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74-01 - Minnewashta Woods PUD pt 1Dan The Pat"t-iOn sho-iwrz a real nc Coern th LY t-1z- festj%'al e residents., 4S a Credit to hCo CLrau te ity px0'V;.des tha.p��op,-,, nity, OXL and so C'G festi'val should oildit-" t1le d to do it Under 0:as one - �r not be ajj0-v.',-' Y t-%Gy ;I'he C"t-Y AttO:rxieY read Gd tO continue, f4il they silould t-",C- PrOposed resolutioa. Z-IOUOn Was made by jj1,1 plzr.n4nq or"I, 'm and Se'�Onded by hijcv- reco" .=L A. (-z thm t '-nd to t1le C he asti-Val the use OZ �ilzrzoil PZGPG2'--LV for -heir f.2 � "-eY dGny the Renaissance t:--'c-- reca '-estival gxli2ing the cult-ur -L for 1974 a"d that that th-eY Would eAc a' VE�'l Ue to the I to zec! a ecrmu""tY Of the X -10.0at- QUzage the RGnalssa_n Oil in anathe ' %- r Pazt Of the city toe pos'-iva' officials great an ef-Frc-,C�t 0" '-w1stjil not havLz hat T-70V'3.d Di--aating t resj.deLts in a nearby area. he (701-mcjj� attent., oil to CV.1d4 indicatcs that- no , .94Aance 47& Section- 23.o6 bl" th-3- Plannia-la Cor- G-ridita'01la- .-L USC- W1.11 -nit shall be recOlTxozendad t u6D Pe Z:ot UYlless ' J- --t 2ral' ftV0 that the conditioral j, Y1 in, t-he VJUV-(xas to 1--he use and It iciII24- . e-130-wilent or other Pr9perty ,.,7 fOr -L'he purr Imend 1--hat R' al�eady pejrtitted Also zacOr fc-so- "'i0z' f::iaials take e`laissaylca Fesi:ival -,Cyr tu - that has been L'C-00,-Rrmandled a.11d C01,0 a-t-� the L.S-32on wit, t", .9 back to the Pl&zuning .)Iy otj a recc9zlizing that thez"' sm-UG Conditjorzs Would api -I the resoxuuo " 01 :EaV0Z% TC:-,t Gabberc, 1ji I{X e. The foj70jjL-j(3 Ck warj'tz' voted agains-t ar'd 3'nL Nl-ielke- The Schulz -ad, ap.d Tim sto�j 011. Den Fierb�-, e- 1,10-Uon �o 1)ave PIeedR Mariana 's .,a d1.r. bY Dave Reed znd that th6 Planni,,jU Cw,,I,, -1 zec '�-Occr-ded by 'vlarlay,'a Schul-55ted. . aissjc' U30 Peras read v�xjtjj "ne en�! the Coz"O" &PPrGve a Conditional ,:1 bleank Under '20 be --f-illed �� 30e 1974, alld the bal "n Voted in favor. -aalce 02 the blanks bairg 0- n. TIle 'ber 1-1ariana SC1'r,2jL,"'c'1-d,, Dan Herbst- St'One- Nick Waritz and xlw, jjj- " Motion oarried� lelke voted no. "' Oave Re�edr &nd TI-mi Gabbart abstained. -170ted tO amiand the mot -on to f.11 ��'a`a�..,G,' ak 111 v"3 to bO A'-19`Us-'t 20, 1974 in the first S,, y &P, - Dave 1" reed sec")aded. motion �Drovcd. Schulstad in oved tE—mand clude. the ezect!Orl of aO ter-120, farthe" to add to q29 the provisionprovisions® J. st -20e 1974, to Szp-Lem e -a� Y -Q'10WfP-nce from periods ea:' appro-Vado Nr30, 1974, Tin, Stone ';,eCOndad, Moti3O.1 VALL-By ;z AUTO PARTS - a SetEic--_ment 11ith the cwiler. - Thm CitY Attorney is requesting Auth r ty LZ tO the Council that the m A. WZL3 -111adzl� -by Dan Herbst aund seconded by 'Tim 11;�--elka to recon, end w'th Vall,y Auto Part-s. C'ty At'Lor--t'PY P=Ocead to sett., 110toion unan' -'e this suit pj��4 - 11""D�as-1Y aPProved, ................ —S1VBD--Qj-LqD for X=—, Len Swc-,d.T,.ujjd w This lo�q ac,,X,c.. aZ'" PZC--�-Qent a s (27 lots) is sketch plan... Ce*rfl':';�'s OR Orchat'd Lane. Mted of OZ the sketch pjz�-n Y!r - was give . aad told "0 proceed to preli n 1-11-Por- plan but to a' apDroval inc"Lude all P-CesInt dwell Mina=V' & "?C410pment Surrounding lands and cOrrGct th Ings i1i the pj,.-1 an`1 "tr"--et nan-G-G. The 1-ark anci _2 Cv�g ­" r Planning J- eL R; e C_zea tior, study thi2 plan SCOMIT Mr� Will 01111so,_ 1'�as P,rc plan of th a ketc,,- S 't wi S - -LO-&I-�Ld On the oiD-Ct�Tj s,-,i,, rj:ri"' Blvd " Ila— Sen Estates anA. Ch O.-C- Chanha,-,_ PXbo=etun, akota., There is a 100 upj` buildirag al",d L'C� t0t-AlhaJISGSThey are.. requesting S aP-M_"1:Ma-,nt buildinarg has .54 efr i envy ul CM11 -W lits on 6-k acres. - ra and 24 o bedz-001,,j UP ic ell is, 22 G.-tle The,e is a playgo0u,,.1 S,egip-Uning poFjj The Plan,11,13ig COMMission ivotild 'Like copies of this plan, to StudY and ruake c0rlk-aants at the next %,.Gat4ng. HLY. RICr"?j-zD­­ RMUTIF: reprc_ a cozicent -Ives X'Yara Present to e, W11-n zhG Planning -o_r�,jj,;Ssion. G-q LQ.r`�Q LUCY Rc.--d. -1. Vie 39,4 acres 4S located ne CO.P.Ceptsa-,j nie"-s Of property by ill: tee ap J_ �d b 0 E Ff five acre or large can, bc! ounds Iads'-10z' On a PlaP- how theser r are avclirlable. No streets�worxld it a PL' 'n- These would be aC31.d ior %1.3ze 1301.1ei-3, as to 'air -0j lash Warit 1.1Z th o c-'O RO"­ care for the This is'f= the small a- Ca TOx, GabbeZt Does no"' - V_I%re Recd - re;z;e� 2:va"UOns on thi_- co.ncept. Tizz - The Cil- -, L S .;lot anYthirlg in plana-A.ng or SeWer and V tG_ U"rin, Hav a. 0 a the Planner look at thiis fc;r Dan ire=%-st No ijXjag:_ on. Vai e Plan that wao shOWra. This plan is iln SPZ"ing Lake TGtv-nshjp. S1 M,1-8 - GAS GPS STA;1.10 'X. M!"k-a Gif f ord, awrc-p N Y ce was �ra&ej7t: tj� _ A. S29111 Ccmpany, est,Pe-fuission for tWO wing board el Faz Gas S,1-z,.tj0n on ply-, -A %� wl' crls at the 4. J-ng ClOud Drive. ThLe Signs are 8 x 32 fee t to iden,UZY PZ-Oducts sold at the statiOn, such as I-ailk, bread, c,ilarettes- 't was sugaest6d that they have small portable signs .. I.. '"hal can be rut by the gas ptzncps. ar-© Gifford is interested in disaussing the City Sign Ordinance with Ule -Plaxining COM-i-Ssion. RICHARD ORDAL- Mr . !_ . I Richard Oda l and Beznard Harroun.. Attorney, were T? :It perritissjo;p. to b-aild a hoaze On 3k acres on the south side of p' 10nee-r TrailC This propazty borders aloag a creeR and is 2Ln the flood plain, ` C. 's F"'_L sOEe PrOPOSed 212 corridor syatLr,,. The October 29, 197, .4 Council 1RIMUltes Were read by the Admain'4_.strator. 11'.11IG Board af -tjdj1_?S44L?ents arld P'.PPeals denied tj�.js 1973. The Park and Recreat4on Coaxji Oa Juily 21Y ware read. Z. SsiOn on of Aidgust l4s 1973, A letter fro -III Schloall and Mz,�dzori dated AUgust- 20, 1973, Was read. A motjop� was made "')y De HGzbst and seconded )Y Jim Mielke '"0 =Ocorzmend to -tjje Ci this site based on h,tl;' a bullding P--r-mit be denied for 20, 1973. mlotio?, a'd the Engineer's report of Aug-US4* .,j 1jamous-ly, appraved. ar — A mation 4qas MPde by Tun Gabbe-t aad seconded by jinj jq-1� Ike to adjourn. a MeOtirig adjourned at 12:15 &.Mo Jean Mleuwissen Secretary DATE: April 24, 1974 VILT-AGP 0? CMINHAS6 APPL:iCATION FOF �4.1TT [Lta Applicant: � Len Swedlund (Ecklund & Swedlund) Address Highway 7 and County Road 5 .Phone u().: 474-5921 Property Owner: Len Swedlund Address Highway 7 and County Road 5 Phone No. 474-5921 RE: The uescribed real --- Lots 28 and, 29 of Minnewashta Park The andexsigne,d Q ner,'s of real property within i Tillage of Chanhassen do hcxreby respectfully request that the above described parcei;s or property be rezoned :prom an: R-1 Residential Zone District, to an p_1 Planned Unit Development _ .._ ?na4 District. FEE: c'_Cz n-I DEPCy-LA., ��t.{�uiitr.0 i3Y `t8E ZONING A- 'INrSTPkpo.4t $800.00 paid -. ; 7610 LAREDO DRIVE ® P. 0. SOX 147 c CHANHASSEN, MINNESOTA. 56317 ' ®' (612) 474-8885 DATE: March 26, 1974 FROM: Zoning Administrator TO: Ecklund & Swedlund Custom Home Builders SUBS: proposed Minnewashta Woods PUD-1 Preliminary -Development Plan REF: Cal City of Chanhassen Ordinance #47, Section 14.05 Subsection 3. 1. In accordance with reference (a) the following report is hereby 'submitted on the subject named proposed development., 2. After reviewing the proposed Preliminary Plan for the Minnewashta Woods Development, the.fol.lowing is hereby submitted: a. Site Development Plan: The property to the North,'East and West of this proposed development is zoned R-1. -The property to the: South is zoned R-la. This development site does fit.in-to.the City s guide plan, b. Proposed Land Uses: This is a single family dwelling development and does meet the accepted criteria. c, Population Densities: The density is approximately 2.5 units Per acre which in the opinion of this office in.an acceptable density.: d. Land Use Intensities: It is the opinion of .this office this meets the acceptable standards. that e. Existing Topography and Tree Cover, Buildings, Streets and Other Site Features:. It is the opinion of this office that this PUD-1 will not disturb the existing topography to any great extent Other than that fill will be required in the low areas of Lots 1, 2, 4, and 5 of Block I. Due to the extensive coverage of trees on this parcel of land there will b Conseque some loss of trees to roadways. ently, it is strongly recommended that great care be e tO p`eSe+Ve the'trae,coverage on this PUD-1. xercised } Page..2 �. Proposed Public and Private Streets: The streets are. in compliance:'with. Ordinance 433.Secton 8.03 for minor streets. a. Minnewashta Moods Drive: This' will be a minor street . wl,ic h will have a 50 f.00t right-of-way and a 28 foot roadway.- b. Forest Circle: This is a cul-de-sac which has a length`. of approximately 300 feet and a radius 60 foot right-of-way anda 40 foot roadway. 1 g. Open. Space Proposed:. It is the opinion of this office that this development is too.small for. open spaces (park lands). h. Architectural Style of Building: This is not applicable due to the'fact that th-ts, development will -be all _single family dwellings. �;. Vritten statement is on file at the City Hall indicating the applicants interest in property, -expected timing of development,, and description of required maps and drawings and are satisfactory. 3. Proposed Preliminary. Development Plan Approval:. Proposed preli.«inary development plan approval is hereby granted for this PUD-1. si"nceYNyo rc, nne le. on lag Administrator', LGS : k. Pa.T»:. G:.:k:R .fl'e*wa. e:d ao31 1.'arch 1974 '� 'iereg-alar Pal* and s wG`:���.a^.t oll Coi:'4k3.iS.s i.On-meat ing wascal iC:Ad tocfder by Chairmac,�n Viv,La:. B e`xi2gi"wd on March 5, 1974 at. 8:00 p.m. in - she City Hall. Rich ch Ly.r ian, Dw:§ gh-16: Le atha" m, Chuck Hirt, E .Li ong. Gs%.ie'c''aaE'sS3 r i�ic �'S-Ledt 'i yC�Ta;.T3yOsfl. :� L"NI J%'E.S`. : A rz'-O'a:ion 'was lucid^ by Rich L -man and seconded by Denis SI-_k:::E.x1c aI% to approve the rebrua-- I9, 1974 minutes. IM'ot:iva carried, ENLIP1 i� AI:O SWEDWIZ) 'P�N3% D UM).12 ,Et�.ViEii: CPMEN c Ja � SWed!Mad explainzd ;c- `Z6.tIy cbabout- nedev C3p.�E Z. Mo�y.On Was mad' by Denis a32�e s ,ry � Rich y ��j p, c. MG k5G'.Jl 64� rlded .c y rich ii�'Si an after ye- r2GW'ing this plan the Park and Re-c ec:'i. 0-,, Cc-.Tpiij2�jo i'"lt�kTE?2C[:r £, cad STiMd'.:.-.!d 0110'xl i..l?e City Ordinance iin rEet•rrds to prO- :r-bCd .3.Y2 leanc, Qs. lC.niio 1°10aOn carried . o 13C; Cv-',-,r r scion feels an ev.+e � �� for a p �F f fl �?3u need t.�.rxti .�£1 x..it3L SC.::Y..3.OPi of >:`3'�.'' C�yo �.�.L9z�.�r"'L'�C.l� il�i-��[J�.'�� •�.,..,i� �!'Y�t�'�_`l`�°r •r: n '? .w ::ri ,n, Barr E'noviirr'- k:t CO s-1j: .lW�.a`:fy %—r, nc7 � ,� L or �Ie / AI CTY--�'Ll�'9 e.O:C =Y C.. � '1 $ Spi a CV-,n `a:ic' i'�.:r.sAi3���..�r:i tI-M- e p:res"-..Tt"t'4'•&O7��a,,malpla?n E��1satt the �'i�YY'�.'osct of ��'xe sRijc�y- TrC� 6��ate �'.a-n'ahE'� dd p..�i 4.1. �.�.°'t� �. C'! a a7 i:� C�aftL'�C�.c�'�',a' .�. �� n°'2 TZR�r .:s.Ci:c.r'3't..GiY e : Curt Sorenson and 1'i Hiir°J aO 'C'TerEx present to for Lx:...+,e Ann. NIGY ehplrained ior: leasing ors`�uy i.i'±t� r{defers and shoed samples G_ meters availabl t. "7 dcc s: 011 will be M&-de Until airier methods of pail regula-ions a=e .n "ves .iga tech . XDTFORMATION? CENTER: Bale Gregory showed a Picture o:' What she Info=kiation �s Y::L°'' 10:1- CMG made by Chuck HJUr t` and seconded by Rich ..r1x an LO .a._a,,- the Cvnneil app.rovc- tied i.General Xnfoxmma-hi©y� CC,on-® zed°�.r:g the $25t�ac��f O'nxu c:ed by he Sen c4 Cit -ens a L,10tion L4Frr ied ,' 21is Cez-11-Or will Contain the Parr Ordinances, Softball schedules end 0- -or " ark. In oZIgation e ^iCNS :. A AlOt: Or, was made by Chuck. nTs.r� and seconded by Denis Ste-dmzuq � e f01101-ling zigns to be made up by the City: do T�pt, e�nn's C©ur�.Sac�'3j AZ j"-Ioas only 2. Wxvit Piay to i hour 3. Adult Priority after 4 : 00 p.rno e Please keep area Clean ECKLUND & SWEDLUND CUSTOM HOME BUILDERS P. O. BOX 38, EXCELSIOR, MINNESOTA 55331 MINNESOTA'S FIRST AND ONLY HOME DESIGN CENTER March 1, 1974 Minnewashta Woods P 1 Planned Unit Development Chanhassen, Minn TELEPHONE 474-5921 1. This development, as submitted, is being presented for approval by Ecklund & Swedlund Development Corporation. They are the owners of said property purchasing it on a Contract for Deed from Ralph Hegman who resides on Lot/y Block ® of this development. 2. This is a 10 acre piece of ground to be divided into 27 lots by this proposal. We are requesting permission to use these 27 lots for single family dwellings. 3. The development of this property will commence immediately upon the acceptance of the plan by Chanhassen. We would hope to have single family dwellings under construction by June 1, 1974. 26 TH ANNIVERSARY 1946 19'72 WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA _-i SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 - 50 NINTH AVENUE SOUTH HOPKINS, MINNESOTA 55343 April 19, 1974 Planning Commission City of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plat, Drainage and Util- Gentlemen: ity Plans, Minnewashta Woods Subdivision We have reviewed the above documents, submitted by Ecklund & Swedlund Con- struction Company and prepared by Egan, Field & Nowak r Inc. and identified as 1999-11 4499; Sheets 1 and 2. GENERAL The tract being subdivided includes Lots 28 and 29, Minnewashta Park, and consists of 10.92 acres lying west of Highway 41 and south of Highway 7. The proposed plat contains 27 lots. with an average area of 15,207 square feet and a minimum area of 11,700 sq. ft.; both meet the ordinance criteria as to area. The area contains two existing residences and several garages and outbuildings. The two residences are located within two future lots; several of the outbuildings will have to be.moved or razed, since they overlap the proposed lot lines. STREETS Two new streets are proposed: Minnewashta Woods Drive and Forest Circle, a cul-de-sac. The proposed rights of way and finished road width conform with ordinance requirements. The proposed street grades, a maximum of 6.44%, conform with ordinance requirements, including a maximum of 3% within 301 of intersections. We recommend increasing the >sienter line radius of proposed Minnewashta Woods Drive at the curve adjacent to Lot 7, Block-.l.from 45° to 100° quired in the ordinance. , as re - EXISTING SANITARY Sanitary sewer and water laterals and services were in - SEWER AND WATER stalled.in Forest Avenue, Orchard Lane and Sandpiper Lane as a part of the North Area Improvement No. 71-1. The assessments levied against this tract are as follows: Two sewer and water lateral units @ $3,669 Two trunk sewer and water units $, 00.00 @ $ 700 1 Area charge, 4q/ Sq. Ft. on 164,506 SF6,58,0.24. Total Amount Assessed $15,318.24 One existing home and eleven new lots can be served by existing pipes. SCH04LL & MAOSON.INC. Chanhassen Planning Commission Page 2 April 19, 1974 It will be necessary to redistribute the existing assessment to the newly div- ided properties. This may be done by assigning the two lateral units to Lot 14, Block 2, which contains one of the existing homes, and any one of the other lots abutting the improvement. The square footage charge, totaling $6,580.24, can be assigned to the other ten lots abutting the improvement in proportion to their respective.areas lying within 15.0' of the improvement. No further expenditure needs to be made by the City to serve the twelve pro- posed lots abutting the improvement. When building permits on the lots not assessed for lateral units are applied for, a lump sum payment for the later- al charge and the availability charge will be made; this lump sum will be computed by adding the lateral unit ($3,669 plus 7% for each year subsequent to the year assessed, 1973), $700, or whatever the availability charge is at the time of application, minus the amount of the area charge already spread, as. noted in this paragraph above. NEW SEWER AND WATER It will be necessary to construct new sewer and water to serve the remaining fifteen lots. This construction will be the responsibility of the developer. The City will collect only the $700 availability fee (or whatever amount it happens to be at the time) from each of these lots at the timea building permit is applied for. Parenthetically, the original financing schedule for the North Area Improvement assumed that not less than 24..lots would be created within this plat area, compared with the 27 that are now so included. The proposed sewer and water layout as shown on the EF&N Sheet 1 is feas- ible. It is possible that a narrow easement may have to be secured by the developer on the Logelin property to facilitiate sewer construction, and it should be noted that the sewer entering MH 93 needs an outside drop. Caution should be observed in setting the .elevation of new homes on Lots 6, 7, 19 and 20, Block 2 to insure that the homes will be high enough to be served by the proposed sewer. DRAINAGE We have analyzed drainage needs in this area, including other areas tributary in the vicinity, and recommend that drainage facilities be constructed in accordance with the plan shown on Sketch 6109-MW attached. This design has been made using the following assumptions: a 5-Yr. frequency storm, rate of 3.6" Mr., time of concentration 20 minutes, and a 40% average runoff factor. We believe these are reasonable criteria for this residential area. The sketch shows the tract area, consisting of Areas 1, 2, 3, 4, 5 and 6, and adjacent Areas 7 through 11. Runoff from Areas 1 thru 4 and parts of 5 and 6 will enter the proposed drainage system at the three catch basins on Minnewashta Drive. Runoff from the remaining parts of Areas 5 and 6 and all of 7 and 8 wtll ant@r tho mymtom at tho two e4toh booing on SA#dplpor La i. Runoff from Area 9 drains overland southward to swales and swamps leading into Lake Minnewashta. Runoff from Areas 10 and 11 now runs into a pond located in Area 10. The sketch shows the drainage system required to dispose of drainage under ultimate development conditions from Areas 1 through 8. The 30" outlet run SCHOELL & MAOSON, INC. Chanhassen Planning Commission Page 3 April 19, 1974 in Sandpiper Lane has sufficient capacity so that later, when desired, a 24" pipe can be added from the low point in North Manor Road to the upstream manhole in Sandpiper. This latter construction will be necessary when the pond in Area 10 is filled and no longer capable of storing runoff. It is assumed that no runoff from any areas north of Highway 7 will enter this system. There are no culverts under Highway 7 at this time, and the area directly north lies much lower than the pond in Area 10. The existing 149' of 18" corrugated iron pipe may be taken up and sal- vaged, used as catch basin leads, etc. but it is too low in capacity to be used for the new run between Areas 5 and 6. Ultimate disposal of runoff is to low swampy areas in the Hermann property, thence through swales to Lake Minnewashta. RECOMMENDATIONS tained herein. WDSchoell:sd We recommend your approval of this proposed plat, subject to the developer's conformance to the recommendations con - Very truly yours, CITY ENGINEER cc: Ecklund &•Swedlund Construction Co. Egan, Field & Nowak, Inc. A.1 (A�, I � / TANAGER S'�'� C, / ! ` ru Co ru W A xm Nj A L14 (A a) 0 0 0 M r, z 0 211 f (0z :- < LK -4 G) U) 00 to l. c rn/ rn CA (.n z I t r F. go <rn 0 0 . Z m 00& L x (1) Z o �'t o > tv 0 10 0 rt :1 :j CrQ CL aq rD En > rt Pi 0 (D 03 C/I G cn (D = 4 1 1 rD 0 cn R 1-3 '4 C" r 0 > j, t 0 rt 0CD (n n (A C) cn t-4 LW 1-4 F- M C-) P-4 I-- Oj Pd C/) kD 9p1d -- . N) CA W&Y CA CHMMISON CARVER AND HMNIPM WUETIES7 K19HEEOW G9 IXT plan; NOTME X5 ...EPA. :, GIVEM That '-;..Y Planning conmisston Qj-- the "Y of Chanhassen, ""OtaIiJ iM On Wt24MMIMS050y, he 0- at 7 z 15 Eel! im WE City, fElf too puzPme of holding public hearing on a prcpasaa prelimina=Y ownlrymnnt plan hwan as w3eWe Wtzv january; 127s�' nn Wa Cloy an! 00WIVAY thn followind aescribed WMAST ZO'ts 20 29; miamewashta Park, carver wu=ty, minnesotz plans shawing Maio POOPOS02 development era available i fcolz* "mapeAUGM at the City Hall. - All pereqns intownMed may apyar mnd be haard at Sal Was Mac place, Intsda RPM 2, 1902 BY ORMAR Q? *,,-HE CIPY 5LIKUNG, WY110h QUI 4, 1974 in ull 11401m xkvlaa .5 RUSSELL H. LARSON ATTORNEY AT LAw 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 5540P TELEPHONE 335�OSG5 April 22, 1974 Chanhassen Planning Commission Box 147 Chanhassen, Minnesota 55317 Re: Minnewashta Woods P-1 Planned Residential Development District Dear Commission Members, In accordance with the request of the Zoning Administrator that I review and report on the above P-1 proposal, I submit herewith my findings. General Considerations 1. While I have not been furnished with a copy of the hearing notice, I assume that notice of the hearing was published not less than ten (10) days in advance of the hearing date, and that notice was given to all property owners within 350 feet of the subject property. Preliminar,, Plat 1. Under Ordinance No. 14, Park Land Dedication, the City has the option of requiring a dedication of land not to exceed 7 % of the gross area of the proposed plat for public recreation use, or a cash payment equal to 5% of the market value of the land determined by reference to real estate tax assessment records and formulas applicable thereto. The Zoning Administrator is of the opinion that the development is too small for the establishment of public recreation areas within the plat; therefore, I assume that the City will require the 5% cash payment. 2. The preliminary plat given me for examination shows the absence of side and rear lot utility easements on most of the lots. The Subdivision Ordinance at Section 8.04(a) calls for these easements where necessary. The City Engineers should render an opinion on the need for these easements. In my view, these ease- ments may be significant especially on those lots which abut the unplatted lands on the perimeter of the plat a. Utility installation shall be underground. I Chanhassen Planning Commission Page 2 April 22, 1974 3. The report submitted by the USDA Soil Conservation Service should be given serious consideration especially those portions which deal with the steep sloping landscape, surface and subsurface drainage, and roads. Adequate basement waterproofing or tiling, or both, may be indicated for particular lots. Care should be taken to include requirements of this kind in the development contract and as a condition to the issuance of building permits. 4. Consideration should be given to the need for street lighting. 5. Proposed covenants and restrictions, if any, should be submitted for study at this time. 6. The City Engineers should estimate the cost of installation of roads, water and sanitary sewer lines, storm drains and other public improvements found to be necessary for the development. 7. An abstract of title or registered property abstract, certified to date, should be submitted for examination at this time. P-1 Planned Residential Develoi-ment District 1. The Zoning Administrator strongly recommends that great care should be exercised to preserve the tree coverage of the area. This consideration together with general landscaping requirements, especially in the areas of steep slopes, should receive the attention of the Commission and Council, and any plan or requirements therefor should be incorporated into the development contract. 2. If approved, the final development plan should require the execution of a planned unit development contract with provisions made for adequate security to cover the cost of public improvements. RH L: m Lily yours, Russell H. Larson Chanhassen City Attorney cc: Schoell & Mads on , Inc. Ecklund & Swedlund Construction Co. Ralph Hegman d k. 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 0 (612) 474-8885 JfINNEWASHTA WOODS- DEVEL'DMENT ESCROW AMOUNT RECEIVED 4-22-74 $800.00 COSTS INCURRED RE: DEVELOPMENT March 1974 Design Planning Analyzed and prepared report on Mwsta Woods Preliminary plat 22 hrs 75.00 4-22-74 Russell Larson - Review preliminary plat, Engineers, Planners and U.S.D.A Soil Conservation service 4-24-74 repor- furnishreort Planning Com. Russell Larson arin 105,00 9 87.50 April 1974 Design Planning - Meet with City Staff Re: Mwsta Woods 4-24-74 Design P.U.D. and Plat and Planning Com. Agenda Planning - Attend Planning Commission Public 60,00 hearing 60.00 April 1974 Schoell & Madson ,-Review of plat: Engrr30 Hrs 420.00 Drafting 1 Hr �10:50 430.50 4-4-74 Chaska Herald - Public Hearing notice 7,22 5-7-74 Russell Larson - Conf with Messrs, Swedlund, Schnelle, Dale, Schoell. and Berg relative to planned 5-16-74 Russell development district proposal Larson - Review all consultants and City Staff 60.00 reports, draft outline of development con- tract provisions 75.00 May 1974 Design Planning - Follow up report 2 hr 15.00 Conf with City staff and consultant meeting in City Hall 1 hr 30 00 ADMINISTRATION COSTS: City Administrator 9%2 Hrs Bldg Inspector 5 Hrs Clerical 11 Hrs Xerox Copies and Supplies Postage Mileage AOo o d 33.35 29.02 39,25 22.50g, 5.16 Y PAGE 2 Minnewashta Woods Development 5-13 to 7-13 Schoell & Madson - Supplement to preliminary Plat j review, cost estimates for required utilities, review utility plans & specifications. Engineer - 27 hours @ 16.50 pr hour 445.50 Draftsman - 3 Hrs @ 12.00 pr hour 36.00 481.50 7-4-74 Russell Larson - Prepare development contract, Conf, with applicant, attorney, L. Schnelle, and closing conference for execution of Contract: 300.00 Xerox Copies' 4.00 J - i y u 9 'ii ° -' ��"�� a ' : �l, v'i"^' ,t ilarw' 'dtr jai :�u.ti G :� L A i nj N I J I `Ar. �� O C ] A .1 :iw. 9 Y Y C 2_Zi 43266 Chicago Avenue So. Minneapo?is, Minnesota 55417 Phone: (612) 822-2106 Apr 1 24, 1974 PLANNING REPORT For: Planning Commission City of Chanhassen, Minnesota By: Carl R. Dale, AIP Planning Consultant Subject: Planning Review and Recommendations - Minnewashta Woods, P-1 PUD and Preliminary Plat Planning Considerations 1. The proposal is to subdivide land for 27 single-family home lots.on a ten (10) acre parcel of land northeast of Lake Minnewashta gust south of Highway No. 7. While this would normally be.simply sub- c:ivision approval request, the Chanhassen Zoning Code requires that developments of this size also be submitted as a Planned Unit Development. 2. Reports on this project have been submitted by the SCS, Zoning Administrator, City Attorney, City Engineer and others. The reports are generally favorable except that the Soil and Water Conversation. Considerations do point out some problems and conditions to the plat. 3. From a.plannnng viewpoint, we would agree with'the report or the Zoning Administrator. Also, we agree with the. recommendations of the City Engineer. 4. Since the development is a Planned Unit Development as wellas a standard residential subdivision plat, it is possible (and in this case desirable) to include special conditions for approval: 1. All conditions as recommended by the City Engineer and Zoning Administrator. 2. Conditions as recommended by the City Attorney and agreed to by the Planning Commission (Attorney's recommendations not aVailable as of this date) . 3. IMajor considerations for special conditions have to do with soil types, vegetation,. and slope. In view of this.we recommend the following condttions be included in the PUD Permit. (Development Contract): a) Development of lots 17,18,19, and 20 in Block No. 2 shall be developed only in such a specific manner as recommended by a professional Landscape Architect and approved by the City Engineer. The primary.co.nsideration here will be to recognize severe slope (18 percent or over) limitations as related to maintenance of permanent vegetation,-ero�ion, specialized foundation and basement grading, and other related problems and considerations. 1,. b) Lots 2,5,1,11,12,13, and 15 of Block No. 2 range from 12 to 18 percent slope. Grading of these lots shall be as directed and supervised by the Zoning Administrator and as approved by -the City Engineer to minimize landscape alteration, control soil erosion, and minimize sediment deposition. The graded area shall be seeded immediately after construction grading is completed and/or permanently landscaped over final grading in a satisfactory and approved manner. c) Lots 1,2,3, and 4 of Block No. 1 shall be filled with drainage, footings, and basement waterproofing provided as recommended by the City Engineer and approved by the Zoning Administrator. d) Special care shall be taken on any lots having a wetness problem and seasonal high water table to assure proper drainage and prevent wet basements. e) Special precautions and construction practices may be required both during and after construction to assure against wind and water erosion and sediment hazards. f) Existing tree coverage and natural vegetation shall not be removed except where required for'road construction, digging for foundations and basements, and other construction needs. Special equipment and grading techniques may be required -to minimize tree removal and damage. g) The certificate of occupancy for each homesite may contain conditions for tree maintenance and restrictions on tree removal.. (As developed by appointed City -Forrester.) h) A cash payment of per lot shall be made to the City in -lieu -of land dedication for public recreation or other open space needs. i) Architectural controls (size and shape of.building and place- ment on lot) may be exercised by the Building Inspector if applicable to and necessary for proper_compliance with other related conditions of this permit. j) All improvements including concrete curb and gutter shall be installed as required by the City Council. k) All utilities shall be underground. 1) Others as deemed appropriate and in the public interest. 7�:.•..luis+Li.S..L�-: ✓ift 1�V3111AalV�i { fcaJs%.a �iyS'9�Z:'c_i %7 - g10 -s�•� tr q• cc Fit^:'//i is ^, O' r'. 1 i+�i 3t 2.p, 1-97d, 7a30 11o11a p fib—, _1 c :-kc-a".i-nv_j C^;ag ca-ii l•r'E� to order by4�%.'�..I_r: ea Dc"i�3 �c `b> `v Ei3�'7 _.aa'j aCeyn_,,�tiers Lv•t''..j"e �i:ka (:•s;i".� ✓� }1 L :� s,a '." .a' Sic.0r,ey It,i °. it"Vc:_J' za r`'o-m Gc1s: ber-''C,. and v"?.STC 'I'l..t lke. Mariana Shu-Ist-a, was a,"aSu'nt. x-Iu SvYed*]."..'s!,!dS and Sc *l c-l"''t o s,u. .._w.. e_!Cc.. 4s2. .ir2.53lic hec.:..,=.i>'ig u.`,i i t:iT'.l ..:.c was Z-Gad bV the Len Sf+1eCc.S i. nd gave a ;�.:i'Ie- P-3—ese �� !.csc. i On 02" a �i3�^ J _U� :rJ�. o c w e i ..t ✓ a.. .� C: 5 0 feet. G: '.- acres �.t..=wit-h. Square �::�''e.'r�-. Za ._{�i4. v. e.;:t�._ �a� �`i7'c::_�C"j[`'-_ .3..©i. �is,� v1. S...'a��� There a- e 27 lot-S. _;e 'UV'•vi6..G7 fd .�i.:1 ke L.sO st��i ,'� � oi'z3i� �."'i?�:}. �. ©soh as :>Vg`�"a e e"p$ ✓ 3;D r-i-1 p SS+Eue F-miciiu i u a Carl Dale, t.. i.,G-,,- A'f yG.t uiin'.i 5...f'i::lsd.'L:. ... G_a1t p "% ril .,�,'-°.,b �.-'�S.•'`,tC�.G"r 2- ,7 0:j i3;,iFdpwS.9£:."d�", c`:i:a.i':,-:�� Lf 'i:_.e are;.,. VuiC.._sae F:.he -.1i�'�.i will he a &.-:w .�3G: ge �; r'3.'i�s�J.i. i�Ei when the .:. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: -Kay 14, 1974 FROM: Zoning Administrator TO: Mayor and City Council Members SUBJ: Preliminary Development Plan Approval for Minnewashta Woods PUD-1; request for REF: (a) Ordinance #47 Section 14.05 Subsection 4, a through d. (b) Ordinance #47 Section 14.05 Subsection 4 e. ENCL: (1) Planning Commission minutes dated February 13, 1974 (2) Park and Recreation Commission minutes dated March 5, 1973 `(3) Zoning Administrator's report dated March 26, 1974 (4) Mr. Don Berg's report dated Fe-b. 5, 1 g111 (5) Planning Commission minutes dated March 27, 1974 (6) Schoell and Madson's report dated -(7) Mr. Carl Dale's report dated April 24, 1974 181 Mr. Russell Larson's report dated April 22, 1974 (;9 )_ Notice of Public Hearing (10).. Planning Commission Public Hearing minutes dated April 24, 1974 `(11)- Planning Commission minutes dated April 24, 1974 (12) Mr. Carl Dale's updated report dated May 8, 1974 (13) Mr. Bill Schoell's updated report dated May (14) Mr. Russell Larson's proposed PUD-1 contract (15) Mr. Don Berg's report dated May)Siiq-lq 00-et�:l 1)L�� 4 -- -Z 1. In accordance with the instructions contained in reference (a), the planning commission has recommended to the Council that the subject proposed development be granted rezoning from R-1 to P-1 and approve of the preliminary development plan. review:2. The following documents are hereby submitted for your a. Planning Commission minutes of February 13, 1974, granting sketch plan approval. See Enclosure (1). b.. Park and Recreation Commission minutes of March 5, 1974, review of the subject PUD-1. See enclosure (2) 1974. C. Zoning Administrator's report dated March 26, Page 2 d. Mr. Donald C. Berg's, USDA Soil Conservation Service, report. See enclosure (4). e. Planning Commission minutes dated March 27, 1974, regarding review of proposed preliminary plan_ for Minnewashta Woods PUD-1. See enclosure (5) f. Schoell and Madson's (City Consultant Engineers) report dated April 19, 1974 on Minnewashta Woods PUD-1. See Enclosure (6). g. Mr. Carl Dale's (City Consultant Planner) report dated April 24, 1974 on Minnewashta Woods PUD-1. See enclosure (7). h. Mr. Russell Larson's (City Attorney) report on Minnewashta Woods PUD-1. See enclosure (8). i. Notice of Publication of Hearing for the Minnewashta Woods PUD-1. See enclosure (9). j. Planning Commission Public Hearing minutes dated April 24, 1974, for Minnewashta Woods PUD-1. See Enclosure (10). k. 'Planning Commission minutes of April 24, 1974, regarding action taken on subject request. See enclosure (11). 3. The City Staff met with Mr. Len Swedlund, Developer for Minnewashta Woods PUD-1, Mr. Carl Dale (City Consultant Planner), Mr. Bill Schoell,. (City Consultant Engineer), Mr. Don Berg, (Soil Conser- vationist), and Mr. Russell Larson, City Attorney, on May 7, 1974. The purpose of this critque was to review the findings and recommendations rendered by the Planning Commission at their public hearing and meeting on April 24, 1974, regarding the subject PUD-1. As a result of this meeting the following upgraded reports are hereby submitted to .-reflect the Planning Commission's :findings and recommendations: a. Mr. Carl Dale's report dated May 8, 1974. See enclosure (12) . b. Mr. Bill Schoell's report dated May , 1974. See enclosure (13). c. Mr. Russell Larson, City Attorney, proposed PUD-1 contract which reflects the Planning Commission's recommendations. See enclosure (14). d. Mr. Don Berg's, Soil Conservationist, comments dated May , 1974, regarding the Planning Commissions findings and recommendations submitted by City's professional staff after May 7, 1974 meeting. 4. The reports, Enclosures (6) and (13), submitted by Mr. Bill Schoell, City Engineer,'t& refer to the strom sewer that will have to be constructed to resolve surface drainage. At the meeting of May 7, 1974, Mr. Schoell went over this drainage problem with Mr. Swedlund as this question,.•was raised at the public hearing as to who would pay for it. r7 W Page 3 It was agreed at the meeting on May 7, 1974, with Mr. Swedlund that he would pay for the 18 inch and 24 inch storm sewer but the oversizing from 24 inch to 30 inch cost would have to be picked up by contributing drainage areas. Mr. Schoell estimated these oversizing costs would be approximately $-,V,000.00. This really involves another public hearing is we plan on assessing out oversizing costs to contributing land owners. 5. Council action on the subject development will be accordance with the guide lines set forth in reference (b). Sincerely yours, Lloyd G. Schnelle Zoning Administrator LGS:k cc: Mr. Russell Larson, City Attorney Mr. Len Swedlund, Developer Mr. Bill Schoell, City Engineer Mr. Dong Berg, Soil Conservationist Mr. Dan Herbst, Planning Commission Chairman Mr. Carl Dale, City Planner s - ``YS DESIGN IPLANNI�,JG- ASSOCIATES, hNC. v� Chicago 482o � Avenue So. Minneapolis, Minnesota 55417 Phone: (612) 822 2100 May a, 1974 MEMORANDUM To: Mr. Lloyd G. Schnelle Zoning Administrator From: Carl R. Dale, AIP Planning Consultant Subject: Follow-up Report on Staff Meeting Regarding Minnewashta Woods PUD-1, Preliminary Development Plan All of the points covered in my Planning Report to the Planning Comrni.ssion dated April 24, 1974 were discussed at the meeting held May 7, 1974 in the City Hall with the developer, City staff, and consultants. At that meeting, the recommendations of other such as the City Attorney, SCS, Engineer, and others were also considered and discussed. Concerning my.recommendations, Mr. Russell Larson took notes as to what we agreed to as meeting the requirements of my Planning Report and those associated with it from the Planning Commission. In my. opinion, these notes accurately reflect the PUD requirements as spelled out and with a more direct, simplified and practical approach. The intent and purpose of my report and that of Donald C. Berg is quite clear. The agreed upon procedures for attaining the desired goals should be adequate and these procedures have been placed in writing by Mr. Larson. I should like to emphasize here only the one.point for City Council consideration and that is -- the Zoning Administrator and Building Insoector should be authorized to utilize the professional services of the City Engineer, a Landscape Architect, the SCS, or others in any individual case where there is any question or doubt as to the developers adherence to the intent and purpose of our reports regarding preservation of trees, slope protection, wet basement problems, prevention of siltation, and the like. Such services may or may not be required but if so, they should be utilized with costs billed to the developer. Thank you for asking my opinion on this matter. Please let me knoa if you have any questions or need further information. 6 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE City Hall, Waconia, Minnesota 55387 Mr. Lloyd Schnelle Chanhassen City Hall Chanhassen, Minnesota 55317 0 Dear Lloyd: May 15, 1974 I thought the meeting -with Mr. Swedlund, Mr, :.,.Larsen, Mr. Dale and _ Mr. Schoel went very well, and that Mr. Swedlund, the developer -builder, of Minnewashta Woods, was very cooperative. I thought that Carl Dale's report, starting with Item 3. a) at the bot- tom of his letter would fit into the development contract. I have en- { larged on his paragraph to state the steep slope problems as I see them. 3. a) Development of lots 17, 18, 19, 20 in Block No. 2 shall be de- veloped only in such a specific manner as recommended by a professional Landscape Architect or other qualified person, and approved by the City Engineer. The primary consideration is the severe slope (18 percent or over. Building a house into an 18 to 30% slope requires an exceptional, unusual, or creative design to.fit the house into the slope, without re- quiring excessive excavation and land disturbance. Slopes of 18-to 30% also require carefully preplanned water control from roofs and paved areas to insure that runoff water will not be a continuing soil erosion problem. b) Lots 2, 5, 6, 11,_ 12, 13, and 15 in Block No. 2 range from 12 to 18 percent slope. Grading of these lots shall be as di- rected and supervised by the Zoning Administrator and as ap- proved by the City Engineer�to minimize landscape alteration, control soil erosion, and minimize sediment deposition. The graded area shall be seeded immediately after construction grading is completed and/or permanently landscaped over final grading.in a satisfactory and approved manner. c) Lots 1, 2, 3, and 4 of Block No. 1 and Lots 1, 7, 10, and 16 of Block 2 shall be properly filled, with drainage footings, and basement waterproofing provided as recommended by the City Engineer and approved by the Zoning Administrator. d) Special care shall be taken on any lots having'a wetness prob- lem and seasonal high water table to assure proper drainage and prevent wet basements. H e) Special precautions and construction practices may be re- quired both during and after construction to assure against wind and water erosion and sediment hazards. f) Existing tree coverage and natural vegetation shall not be removed except where required for road.construction,.dig- ging for'foundations and basements, and other construction needs. Special equipment and grading techniques may be re- quired to minimize tree removal and damage. I have also added the lots in Block 2 to Item C. If Carl Dale would approve of these changes or correct them further, this would be my conclusions re- garding the Minnewashta Woods'meeting of May 7, 1974'at"the Chanhassen City Hall. Sincerely, Donald C. Berg District Conservationist cc: Carl R.'Dale RUSSELL H. LARSON ATTORNEY AT LAw 1000 FIRST NATIONAL BANIi BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ May 16, 1974 Chanhassen City Council Box 147 Chanhassen, Minnesota 55317 Re: Development Contract Minnewashta Woods P-1 Planned Residential Development District Dear Councilmembers: TELEPHONE 335--9565 In accordance with the request of the Zoning Administrator, I submit herewith an outline of conditions which you may desire to be included in the development contract between the City and the developer relative to the above captioned matter: General Conditions 1. Parties: City, developer, owner. 2. Legal description and acreage. 3. General description of project proposed for development. 4. Date of approval resolution. 5. City policy statement relative to public improvements. 6. Description of public improvements to be installed in project: a. Street grading, stabilizing, surfacing b. Curbs and gutters c . Sanitary sewers d. Water mains e . Storm sewers f. Street signs g. Boulevard sodding h. Driveway surfacing i. Underground utility lines j . Street lighting s-. Chanhassen City Council - 2 - May 16, 1974 7. Statement as to whether developer or City is to install improvements and method of payment therefor. 8. Reference to filing of proposed preliminary plat and detailed plans and specifications. 9. City standards of construction. 10. Materials and labor to be of good and workmanlike quality, and shall be subject to City inspection and approval. 11. Schedule of developments stating commencement and completion dates. 12. Statement of estimated cost of public improvements; method of financing to be employed, i. e. whether by special assessment or by payment by developer; performance bond requirements. a. Storm sewer estimated costs; division of cost between drainage area and proposed development area; method of payment for storm facilities outside proposed development area. 13. Payment of Metropolitan Sewer Board SAC charges and City water and sewer hookup charges upon application for building permits. 14. North Area Sanitary Sewer and Water lateral charges and method of payment. 15. Reimbursement of City costs for consultant services. 16. Erosion and sedimentation control within and outside plat, including seeding of graded areas. 17. Liability insurance. 18. Water and sewer revenue shall be the sole property of the City. 19. Conveyance of public improvements to City. 20. Public improvements to be maintained by developer for twelve (12) months following acceptance by City. 21. Streets to be kept free of dirt and debris resulting from construction activity by developer or its agent. Reasonable access to be provided to all occupied residences in area until streets are accepted by City, including temporary grading and gravelling. - 1 .4. Chanhassen City Council - 3 - May 16, 1974 22. Compliance with all pertinent City ordinances, state laws and regulations of state administrative agencies. 23. Remedies of City upon default. Special Conditions 1. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and developer prior to issuance of building permits. a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City staff and developer, the City shall have the right, at the expense of the developer, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. c. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree. maintenance and restrictions on tree removal after consul- tations with the City Forester. 2. Developer acknowledges the Soil &. Water Considerations Reports of February 5, 1974, and May 15, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying map, incorpo- rated herein by reference and made a part hereof, and agrees to provide for individual site drainage and soil erosion and sedimentation control consistent with said reports. 3. Developer acknowledges the reports of the Zoning Administrator, City Engineer, Planner and Attorney incorporated herein by reference and made a part hereof, and agrees to comply with such conditions of said reports as the City Council shall direct to be included in the development contract. We trust that the foregoing proposed conditions will be of help to you in reaching your determination of this matter. Very t u ur , RHL•m Russell H. Larson, Chanhassen City Attorney cc: .Schoell„and Madson4 Carl Dale, Lloyd Schnelle . A_ H_ Mirhalc _ 'Pr-kliinri fi. RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANG BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ May 16, 1974 Chanhassen City Council Box 147 Chanhassen, Minnesota 55317 Re: Development Contract Minnewashta Woods P-1 Planned Residential Development District Dear Councilmembers: TELEPHONE 335 - 6565 In accordance with the request of the Zoning Administrator, I submit herewith an outline of conditions which you may desire to be included in the development contract between the City and the developer relative to the above captioned matter: General Conditions 1. Parties: City, developer, owner. 2. Legal description and acreage. 3. General description of project proposed for development. 4. Date of approval resolution. 5. City policy statement relative to public improvements. 6. Description of public improvements to be installed in project: a. Street grading, stabilizing, surfacing b. Curbs and gutters c. Sanitary sewers d. Water mains e . Storm sewers f. Street signs g. Boulevard sodding h. Driveway surfacing i. Underground utility lines j . Street lighting Chanhassen City Council - 2 - May 16, 1974 7. Statement as to whether developer or City is to install improvements and method of payment therefor. 8. Reference to filing of proposed preliminary plat and detailed plans and specifications. 9. City standards of construction. 10. Materials and labor to be of good and workmanlike quality, and shall be subject to City inspection and approval. 11. Schedule of developments stating commencement and completion dates. 12. Statement of estimated cost of public improvements; method of financing to be employed, i. e. whether by special assessment or by payment by developer; performance bond requirements. a. Storm sewer estimated costs; division of cost between drainage area and proposed development area; method of payment for storm facilities outside proposed development area. 13. Payment of Metropolitan Sewer Board SAC charges and City water and sewer hookup charges upon application for building permits. 14. North Area Sanitary Sewer and Water lateral charges and method of payment. 15. Reimbursement of City costs for consultant services. 16. Erosion and sedimentation control within and outside plat, including seeding of graded areas. 17. Liability insurance. 18. Water and sewer revenue shall be the sole property of the City. 19. Conveyance of public improvements to City. 20. Public improvements to be maintained by developer for twelve (12) months following acceptance by City. 21. Streets to be kept free of dirt and debris resulting from construction activity by developer or its agent. Reasonable access to be provided to all occupied residences in area until streets are accepted by City, including temporary grading and gravelling. Chanhassen City Council - 3 - May 16, 1974 22. Compliance with all pertinent City ordinances, state laws and regulations of state administrative agencies. 23. Remedies of City upon default. S;ecial Conditions 1. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and developer prior to issuance of building permits. a. Landscaping and location of structures shall take into consideration the preservation of trees , slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City staff and developer, the City shall have the right, at the expense of the developer, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. c. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance and restrictions on tree removal after consul- tations with the City Forester. 2. Developer acknowledges the Soil & Water Considerations Reports of February 5, 1974, and May 15, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying map, incorpo- rated herein by reference and made a part hereof, and agrees to provide for individual site drainage and soil erosion and sedimentation control consistent with said reports. 3. Developer acknowledges the reports of the Zoning Administrator, City Engineer, Planner and Attorney incorporated herein by reference and made a part hereof, and agrees to comply with such conditions of said reports as the City Council shall direct to be included in the development contract. We trust that the foregoing proposed conditions will be of help to you in reaching your determination of this. matter. RHL;m Russell H. Larson, Chanhassen City Attorney I e_ -- A WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 7601 - 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 55343 May 16, 1974 City Council c/o Mr. Lloyd Schnelle, Administrator P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Supplement to Preliminary Plat Review, Gentlemen: Minnewashta Woods Subdivision Subsequent to our original report to the Planning Commission, dated April 191 1974, a meeting was held in the City offices with Messrs. Schnelle, Schlenk, Larson, Dale, Berg, Swedlund Sr. and Jr. to review the various sug- gestions made for the orderly development of the subject property. Additional information was requested particularly with regard to the division of cost for the drainage work to be done in and adjacent to the sub- division. We have also worked out estimates of cost for the roadway, sanitary sewer, water and drainage work, which are attached hereto. SANITARY SEWER AND WATER Costs to be paid for these facilities which abut the existing sewer and water s 4- ys em were described in detail in the April 19th report. New sewer and water to be built on the in- terior street are estimated to cost $30,243 and $17,584 respectively as item- ized on page 1 of the Addendum. This would amount to a unit cost of $2,016 for sewer and $1,172 for water for each of the lots not served by the existing system. For comparison, with road restoration costs deducted, comparable unit costs in the North Area were $1,944 and $867. The current estimates reflect the impact of recent material cost increases, particularly in cast iron pipe. STORM SEWER AND DRAINAGE The total estimated cost for installing the storm sewer system.recommended in our report of April 19th if $17,906. Aspreviouslyindicated, this system will provide some benefit to areas other than the subject subdivision by incorporating flow capacity in the downstream 30" pipe so that further extensions may be made northward when the area east of North Manor Road and Orchard Lane develops. Without this increased capacity, the pipe size necessary would be 24" diameter. This ccm truction would cost an estimated $1,980 less. However, we believe that such future capacity should be built in at this time because it will be much less expensive to do so for the additional area, and it will preclude the street being excavated in the future when the increased capacity is needed. This oversizing will eventually benefit 8.5 acres of private property, including the present sump north of Orchard Lane. This additional cost, if spread now on an area basis against the 8.5 acres would amount to $233 per acre, or about ZG per square foot. If the amount of $1,980 were available in some muni- cipal fund such as a PIR fund, actual assessment of this amount could be delayed until the remainder of the improvement was carried out. Tacking these avr_'_,',,'n City of Chanhassen Page 2 May 16, 1974 revolving funds, the oversizing cost should be assessed at this time. ROADWAY GRADING AND PAVING Road grading and paving work will be done by the developer. The roadway surface will be 28' wide, face to face of curb. The subdivision ordinance requires curb and gutter, which may be of concrete of bituminous. We recommend that concrete C&G be installed, but that its installation be delayed until the location of a majority of the residential driveways is determined. A seven -ton road structure requires a base of 6" of Modified C1as 5 gravel, a 3 " bituminous base and a 12" bituminous wearing course. With some delay in constructing the concrete curb and gutter, we recommend that initial- ly the gravel base and 3" bituminous base be.constructed, which will provide an adequate road structure for hauling in construction materials, and that the curb and gutter and the finall2" bituminous course be placed later. Estimated cost for the interior road structure and for concrete curb and gutter throughout the subdivision is $37,570. If bituminous curbing is substituted, the total cost is estimated at $26,312. These costs are based on soil information derived from sanitary sewer construction in the area, and no detailed borings have been made. GENERAL Special note has been taken of Don Bergs supplementary report dated May 15th, wherein he notes areas of steep slope where special precautions need be taken to prevent erosion. We agree with the areas noted, but feel that a general agreement between the City and the developer regarding precaution to be taken on erosion control, and incorporated in the subdivision agreement, may adequately protect the.City's interest, rather than require the submission of individual grading and landscaping plans for the lots enumerated. In regard to tree removal, we believe some middle ground must be ar- rived at, between leaving all trees and denuding, since there are some owners who may prefer lawn to trees. A starting point might be a requirement that not more than 50% of the trees on the lot may be removed., exclusive of those within the limits of the actual residence area. With the above conditions, we recommend your approval of this prelim- inary plat. Very truly/yours, CITY ENGINEER WDSchoell:sd cc: Ecklund & Swedlund Construction Co. APPENDIX PROPOSED MINNEWASHTA WOODS SUBDIVISION CHANHASSEN, MINNESOTA New Sanitary Sewer: 0' - 8' Depth 8' - 10' Depth 10' - 12' Depth 12' - 14' Depth 14' - 16' De.pth Connect to' Existing Manhole Manholes to 10' Depth Manholes, Extra Depth Drop Manhole Riser Trench Rock Stabilizer Clearing and Grubbing 6" VCP Sewer Service Line 6" Type B C.I.P. Service Riser Type "A" Wye Service Connection Type "B" Wye Service Connection Combined 6" VCP Sewer Service and 1" Copper Water Service in Same Trench MAY 16, 1974 10 L.F. @ $ 8.00/L.F. $ 80 400 L.F. @ $ 10.00/L.F. 4,000 455 L.F. @. $ 12.00/L.F. 5,460 108 L.F. @ $ 14.00/L.F. 1,512 18 L.F. @ $ 16.00/L.P. 288 1 Ea. @ $400.00/Ea. 400 7 Ea. @ $400.00/Ea. 2•,800 7 L.F. @ $ 40.00/L.F. 280 17 L.F. @ $ 40.00/L.F. 680 1.;000 Tons @ $ 4.00/Ton 4,000 20 Trees @ $ 50.00/Tree 1,000 75 L.F. @ $ 6.00/L.F. 450 3 L.F. @ $ 6.00/L.F. 14 Ea. @ $ 35.00/Ea. 1 Ea. @ $ 50.00/Ea. 490 50 300 L.F. @ $:,8.00/L.F. 2,400 Total Construction Cost *23,908 Engineering, Legal, Administrative and Contingencies, 06.50) 6,335 Total Cost ' $30,243 New Watermain: 6" C.Z.P. Hydrants 6" Valves 1" Copper Service Line 1" Service Groups Fittings Connect to Existing Watermain 1,300 L.F. @ $ 7.50/L.F. $ 9,750 2 Ea. @ $400.00/Ea. 800 5 Ea. @ $160.00/Ea. 800 75 L.F. @ $ 6.00/L.F. 450 15 Ea. @ $ 40.00/Ea. 600 1,500 Lbs. @ $ 0..50/Lb. 750 3 Ea. @ $250.00/Ea. Total Construction Cost Engineering, Legal, Administrative and Contingencies, ( 2 6 . 5 0 ) Total Cost 750 $13,900 3,684 $17,584 - 1 - New Roads: Alternate 1 - Concrete Curb 5 Gutter Excavation for On -Site Disposal 6,000 C.Y. @ Modified Class 5 Gravel 1,600 Tons @ 3" Bituminous Base 300 Tons @ 1-1/2" Bituminous Wearing Course 1.,500 S.Y. @ Concrete Curb and Gutter 4,250 L.F. @ $ 0.75/C.Y. $ 4,500 $ 4.50/Ton 7,200 $ 10.00/Ton 3,000 Total Construction Cost Engineering, Legal, Administrative and Contingencies, (26.50) Total Cost Alternate 2 - Asphalt Curb 1.50/S.Y. 2,250 3.00/L.F. 12,750 $29,700 7,870 $37,570 Excavation for On -Site Disposal 6,000 C.Y. @ $ 0.75/C.Y.. $_4,500 Modified Class 5 Gravel 1,600 Tons @ $ 4.50/Ton 7,200 3" Bituminous Base 330 Tons @ $ 10.00/Ton 35300 1-1/2" Bituminous Wearing Course 1,600 S.Y. @ $ 1.50/S.Y. 2,400 Asphalt Curb 4,250 L.F. @ $ 0.80/L.F. 3,400 Total Construction Cost *20,800 Engineering, Legal, Administrative and Contingencies, (26.50) 5,512 Total Cost *26,312 Storm Sewer: 18" RCP 280 L.F. @ $ 13.00/L.F. $ 3,640 30" RCP 380 L.F. @ $ 20.00/L.F. 7,600 Catch $asins 5 Ea. @ $400.00/Ea. 2,000 Install 18" CMP Catch Basin Leads 55 L.F. @ $ 5.00/L.F. 275, Total -Construction Cost *18,515 Engineering, Legal., Administrative and Contingencies, (26.50) 3,581 Total Cost $17,096 Total Estimated Project Cost $91,235* *With Use of Alternate 2 Total Estimated project Cost, with Alt. 1 $102,493 2 - VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 May 22, 1974 Minnewashta Woods Len Swedlund Hwy. 7 and County Road 5 Minnetonka, MN 55343 Lloyd G. Schnelle 1-25-74 1 hour Meeting Lloyd G. Schnelle 1 hour Field Trip Lloyd G. Schnelle 3-26-.74 3 hours Preparing Report Lloyd G. Schnelle 5-7-74 1 hour Meeting with Professional Staff Lloyd G. Schnelle e hours Administrative time hours Jerry Schlenk. 1-25-74 1 hour Meeting Jerry Schlenk 3-1-74 1 hour Meeting Jerry Schlenk 1 hour Field Trip Jerry Schlenk 5-7-74 1 hour '-Meeting Jerry Schlenk 5-15-74 l hour Trip to Waconia for documents 5 hours Clerical Service: Karen Schneider 3 hours Holly Huseth 8 hours 11 hours Administrative: Xerox Copies 38.50 Publication Folders .75 Postage 22.50 Mileage, 43 miles 5.16 ( 12� a mile) 66.91 Recap: Lloyd G. Schnelle Jerry Schlenk Karen Schneider Holly Huseth Miscellaneous.Costs 7.64/ hour Vr hours = :72.5$- 6.67/ hour 5 hours = 33.35 4.34/ hour 3 hours = 13.02 2.00/ hour 8 hours = 16.00 , 66.91 TOTAL "±-.--8 6- uHANF.ASSEN CITY CC ANC 1,AJ k04.4, UAF, -May 20, 1974 -2- STORM SEWER DRAINAGE; CASE OF ROBERT SIEREN: (Continued): efficiency of the system, and it will be the obligation of the property owner to keep _ the channel open so the water may move freely through the area. The fol- lowing voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Kurvers and Neveaux. Councilman Hobbs abstained from voting. No negative votes. Motion carried. SUNRISE'HILLS ASSOCIATION: The following persons were present in regards to the Assessment of the Association's Beach Lot: Jim Vohs, R.K. Paxton, John Cousins, Jim Morrison, Julie Kunerth, Helen Morrison, Mary Schuminski, Pam Vohs, Darlene Huseth, Susan Johnson, Lori Paxton, Gary Boyle, Brice Savik, Kristie Kotsonas, Betty Kelly, Dick Pearson, Dan Herbst, John Peters, Marilyn Alden, Dennis Olden, Jack Spalding, Robert Scholer, Howard Meuwissen. Mr. Schnelle, City Administrator, presented the Council with the financial status of this bond. The City Attorney reported the project is well Funded and will come out ahead. Discussion followed. Councilmen Hobbs felt a policy should be'.set up in regards to recreational lots. A motion was made by Councilman Hobbs and seconded .by Councilman Neveaux consistant with the policy established in reference-to_:the Minnewashta Park lots, it is moved that all special assessments, far sewer and water serving privately owned recreational beach lots, all payments of all assessments be deferred and that any monies heretofore paid by any owner thereof be refunded. The following voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux.,No negative votes. Motion carried. GENE COULTER- CHANHASSEN NEWSPAPER: Mr. Gene Coulter gave a presentation explaining about an 8 page weekly Chanhassen paper which the b sin.essmen are going to have published by the Chaska Herald. Mr. Coulter a°sked whether the City could afford to have the minutes printed fqr this paper. Discussion followed. Mayor Klingelhutz entered the meeting at 9:15 p.m. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to authorize the printing of the official City Council minutes for two months starting June 2, 1974 for this newspaper. The�followingvoted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. DEFERRMENT FROM HOOKING UP TO SEWER, MR. SPARKS: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to'.deny Mr. Sparks request of not hooking up to sewer as per the engineers recommendations. The following voted in favor thereof Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carded. MINNEWASHTA WOODS PUD-1 FOR PRELIMINARY PLAN APPROVAL: The following persons were present in regards.to Minnewashta Woods PUD: Mr. Len Swedlund, Lyle Brecht, Bob Bauer, Warren Clague, John Schumacher and Mary Schumacher. Mr. Swedlund gave a brief report on his proposed project. dxelf4� I'll 16, �> ���C ^ May 20, 1974 Page 31 The City Attorney recommends that side yard utility easements of 6 ft., in width be placed'on each side property "line and rear easements - of 12 -feet be placed on each,lot prior to the filing of the final plat. This is subject to the Engineers recommendation and comments. Mr. Clague stated the people -in Minnewashta Manor's reception to the development was good except for the storm sewer. The residents felt the developer should pay for the oversizing of the line from 24" to 30" for future development and not the abutting.property owners. They feel the developer is the only benefitted party.' The City Engineer stated a 24" storm sewer is adequate for Mr. Swedlund's development. Mr. Swedlund does not feel he should have to pay for'oversizing of a pipe when other persons would be benefitting. Mr. Pope has stated he will not develop the S acres abutting to Mr. Swedlund's development as long as he owns the property. Mayor Klingelhutz stated that all other storm sewers put in by the City are always paid for by all benefitting property owners. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the proposed preliminary plan and application for rezoning subject to those specified modifications and conditions as are set forth in the various reports of the City staff and consultants. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to direct the City Attorney to prepare a development contract incorporating the materials specified this evening plus a 24" storm sewer and that a concrete curb and gutter be installed within the contract. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CONDITIONAL USE PERMIT FOR BAILEY AND ASSOCIATES: Mr. explained about the Conditional Use Permit needed for acres south of Ches Mar Farms. The land will be used stock for an interim of the land. Jerry Bailey their land, 40.5 to raise nursery A motion was made by Ccuncilman Hobbs and seconded by Councilman Kurvers that in considering the application of Bailey and Associates for the Conditional Use Permit that A.- The Council find that the standards of Section 23.06 as amended of the zoning ordinance have been met and B. The conditional use permit be granted subject to the .terms and conditions as set forth in the City staff reports and reports of the City consultants. The following voted in favor -thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. LAKE LUCX ROAD: Frank Laska, CityEngineer, the corridor for Lake Lucy Road. This projectawould �costbabout $150,000.00 of which can be paid for from the State Aid Road Fund. Great American Insurance COMPANIES Cerftlicale o Smurance ❑ Great American Insurance Company ❑ American National Fire Insurance Company (Herein called the Company) In the event of cancelation of the policies designated below, it is the intent of the Company to mail _days prior notice thereof to: — City of Chanhassen, Minnesota NOTE: This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the coverage afforded by the polity or policies numbered in this certi- ficate. The Company certifies that the following insurance policies have been issued to: NAME OF INSURED c Uri & We Uri OriS ruc Ion , P. O. Box ADDRESS OF INSURED Ecklund & Swedlund Development Corporation Excelsior, Minnesota 55331 TYPE OF INSURANCE POLICY NUMBER I POLICY PERIOD LIMITS OF LIABILITY WORKMEN'S COMPENSATION and EMPLOYERS' LIABILITY COMPREHENSIVE GENERAL LIABILITY MANUFACTURERS' AND CONTRACTORS' LIABILITY OWNERS' AND CONTRACTOR PROTECTIVE LIABILITY OWNERS' LANDLORDS AND TENANTS' LIABILITY COMPLETED OPERATIONS AND PRODUCTS LIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY TOWNED AUTOS D AUTOS LAUTOS R NON -OWNED _7 COMMERCIAL UMBRELLA LIABILITY 7-22-42-46 17-1-74/75 7-22-42-46 17-1-74/75 BODILY INJURY STATUTORY $ EACH !�EAC ^ PERSON $ 3 O 0 n OCCURRENC$ 10 0 , 0 o 0 AGGREGATE $ EACH PERSON $ EACH OCCURRENC $ PEACH RSON $ EACH OCCURRENC $ PEACH RSON $ $ $ $ AGGREGATE EACH PERSON EACH OCCURRENC EACH PERSON ©11 me NIB �11 M© no $ $ $ E 1$ PROPERTY DAMAGE NO COVERAGE NO COVERAGE EACH o n n _ OCCURRENCE 0 0 0 - AGGREGATE EACH OCCURRENCE AGGREGATE EACH OCCURRENCE AGGREGATE EACH OCCURRENCE EACH OCCURRENCE AGGREGATE inn- inn- OCCURRENCE $ CH OCCURRENCE $ EACH $ EACH OCCURRENC PO ERSN $ EACH OCCURRENCE $ EACH____ $ EACH PERSON EACH OCCURRENCE $ EACH OCCURRENCE $ each occurrence, aggregate where applicable, in excess of Primary insurance recorded. DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED This Certificate is not valid unless countersigned by an authorized representative of the Company. �'7� August 5, 1974 DATE AUTH RIZED REPRESENTA E / F .20082A - 8-71 ORIGINAL Doll ff Insurance R.USSELL H. LAIR sow ATTORNEY AT LAw 1900 FIRST NATIONAL BAND BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARsON CRAIG M. MERTZ July 18, 1974 anhassen City Council 147 anhassen, MN 55317 Re: Ecklund & Swedlund Minnewashta Woods Development Contract Gentlemen, Reference is made to the Minnewashta Woods development contract forwarded to you under date of July 8, 1974. Please substitute the enclosed page 4 of the agreement for the page 4 sent to you earlier. 'ELEPHONE 335-9565 This substitution is made to enlarge the terms of paragraph 9 under which the 110% performance bond is given, and to provide in para- graph 10 that a performance bond can be furnished to insure installa- tion of boulevard sod and driveways. (( ery truly yours, Russell H. Larson RHL:m Chanhassen City Attorney Enclosure cc: All Councilmen Dan Herbst Schoell & Madson, Inc. Ecklund & Swedlund Development Corporation A. H. Michals Carl Dale Don Berg MAYOR COUNCILMEN COUNC'iLIMEN COUNCILMEN COUIN0! ,iEN CLK-AbM. Z:ONiNG t: BLDG. 1NSP. PUB. WK. D!R. UTILITY SUPT. ~� R.USSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H.LARSON CRAIG M. MERTZ Chanhassen City Council Box 147 Chanhassen, MN 55317 Gentlemen, July 8, 1974 TELEPHONE 335-�J565 �4 ✓�L, L€ / CCC...iii Re: Minnewashta Woods Attached for your review are the original and one copy of the proposed development contract between the City and Ecklund & Swedlund Development Corporation governing the P-1 Planned Residential Develop- ment Plan of Minnewashta Woods. Very tr ly yours, Russell H. Larson RHL: m Chanhassen City Attorney Enclosure cc: All Councilmen Dan Herbst Schoell & Madson, Inc. Ecklund & Swedlund Development Corporation A. H. Michals Carl Dale Don Berg MAYOR COUNCILMEN COUNCILMEN COUNCILMEN _ CG UNCrLMEN _ TR-EP,SL ASS-11-1. ZIGN:NS $i BLDG:. IIISP. PUB_. W!f_. MR. 1d'T,!:L1T'4 VITT_ CITY OF CHANHASSEN PLANNED UNIT DEVELOPMENT CONTRACT MINNEWASHTA WOODS THE AGREEMENT, Made and entered into this day of L1cc,al by and between the CITY OF CHANHASSEN, a Minnesota municipal co poration, herein- after referred to as the City, and ECKLUND & SWEDLUND DEVELOPMENT CORPORATION, a Minnesota.corporation, hereinafter referred to as the Developer, WITNESSETH: WHEREAS, the Developer is the fee owner of certain lands described as Lots 28 and 29, Minnewashta Park, Carver County, Minnesota, and situated in the: City, of Chanhassen, and WHEREAS, the Developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-1 Planned Residential Development Plan, including a preliminary plat thereof of said lands, said plat to contain 10.92acres, more or less", divided into 27 lots, and to be known as Minnewashta. Woods, a copy of said proposed plat and plan, dated January 9, 1974, being attached hereto as Exhibit "A" hereinafter referred to as "plat" , and WHEREAS, the City Council has, by its resolution passed May 20, 1974, approvec said plan, preliminary plat, and application for rezoning, subject to and on condition that the Developer enter into this agreement, and WHEREAS, the City has established a policy requiring land developers to furnish. surfaced streets, curbs, gutters, boulevard sodding, driveways, storm and surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and underground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improve- ments ; and WHEREAS, the Developer has made application to the City to be allowed at Developer's expense to construct, install and perform all work and furnish all materials in connection with the installation of the following improvements: a. Street grading, stabilizing, and bituminous surfacing b. Concrete curbs and gutters C. Sanitary sewer mains d . Water mains e. Storm and surface water drainage f. Street signs g Boulevard sodding h. Driveway surfacing i. Underground utility lines j . Street lighting °NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan and plat of Minnewashta Woods, the City and the Developer agree as follows: t ; 1 Improvements by Developer. Developer agrees at its expense to construct; - install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing: b. Concrete curbs and gutters C. Sanitary sewer mains d. Water mains e. Storm and surface water drainage f. Street signs g. Boulevard sodding h. Driveway surfacing i. Underground utility lines j . Street lighting 2. Standards of Construction. . Developer agrees that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. 4. Schedule of Work. e Developer further agrees that it shall commence work hereunder on or before C; _, 19 and shall have all work done and impro ements fully comYiated to the satisfaction and approval of the City on or before �., �Cc2_ 19 The Developer shall submit a written schedule indig ing the proposed progress schedule and order of completion. of work covered by this contract, which schedule shall be a part of this contract.. Upon receipt of written notice from the Developer of the existence of causes over which the` Developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion.. - 2 - r_ c S. Roads, Sanitary Sewer, Water, and Storm Sewer Facilities._ a. The Developer agrees to cause its engineers,to prepare all plans and specifications necessary for the installation of roads,` sanitary sewer,. water and storm sewer facilities in said plat, said plans and specifications to be in substantial accord with proposed plans thereof prepared by Egan, Field & Nowak, and filed with the City on March 29, 1974. All plans and. specifications shall be subject to the final approval of the City engineers. b. Upon completion of construction,. Developer shall cause its engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. c. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereof by the Developer. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or sub- contractors, materialmen, laborers or to any other person, firm or corporation whomso- ever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 8. Written Change Orders. The Developer shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is received. from the City. Any such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and Developer hereby agrees that without such written order Developer will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improve- ments to be by the Developer constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of tnis agreement, and that the Developer shall pay all claims for work done and . 3 - materiels and supplies furnished for the performance of this agreement, Developer agrees to furnish to the City a cash deposit in the amount of $110,600.00 or, in lieu. thereof, a corporate surety bond in said amount approved. by the City and naming the. City as obligee thereunder; said cash deposit or bond, as the dase may be, to be conditioned upon the performance by the Developer of its obligations hereunder, said - sum being equal to 110% of the total cost of such improvements as estimated by Schoell Madson, Inc. , the City Engineers, and as set forth in the report of said engineers to the City Council dated May 16, 1974, which report is incorporated herein by reference and made a part of this agreement. Said cash deposit or bond may be reduced from time to time by the City Council in the exercise. of its discretion. 10. Boulevards and Driveways. The Developer agrees to furnish, construct. and install, at Developer's sole expense, the following improvements for the benefit of each lot within the plat. a. Boulevard sod, which shall be of uniformly good quality; b. Driveway surfacing, the materials and installation of which shall be approved by the City engineers. .For the purpose of assuring to the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of this agreement, Developer agrees to furnish to the City a corporate surety bond, approved by the City, in the amount of $--�QO' f° per lot, naming the City as obligee thereunder, and conditioned upon performance by the Developer of the obligations required by this paragraph. With the consent of the City and in lieu of said bond, the Developer may deposit the sum of $p°� per lot with the City at the time application is made for a building permit for each lot. Said bond shall be terminated, or cash deposit returned to the Developer, upon approval of the installations by the City. 11. Erosion Control. Developer, at its expense, shall provide temporary dams, earthwork or such other devices, including seeding of graded areas, as shall be needed, in the judgment of the City engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the development durinc all phases of construction, including construction on individual lots. Developer shall keep all streets within the development free of all dirt and debris resulting from construction therein by the Developer or its agents. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City - a V months after the completion of installation of the street lighting system, or after ?S% of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City shall be replaced by Developer at Developer's sole expense. - 4 - 15. Liability Insurance. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or byione directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $ 006 l for one person and Ia - for each accident,'. limits for property damage shall be not less than $1,ff%Q for each accident. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. 16: Water and Sewer Revenues.. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements.. Upon completion of the installation by Developer of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liensand encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits._ The Developer covenants and agrees that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the Developer has completed the installa- tion of the improvements set forth in Paragraph 1 hereof to the City specifications, and that issuance of any building permit or permits to the Developer prior to the acceptance of said improvements shall not constitute a waiver by the City of its rights hereunder to require completion of said improvements before issuance of additional building permits Breach of any terms of the within agreement by the Developer shall be grounds for denial of building permits within the plat. 19. Construction by City. The Developer agrees that the City,. at the option of the City, can install and construct any work or improvements required herein to be made by the. Developer. In the event the City, makes any such. improvements under its power to make local improvements and specially assess the cost thereof, wholly or in part, under Minnesota Statutes Chapter 429, the Developer agrees to pay the entire amount of the assessment roll pertaining to any such local improve ment,within 30 days after its adoption. 20. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developer prior to issuance of building permits, subject to the following standards and conditions: M Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltationf and similar potential problems - 5 - (ii) In the event agreement cannot be reached between. the City staff and Developer, the City shall have the right, at the expense of the Developer, to engage the services of the City Engineer, Planner, a landscape architect,. a soil -conservation consultant., and others, to advise as to specific problems. (iii) The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal after consultations with. the City Forester... b. Developer acknowledges receipt of the Soil & Water Considerations Reports of February 5, 1974, and May 15, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying map, incorporated herein by reference and made a part hereof, and agrees to provide for individual site, drainage and soil erosion and sedimentation control consistent with said reports. C. Developer acknowledges receipt of the reports of the Zoning Adminis- trator, City Engineer, Planner and Attorney, which are incorporated herein by reference and made a part hereof, and agrees to comply with the conditions of said reports consistent with the provisions of the within contract. d. Developer acknowledges receipt of the report of Schoell & Madson, Inc. , City Engineers, dated April 19, 1974, relating to existing sanitary sewer and water laterals and service available to serve the plat, and agrees to be bound by the determination of the City regarding any redistribution of existing assessments, the imposition of future assessments for proposed lots abutting the laterals, and payment therefor. e. Side and rear lot utility easements on all lots shall be shown on the final plat. f. A perpetual storm sewer easement extending across a portion of the plat from Sandpiper Lane to Minnewashta Woods Drive shall be granted to the City. The width of said easement shall be determined by the City Engineer.. g. The centerline radius of Minnewashta Woods Drive at the curve adjacent to proposed Lot 7, Block 1 shall be increased from 45 feet to 100 feet. h. Elevations of structures to be erected on proposed Lots 6, 7, 19 and 20, Block 2 shall be sufficiently high to insure service by sanitary sewer laterals. 21. Remedies Upon Default. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within G days after receipt by the Developer of written notice thereof, the City, if it so elects ,/may cause any of the required improvements to be constructed and installed. and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be - 6 - l as,sessed as a special assessment against the benefited property in the manner provid- ed by law, and in addition thereto, the City may take legal action against. the Developer and the surety on its performance bond to collect all of the costs of the making of any of said improvements. In the event of an emergency, as determined by the City Engineers the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 22. Address of Developer. The address of the Developer for purposes of this development contract is: Post Office Box 38, Excelsior, Minnesota 55331. 23. Successors and Assigns. It is agreed by and. between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives , successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. pres nce f: 4--__ //aX4"�4j - 7 - CITY OF CHANHASSEN ECKLUND & SWEDLUND DEVELOPMENT CORPORATION, Developer ^ gy _�• i , � ,, / Its And_ Its S^TATE"OF MINNESOTA ) ss. COUNTY OF CARVER ) E On this _6 ' day of is before me a notary public within and for said County, perso ally appeared and _ _ to me personally known,, who, being each by me duly sworn they did say that they are respectively the and of the corporation named in the foregoing instrument, and: that the seal affixed to said instrument is the corporate seal of said corporation, and. that said instrument was signed ands aled in behalf of said corporation by authority of its Board of Directors and said 6_ A A1k,40 �f%1�,Q and acknowledged said instrument to be the free act and deed of said corporation. t FQAY''KLiNGELj FLJ'FZ � .. ;•;OTARY PU80C-MINNESOTA J / ry;=Public CARVER COUNTY Nota gy Commission Expires .1-1 'An 1981 �� � � County, Minne sbta My commission expires 1-7--',l%---kl HOELL & MADSON;, Rix9. j �• tiAYr�CT ENGINEERS & SURVEyORS 1 tIJIY L.1 ,,p N,'r-: H %VE:'J:IK SOUTH 0,.! c E- This Agreement, made and signed this 9th , aY of 1 1974 Au'g97 gust ,14', by and between Ecklund & Swedlund Development Co. hereinafter called the "Owner", and Par-Z Contracting, Inc. her&- inafter called the "Contractor". This Agreement Witnesseth, that the Owner and the Contractor, for the consideration stated, agree as follows: Article I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications indicated below •i .under Article IV, as provided by the Owner, for: The Construction of Sanitary Sewer, Watermain & Storm Sewer 'in Minnewashta Woods , located in Minnesota to do every thing required by this Agreement tt the contract documents. Article II. The Contractor agrees that the work, eontenplated shall be fully and satisfactorily ompleted 30 days after notice to proceed. Article III. The Owner agrees to pay and the Contractor agrees to receive". and accept payment in -accordance with the prices bid for the unit or lump sum , items set forth in the copy of the proposal:hexeto attached, which prices shall '. conform to those in the accepted Contractors Proposal on file inof,'.- Westwood' -'r'', _•� Planning Po the office .• �-,;� • nnin & Engineering ".' estimated g the aggregate of which prices, based on quantities is 50 , 404.25 Payments shall be made in a voordance with Section 26 of the General Conditions. is ' Article IV. The Contract Documents shall consist of the following oait- ?f' ponent parts: , 1. The Proposal 2. General Conditions 3. Special Conditions 4. Technical Provisions ;. 5. Plans and drawings which are attached to the specifications or which r 1 are identified as Sheets 1 to for: `. Sanitary Sewer Watermain Storm Sewer . This Agreement This Agreement, together with the documents hereinabove mentioned, form the Contract, and all the documents are as fully a part of the Contract as if attached hereto or: herein repeated. :I ' r t Page 1 of 2 .j .�. ♦i )L '. . i 1 :...i.�i'. '�i 'ti. �t'.. .,ale, „l. ir1� gii�1.i. ,,.'.t,.. r .:. il�. ... .. .. ,. (Contract ; bon't. ) In Witness whereof, the parties to this Agreement have hereto set their hands and seals as of the day and year first above written. act PItOPOSAT. SANITARY SEWER, STORM SEWER, WATERMAIN & STREET SURFACING AT MINNEWASHTA WOODS ECKLUND & SWEDLUND DEVELOPMENT COMPANY Proposal of Address Bids are due at the office of Westwood Planning and Engineering Company until A.M. Gentlemen: We propose to enter into a contract with the owner and to furnish and deliver all material and equipment and perform all work, except as noted in the specifications, for „;-r• the construction of improvements for.Sanitary Sewer, Storm Sewer, Watermain, and street surfacing, all according to the plans and specifications prepared by Westwood Planning r & Engineering Company. ITEM SANITARY SEWER UNIT QUANTITY UNIT PRICE AMOUNT 1. 8" San. S. 0' - 8' L.F. 24 2. 8" San. S. 8'-10' L.F. 407 3. 8" San. S. 10' - 12' L.F. 472 X• l�� j �% /;, /)%' 4. 8" San. S. 12' - 14' L.F. 84 5. 6" Services L.F. 664 6. S (Alldlli-d Mni11101. 0 0' - 8' Inch 7 7. Extra Manhole Depth over 8' V.F. 20.8 / r8. Break into 'existing. Manhole Each 2 AM, + SUB-TOTAL.........r:....:...�...-.�.:.......-�__..�._ WATERMAIN UNIT QUANTITY UNIT PRICE AMOUNT 1. 6" Watermain L.F. 1203 /•v '� ;�,� , ,�� 2. 6" Gate Valve Each 3 3. Hydrant w/Aux. Valve Each 2 ,)/j d 4. 1" Corporation Stop Each 19 L! 5. 1" Cu. L.F. 608 6. 1" Curb Box Each 19 Q., n(� �� , /1 , Q Zj 7. Fittings Lbs. 1185 J,: SUB -TOTAL...—...--=-------.-.........--------- STORM SEWER 1. 18" R.C.P. Class III L.F. 273 2. 30" R.C.P. Class III L.F. 384 3. Remove 18" CMP L.F. 149 4. Flared End Section w/Rip Rap Ea. 1 5. Install 18" CMP L.F. 33 1/ L)D 6. Standard Catch Basin Ea. 4 ' SUB-TOlAL:'r.'r rr rwrrrrrrrrrrrLrrrrirrrrrrrrrr:r fr..rr //..!,�� `� 0 STREET SURFACING UNIT QUANTITY UNIT PRICE AMOUNT 1. 12" Bit. Wearing Course 2341 S.Y. 4500 _ l 2. 4�" Bit. Base 2331 Curb S.Y. 4500 �.:� ��'%.��, 0/> 3. Bit. Tack Gal 220 (9 4. Motor Grader Hr. 10 5. Pneu. Tired Roller Hr. 10 6. 3-Cu. Yd Loader Front End Hr. 10 7. Labor Hr. 10 "5 .. p SUB -TOTAL J,DD • GRAND TOTAL': -:Sanitary Sewer, Storm Sewer, ;•' Watermain and: Street 'Surfacing..,..,.., ` • t • i� � f .V 'S � rx i 1. V r •. f ' ,r i .y V • • ii V it V,V ' �f t � r �• • ' •j• rir j,'1 •f.• • , '•A; .S�r l WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA Westwood Planning & Engineering Company 7415 Wayzata Boulevard Minneapolis, NN 55426 '0- -� lu SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS MAYOR 3) 938-7801 • 50 NINTH AVENUE SOUTHOUNaapla 3 COUNCILMIEN GQUNCiLMCN ^n�- August 7, 1974 c:• oUNC!L;hEN 2.;1, L_ NiNG .:_tl.' 1P:SP. FUJ. 1:.: D.R. — UTIL!TY SU:'t'1 Subject: Review of Plans and Specifications for Sanitary Sewer, Watermain, Storm Sewer and Streets as Prepared by Westwood Planning & Engineering Company Gentlemen: We have reviewed the plans and specifications on the subject project and have the following comments: 1. The centerline radius o.E l,linnewashta Woods Drive at the curve adjacent to Lot 7, Block 1, should be increased from 45-feet to 100 feet as required by ordinance. 2. Need second catch basin on Sandpiper Lane, (formerly Shady Avenue) . 3. A permanent easement will be required on Lot 1, Block 2, for sanitary sewer maintenance.. 4. An outside drop will be required at existing Forest Avenue manhole. Detail should be included in the specifications. 5. Section IV of Special'Conditions provide for inspection by Westwood Planning & Engineering Company. Schoell & Madson, Inc., will do the.inspection. if you have any questions, please advise. Very truly yours, SCHOELL & MAD.SONN,, (INC. WJBrezinsky:be cc: City of Chanhassen CITY -OF CHANHASSEN RESOLUTION A motion was made by Councilman John Neveaux to adopt the following resolution: A RESOLUTION MINNEWASHTA WOODS PLAI. BE IT RESOLVED, By the Cit Minnesota, as follows: City of Chanhassen, 1. The City Council of Chanhassen hereby approves of the attached Plat known as Minnewashta Woods. 2. The City Clerk -Administrator is hereby authorized and directed to have the above named plat registered with the Carver County Register of Deeds Office. s The motion was seconded by Councilman Walter Hobbs. Voting yes were Al H. Klingelhutz, J.D. Bennyhoff, Franklin Kurvers, Walter Hobbs and:John Neveaux. Voting no: None. Motion carried. Passed and adopted by the City Council this 19th day of August, 1974. ATTEST' VL C -Administrator Mayor STATE OF MINNESOTA I ss COUNTY OF CARVER CERTIFICATION I, LLOYD G. SCHNELLE, duly appointed, qualified and acting City Clerk -Administrator for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings,of the City Council of the City of Chanhassen, Minnesota, at their session held on the 19th day of August, 1974, and now on file in my office, and have found the same to be a true and correct copy thereof. ti Witness my hand and off-ictaiseaT a 0 s e Mi ota, this 19th day of August, 197-i . Cit e c-Administrator WILLIAM D. SCHOELL CARLISLE MAOSON JACK T. VOSLER JAMES R_ ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. EIREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON,iNc. ENGINEERS ANO SURVEYORS 8-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 August: 21, .1975 Westwood planning & Engineering 7415 Wayzata Boulevard Minneapolis, rlj:nnesota. 55.426 Sub.► j ect : Chanhassen -- Minnewashta Woods .$ewer and Water Project. Our 'File No.' 8462, Gentlemen: Our inspection of the subject project indicates the following work ;rex4a$,n3rig: 1. Replacement of. curb and_ gutter where removed on Minnewashta Woods -Drive and Forest. Circle. I 2. installation of curb and gutter adjacent to all subdivision parcels on Orchard Lane and Sandpiper, as noted in our November, 11, 1974 letter. 3. Placement of bituminous wearing course. Please advise us of the proposed schedule for work at your earliest convenience. WJBrezinsky:cw cc: Mr. Barry Brooks Mr. Henry Wrase Mr. Fred Britzius Very truly yours, SCHOELL & MADSON, I1 C. 21 ��ac AUC 1975Cn op �rvl WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 MAYOR COUNCILMEN COUNCU,,'EN August 20, 1974 COUNc:LA.1EN COUra„1Lill! EA CLK-ALA%,i. _._. TR_f1S. _ i SST- Z)N NG - w G. INSP. City of Chanhassen c:..0 �h,, N _� - c/o Mr. Lloyd Schnelle, uTL,�� sir,.—.W..._..� Administrator - P.O. Box 147 Chanhassen, MN 55317 Subject: Minnewashta Woods Sanitary Sewer, Water and Storm Sewer Project Our File No. 8462 Gentlemen: We have reviewed and hereby approve the enclosed plans (as revised August 14, 1974) and specifications as prepared by Westwood Planning and Engineering Company for the subject project. The revisions to the plans were made on our recom- mendations. Also enclosed for your records is a copy of the contract agreement between Ecklund & Swedlund Development Company and the Contractor Par-Z Contracting, Inc. The low bid was $72,799.25 compared to our May 16 construction estimate of $72,123.00, on which the $110,600 surety bond required in the development contract was based. Although we have had no experience with Par-Z, they have successfully completed several similar projects, both private and municipal. We recommend the City approve award of the contract to Par-Z Contracting, Inc. Very truly yours, SCHOELL & MADSON, INC. .WJBrezinsky:be enclosures cc: Ecklund & Swedlund Development Company Westwood Planning and Engineering Company �'y` 11IMMSOTA DEPARTME JT OF HEALTH Division of Environmental Health REPORT ON PLANS Plans and Specifications on Water Location MI1.11v4sm Date Examined August 26, 1974 Prepared and submitted by Wielkood an: L E211-ir.)E3r nt suite 2023t,7 1 to Mmleyard, .14i - MIia* aso ' Date Received Au.' --et 21, 1974 _ Plan File No. Ownership - 11 ni.cipal Scope - This report covers the dOsign of this project insofar as the safety and sanitary quality of, the water fo$ public consumption may be affected, and applies to this project only and not to the entire system or any other part thereof. 1 This project consists of insts4ling water main to sem Mrm: r.. j',,ta Woods, Chanbassent Mimenota. Water mains erossing house stwo rs, stoma suers„ or sanit u7 steers shall be laid to provide a separation of at least 18 inches between the bottom of the water main and the -top of the sewer. When local , conditioxis prevent a vertical separation; as described, the folloving construetion shall be used: 1. Sawere passim over or under water maw shall be cwnstruoted of materials equal to water main standards of construction. Compliance - NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN ACCORDANCE WITH THE (OVIR) APPROVED PLANS. If it is desired to make deviations from the approved plans, the State Department of Health should be consulted and approval of the changes obtained before construction is started; otherwise, such construction is installed without proper approval, and in addition may create dangers to public health. Conclusion The plans and specifications on this waterworks project are in general accordance with the requirements of the P-innegota Department of Health, and are recommended for approval with the understanding as stated in the preceding paragraphs, and with the usual reservations as stated on the appended sheet entitled, "Information Relative to Plan Examination." -'aul B. i son, Chief Section Td3ater Sunply and General Engineering IM MI]NMSOTA DEPARTNUT OF h-FALTH Division of Environmental Health Information Relative _ to Plan Examination The examination of plans and specifications for water supply and sewera a sys- tems (Regulation IED 111(a)), Plumbingsystems (Regulation MM 113(a)(11), and swimming pools (Regulation MHD 115(c, is made to provide information concerning the sanitary features of projects presented for consideration in accordance with the above regulations of the State Board of Health. The approval of such Plans is given upon the supposition that the survey and other data on which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the design of strut tural features and the efficiency of equipment must be taken by the engineer or architect who designs the project. Pater supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all ,parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this Department. Plans of sewage disposal systems considered by this Department are limited to those systems that can utilize soil absorption. They are examined with regard to the features of design which concern location, construction, operation and maintenance of the system and which may affect the public heal.tb. The examina- tion is based upon information contained in the bulletins entitled, "Tentative Standards for Design of Small Sewage Works," July 1962, and the recommended "Ordinance and Code Regulating Individual Sewage Disposal Systems," 1971. Plans on plumbing systems are examined only insofar as the provisions of.the Minnesota Plumbing Code apply. Swimming pool plans are examined with regard to the features of location and design which may affect the safety and sanitary quality of the water for Publi-c bathing. The examination is based upon Regulation NHD 1159 Public Swimming Pools. The State Board of Health reserves the right to withdraw its approval of plans - if construction of the project is not undertaken within a period of two Years - The fact that plans have been approved by the State Board of Health does not necessarily mean that recommendations for alterations or additions may not be offered at some later time when changed. -conditions or advanced Jnowledge make imprcovements necessary. 350 Metro Square Bldg., 7th & Robert, St. Paul, Minn. 55101 August 23, 1974 The Honorable Al Klingelhutz Mayor of Chanhassen Box 147 Chanhassen, Minnesota 55317 Dear Mayor Klingelhutz: Area 612, 222-8423 We have received a copy of a letter transmitting two (2) sets of plans and specifications for the construction of sanitary sewer for the Ecklund $ Swedlund, Inc.'s Minnewashta Woods in Chanhassen from the Minnesota Pollution Control Agency. The transmittal was from Westwood Planning and Engineering Company and it indicated that the Shady Avenue and Pleasant Avenue improvements are in accordance with your approved Comprehensive Sewer Plan (CSP). The Metropolitan Reorganization Act (passed by the 1974 Minnesota State Legislature) states "...at the time each local government unit makes application to the agency for a permit to alter or improve its disposal system it shall file with the Commission (now the Metropoltian Sewer Board) a copy of the application together with design data and a location map of the project". While this added information to the local government unit CSP is not required until 1975, it is desirable now to have such information for this project. The specific location and potential flow volume data is important information as it permits us to review the improvement as it relates to the Sewer Board and other local government units' sewer facilities in -the area. We would appreciate receiving a copy of the aforementioned information as part of your approved CSP. May we hear from you in this regard. Sincerely, METROPOLITAN SEWER BOARD R1 a .Doughert Chief A inistrator RJD : RAO :baf CC: Westwood Planning and Engineering Company Minnesota Pollution Control Agency Metropolitan Council An Agency of the Metropolitan Council of the Twin Cities Area Anoka County * Carver County • Dakota County • Hennepin County • Ramsey County * Scott County 9 Washington County minnesota department of health COA 717 s.e. delaware st. minneapolis 55440 August 26, 1974 City Council c/o Lloyd Schnellip, Clerk City Hall. Box 147 Chanhassen, Minnesota 55317 Gentlemen: We are enclosing a copy of our report covering an examination of plans and specifications on water mains for your city. A copy of the identified plans and specifications is also enclosed. If you have any questions in regard to the information contained in this report, please write us. Yours very truly, Frederick F. Heisel, Dir t Division of Environmental Health Enclosure cc: Westwood Planning and Engineering an equal opportunity employer ss M E M O R A N D U M CHANHASSEN Lotus Lake Development - Ecklund-Swedlund Sept. 13, 1974 Meeting at Chanhassen City Hall with Len Swedlund, Dick Knutson, Al Gebhard, John Chell {DNR), Don Berg on above development. Dick Knutson described the dredging --will dredge two lagoons, provide a trailway system, open space and the parkway system to become public (City). Entrance road to have divided lanes at 101. The Sept. 9th revision of the lot layout is not final --the WS District wants space 100' on each side of Purgatory Creek channel dedicated. Present plan shows 50' on each side, which Al Gebhard says is "negotiable". The pond shown is to have a normal level 5' higher than Lotus Lake,-Elev. 900 vs. 895. Al Gebhard estimated that the flood plain elevation around Lotus Lake should be protected to Elev. 899, an estimate, he emphasized. The titles on lots including the flood plain will have an attachment showing where filling is prohibited. A 100' space on each side of the creek is "no -build". space, for visual reasons. The trail system in Eden Prairie will terminate at 101, but could extend to Lotus Lake. This assumes that the trail system will be public park, including the no -build area and the forested area. "Public benefit" necessary.to justify "improvements" along the trail and for any dredging, before a permit will be issued. The staff (of WS Distr.) is now sympathetic to this --dedication of park areas. A roadway crossing of the creek with a culvert is OK;as a control structure for low-level control of Lotus Lake. The lake's high water level will be controlled by the size of the culvert, regulating outflow. The plan has "concept approval" on the property dredging, but soil botings will be necessary to establish the "No -leak" characteristics of the dredging area.. Dick Knutson --the development will have boat docks only on lots abut- ting on water --there will be no "riparian" docks. The DNR objects to any more lots having direct access to the lake than would be possible if all the shoreline were divided in the usual way. Knutson is scheduled to meet with the DNR WS District }hoard early in October for final approval. Llvyd Schnelle discussed the access problem on Lotus Lake, describing the situation across the lake at the public access. The DNR willlnot stock lake unless fishermen have direct access to it. Possibly the present chained access will qualify, since anyone can get a key, or fishing boats can get to lake around barrier. Don Berg discussed his report. Al Gebhard--would encourage use of the large lagoon as a stilling basin, would not require separate small basins at each culvert. John Chell--needs some emergent vegetation area along the shore; Dick Knutson said he would take care of it._ Also that the pond area will be in- cluded as rear yard in the abutting lots, with a sump easement. Chell will try to arrange a meeting with the EQC for Wednesday, Sept. 18th, to see whether a "bob -tailed" Environmental Impact Study can suffice. n/ rr• T.lnvrl �rhnPllP �,�� t 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 August 28, 1974 Sazama Excavating Co. 6511 Elm Street Hamel, MN 55340 Dear Sir: In cutting in the streets for the Minnewashta Woods Development, you have placed a lot of excess dirt of 6 inches to two feet on the tree roots. This is in violation of the Contract Agreement between the Developer and the City of Chanhassen. Please refer to the Zoning Administrator's report of March 26, 1974, Item 2e, which strongly recommends that great care be exercised to preserve the trees. Mr. Carl Dale's, City Consultant Planner, report of April 24, 1974, also recommends that precautions should be taken to preserve the trees. Mr. Russell H. Larson's, City Attorney, report dated April 22, 1974, also advises that great care should be taken to preserve these trees. All landscaping must be done in a way that it will not damage the trees. At this time I feel no effort has been made to do this in some areas. I recommend that all fill be removed to restore the natural terrain around the trees to at least 5 feet. Sincerely yours, Henry Wrase Public Works Director HW: cc: Mr. Len Swedlund Mr. Wm. Schoell, City Engineer -Mr. Lloyd G. Schnelle, City Administrator v� VYLLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: October 29, 1974 FROM: Lloyd G. Schnelle, City Administrator TO: Mr. Len Swedlund Ecklund and Swedlund Development Corp. P.O. Box 38 Excelsior, MN' 55331 SUBJ: Submission of statement regarding the Minnewashta Woods PUD-1. ENCL: (1) City statement 1. Enclosure (1) is an itemized statement of City costs involved in processing the subject named development project. 2. New Subject: it is requested that you establish an escrow fund in the amount of $1,250. to cover the engineering cost and other miscellaneous costs in the development of this project. 3. Thank you. If you have any further questions on the above, please call me. Sincdrej�, yMi4s, �'lo;�. d ; Sclnlne e /C-;,ty Administrator LGS:k cc: City Treasurer File f /4 P Chanhassen, Minn•,11 IN ACCOUNT WITH CITY OF CHANHASSEN i i i 1 WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E.OAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON.INC. ENGINEERS ANO SURVEYORS (6121 936-7601 50 NINTH AVENUE SOUTI'.vvh�f�OPKIN_S �INNES07A 55343 COUNCILMEN _ ^"� COUNCILMEN _ COUNCILMEN _ November 11, 1974 COUNCILMEN CLK-ADM, ASST. ZONING .& 2LDG. INSP. -PUB. VhI - DiR. UTIL'TY SUPT Westwood Planning & Engineering Co.- --- 7415 Wayzata Boulevard Minneapolis, MN 55426 Subject:'Minnewashta Woods Sewe.sand Water Project ' Gentlemen: We have inspected the work completed to date on the subject project and have the following comments: 1. It has been the City's policy, where bituminous base is placed, to allow one freeze cycle before application of the wearing course. The City washes to continue this practice. 2. With the wearing course delayed until next spring, it will be necessary for snowplowing to: a) ramp up around the manholes and b) level Sandpiper Lane and Orchard Lane where connection was made to this existing line. 3. It will be necessary to install concrete curb and gutter adjacent to all parcels in the subdivision abutting Sandpipe Lane and Orchard Lane. 4. Gravel must be cleaned out.of all manholes. 5. There is a loose step in Manhole No. 1. 6., The asphalt is high at the southeast corner of Minnewashta Woods Drive and Orchard .Lane obstructing drainage. 11 ® .rHOELL & MAOSON.INS.. Westwood Planning & Engineering Co. Page 2 November 11, 1974 If you have any questions, please contact us. We are willing to meet with you on the site at your convenience. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:be cc: Ecklund & Swedlund Mr. Henry Wrase Loyd Schnelle Mr. Gerald Schlenk Mr. Jack Gill WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 38-7601 * 50 NINTH AVENUE SOUTH * HOPKINS, MINNESOTA 55343 October 30, 1974 Mr. Lloyd Schnelle P. 0. Box 147 Chanhassen., Minn. 55317 Subject: Minnewashta Woods Dear Lloyd: In response to your question about the amount of our charges against the work in this subdivision, we submit the following: Review of plans, preconstruction meeting, design and inspec- tion through October 30th $807.40 Estimated amount to complete in- spection this fall and next spring 400.00 Estimated Total $1,207 I believe this amount will be sufficient as a deposit. If any questions, I will be glad to go over it with the developer. Very truly yours, OR CITY ENGINEER WDSchoell:sd J B. WX. D R. WrILITY7 SUPT. �k CD CD CD C7 CD 3 ct CD CD Z C+ 0 a - CD w CL CL fD QL- N OCfl0:) 4MCn.P W NJO�A.0OV dlCn-P W Nr-+VdlU1�W NJ O -i W NNNNNNNNmIV"NNNNNNNNNO C') C Z 0CDC)CD - -+--+OOOOOOOOOO- r m Loco ;Dr 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 CD CD 0 CD CD 0 0 CD CD co mA NNNNNN NIU NN NN ,C') N Cn U1 Ul Ul ul Ul U) U) U1 M Cn Ln T WWW:aWW ww ww t-0co D ---I O0004-J-4-J-J�00O00000v�OOvvOU1ca ;o A oO0O0o 00 00 .A m < 000000 00 00 0o cn En m m c � OOCD CDC)0000000000000000000 F+ C Z w w W = 0 CD 0 0 0 0 0 CD CD CD 0 CD 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 o a m 0 0 o m 0 o a cn C � D m NN An 1000 �r- OOO00000C�OOOOOOOOOOOOOOOC7OO D ;a m N m 0 D w cn m CN N 3 m Z �ri�}4A-br4E9�t� -EA�A 6i4s� �i9{!} c I:t:m Wwwwww ww ww U300 00 00 N N N N 1U NOOOO 00 OON N OO N iV 00 03 .v -i f;7 m 000000 00 00 -P� Im ;a �J O XEMG RAN D u M CHANHASSEN - EcIlund-Swedlund Lotus Lake Development, Nov. 5, 1974 Meeting at City Hall attended by Len Swedlund, Jack Swedlund, Dickman Knutson, Carl Dale., John Chell.(DNR), Ron Harnack (DNR Metro Region hydrol- ogist), Allan Gebhard (Riley -Purgatory Creek WS District),Evan Green (IM), Ir Lloyd Schnelle, Don Berg ($oil Conserv. Service) Bill Schoell. John Chell reported that the.DNR report had been completed and would be sent out from the St. Paul office on 11/6, but that Ron Harnack would ..give. a verbal report: The..DNR is -.concerned about use of the flood plain, the effects of excavation and' spoil. disposition on the' flood plain; --.-they•;,.. assumea. rise in Lotus..Lake level. and" this. -will -have to be evaluated - ..regarding'its effect. on other. .shore . ' uperties. Also the dredging in the lake outlet area will damage the only area in the lake which -is -a' ' good norther pike spawning area. The existing public access (in Carver Beach) is now chained off so is not considered by the DNR as a public -.access and --the. Divn. of. Fisheries will . not do -any more, - stocking. The :•hake -needs. stocking. to.., support. the.. fishing.pressure.• it gets. He ' realizes that the. spawning area only -goes, -under... -water -in the -;spring, but it is...still important. as..a. spawning` area.., ' Iri xx excavating'the area, an' outlet- conttol structure will. -be.- needed.'-. Addition alstudies gill be.. necessaryto determine. the...effect...on .the downshream flow.- The.-northern- portion.proposed for dredging is primarily -cattails...- In.the-light of, the, limited number of.shoreline'hots...being created:on.the plat,, the dept,:will•: go along. The•DNR is also concerned.about the.reduction in-public..access--only shoreline residents 'will 'get''the benefit `of the' lake unless' public -access is opened up., Lotus Lake is not a good waterskiing or speedboating lake. There are mechanics for controling this --construct a limited size access point and control'.horsepower of boats using the lake; the city can put restrictions'on speed, can "surface zone";; also the Dept/Nat Resources can limit.speed,. time of day when boating is permitted, etc. A good public -,access needs adequate parking space. ~The northern^portion of the lake is pretty mucky, but the southern portion is a fairly good place for public access, maybe between the creek and the south ,property line. A 207car parking area would-.be..more than adequate•for the--DNR; and waterskiing could be limited,to certain times of•day. The proposed plat does not:.increase.the riparian ownership. -The shore -- line under private ownership needs.good screening from,th_e lake:. -to preserve the shoreline appearance,'and'good.'sized lots. Dick Knutson (engr for Ecklund-Swedlund):' We'have been coming to meetings for five months and now have a 5:0 objection by the Riley -Purgatory Creek WS District Board of Managers --what will Chanhassen's reaction by to the proposed dredging? Al Gebhard (WS Distr.): They want.a grading plan showing existing and final contours. The abstracts should show where filling can be done on shore lots. They need a showing of public benefit that the dredging will provide, such as an extention of the Eden Prairie trail system. They also need a showing that the proposed crosii.ng of the creek is necessary. 2 Nov. 5th meeting Dick'Knutson.showed a.new proposal xlich includes 142 lots (vs. 130 in previous proposal), two hy. accesses (vs. 3 in former), -limited dredging in only the northern portion-, and dedication of a:park-in the NW corner. Evan Green (Hy. Dept.): Would like to have street accesses opposite the Eden Prairie streets (see their letter of Oct. 22nd), also the EP letter of 11/1 to Hy: Dept.,:. _. Carl Dale: Suggest moving the park in the new plan to the .area south.of the creek. Some other location, outside this property, might"b' better .for a recreational -use park, and the area south.of the.creek could be left natural and would be a logical extention..of•'_the.EP".trail system. Bi11`'Schoel-I::`:.SuggeVst"that ='some 'parking area -. be" provided near the hy. in, the` park site, ,because. 'people;:..otherwise.::would-•park- along, the :R/W :.of 101;.where..1imited room. Len.S.wedlund._agreed that,they.would provide _ area... --Evan Green objected to the entrance to .'.the" park -.be- , ­such -parking r. cause it ,would.. be. at.a point.with very -poor sight.distance..along Hy-..101; " '"maybe the .city could buy, one., of '. the lots ©n Sandy Hook -Road to , the south of the proposed park, so'that entrance to the park would be from Sandy Hook Road. General -comment by city _people that such lots were pretty expensive:.and there might be`objection from adjacent owners. Also agree- ment that sight distance -is poor 'near proposed park entrance',' but .wi11- look and see how it might be improved. Evan Green: MHD has suggested to EP that an additional 27' be.." -gotten along Hy. 101 on all -plats, so that any widening"could"be accomodated in _ future, but EP engr had said that a 40-foot half -width (80' total) should 'adequate for 101' since EP"wa's. planning to have-101 relocated about. 4 mi., to -the east. and was requiring platters`to so -provide: Bill':Schoell' thought. an.80' width of:R/W.ought to be"adequate, but agreed that if the hy. is to be four-laned, more width needed:. -,'.Also. agreed that future construction of 10.1 to the east might not be done for 15 or 20 years, and much development could greatly -increase traffic_ont. 101 in the meantime. General agreement by all outside, governmental unit reps.that.they would have their reports to Lloyd by Monday, No.'18th'-so as ­to allow'"' enough•time to prepare reports to go'to�Planning commission prior to'meet- ing on Tuesday, No-V. 26th. Evan Green later made further points'about R/W width, pointing.out that there might be need for signals at -some point along 101, necessi= tating slip lanes, left tut-n lanes, and possible future need for sidewalk space, which would be pretty crowded in an 80' R/W. (WDS) These good points, and it's obviously much easier to get the additional width R/W now than having to go in and purchase of condemn it later if needed. Doubt any future need.for.sidewalks, but bike trails, maybe. Also feel that EP should contribute an equal width on east side of R/W. Give further consideration. . .:.c.: Lloyd Schnol 1 n WILLIAM D. SCHOELL CARLISLE MADSON' JACK T. VOSLER JAMES R.ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH January 16, 1975 City of Chanhassen c/o Mr. Gerald Schlenk, Deputy City Administrator P.O. Box 147 Chanhassen, MN 55317 • : HOPKJNS, MINNESOTA 55343 ZONiNG S-XG. MSP. ,'UB. WK. MR. UTILITY SUPT. Subject: North Service Area Special Assessment, Minnewashta Woods Subdivision Gentlemen: We have computed the special assessments for the Minnewashta Woods Subdivision in accordance with the North Service Area Assessment Criteria. Lateral Charges: Each of the twelve lots served by North Area laterals will be charged a lateral unit charge of $3669 ($2537 for sewer and $1132 for water). in addition, each lot will be charged $0.04 per foot for the area exceeding 15,000 square feet within 150 feet of the improvement. This area charge effects only Lots 1 and 2 of Block 1 of the Minnewashta Woods Subdivision. Trunk Charges: Each of the lots in this subdivision is provided trunk sewer and water service through the N.S.A. system. Thus, each lot will be charged a trunk availability charge of $700 ($320 for sewer and $380 for water). There are presently three homes located on the property on Lots 14, 17, and 3 of Block 2; the latter still under construction. Revised Assessment Roll: The revised assessment roll to be submitted in the Fall of 1975 will show the lateral assessment on each of 12 lots, the area charge on Lots 1 and 2, and the trunk assessment on the existing homes. We have computed these assessments and they are shown on the attached sheet. SCHOELL & MAOSON. INC. City of Chanhassen January 16, 1975 Existing Assessment: Page 2 The North Service Area assessments levied against these properties is as follows: Two sewer and water lateral units at $3669 $ 7,338.00 Two sewer and water trunk units at $700 1,400.00 Area charge, $0.04/square foot or 164,506 SF 6,580.24 TOTAL AMOUNT ASSESSED $15,318.24 This assessment has been paid in full and now must be redistributed to the newly divided properties. In addition, the trunk availability charge on Lot 3, Block 2, was collected when the building permit was issued. We have discussed the redistribution of the existing assess- ments with Mr. Len Swedlund and the division was made as follows. 1. One lateral unit and one trunk unit was assigned Lot 14 of Block 2. The assessment on this lot is now paid in full. 2. The area charge ($6580.24) and the second lateral unit ($3669) at a total of $10,249.24 is divided in such a way so as to result in an equal balance owning of $2758.12* on the remaining eleven (11) laterally bene- fited lots. The amount credited each and the balance for each lot is shown on the attached sheet. To this balance seven percent per year subsequent to the original assessment (1973). When building permits on lots not assessed are applied for, a lump sum payment for the availability charge will be made. This lump sum will be $700 (or whatever the availability charge is at the time of application) plus seven percent for each year subse- quent to 1973. *$2758.14 for Lots 1 and 2, Block 1 to make division arithmetically correct. Very truly yours, SCHOELL & MADSON, INC. f WJBrezinsky:be cc: Mr. Russell Larson Mr. Len Swedlund �OLUTION B 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 553174,(612) 474-8885 DATE: April 18, 1975 FROM: City Administrator TO: City Council SUBJ: Street Lighting Contract DISCUSSION. The contract has already been approved by the Council. Somehow, however, the blanks for the number of months after the completion of the installation of street lighting system and the blank stating or after % of the lots have been improved whichever comes first, that the developer shall pay for the cost of electricity until that point. RECOMMENDATION. I recommend that the Council by motion, amend the contractto I nclude that the developer shall pay for the electricity for 24 months or until 750 of the lots are developed, whichever comes first. Barry R. Brooks April 18, 1975 WOLVERINE INSURANCE COMPANY P-W.. c , Battle Creek, Michigan � e��y�yyy�� , INS' .t10E jr TP.IIEI •i ♦o �� � SUBDIVISION BOND % INSU ONCE �A.D. w1J�P . •_s..v � ♦ vus C�A♦o , w, J�� BOND # 211053 KNOW ALL MEN BY THESE PRESENTS, That we, ECKLUND & SWEDLUND DEVELOPMENT CORP. as' Principal, and WOLVERINE INSURANCE COMPANY of Battle Creek, Michigan, a Michigan Corporation, as Surety, are held and firmly bound unto CITY OF CHANHASSEN in the penal sum of FOURTEEN THOUSAND SIX HUNDRED EIGHTY FIVE AND N01100 - 0, 14,685.00 - - }DOLLARS, lawful money of the United States of America, hfor.the payment of which well and truly to be made, we bind ourselves, our. eirs, executors, administrators, successors and assigns, jointly and sev- erally, firmly by these presents. Signed, sealed and dated this 23rd day of July A.D. lg 75 WHEREAS, ECKLUND & SWEDLUND DEVELOPMENT CORP. has agreed to construct in the Subdivision in MINNEWASHTA WOODS PLANNED RESIDENTIAL DEVELOPMENT DISTRICT said construction to be completed with -in ONE YEAR from date here- of. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS StCH,- That if the said Principal shall construct, or have constructed, the roadways as hereinabove described, and shall save the Obligee harmless,:from-'any loss, cost or damage by reason of iis'failure to complete said work, then this obligation shall be null and void; othprwiae to remain.,in full force and effect. ECKLUND & SWEDLUND DEVELOPMENT'CORP. VGcJkGli Mark C. PrSwedl�nd, Vice President WOLVERINE INTURANGE C MPANY BY: '_' J. LA SOTA �' Attorney -in -Fact 1 -1, -Ili POWER OF ATTORNEY KNOW ALI. MEN BY TIIESE PRESENTS: That the WOLVERINE INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Michigan, and having its principal office in the City of Battle Creek, in said State, does by these presents make, constitute and appoint R - A CA R T,SnN or P - A - HAAS-- Qr H . H , HOMEYER or JOHN A. gTMArP.K or GORnON r- MOORP or J TagQTA or R.S. MaCnnN7lTn of MINNFAPCILIS and State of MINNESMA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any. and all bonds and undertakings, recognizances contracts of indemnity and other writings obligatory in the nature thereof The acknowledgment and execution of any such document by any Attorney -in -Fact named above, shall be as binding upon this Company as'if such bond had been executed and acknowledged by the duly authorized officers of this Company. The WOLVERINE INSURANCE COMPANY further certifies that the following is a true and exact copy of Section (C) of Article, 10 'of the By -Laws of the Wolverine Insurance Company, duly adopted and now in force, to wit: "Section (C) All bonds, policies, undertakings or other obligations shall be executed in the Corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice -President, or by such other officers as the Board of Directors may authorize. The President, any Vice -President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company, subject to such rules and regulations as such officers may prescribe."'By amendment February 13, 1957 any Assistant Vice -President empowered with same authority as other officers designated above. This Power of Attorney is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 21st of December, 1964. "Resolved, that the signature of authorized officers of this Corporation and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to subsection (C) of Article 10 of the Bylaws of this Corporation, and the signature of the Secretary or an Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate or any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed, sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, the WOLVERINE. INSURANCE COMPANY has. caused these presents to be signed by its Vice -President with its corporate seal affixed"this 15th day of JanIlarV A.D., 19-7_5 (Seal) \L L1 ��• STATE OF MICHIGAN ss. COUNTY OF CALHOUN WOLVERINE INSURANCE COMPANY By .. �,� 4 "'k. , , Jack E. Biddlecome, Vice President On this —15t-h day of TanttarV A.D., 197_before me personally came Jack E. Biddlecome to me known, who, being by me duly sworn did depose and say that he resides in the Township of Battle Creek that he is Vice President of the WOLVERINE INSURANCE COMPANY, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Director of said Company and that he signed his name thereto by like order. Ot~� •e � a ° 1ld P Dorothy B.. ver, Notary Public My Commission Expires October 22, 1977 CERTIFICATE STATE 'OF MICHIGAN ss. COUNTY OF CALHOUN I, James H. Heinze, Secretary of the WOLVERINE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect. 1N WITNESS WHEREOF, 1 have hereunto set mY hand and affixed the seal of said Company, at the City of Battle Creek, Michigan, this _ 23rd day of _ July _ A.D., 19 75 . James H. Heinze, Secretary I0864 � sI`�(6-74) R.USSELL H. LARSON ATTORNEY AT LAW 1000 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H.LARSON CRAIG M. MERTZ July 28, 1975 Mr. Barry R. Brooks City Administrator Box 147 Chanhassen, MN 55317 Re: Minnewashta Woods Performance Bond Dear Barry, cc: All Councilmen Bruce Pankonin, City Planner TELEPHONE 335-95.65 c JUL 1975 RED. VN AGE of 0_ UztV& You will recall our earlier discussions relating to the lack of a performance bond for public improvements in Minnewashta Woods, and the Council action to withhold building permits in the plat until a bond is filed with the City. In discussions of this matter with our engineer Bill Brezinsky, I learned that the estimated construction cost of the work remaining is #13 , 350.00 ; broken down as follows: Streets $12 , 600.00 Finish Catch Basins 750.00 $13,350.00 A copy of Mr. Brezinsky's letter of July 25, 1975, to me regarding these costs is attached. The matter of these costs and the bond was discussed with Mark Swedlund of Ecklund & Swedlund, and we have now received the enclosed Wolverine Insurance Company performance bond #211053 in the amount of $14,685.00, representing 110% of the estimated remaining construction .cost. The bond refers to "roadways", and while a portion of the work involves catch basins, I believe the term "roadways" is broad enough to cover the catch basins in the streets. In view of the above circumstances, you may wish to consider releasing the hold order on building permits in the subdivision. Very truly yours, Russell H. Larson RHL:m Chanhassen City Attorney Att . Q 3 Pint} !qJ 0� s s ♦�c4 L���I *9G pan . mbp WOLVERINE INSURANCE CC PANY Bale Creek, Michigan i �:3n IO1F�I SUBDIVISION BOND I�i$Jf9;1 BOND f 211053 KNOW ALL MEN BY THESE PRESENTS, That we, ECKLUND & SWEDLMID DEVELOPMENT CORP. as .Principal, and WOLVERINE INSURANCE COMPANY of Battle Creek, Michigan, a Michigan Corporation, as Surety, are held and firmly bound unto CITY OF Cif !3FN in the penal sum of F1011 EII '1'd1f3USA SIX HIZIDRED EIGHTY FIVE AND NO/100 - 0.14,&$5.00 -- )DOLLARS, lawful money of the United States of America, for_the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sev- erally, firmly by these presents. Signed, sealed and dated this 23rd day of Jul,- A.D. 19 75 WHEREAS, ECKLUND & SWEDLUND DEVELOPMENT CORP, has agreed to construct in the Subdivision in MINidE`rJASHTA WOOD5 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT said construction to be completed within ONE of.; XFa�t from date here- �' NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, That if the. said Principal shall construct, or have constructed, the roadways as hereinabove described, and shall save the Obligee harmless -from -any_ " loss, cost or damage by reason of its'failure to complete said work, then this obligation shall be null and void;, otherwise to remain -in full force and effect. ECKLUND & `SWEDLUND DEVELOPMENTCORP. Princippals. Mark C. Swedlund, Vice President WOLVERINE INPURANC•E{ C MPANY BY: LA SOTA ;' Attorney -in -Fact itness WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 July 25, 1975 Mr. Russell H. Larson, Attorney 1900 First National Bank Building Minneapolis, Minnesota 55402 Subject: Minnewashta Woods Sewer, Water and Street Project Dear Mr. Larson: We estimate the construction cost of the work remaining on the subject project to be $13,350 itemized as follows: Item Amount Cost lz" Bituminous Wearing Course 5000 SY C $ 1.50 $ 715,a0 4i" Bituminous Base 100 Tns @ 15.00 1,500 B-618 Concrete Curb 1200 LF @ 3.00 3,600 Catch Basin Finish 5 Ea. @ 150.00 750 $ 3 3 0 We trust this is the information you require. Very truly yours, SCHOELL & MADSON,INC. WJBrezinsky:sg cc: City of Chanhassen MEMORANDUM TO: Mayor and City Council FROM: City Administrator, Don Ashworth DATE: September 20, 1976 SUBJ: Street Improvements, Minnewashta Woods, Ecklund and Swedlund (Non -completion of development contract requirements). The street work required to be completed by Ecklund and Swedlund, as part of the Minnewashta Woods Development Contract, has not been completed. The council tabled action on this item on September 13, 1976, pending a report from the developer as to when improvements would be completed. If the council would determine that the developer does not intend to complete improvements within a reasonable time frame, the council could require the surety bond to be called -in,$ advertise and award a contract to complete the work. This office has now received a letter from Plehal Construction stating they have been contracted by Ecklund and Swedlund to complete the work in Minnewashta Woods as required. They state that such will be completed this fall. Staff r:!believes that a more specl.ific time frame is required. Although the project could not be completed this fall by calling the bond (time periods required for advertisement, award, and mobilization), by allowing a nebulous time schedule, the city may not be able to complete this project early in 1977. It is recommended that the council table further action on the decision to call the bond of Ecklund and Swedlund until November 1, 1976. Further that the council state their intent to proceed on public completion of improvements required if such is not completed by November 1, 1976. TEL 935-3477 PLEHAL BLACKTOPPING, INC. Driveways iii Parking Areas Alackfopped 6117 Baker Rd. Hopkins, Minn. September 15, 1976 City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Gentlemen: This is to inform you that we have entered into an agreement and contract with Ecklund & Swedlund, 19400 Highway #7, Excelsior, MN, whereby; we plan to do blacktopping work on roadways at Minnewashta Woods sub -division. Further, we plan to do the work and complete such work during the 1976 season. Respectfully, Jack S. P1eha1, Pres. JDP/L cc: Ecklund & Swedlund MEMORANDUM TO: City Administrator, Don Ashworth FROM: Building Inspector, Jerry Schlenk DATE: September 13, 1976 SUBJ: Item 6 on September 13, council agenda. Street Improvements - Minnewashta Woods, Ecklund and Swedlund (Notification of non-compliance). I spoke with Mr. Len Swedlund this afternoon regarding the roads in Minnewashta Woods. He has spoken with Plehal Blacktopping Company and he says that the roads will be blacktopped before fall. He will be sending the city a letter in the near future outlining exactly what will be done. Mr. Swddlund regrets that he cannot attend tonights meeting due to a previous commitment. From: City Administrator Referred To: Mayor_ Council Planner - -�"r Building Attorney Engineer _ Treasurer -� Street Maint,� d pQ c-0 Utilities � �-Y.,e-,,-r� ••c�-`.�` 0 1her J Cthr — Uate s-.. R.USSELL H. LARSON ATTORNEY AT LAW iJOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 �i �'y ��!+ �j +� TELEPHONE August 26, 19 J 6 335--9565 iir. Jerry Schlenk uuilding Inspector 7610 Laredo nrive Chanhassen, Hinneso - 55317 Re: Ecklund ..and Swr-',dlund Uevel,oWuent Corporation -- Planned Unit Pvvel or.-ni -nt CantrPet 1'ea r .Terry: You advised one today that the street work in `"3innetuashta Woods to be rerf4rmei by !,chlund .zed wedlcand by July 143, 1.976 has riot been coo leted. `s �701, know, this lob rrav t;ondeu for by 4olverint. Insurance Compai:y 1 believe tLat the failure to comiol.ete the tiork by the contracted e»o, pletion date should be brour rt tc- thy; attention of the Council Pear a decision as to what steps should now be Taken. The obvious course open to the City would be to notify the ?3onding company of the default, but it may be the Council.'s decision to obtain a status report and projected completion date :4rcros the developer Lf Fore notifying the bonding cc iipany. oc s Schnell and Madson Donald W. AshwortA Very truly yours, RUSSELL ' . TARS ON Chanhass-n City Attorney Inc. Ml9Q� AEG 197 , 1 Cyq1VH Sop RIISSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H LARSON AREA CODE 612 CRAIG M.MERTZ August 26, 1976 TELEPHONE 335-9565 Mr. Jerry Schlenk Building Inspector 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Ecklund and Swedlund Development Corporation - Planned Unit Development Contract Dear Jerry: You advised me today that the street work in Minnewashta Woods to be performed by Ecklund and Swedlund by July 23, 1976 has not been completed. As you know, this job was bonded for $14,6.85 by Wolverine Insurance Company. I believe that the failure to complete the work by the contracted completion date should be brought to the attention of the Council for a decision as to what steps should now be taken. The obvious course open to the City would be to notify the bonding company of the default, but it may be the Council's decision to obtain a status report and projected completion date from the developer before notifying the bonding company. V ry t ly y s, 1 AAA \`SELL H. LARSON Chanhassen City Attorney RHL:mep cc: Schoell and Madson, Inc. Donald W. Ashworth AUG 1976 I.N Receiver) i� VILLAGE OF CHANHASSeN \�! MINN. v4"A�__ . CITY OF M8N0dsSEN 7610 LAREDO DRIVE • P O BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 October 22, 1975 Mr. Len Swedlund Box 38 Excelsior, MN 55331 Dear Len: As per Council direction at the October 20, 1975 Council meeting, the City of Chanhassen will not consider any further plans from You until -you have cleared up all outstanding debts with the City on Minnewashta Woods. If you have any further questions, please call Kay Klingelhutz at 474-8885. Sincerely yours, Gerald W. Schlenk Acting Clerk -Administrator GWS:k o' WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA Ecklund & Box 38 Excelsior, Gentlemen: — SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 16121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Swedlund Realty MN 55331 November 2, 1976 Subject: Minnewasta Woods Sewer and Water Project, Our File No. 8462. We have conducted the final inspection on the subject project. Attached is a list of items that requre correction before we will recommend release of the project bond. If you have any questions, please contact us at your con- venience. Very truly yours, SCHIOELL & MADSON, INC. WJBrezinsky:sjr enclosure CC: L' ty of Chanhassen Mr. Russell H. Larson, City Attorney Mr. Jack E. Gill From: City AdministralA Referred To: Mayor � ,� 1 3345 Council. **�►► Planer ti��� ci� NOV1976 BLlidiI,, CV Attorney R�E,CF[Ve, Enginear� - N OF Troasurer� � Police Parks & Rec. �7���� Street Plaint. _ Utilities Press Other -°- Date Sovember 2, 1976 I. MINNEWASHTA WOODS OUR FILE NO. 8462 Minnewashta Woods Drive: 1) Blend the blacktop in better at Pleasant Ave. intersection. 2) Manhole 2 - realign and/or replace broken adjustment rings and grout up. Raise manhole to set 1/2" to 1" below fin- ished grade. 3) Lower the 6" gate valve at Pleasant View intersection to sit 1/2" to 1" below grade.- 4) Manhole 3 - grout the adjusting rings. 5) Manhole 4 - grout the adjusting rings. Clean out the bottom section - it's full of small rocks and gravel. Raise manhole to sit 1/2" to 1" below finished grade. 6) Reset adjusting rings to Catch Basin No. 2 and grout. 7) Manhole 5 - buried. We've located and marked it for you. 8) Hydrant valve box is full of debris. Clean it out so we can "key" it Paint up scratches. 9) Cracked concrete curb along Lot 7, Block 1, and along Lots 5 and 6, Block 2. 10) Settled concrete curb along Lot 6, Block 1, and along Lot 3, Block 2. 11) Manhole 1 - Grout the rings. 12) Gate valve at Shady Ave. intersection is buried. We've marked it for you, "Raise". 13) Overlay Shady Ave. intersection with a bituminous mat to eliminate low spots and "rough" area of road. This area includes from 1'0'± SW of the existing manhole where sewer connection was made, to about 20'± SW of next man- hole north. II. Forest Circle: 1) Existing manhole - straighten casting, regrout rings. 2) Fix a bird bath at the SW corner of the intersection. (We've marked it) 3) Manhole 6 - invert is plugged with dirt - remove. Grout the adjusting rings. Flush line and relamp. 4) 6" valve box is tipped - straighten. Raise box to sit 1/2" to 1" below blacktop. 5) Manhole 7 - invert is plugged with dirt - remove. Grout the adjusting rings. Raise the casting to sit 1/2" to 1" below blacktop. Flush line and relamp. 6) Fix bird bath 101± west of Manhole 7 (we've marked it). 7) All of Forest Circle seems to need some additional level- ing on the streets. Mat appears not uniform or level. MEMORANDUM TO: Mayor and City Council FROM,:, City Administrator, Don Ashworth DATE: October 18, 1976 SUBJ: Street Improvements, Minnewashta Woods, Ecklund and Swedlund, Completion of Development Contract Requirements On September 20, 1976, the Council reviewed the uncompleted improvements required to be completed by Ecklund and Swedlund as a part of their development contract in Minnewashta Woods. The issue before the council was the fact that the improvements had not been completed within the required time limit and a determination was necessary of whether the city should use the bond posted by Ecklund and Swedlund to complete improvements. Further action was tabled to this meeting, based on the statements of Ecklund and Swedlund to have such completed. As of this date, all improvements required to be constructed are completed. The city engineer is in the process of inspecting the project to insure completion in accordance with city specifications. Minor items are anticipated to be found in non-compliance, i.e. a curb box or manhole requiring raising or lowering, etc. However, no additional action by the council is anticipated to be required. The city council will be asked to accept the improvements after the engineer has completed final inspection and the contractor has completed any minor improvements required. f HJ" October 11, 1977 CITY OF CHANHASSEN 7610 LAREDO DRIVE* P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Mr. Gordan C. Moore Bond Manager Transamerica Insurance Group 430 Oak Grove Street Minneapolis, MN 55403 Dear Mr. Moore: I am forwarding your letter of September 30, 1977, to the city's consulting engineer for their review and response. Since el, Don Ashworth City Manager DA:k cc: Bill Brezinsky, Schoell and Madson, 50 Ninth Ave. South, Hopkins, MN 55343 r Property and Casualty Insurance from �ansamerica Corporation 74�anaameriea Insurance Company Minneapolis, Minnesota 55403 430 Oak Grove Street (t112) 871-3800 Tponsamepice Insurance Group Wolverine Insurance Company Premier Insurance Company Riverside Insurance Company Canadian Surety Company Automotive Insurance Company From: City Adrnimi trator Referred To: mayor-----. _ September 30, 1977 Gourd! Planm;r__ ____ Bui!d;ng _ Attorney Office of City Engineer En?ineer_ City of Chanhassen Treasijr,.r Chanhassen, Mn. Parks $trC2i ii.a�fli, Re: Bond No. B-211053 Utilities_ Ecklund b Swedlund Development Corp. Press__ $14,685 Subdivision Improvement Bond Other Minuawashta Woods Planned Residential Date Development District Gentlemen: We were advised in late June of this year that the improvements guaranteed by our bond were complete and the project was awaiting final inspection by your office. Would you please advise if the inspection has been made and the improvements accepted so that we may close our file. Thank you for your kind assistance and prompt attention. V4mx0ore Bond Manager GCM: j 1 ,34567' OCT 1977 RECEIVED vivaQe of a eSW; WILLIAM 0. SCHOELL CARLISLE MADSON ` O , JACK T. VOSLER 0 JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE 0. KEMNA JOHN W. EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT SCHOELL & MAOSON, INC. OIL ENGINEERS ANO SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5543 Mr. Gordon C. Moore Bond Manager Trans American Insurance Group 430 Oak Grove Street Minneapolis, Minnesota 55403 Dear Mr. Moore: OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS November 1, 1977 au;J'*e=:'L: HillliH—WC1ShLcl Wvul'15 ij( V�Lt1lSlUCYl'L -- Improvement Status. Our inspection indicates that the improvements guaranteed by your Bond No. B-211053 have not been completed. Very truly yours, SCHOELL & MAD!kON, INC. WJBrezinsky:bk cc: Mr. Don Ashworth, City Manager Mr. Russell H. Larson, Attorney ` NrV 1977 V7L. QH �aE OF o ANF A awl WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR - HAROLD E. DAHLIN LARRY L. HANSON — _ _� SCHOELL & MAOSON, INC. RAYMOND J. JACKSON WILLIAM J. BREZINSKY � 7 ENGINEERS AND SURVEYORS JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND (612) 938-7601 • 50 NINTH AVENUE SOUTH • HORKINS, MINNESOTA 55343 KENNETH E. ADOLF WILLIAM R. ENGELHARDT' OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS BRUCE C. BLINDING September 22, 1978 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Minnewashta Woods Subdivision. Gentlemen: Attached is a copy of our punch list for the utility and street work in the subject subdivision. Some of the deficiencies listed are minor and possibly could be removed. We suggest an on -site inspection after the staff meeting on Wednesday, September 27th. WJBrezinsky:bk enclosure cc: Mr. Jack Gill Very truly yours, SCHOELL & MADPON, I C. •J!C�P� <f8m, 61Y AdminiOMM - fi9�t,tui - -- F c SEP 1978 R�CEIY VUygQF o D CHAMUSSe1V, :, MiNN. e rM I YI a V V O a S 04 ' Q , � � � � �, C1 � + r ? V' . �-- �'� � ;/t to �., V xJ � =-. ✓" T;� � �` 1 O.� �. ; -- C.�('01G (C.� -}�Gl���`C�—QIG�I`���5.___.�2��'�--�__�-�.`'� %`�_r'yt✓1, l,�.r:.,.-._;hc u , N�cl-- of�0 V1, Wdtl u ti 3 u r !c _tt- r�_c.��-}-C u'_ —c ro►c Vic_ _P.d i v� '�fo t of G ?�4 9_ M 114 A_, -----. - tj �34jp CC IL -----.�.f._- 2 I- -- _�-t.-�h—ba�.�v�d � v�t_y_ G�,ro�� -�ro� �3-z�-- �"1►��_ Wd black+�r._Isa-i a4Je- �_�p�r1_ ----- rr rr lovv --- --- -- - - I o w (to sGt U\-, ML r r vi,.k Q i_ e- _ ---o _Si f k2`I " el o w 9 • > te ov, Avif, + vM to cliv"Alvicr�e- low t uvb�60u____o--- FQ _$� - rnaj, 7�11s� ovecc tAj k if V­ C) vi vx e- C, + i C"A Was VVLIac- 2cr -E IVI -PVOK+ ow-e-, rm-- a a-( e,____Ln is - _c u-. sn� c)Lo,c�_. 'u+c- .-Oki bQ e, S+ w +kc, C- P�x tt o� Po v� e.- st Ck.vc,. r- stcm, NAA �O WILLIAM D. SCHOELL / \� v CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN M Ecklund & Swedlund Custom Home Builders 19400 Highway 7 Excelsior, MN 55331 SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 Attention: Mr. Len Swedlund Subject: Gentlemen: OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS May 7, 1979 Minnewashta Woods Project City of Chanhassen Please find attached a punch list of work remaining to be performed on subject project before the project can be formally accepted by the City of Chanhassen. This punch list was made during an on -site inspection of the project by Lynn Patton of Schoell & Madson, Inc. and Jerry Schlenk of the City of Chanhassen. Please contact us and we will be happy to meet with you on the jobsite to review the punch list items. You.may also want to bring along to the meeting the sub -contractors who may be performing the repair work so that we may discuss with them the work to be done also. Should you have any questions, please contact me at Schoell & Madson, Inc., 938-7601. Thank you for your cooperation in this matter. very truly yours, SCHOELL & MADISON, INC. JEGill:srt VA& attachments cc: Jerry Schlenk, City of Chanhassen Ray Jackson Lynn Patton - N-TPr 00� i t� w1 N\rVLkd k S ovN�4J S 63 Z0� A /0 cj C)j djJ RO �e1^ QM TA /rl � C KIS� IN ArA V� -To Os o vn c ; `a Q Jai 6 - a-- _- �o nv E 5 c -c /C/t/ CLJ nw w sadti �� r1 E •u � /1/G y� 7r ico Cu h l �r a -•� � o C h AL t n� ►� �d- - G, to w O s Ah le lo- lu �4 -jog c-1 ThC7 At/ - ,) ��l,J OwT d��4 At n �0( � Pel . ! kCAI f� v 3 570 w� C N t�� 7` .� S •s��r a� �'r c r1 — Tv p c r At rlloK J 0 w' � r e5 S u R G rc Cc � O h � 2� l�C'[--� . e9N j q X � �9 hp�c u � 4 X v Q 1 v G, k54 At, e Sq m� t�Riti7" ; h, f�loA 7' 5 3 le .— ! t 7,09 X � oq t-0 0 IV / / ,/ i N jCh0 Al d T' 3 S C) IN Co At C U K �- /�r�e5 S /" A,vc) o o 4 r- � �j r � l_1 d Gv G`wl-7.� � �� 4111AI �1l 10-e s+ mac- (L- (W , 44 o--I I Ru j II C hie i -_- _C`O.4c YVI- A k e j 2 4 r.( j ; V-- � -- f hQ 1 IJ l i.c / ' _ C� st, C 50 C L4 4,e - 54c � -e rJ 11 " - S C)u h A c v c 1 f�o kl-% �L , I il C LL �- t- � -e 4 L', c a tt � 3 3 0 -�-, 3 2 O pXIC j -5-e 7�11,e 7Z A1,04 Ili' Z-,-Y/-5 � G G•� j� � � a�� � G c� � �� cf S� ScG rj 4 .1 0ivs cj i�- 4--, CO 2 A�i 1- 2 . Pa. 3 nr -4 sE� U -FCC IC SCE U A l V C 4 A( ( le k•(� ,Q � f R t� Q d Lt4 t h y y 1 I- i TJLP l 1A c C- o a.; c qc) VO -,p_ � c � �,c I e- LL -rL 1T�►� %p row. eC2&C'u� 1M ►4 k 1 W y /0 j hi 2 c� r, l/� c L d • a i � Ile — 1J,15/V7,9 woo ,OS At 7Z ?a - � oF-4 0410 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 August 25, 1980 Wolverine Insurance Company 430 Oak Grove Minneapolis MN 55403 TELEPHONE (612) 335-956S CERTIFIED MAIL RRR Re: Notice of Claim ,Ben ' nd Ecklund & Swedlun_ evelopment Corporation, Principal , r_.City--6f h-anhassen, Obligee Minnewashta Woods Development Gentlemen. Reference is made to the above subdivision bond issued by your company on July 23, 1975, for the benefit of the City of Chanhassen in the matter of the Minnewashta Woods Planned Unit Development constructed by Ecklund & Swedlund Development Corporation pursuant to its contract with the City dated August 5, 1974. So that you may be fully informed of the material facts in this matter, we attach herewith the following: a. Copy of Minnewashta Woods Planned Unit �45526�� Development Contract; �'23 ,9�9 b. Copy of Schoell & Madson, Inc. report off November 2, 1976; AUG i980 ` C. Copy of Schoell & Madson, Inc. report of RECEIVED N November 1, 19 7 7 ; ! VILLAGE of A d. Copy of Schoell & Madson, Inc. report of CHANHASSEWS August 18, 1980. N/ '/�MINN, c: The City Engineer's report of August 18, 1980 sets out the �`Ql obvious items of work to be completed. Further details on the location, nature and extent of the uncompleted work can be obtained from Jim Orr of Schoell & Madson, Inc. It should also be noted that the work required by the development contract has not been finally accepted by the City. We have been informed that the Principal under the bond is in a Chapter 11 bankruptcy proceeding, and is not financially able to complete performance under the terms of the development contract, despite demands of the City to do so. J Wolverine Insurance Company August 25, 1980 Page Two Accordingly, the City hereby makes claim upon your company for the completion of the work as set forth in the engineer's report of August 18, 1980, and to indemnify and save the City harmless from any loss, cost or damage by reason of the Principal's failure to complete the work as required under the contract, including administrative, legal and engineering costs incurred by the City by reason of the default of performance. We request that your written response to this Notice of Claim be received by the City not later than Friday, September 12, 1980. The response should be addressed to: Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Please furnish this office with a copy of your response to this Notice of Claim. �1 RHL:ner enc cc: Donald W. Ashworth James Orr Ver tru o RUSSELL H. LARSON Chanhassen City Attorney 7 CITY OF CHANHASSEN- PLANNED UNIT DEVELOPMENT CONTRACT MINNEWASHTA WOODS 4R-(,6 THE AGREEMENT, Made and entered into this � d day of ( �bi 19 , by and between the CITY OF CHANHASSEN, a Minnesota municipal co, herein- after referred to as the City, and ECKLUND & SWEDLUND DEVELOPMENT CORPORATION, a Minnesota.: corporation, hereinafter referred to as the Developer, WITNESSETH: WHEREAS, the Developer is the fee owner of certain lands described as Lots 28 and 29, Minnewashta Park, Carver County, Minnesota, and situated in the City of Chanhassen, and WHEREAS, the- Developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-1 Planned Residential Development Plan, including a preliminary plat thereof of said lands, said plat to contain 10.92 acres, more or less, divided into 27-.lots , and to be known as Minnewashta Woods, a copy of said proposed plat and plan, dated January 9, 1974, being attached hereto as Exhibit "A", hereinafter referred to as "plat" , and WHEREAS, the City Council has, by its resolution passed May 20, 1974, approved said plan, preliminary plat, and application for rezoning, subject to and on condition that the Developer enter into this agreement, and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, curbs, gutters, boulevard sodding, driveways, storm and surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and underground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improve- ments, and WHEREAS, the Developer has made application to the City to be allowed at Developer's expense to construct, install and perform all work and furnish all materials in connection with the installation of the following improvements: a. Street grading, stabilizing, and bituminous surfacing b. Concrete curbs and gutters C. Sanitary sewer mains d. Water mains e. Storm and surface water drainage f. Street signs g . Boulevard sodding h. Driveway surfacing i. Underground utility lines j . Street lighting NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan and plat of Minnewashta Woods, the City and the Developer agree as follows: 1. Improvements by Developer. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing b. Concrete curbs and gutters C. Sanitary sewer mains d. Water mains e. Storm and surface water drainage f. Street signs g. Boulevard sodding h. Driveway surfacing i. Underground utility lines j . Street lighting 2. Standards of Construction. Developer agrees that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. 4. Schedule of Work, e Developer further agrees that it shall commence work hereunder on or before �.� , 19 , and shall have all work done and improvements fully com eted to the satisfactiorf and approval of the City on or before 19 The Developer shall submit a written schedule indic ting the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. - 2 - S. Roads Sanita:__ Sewer, Water, and Storm Sewer Facilities. a. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of roads, sanitary sewer, water and storm sewer facilities in said plat, said plans and specifications to be in substantial accord with proposed plans thereof prepared by Egan, Field & Nowak, and filed with the City on March 29, 1974. All plans and specifications shall be subject to the final approval of the City engineers. b. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. c. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereof by the Developer. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or sub- contractors, materialmen, laborers or to any other person, firm or corporation whomso- ever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 8. Written Change Orders. The Developer shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and Developer hereby agrees that without such written order Developer will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improve- ments to be by the Developer constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developer shall pay all claims for work done and - 3 - materials and supplies furnished for the performance of this agreement, Developer agrees to furnish to the City a cash deposit in the amount of $110,600.00 or, in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder; said cash deposit or bond, as the case may be, to be conditioned upon the performance by the Developer of its obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc. , the City Engineers, and as set forth in the report of said engineers to the City Council dated May 16, 1974, which report is incorporated herein by reference . and made a part of this agreement. Said cash deposit or bond may be reduced from time to time by the City Council in the exercise of its discretion. 10. Boulevards and Driveways. The Developer agrees to furnish, construct and install, at Developer's sole expense, the following improvements for the benefit of each lot within the plat. a. Boulevard sod, which shall be of uniformly good quality; b. Driveway surfacing, the materials and installation of which shall be approved by the City engineers.. For the purpose of assuring to the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of this agreement, Developer agrees to furnish to the City a corporate surety bond, approved by the City, in the amount of $,�3ff t° per lot, naming the City as obligee thereunder, and conditioned upon performance by the Developer of the obligations required by this paragraph. With the consent of the City and in lieu of said bond, the Developer may deposit the sum of $,200 °O per lot with the City at the time application is made for a building permit for each lot. Said bond shall be terminated, or cash deposit returned to the Developer, upon approval of the installations by the City. 11. Erosion Control. Developer, at its expense, shall provide temporary dams, earthwork or such other devices, including seeding of graded areas, as shall be needed, in the judgment of the City engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the development during all phases of construction, including construction on individual lots. Developer shall keep all streets within the development free of all dirt and debris resulting from construction therein by the Developer or its agents. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City a V months after the completion of installation of the street lighting system, or after 75'% of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors , found by the City to be defective within one year after acceptance by the City shall be replaced by Developer at Developer's sole expense. - 4 - i 15. Liability Insurance. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $"�fa(�.©DC3 ° for one person and $50iQ, 6�tl — for each accident;�-limits for property damage shall be not less than $ _Q for each accident. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements. Upon completion of the installation by Developer of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits. The Developer covenants and agrees that no building permits shall be requested and the City shall not be required to issue any building permits for construction in the said plat until the Developer has completed the installa- tion of the improvements set forth in Paragraph 1 hereof to the City specifications, and that issuance of any building permit or permits to the Developer prior to the acceptance of said improvements shall not constitute a waiver by the City of its rights hereunder to require completion of said improvements before issuance of additional building permits. Breach of any terms of the within agreement by the Developer shall be grounds for denial of building permits within the plat. 19. Construction by City. The Developer agrees that the City, at the option of the City, can install and construct any work or improvements required herein to be made by the Developer. In the event the City makes any such improvements under its power to make local improvements and specially assess the cost thereof, wholly or in part, under Minnesota Statutes Chapter 429, the Developer agrees to pay the entire amount of the assessment roll pertaining to any such local improvement, within 30 days after its adoption. 20. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developer prior to issuance of building permits, subject to the following standards and conditions: (i) Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation, and similar potential problems. - 5 - (ii) In the event agreement cannot be reached between the City staff and Developer, the City shall have the right, at the expense of the Developer, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. (iii) The certificate of occupancy for each homesite , or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal after consultations with the City Forester. b. Developer acknowledges receipt of the Soil & Water Considerations Reports of February 5, 1974, and May 15, 1974, by United States Department of Agriculture Soil Conservation Service and accompanying map, incorporated herein by reference and made a part hereof, and agrees to provide for individual site drainage and soil erosion and sedimentation control consistent with said reports. C. Developer acknowledges receipt of the reports of the Zoning Adminis- trator, City Engineer, Planner and Attorney, which are incorporated herein by reference and made a part hereof, and agrees to comply with the conditions of said reports consistent with the provisions of the within contract. d. Developer acknowledges receipt of the report of Schnell & Madson, Inc. , City Engineers, dated April 19, 1974, relating to existing sanitary sewer and water laterals and service available to serve the plat, and agrees to be bound by the determination of the City regarding any redistribution of existing assessments , the imposition of future assessments for proposed lots abutting the laterals, and payment therefor. e. Side and rear lot utility easements on all lots shall be shown on the final plat. f. A perpetual storm sewer easement extending across a portion of the plat from Sandpiper Lane to Minnewashta Woods Drive shall be granted to the City. The width of said easement shall be determined by the City Engineer. g. The centerline radius of Minnewashta Woods Drive at the curve adjacent to proposed Lot 7, Block 1 shall be increased from 45 feet to 100 feet. h. Elevations of structures to be erected on proposed Lots 6, 7, 19 and 20, Block 2 shall be sufficiently high to insure service by sanitary sewer laterals. 21. Remedies Upon Default. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within6600AA " days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be assessed as a special assessment against the benefited property in the manner provid- ed by law, and in addition thereto, the City may take legal action against the Developer and the surety on its performance bond to collect all of the costs of the making of any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 22. Address of Developer. The address of the Developer for purposes of this development contract is: Post Office Box 38, Excelsior, Minnesota 55331. 23. Successors and Assi_ns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN pres nce f: By MAYOR . r Atte Cl Administrator ECK:7 UND & SWEDLUND DEVELOPMENT CORPORATION, Developer By- Its And Its - 7 - STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) On this _� day of rjAL,144U,41 , 19 `% before me a notary public within and for said County, perso ally appeared and to me personally know who, being each by me duly sworn they did say that they are respectively the and _ of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed ands aled in behalf of said corporation by authority of its Board of Directors and said & _ and acknowledged said instrument to be the free act and deed of said corporation. >it AAT KLMGCLV*Jyz i' NOT/ARY PUBLIC-MiNNESOTA CARVER COUNTY Ry Commission Expires Jan. 30. 1981 Notar Public County, Minnesota My commission expires CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 47-N AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEI ZONING ORDINANCE. THE CITY COUNCIL bF CHANHASSEN ORDAINS: Section 1. Section 14.11 of Ordinance No. 47 entitled "The Chanhassen Zo nni g Ordinance", adopted February 8, 1972, and as amended heretofore is hereby further amended by adding the following described tracts of land to those lands encompassed within the boundaries of the P71 district as set forth in said Section 14.11, as amended heretofore. 3. Minnewashta Woods, according to the map or plat thereof on file in the office of the County Recorder, in and for Carver County, Minnesota. 4. Sunny Slope Addition, according to the map or plat thereof on file in the office of. the County Recorder, in and for Carver:County, Minnesota. Section 2: Effective Date: This ordinance shall become effective from and after its passage and publication. Passed by the Council this 2nd day of October , 1978. — Mayor ATTEST: Donald Ashworth v City Clerk/Manager Public Hearing on Tract 3 held April 24, 1974. Public Hearing on Tract 4 held November 9, 1977. Published in Carver County Herald on October 25 , 1978. 14 Northern States Power Company Excelsior Minnesota 55331 Gentlemen: City At a meeting of the Council of the XXXX&Wheld on , 19 , the Council by appropriate resolution authorized the immediate installation of street lights of the number, size, and the location designated below, and directed the undersigned to request your Company to make such installation. No. Size Location Mercury Vapor Ornamental Underground Fed Street 8 i751 • Lights Lumen at Minnewashta Woods , Lumen at It is understood that the installation and operation of the requested lights shall be in accordance with all of the terms and conditions contained in the existing "Mercury Vapor Agreement" between the City and your Company. Your Company's obligations hereunder to make new lighting installations and to provide illumination from each lamp shall be contingent on your Company having the necessary permits and rights -of -way across private property therefore with- out cost to your Company. Yours very truly, Chanhassen CASTING SHALL BE NEENAH R-1642 WITH TYPE ITCH /COVER OR EQUAL ADJUSTMENT RINGS 2 MIN. 5 MAX. bJ 2 - 3 TOP VIEW PRECAST CONC. ECCENTRIC CONE SECTION . ly. j THE STANDARD MANHOLE M.H. STEPS a. INCLUDES: RINGS, CASTING a 16 O.C. COVER, STEPS, BASE SLAB GASKETS ei WATERPROOFING ALL COMPLETE a INPLACE, JOINTS 0-RING PAY PAY DEPTH SHALL BE MEASURED FROM TOP TO 71"1 LOWEST INVERT LLI SLOPE FLOOR TO DRAIN 481' R.CP GROUT CONC. BASE SIDE VIEW STANDARD MANHOLE SCALE 3/811a-l' WITH GASKET i ;�� ``�4;�:,. `�,,z.•t,,,\ �\ BASIS OF PAYMENT WILL BE ON THE LINEAR FEET OF 6 r^, / SERVICE PIPE INSTALLED AND TAMPED BACKFILL A TYPE 'A' CONNECTION ITEMA. . SECTION B-B r Ir PROPERTY LINE GROUND LINE 1 cn i.� (n VARIABLE z L- .o y V4 tA%t,• r� � SEWER 6 GRAVITY. MAIN SERVICE 'CONNECTION - TYPE .'A' r-- GROUND LINE i t- ti I l 3ASIS OF PAYMENT WILL BE w ON THE LINEAR FEET OF 6'1 o ZPERVICE PIPE INSTALLED, _INEAR FEET OF 6o' C.I. o ,RISER PIPE INSTALLED AND A TYPE ," S a CONNECTION ITEM A a 61� PROPERTY LINE IN / VARIABLE I r S I � I � B 6 � SEWER _ MIN. SLOPE 1/4PER FT. l .69 Cl EXTRA HEAVY SOIL PIPE OR PVC. PIPE TAMPED BACKFILL DETAIL 'X' SECTION B-B ��°'►',°'.!. :' :{ ►.•;" A'' '''e° 14, Go ZI SECTION A -A ��/�� ///• //.. /�../�,,/ri. //.. //., //i. /�i. DETAIL 'X" SERVICE CONN E CT1ON - TYPE 'B' r CL , I' I W cr �� w W u tr a •i - — cr 7 O \ �/ J } J N 4] W ? w u.I/ -�—' ..� � r ►-. t ��� .4 : cr ; x eO cca s N lJ w . 83n0D xvrt »9 ;t t,-.—.�;, «to cC ww d _7 , w � •oa� ' ` bj u cc , ..i....-.�.� r. �.� ... NO — PROPERTY LINE i i rL STREET AS REQUIRED j I CORPORATION / COCK WATER MAIN + AT CURB ' COCK BASIS OF PAYMENT SHALL BE ON THE LINEAR FEET OF SERVICE INSTALLED ' PLUS ONE SERVICE GROUP, WHICH SHALL INCLUDE TAP, CORPORATION COCK, CURB STOP, CURB BOX AND TAPPING SADDLE IF REQUIRED WATER SERVICE DETAIL 00 STEPS J FINISHED GRADE 'A NOTE: �I-► —i�; ; , USE MANHOLE BLKS r • I . FOR COMPLETE I STRUCTURE WHEN I ► o \ . COVER IS LESS T ` THAN SIT {! StECTF1EE I • ' USE T ppR WHEN D IS 42 i___'; :r.I•r .��,;.. ; '.• ., ' LARGER. 27 " � a NO OND EACH SIDETOFD 12BEY, I'-5" CASTING) EMBEDDED IN CO NG =, 2� N CASTING TO BE ORDERED WITHOUT- LUGS BACK OF CURB MANHOLE CASTING- NEENAH 3246E - DIA. GRATES 2 OR 3 2" ADJUSTING RINGS MANHOLE COVER SLAB ..•• f .-+" •,• ` 1 , ••,;� .:-, =.' (NORTHSTAR TYPE 31 2: 3" OR EQUAL) ' • REINFORCED CONCRETE ' PIPE (CL. II) OR MH BLOCKS WHERE SPACE'T:D IS LIMITED d g • v MANHOLE STEPS TO �� �' o _j 1 ` w INSTALLED SPACED 16 ON CENTER. STEPS ,: a CO 21-0" SHALL BE OF CONC. a , ALUMINIUM TYPE. 4 -011 ► (18 MIN) FT ' GROUT BENG ► ` DIA. .-B'FLOWLINE 10 - 1 • -' 00 POURED OR PRE- ' • CAST CONCRETE ' 6 -10" - I BASE. � I STANDARD CATCH BASIN NOTE: THIS DESIGN TO BE USED WHERE - EVER STORM SEWER CATCH BA- SIN IS IN CURB - LINE OF STREET. NOTE: WHEN D EXCEEDS THAN ONENCUT RE OUT IS NEEDED SHALBLOBE BOTTOM EC. CON- STRUCTED WITH CONCRETE MAN- HOLE BLACKS FROT,M HTTEPPINVERT THE 0 TLET PIPE.' NO 1� Riprap ,•`r• ���i'r.�+. .•��:':%iµ��r':r'Z�w�Si:..i: a:::.'r1.� ►'Jr �/ SEC.' B-B A C TABLE OF QUANTITIES SEC A —A DI A. ROUND 12" 15'� n 18 +r 21 � 24 ,r 27 �� 30 �� 36 �r 42 n 48 PIPE RIPRAP 12"DEPTH 17 2.3 2.9 3.7 4.6 5.5 6.6 8.8 10.9 13.4 CLASS A CU. YD. NO SCALE RIPRAP AT RCP OUTLETS i r" J W Z N J 4 � ucr- w +• i z a w O z l N w 0 • J V rr- •- =W cn c� O� L- o �r cr.N �... an aw V O ' L) u N m i O N Z N V4.2 m Ld r- Z � V m ICL w frye • J y ..�. 0 m V z Q ' w w IN v- D CV U SPECIFICATIONS FOR SANITARY SEWER, WATERMAIN, STORM SEWER & STREET SURFACING FOR Minnewashta Woods Ecklund & Swedlund Development Co. I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Q Francis D. Hagen, Sr: Dated �^'�k' / r Minnesota Registrati,6 No. 6641 WESTWOOD PLANNING & ENGINEERING COMPANY 7415 Wayzata Boulevard Minneapolis, Minnesota 55426 SPECIAL CONDITIONS for Utility Construction Minnewashta Woods 1. SCOPE OF CONTRACT The work to be done under this contract shall include the furnishing of all materials, labor, tools and equipment necessary to successful completion of construction of the sanitary sewer, storm sewer and watermain facilities as described in the Plans and Specifications herein. The Contractor shall excavate all kinds of material encountered; protect, repair, relocate, maintain, and restore all subsurface, surface and overhead structures directly or indirectly disturbed, injured or affected by his oper- ations; backfill and compact excavations; and furnish all other appurtenant items and services necessary for successful completion of the project. Minor appurtenances not specifically listed as a bid item, but which are necessary to complete the project, as shown on the Plans, in a satisfactory manner shall be considered incidental items and no direct compensation will be -made therefore. II. COMPLETION DATE AND LIQUIDATED DAMAGES All work shall be completed within 30 days from the date of letting of contract. The Owner has established this schedule according to his schedule for street construction. If completion of streets is delayed due to the noncompletion of the utilities, the damages incurred by the owner which shall be deducted from the final payment as liquidated damages shall be $50.00 per day. III. OWNER AND ENGINEER The Owner for this Project shall be Ecklund & Swedlund Development Company and the Engineer shall be Westwood Planning and Engineering Company. IV. STAKING AND INSPECTION Staking will be provided by the Owner through Westwood Planning and Engineering Company. The Contractor shall notify the Owner at least three days in advance of his need of staking. If for any reason other than Engineer's error, it becomes necessary to restake portions of the project which have been previously staked, the cost of said restaking shall be deducted from the final payment due the Contractor. The Engineer will not be required to stake at any one time less line and grade than the Contractor can construct in a period of three days. Inspections will be perforT stwood Planning and Engineering Company. V. CONDITION OF THE PROJECT SITE The streets within the project have been,graded to approximate subgrade elevation by the Owner. The Contractor shall use extreme caution and care to do as little damage as possible to the area and to protect all trees. The Contractor will be required to return all construction areas to their original grades and to replace all topsoil disturbed by his operations, at his own expense, to the satisfaction of the Owner. VI. FAMILIARTY WITH THE SITE, PLANS AND SPECIFICATIONS Bidders are expected.to thoroughly familiarize themselves with the site, plans and specifications. The bidders shall visit the site, take then own measurements, and familiarize themselves fully as to the extent of the work, facilities, and difficulties in connection therewith. No con- sideration shall be given for extra work due to the Contractors failure to acquire vital information necessary for the intelligent preparation of this proposal. In the event any item of the plans and specifications is' not clearly understood by the bidder, he shall request clarification from the Engineer prior to submitting this bid. It shall be the Contractor's responsibility to determine subsoil and water table conditions prior to bidding this project. Subsoil or water table data, which may be furnished by the Engineer are informational only, and such data shall not be construed as a firm basis for submitting a bid. Submission of a bid proposal shall be considered prima facia evidence that the bidder has thoroughly familiarized himself with the conditions to be encountered and the character, quality and quantities of work to be performed and the materials to be furnished and requirements of the Contract Documents. VII. ORDER OF CONSTRUCTION The Owner through his Engineer, shall reserve the right to designate an order in which construction is to proceed to coincide with his development schedule. VIII. CONTRACTOR'S SUPERVISION The Contractor's organization shall provide a foreman or superintendent on the job at the job site at all times. The person or persons shall have knowledge of the work in progress, of the plans, of the specifications, and shall have the authority to make decisions regarding the ensuing operation. IX. CHANGE ORDERS Any changes in the work for any reason must be approved in writing by the Engineer. Upon such order it will be the responsibility of the Contractor to obtain said written approval before proceeding with the changed portion of the work. X. PAYMENT VOUCHERS Monthly payment vouchers shall be prepared by the Engineer for this contract and shall he mailed to the Contractor for -his signature. —A final payment voucher shall be issued by the Engineer within 21 calendar days after the acceptable completion of the work. XI. DETAIL PLATES Detail plates attached to these specifications are hereby made a part of the SPECIAL CONDITIONS, thereby taking precedence over the General Conditions of this contract. XII. SANITARY SEWER LATERALS AND SERVICES Sanitary sewer laterals shall be either ABSP or PVC. All services shall be 6" diameter P.V:C. or extra heavy C.I.S.P. Services shall extend to the location shown -on the plans and the plugged end shall be marked with a 4 " x 4" x 6' wooden stake extending above grade and painted orange. XIII. SANITARY SEWER TESTS Prior to final acceptance of each section of the sewer line, the contractor shall flush . -a ball, the full diameter of the sewer through the line. An exfiltration test may be required on the sanitary sewer line constructed on the project. The leakage allowance will be the same as specified for infiltration which shall be a maximum of 100 gallons per inch of pipe diameter per mile of pipe per 24 hours for any. -section of pipe. XIV. WATERMAIN All watermain installed under this contract shall be Cast Iron Pipe or Ductile Iron Pipe conforming to the Technical Provisions for Watermain Construction included in this contract. The class of pipe shall be modified as follows: 6 inch Cast Iron Pipe class 24 6 inch Ductile Iron Pipe class 6 Fittings for ductile iron pipe shall comply with ANSI A21.10. Fittings 12" and smaller shall be class 250; 16" and larger, class 150. XV. WATER SERVICES All services shall be 1" copper and shall conform to Section 2.11 of the Technical Provisions for Watermain Construction. 1" Corporation stops shall be used on this project. Curb boxes shall be furnished with stationary rods. Corporation stops shall be Mueller H-15000 or Ford F600. Curb stops shall be Mueller H-15154, Ford B22-444M or McDonald 6104N. Curb boxes shall be 8 foot Mueller H10300 with stationary rod, 8 foot Ford EM2-80-57 with stationary rod or 8 foot A.Y. McDonald 5615 with stationary rod. All valve boxes or curb stops shall be marked with a 6 foot steel post extending 2 feet above grade and shall also be marked at the end of the service pipe with a 4" x 4" wooden stake 6 feet long and extending 2 feet above grade and painted orange. XVI. GATE VALVES AND BOXES All gate valves shall be Mueller A2380-22 or equal with 0-ring construction opening counter clockwise as described in.Section 2.5 of the Technical Provisions for Watermain Construction. Gate valve boxes shall be Clow-F2495F, three piece or equal, and shall conform to Section 2.6 of the Technical Provisions for Watermain Construction. Contractor shall furnish to the City of Chanhassen, free of charge, one valve wrench per 25 valves installed of suitable length to operate any valves furnished in'the contract. These wrenches are to be delivered directly to the City by the manufacturer of the valve. XVII. HYDRANTS All fire hydrants shall be Waterous Pacer with rocker lug and chains with breakoff flange and shall have a 6 inch mechanical joint inlet. Hose connections shall be 2-12" diameter and there shall be one 4-Z" diameter steamer connection, all with National Standard threads in accordance with Section 2.7 of the Technical Provisions for Watermain Construction. Contractor shall furnish free of charge one hydrant operating nut wrench per six hydrants or fraction thereof to the City of Chanhassen. The Con- tractor shall also furnish one hydrant disassembly wrench to the City of Chanhassen. These wrenches shall be delivered directly to the City of Chanhassen by the manufacturer of the hydrant. XVIII THRUST RESTRAINT Concrete thrust blocks shall not be used for thrust restraint. Watermain and fitting joints shall be tied for a sufficient distance back for each plug, tee, cross or bend to allow soil friction to overcome the thrust. The pipe supplier shall furnish data on the frictional resistance to endwise movement of his pipe embedded in earth. Restrained joints details shall be submitted to the Engineer for approval before construction. All hydrants, valves, stub end extensions, blind flanges, plugs, and all things retaining water pressures must be tied as a pressure restraint. Restrained joints as required shall be incidental without additional compen- sation. Restrainer glands, restraining joints or bolts will be acceptable. XIX. INTERRUPTION OF EXISTING UTILITY SERVICE The Contractor shall notify the City Engineering Department, the City Water Superintendent and City Resident Engineer of any shut down of the existing utility systems. The Contractor shall be required to notify all affected customers as to the length of shut down and the time of shut down prior to cutting into or turning off any existing valves on the water -main. XX. CUT IN CONNECTIONS Cut in connections shall be made on existing 6" C.I.P. and 10" C.I.P. at the locations shown onthe plans. Payment for these cut -in connections shall be by lump sum as stated in the proposal form. These payments shall be payment in full for a labor, materials and equipment necessary to complete the cut -in connections. XXI. TESTING WATER MAIN Hydrostatic pressure tests and leakage tests shall be made on each valved section of pipe as described in these specifications and as modified herein. The witermain shall be subjected to 150 p.s.i. pressure at the beginning of the test and shall show no decrease in pressure for 20 minutes. In addition to these tests, a test to prove".. -the: -electrical conductivity through all joints shall be run after backfilling. The conductivity through the joints shall be provided by straps or by cables or by the use of conductive gaskets. The use of insertable wedges shall not be considered as sufficient to provide conduct- ivity regardless of such a test. The testing for electrical conductivity shall be made by passing 300 amperes current through the main for five minutes duration without notice variation. No tests shall be made unless the inspector is present. In addition to the Owner's inspector, the Contractor shall also notify the Engineering Department of the City of Chanhassen at least twenty-four hours in advance of any testing so that they may be present during the tests. XXII. WATER MAIN FITTINGS The payment for water main fittings shall be based on weight of fittings used. In calculating this weight for payment the weight of fittings, glands, gaskets, bolts and nuts are totaled. XXIII. FINISHING MANHOLES All manholes except storm sewer manholes shall have eccentric cones. All manholes and catch basins constructed under this contract in areas requiring future street construction, shall have the casting and ring assembly placed directly on the uppermost precast section of the manhole, or otherwise placed a minimum of 0.5' below finished grade, and the number of adjustment rings re- quired to adjust the structure to finished grade shall be delivered to the Owner and stockpiled at a location designated by the Owner. XXIV. REINFORCED CONCRETE PIPE AND JOINTS Reinforced concrete sewer pipe shall conform to ASTM Specification Designation C76-63T of the class shown on the plans. Gasket joints of the R-4 type shall be used throughout. The R-4 joint shall be a modification of the Bureau of Reclamation R-4 joint as shown on their drawing 40-D05809 as revised on 9/17/63. The main modification of the R-4 joint shall be the modified outside diameter of the bell. These gaskets and pipe shall comply with ASTM Designation C-361-61. The joint must be completely closed. If irregularities are found the joint must be taken apart and the condition of the gasket and its placement on the spigot carefully checked before re-entry is attempted. XXV. CLEANING UP Surplus pipe, materials, tools and temporary structures shall be removed by the Contractor. All dirt,'rubbish and excess earth excavation shall be hauled to a dump provided by the Owner and the construction site shall be left clean to the satisfaction of the Engineer. XXVI. TRENCH COMPACTION The Contractor shall be required to compact all main line and service trenches by means of mechanical compaction in a method as approved by the Engineer. This compaction shall continue until no visable settlement occurs. The compaction under existing and future streets shall be to 90`/o modified Proctor Density from the pipe zone to three feet from final surface grade. The top three feet of trench shall be compacted to 95% modified Proctor Density. XXVII. SAFETY EQUIPMENT In addition to the usual safety equipment and procedures, the Contractor shall also make available at the job site the following: 1. An air blower with a directional chutb capable of delivering 1,500 c.f.m. of fresh air at sewer manholes. 2. An approved harness or rope -sling for rescue of personnel from manholes. 3. An approved portable oxygen supply unit with face mask and goggles. No personnel will be allowed to enter completed sanitary sewer manholes without this equipment immediately available for use by a "top man" stationed at the manhole. All safety equipment shall remain the property of the Contractor. XXVIII. MAINTENANCE BOND After acceptable completion of the work the Owner shall be dedicating the utilities to the City of Chanhassen for perpetual maintenance and the Contractor shall deliver to the City Engineer an acceptable one year maintenance bond in conformance with the provisions of Section 25.3 of the General Conditions. GENERAL CONDITIONS SECTION 1. DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: Agreement - The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed, including the CONTRACTOR's Bid and the Bonds. Payment Document - The form furnished by the ENGINEER which is to be use y the CONTRACTOR in requesting progress' payments. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder - Any person, firm or corporation submitting a Bid for the Work. Bonds - Bid, performance and payment bonds and other instruments security, furnished by the CONTRACTOR and his surety in accordance with the Contract Documents. Change Order - A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. Contract Documents - The Agreement, Specifications, Drawings, Addenda whet er issued prior to opening of bids or execution of the Agreement) and Modifications. Contract Price - The total moneys payable to the CONTRACTOR under the Contract Documents. Contract Time - The number of calendar days stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the Agreement. Drawings - The drawings and plans which show the character and scope of the Work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents. ENGINEER - The person, firm or corporation named as such in the Special Conditions. SECTION 2. AWARD, EXECUTION OF DOCUMENTS, DELIVERY OF BONDS, ETC. 2.1. The award of the Contract, if it is awarded, will be to the lowest responsible Bidder whose qualifications indicate the award will be in the best interest of the OWNER and whose proposal complies with all the prescribed require- ments. No award will be made until the OWNER has concluded such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the OWNER within the time prescribed. The OWNER reserves the right to reject the Bid of any Bidder who does not pass such investigation to the OWNER's satisfac- tion. In analyzing Bids, the OWNER may take into considera- tion alternates and unit prices, if requested by the Bid forms. If the Contract is awarded, the OWNER will give the Bidder written notice of the award within thirty days after the opening of the Bids. 2.2. At least three counterparts of the Agreement and such other Contract Documents as practicable will be signed by the OWNER and the CONTRACTOR. The ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. The OWNER, the CONTRACTOR and the ENGINEER will each receive an executed counterpart of the Contract Documents. 2.3. Simultaneously with the execution of the Agreement, the CONTRACTOR will deliver to the OWNER the required Bonds. 2.4. Failure of the successful Bidder to execute the Agreement and deliver the required Bonds within ten days of the notice of the award shall be just cause for the OWNER to annul the award and declare the Bid and any guarantee thereof forfeited. SECTION 3. PROGRESS AND SUBMISSION SCHEDULES: PRECONSTRUCTION CONFERENCE: TIME OF STARTING THE WORK 3.1. Within ten days after execution of the Agreement, the CONTRACTOR will submit to the ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a schedule of Shop Drawing submission, and a schedule of materials to be incorporated in the Project. 3.2. Before starting the Work, a conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions and for processing Progress Payment Documents, and to establish a working under- standing between the parties as to the Project. Present at -3- conditions that may in any manner affect the Work to be done. SECTION 5. OWNERSHIP AND COPIES OF DOCUMENTS: RECORD DOCUMENTS 5.1. All Specifications, Drawings and copies thereof furnished by the ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project. 5.2. The OWNER will furnish to the CONTRACTOR up to four copies of the Specifications and Drawings as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 5.3. The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the ENGINEER and shall be delivered to him for the OWNER upon completion of the Project. SECTION 6. WORK BY OTHERS 6.1. The OWNER may perform additional work related to the Project by himself, or he may let other direct contacts therefor which shall contain General Conditions similar to these. The CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. 6.2. If any part of the CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or the OWNER), the CONTRACTOR will inspect and promptly report to the ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for, the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work. 6.3. The CONTRACTOR will do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The CONTRACTOR will not endanger any work of others by cutting, excavating or otherwise altering -5- 7.3. The CONTRACTOR will not employ any Subcontractor (whether initially or as a substitute) against whom the OWNER or the ENGINEER may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor against whom he has reasonable objection. The CONTRACTOR will. not make any substitution for any Subcontractor who has been accepted by the OWNER and the ENGINEER, unless the ENGINEER determines that there is good cause for doing so. 7.4. The CONTRACTOR will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between any Sub- contractor and the OWNER or the ENGINEER or any obligation on the part of the OWNER or the ENGINEER to pay or to see to the payment of any moneys due any Subcontractor, except as may otherwise be required by law. The ENGINEER may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specific work done in accordance with'the schedule of values. 7.5. The divisions and sections of the Specifications and the identifications of any drawings shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any trade. 7.6. The CONTRACTOR agrees to specifically bind every Subcontractor to all of the applicable terms and conditions of the Contract Documents. Every Subcontractor, by under- taking to perform any of the Work, will thereby automatically be deemed to be bound by such terms and conditions. SECTION 8. MATERIALS EQUIPMENT AND LABOR: SUBSTITUTE MATERIAL OR EQUIPMENT 8.1. The CONTRACTOR will provide and pay for all mater- ials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 8.2. All materials and equipment will be new. If required by the ENGINEER, the CONTRACTOR will furnish satis- factory evidence as to the kind and quality of materials and equipment. 8.3. If it is indicated in the Specifications that the CONTRACTOR may furnish or use a substitute that is equal to any material or equipment specified, and if the CONTRACTOR wishes to furnish or use a proposed substitute, he will, promptly after the award of the contract, make written application to the ENGINEER for approval of such a substitute certifying in writing that the proposed substitute -7- Documents and not later than the date when needed by the CONTRACTOR, the lands upon which the Work is to be done, rights -of -way for.access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the OWNER, unless otherwise specified in the Contract Documents. If the CONTRACTOR believes that any delay in the OWNER's furnishing these lands or providing such easements entitles him to an extension of the Contract Time, he may make a claim therefor as provided in Section 23. The CONTRACTOR will provide all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 11.2. The OWNER will, upon request, furnish to the CONTRACTOR copies of all available boundary surveys and sub- surface tests. Any such surface tests are informational only and it shall be the Contractor's responsibility to determine subsoil conditions urior to bidding the Job. 11.3. The CONTRACTOR will promptly notify the OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indi- cated in the Contract Documents. The ENGINEER will promptly investigate those conditions and advise the OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, the OWNER will obtain the necessary additional surveys and tests and furnish copies to the ENGINEER and the CONTRACTOR. If the ENGINEER finds that the results of such surveys or tests indicate subsurface or latent physical conditions differing significantly from those indicated in the Contract Documents, a Change Order shall be issued incorporating the necessary revisions. 11.4. The ENGINEER will establish such reference points and set such stakes as in his judgment will enable the CONTRACTOR to proceed with the Work. The CONTRACTOR will be responsible for the layout of the Work and will protect and preserve the established reference points and stakes and will make no changes or relocations without the prior written approval of the ENGINEER. He will report to the ENGINEER whenever any reference point or stake is lost or destroyed or requires relocation because of necessary changes in grades or locations. In case of the CONTRACTOR's willful or careless destruction of said reference points or stakes, he shall be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. SECTION 12. USE OF PREMISES 12.1. The CONTRACTOR will confine his equipment, the storage of materials and equipment and the operations of responsibilities at the site. 13.5. Neither the ENGINEER's authority to act under this Section 13 nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the ENGINEER to the CONTRACTOR, any Subcontractor, any of their agents or employees or any other person performing any of the Work. SECTION 14. ENGINEER'S INTERPRETATIONS AND DECISIONS 14.1. The ENGINEER will issue with reasonable prompt- ness such written clarifications or interpretations (in the form of drawings or otherwise) as he may determine necessary for the proper execution of the Work, such clarifications and interpretations to be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR believes that a written clarification and interpretation entitles him to an increase in the Contract Price, he may make a claim therefor as provided in Section 21. 14.2. The ENGINEER will be the initial interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both the OWNER and the CONTRACTOR. He will not show partiality to either and shall not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating .to the execution and progress of the Work or the interpretation of or performance under the Contract Documents shall be referred initially to the ENGINEER for decisions, which he shall render in writing within a reason- able time. 14.3. Either the OWNER or the CONTRACTOR may demand arbitration with respect to any such claim, dispute or other matter that has been referred to the ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in Section 29.2 such arbitration to be in accordance with Section 38. However no demand for arbitration of any such claim, dispute or other matter shall be made until the earlier of (a) the date on which the ENGINEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to the ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which the ENGINEER rendered his written decision in respect of the claim, dispute or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in the ENGINEER's decision being -11- 15.6. The ENGINEER's approval of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsi- bility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's attention to such deviations at the specific deviation, nor shall any approval by the ENGINEER relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. SECTION 16. TESTS AND INSPECTIONS 16.1. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness therefor. The CONTRACTOR will furnish the ENGINEER the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any such Work required so to be inspected, tested or approved is covered up with- out written approval or consent of the ENGINEER, it must, if directed by the ENGINEER, be uncovered for observation at the CONTRACTOR's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided. 16.2. Any Work which fails to meet the requirements of any such test, inspection or approval and any Work which meets the requirements of any such test or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work may be rejected, corrected or accepted as provided in Section 25. 16.3. Neither observations by the ENGINEER,nor inspec- tions, tests or approvals by.persons other than the CONTRACTOR shall relieve the CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents. SECTION 17. CONTRACTOR'S SUPERVISION AND SUPERINTENDENCE 17.1. The CONTRACTOR will supervise and direct the Work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. Before undertaking the Work he will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He will at once report in writing to the ENGINEER any conflit, error or discrepancy which he may discover. Any Work done after -13- and progress of the Work, all necessary safeguards for safety and protection, including posting danger signs and other warnings against hazards and promulgating safety regulations. He will notify owners of adjacent utilities when prosecution of the work may affect them. When the use or storage of explosives or other hazardous materials is necessary for the prosecution of the Work, the CONTRACTOR will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, injury or loss to any property referred to in para- graph 18.1.2 or 18.1.3 caused, directly or indirectly, in whole or in•part, by the CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the CONTRACTOR, except damage or loss attributable to the fault of drawings or specifications or the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or for whose acts either of them may be liable, and not attributable to the fault or negligence of the CONTRACTOR. 18.2. The CONTRACTOR will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the OWNER and the ENGINEER. 18.3. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He will give the ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and devia- tions involved. If the CONTRACTOR believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefor as provided in Sections 21 and 23. SECTION 19. ACCESS TO THE WORK; UNCOVERING FINISHED WORK 19.1. The ENGINEER and his representatives and other representatives of the OWNER will at all times have access to the Work. The CONTRACTOR will provide proper facilities for such access and observation of the Work and also for any inspection, or testing thereof by others. 19.2. If any Work is covered contrary to the request of the ENGINEER, it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR's expense. -15- 20.4. The OWNER will execute any appropriate Change Order prepared by the ENGINEER covering changes in the Work to be performed as provided in paragraph 11.3, and Work performed in an emergency as provided in paragraph 18.3 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the ENGINEER. 20.5. It is the CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly. The CONTRACTOR will furnish proof of such adjustment to the OWNER. SECTION 21. CHANGE OF CONTRACT PRICE 21.1. The Contract Price constitutes the total compen- sation payable to the CONTRACTOR for performing the Work. All duties, responsibilities -and obligations assigned to or undertaken by the CONTRACTOR shall be at his expense without change in the Contract Price. 21.2. Should the.number of units of completed work of any item included in the Unit Price schedule classified as a major item vary more than 20% from the number of units stated in said schedule, either the OWNER or the CONTRACTOR may request a revision of the unit price for the item so affected. Under such conditions adjustment of the price, if any, shall be made in accordance with Section 21 thereof. A major item under the meaning of this provision is defined as any item equal to or greater than 10% of the total price for the entire contract. 21.3. The Contract Price may only be changed by a Change Order. If the CONTRACTOR is entitled by the Contract Documents to make a claim for an increase in the Contract Price, his claim shall be in writing delivered to the OWNER and the ENGINEER within 15 days of the occurrence of the event giving rise to the claim. All claims for adjustments in the Contract Price shall be determined by the ENGINEER if the OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price result- ing from any such claim shall be incorporated in a Change Order. 21.4. The value of any Work covered by a Change Order or any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 21.4.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved. -17- deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. SECTION 23. CHANGE OF THE CONTRACT TIME 23.1. The Contract Time may only be changed by a Change Order. If the CONTRACTOR is entitled by the Contract Documents to make a claim for an extension in the Contract Time, his claim shall be in writing delivered to the OWNER and the ENGINEER within ten days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Contract Time shall be determined by the ENGINEER if the OWNER and the CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 23.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if he makes a claim therefor as provided in paragraph 23.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by the OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 23.3. All time limits stated in the Contract Docu- ments are of the essence of the Agreement. The provisions of this Section 23 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. SECTION 24. NEGLECTED WORK If the CONTRACTOR should neglect to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, the OWNER, after three days' written notice to the CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against the CONTRACTOR if the ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due the CONTRACTOR are not sufficient to cover such amount, the CONTRACTOR will pay the difference to the OWNER. SECTION 25. WARRANTY AND GUARANTEE; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 25.1. The CONTRACTOR warrants and guarantees to the OWNER and the ENGINEER that all materials and equipment -19- the 10th of the month. These Progress Payment Documents will be based on work done and materials delivered to the job site on or before the 20th of the preceding month. The CONTRACTOR will receive a copy on or about the 1st of the month, and will sign the Progress Payment Document upon receipt of payment.. 26.2. The CONTRACTOR warrants and guarantees that the title to all Work, materials and equipment covered by a Progress Payment Document, whether incorporated in the Project or not, will have passed to the OWNER prior to his signing of the Progress Payment Document, free and clear of all liens, claims, security interests and encum- brances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment covered by.a Progress Payment Document will have been acquired by the CONTRACTOR or by any other person perform- ing the Work at the site or furnishing materials and equip- ment for the Project, subject to an agreement under which an interest therein, or encumbrance thereon, is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. 26.3. The OWNER will, within ten days of presentation to him of an approved Progress Payment Document, pay the CONTRACTOR 90% of the amount approved by the ENGINEER. SECTION 27. APPROVAL OF PAYMENTS 27.1. The ENGINEER's approval of any payment requested in a Progress Payment Document shall constitute a repre- sentation by him to the OWNER, based on the ENGINEER's on site observations of the Work in progress as an exper- ienced and qualified design professional and on his review of supporting data, that the Work has progressed to the point indicated; that, to the best of his knowledge, infor- mation and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment the ENGINEER shall not thereby be deemed to have represented that he made exhaustive or continuous on -site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techni- ques, sequences, and procedures of construction or that he has made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price. -21- may furnish receipts or releases in full; an affidavit of the CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equip- ment bills, and other indebtedness connected with the Work for which the OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or supplier fails to furnish a release or receipt in full, the CONTRACTOR may furnish a bond satis- factory to the OWNER to indemnify him against any Lien. The Final Payment Document will be approved and signed by the CONTRACTOR prior to its submission to the OWNER. The OWNER will, within thirty days of presentation to him of an approved Final Payment Documents, pay the CONTRACTOR the amount approved by the ENGINEER. 28.4. If after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the CONTRACTOR, and the ENGINEER so confirms, the OWNER shall, upon certification by the ENGINEER, and without terminating the Agreement, make payment of the balance due for the portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipu- lated in the Agreement, and if Bonds have been furnished as required in Section 31, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. SECTION 29. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS 29.1. The CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by the OWNER to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor any correction of faulty or defective work by the OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents. 29.2. The making and acceptance of final payment shall constitute: 29.2.1. a waiver of all claims by the OWNER against the CONTRACTOR other than those arising.from unsettled -23- 31.2 A good and sufficient performance bond in the sum of not less than the full amount of the Contract, payable to the OWNER, as provided by law, shall be made and delivered to the OWNER by the CONTRACTOR within Ten (10) days after notice of award of Contract. The certified check or bid bond provided above shall be forfeited if the CONTRACTOR shall fail to provide the proper bond and enter into a contract as provided by law. SECTION 32. CONTRACTOR'S INSURANCE 32.1 The CONTRACTOR will purchase and maintain such insurance as will protect him from claims under workmen's compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal in- jury liability coverage; from claims for damages because of bodily injury, sickness or disease or death of any person other than his employees including claims insured by usual personal injury liability coverage; and from claims for injury to of destruction of tangible property, including loss of use resulting therefrom - any or all of which may arise out of or result from the CONTRACTOR'S operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insur- ance shall be written for not less than the limits of liability specified below or required by law, whichever is greater, and shall include contractual liability insurance. Before starting the work, the CONTRACTOR will file with the OWNER and ENGINEER certificates of such insurance, acceptable to the OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen (15) days prior written notice has been given to the OWNER and ENGINEER. 32.2 Public Liability Insurance - Bodily Injury Insurance in an amount of not less than $200,000 for acci- dental injury, including death, of any one person and not less than $500,000 on account of any one accident. Property Damage Insurance in an amount of not less than $100,000 for each accident.and $200,000 aggregate. 32.3 Automobile Insurance - Automobile Bodily Injury Insurance in the amount of $100,000 per person, and $300,000 per accident, and Property Damage Insurance in an amount of not less than $50,000 per accident covering him not only for the operation of automobiles owned or used -25- SECTION 36. OWNER'S RIGHT TO TERMINATE 36.1. If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtors' act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment of if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the Contract Documents, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety seven days' written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid bal- ance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a Change Order. 36.2. Where the CONTRACTOR's services have been so terminated by the OWNER, said termination shall not affect any rights of the OWNER against the CONTRACTOR then exist- ing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR will not release the CONTRACTOR from liability. 36.3. Upon seven days' written notice to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit. SECTION 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety days by the -27- the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. 39.2. All moneys not paid when due hereunder shall bear interest at the legal rate in force at the place of the Project. 39.3. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties,.guarantees and obligations imposed upon the CONTRACTOR by Sections 25 and 30 and the rights and remedies available to the OWNER and ENGINEER thereunder, shall be in addition to and not a limitation of any otherwise im- posed or available by law, by special guarantee or other provisions of the Contract Documents. 39.4. Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 39.5. The Contract Documents shall be governed by the law of the place of the Project. -29- TECH :ope of Work: STREETS to work under this contract shall consist of the installation of gravel ise, concrete curb and gutter and the con°---,truction of bituminous sur- iced streets. :fisting Site Conditions: .1 utilities; sanitary sewer and watermain have been installed by others. .1 manholes, valves boxes, catch basins, and storm sewer manholes have .en set approximately to proposed grade. fie existing surface on the streets has been brought approximately to b-grade by previous Contract. Additional required sub -grade prepara- .on shall be made in accordance with section 4 of these specifications. 3. Protection and Adjustment of Existing Utility Castings: The Contractor shall be responsible for the protection of and damage to all utilities including, but not limited to water valve boxes, manholes and catch basins. He shall also be responsible for cleaning,.repairing or replacement of same if damaged in this phase of construction. Adjustment of existing utility castings shall be made to finished grade, • prior to the paving operation. No additional compensation will be made for this adjustment, with the exception that if any manhole or catch basin casting mast be adjusted more than one foot, or if a concrete manhole section must be cut or removed and replaced, the work performed by the Contractor in making this additional adjustment is to be compensated for on a time and materials basis. If extensions are necessary to adjust water valve boxes to the proper finished grade, the extension will be furnished by the Owner, but no additional ccnpensation will be made for the labor involved in the installation of said extensions. 4. Specifications Which Apply: The specifications which shall apply to the construction of the work as shown in the plans shall be: Division II (Construction Details) and Division III (Materials) of the "Standard Specifications for Highway Construction", Minnesota Department of Highways, dated January 1, 1972, and to the extent that they are modified as follows: A. Earthwork: NM 2112, Subgrade Preparation, shall be modified as follows: (1) Required density shall be obtained by "ordinary oornpactien" method (mm 2105.3F2). (2) Basis of payment shall be: (a) Hours of equipment time used (NHD2123) B. Gravel Base: MHD 2211, Aggregate Base, shall be modified as follows: (1) Aggregate for the base shall be Class 5 gravel (3138). (2) Compaction shall be obtained by the "ordinary compaction" method (NM 2211.3C2) . (3) Basis for payment shall be: (a) Square yards of gravel base in place at depth indicated on proposal. C. Bituminous Surfacing: MHD 2331 and 2341, Plant Mixed Bituminous Surface (single aggregate type) shall be modified as follows: (1) Bituminous material for prime coat shall be (MC30 or W70) KM 3151.2B Medium Curing Liquid Asphalt. (2) Bituminous material for mixture shall be MHD 3151.2A Asphalt Cement, penetration (85-120). (3) Compaction of the bituminous mixture shall be by the 'ordinary compaction" method NM 2331.3H. (4) Basis of payment shall be: (a) Gallons of bituminous material used for prime coat. (b) Square yards of surfacing in place at the depth indicated on proposal sheet and shall include the material for mixture. D. Curb and Gutter: MEID 2531, Concrete Curb, Curb and Gutter, and Medians shall be modified as follows: (1) Air Content, Consistency and Minimum Strength Requirements for all Concrete: (a) The Contractor shall endeavor to maintain the air content within the range of 4-1/2% to 6-1/2%. Any concrete having an air content of less than 3% or greater, or greater than 8-1/2% will be rejected or removed and replaced. The Engineer may, however, elect to retain the in -place concrete and eliminate from the pay quantity, all concrete not meeting these specifications, but retained as part of the work. other concrete meeting these specifications, but having an air content of less than 3.8% or greater than 7.2%, shall be paid for at adjusted unit prices in accordance with MHD Specification 2461.4A4b. (b) The Contractor shall endeavor to maintain the slump of the concrete at fran 2 to 3 inches. Concrete having a slump less than 1-1/4 inches or greater than 4 inches shall be rejected or removed and replaced, or retained, but eliminated from the pay quantity as elected by the Engineer. The minimum strength for concrete to be incor- porated into curb and gutter shall be 3,900 pounds per square inch compressive strength. Concrete test cylinders shall be taken by the Inspector and the testing of these cylinders shall be paid for by the Contractor. One test cylinder shall be cast for each 500 feet of curb installed, or a minimum of one cylinder per day shall be cast, which- ever is greater (2) Bituminous jointing material shall not be required as stipulated in MRD 2531.3H. (3) Oil surface treatment will be applied to all weather exposed concrete surfaces. (4) Backfilling: (a) All forms shall remain in place until equipment, materials and labor are available for placing backfill material on both sides of the concrete. Immediately after stripping forms, the backfill shall be placed and compacted in such a manner to prevent washing out and settlement and any other damage caused by subsequent operations. The Owner shall, in no way, be responsible for any damage for any reason whatsoever until the final acceptance of the work. (5) Driveway Openings: (a) The Contractor shall, in the locations designated by the Owner, construct the driveway opening as shown on the detailed plan attached to this specifications. (b) The concrete apron entrances shall be paid for on a square foot basis and shall be measured from the curve points and from the face of the gutter section (26 inches from back of curb). The measurement for concrete curb and gutter in these cases will not extend through the apron section, but will end at the curve points. (6) Basis of payment shall be: (a) Lineal feet of each design constructed. (b) Square feet of concrete driveway apron. Water: NM 2130, Application of Water, shall be modified as follows: