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77-5 - Sunnyslope Addition SUB pt 2Aanenson, Kate yr From: White, Daniel [DWhite@Briggs.com] Sent: Thursday, September 27, 2012 12:38 PM To: Aanenson, Kate Subject: RE: Sunnyslope Kate Since I may have questions for you during the review, I can wait till you get back (presumably the following week). I just did not want to delay your process, so I am trying to fit in my schedule at the earliest convenience. Best, Dan From: Aanenson, Kate [mailto:kaanenson(cbci chanhassen mn us] Sent: Thursday, September 27, 2012 12:35 PM To: White, Daniel Subject: RE: Sunnyslope Daniel, I am out of the office next week. Let me know when you are coming and I will have the file made available to you. Kate From: White, Daniel [maiIto: DWhite@Briggs. com] Sent: Thursday, September 27, 2012 12:08 PM To: Aanenson, Kate Subject: Sunnyslope Kate: Is there any day or time early next week that is best for me to come over and review your records? Best regards, Daniel M. White. Attorney ht BRIGGS ORGAI�E' i Briggs and Morgan, P.A. Direct 612.977.8639 Fax 612.977.8650 dwhite(ft igqs.com 2200 IDS Center I 80 South 8th Street I Minneapolis, MN 55402 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messap-elabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://wtivw.messap-elabs.com) CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. 1f you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) Aanenson, Kate From: White, Daniel [DWhite@Briggs.com] Sent: Wednesday, September 19, 2012 2:38 PM To: Aanenson, Kate Subject: RE: Sunnyslope Kate: 1100 works for me. Dan From: Aanenson, Kate[maiIto: kaanenson@ci.chanhassen.mn.us] Sent: Monday, September 17, 2012 8:17 AM To: White, Daniel Subject: RE: Sunnyslope Daniel, Friday morning work for me. Let me know a time that works for you. Kate Kathryn Aanenson, AICP Community Development Director City of Chanhassen 952-227-1139 "Providing for Today and Planning for Tomorrow" From: White, Daniel [mailto:DWhiteC5)Briggs.com] Sent: Friday, September 14, 2012 5:41 PM To: Aanenson, Kate Subject: Sunnyslope Ms. Aanenson: My apologies, but I am not going to be able to make our call on Monday. Work conflicts. Can we reschedule for Friday morning? Best regards, Daniel M. White Attorney Briggs and Morgan, P.A. Direct 612.977.8639 Fax 612.977.8650 dwhite@briggs.com 2200 IDS Center 1 80 South 8th Street I Minneapolis, MN 55402 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://Nvww.messagelabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://wtivw.messagelabs.com) Aanenson, Kate From: White, Daniel [DWhite@Briggs.com] Sent: Friday, September 14, 2012 5:41 PM To: Aanenson, Kate Subject: Sunnyslope Ms. Aanenson: My apologies, but I am not going to be able to make our call on Monday. Work conflicts. Can we reschedule for Friday morning? Best regards, Daniel M. White Attorney Briggs and Morgan, P.A. Direct 612.977.8639 Fax 612.977.8650 dwhite@briggs.com 2200 IDS Center 1 80 South 8th Street I Minneapolis, MN 55402 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://w-w,",,.messapelabs.com) Aanenson, Kate From: White, Daniel [DWhite@Briggs.com] Sent: Wednesday, July 11, 2012 1:02 PM To: Aanenson, Kate Subject: RE: Sunnyslope: PUD amendment Kate Ok. Could send me a list of the non -conforming uses that would be created by the proposed amendment (namely, non- conforming uses that do not exist under the current zoning). if the planning staff has not done such an analysis, please let me know. Either way it will assist me in determining what leg work, if any, I need to do here. Dan From: Aanenson, Kate[mailto:kaanenson@ci.chanhassen.mn.us] Sent: Tuesday, July 10, 2012 4:51 PM To: White, Daniel Subject: RE: Sunnyslope: PUD amendment This is an open house, there is no formal presentation. Everything that will be at the meeting tonight is on the city's web site. The planning staff wants to answers any questions that residents may have. Here is the link to the web site: http://mn-chanhassen2.civicPlus.com/index.aspx?NID=768 Please feel to contact me with any questions. Kate Kathryn Aanenson, AICP Community Development Director City of Chanhassen 952-227-1139 "Providing for Today and Planning for Tomorrow" From: White, Daniel [mailto:DWhite _: Brijgs.com] Sent: Tuesday, July 10, 2012 4:44 PM To: Aanenson, Kate Subject: Sunnyslope: PUD amendment Importance: High Ms. Aaneson: Unfortunately I will be unable to attend tonight's meeting regarding the PUD/Sunnyslope matter. Please forward me any written materials or presentations you may have. Additionally, I would like to schedule some time to speak with you (or an appropriate staff member) about the proposed changes. Thank you for your attention to this matter. Best regards, Daniel M. White Attorney BRIGGS go M O R G A N Briggs and Morgan, P.A. Direct 612.977.8639 Fax 612.977.8650 dwhite(ftriaos.com 2200 IDS Center 1 80 South 8th Street I Minneapolis, MN 55402 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (littn://ww-w.messaaelabs.com) CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) Aanenson, Kate From: White, Daniel [DWhite@Briggs.com] Sent: Monday, December 10, 2012 3:47 PM To: Aanenson, Kate Subject: Re: Sunnyslope I am at an appointment. May not make 4:30. If not, I will shoot for tomorrow. Daniel M. White On Dec 10, 2012, at 3:41 PM, "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us> wrote: > Great I have a city council meeting tonight but am available until 4:30. > -----Original Message ----- > From: White, Daniel [mailto:DWhite@Briggs.com] > Sent: Monday, December 10, 2012 3:01 PM > To: Aanenson, Kate > Subject: Re: Sunnyslope > Kate: > I have been underwater the last month. I may be able stop by this afternoon. > Daniel M. White > On Nov 19, 2012, at 10:53 AM, "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us> wrote: >> Dan, >> I was wondering if you had some time to come in and review the Sunnyslope files? >> Kate >> -----Original Message ----- >> From: Aanenson, Kate >> Sent: Wednesday, October 24, 2012 8:11 AM >> To: 'White, Daniel' >> Subject: RE: Sunnyslope >> Dan, >> I am available next week on Mon, Tues, or Wed late afternoon or Thur or Fri morning. >> Kate >> -----Original Message ----- >> From: White, Daniel [mailto:DWhite@Briggs.com] >> Sent: Tuesday, October 23, 2012 6:04 PM >> To: Aanenson, Kate >> Subject: Re: Sunnyslope >> Kate: >> Is there a good day next week to stop by? I >> Daniel M. White >> On Sep 27, 2012, at 12:41 PM, "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us><mailto:kaanenson@ci.chanhassen.mn.us>> wrote: >> Thanks Dan. I check back with you when I get back in the office, the second week in October. >> Kate >> From: White, Daniel [mailto:DWhite@Briggs.com] >> Sent: Thursday, September 27, 2012 12:38 PM >> To: Aanenson, Kate >> Subject: RE: Sunnyslope >> Kate: >> Since I may have questions for you during the review, I can wait till you get back (presumably the following week). I just did not want to delay your process, so I am trying to fit in my schedule at the earliest convenience. >> Best, >> Dan >> From: Aanenson, Kate [mailto:kaanenson@ci.chanhassen.mn.us] >> Sent: Thursday, September 27, 2012 12:35 PM >> To: White, Daniel >> Subject: RE: Sunnyslope >> Daniel, >> I am out of the office next week. Let me know when you are coming and I will have the file made available to you. >> Kate >> From: White, Daniel [mailto:DWhite@Briggs.com] >> Sent: Thursday, September 27, 2012 12:08 PM >> To: Aanenson, Kate >> Subject: Sunnyslope >> Kate: >> Is there any day or time early next week that is best for me to come over and review your records? >> Best regards, >> Daniel M. White >> Attorney >> <image001.gif> >> Briggs and Morgan, P.A. >> Direct 612.977.8639 >> Fax 612.977.8650 2 >> dwhite@briggs.com<mailto:jdoe@briggs.com> >> 2200 IDS Center 1 80 South 8th Street I Minneapolis, MN 55402 >> CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. >> If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. >> _ _ This email has been scanned for all viruses by the MessageLabs >> SkyScan service. (http://www.messagelabs.com) >> _ _ This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) >> CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. >> If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. >> _ _ This email has been scanned for all viruses by the MessageLabs >> SkyScan service. (http://www.messagelabs.com) >> _ _ This email has been scanned for all viruses by the MessageLabs >> SkyScan service. (http://www.messagelabs.com) >> CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal C or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. >> If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. > CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. > If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s)..It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. 4 Aanenson, Kate From: White, Daniel [DWhite@Briggs.com] Sent: Monday, December 10, 2012 3:01 PM To: Aanenson, Kate Subject: Re: Sunnyslope Kate: I have been underwater the last month. I may be able stop by this afternoon. Daniel M. White On Nov 19, 2012, at 10:53 AM, "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us> wrote: > Dan, > I was wondering if you had some time to come in and review the Sunnyslope files? > Kate > -----Original Message ----- > From: Aanenson, Kate > Sent: Wednesday, October 24, 2012 8:11 AM > To: 'White, Daniel' > Subject: RE: Sunnyslope > Dan, > I am available next week on Mon, Tues, or Wed late afternoon or Thur or Fri morning. > Kate > -----Original Message ----- > From: White, Daniel [mailto:DWhite@Briggs.com] > Sent: Tuesday, October 23, 2012 6:04 PM > To: Aanenson, Kate > Subject: Re: Sunnyslope > Kate: > Is there a good day next week to stop by? > Daniel M. White > On Sep 27, 2012, at 12:41 PM, "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us><mailto:kaanenson@ci.chanhassen.mn.us>> wrote: > Thanks Dan. I check back with you when I get back in the office, the second week in October. > Kate > From: White, Daniel [mailto:DWhite@Briggs.com] > Sent: Thursday, September 27, 2012 12:38 PM > To: Aanenson, Kate > Subject: RE: Sunnyslope 5 > Kate: > Since I may have questions for you during the review, I can wait till you get back (presumably the following week). I just did not want to delay your process, so I am trying to fit in my schedule at the earliest convenience. > Best, > Dan > From: Aanenson, Kate[mailto:kaanenson@ci.chanhassen.mn.us] > Sent: Thursday, September 27, 2012 12:35 PM > To: White, Daniel > Subject: RE: Sunnyslope > Daniel, > I am out of the office next week. Let me know when you are coming and I will have the file made available to you. > Kate > From: White, Daniel [mailto:DWhite@Briggs.com] > Sent: Thursday, September 27, 2012 12:08 PM > To: Aanenson, Kate > Subject: Sunnyslope > Kate: > Is there any day or time early next week that is best for me to come over and review your records? > Best regards, > Daniel M. White > Attorney > <image001.gif> > Briggs and Morgan, P.A. > Direct 612.977.8639 > Fax 612.977.8650 > dwhite@briggs.com<mailto:jdoe@briggs.com> > 2200 IDS Center 1 80 South 8th Street Minneapolis, MN 55402 > CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. > If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. 6 > _ This email has been scanned for all viruses by the MessageLabs > SkyScan service. (http://www.messagelabs.com) > _ This email has been scanned for all viruses by the MessageLabs > SkyScan service. (http://www.messagelabs.com) > CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. > If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) > CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. > If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. Aanenson, Kate From: White, Daniel [DWhite@Briggs.com] Sent: Tuesday, October 23, 2012 6:04 PM To: Aanenson, Kate Subject: Re: Sunnyslope Kate Is there a good day next week to stop by? Daniel M. White On Sep 27, 2012, at 12:41 PM, "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us><mailto:kaanenson@ci.chanhassen.mn.us>> wrote: Thanks Dan. I check back with you when I get back in the office, the second week in October. Kate From: White, Daniel [mailto:DWhite@Briggs.com] Sent: Thursday, September 27, 2012 12:38 PM To: Aanenson, Kate Subject: RE: Sunnyslope Kate: Since I may have questions for you during the review, I can wait till you get back (presumably the following week). I just did not want to delay your process, so I am trying to fit in my schedule at the earliest convenience. Best, Dan From: Aanenson, Kate [mailto:kaanenson@ci.chanhassen.mn.us] Sent: Thursday, September 27, 2012 12:35 PM To: White, Daniel Subject: RE: Sunnyslope Daniel, I am out of the office next week. Let me know when you are coming and I will have the file made available to you. Kate From: White, Daniel [mailto:DWhite@Briggs.com] Sent: Thursday, September 27, 2012 12:08 PM To: Aanenson, Kate Subject: Sunnyslope Kate: Is there any day or time early next week that is best for me to come over and review your records? 9 Best regards, Daniel M. White Attorney <image001.gif> Briggs and Morgan, P.A. Direct 612.977.8639 Fax 612.977.8650 dwhite@briggs.com<mailto:jdoe@briggs.com> 2200 IDS Center 1 80 South 8th Street Minneapolis, MN 55402 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for 10 transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re -transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney -client or work -product privilege. 11 SPECIFICATIONS for STREETS SUNNYSLOPE ADDITION in CHANHASSEN, MINNESOTA for ALLEN GRAY I hereby certify that these specifications were prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under tha laws of the State of Minnesota. W1111am J. Bre nsky, ., Reg No 9989 Dated: .20 /9,M Not published; all rights reserved. PROJECT SPECIAL CONDITIONS GENERAL SECTION A A-1 SCOPE OF CONTRACT The work under this contract shall include bituminous street, con- crete curb -and gutter, drainage facility and related work. A-2 TIME SCHEDULE The Contractor shall begin work within five (5) days of award of the contract. The Contractor shall diligently prosecute work to comple- tion on or before November 15, 1980. Failure to comply with the above mentioned completion date shall re- sult in deduction of liquidated damages in the amount of ONE HUNDRED DOLLARS ($100.00) per calender day from monies due or coming to the Contractor. A-3 OWNER The Owner for this project is Allen Gray, 5100 Eden Avenue, Minneapolis, Minnesota 55436, Tel. 922-7799. A-4 BASIS OF PAYMENT The basis of payment for the work covered by these specifications shall be the Contractor's bid unit price, which shall be compensation in full for all costs of materials including sales tax, labor, benefits, equip- ment, fuel, tools, profit, overhead and other expenses of the Contractor for completing the work in accordance with the plans and specifications. A-5 CONTRACTOR'S SUPERVISION The Contractor's organization shall provide a foreman or superintendent on 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. A-6 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 their own measurements and familiarize themselves fully as to the extent of the work and facilities and difficulties in connection therewith. No consideration shall be given for extra work due to the Contractor's negligence of these instructions, nor because of failure to acquire vital information necessary for the intelligent preparation of this proposal. In the event any item of plans and specifications is not clearly understood by the bidder, he shall request clarification from the Engineer prior to submitting his bid. A-6 FAMILIARTY WITH THE SITE, PLANS AND SPECIFICATIONS - CONT. 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 the requirements of the Contract Documents. A-7 PERMITS In addition to the bid bond, and maintenance bond referred to elsewhere in these Project Special Conditions and General Conditions, the Contractor shall provide any permit required by the City of Chanhassen in connection with the permit applied for by the Owner. He shall also be responsible for any Municipal, County, State, or Federal fees or licenses required for his operation. A-8 INSPECTION AND STAKING Inspection and staking will be by Suburban Engineering, Inc. or their authorized representative. The Contractor shall inform the Engineer of the need for construction stakes sufficiently in advance of the con- struction schedule to allow proper and unhurried work. The first set of stakes for the entire project shall be furnished at the Owner's expense. Any restaking.for any reason whatsoever shall be at the ex- pense of the Contractor and the Engineer's fees for this restaking shall be deducted from the final payment. PROJECT SPECIAL CONDITIONS STREET CONSTRUCTION SECTION C C-1 SPECIFICATIONS WHICH APPLY The "Standard Specifications for Highway Construction", Minnesota Department of Transportation, dated January 1, 1978 shall apply, except as modified in these Specifications. The Contractor shall keep a copy of all applicable plans and specifications on the pro- ject site. C-2 EXISTING UTILITIES The Contractor shall, prior to any phase of the work, ascertain the location and condition of any and all private or public utilities within the limits of work site. He shall be held responsible for any and all damage and the repair or replacement of such damage. In particular, the Contractor shall be informed on the existence and location of natural gas piping, telephone cables, electric power lines, storm sewer castings and water mains, valves and shut off boxes. C-3 SUBGRADE PREPARATION Subgrade preparation shall entail the final shaping and compacting of the subgrade to within ± 0.05 feet of the proposed subgrade el- evation and cross section. The existing subgrade consist of a 6-12 inch thick modified Class 5 II gravel section underlain by native soils. Unstable sections shall be Icorrected by placement of additional modified Class 5 gravel as required. Required subgrade density shall be obtained by the "ordinary compaction f method" (MnDOT Spec. 2105.3F2) The basis of payment, per square yard of subgrade prepared shall be compensation for all costs in preparing the subgrade as specified except that expenses incurred for additional modified Class 5 gravel will be for separately as provided for in Paragraph C-4. C-4 GRAVEL BASE CONSTRUCTION The gravel pavement base shall consist of modified Class 5, 100 percent crushed quarry stone with the following gradation: Sieve Size Percent Passing 2" 100 1 1/2" 95-100 1" 60-85 0 1/2" 30-65 #4 20-50 #10 15-40 #200 3-10 I C-4 GRAVEL BASE CONSTRUCTION='CONT. All modified Class 5 gravel shall be placed and compacted by the "Ordinary Compaction Method." Payment, per ton, shall be compensation in full for all costs of furnishing materials, placement and compacting the base as specified. Payment shall include any excavation of unstable subgrade materials encountered. C-5 BITUMINOUS CONSTRUCTION The bituminous base and wearing courses for this project shall consist of plant mix bituminous at the thicknesses shown on the typical sections in the plans.. Basis of payment shall be per bid price per square yard of each bituminous base and bituminous wear course compacted in place, and payment shall in- clude both the cost of furnishing and placing bituminous mixture. C-6 DESIGN MIX FOR BITUMINOUS MIXTURE Prior to placing any bituminous wearing mixture the Contractor shall furnish the Engineer with a design mix formula. This formula shall list the aggregate gradation, asphalt content, marshall density, marshall stability, flow and percent air voids of the mix to be furnished. These properties shall be within the following limits: Aggregate Gradation Asphalt Content Marshall Stability Flow Percent Air Voids Conform to MHD 2341 Conform to MHD 2341 500 lb. minimum 8-18 3-5 During the construction the Engineer shall periodically take cores to determine the density of the mix being placed. If these densities indicate that the quality of the mix might not meet the requirements above, the Engineer may order an independent testing laboratory to take marshall stability samples. These samples shall be taken from the mix as delivered to or placed on the project and shall be compacted by the same method as the original design mix. If the average of a series of such tests indicates the stability to be less than 550 lbs. the Engineer may require that the mix formula be adjusted to meet the above require- ments if paving operations are to continue. C-7 CURB AND GUTTER The type of curb for this project shall be as shown on the Plans. Concrete curb and gutter shall be constructed in accordance with Minnesota Department of Transportation Specification 2531 except as modified in the plans and Specifications herein. Membrane curing will be permitted if the Contractor maintains sufficient plastic covering on the project to protect a minimum of one (1) hour's pour. Oil surface treatment shall not be used. All curbs shall be back - filled as soon as possible without causing damage to the curb. Curb backfill to have a minimum of 4" topsoil. The cost of backfilling and subcut operations required for curb and gutter shall be considered incidental to the cost per lineal foot of curb and gutter. C-8 CONCRETE The concrete for the curb and gutter shall conform to MDOT 2461, mix designation as specified in MnDOT 2531. Test cylinders for compression testing shall be provided by the Contractor. The cylinders will nor- mally be taken by -the Project -Representative. All costs of breaking the cylinders shall be borne by the Contractor. C-9 BALE HAY OR STRAW BARRIERS Bale hay or straw barriers for erosion control shall be installed at the locations and in the manner shown unless otherwise directed by the Engineer. Such barriers shall remain in place until, in the opinion of the Engineer, the turf is established. C-10 RIP -RAP AND FILTER BLANKET Rip -rap and filter blanket material and installation shall be in ac- cordance with Minnesota Department of Transportation Specification No's. 2511 and 3601. Payment for rip -rap and filter blanket at the Contract prices for each type and class shall be compensation in full for all costs of furnishing the required materials, excavating and preparing the foundations and placing the rip -rap stone and filter blanket material as specified. C-11 POND AND SWALE EXCAVATION The lump sum payment for pond and swale excavation shall be compen- sation in full for all costs constructing the pond and swales as shown on the plans except that seeding and sodding will be compensated for at the appropriate unit prices. C-12 SEEDING AND SODDING Disturbed boulevard areas shall be seeded using MnDOT seed mixture #5 f applied at a rate of 75 pounds per acre. Payment, per acre, shall be compensation for seed, seeding, black dirt and maintenance. Sod shall be densely rooted blue grass or other approved grasses. Sod shall be pressed into the underlying topsoil by rolling or tamping. Pegging of sods may be required by the Engineer in drainage swales with- out additional compensation. Sodding, per square yard, will be com- pensation for sod, laying, black dirt, pegging (if needed) and main- tenance. Topsoil shall be pulverized black dirt acceptable to the Engineer and shall be spread to a thickness of 3-inches prior to seeding.or sodding. 0 11 11_ TABLE OF CONTENTS . GENERAL C ND N CONTRACT SECTION SUBJECT PAGE 1 DEFINITIONS 1 2 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS 2 3 INTENT OF PLANS AND SPECIFICATIONS 2 4 BONDS 2 5 GUARANTEE 2 6 CONTRACTOR'S INSURANCE 2 7 PERMITS, LICENSES AND REGULATIONS 4 8 ASSIGNMENT 4 9 SUBCONTRACTORS 4 10 LANDS FOR WORK 4 11 DESIGN, DRAWINGS AND INSTRUCTIONS 4 12 VERBAL AGREEMENTS 4 13 SUBSOIL CONDITIONS 4 14 SURVEYS 5 15 COPIES OF DRAWINGS FURNISHED 5 16 OWNERSHIP OF DRAWINGS AND MODELS 5 17 DISCREPANCIES, ERRORS, OMISSIONS 5 18 SEPARATE CONTRACTS 5 19 RIGHTS OF VARIOUS INTEREST 5 20 SELECTION OF EQUIPMENT BY OWNER 5 21 MATERIALS AND APPLIANCES 5 22 ROYALTIES AND PATENTS 6 23 ENGINEER'S STATUS 6 24 ENGINEER'S DECISIONS 7 25 INSPECTION OF WORK 7 26 ORDER OF COMPLETION 7 27 SUPERINTENDENCE 7 28 CHANGES IN THE WORK 8 29 VARIATION IN NUMBER OF UNITS 8 30 FORCE ACCOUNT WORK 8 31 SUSPENSION OF WORK 9 32 THE OWNER'S RIGHT TO TERMINATE CONTRACT 9 33 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 9 34 REMOVAL OF EQUIPMENT 10 35 DAMAGES 10 36 CLAIMS FOR EXTRA COST 10 37 CLAIMS AND LIENS 10 38 EXTENSION OF TIME 10 39 LIQUIDATED DAMAGES 11 40 ARBITRATION 11 41 PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY 11 42 EMERGENCY WORK 12 43 USE OF COMPLETED PORTIONS 12 44 CONTRACTOR'S RESPONSIBILITY FOR WORK 12 45 PREPARATION OF PAYMENT DOCUMENTS 12 46 PARTIAL PAYMENTS 12 47 PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK 12 48 ERRORS IN PAYMENT 13 49 CLEANING UP AND SURFACE RESTORATION 13 50 CORRECTION OF CONSTRUCTION BEFORE FINAL PAYMENT 13 51 FINAL PAYMENTS 13 -4- 8- 79 GENERAL CONDITIONS OF CONTRACT Section 1. DEFINITIONS: a. The Owner, the Contractor and the Engineer are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. b. OWNER: A Public body or Authority, Corporation, Association, Partnership or Individual for whom the work is to be performed. C. ENGINEER: Engineer for the Owner, acting personally or through any assistants duly authorized for such act by the Engineer. d. PROJECT REPRESENTATIVE: An Authorized representative of the Engineer assigned to provide periodic observation of the work. e. CONTRACTOR: The individual, proprietorship, partnership, or corporation executing a contract, acting directly or through his lawful agents or em- ployees, who is primarily liable for the acceptable performance of the work for which he has contracted, and also for the payment of all legal debts pertaining to the work. f. SUBCONTRACTOR: An individual, proprietorship, partnership or corporation having a direct contract with the Contractor, including one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. g. SUPERINTENDENT: The executive representative for Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. h. CITY OR MUNICIPALITY: The Governmental unit having jurisdiction over the premises. May also be Owner. i. WORKING DAY: A calendar day, exclusive of Saturdays, Sundays, and State recog- nized legal holidays, on which weather and other conditions not under the con- trol of the Contractor will permit construction operations to proceed for at least 2 hours of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. J. CONTRACT DOCUMENTS: The Contract documents shall consist of Proposal Form, Form of Agreement, General Conditions of Contract, Plans, Specifications, Special Provisions, and Addendum thereto and Performance Bond. It shall also include where applicable the Advertisement or Notice to Bidders and Instruction to Bidders. J (a) WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: The Contractor shall carry Workmen's Compensation Employer's Liability Insurance covering him for all of his obligations under the Workmen's Compensation Act of this state and shall require each Subcontractor to do likewise. (b) PUBLIC LIABILITY INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Bodily Injury and Property Damage Insurance as shall protect him for damages for bodily injury, indluding death, as well as for claims for property damage which may arise from operations under this Contract including coverage for damage caused by blasting or'explosion, collapse or structural injury to buildings or structures and damage to underground facilities. (c) AUTOMOBILE INSURANCE: The Contractor shall take out and maintain during the life of this Contract, Automobile Bodily Injury Insurance, Property Damage Insurance covering him not only for the operation of automobiles owned or used by him, but automobiles hired by him, and Non -Ownership Coverage as respects automobiles of employees. (d) OWNER'S PROTECTIVE INSURANCE: The Contractor shall obtain and pay for Owner's Protective Insurance, issued in the name of the Owner and Engineer which shall pay on behalf of the insured all sums which the in- sured shall become legally obligated to pay as damages because of injury to the person or destruction of property sustained by any person, caused by accident and arising from operations during this Contract. Appropriate insurance certification as specified, shall be provided prior to start of work on the project. The limits of liability of the insurance required shall be as follows: Contractor's Public Liability and Property Damage Bodily Injury: Each person $ 500,000.00 Each accident $1,000,000.00 Property Damage: Each accident $ 500,000.00 Aggregate $1,000,000.00 Automobile Public Liability and Property Damage Bodily Injury: Each person $ 500,000.00 Each accident $1,000,000.00 Property Damage: Each accident $ 100,000.00 The insurance coverage shall include the following as named insured under the Contractor's policy: (a) The municipality in which the work is to be performed; (b) The Owner, as defined herein; I� (c) Suburban Engineering, Inc. - a Minnesota Corporation r -3- Section 14. SURVEYS: The Engineer will furnish and set stakes as may be necessary for the Contractor in order that he may construct the work to the proper grade and alignment. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Section 15. COPIES OF DRAWINGS FURNISHED: Unless otherwise provided in the Contract Documents, the Engineer will furnish to the Contractor, free of charge, four copies of drawings and specifications for the execution of the work. Additional copies, if needed, may be obtained at cost of reproduction. Section 16, OWNERSHIP OF DRAWINGS AND MODELS: All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. Section 17. DISCREPANCIES, ERRORS, OMISSIONS: If the Contractor, in the course of t"e work, finds any discrepancy between the plans and the physical conditions of the locality, or any errors or omissions in plans or in the lay- out as given by survey points and instructions, he shall immediately inform the Engineer, in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. Section 18. SEPARATE CONTRACTS: The Owner reserves the right to let other contract i cns contracts with this work. The Contractor shall afford other con- tractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and co-ordinate his work with theirs. Section 19. RIGHTS OF VARIOUS INTEREST: Wherever work being done by the Owners o� or by other Contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be est- ablished by the Engineer, to secure the completion of the various portions of the work in general harmony. Section 20. SELECTION OF EQUIPMENT BY OWNER: If the Owner or his agent selects equipment to be installed or reserves the sole right to select equip- ment to be installed, Contractor shall be responsible only for its installation according to plans and specifications and manufacturer's instructions, and shall not be held responsible for its operating performance. Section 21. MATERIALS AND APPLIANCES: Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equip- ment, light, power, transportation and other facilities necessary for the exe- cution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality. Identical products installed on the job shall be by the same manufacturer and the same model or style. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. -5- (b) RESIDENT PROJECT REPRESENTATIVE: The Resident Project Representa- tive is a representative of the Owner. He is under the authority and super- vision of the Engineer. It is his duties to observe the workmanship and materials of the Contractor to see that the plans and specifieations are followed. He has the same authority as the Engineer except that he may not make changes in either the plans or specifications. He has the authority to stop the work whenever such stoppage is necessary to the proper execu- tion of the Contract. He then will immediately contact the Engineer to get a decision on proceeding. I€ the Contractor continues to work after being told by the Resident Project Representative to suspend work, he does so at his own risk and any such work may be ordered redone at the Contractor's expense. Section 24. ENGINEER'S DECISIONS: The Engineer shall, upon presenta- tion to him, make prompt decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and pro- gress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final, except in cases where time and/or financial considerations are involved, which if no agreement in regard thereto is reached, shall be subject to arbitration. Section 25. INSPECTION OF WORK: The Owner shall provide sufficient competent engineering personnel for the observation of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for in- spection, and if the inspection is by another authority than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly re4 stored at the Contractor's expense. Section 26. ORDER OF COMPLETION: The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with proposed starting and completion dates of the various parts of the work. l Section 27. SUPERINTENDENCE: The Contractor shall have'a competent superintendent on the job site during any construction operations. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Important directions shall immediately be confirmed in writing to the Contractor. Other directions shall be confirmed on written request in each case. The Contractor r shall give sufficient superintendence to the work, using his best skill and attention. The Contractor shall at all times enforce strict discipline and good order It among his employees, and shall seek to avoid employing on the work any unfit person or anyone not skilled in the work assigned to him. -7- (c) The cost of the work done each day shall be submitted to the Engineer in a satisfactory form on the succeeding day, and shall be ap- proved by him or adjusted at once. Section 31. SUSPENSION OF WORK: The Owner may at any time suspend the work, or any part thereof, for a stipwlated time by giving 30 days notice to the Contractor in writing. The work shall be resumed by the Contractor within 30 days after the date fixed in the written notice from the Owner to the Contractor to do so. The Owner shall reimburse the Con- tractor for expense incurred by the Contractor in connection with the work under this Contract as a result of such suspension. Section 32. THE OWNER'S RIGHT TO TERMINATE CONTRACT. If the Con- tractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time are provided, to supply enough properly skilled workman, equipment, or proper materials, or if he should fail to make prompt payments to Sub- contractors or for material or labor, or persistently disregard laws, or ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon the written notice of the Engineer that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after Jiving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon 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 balance of the contract price shall exceed the expense of finishing the work, including compensation for addi- tional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner herein provided, and the damage incurred through the Contract- or's default, shall be determined by the Engineer. Where the Contract has been terminated by the Owner, said termination shall not affect or terminate any of the rights of the Owner as against the Contractor or his surety then existing or which may thereafter accrue because of such default. Any retention or payment of moneys by the Owner due the Contractor under the terms of the Contract shall not release the Contractor or his surety from liability for his default. Section 33. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: If the Engineer should fail to issue any estimate for payment within ten days after it is due, or if the Owner should fail to pay the Contractor with- in 30 days of its presentation of any sum certified by the Engineer or awarded by arbitrators, then the Contractor may, upon seven days written notice to the Owner and the Engineer, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials plus reasonable profit and damages. 10 (b) The Contractor shall notify the Engineer within 14 calendar days of any occurrence which in the Contractor's opinion entitles him to an ex- tension of time for completion. Such notice shall be in writing. Unless the Engineer notifies the Contractor in writing within 7 calendar days of receipt of such notification from the Contractor that such extension of time will not be granted, or will be granted only in part, the full extension of time claimed by the Contractor will be deemed to have been denied. Should the Engineer deny, in whole or in part, the Contractor's claim for an extension of time, such denial shall be arbitrable under the provisions of Section 40 hereof. Section 39. LIQUIDATED DAMAGES: The Contractor agrees that he can and will complete the work within the time limit specified. Further, the Con- tractor agrees that damages to the Owner from non -completion will be difficult to assess, and therefore agrees to pay the Owner a daily rate of $150.00 per calendar day after the specified completion day to be considered payment for the Owner's damages. Said payment will be deducted, in so far as possible, from any monies due the Contractor and the Contractor shall be liable for the remainder. Section 40. ARBITRATION: All disputes, claims or questions subject to arbitration under this contract shall be submitted to arbitration in accordance with provisions, then obtaining, of the Commercial Arbitration Rules of the American Arbitration Association, and this Agreement shall be specifically endiorceable under the prevailing arbitration law, and judgement upon the award rendered may be entered in the court or Forum, State or Federal, havang juris- diction. A decision of the arbitrators shall be a condition precedent to any right or legal action either party may have against the other. The Contractor shall not cause a delay of the work because of the pend- ency of arbitration proceedings except with the written permission of the Engineer and then only until the arbitrators shall have an opportunity to determine whether or not the work shall continue until they decide the matters in dispute. Notice of the demand for arbitration of a dispute shall be filed in writing with the Engineer and the other party to the Contract. If the arbitration is an appeal from the Engineer's decision, demand shall be made within 10 days of its receipt. In any other case the damand for arbitration shall be made within a reason- able time after the dispute has arisen. In no case shall a demand be made later than the time of final payment except as otherwise expressly stipulated in the Contract Documents. The arbitrators, if they deem the case requftes it, are authorized to award to the party whose contention is sustained such sums as they or a majority of them shall deem proper to compensate for the time and expense incident to the proceedings, and if the arbitration was demanded without reasonable cause, they may also award damages for delay. The arbitrators shall assess the costs and charges of the proceedings upon either or both parties. Section 41. PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY. The Con- tractor shall provide and maintain all necessary watchmen, barricades, red lights, and warning signs and take all necessary precautions for the protection of the public. He shall continously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect property from in- jury or loss arising in connection with this Contract. He shall make good any damage, injury or loss to his work and to property resulting from lack of reason- able protective precautions, except such as may be due to errors in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately protect adjacent private and public property, as provided by Law and the Contract Documents. -11- (c) Failure of the Contractor to make payments properly to Sub -contractors or for material or labor. (d) Damage to another Contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner which will protect the Owner in the amount with- held, payment shall be made for amounts withheld because of them. Section 48. ERRORS IN PAYMENT: No certificate issued nor payment made nor partial nor entire use or occupancy of the work by the Owner shall be ac- ceptance of any part of the work or materials not in accordance with the Contract. Section 49. CLEANING UP AND SURFACE RESTORATION: 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. Unless stated specifically to the contrary in the Special Provisions, the Contractor shall replace all surface material and shall restore paving, curbing, sidewalks, gutters, fences, sod and other items disturbed, to a condition equal to that before the work began, furnishing all labor, materials and equipment necessary to do this work. No permanent paving shall be placed within thirty (30) days after back -filling is completed, except by order of the Engineer. Traveled streets shall be kept open and maintained by the Contractor after backfilling and before surfacing or final inspection. Section 50. CORRECTION OF CONSTRUCTION BEFORE FINAL PAYMENT: The Con- tractor shallpromptlyremove from the premises all construction condemned by the Engineer as failing to meet Contract Requirements. The Contractor shall promptly replace and re -execute this construction in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials as promptly as possible, after written notice, the Owner may remove them and store the material at the expense of the Contractor. Section 51. FINAL PAYMENTS: When the pleted, the Engineer may, at his option, issu icate for the full value of the work, from wh equal to twice the Engineer's estimate of the shall be paid by the Owner in like manner as Final payment for the completed work shall be the acceptance of the entire job as evidenced work has been substantially com- e a final partial payment certif- ich has been deducted an amount cost to complete the job, which provided for partial payments. made within thirty (30) days after by final certificate by the Engineer. -13- 3-8-79 PROPOSAL FORM Project Name Sunnyslope Addition Project # 80-471 thane r Name and Address Allen Gray - 5100 Eden Ave. #110, Minneapolis, MN 55436 Proposal of Name of Bidder Address Bids due at office of Suburban Engineering, Inc,, 6875 Highway 65 NE Friday, October 24 19 80 Minneapolis, MN 55432 until l l :00 A.M. . Gentlemen: We propose to enter into a••contract with the owner to furnish and deliver all material and equipment and perform all work,. except as noted in the specifi- cations, for the construction of improvements for Street and Qrainage Construction — _all according to the plans and specifications prepared by Suburban Engineering, Inc. and on file with the owner. The undersigned bidder understands that the quantities of work as shown herein are approximate only and are subject to reasonable increase or decrease, as noted in the specifications, and offers to do the work, whether the quantities are increased or decreased, at the unit price stated in the following schedule. These unit prices include applicable Minnesota Sales Taxes. The undersigned bidder hereby agrees to offer this bid for a minimum period of thirty (30) days and further understands that the owner reserves the right to accept any bid during that period. of time, and furthermore that the owner reserves the right to reject all bids. This is to acknowledge receipt of addendum numbered , , Enclosed find certified check or surety bonds in the amount of $ same being at least 5% of , the estimated amount of the work to be done under this contract. It is agreed that work will be started under this contract within ten (10) days after notice has been given by the owner to proceed, and will be completed by tvove:�ber 15 , 19 80 . Signed by_ Title Company Name Address IDated 6 c II PROPOSAL SCHEDULE PROJECT NAME SunnyslQp..e'Addltion OWNER _ _.Allen Gray - - — - TYPE OF WORK Street and Drainage .PROJ. NO. 80471 SHEET 1 of 1 ITEM NO. CONTRACT ITEM UNIT UNIT PRICE CONTRACT QUANTITY _ AMOUNT 1. 1 1/2" Bit. Wearing Course (MnDOT 2341) S.Y. 1890 2. 2" Bit. Base Course (MnDOT 2331 S.Y. 1890 3. Modified C1.5 Gravel ('100% Crushed Quarry Stone) Ton 350 4. Subgrade Preparation S.Y. 2655 5. Concrete Curb and Gutter L.F. 2066 6. Rip -rap and Filter Blanket S.Y. 10.7 7. Sodding S.Y. 250 8. Seeding Acre 0.5 9. Pond and Swale Excavation L.S. 1 0. Baffle -Weir Structure L.S. 1 Dina -A-57 E.v I 6�7A4U&id. Lq 7-7 Mlv �-Ih All 12, A&&Jw� A i w �911 Ll 17 -b&-, po Oak _�4, Z 'Yi0 Illuk th m 07, 10 be awhd� CQ. af�aw P9 A&k' ov Ia. A 60 AW&I-A Imu Ut" �� 0 bwp Im alAq k6WA/L 0`11U-Gb U 13� Sod � CIA.( 140 Otd 16* f) c CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 May 8, 1990 Mr. and Mrs. Richard Madore 381 Deerfoot Trail Chanhassen, MN 55317 Dear Mr. and Mrs. Madore: This letter is to inform you that your deck has been built without a building permit. As per City Code, all structures have to have a building permit and have to be inspected by a Building Inspector to insure that they meet Building Codes. We have reason to believe that your deck was built on a required setback area. I am enclosing a building permit application and instructions as to what is required of you to submit with the application. Please indicate the approximate date when the deck was built and return the completed form to City Hall by May 21, 1990. If you have any questions, please do not hesitate to contact me at 937-1900. Sincerely, Sharmin Al-Jt Planner I Steve Kirchman Building Official cc: Paul Krauss, Planning Jo Ann Olsen, Planning Mr. and Mrs. Richard Madore 381 Deerfoot Trail Chanhassen, MN 55317 Mr. and Mrs. Madore Mr. and Mrs. Ken Wolter 341 Deerfoot Trail Chanhassen, MN 55317 Mr. and Mrs. Wolter Mr. and Mrs. 331 Deerfoot Chanhassen, Mr. and Mrs. Alan Dirks Trail MN 55317 Dirks Mr. and Mrs. Gregory Wallin 321 Deerfoot Trail Chanhassen, MN 55317 Mr. and Mrs. walli- Mr. and Mrs. Dale Kutter 301 Deerfoot Trail Chanhassen, MN 55317 Mr. and Mrs. Kutter CITY OF CHANHASSEN 7%- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 13, 1985 Mr. William Brezinsky 6875 Highway No. 65 NE P.O. Box 32308 Minneapolis, MN 55432 Dear Mr. Brezinsky: I will schedule a public hearing to formally vacate the existing drainage and utility easement across Lot 8, Block 1 of Sunny Slope when the attached easement has been executed. This easement will not be recorded until the vacation proceeding is completed. Should you have any questions, please let me know. Sincerely, / William Monk City Engineer WM:k Enclosure EASEMENT THIS INSTRUMENT, Made this day of , 19 , by and between Ernest and Mary Bundgaard of the County of , State of Minnesota, parties of the first part, and the CITY OF CHANHASSEN, a Minnesota municipal corporation, party of the second part; WITNESSETH, That the said parties of the first part, in con- sideration of One Dollar and other good and valuable con- sideration to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Warrant to said party of the second part, its successors and assigns, the perpetual right and easement for utility and drainage purposes over, under and across the southwesterly 35.00 feet and the northwesterly 20.00 feet of Lot 8, Block 1, Sunny Slope Addition as on fle in the office of the Carver County Recorder, and together with a per- petual easement for ingress and egress. IN TESTIMONY WHEREOF, the said parties of the first part have set their hands the day and year first above written. In presence of: STATE OF MINNESOTA ) ) ss COUNTY OF ) On this _ day of , 19 , before me, a notary public within and for said County, personally appeared to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public EXEMPT FROM STATE DEED TAX CITY OF CHANHASSEN 690 COULTER DRIVE ® P.O. 80X 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 February 8, 1985 Mr. William Brezinsky Suburban Engieering 6875 Highway No. 65 NE P.O. Box 32308 Minneapolis, MN 55432 Dear Mr. Brezinsky: I have no problems with the proposed.drainage area relocation on Lot 8 of the Sunnyslope Addition as described in your letter of February 6, 1985. If you can prepare a simple legal description for the proposed easement in its entirety, including the 20 and 35 foot sections, I will prepare the appropriate -easement document. Also, should you have a copy of the existing easement across Lot 8, send it along so the vacation process can be initiated. Should you have any questions or problems with the above items, please let me know. Sincerely, William Monk City Engineer WM:k ,a-4 K %yeo 95 ��ree eo�pe,�lwo�� C�j October 2, 1984 Mr. Don Ashworth City of Chanhassen 690 Coulter Drive P. O. Box 147 Chanhassen, MN 55317 Dear Don - I'm writing to you because you have greater familiarity with Sunny Slope than any other. We can't seem to connect by telephone. As you know, we recently sold Lot 8, but the sale was cancelled when the buyer found that a good portion of Lot 8 is held inviolate by a drainage easement (a 20' easement is part of the original plotting). This is not the first time we've lost the sale of this lot. Bruce Pankonin had the lot sold in 1980, Mary Long had the lot sold in 1983. In all three cases we have refunded the earnest money. You would know better than anyone that Lake Riley Boulevard encroaches seriously on our property in two places -- at Lot 10 and at the turnaround at Lot 7. We absorbed that property loss and we _gladly contributed the area needed for a lift station; but now we feel losing an entire lot is too much. ` Mr. Monk's letter was to have included some kind of sketch. It wasn't there. The letter implies the run off problem is entirely from my property. I've owned the land since 1971, and I've seen the water coursing across my land from the fields to the north. We are most anxious to sell all of Sunny Slope as quickly as possible. We have sustained a great loss and are not anxious to continue this pattern. We wish to settle amicably and on the basis of impartial evaluation, but we do plan to dispose of Lot 8. If it is not saleable, we will seek inverse condemnation. I hope the council has not yet acted on my previous letter. Best regards, RECEiV ED E. Bundgaard alkla Allen ray COT - 4 1984 P.O. BOX 300, PEQUOT LAKES; M I N N ESOTA 56472 CITY OF CHANHASSEN (218) 562-4884 • (612) 874-7300 CITY -OF CDe CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 27, 1984 Mr. Allen Gray P.O. Box 300 Pequot Lakes, MN 56472 Dear Mr. Gray: Don Ashworth suggested I respond to your letter of September 14 since I initially dealt with Mr. Johnson and his attorney on this matter. My first contact with the potential buyer of Lot 8 came after his attorney found that a large portion of the property was covered by a drainage easement during his title search. I explained that this easement had been granted by yourself to meet Watershed District requirements for runoff sedimentation and that the easement was indeed in active use. Further, that any building placed on the lot would have to be designed and landscaped so as to not infringe on this easement. If the above statements can be interpreted as giving little encouragement, I am guilty as you have accused. However, due to the continual and serious drainage problems encountered in this area, many of which I attribute to the Sunnyslope development, I could not very well agree to vacate any portion of the easement in question. Attached is a sketch of Lot 8 that shows the drainage easement. I can only assume that as you granted the easement in an effort to comply with Watershed conditions that you knew the inherent restrictions the easement would place on the buildability of this parcel. I do not agree that the City is responsible for this situation and will not recommend to the Council that the City purchase the balance of Lot 8, although a copy of your letter and this response will be included in the next agenda packet for their information and review. Sincerely, William Monk City Engineer cc: Don Ashworth, City Manager v, 0 � A Wtsf lint of Gvernmenf Lef 3, 5tefion 14, 7ovn�hp �o�qt Za c= ; NO.19. ZIP u � c� w ' .._ L'- ---248.39 - T w , W 0 £� o f co � s O u � W C � I , O Q / o co 9 0 O S O 1�- I N 5-24'44W ' 11o.45 18; I� 0 c 0 1e m 14 .tt'pb` I `` 110.00 W N 0013'04' W 110.00 N I N 0° 13'04'W 110.00 %—N Z`e�o 95 -�0ree eofiqk Nimoo� September 14, 1984 The City Council City of Chanhassen 690 Coulter Drive P. O. Box 147 Chanhassen, .MN 55317 Dear Gentlefolk: The enclosure is a photo copy of a cancellation of a purchase agreement between myself and Jay B. and Lisa R. Johnson for Lot 8, Block 1, Sunny Slope Addition, County of Carver, City of Chanhassen. Also enclosed is a photo copy of the purchase agreement. The Johnsons wanted badly and tried hard to purchase Lot 8. They were informed by their attorney that the city's easement for flood control precluded their buildino on the lot. I'm told that in subsequent visits to the City Engineer's office they were given little encouragement. We were generous with the City of Chanhassen when sewer was installed on Lake Riley Blvd. and gave the city a 50 x 50 foot parcel for the lift station but we never intended to lose the sale of a lot. We view flood control as a city problem since it encompasses more than Sunny Slope property, and that if a substantial part of Lot 8 is needed as a flood plain, then all of Lot 8 should, in fact, become City property, since the remainder seems to be unsaleable. With your permission we propose the following: that all back taxes and unpaid assessments on Lot 8 be forgiven. That the lot be appraised by two or ,more accredited and impartial appraisers and that the median of these appraisals be accepted as a purchase price by the City of Chanhassen. We would like your reaction to the above proposal as soon as possible. Your very sincerely, Allen Gra A G /d a RECEi ED SAP 17 1984 P.O. BOX 300, PEQUOT,, KES, M N ESOTA 56472 CITY OF CHANHASSEN (218) 562-4884 • (612) 8 77300 Wagner johnsonRealty 1507 Clemson Court Eagan, Minnesota 55122 113 (612) 452-7557 R E A LTO R' CANCELLATION OF PURCHASE AGREEMENT The undersigned parties to a Purchase Agreement dated relating to property at r 'E?- e4 /t /, J !l-.11yl� �,(�� ,m/� /G✓ //%//V. is hereby cancelled and terminated. The earnest money (check or note) in connection with said agreement is to be: -zz The Buyer(s) release(s) all rights in the premises. The Sellers are to have no further obligation to sell under said agreement nor the buyer(s) to purchase. Buyer Buyer 1)( Seller Seller WAGNER JOHNSON REALTY BY Sales Agent DATE i5_� — 19_f�l MICHAEL T. HOEKSTRA. ATTORMEY AT LAW 1415 EAST WAYZATA *OULEVARD WAYIATA, MINNESOTA 55391 TELEPHONE: f6121 473-9374 July 28, 1984 4. Declaration of Covenants, Conditions and Restrictions: The property is subject to a Declaration of Covenants, Conditions and Restrictions dated August 18, 1978, recorded September 25, 1978 in Book "37" of Misc., Page 49, Doc. #39657. A copy of that document is enclosed for your. reference and review. This Declaration was subsequently amended by a First Amendment to Declaration of Covenants, Conditions and Restrictions and Addition of Omitted By -Laws of Sunny Slo e Home Owners Association dated October 23, 1978, recorded November 13, 1978 in Boo 3 of Misc., Page 346 Doc. #40332. A copy of that item is also enclosed for your reference. The Declarations and By -Laws provide for use of certain common areas described as Outlot A and Outlot B and for the.payment of annual and special assessments and taxes on the common area. All sums assessed by the Association can constitute a lien upon each lot and foreclosed in an action similar to mortgage .foreclosure. I therefore recommend that you obtain a statem nt from the Sunny Slope How_ wners ssocia ion as to any delinquent and current unpaid _specia7_�ssessments. Also I wou r commen a a ecTianics Lien Sparc a made against the com on'area Outlots A and Sun_y S10 PAdd_ d ion, Carver County, Minnesota.` �J- 5. Easement. At entry 54 appears a, grant of easement from Ernest Bundgaard, a/k/a Allen. Gray and Mary Lee Bundgaard, a/k/a Mary Lee Gray, husband and wife to City of Chanhassen. This Easement is dated December 15, 1980, recorded January 8, 1981 in Book "161" Deeds, Page 9,'Doc. #49929. This Easement is for drainage and utility purposes over the following described property: That part of Lot 8, Block 1, Sunny Slope Addition, Carver County, O�Y Minnesota, described as follows: Beginning at the Northwest.corner of said Lot 8; thence Easterly along the North line of said Lot 8, a distance of 15.00 feet; thence Southerly to a point on the South ✓� line of said Lot, distant 70.00 feet Easterly of the Southwest corner of said Lot, thence Westerly along said South line to the Southwest corner; thence Northerly, along the West line of said Lot, to the point of beginning. From an examination of the plat this easement appears to encompass a substantial portion of the property you intend to purchase. Easement. At entry 53 appears a Right -of -Way Easement from Ernest Bundgaard and Mary L. Bundgaard, husband and wife to Minnesota Valley Electric Co -Operative, a Minnesota Corp. This Easement is dated July 28, 1980, recorded December 5, 1980 in Book "160" Deeds, Page 135, Doc. #49546. This Easement extends over the Northerly 10 feet of Lot 8, parallel and adjacent to Outlot B, to place, construct, operate, repair, maintain, relocate and replace thereon and in and upon all streets, roads or highways abutting said lands an electric distribution line or system. Additionally, for the purpose of constructing, inspecting, maintaining or operating its facilities, the Co -Operative has the right of ingress and egress from the Easement over the lands adjacent to the Easement and lying between public or private roadways and the Easement. M CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 82-19A with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 26th day of July _ 19 83 . r - *en J. ge rdt, Deputy Clerk RECEIVED AUG 10 1983 6 CITY.OF CHANHASSEN CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Dated April 26, 1982 Resolution No. 82-19A Motion by Councilmember Geving Seconded by Councilmember Hamilton SUNNY SLOPE ADDITION . RELEASE' OFSECURITY WHEREAS, the City of Chanhassen has been advised by its City Engineer and City Planner that the Sunny Slope Addition subdivision improvements completed to date are acceptable, and recommend that the City release the security it presently holds under the terms of the Sunny Slope Addition Development Contract between the Developers thereof, and the City; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chanhassen, as follows: In reliance on the recommendation of the City Engineer and City Planner, the City Council hereby authorizes the release of security held by the City pursuant to the Sunny Slope Development Contract, viz. Lot 11, Sunny Slope Addition, Carver County, Minnesota, and the Mayor and City Clerk are hereby directed to execute on behalf of the City a quit claim deed conveying said Lot 11 to the Developers, Ernest Bungaard and Mary Lee Bungaard, as joint tenants. Passed and adopted by the Council of the City of Chanhassen, this 26th day of April, 1982. Mayor Attest - City � City Clerk Manager Yes Hamilton Swenson Geving Horn No Neveaux Absent , > CITY OF CHANHASSEN r" CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Dated April 26, 1982 Resolution No. 82-19A Motion by Councilmember Geving Seconded by Councilmember Hamilton SUNNY SLOPE ADDITION RELEASE .OFSECURITY WHEREAS, the City of Chanhassen has been advised by its City Engineer and City Plannerthat the Sunny Slope Addition subdivision improvements completed to date are acceptable, and recommend that the City release the security it presently holds under the terms of the Sunny Slope Addition Development Contract between the Developers thereof, and the City; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chanhassen, as follows: In reliance on the recommendation of the City Engineer and City Planner, the City Council hereby authorizes the release of security held by the City pursuant to the Sunny Slope Development Contract, viz. Lot 11, Sunny Slope Addition, Carver County, Minnesota, and the Mayor and City Clerk are hereby directed to execute on behalf of the City a quit claim 4" deed conveying said Lot 11 to the Developers, Ernest Bungaard and Mary Lee Bungaard, as joint tenants. Passed and adopted by the Council of the City of Chanhassen, this 26th day of April, 1982. Mayor Attest: City Clerk Manager Yes No Absent Hamilton Neveaux Swenson Geving Horn ALIEN GRAY PUBLIC RELATIONS - MARKETING - ADVERTISING 5417 DONCASTER WAY, EDINA, MINNESOTA 55436 (612) 922-7799 July 15, 1983 -s�. a'`�" °wd G..-.�.�. Mr. Donald Ashworth, City Manager City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Ashworth: As of 7-14-83, all taxes and assessments -on �r^y Lot 11, Block 1, Sunny Slope Addition have been made current (see enclosure) A quit claim deed in my favor from the city will be appreciated. Sincerely, n Jr RECEIVED JUL 18 IJ83 01 TY OF CHANHASSEN 9 1 � M 0 x o c co O �O A' i ry 7n ' o M y W. a I cl 0 A ��--I a y p I F i ~�`�N si$! �= r c o-� N STATE OF MINNESOTA COUNTY OF CARVER I, Karen J. En Deputy Clerk for th certify that I have Re: with the original cc the same to be a trt; City Council. Witness my hand this 21st day of To - Date Carl W. Hanson Jr. Carver County Recorder/Registrar of Titles 600 East 4th Street • Chaska, Minn. 55318 19 INVOICE FOR THE FOLLOWING ❑ABSTRACT ❑ TORRENS ❑ UCC R�Ci=,tv cD JON 2 919�3 CiTy OF CHANHA-','"`` Phone: 448-3435, Ext. 227 CITY OF CHANHASSEN{�� CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Dated February 2, 1981 Resolution No. 81-04 Motion by Councilperson Neveaux Seconded by Councilperson Gevinq SUNNY SLOPE ADDITION PARTIAL RELEASE OF SECURITY WHEREAS, the City of Chanhassen has been advised by its consulting engineers that the Sunny Slope Addition subdivision improvements completed to date are acceptable, and recommend that the City reduce the security it presently holds under the terms of the Sunny Slope Addition Development Contract between the Developers thereof, and the City; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chanhassen as follows: 1. In reliance on the recommendation of the City consulting engineers, the City Council hereby authorizes the partial release of security held by the City pursuant to the Sunny Slope Development Contract, viz. Lot 10, Sunny Slope Addition, Carver County, Minnesota, and the Mayor and City Clerk are hereby directed to execute on behalf of the City a quit claim deed conveying said Lot 10 to the Developers, Ernest Bungaard and Mary Lee Bungaard, as joint tenants. 2. The balance of the security viz. Lot 11 Sunny Slope Addition, held pursuant to said development contract shall continue to be he'ld by the City pending further action by the City Council. Passed and adopted by the Council of the City of Chanhassen this 2nd day of February, 1981. Attest: City Clerk/Manager Yes Mayor Hamilton Councilman Gevinq Councilman Neveaux Councilman Horn No MT.-YOR Absent Councilman Swenson -abstained. 50 CITY DF ��-s CHANHASSEN 54x� 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 27, 1982 Mr. Allen Gray 5100 Eden Ave. #10 Edina, MN 55436 Dear Allen: Earlier this year the City acted to find that all- improvements have been completed as a part of the Sunnyslope Additio-n and we are prepared to release the security held -by he —City. i.e. Lot 11 of Sunnyslope Subdivision. In acting to approve release, the City Council felt strongly that outstanding taxes on parcels within the Sunnyslope Subdivision should be paid in full prior to release. Should you have any questions, please feel free to contact me. Sincerely, /_L) - Don Ashworth City Manager DA:bf cc: Russell Larson, City Attorney LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 333-1511 May 27, 1982 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Don Ashworth City Manager Box 147 Chanhassen MN 55317 Re: Lot 11, Sunny Slope Addition Release of Security Dear Don: As per your request, we enclose a resolution for the release of the security held by the City in Lot 11 of the Sunny Slope subdivision matter. Also attached is a quit claim deed from the City the the Bundgaards reconveying Lot 11, Sunny Slope to them pursuant to the resolution. If you approve, please arrange to have the deed signed, acknowledged and sealed by I:aren, and returned to this office for recording. Also send to us a certified copy of thea roving resolution for delivery to Allan Gray. RHL:ner enc Ver tr 1 y urs, RUSSELL H. LARSON Chanhassen City Attorney EVEM N.,iAY 2 81982 GI (Y OF GHANHA6Z)tH CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Dated April 26, 1982 Resolution No. Motion by Councilmember Geving Seconded by Councilmember Hamilton SUNNY SLOPE ADDITION .RELEASE OF SECURITY WHEREAS, the City of Chanhassen has been advised by its City Engineer and City Planner that the Sunny Slope Addition subdivision improvements completed to date are acceptable, and recommend that the City release the security it presently holds under the terms of the Sunny Slope Addition Development Contract between the Developers thereof, and the City; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chanhassen, as follows: In reliance on the recommendation of the City Engineer and City Planner, the City Council hereby authorizes the release of security held by the City pursuant to the Sunny Slope Development Contract, viz. Lot 11, Sunny Slope Addition, Carver County, Minnesota, and the Mayor and City Clerk are hereby directed to execute on behalf of the City a quit claim deed conveying said Lot 11 to the Developers, Ernest Bungaard and Mary Lee Bungaard, as joint tenants. Passed and adopted by the Council of the City of Chanhassen, this 26th day of April, 1982. Mayor Attest: City Clerk/Manager Yes No Absent Hamilton Neveaux Swenson Geving Horn CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Manager, Don Ashworth FROM: City Engineer, Bill Monk DATE: April 19, 1982 SUBJ: Sunnyslope Addition Bob Waibel and I have reviewed this project and find that all items listed in the attached development contract have been satisfactorily completed. Since the developer has complied with all the contract requirements, I recommend that the City relinquish title to Lot 11, Block 1 which has been held in escrow pending project completion. It should be remembered that all lots within this subdivision are serviced from a private road that does not require municipal maintenance. 1 Q4 (tag a�tratar 6lodifie� Rejected Data Date Submitted to Commission Date Submitted o C /nci! d Z - • — - - •- • v v 41'aL'a CITY OF CHANHASSEN SUNNY SLOPE DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this „Zp-a day of J.i4y=�,� IT19z� /by and between the CITY OF CHANHASSEN, a Minn5zsota municipal corporation, hereinafter referred to as the City, and ERNEST BUNDGAARD and MARY LEE BUNDGAARD, hereinafter refer- red to as the Developers. WITNESSETH: WHEREAS, the Developers are the fee owners of certain lands located in Government Lot 3, Section 240 Township 116 North of Range 23 West,.Carver County, Minnesota, and situated in the City of Chan-- hassen; and WHEREAS, the Developers have made application under the.City Subdivision and Zoning Ordinances for City Council approval of single .family residential development preliminary plat of said lands and rezoning from R1A, Agricultural Residence District to P-1, Planned Residential Development District, said plat to contain approximately .5.4 acres, divided into 12 lots and 2 outlots, and to be known as Sunny Slope Addition; a copy of said proposed plat as prepared by Lot Surveys Company, surveyors, dated September 20, 1977, being on file in the office of the Chanhassen Zoning Administrator and hereafter referred to as the "plat;" and WHEREAS, the City Council by its resolution passed November 21, 1977, has approved said preliminary plat and rezoning, subject to and on condition that the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, curbs, gutters, driveways, storm and surface water drainage facilities, street signs and lighting, municipal sanitary sewer facilities and underground electric and tele- phone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developers have made application to the City to be allowed at Developers.' 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. Street signs; e. Underground electric and telephone utility lines; f. Street lighting; g. Tennis court and off-streetparking areas. h. Sod or seeding of outlot _A C ` NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the prelimin&ry plat of Sunny Slope Addition, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their 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. Street signs; e. Underground electric and telephone utility lines; f. Street lighting; g. Tennis court and off-street parking areas, h. Sod or seeding or outlot 4___.. 2. Standards of Construction. Developers agree 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 standards, 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 employe 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 Developers. 4. Schedule of Work. The Developers further agree that they shall have all work done and improvements hereunder fully completed to the satisfaction and approval of the City on or before September 30, 1980. The Developers shall submit a written schedule indicating 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 Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinafter specified for completion. 5. Roads and Sanitary Sewer Facilities. a. The Developers agree to.cause their engineers to prepare all plans and specifications necessary for the installation of roads and sanitary sewer facilities in said plat, said plans and specifications to be in substantial accord with -2- ` proposed plans thereof prepared., by ;NemcGAe- P, If4osnly and filed with the City on JuLY , 1978 the general layout of said improvements being shown on plan dated :rUty 19-7 , a copy of which is on file in the office of the Chanhassen Zoning Administrator. All plans and specifications shall be subject to the final approval of the City engineers. b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. 6. Reimbursement of Costs. The Developers 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 Developers. . 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 Developers, the Developers' contractors or sub -contractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, 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 improve- ments hereunder; and that the Developers 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 therefro an the costs, disbursements and e pe sLs o defend.ing the same' 8_ Writ�Zen Chanje Orders. The Developers 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 Developers without such written order first being given shall be at its own risk, cost and expense, and Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. 9. Enforcement Provisions. 9.01. Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in 51 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 materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as -3- • obligee thereunder, or an irrevocable letter &L credit approved by the City in an amount equal to 110% of cost of,completing the improvements described in §1 hereinabove as estimated by the City Engineer. 9.02. Conveyance of Land In Lieu of Bond.. In lieu of providing the cash dep6sit, corporate surety bon or letter of credit described in §9.01 above, the Developers may, at their option convey fee title in Lots 10 and 11, Sunny Slope Addition to the City of Chanhassen free from all encumbrances. Title to such lots shall be reconveyed to the Developers at such time as the Developers have fully performed all of their duties and obligations under this contract, including but not limited to the completion of the improve- ments described in §1 above in accordance with 9§2, 3, 4, and 14 of this contract. 9.03. Remedies Upon Default. A. Assessments. 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 then (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Sl above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the subject property for amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. 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_ B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety its performance. bond, or utilize any cash deposit. made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1} the cost of completing the construction of the improvements described in S1 above; and (2) the cost of curing any other default by the Developer in its performance of any of the covenants and agreement contained herein; and -4- C11 (3) the cost of reasonable engineering, legal, and administrative expense incurred by the City in .enforcing and administering this contract. C. Sale of Land. In addition to the foregoing the City may sell at public auction, or at private sale in a commercially reasonable manner, at the City's option, the lots described in §9.02 above. The proceeds of such sale or auction shall be used to pay or reimburse the City for: (1) the cost of completing the construction of the improvements described in §1 above; and (2) the cost of curing any other default by the Developer in its performance of any of the convenants-and agreement contained herein; and (3) the cost of reasonable engineering, legal, and administrative expense incurred by the City in enforcing and administering this contract. Any proceeds of such sale in excess of such payments and reimbursements shall be refunded to the Developers.upon the expiration of the one-year period described in §14 below. D. Legal Proceedings. In addition to the foregoing, the 'City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or. to prevent use or occupancy of the proposed dwellings. and install, Developers' sole expense, driveway surfacing fa benefit of each t within the plat, the materials and i ation of which shall be appr ed by the City engineers. For the ose of f r assuring to the City that the improvements required by shall be constructed and installed according to t11qui ents of this Agreement, Developers or their assigns to deposit t sum of $300.00 per lot with the City at the application is made f a building permit for each - lot. deposit shall be returned to th evelopers or their assigns 11. Erosion Control. Developers, at their expense, shall provide temporary dams, earthwork or such other devices and practices, 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 plat during all phases of construction, "including construction on individual lots. Developers shall keep all streets within and outside the plat free of all dirt and debris resulting from con- struction ti,erein by the Developers or their agents. M12 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 within the plat shall be the sole obligation of the Developers and their assigns. The Developers shall install the City approved street lights at the Lake Riley Boulevard intersection with the plat entrance street, and the furnishing of electrical energy, therefore, shall be the obligation of the Developers and their assigns. 14. Replacement. All work and materials performed and furnished hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developers at Developers' sole expense. 15. Liability Insurance. The Developers 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 Developers' 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 $100,000 for.one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developers shall file.a copy of the insurance coverage with the City. 16. Sewer Revenues. All sanitary sewer services charges shall at all times be bille 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 Developers of the sanitary sewer improvements set forth in 51 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said sanitary sewer improvements to the City free of all liens and encumbrances and with warranty of title. Should the developers 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 and Occupancy Permits. The Developers covenant and agree 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 Developers have completed the street grading, stabilization and installation of sanitary sewer mains to the City.specifications. Issuance of .any building permit or permits to the Developers 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 Developers shall be grounds for denial of building permits within the plat. The Developers further covenant and agree'that no occupancy permits shall be requested and the City shall not be required to issue any occupancy permits until municipal sanitary sewer lines, electrical utility lines, and telephone utility lines are available to serve the lot for which an occupancy permit has been requested.. 19. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developers or their assigns 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 silta- tion, and similar potential problems. ii. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City shall have the right, at the expense of the Developers or their assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. 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. Developers acknowledge receipt of the reports of the City Zoning Administrator, Engineer and Planner relating to said plat, which reports are incorporated herein by reference and made a part hereof, and Developers agree to comply with the conditions of said reports consistent with the provisions of the within contract. C. Side and rear lot utility easements on all lots shall be shown on the final plat. d• A perpetual utility and drainage easement 20 feet in width, centered on the side lot lines of Lots 7 and 8 of said plat, shall be granted to the City. e. Outlots A and B of said :plat shall be reserved for the sole use of property owners within the plat. Developers shall organize a homeowners' association in the form of a non-profit corporation, and said Outlots shall be conveyed to and managed by said association. The articles of incor- poration and by-laws of the association shall be approved by the City Attorney. For purposes.of this agreement, said -7- Outlots shall be classed as non -dedicated common open space under the Chanhassen Zoning Ordinance to which the provisions of §21.03 thereof shall apply. Said Outlots A and B shall be improved in the manner set forth on Developers' Site Plan dated July 25, 1977, as prepared by K.K. Designs, a copy of which is on file in the office of the City Zoning Administrator. f. All proposed covenants and restrictions for said plat shall be approved by the City Attorney. g. All streets within said plat shall be owned and maintained in good and serviceable condition by the homeowners' association to be created under the provisions of §19 (e) hereof, and said streets shall be classed as non -dedicated common open space under the Chanhassen Zoning Ordinance to which the provisions of 921.03 thereof shall apply. h. The City, its employees, agents, successors and assigns, fire, police and public service utilities shall have a non- exclusive easement for ingress and egress over all streets within the plat as shall be necessary for public service and utility purposes. i. No vehicle parking shall be permitted on any of the streets within the plat. j. Until otherwise directed by the City, all streets within said plat shall be constructed of 12 inch crushed rock with a seal coat driving surface. Said streets shall be provided with 6 inch surmountable concrete curb and gutter. 20. Address of Developers. The address of the Developers for purposes of this Development Contract is: 323 Normandale Office Park,8200 Normandale Boulevard, Bloomington, MN 55437. 21. Successors and -Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding and inure to the benefit of their respective legal representatives, successors and assigns. 22. Headings. Headings at the beginning paragraph hereof are for the convenience of reference, be considered a part of the text of this contract, and influence its construction. of section and and shall not shall not IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN GGG By Ernest Bundgaard MAYOR J-7:'' Attest: Mary�Lee Bundgaar City Manager • STATE OF MINNESOTA) y ) sso COUNTY OF CARVER ) 119i� On this dy ay of , -�$8, before me, a notary public within and for said County, personally appeared Ernest Bundgaard and Mary Lee Bundgaard, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. No ar Pu ic BETTY A. NAGLE �Y NOTAR( PUBLIC-MIN-NESOTA HENNEFLV COUNTY My Commission Expires SePL 9, IM Y WVVVVV1 'r CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, City Planner►, DATE: August 12, 1981 RE: Development Sureties for Sunny Slope Addition PLANNING CASE: 77-5 Subd I have reviewed the subject development in response to Mr. Grays request to have the performance sureties released and find that most of the development construction has been complete with the exception of street lighting and the stablization of soils and slopes in certain areas of the development. If necessary, I can prepare a graphic showing in detail the locations where potential erosion problems could arise. Although it appears that the cost of completing the above mentioned items is considerably less than the amount of the surety presently held, I would recommend that the present surety only be released if Mr. Gray would deliver to the City a letter of credit amount equal to the esitimated completion cost of said items. With regard to street lighting, Mr. Gray should be advised that Section 13 of the development contract requires that the City approve the street lighting fixtures to be installed within the development. The reason for such is that the Sunny Slope Addition is in the rural electrical association service area and the only REA fixture is a cobra head type mounted on a telephone pole. In reviewing any other style fixture than that approved by REA, the City should concern itself with tii.- maintenence char- acteristics of such fixtures. J ��vi ,r i iE i� O•�f �/�Q� �i u- )v L i y/7 r 7 p ✓v `A �' o -r/C. 4 i ..� O�C�(`t^' o' e - of " C •�- u".A..e.ccsrG.-y ys /...o�/c7�... '6•a-It SrCA 9 Al : �Y+�.0 L a—.-, r-. 77-S y nr l August 7, 1981 Mr. Don Ashworth, Manager City of Chanhassen 690 Coulter Drive P. O. Box 147 Chanhassen, MN 55317 Dear Don - With the possible exception of a street sign (on order) it j is my belief we have complied with the terms of the \ developement contract between. ourselves and the City of Chanhassen. I sincerely believe we have the best localized combination of street surfacing, curb & gutter, flood control, underground utilities, street lighting, common landscaping and recreational potential in the city. I hope your inspectors agree and that you will ' return title to Lot 11, Block 1, Sunny Slope Addition to our care. Although Bill Brezinsky can't locate the correspondence he (� 1 says he directed to the city, he does state it was implied that the area which we donated for a lift station would be ,�. attractively landscaped. Perhaps your offices can address L - that problem soon. We would appreciate it. Chanhassen has been very cooperative. would only go and do likewise. Best regards, y Allen Gray cc: Bill Brezinsky Bob Lukes. REr.EIVED AUG 10 1981 CITY OF CHANHASSBA Now if the economy ALLEN GRAY & COMPANY Advertising Public Pelotionr 5100 teen Rven,e Mirl()E0 011r. Min efoto 55436 C60 922-7799 LK CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION � Dated February 2, 1981 Resolution No. 81-04 Motion by Councilperson Neveaux Seconded by Councilperson Geving i SUNNY SLOPE ADDITION PARTIAL RELEASE OF SECURITY WHEREAS, the City of '.Chanhassen has been advised by its consulting engineers that the Sunny Slope Addition subdivision improvements completed to date are acceptable, and recommend that the City reduce the security it presently holds under the terms of the Sunny Mope Addition Development Contract between the Developers thereof, and the City; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chanhassen as follows: 1. In reliance on the recommendation of the City consulting engineers, the City Council hereby authorizes the partial release of security held by the City pursuant to the Sunny Slope Development Contract, viz. Lot 10, Sunny Slope Addition, Carver County, Minnesota, and the Mayor and City Clerk are hereby directed to execute on behalf of the City a quit claim deed conveying said Lot 10 to the Developers, Ernest Bungaard and.Mary Lee Bungaard, as joint tenants. 2. The balance of the security viz. Lot 11 Sunny Slope Addition, held pursuant to said development contract shall continue to be held by the City pending further action by the City Council. Passed and adopted by the Council of the City of Chanhassen this 2nd day of February, 1981. 1 �--- i - MAYOR Attest: City Clerk Manager Yes _Manor Hamilton Councilman Geving Councilman Neveaux Councilman Horn No Absent Councilman Swenson -abstained. 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 Bob Waibel Land Use Coordinator Box 147 Chanhassen Mid 55317 Dear Bob: January 23, 1981 Re: Allan Gray Sunnyslope Addition TELEPHONE (612) 335-9565 Enclosed.you will find the original copy of the Development Contract for Sunnyslope. The contract has been signed by the developers. You will recall that on January 19, 1981, the. City Council tabled the developer.'s request for a release of Lot 10 from the security provisions of the development contract. Because the development contract has now been. signed, you may reschedule the developer's request for council action. I received the impression that the City Council wished to consider the developer's request in detail, rather than treating the. -request as a consent agenda item. You may wish to visit with the City Manager regarding the approach to be taken. CMM:ner enc Very truly yours CRAIG M. MERTZ Assistant Chanhassen City Attorney v JAN 1981 RECEIED VILLAGE € S GH.ANHASS01�; MiNi\t. , Rev. 2-7-80 CMM CITY OF CHANHASSEN SUNNY SLOPE DEVELOPMENT CONTRACT f� THIS AGREEMENT, made and entered into this �O day of 2% ,, , 19�9 by and between the CITY OF CHANHASSEN, a Minn sota municipal corporation, hereinafter referred to as the City, and ERNEST BUNDGAARD and MARY LEE BUNDGAARD, hereinafter refer- red to as the Developers. WITNESSETH: WHEREAS, the Developers are the fee owners of certain lands located in Government Lot 3, Section 24, Township 116 North of Range 23 West,.Carver County, Minnesota, and situated in the City of Chan- hassen; and WHEREAS, the Developers have made application under the.City Subdivision and Zoning Ordinances for City Council approval of single family residential development preliminary plat of said lands and rezoning from R1A, Agricultural Residence District to P-1, Planned Residential Development District, said plat to contain approximately 5.4 acres, divided into 12 lots and 2 outlots, and to be known as Sunny Slope Addition; a copy of said -proposed plat as prepared by Lot Surveys Company, surveyors, dated September 20, 1977, being on -file in the office of the Chanhassen Zoning Administrator and hereafter referred to as the "plat;" and WHEREAS, the City Council by its resolution passed November 21, 1977, has approved said preliminary plat and rezoning, subject to and on condition that the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, curbs, gutters, driveways, storm and surface water drainage facilities, street signs and lighting, municipal sanitary sewer facilities and underground electric and tele- phone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developers have made application to the City to be allowed at Developers.' 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. Street signs; e. Underground electric and telephone utility lines; f. Street lighting; g. Tennis court and off-streetparking areas. h. Sod or seeding of outlot A NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of Sunny Slope Addition, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their 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. Street signs; e. Underground electric and telephone utility lines; f. Street lighting; g. Tennis court and oft -street parking areas, h. Sod or seeding or outlot ._ 2. Standards of Construction. Developers agree 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 standards, 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 employe 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 Developers. 4. Schedule of Work. The Developers further agree that they shall have.all work done and improvements hereunder fully completed to the satisfaction and approval of the City on or before September 30, 1980. The Developers shall submit a written schedule indicating 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 Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinafter specified for completion. 5. Roads and Sanitary Sewer Facilities a. The Developers agree to.cause their engineers to prepare all plans and specifications necessary for the installation of roads and sanitary sewer facilities in said plat, said plans and specifications to be in substantial accord with IWM proposed plans thereof prepared by c4e_ F, /fei9 Y and filed with the City on 'T4,Ly , 1978 the general layout of said improvements being shown on plan dated TV ( Z 19 %6 , a copy of which is on file in the office of the Chanhassen Zoning Administrator. All plans and specifications shall be subject to the final approval of the City engineers. b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. 6. Reimbursement of Costs. The Developers 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 Developers. . 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 Developers, the Developers' contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, 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 improve- ments hereunder; and that the Developers 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 therefro ancl the costs, disbursements and e pe s.es of. defending the same] `8`, - , WrltAen Chancekr'ders. The Developers 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 Developers without such written order first being given shall be at its own risk, cost and expense, and Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. 9. Enforcement Provisions. 9.01. Performance Bond. For thepurpose of assuring and guaranteeing to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in 91 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 materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming"the City as -3- obligee thereunder, or an irrevocable letter of credit approved by the City in an amount equal to 110% of cost of completing the improvements described in §1 hereinabove as estimated by the City Engineer. 9.02. Conveyance of Land In Lieu of Bond. In lieu of providing the cash deposit, corporate surety boor letter of credit described in §9.01 above, the Developers may., at their option convey fee title in Lots 10 and 11, Sunny Slope Addition to the City of Chanhassen free from all encumbrances. Title to such lots shall be reconveyed to the Developers at such time as the Developers have fully performed all of their duties and obligations under this contract, including but not limited to the completion of the improve- ments described in §1 above in accordance with §§2, 3, 4, and.14 of this contract. 9.03. Remedies Upon Default. A. Assessments. 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 then (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in §1 above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the subject property for amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. 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- B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety its performance bond, or utilize any cash deposit. made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of the improvements described in §1 above, and (2) the cost. of curing any other default by the Developer in its performance of any of the covenants and agreement contained herein; and -4- (3) the cost of reasonable engineering, legal, and administrative expense incurred by the City in enforcing and administering this contract. C. Sale of Land. In addition to the foregoing the City may sell at public auction, or at private sale in a commercially reasonable manner, at the City's option, the lots described in S9.02 above. The proceeds of such sale or auction shall be used to pay or reimburse the City for: (1) the cost of completing the construction of the improvements described in §1 above; and (2) the cost of curing any other default by the Developer in its performance of any of the convenants'and agreement contained herein; and (3) the cost of reasonable engineering, legal, and administrative expense incurred by the City in enforcing and administering this contract. Any proceeds of such sale in excess of such payments and reimbursements shall be refunded to the Developersupon the expiration of the one-year period described in §14 below. D. Legal Proceedings. In addition to the foregoing, the'Citymay institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. and install, Developers' sole expense, driveway surfacing fo benefit of each t within the plat, the materials and i anon of which shall be appr ed by the City engineers. For the ose of f r assuring to the City that the improvements required by shall be constructed and installed according to t qui ments of this Agreement, Developers or their assigns to deposit t sum of $300.00 per lot with the City at the application is made f a building permit for each - lot. deposit shall be returned to th evelopers or their assigns 11. Erosion Control. Developers, at their expense, shall provide temporary dams, earthwork or such other devices and practices, 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 plat during all phases of construction, including construction on individual lots. Developers shall keep all streets within and outside the plat free of all dirt and debris resulting from con- struction therein by the Developers or their agents. -5- 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 within the plat shall be the sole obligation of the Developers and their assigns. The Developers shall install the City approved street lights at the Lake Riley Boulevard intersection with the plat entrance street, and the furnishing of electrical energy, therefore, shall be the obligation of the Developers and their assigns. 14. Replacement. All work and materials performed and furnished hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developers at Developers' sole expense. 15. Liability Insurance. The Developers 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 Developers' 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 $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developers shall filea copy of the insurance coverage with the City. 16. Sewer Revenues. All sanitary sewer services 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 Developers of the sanitary sewer improvements set forth in §1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said sanitary sewer improvements to the City free of all liens and encumbrances and with warranty of title. Should the developers 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 and Occupancy Permits. The Developers covenant and agree that no building permits shall be request6d and the City shall not be required to issue any building permits for construction in the said plat until the Developers have completed the street grading, stabilization and installation of sanitary sewer mains to the City.specifications. Issuance of.any building permit or permits to the Developers 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 Developers shall be grounds for denial of building permits. within the plat. The Developers further covenant and agree'that no occupancy permits shall be requested and the City shall not be required to issue any occupancy permits until municipal sanitary sewer lines, electrical utility lines, and telephone utility lines are available to serve the lot for which an occupancy permit has been requested. 19. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developers or their assigns 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 silta- tion, and similar potential problems. ii. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City .shall have the right, at the expense of the Developers or their assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. 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. Developers acknowledge receipt of the reports of the City Zoning Administrator, Engineer and Planner relating to said plat, which reports are incorporated herein by reference and made a part hereof, and Developers agree to comply with the conditions of said reports consistent with the provisions of the within contract.. C. Side and rear lot utility easements on all lots shall be shown on the final plat. d. A perpetual utility and drainage easement 20 feet in width, centered on the side lot lines of Lots 7 and 8 of said plat, shall be granted to the City. e. Outlots A and B of said plat shall be reserved for the sole use of property owners within the plat. Developers shall organize a homeowners' association in the form of a non-profit corporation, and said Outlots shall be conveyed to and managed by said association. The articles of incor- poration and by-laws of the association shall be approved by the City Attorney. For purposes of this agreement, said -7- "T Outlots shall be classed as non -dedicated common open space under the Chanhassen Zoning Ordinance to which the provisions of §21.03 thereof shall apply. Said Outlots A and B shall be improved in the manner set forth on Developers' Site Plan dated July 25, 1977,. as prepared by K.K. Designs, a copy of which is on file in the.office of the City Zoning Administrator. f. All proposed covenants and restrictions for said plat shall be approved by the City Attorney. g. All streets within said plat shall be owned and maintained in good and serviceable condition by the homeowners' association to be created under the provisions of 519 (e) hereof, and said streets shall be classed as non -dedicated common open space under the Chanhassen Zoning Ordinance to which the provisions of 921.03 thereof shall apply. h. The City, its employees, agents, successors and assigns, fire, police and public service utilities shall have a non- exclusive easement for ingress and egress over all streets within the plat as shall be necessary for public service and utility purposes. i. No vehicle parking shall be permitted on any of the streets within the plat. j. Until otherwise directed by the City, all streets within said plat shall be constructed of 12 inch crushed rock with a seal coat driving surface. Said streets shall be provided with 6 inch surmountable concrete curb and gutter. 20. Address of Developers. The address of the Developers for purposes of this Development Contract is: 323 Normandale Office Park,8200 Normandale Boulevard, Bloomington, MN 55437. 21. Successors and -Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding and inure to the benefit of their respective legal representatives, successors and assigns. 22. Headings. Headings at paragraph hereof are for the convenience be considered a part of the text of this influence its construction. am the beginning of section and of reference, and shall not contract, and shall not STATE OF MINNESOTA) ) ss COUNTY OF CARVER } On this day of before me, a notary public within and for said County, personally appeared Ernest Bundgaard and Mary Lee Bundgaard, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. N ar �Pu�ic�- X AAMAAAMhAAAAAA.1 n n ""A&VIV AAMAA. 'as s BETTY A. NAGLE s ,r, NOTARY PUBLIC-NIJNNE56TA HENNEPIN COUNTY x My Commission Expires Sept, 9, 1986 2 x IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN Ernest Bundgaard ZaYy� �%vIAttest: ;L��Bdgaard// - MAYOR City Manager WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN SCHOELL & MAOSON, ingc. ENGINEERS AND SURVEYORS 1512) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 January 15, 1981 e. Mr. Don Ashworth, City Manager City of Chanhassen P. O. Box 147 Chanhassen, Minnesota 55317 _G_1A•c 'M . 6,.L, Dear Don: We have reviewed the improvements completed to date in the Sunny Slope Addition pursuant to the letters of Mr. Allen Gray�� (12/30/80) and Mr. William Brezinsky (1/7/81). On inspecting the completed improvements, we find them to be acceptable and recommend that the City reduce the securities it now holds by /%-1 4 / the appropriate amount. RSHarri:mkr Very truly yours, SCHOELL & MADSON, INC. Rw -14WV � Action by lf_; ,�...... Rejected-—. Date Subaliiier to Ccmm;ssion Date Suh,- :t-/�' to CNIM R1 12-30-80 tJf� StA CA fe [✓L i"/..a../d G 74i - Mr. Don Ashworth, City Manager 6-1. City of Chanhassen Chanhassen, Minnesota 55317 �'C_°j ' Re: Sunny Slope Addition on Lake Riley Dear Mr. Ashworth: Last September the Council for the City of Chanhassen gave us until July lst, 1981 to complete the terms of our developement con- crr-xi tract at Sunny Slope on Lake Riley. y We are happy to report that we have been able to install curb & gutter, landscape andoo G d o . —Pj- �" dress the street and parking areas for black- ? :/ topping before the weather caught up with`o� As soon as the weather permits we will black-�v14- top, seed, install street lighting and per- form the final touches. Estimated cost of work remaining is $15,000.00.A� It would now please us if the proper agencies for Chanhassen would inspect and approve in- stallations to date, then reduce securities held to 110% of the work remaining. Thank you for past courtesies. Sincerely, Allen Gra . 123—'t� `br CEC1981 RECEIVED 'VILLAGE Or �ANHASEi�TI, MINK ALLEN GRAY & COMPANY Advertising n V Pubic Relo ionv 5100 Eden Avenue Minneopolil Minneroto 55436 (612) 922-7799 �r uBURe4N NOINEERING -- I NC. — Main Office 571-6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890.6510 Li Civil, Municipal & Environmental Engineering 1101 Cliff Road ❑ Land Surveying • Land Planning a Soil Testing Burnsville, Minnesota 55337 Mr. Don Ashworth, City Manager City of Chanhassen Chanhassen, MN 55317 Dear Mr. Ashworth: January 7, 1981 AN 0"' y e At' Re: Sunnysl ope Addition n^ 7 f�'COP% a This will confirm the letter you received from Allan Gray of December 30, 1980, regarding construction work remaining on the subject project. We estimate total future construction and en- gineering to be $14,716.70 as itemized below: Construction Item 1. 1-1/2" Bituminous Wearing Course 2. 2" Bituminous Base Course 3. 3-1/2" Bit. for Parking Areas 4. Structure 5. Street Signs and Lighting 6. Sodding 7. Seeding TOTAL CONSTRUCTION COSTS ESTIMATED ENGINEERING & SURVEYING TOTAL ►/001 1890 s.y. @ $2.29 = $4,328.10 1890 s.y. @ $2.52 = $4,762.80 Lump Sum = $1,975.80 1 ea. @ $500.00 = $ ;500.00 Lump Sum = $1,150.00 300 s.y. @ $2.00/s.y: $ 600.00 .5 Ac. @ $1200/Ac. = $ 600.00 3,9 6.70 COSTS = 800.00 4,716.70 As contracts have been let for the work listed, we would expect little variance in the estimated costs. WJB/cls cc: Allan Gray 5100 Eden Avenue Minneapolis, MN 55436 Sincerely, SUBURBAN ENGINEERING,.INC. William J. Brezinsky, P.E. JAN 1981 RECEIVED VILLAGE OF 3 CHANHASSi~rNi, Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. e 6 Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. Riley- Purgatory Creek Watershed District December 3, 1980 Mr. William Brezinsky Suburban Engineering 6875 Highway 65 NE Minneapolis, Minnesota 55432 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55344 Re: Utility Construction for the Sunnyslope Addition: Chanhassen Dear Mr. Brezinsky: The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the plans submitted to the District for utility construction on the Allan Gray property, Sunnyslope Addition in Chanhassen. The Managers approve the utility plans for this project subject to the following conditions: 1. The District requires that the proposed sedimentation facility, baffle- weir and ponding basin, be maintained to ensure its effectiveness in preventing sedimentation from reaching Lake Riley. 2. The District requests to be notified 48 hours prior to commencement of utility installation. If you have any questions regarding the District's comments, please call us at 920-0655. RCO/111 c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Bob Waibel 456 0 �o DEC1980 . CFJV'E� `" dE top' NcDNHpgSEN, �' MitNN- fig' SSG . �'z�czo2�� \ Sincerely, 4ert1C.. Obermeyer BARR ENGINEERING CO`. Engineers for the District Approved by the Board of Managers RILEY-PURGATORY CREEK WATERSHED DISTRICT G}� �J._--President Date: j -L/ ? 1, MEMORANDUM CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 o a M-f e-11- 1I1 Ilk - DATE: November 26, 1980 TO: City Manager, Don Ashworth �, I FROM: Land Use Coordinator, Bob Waibel SUBJ: Sunnyslope Addition Street and Drainage Construction PLANNING CASE: P-30'i a� In response to your question on the City's involvement in the above matter, I have contacted Bob Obermeyer of Barr Engineering, Bill Brezinsky, and Jim Orr and report the following: The grading, drainage and erosion control plans have received staff approval of the Riley -Purgatory Creek Watershed District and a formal Board action will be forthcoming in December. From my conversation with Bob Obermeyer, it was apparent that there is no problem with proceeding with the construction activities at this time. Both Bill Brezinsky and Jim Orr have indicated that Schoell and Madson field inspectors will be notified as the streets are installed. Mr. Brezinsky stated that he would be contacting Schoell and Madson today and informing them that the instal- lation of bituminous street surfacing is scheduled to occur on Monday, December 1. Although this is intended to be a private street and no final acceptance action will be taken, I feel that a brief inspection report from Schoell and Madson may be appropriate. Please advise i'f there is any further information needed by your office on this item. BW:nr ® USURBAN �jF NBINEERINQ INC. aCivil, Municipal & Environmental Engineering ❑Land Surveying • Land Planning • Soil Testing '� 0 �0 City of Chanhassen c/o Mr. Don Ashworth P.O. Box 147 Chanhassen, MN 55317 Dear Mr. Ashworth: Main Office 571.6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890-6510 1101 Cliff Road Burnsville, Minnesota 55337 October 21, 1980 "Z Poll -- Re: Allen Gray Sunnyslope Addition; Street and Drainage Construction Enclosed for your review are Plans and Specifications for street and drainage construction in Sunnyslope Addition. The owner, Mr. Allen Gray, is committed to completing the work this year. Street work includes completion of 18 and 24 foot wide streets with concrete curb and gutter in accordance with previously approved plans. The Riley -Purgatory Creek Watershed District Engineer has ap- proved the drainage plan and authorized construction of the facil- ities prior to actual Board approval (expected in November.) Pro- posed drainage work includes construction of drainage swales, a ponding area and a baffle -weir sedimentation control structure. Temporary hay bale dams will be installed to control erosion and sedimentation during construction. As bids are scheduled to be taken on Friday October 24th, re- view of the plans at your earliest convenience would be appreciated. Sincerely, SUBURBAN ENGINEERING, INC. William J. Brezinsky, P.E. WJB/cae Encl. cc: Schoell & Madson, Inc. Mr. Russell Larson Mr. Allen Gray Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Sure. Wm. E. Price, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Kim W. Woldof, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. yl i h CARBON Sr MERTZ ' C- p11G ATTORNEYS AT LAW C,/ R�CE�y'ED 0) 1900 FIRST BANK PLACE WEST r �r� v� RUSSELL H. LAIR AG �.E of,, V VILLA �VINNEAPOLIS, t-11NINESOTA 55402 CRAIG M. MERT2 CHANFlpSSENr, .�. TELEPHONE pIl1NN�&, (6112) 335-95.6 � 5_ OF COUNSEL `U August 15, 1980 HARVEY E. SKAAR \�,o � •(-. � � � ��v CSC ,�p�' " / /ryJ MARK C. McCULLOUGH `I �/1 �"a ,Se Gor� 7'�~¢ Y Mr. Allen Gray pc ,6�-gig 4sf=�, -7� S"Irk � �Br�'i/�•v Suite 323 bC.00yo/Qf, alaf{ 8200 Normandale Blvd. / 11921 Minneapolis MN 55437 04 "'9 A o-Nwa�y 'A C c r; -'I E. S —5 Re: City of Chanhassen Sunnyslope Additions"2'° rE w J To iN1'ti re 7qc(�-+eK �� Co•-to/!�� Dear Allen: Don Ashworth has asked me to respond to you relative to your request for an extension of time beyond September 1, 1980, within which to complete the improvements in Sunnyslope Addition as required by the City's agreement with you. I have been. advised by Don that the matter of your requested extension will be on the City Council agenda for the meeting of September 8th. It would be to your interest to be present to present your side of the matter. There is no question but that the City has the right to step in and complete these improvements and assess the costs back to the benefited properties, following the public hearing and bidding processes required in the making of public improvements. As an alternative or supplement to the assessment procedures, the City could sell one or both of the lots 'held by it as security for the performance of the work and related expenses. This entire matter is further aggravated by a serious surface water drainage problem which has arisen, and which, as I under- stand it, can be corrected in large part by the completion of the street improvement. In my opinion, the undertaking of these procedures. would, in all likelihood, add significantly to your expense and also cause delays in the doing of the work. Hence, at this juncture, the City staff is reluctant to recommend to the Council that it act in that direction, however, should you not be able to offer, on September 8th, a viable program for the expeditious completion of the improvements, the staff shall have no choice but to make such a recommendation. Very truly yours, RUSSELL H. LARSON RHL:ner Chanhassen City Attorney cc: Donald W. Ashworth Bob Waibel Gov LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ Q OF COUNSEL August `+ 15 ► 1980 HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Allen Gray Suite 323 8200 Normandale Blvd. Minneapolis MN 55437 Re: Charges, City of Chanhassen Dear Allen: 17 TELEPHONE (612) 335-9565 I have been asked to respond to your inquiry concerning the recent billing for $720.05 you received from the City'for various services rendered relative to your Sunnyslope Addition. These charges, and the time slips maintained by this office, have been reviewed by me and found to be accurate. There was no duplication of billing with regard to the development contract. In December of 1979, and January and February of 1980, this office was brought back into the development contract work by your agent, Mr. Pankonin of Mary Anderson Builders, and the City Planning Department, to revise the development contract at Mr. Pankonin's request. As noted above, the billings attributable to this office are correct, and in our opinion, fay�d easonable. Very ru y s, .USSELL H. LARSON Chanhassen City Attorney RHL:ner cc:- Donald W. Ashworth Kay Klingelhutz .OV AUG 1980 �tl August 7, 1980 cc*=". RECEIVED vVILLAGe op, CHANHASS9% Mr. Robert Waibel, Land Use 1�9� MINN. � Coordinator P. O. Box 147 Chanhassen, Minnesota 55317 Re: Development Contract, Sunny Slope Addition. Dear Bob - Thank you for the courtesy of your time yesterday, and thank you for hearing about my frustrations with regard to Sunny Slope. We have no wish to embarrass the city or to create an untenable precedent, but the immediate past economic crisis in land develop- ment has made most exceptions ordinary. We will have trouble meeting a September 1st deadline. I beg you to ask the plannillg board, the city council, the mayor, those in power to consider'fTwe've survived and grant us a reasonable extension of the deadline. Surely there can be no question we have been acting in good faith, or that it is in the best interests of all concerned to conclude the project as it began... with good will, pride and enthusiasm. Mel Luloff, builder of the new home on Lot 3, Sunny Slope, thinks he may be able to raise the funds needed for curb, gutter and bituminous surface. Should these monies not develope he believes we are close enough to good times to approach his/my bank. And, Mary Anderson Realty is getting some excitement. In other words, today —things look better than they have in three years. Sincerely, 1G Allen Gray. PS I don't remember being asked by Schoell & Madson, Inc. to file for a permit from any water shed commission, or told I had a responsibility to a water shed review board. Now that AI.I.EN GRAB I do know, we will make immediate inquiry of Mr. Ober- meyer. & COMPANY Advertising Media Productions 6 E. Diamond lake Rd. Minneapolis, Minnesota 55419 (612) 827-1775 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P,O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Wa'ibel DATE: August 7, 1980 SUBJ: Completion of Improvements Addition PLANNING CASE: P-300 pb �� ca � Igv O 4 and Erosion Problems, Sunnyslope As you know, the City Council in it's amending of the development contract for Sunnyslope Addition, extended the completion of improve- ment deadline to September 1, 1980. Upon reviewing the subject property, there still remains the completion of installation of concrete curb, gutter and bituminous road surfacing with possible finish grade work. With regard to the progress of work to date, and also the oncoming close of the construction season. I would recommend that we notify Mr. Gray of our intentions to convert the securities for the completion of said improvements. Additionally, as shown in the attached, the Minnesota Dept. of Natural Resources, and Riley Purgatory Creek Watershed District have substantiated that there presently exists an erosion and sedimentation problem in and around the subject property. As a result, there is a request for an erosion control plan to be submitted for review and approvals. It is my feeling that much of the problem is attributable to the farm land directly to the north, nonetheless, a plan will need to be prepared regardless of the source of the problem or allocation of the cost of the plan to remediate the problem. Please advise as to any actions this office should initiate on this matter. E CITY OF 0� CHANHASSEN " 7610 LAREDO DRIVEoP 0 BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth FROM: Building Inspector, Jerry Schlenk DATE: August 6, 1980 SUBJ: Drainage Study, Sunnyslope and Part of Shore Acres Attached please find a map of Sunnyslope and Shore Acres, minutes of the Riley Purgatory Creek Watershed District, letter from Schoell and Madson to Bob Obermeyer dated June 30, 1980, letter from Schoell and Madson to Bob Waibel dated June 30, 1980, letter from DNR to Bob Waibel dated July 21, 1980. Would you please place this on your council agenda of August 18, requesting the engineer to do a feasibility study of this drainage area so the City can take care of this problem on September lst when we are completing the balance of the work that has to be finished within the project of Sunnyslope Addition. DNR-8 " 1 STATE HG0�IrLQ EPARTMENT tH� T Metro Region Waters, PHONE: 2g6-7523 OF NATURAL RESOURCES 1200 Warner Road, St. Paul, MN 55106 July 21, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Attention: Mr. Bob Waibel RE: DRAINAGE, SUNNYSLOPE ADDITION Dear Mr. Waibel: File No A field inspection was made of this site with Rodney Gordon and Bob Obermeyer. The erosion problem that exists would be best rectified by an overall stormwater plan for this watershed. This plan should include removal of the accumulated sediment in Lotus Lake and should provide for drainage of both Sunnyslope Addition and the adjacent cropland. The grass swale mentioned in Mr. Gordon's June 30, 1980 letter may not provide the degree of protection desired with ultimate development of the watershed. Department of Natural Resources (DNR) jurisdiction is over alterations to Lotus Lake. It is quite clear that the DNR can order the removal of the sediment that has eroded into Lotus Lake; however, the most effective way to limit sedimentation into the lake is to first stop the problem at its source. Under DNR Permit Rules 6 MCAR 1.5025 D-1, no permit is needed for the removal of the accumulated sediment as long as the work does not alter the original lake bed. Please notify me of the city's decision on how the erosion problem will be eliminated. If you should have any questions pertaining to this matter, please feel free to contact me at your convenience. Sincerely, Kent Loek�e/smoe Regional Hydrologist KL/ch cc: Allan Gray & Company Advertising Bob Obermeyer, Riley -Purgatory WSD Rodney Gordon, Schoell & Madson AN EQUAL OPPORTUNITY EMPLOYER JUL 1980 RECEIVED vIu.aae Cir AHANHA88g'N, >, A"him c i� WILLIAM D. SCHOELL CARLISLE MADSON Ion JACK T. VOSLER i JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON 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 Mr. Robert Waibel, Land Use Coordinator P. O. Box 147 Chanhassen, Minnesota 55317 Dear Bob: SCHOELL & MADISON, INC. ENGINEERS AND SURVEYORS 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS June 30, 1980 Subject: Drainage, Sunnyslope Addition Chanhassen, Minnesota Our File No. 10094 On June 11, 1980, Bob Obermeyer and I investigated a drainage problem near the. southwest end of Lake Riley Boulevard where there is a washout forming and sediments are being deposited in Lake Riley. The runoff causing this problem originates in the area north of Lake Riley and includes a cultivated field and a new development called Sunnyslope Addition. The majority of the runoff presently comes from the field and runs through Sunnyslope Addition. At present, the development does not contribute much to the runoff as it is not fully developed and is still mostly wooded and grassy area. The runoff from the field concentrates in two areas as it enters the north side of the development. It then passes through the development and when it reaches the partially constructed streets, it forms a washout which exists for approximately 300 feet. The water then enters a culvert which discharges into Lake Riley. Where the runoff enters the lake, there is accumulated sediments. Previously placed erosion control measures (hay bales) were washed into the culvert during the last storm and caused some flooding in the area. The watershed district requested that erosion control measures be continued and the project be finished. Bob Obermeyer of the district also mentioned that Allen Gray does not have a construction permit from the district and Mr. Gray should be notified of this. If you have any questions, please let us know. RBGordon:mkr Very truly yours, SCHOELL & MADSON, INC. .��z�y WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE 0.KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN -- SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS June 30, 1980 Mr. Bob Obermeyer Riley -Purgatory Creek Watershed Distri,:t Barr Engineering Company 6800 France Avenue South Edina, Minnesota 55345 Subject: Drainage, Sunnyslope Addition Chanhassen, Minnesota Our File No. 10094 Dear Bob: On June 11, 1980, we investigated a drainage problem near the southwest end of Lake Riley Boulevard where there is a washout forming and sediments are being deposited in Lake Riley. The runoff causing this problem originates in the area north of Lake Riley and includes a cultivated field and a new development called Sunnyslope Addition. The majority of the runoff presently comes from the field and runs through'Sunnyslope Addition. At present, the development does not contribute much to the runoff as it is not fully developed and is still mostly wooded and grassy area. The runoff from the field concentrates in two areas as it enters the north side of the development. It then passes through the development and when it reaches the partially- constructed streets, it forms a uashout which exists for approximately 300 feet. The water then enters a culvert which discharges into Lake Riley. Where the runoff enters the lake, there is accumulated sediments. Because of this problem, you have asked.about the status of construction on the development and what erosion control measures were being taken. We have since contacted the City and find it is not a City project. In this case, the City is the reviewing agency and the work is being performed by Allen Gray who can be corresponded with at the following address: Allen -Gray & Company Advertising 8200 Normandale Boulevard Suite 323 Minneapolis, Minnesota 55437 SCHOELL & MAOSON.INC. Mr. Bob Obermeyer Riley -Purgatory Creek Watershed District Page Two June 30, 1980 The City does have a development contract with Allen Gray that sets a deadline of September 1, 1980, as the completion date for the project. When this project is completed, there will be a grass swale that will carry the runoff through and from the development site into the culvert previously mentioned. The development contract also requires that the developer supply erosion control measures until the project is completed. The City intends to send a letter to Allen Gray requiring his compliance with the development contract. You also mentioned that there had been no application for a watershed district construction permit. In this case, the owner, Allen Gray, had said he was going to get the permit. If you have any questions, please let us know. Very truly yours, SCHOELL & MADSON-, INC. RBGordon:mkri�— cc: Mr. Bob Waibel, Land Use /. Coordinator f M] CITY DF 7610 LAREDO DRIVE®P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June g, 1980: Mr.. Bruce Pankonin %Marvin Anderson Realty 8441 Wayzata Blvd. Golden Valley, Mn. 55426 Dear Bruce: Attached please find the revs. Sunnyslope Addition as approv I'apologize for the delays in you have any:questions regard hesitate to contact me. velopment contract for the Chanhassen City Council. mitting such to you. If is- material, please do not Sincerely, I i's 115f, Bob Va hel yT Land Use Coordinator B.W : nw- ' Enc. �, �` "" • '�' s i �� ram.-., r c::v�- a ar•.Y.t �.'s� .-_t �r cc: Don Ashworth; r Oityl�fanager �..`_a-, ;�� SVC i RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Assistant City Box 147 Chanhassen MN Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 February 14, 1980 Manager 55317 TELEPHONE (612) 335-9565 Enclosed you will find our revised Development Contract for Sunny Slope Addition which incorporates the changes requested in your planning report dated January 7, 1980. I wish to call to your attention the following: 1. On the first page, in the final Whereas paragraph, please fill in the designation of the outlot to be seeded. The maps maintained in my file do not enable me to ascertain whether the tennis court property is outlot A or outlot B. The same information must be supplied for Section 1. The information required in Section 5 must be supplied. Section 9.02 of the Development Contract is new. In your planning report of January 7, 1980, you ask for an opinion from this office stating that proper performance securities have been given to the City. At the moment the City holds no security other than title to Lots 10 and 11 in the Subdivision. These lots are in effect collateral which could be sold to satisfy the cost of curing any default by the developer. It would be expensive and cumbersome to actually use this collateral for that purpose. However, the decision was apparently made in the Fall of 1978 to accept such lots in lieu of a performance bond or a cash bond because of an economic hardship situation in which the developers found themselves. If you find this contract to be in order,please supply the information requested and return the document to me. It is my understanding that Mr. Ashworth wishes this office to follow through on obtaining the signatures of Mr. and Mrs. Bundgaard. Very truly yours,. �j CRAIG M. MERTZ CMM:ner Enc CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: January 7, 1980 TO: Planning Commission and Staff FROM: Ass't. City Manager/LUC, Bob Waibel SUBJ: Development Contract Amendment Request, Sunnyslope Addition APPLICANT: Allen Gray PLANNING CASE: P-300 Attached please find a copy of the development contract for the subject subdivision towit Mr. Gray is requesting amendments to the improvement list on page 1 and paragraph 1 and also to paragraph 18 on page 5. As shown in enclosures 1 and 2, the subject property is located approximately 1500 feet south of the intersection of Lyman Blvd. and Lk. Riley Blvd. on the west side of Lake Riley Blvd., and that the development consists of a ring -road with residential lots on the periphery and a common open area indicated as outlot A. Specifically Mr. Gray is requesting that the putting green portion of the improvements be eliminated as part of the required improvements, and that paragraph 18be amended to allow for building and occupancy permits to be granted contingent upon the installation of sanitary sewer mains. When the subject proposal was going through preliminary development plan nevi"ew wiih the Planning Commission, it had been presented to the Planning Commission and the City Council that outlot A would be developed with a tennis court at its eastern end and a putting green at its western end. As far as has been indicated to this office, it is still the intent of the developer to construct the tennis court and that consideration has been given to the possibility of constructing a swimming pool at the area previously indicated to be putting green. Since the filing of the plat, it has been realized that a putting green facility would probably preclude a greater than desired amount of investment in grooming equipment and maintenance of the green itself in light of the fact that if the putting greens were established such might be found to be on an interim basis only. This office finds no problem with this area,at the outset, being groomed open area versus a putting green in order to allow the greatest flexibility Planning Report ,� -2-.. January 7, 1980 until an ultimate use is decided upon. In discussions with the applicants representatives regarding paragraph 18, the concern has been brought forth that this require- ment is quite restrictive in.that it would not allow for any winter construction of homes within the development this year. The City Council at its October 1, 1979 meeting moved to extend the completion of improvements deadline to September of 1980 at which time the improvements listed in paragraph 1 would have to be completed. As in most developments, the sewer mains have been installed and the streets have been prepared for installation of concrete curb and bituminous surfacing, however it is the City and the city engineers practice to leave roads in new developments to go through at least one frost cycle before the curbs and surfacing are installed to reduce any frost heave problems. It is the feeling of this office that the most important criteria for allowing any building and/or occupancy permits for new developments without hard surface streets is to assure that the sanitary sewer has been tested and accepted and that a crushed rock base has been placed on the streets all of which has been done within the subject development. Although paragraph 18 is a standard requirement for developments within the City, it has been the practice to allow residential construction and occupancy to occur if the aforementioned sewer and rock base installations have been completed and based upon such I would recommend that this be permitted in the Sunnyslope Addition. Recommendation I recommend that the Planning Commission move to recommend that the City Council amend the improvements list of the subject development contract to state seed or sod in place of putting green, and to amend paragraph.18 to allow -for issuance of building and occupancy permits upon the installation of sanitary sewer mains and street grading and stabilization. The above recommendation is contingent upon an opinion from the city attorney's office that proper performance securities have been given to the City. �Mll_ - I / � �/ ��/ -♦"W ANDERSON REALTY, INC. Al WAYZATA BLVD./GOLDEN VALLEY, MINNESOTA 55/'N12) 544-2838 EXISTING HOME SALES OFFICES: St. Paul Office 21 Century Avenue St. Paul, Minnesota Lyndale Office 8901 Lyndale Ave. So. Minneapolis, Minn. Golden Valley Office West Bloomington 8441 Wayzata Blvd 98th & Nesbitt Ave. Golden Valley, MN Bloomington, MN OFFIC' Colony Hill Crestview 11000 39th Ave. No. 2550 Mary St. Plymouth, MN Maplewood, MN January 10, 1980 Mr. Robert Waibel Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 RE: Sunny Slope Dear Bob: Attached, please find, for you consideration and review, the following documents regarding the development of the Sunny Slope Addition: Articles of Incorporation of Sunny Slope Homeowners Association, Declaration of Covenants, Conditions and Restrictions, First Amendment to Declaration of Covenants, Conditions and Restrictions and Addition of Omitted Bylaws of Sunny Slope Homeowners Association, and Bylaws of Sunny Slope Homeowners Association, all duly recorded in Carver County. Bob, please do whatever you like with these documents. Sincerely, 0190C 444� Bruce Pankonin MARV ANDERSON REALTY, INC. M, Enc. (4) `ARV ANDERSON REALTY, INC. ..41 WAYZATA BLVD./GOLDEN VALLEY, MINNESOTA 554. 12) 544-2838 EXISTING HOME SALES OFFICES: St. Paul Office 21 Century Avenue St. Paul, Minnesota Lyndale Office 8901 Lyndale Ave. So. Minneapolis, Minn. ucw unnuc ce1 cS OFFICES: Golden Valley Office West Bloomington Colony Hill 8441 Wayzata Blvd 98th & Nesbitt Ave. 11000 39th Ave. No. Golden Valley, MN Bloomington, MN Plymouth, MN December 18, 1979 Mr. Robert Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55417 RE: Sunny Slope Addition Dear Bob: Crestview 2550 Mary St. Maplewood, MN In response to your request, please find suggested revisions for Allen Gray's development contract. Specifically, we would like clarification on the following: 1. Page 1, item 9. Change "putting green" to sod or seed. Bob, a putting green is open to various subjective interpretations by the consuming public. Further, this area will, in all probability, contain a swimming pool. 2. Page 2, item 9. Same as above. 3. Page 2, paragraph 4. Change "September 1, 1979" to read, as the City Council directed, September 1, 1980. 4. Page 3, paragraph 5a. Insert Schoell and Madson, Inc.; July 1, 1978, and July 1978 in the blanks provided. 5. Page 5, paragraph 18. Should be eliminated in its entirety. This paragraph contradicts the contents of paragraph 4, page 2. 6. Page 6, paragraph 20a. Add: iii Setbacks: Principle structure shall be setback a minimum of 30 feet from the front and rear property lines and 10 feet from the side property lines. =C197 RECE VRID dCliANHA SENj MIN% C\, -"W ANDERSON REALTY, INC. 441 WAYZATA BLVD./GOLDEN VALLEY, MINNESOTA 55, 612) 544-2838 EXISTING 140ME SALES OFFICES: St. Paul Office 21 Century Avenue St. Paul, Minnesota Lyndale Office 8901 Lyndale Ave. So. Minneapolis, Minn. —CES: Golden Valley Office West Bloomington Colony Hill Crestview 8441 Wayzata Blvd 98th & Nesbitt Ave. 11000 39th Ave. No. 2550 Mary St. Golden Valley, MN Bloomington, MN Plymouth, MN Maplewood, MN Page 2 iiiii New residential construction, within the Sunny Slope addition, shall be exempted from contributing park land dedication funds, as outlined in City Ordinance 14, because the development has provided open space for its residents and the community is not contemplating construction of neighborhood parks in the immediate area. 7. Page 7, paragraph 21. Should be changed to read: 6 East Diamond Lake Road, Minneapolis, MN. Bob, if you have any questions, please feel free to contact me at 544-2838. Thank you. Sincerely, Bruce Pankonin BP/db Enc. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LAR50N MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ December 17, 1979 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Bob Waibel Assistant Manager/Planner Box 147 Chanhassen MN 55317 Re: Sunny Slope Addition Dear Bob: TELEPHONE (612) 335-9565 Enclosed you will find a photocopy of Allen Gray's letter dated December 7, 1979 regarding the completion date for utility construction. Section 4 of the development contract requires that utility construction be completed by September 1, 1980. Section 18 provides that building permits will not be issued until the completion of the public improvements. You have some discretion in the treatment -of Mr. Gray's request. You can either treat this as a formal plan amendment requiring a public hearing, planning commission action and City Council action or you can treat this as a simple extension of time. If you choose to treat this as a time extension request, I suggest you place this on the City Council agenda as a consent agenda item. Your cover letter to the City Council should explain that by approving Mr. Gray's request, they are both accelerating the date on which homes could be constructed and delaying the date for completion of the public improvements. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner Enc December 7, 1979 Russell Larson Larson S Mertz Attorneys at Law 1900 1st National Bank Building Minneapolis, MN 55402 Dear Russ; Bruce Pankonin tells me you two spoke today regarding certain restrictions the city of Chanhassen imposed on Sunny Slope Addition which were to be met prior to the issuing of building permits. As 1 understand it I am to formally request that the whole of paragraph 18 be eliminated and in it's place a line be inserted to read all improvements including sewer, curb and gutter, off street parking, bituminous surface and tennis court to be completed by September 30, 1980. Please consider this letter to be such a request. Best regards, AlenL L Gray AG /mm cc: Bruce Pankonin COMPANY Advertising i filed (A Productions l Um r...,r.d Lake Rd. M cra .(As, Mimes= t5414 612) 8V 1775 CITY OF 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 December 13, 1979 Mr. Bruce Pankonin Mary Anderson Realty Inc. 8441 Wayzata Blvd. Golden Valley, MN 55426 Re: Sunr_yslope Addition Dear Bruce: As per our phone conversation the other day, I have the following information. The date of the utility plans and acceptance thereof as determined by Schoell and.Madson was July, 1978. In regard to your question on which date the project was ordered, the project was private in nature and as such was not ordered by the city council, however, on June 19, 1978, the city council did move to allow Schoell and Madson to carry out engineering services for the Sunnyslope Addition. As to the development contract amendment request, I have been advised by the city attorney's office that these.amendments could be considered if the specific.changes were requested in a letter form addressed to the city offices. If you have any questions or comments, please do not hesitate to contact me. Sincerely, 11,4 Bob Waibel Asst. Manager/Land Use Coordinator BW:k LAI SON & MI:I2TZ ATTORNEYS AT LAW IDOO FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 February 14, 1980 1 Or COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH . Bob Waibel Assistant City Manager Box 147 Chanhassen MN 55317 Dear Bob: Enclosed you will find our revised Development Contract for Sunny Slope Addition which incorporates the changes requested in your planning report dated January 7, 1980. I wish to call to your attention the following: 1. On the first page, in"the final Whereas paragraph, please fill in the designation of the outlot to be seeded. The maps maintained in my file do not enable me to ascertain whether the -tennis court property is outlot A or outlot B. 2. The same information must be supplied for Section 1. 3. The information required in Section 5 must be supplied. Section 9.02 of the Development Contract is new. In your planning report of January 7, 1980, you ask for an opinion from this office stating that proper performance securities have been given to the City. At.the moment the City holds no security other than title to Lots 10 and 11 in the Subdivision. These lots are in effect collateral which could be sold to satisfy the cost of curing any default by the developer. It would be expensive and cumbersome to actually use this collateral for that purpose. However, the decision was apparently made in the Fall of 1978 to accept such lots in lieu of a performance bond or a cash bond because of an economic hardship situation in which the developers found themselves. If you find this contract to be in order,please supply the information requested and return the document to me. It is my understanding that Mr. Ashworth wishes this office to follow through on obtaining the signatures of Mr. and Mrs. Bundgaard. Very truly yours, �7 CRAIG M. MERTZ CMM:ner Enc, October 18, 1979 e 7610 LAREDO DRIVEsP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Allen Gray & Company Attn: Allen Gray 6 E. Diamond Lake Road Minneapolis, MN 5541S Y V �C) Dear Mr. Gray: o On October 1, 1979, the Chanhassen City Council approved the time extension for the Sunnyslope Addition as requested in your letter of September 21, 1979. `4' This letter of confirmation as well as your letter of request of September 21, 1979, will act as the official change in the contract together with conditions of such. Should you have any questions in regar:.ds to this letter, please feel free to contact me. Sincerely, Don Ashworth City Manager DA:k cc: City Attorney, Russell Larson City Land Use Coordinator, Bob Waibel , Sunnyslope Planning File (Including Enclosure - Gray Correspondence 9-21-79) . - y \.:`Y •.i�,11� N+t4y(_ f,�>:y.`Sy�l'+a:1f ��1. �5Y 9-21-79 Atom by". wworop Mr. Donald Ashworth City of Chanhassen��. 7610 Laredo Drive °i--- - P . 0. Box 147 Chanhassen, Minnesota 55317 _� LULL. �0Witt" tu, d+s 40 Re: Sunny Slope Addition, Lake Riley Oct l -7i Dear Mr. Ashworth: The stipulations of the developement contract for Sunny Slope Addition on Lake Riley specify that. certain work be completed by September of 1979. The sewer service is in, a road suitable for bitu- minous surface is compete, but that is the extent of our improvements to date. Two lots were sold. The proceeds were applied against the sewer and road construction since the costs grossly exceeded the bid and not enough money had been put in escrow. We are still obligated in that matter for more than 8,000 dollars. No new houses have been built. The two lots sold were bought for speculation. We have negotiated with nearly every builder available. There has been interest but no signatures affixed. It does now seem we have one very interested builder to respond favorably and who will build homes to do credit to Chanhassen. We are firmly committed to complete the amenities as agreed by contract and we will apply whatever monies we acquire, as acquired, with first priority to that purpose. In the meantime we respectfully request the deadline be extended til September of 1980. Very, sincerel . - Ernest Bundgaard a/k/a Allen Gray. 'NP a 3�� sn z �� 09f.0 ti ALLEN GRAY & COMPANY Advertising Medio, Productions 6 E. Diamond Lake Rd. Minneapolis. Minnesota 55419 (612) 827-1775 N Rev. 2-7-80 CMM CITY OF CHANHASSEN SUNNY SLOPE DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this day of 1980, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the City, and ERNEST BUNDGAARD and MARY LEE BUNDGAARD, hereinafter refer- red to as the Developers. WITNESSETH: WHEREAS, the Developers are the fee owners of certain lands located in Government Lot 3, Section 24, Township 116 North of Range 23 West, Carver County, Minnesota, and situated in the City of Chan- hassen; and WHEREAS, the Developers have made application under the City Subdivision and Zoning Ordinances for City Council approval of single family residential development preliminary plat of said lands and rezoning from RlA, Agricultural Residence District to P-1, Planned Residential Development District, said plat to contain approximately 5.4 acres, divided into 12 lots and 2 outlots, and to be.knowh as Sunny Slope Addition; a copy of said proposed plat as prepared by Lot Surveys Company, surveyors, dated September 20, 1977, being on file in the office of the Chanhassen Zoning Administrator and hereafter referred to as the "plat;" and WHEREAS, the City Council by its resolution passed November 21, 1977, has approved said preliminary plat and rezoning, subject to and on condition that the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, curbs, gutters, driveways, storm and surface water drainage facilities, street signs and lighting, municipal sanitary sewer facilities and underground electric and tele- phone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developers have made application to the City to be allowed at Developers' 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. Street signs; e. Underground electric and telephone utility lines; f. Street lighting; g. Tennis court and off-street n rking areas. h. Sod or seeding of outlot ry NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of Sunny Slope Addition, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their 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. Street signs; e. Underground electric and telephone utility lines; f. Street lighting; g. Tennis court and off-street parking areas, h. Sod or seeding or outlot 2. . Standards of Construction. Developers agree 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 standards,.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 Developers. 4. Schedule of Work. The Developers further agree that they shall have.all work done and improvements hereunder fully completed to the satisfaction and approval of the City on or before September 30, 1980. The Developers shall submit a written schedule indicating 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 Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinafter specified for completion. 5. Roads and Sanitary Sewer Facilities. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of roads and sanitary sewer facilities in said plat, ,said plans and specifications to be in substantial accord with, -2- proposed plans thereof prepared by and filed with the City on , 1978 the general layo t of said,improv men ? being shown on.plan dated �� a copy of which is on file in the office of the Chanhassen Zoning Administrator. All plans and specifications shall be subject to the final approval of the City engineers. b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. 6. Reimbursement of Costs. The Developers 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 Developers. 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 Developers, the Developers' contractors or sub -contractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, 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 improve- ments hereunder; and that the Developers 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 Developers 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 Developers without such written order first being given shall be at its own risk, cost and expense, and Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. 9. Enforcement Provisions. 9.01. Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in Sl 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 materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, a corporate surety bond approved by the City and. naming the City as -3- 4 obligee thereunder, or an irrevocable letter of credit approved by the City in an amount equal to 110% of cost of completing the improvements described in §1 hereinabove as estimated by the City Engineer. 9.02. Conveyance of Land In Lieu of Bond. In lieu of providing the cash deposit, corporate surety bond, or letter of credit described in §9.01 above, the Developers may, at their option convey fee title in Lots 10 and 11, Sunny Slope Addition to the City of Chanhassen free from all encumbrances. Title to such lots shall be reconveyed to the Developers at such time as the Developers have fully performed all of their duties and obligations under this. contract, including but not limited to the completion of the improve- ments described in §1 above in accordance with §§2, 3, 4, and 14 of this contract. 9.03. Remedies Upon Default. A. Assessments. 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 then (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in 51 above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as,,a special assessment under M.S. Chap. 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the subject property for amount so unpaid, and the City shall have the right to foreclose said lien. in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. 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. B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety its performance bond, or utilize any cash deposit made or letter of'credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of improvements ( 2 ) the cost of Developer in covenants an completing the construction of the described in §1 above; and curing any other default by the its performance of any of the d agreement contained herein; and -4- (3) the cost of reasonable engineering, legal, and administrative expense incurred. by the City in enforcing and administering this contract. C. Sale of Land. In addition to the foregoing the City may sell at public auction, or at private sale in a commercially reasonable manner, at the City's option, the lots described in §9.02 above. The proceeds of such sale or auction shall be used to pay or reimburse the City for: (1) the cost of completing the construction of the improvements described in §1 above; and (2) the cost of curing any other default by the Developer in its performance of any of the convenants and agreement contained herein; and (3) the cost of reasonable engineering, legal, and administrative expense incurred by the City in enforcing and administering this contract. . Any proceeds of such sale in excess of such payments and reimbursements shall be refunded to the Developers upon the expiration of the one-year period described in §14 below. D. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed. dwellings. 10. Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, driveway surfacing for the benefit of each lot within the plat, the materials and installation of which shall be approved by the City engineers. For the purpose of further assuring to the City that the improvements required by this §10 shall be constructed and installed according to the requirements of this Agreement, Developers or their assigns agree to deposit the sum of $300.00 per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Developers or their assigns upon approval of the installations by the City. 11. Erosion Control. Developers, at their expense,. shall provide temporary dams, earthwork or such other devices and practices, 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 plat during all phases of construction, including construction on individual lots. Developers shall keep all streets within and outside the plat free of all dirt and debris resulting from con- struction therein by the Developers or their agents. -5- 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 within the plat shall be the sole obligation of the Developers and their assigns. The Developers shall install the City approved street lights at the Lake Riley Boulevard intersection with the plat entrance street, and the furnishing of electrical energy, therefore, shall be the obligation of the Developers and their assigns. 14. Replacement. All work and materials performed and furnished hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developers at Developers' sole expense. 15. Liability Insurance. The Developers 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 Developers' 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 $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. 16. Sewer Revenues. All sanitary sewer services charges shall at all times be bille 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 Developers of the sanitary sewer improvements set. forth in §1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said sanitary sewer improvements to the City free of all liens and encumbrances and with warranty of title. Should the developers 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 and Occupancy Permits. The Developers covenant and agree 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 Developers have completed the street grading, stabilization and installation of sanitary sewer mains to the City specifications. Issuance of any building permit or permits to the Developers 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 no "the Developers shall be grounds for denial of building permits within the plat. The Developers further covenant and agree that no occupancy permits shall be requested and the City shall not be required to issue any occupancy permits until municipal sanitary sewer lines, electrical utility lines, and telephone utility lines are available to serve the lot for which an occupancy permit has been requested. 19. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developers or their assigns 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 silta- tion, and similar potential.problems. ii. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City shall have the right, at the expense of the Developers or their assigns, 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. Developers acknowledge receipt of the reports of the City Zoning Administrator, Engineer and Planner relating to said plat, which reports are incorporated herein by reference and made a part hereof, and Developers agree to comply with the conditions of said reports consistent with the provisions of the within contract. C. Side and rear lot utility easements on all lots shall be shown on the final plat. d. A perpetual utility and drainage easement 20 feet in width, centered on the side lot lines of Lots 7 and 8 of said plat, shall be granted to the City. e. Outlots_A and B of`said plat shall be reserved for the sole use of property owners within the plat. Developers shall organize a homeowners' association in the form of a non-profit corporation, and said Outlots shall be conveyed to and managed by said association. The articles of incor- poration and by-laws of the association shall be approved by the City Attorney. For purposes of this agreement, said -7- A i Outlots shall be classed as non -dedicated common open space under the Chanhassen Zoning Ordinance to which the provisions of §21.03_thereof shall apply. Said Outlots A and B shall be improved in the manner set forth on Developers' Site Plan dated July 25, 1977, as prepared by K.K. Designs, a copy of which is on file in the office of the City Zoning Administrator. f. All proposed covenants and restrictions for said plat shall be 'approved by the City Attorney. g. All streets within said plat shall be owned and maintained in good and serviceable condition by the homeowners' association to be created under the provisions of §19 (e) hereof, and said streets shall be classed as non -dedicated common open space under the Chanhassen Zoning Ordinance to which the provisions of §21.03 thereof shall apply. h. The City, its employees, agents, successors and assigns, fire, police and public service utilities shall have a non- exclusive easement for ingress and egress over all streets - within the plat as shall be necessary for public service and utility purposes. i. No vehicle'parking shall be permitted on any of the streets within the plat. j. Until otherwise directed by the City, all streets within said plat shall be constructed of 12 inch crushed rock with a seal coat driving surface. Said streets .shall be provided with 6 inch surmountable concrete curb and gutter. 20. Address of Developers. The address of the Developers for purposes of this Development Contract is: 323 Normandale Office Park,8200 Normandale Boulevard, Bloomington, MN 55437. ` 21. Successors and Assigns. It is agreed by and "between the parties hereto that the agreement herein contained shall be binding and inure to the benefit of their respective legal representatives, successors and assigns. 22. Headings. Headings at the beginning paragraph hereof are for the convenience of reference, be considered a part of the text of this contract, and influence its construction. of section and and shall not shall not IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN -- BY Ernest Bundgaardi MAYOR Attest: _ Mary Lee Bundgaard City Manager 4 STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 1980, before me, a notary public within and for said County, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, they did say that they are respectively the Mayor and the City Manager of the corporation named in the fore- going instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 1980, before me, a notary public within and for said County, personally appeared Ernest Bundgaard and Mary Lee Bundgaard, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public �.scC.rr /vJa. � w�rl11� 1/3/79 Mr. Donald Ashworth City of Chanhassen 7610 Laredo Drive P. 0. Box 147 +� Chanhassen, Minnesota 5531711, Re: Sunny Slope Addition Dear Don: BAN 1979 litCE'D ::QE of LA I'm enclosing a copy of an appraisal made by Wiley Appraisals, Incorporated relative to the value cf the lots in Sunny Slope, our new addition in Chanhassen. The purpose of this letter and the enclosure is to revitalize your enthusiasm in our project and perhaps even in your village. I've been told that I should credit myself with courage to do what's been done with Sunny Slope. Maybe it would have been wiser to sell off the raw land to professional developers when sewer was installed. However, it seemed to us that a much larger profit might ensue to us and to the village with a con- scientous developement of our own. So much for preamble. My concern now is the position the City of Chanhassen seems to have taken with regard to the construction already completed and to the payment of Sullivan and Company. It was my understanding, following the agreement on the develop- ment contract, that $30,000.00 was needed immediately to estab- lish sewer and road work within the project immediately. That that would make the lots attractive enough to warrant their being sold, that the remainder of the developement of tennis court, curbing, landscaping and bituminous surface could be done as additional money became available from the sale of the lots, and that we had at least until September of '79 to accom- plish the package. And, so that the City of Chanhassen would be assured of the completion of this work, the City would take a temporary deed to two lots, a deed they would release at such time as the remaining work was completed. It seemed a highly satisfactory arrangement from everyone's point of view and it seemed everyone was agreeably inclined. Now I'm told the City has changed its tack, that the money in ALIEN GAAY & COMPANY, Advertising Public Af=f birs 8200 Normondole Blvd. Suite 323 Minneapolis, Minnesota 55437 (612) 831-2878 Donald Ashworth - Sunny Slope Addition - 2 escrow cannot be released to Sullivan until all the work is completed, and that to me smacks loudly of bad faith somewhere. It is true that we all misjudged the cost of doing what has been done to date. Sullivan did, B rezynski did and I did. This was not the fault of anyone. We simply ran into soil conditions no one could have anticipated. I'm disappointed the project is $13,000.00 over estimate. Still, if Schoell & NTadson's figures for completion of the project are correct, the entire cost should still be under $70,000.00 which is not too far from the original figure, anticipated before we ever turned a spade. We would very much appreciate it if the City could be persuaded to return to what seemed to be the original proposal. We know there is not enough money in escrow to pay Sullivan his entire bill, but we've been led to believe that Sullivan would be willing to accept such funds as are in escrow as partial payment and wait for the sale of lots to insure his being paid the re- mainder. Bermel Smaby Realtors are confi:.aent we will have pur- chase orders come spring. We have investigaded the possibility of a letter of credit from a bank, or of getting liquid assets to guarantee the developement contract and find absolutely no liquid financial support in today's economy. It should be noted that Sullivan and the attorneys"who represent him are considering a mechanic's lien with immediate foreclosure rights, as things stand now. We could probably complete our projection in the face of such action, still that action would cause us to operate under a cloud, could discourage potential buyers and would likely cause hard feelings which I'm sure we'd all rather avoid. I beg you, and those who going back to what (as I mise. Let's pay Sullivan Ver truly yo,/11,s, .l /` l ate Allen Gray. PC: Russ Larson Bill Brezynski Bob Lukes work with you, to seriously consider understand it) was the original pre - what we can... and get on with it. S S pbo LARSON & MERTZ 11 ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING ' � e o RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 S� l TELEPHONE CRAIG M. MERTZ (612) 335-9565 December 27, 1978 7.v/ + OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Re: Gray's Sunny Slope Addition Dear Don: Please note the attached received today from Attorney James A. Beitz representing Sullivan's Services, Inc. As indicated in Mr. Beitz's letter, we had a discussion yesterday concerning this matter, and he requested that I assure him that no part of the security deposited with the City by Mr. Gray be disbursed until the question of the amount due Sullivan is resolved. I advised him that (a) I was not empowered to make this assurance on behalf of the City, (b) there were uncompleted items of work to be done (street wearing course, tennis course, putting green,etc.) under the development contract, and (c) that the security deposit could not be released, in whole or in part, to a Gray creditor at this time, until the City had financial assurances that the uncompleted work was financially secured. May I suggest that you authorize me to confirm to him in writing the above position of the City 1,. th' matter. Very,.. r 1 ;.yours, RUSSELL H. LARSON Chanhassen City Attorney RHL:mep Encl. cc: Bill Brezinsky ram' i DEC 1978 � Gs' ��►lL1.�►ISM OF �x i .MINK ZIP ffil, 1"L & .JOIINSON ATTORNEYS AT LAW JA`tEs A. BEIT7 I)AVID V1'. JOHNSON December 26, 1978 Russell H. Larson, Esq. 1900 First National Bank Building Minneapolis, Minnesota 55402 650 BUILDERS EXCHANGE BUILDING NI1NNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 339-6845 RE: Sullivan's Services, Inc. and Allen Gray Sunnyslope Addition, Carver County Dear Mr. Larson: This letter is written in confirmation of our telephone conversa- tion this morning. I represent Sullivan's Services, Inc. in the matter of its contract with Allen Gray to perform certain work in the Sunnyslope Addition to Chanhassen, Minnesota. I am attaching copies of the Agreement between the parties as well as the pertinent provisions of the Specifications and correspondence between Sullivan's and Schoell & Madson, Inc., Gray's engineers. You should be advised that Schoell & Madson confirmed the "go ahead" for Binder Rock, referred to at item 4 of Ed Sullivan's October 16, 1978 letter. Bill Brezensky will so confirm. As you can see this contract was a unit price contract. After Application for Final Payment, copy attached, was made to Schoell & Madson, as called for in Article 30, pages 23 and 24 of the Specifications, Schoell & Madson certified the work and authorized final payment. This was some two to three weeks ago. To date Sullivan's has not been paid. We cannot yet determine the defini- tive reason for Gray's refusal to pay. In our last contact with him he advised that "the City was dragging its feet." Previously we were led to believe that there was some dispute over the contract price. As I indicated to you this morning, we are interested in assuring that the security posted by Gray in the form of $26,000 cash plus title to Lots 10 and 11, Sunnyslope Addition, in lieu of bond, is being held in escrow by the City pending resolution of this dispute and that such security cannot be reached by Gray or his creditors or creditors of the City, pending such resolution. Russell H. Larson, Esq. Page 2 December 26, 1978 We request that you so inform us in writing. Please understand that the foregoing should not be construed as a formal, exclusive outline of the claim of Sullivan's, but is rather my understanding of the facts that I have available at this time. Sullivan's, of course, does not waive any of its rights against any of the parties. If you incur any problems in supplying the requested assurances, please contact us. I will be out of town until January 3, 1979, but my partner, David Johnson, will be available. Thank you for your cooperation. Sincerely," BEIT c• .TnUMQr)NT - Ja ' �A. i 7 JAB:kh Enclosures cc Mr. Edward Sullivan REQUEST FOR PAYMENT DATE: - _ 7,? REQUEST NO. PROJECT: ALLEN GRAY SUNNYSLOPE ADDITION GRADING, AGGREGATE BASE AND SANITARY SEWER CONTRACTOR: SULLIVAN'S SERVICES, INC. 3660 HIGHWAY 101 SOUTH WAYZATA, MN 55391 ORIGINAL BID COMPLETED ITEM UNIT THIS MONTH TO DATE UNIT AMOUNT UNIT _ AMOUNT UNIT PRICE Mobilization Lump Sum 2 000.00 L •s .1 0"•0b Common Excavation 4024 C.Y. 1.75 30.9 S oZ 9 7 .2 Modified Class 5 _ Gravel (100% Crushed Quarry Stone) 850 Tons 8.70 13 a 7. 7 8" P.V.C. Plastic Pipe 8' -10' Depth 60 L.F. 13.50 $ /O, CtU 10'-12' Depth 142 L.F. 15.50 01 .00 12' -14' Depth 282 L.F. 17.50 o26a 85, &.0 Manholes to 10' Depth 3 Ea. 900.00 70-0 , 0-0 Manholes, Extra Depth 5 L.F. 70.00 S 350,&0 6" P.V.C. Sewer Service Line 170 L.F. 13.50 / y 981+5U 6" Wye Service Connection 6 Ea. 60.00 Connect to Lift Station Lump Sum 500.00 �,5, QUO+8t3 Clearing and Grubbing 7 Trees 100.00 / / S 0o•0-0 9/n1DeG /0100 390, 1 690/.&0 TOTAL •S cl @ TO TR L ?5(., 8 ILi * I ior�rc .2633'' -el3, Jzl :'i1 rr •�lr?• �+r l.�t•"' r s+Fr�y' '�t�c'a. ,q. rir' j :a sr ti'. - -. �: 1 .� 'IrjR 'A 'r ! _v !'� rt,l r "•`t.f ��lrp � _ ��•9 .�E•r 1 r•b ! t AN ! � /'� Ir .; ,; •;} x f y aXt•t; 21•�,�•,,,,i-: .;,•;.,9• ,; •, SER1I��, ��.•� r " r.; .r. -�;; +f �;i }.�SF�!ER A ;jNATER;.r;�NSTALL•ATI' NS ' ';REPAIR EXCAVATING; �E1NER' CLEANING Y ,4 3�6Q Higllway South • Wayzata, Minnesota 55391 ' Ph6ne,'4734300 ,1. '+ October. 16, Mr. Bill- 8rezinaky Schoell Madav� r:Tne. f `` 50 Ninth'�A ,. i$o�th !r.f s, Weue:: �;j. (r. Hopkin$...i.eQr r M I , r r �, t ^ rli, , ! ? _r i , 9 r - J s - a,.•,'.I ' :Reference S� s�.ope' Additioq Chanhassen, Minnea r •{ o t� a .rry• Dear. •. i . r `'ll +- •, ,.F � .9'r t �'; l .� ° i9 . , , r. � t r Ilth Inr regards •;ter�gltt ;0 ition1978 atoer10;ChAnt 8! "yalope AdO ' �+ r. i. t, FM'y4•{�tw ''P 2 +�{' � � r , h I,t! ' rr" ! blac}c,,bg'' dut: put' of roadway' unit �u ',at i price, -of �.. A -cubicr:,y;k;4. ;2v(Sch0e11' Madson to'.. cross { r dirt moved 'off thi$ `projec Q for.amQunt � 0.1 'Fill roadwa y wtth material ton - site and c material ompact on a time btt a.i ;iourl,y , gates are as .�f tc ° r' i•1� ,?r7M0�O?r/er{ rt .r ,,'$_ ir, r tItnA (,yam^ 39.00t I ; 'r S , •r ' '! t".r ` • rt' H�4 .iBackhoei f, / 41: 0 hr c A� :. er } .:r t 6 , ubb •lire Loader'�9: Y,r hn a 39.OU/hr. , . ,t , d. 350. p n I� arm & Compactor 3b.Q'.0/hr of i. 2 ti `rl /`.. 1 q r. tt.• - 3 �to � t ^x;,:, •• ::t.:'•• '�. ,. :It i • g•Y `a4t �}''of.. V • ' I ,A� _ I,' ! �F 1 gush $ , 7U Psr , tan on Modified Clads 5 : gravel., i e q", Pr j, "t `rock),: 'the first , 850ton Plrice 'r ton; an::a will' .be Spring mount, used ;>fter;hg '1t .850 toin. AQck used: sp ' y ry :. %' /� n 1 t t }(��Q rto■•♦ tt f y t' l ,. f (!+•, �;' I /� rt Ut �i •°7 L - I l 11"� r I _ r 1 C i. 1 js r`li's'r t 9•r� ! i 'tk farii i ! •r} f ((' { � -11 : i J f �. - r e t• } r, 7y 'i} •i 3fr b f r f ; e r r fi fiiy,yy' ...r �J.S� i.. .S .. ,. �. }rl ♦ .M {•. ,.rra� r, r!, I,•!. , 1 1', 9 ,. ' I Ir h:'i 4. NO Thi 17, g nal. bid had an item for Binder Rock a� $lo.00 a tem-was'not-included'in the contract. WP' a ton*. addendup"O'n' this 'Will need an Please,aend 'me A'Jettero confirmation. Thank you SLUIVAN S .'SZg VXCES INC' an- EFS/pdl, , A W,l The4'' 4 9- October 16 1978..... Page i ..,,AJRE;EMVNT THIS': AGREEMENT,"made and_ signed this 21st day of' August, 1978, by and between 14r'. Allen 'Gray, 323 Norman'dale Office Park, A r 8200 Normandalo'BbulavardF' Bloom'ifigton, Minnesota, 55437, P?;;*in#fter kagyn Wayzata, Minnesota, 55391, hereinafter known #s the 4 . ..I t THIS AGREEKENT"WITNESSET11', that the Owner and Contractor, for consideration"he' reinafie'r''st'ated agree as follows: ARTICLE I. 'Vey qpvenanti;,,and agrees to perforqi a p;69v��,,,qryp ,,gf ; -tha.,Ip�4qs ,and speci- ficat49ns,�,,ndij� q.qj�4pjqw under Article IV, as approved by the Owner for: Granj,. cop sewer ap4,.,.� a of �o pervi Allen.-Groy s S nyslope Addition in Chanhassen, Minnesota. AIRT;q4 I iJ,, qon�,;Fact9r_aqr, eq." f a on dos ib. to jfjj. MVQ4.t4��p 4m4_qi; t4e wgjFk,. _kgtnt �y q ,A or before October 6, 1978. ARTZC,LE'III;. The Owner agrees to pay and the Contractor ,agrees,to receive and -*accept payment in accordance with the - 1 - price bid for the unit or lump sum items as set forth in the copy of the Proposal Form hereto attached, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be THIRTY ONE THOUSAND, TWO HUNDRED EIGHTY- EIGHT AND N0/100 DOLLARS ($31,288.00). ARTICLE IV. The Contract Documents shall consist of the fol- lowing component parts: 1) Specifications for Allen Gray Sunnyslope Addition Sanitary Sewer, Streets and Curb & Gutter as prepared by Schnall & Madson, Inc. and dated July 26, 1978; 2) Plau Nos. 10094-1 and 10094-2 as prepared by Schoel.l & Madson, Inc. and dated July, 1978; 3) All applicable City of Chanhassen Standards; 4) This agreement. THIS AGREEMENT, together with the documents herein above men- tioned form the Contract, and all documents hereinabove are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this Agreement have here- unto set their hands and seals as of the day and year first above written. A GRA SULLIVAN'S SERVICES, INC. By , Its z�' - 2 - PROPOSAL ALLEN GRAY SUNNYSLOPE ADDITION GRADING, AGGREGATE SASE AND SANITARY SEWER Data: August 21, 1978 Mr. Allen Gray 323 Normandale Office Park 8200 Normandale Boulevard Bloomington, Minnesota 55437 Gentlemen: The undersigned, SULLIVAN'S SERVICES INC. as bidder, proposes and agrees to furnish all labor, materials, equi;ment and supplies required to completely construct sanitary sewer, streets and curb & gutter to serve Sunnyslope in the City of Chanhassen, Minnesota, in accordance with the Plans and as described in the Specifications as prepared by Schoell & Madson, Inc., Engineers & Surveyors, Hopkins, Minne- sota, for the following luwP sum and unit prices: Mobilization c 2 Lump Sum $ 2,000.00 Common Excavation -14021:C Y- @ _ 5/C; $ 7,042.00 1-Y®7.70-1 Modified Class 5 Gravel (100% Crushed Quarry Stone) 850 Tons @ $8.70/Ton $ 7,395.00 8" P.V.C. Plastic Pipe 8'-10' Depth 60 L.F. /9 7 10'-12' Depth 142 L.F. / y.? 12'-14' Depth 282 L.F. 3 6117 S L.S . y �0 �' @ $13.50/L.F. 14 f,�D $_ 8i0.00 @ $15.50/L.F. 16 f,0' $ 2,201.00 @ $17.50/L.F. A 4 $ 4,935.00 Manholes to 10' Depth 3 Ea. @ $900.00/Ea. $ 2,700.00 Manholes, Extra Depth 5 L.F. @ $70.00/L.F. 350.00 6" P.V.C. Sewer Service Line 170 L.F. @ $13.50/L.F.V $ 2 295.00 6" Wye Service Connection Ea. @ $60.00/Ea. $ 360.00 Connect to Lift Station •' Lump Sum $ 500.00 Clearing and GrubbingTrees 7 ✓ ® $100.00/Tree�� 1,)�`f $ ..7.g 0 TOTAL BID BASED ON ESTIMATED QUANTITIES $ 31,288.00 / SULLIVAN SERVICES, INC. Byl1cL� c �. EDWARD F. SULLIVAN, VICE PRES. 3660 Highway 101 South Wayzata, MN 55391 ."N time to be within the Contract Time. The Owner shall have seven days after receipt of the tentative certificate during which he may make written objection to the Engineer as to any provisions of the certificate or attached list. If, after considering such objections, the Engineer concludes that the Project is not sub- stantially complete, he may notify the Contractor in writing, stat- ing his reasons therefor. If, after said seven days and after consideration of the Owner's objections, the Engineer considers the Project substantially complete, he will execute and deliver to the Owner and the Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from the Owner. 28.2. The Owner shall have the right to exclude the Con - Tractor from the Project after the date of Substantial Completion, but the Owner will allow the Contractor reasonable access to complete or correct items on the tentative list.' ARTICLE 29. PARTIAL UTILIZATION Prior to final payment, the Owner may request the Contractor in writing to permit him to use a specified part of the Project which he believes he may use without significant interfer- ence with construction of the other parts of the Project. If the Contractor agrees, he will certify to the Owner and Engineer that. said part of the Project is substantially complete and request the Engineer to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter the Owner, Contractor and Engineer will make an inspection of that part of the Project to determine its status of completion. If the Engineer does not consider that it is substantially complete, he will notify the Owner and Contractor in writing giving his reasons'therefor. If the Engineer considers that part of the Project to be substan- tially complete, he will execute and deliver to the.Owner and Con- tractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between the Owner and Contrac- tor for maintenance, heat and utilities as to that part of the Project. The Owner shall have the right to exclude the Contractor from any part of the Project which the Engineer has so certified to be substantially complete, but the Owner will allow the Contractor reasonable access to complete or correct items on the tentative list. ARTICLE 30. FINAL PAYMENT 30.1. Upon written notice from the Project is complete, the Engineer will make the Owner and the Contractor and will notify Contractor that the a final inspection with the Contractor in - 23 - writing of any particulars in which this inspection reveals that the Work is defective. The Contractor shall immediately make such corrections as are necessary to remedy such defects. 30.2. After the Contractor has completed any such correc- tions to the satisfaction of the Engineer and delivered all main- tenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other documents -- all as required by the Contract Documents, he may make application for final pay- ment following the procedure for progress payments. The final Application for Payment shall be accompanied by such supporting data as the Engineer may require, together with complete and legally effective releases or waivers (satisfactory to the Owner) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished there- under. In lieu thereof and as approved by the Owner, -the Contrac- tor 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 equipment 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 other- wise 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 satisfactory to the Owner to indemnify him against any Lien. 30.3 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment -- all as required by the Contract Documents, the Engineer is satisfied that the Work has been completed and the Contractor has fulfilled all of his obli- gations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to the Owner for payment. Otherwise, he will return the Application to the Contractor, indicating in writing his reasons for refusing to approve final payment, in which case the Contractor will make the necessary corrections and resubmit the Application. The Owner, will, within ten days of presentation to him of an approved final Application for Payment, pay the Contractor the amount approved by the Engineer. 30.4 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 Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage - 24 - stipulated in the Agreement, and if Bonds have been furnished as required in Article 33, the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted 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 pay- ment, except that it shall not constitute a waiver of claims. ARTICLE 31. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS 31.1 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 pay- ment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the Owner to the Con- tractor 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. 31.2 The making and acceptance of final payment shall constitute: 31.2.1. a waiver of all claims by the Owner against the Contractor other than those arising from unsettled Liens,from faulty or defective work appearing after final payment or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and 31.2.2. a waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled. ARTICLE 32. INDEMNIFICATION 32.1 The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided -that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. - 25 - 32.2. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly em- ployed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article 32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 32.3. The obligations of the Contractor under this Article 32 shall not extend to the liability of the Engineer, his agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of injury or damage. ARTICLE 33. CONTRACT BONDS 33.1. The Contractor will furnish performance and payment Bonds as security for the faithful performance and payment of all his obligations under the Contract Documents. These Bonds shall be in amounts at least equal to the Contract Price and in such form and with such sureties as are acceptable to the Owner. Prior to ` execution of the Contract Documents the Owner may require the Con- tractor to furnish such other Bonds, in such form and with such sureties as he may require. If such Bonds are required by written instructions given prior to opening of Bids, the premiums shall be paid by the Contractor; if subsequent thereto, they shall be paid by the Owner. ARTICLE 34. CONTRACTOR'S LIABILITY INSURANCE 34.1. The Contractor will purchase and maintain such insurance as will protect him from claims under workmen's compensa- tion laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupa- tional sickness or disease, or death of his employees, and claims insured by usual personal injury 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 or 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 under the Contract Docu- ments, whether such 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 insurance shall be written for not less than any limits of liability specified in - 26 - DIVISION B SPECIAL PROVISIONS B-1. PURPOSE This Division is intended to provide specific limits on the general requirements referred to in the General Conditions of these specifications, and to point out deviations on this Contract from the standard provisions of the following Divisions of these specifications. B-2. BIDDER'S BOND OR CHECK Each bid shall be submitted accompanied with a certi- fied check or bidder's bond from an acceptable company in the amount of Five Per Cent (5%) of the total bid or amount otherwise designated in the Advertisement for Bids. This )pond or check shall be a guarantee of good faith that the successful bidder will enter into a contract for the work should his bid be accepted. Should the successful bidder fail or neglect to enter into a contract upon bidding, the certified check or bidder's bond shall be forfeit as liquidated damages to the Owner. B-3. INSURANCE The Contractor shall take out and maintain in full force for the duration of the Contract the insurance designated below: A. Workmen's Compensation The Contractor shall take out and maintain during the life of the Contract workmen's compensation insurance for all his employees employed at the work site and shall require all his subcontractors to maintain insurance similarly. If any employees are engaged in hazardous work not covered by workmen's compensation insurance, the Contractor shall provide, and shall require his subcontractors to provide, adequate protection from employers' liability insurance for protection of employees not otherwise protected. B. Public Liability and Property Damage The Contractor shall take out and maintain during the life of the Contract, public liability insurance and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of work or the work of his subcontractors, or by one directly or indirectly employed by either of them. B-1 9/71 Limits for bodily injury or death shall be not less than $200,000 for one person and $500,000 for each accident; limits for property damage shall be $100,000 for each accident and $500,000 for accidents during the policy period. C. Automobile Liability The Contractor shall take out and maintain during the life of the Contract, automobile liability insurance on all self- propelled vehicles used in connection with the contract, whether owned, non -owned, or hired; public liability limits of not less than $200,000 for one person and $500,000 for each accident, property damage limit of $100,000 for each accident. D. Fire The Contractor shall carry full insurance against loss by fire and wind damage upon all materials in' place or stored at the site for installation. This provision does not exclude materials partially paid for by the Owner. This insurance shall be for the full insurable value of the material and shall be kept in full force until final acceptance and payment for the work by the Owner. B-4. PROOF OF INSURANCE - SPECIAL HAZARDS The Contractor shall submit copies of insurance coverage with the Owner. If any section of the work entails special hazards, the Contractor shall provide riders to the public liability and property damage insurance to provide protection from these special hazards. B-5. HOLD HARM -LESS AGREEMENT Insurance certificates shall include coverage for "Hold Harmless Agreement" as specified in Article 32 of the General Conditions. B-6: PERFORMANCE BOND Upon acceptance of the contract, the successful bidder shall be required to furnish the Owner with a performance bond in the form required by law, in the amount equal to the full amount of the contract, based on the Lump Sum Bid or the anticipated quantities and unit prices, as determined by the Engineer. Said bond shall be made on Miller -Davis Form No. 1636. This bond shall guarantee the proper prosecution and completion of the work and shall further guarantee the prompt pay- ment of all persons or firms furnishing labor,. tools, materials and supplies for the work. B-2 9/71 This bond shall be kept effective and in full force for one (1) year after completion and acceptance of the work. The bond shall serve as a guarantee of the function and workmanship of the work. This bond shall make the Contractor's sureties respon- sible for the satisfaction of the work against faulty workmanship or defective materials. Final acceptance of the work shall not relieve the sureties of responsibility for the work through collusion, faulty workmanship, or inferior materials for a period of one (1) year after this final acceptance. B-7. PLAN APPROVAL All work done under this Contract shall be in accordance with plans approved by the Minnesota Department of Health and the Minnesota Pollution Control Agency; and no work under this Contract will be done without such prior approval. B-8. SUBSTITUTIONS Where the Contractor desires to substitute an item as an equal of any item set forth in these specifications, he shall make a written request for approval from the Engineer not later than five days prior to the date and time for receipt of bids, and shall supply such descriptive information on the item proposed to be substituted as shall be required by the Engineer. If no written request for substitution is made, items as described herein shall be used. Only when specified items cannot be obtained will substitutions be allowed thereafter. Where equipment of other manufacturers than herein specified is supplied by the Contractor, he shall be responsible for all changes in work included in the scope of his contract, and for all changes in the work of others, made necessary by his substitution. B-9. CONFORMANCE WITH CODES All work shall conform with the requirements of the latest standards and codes compiled and published by: American Concrete Institute American Institute of Electrical Engineers American Society of Civil Engineers American Society of Heating and Ventilating Engineers American Society of Mechanical Engineers American Society for Testing of Materials American Water Works Association American Welding Society Illuminating Engineering Society Minnesota Department of Health Minnesota Industrial Commission National Board of Fire Underwriters National Electrical Manufacturers Association B-3 0 i7 1 The above requirements shall not be construed to per- mit a lower grade of construction where plans and specifications call for workmanship or materials in excess of code requirements. B-10. WATER AND ELECTRIC CURRENT Water for use by the Contractor in furtherance of the work will be supplied without cost by the Owner, in so far as it is available. All service connections for water shall be made by, and at the expense of, the Contractor. This facility shall be used only to the extent necessary for the installation and con- struction of the work included in these specifications. If, in the opinion of the Engineer, this facility is used in excess of this amount, the Contractor making excessive use shall be charged for such use. No electric power will be furnished. B-11. LOCAL LABOR All labor and materials shall be obtained locally as far as possible and practicable. Preference will be given to bidders using local contractors or subcontractors where such are skilled and experienced in this class of work, and as far as such facilities may be available and their use practical. B-12. COMPLIANCE WITH LABOR LAWS The Contractor shall strictly observe all laws, ordi- nances, official rules, and regulations concerning the hours of work, age, compensation, working conditions and the protection of employees. B-13. PROVISION FOR TRAFFIC In order to minimize inconvenience to adjacent resi- dents, no segment of street exceeding 600 feet in length shall be closed to traffic. Where width of right-of-way permits, the Contractor shall make provision for temporary one-way use of streets during construction operations. In no case shall the length of excavated area exceed 1,000 feet between beginning of the excavation and completion of roadway restoration to a pass- able condition in the Engineer's judgement. The Contractor shall install individual services concurrent with or immediately follow- ing the construction of mains. The Contractor shall provide and maintain warning signs and warning barricades at each end of the construction operation and adjacent to and alongside thereof at points where prudence requires, or where ordered by the Engineer. At all dangerous - intersections, by-passes, and intercepting roads the Contractor shall also provide and maintain such warning signs and barricades 9/71 B-4 as prudence requires or where ordered by the Engineer. All warning signs and barricades shall be provided with such elec- tric flashing lights as prudence required or as ordered by the Engineer. It shall be the Contractor's responsibility to in- spect all lights and barricades at least once every eight (8) hours, including Sundays and Holidays. He shall maintain the streets in a condition passable for ordinary vehicular traffic. He shall conduct his work so as to create a minimum of incon- venience to traffic and shall furnish not less than two flagmen at each location where loading or depositing of material requires the turning of trucks on any County or State Highway, or "main street" and where operation of equipment endangers traffic. Temporary suspension of work does not relieve the Contractor of the responsibility outlined in the above require- ments. B-ld. PROTECTING TREES AND STAKES Trees, branches and property stakes within and beyond the public right-of-way shall be protected from damage, with the exception of those trees designated for removal. Designa- tion for removal shall mean having been marked as such on the plans, or marked by the Engineer. Where the Contractor destroys property line stakes on the limits of the working right-of-way or beyond, the Owner will restore the property stakes and deduct the cost for this work from the money coming due to the Contractor. B-15 . PAYMENT Payment for the work shall be on the basis of the contract bid prices. If the Contractor shall desire the making of progressive partial payment, he shall submit to the Engineer, before the first application for payment, an itemized schedule of the quantities and value of the various parts of the work which shall add to the total sum of his contract. Payment will be made by the Owner not more than once each month for Ninety Percent (90%) of the cost of work completed, based on an esti- mate submitted to the Engineer by the Contractor and approved as to correctness by the Engineer. Upon completion and acceptance of the work by the Engineer and Owner, final payment will be made, including all monies due and retained amounts. The making of progressive payments shall not be con- sidered in any way an acceptance of any of the work or installation by the Owner, and the making of such payments shall not relieve the Contractor of any of the requirements of the Contract Documents. 3/76 B-5 6/21/78 Mr. Donald Ashworth, City of Chanhassen 7610 Laredo Drive P. 0. Box 147 Chanhassen, Minnesota Dear Mr. Ashworth: City Manager 55317 -I,- j •,, 01 ' JUN 3978 '- '��; tv3 RECEIVED w' t VR3.A(3E of 4_2 'AHANHASSEN, MINN. Sul We are finding great bank resistance in the areas of becoming responsible for a letter of credit to guarantee the developement Sunny Slope, Lake Riley Boulevard according to the developement contract as outlined by attorney Russ Larson and city planner Bruce Pankonin. The developement contract assumes $52,681.00 will complete the property to include curb & gutter, a long wearing bituminous surface, utilities, sewer connections for the five back lots, a tennis court, pitch and putt et. al. A 110% figure calls for $57,949.00. The land is free and clear. We have $30,000.00 cash on hand which is our own money and not borrowed. Bermel Smaby are the realtors of record and are certain the lots will sell within two seasons for an average price of about $27,000.00. There are 12 lots. Schoell and Madson are ready to begin moving dirt ... and we are looking for alternatives. One possible alternative, which needs your blessing, is that the per- formance bond be relaxed to include two phases. Phase I to include the rough road, utilities, sewer, curb and gutter and final iron staking. The estimated cost here is under $30,000.00. We would ;deposit $30,000.00 as you direct and draw from the ensuing fund exclusively to pay for these improvements. Bermel Smaby could then begin to sell lots, and monies gained from !these sales could be put back into the fund sufficient to guarantee completion of Phase II which would include the remaining pro- posed work of final surfacing of the road, tennis court, pitch and putt, and landscaping. Something has to be done to get us off dead center before this selling season escapes. We seem to be going from problem to problem, each requiring a decision making meeting and each meeting ocurring about a month apart. We are now so close to the finish line, any consideration by anyone to implement progress will be tremendously appreciated. It is also to the advantage of the city that the tenor of quality be developed in that area before other plans become evident. Please let me know if I can visit with you about this, relaxing of the performance bond can be accomplished. could turn dirt in about a week. Ver s i ere Allen Gray. or if you feel the We ALIEN GRAB' & COMPANY, Advertising Public Affairs 8200 Normon6ale Blvd. Suite 323 Minneopolis, Minnesoto 55437 (612) 831-2878 cc: Russ Larson. CITY OF=' CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 r MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: June 19, 1978 s'V 0_4 V4 6 -4 %f SUBJ: Engineering Services, Schoell and Madson, Allen Gray Subdivision Attached please find a letter from Allen Gray requesting that Schoell and Madson carry out engineering services for the Sunnyslope Addition on Lake Riley Blvd. This is not a new issue - such coming to the forefront in the development request of Hansen and Klingelhutz for their Saratoga Lane Addition and in the Trolls Glen Subdivision. I have attached a copy of a letter from Bill Schoell presenting the position of Schoell and Madson on this issue. As noted in Bill's letter, the city did incur significant problems associated with not using our engineer on the Peterjohn Subdivision and Minnewashta Woods, i.e."delays, failure toq'adequate notice when the contractor was to work on the site, too early payments to the contractors, etc." Although the question of "conflict of interest"has or potentially could be brought out, this office does not consider that such is realistic if reasonable safe guards are established. Specifically, Schoell and Madson should be specifically prohibited from carrying out any engineering services associated with preliminary platting of property. At this point in the development, the consulting engineer should be working solely for the city and looking at preliminary plats from a city-wide perspective and from the perspective of planning and platting requirements. However, after acceptance of the preliminary plat, the development of plans and specifications, actual pinning of the lot lines, award of bids, inspections, etc. are established and, whether completed through Schoell and Madson or another engineering firm, such could not be changed to either the advantage of the contractor or disadvantage of the city. In contrast, the use of another engineering firm by a private developer does create problems for the City. Specifically, additional time is required to insure that the outside consulting engineering plans and specifications are in conformance with our standards, providing copies of asbuilt plans for connections, insuring that the consulting firm is maintaining adequte insurance policies, is making payments protecting 4 Mayor and Council -2- June 19, 1978 the city's interests, etc. Additionally, the cost to the developer is significantly increased in this process as the city's consulting engineering fees are in addition to the engineering fees he is paying. Non -familiarity with city requirements, location of utilities, familiarity with property corners, etc. all tend to increase the cost to the developer. This is not to say that the city should require each developer to only use Schoell and Madson. However, in those instances where the developer has requested to use Schoell and Madson, T believe that it is reasonable to consider such.. Should the city council, during the 1979 budget deliberations, approve the engineer's position previously recommended by this office, this issue may become moot as reasonable assurances would then be established to alleviate this type of concern. Mr. Donald Ashworth, Manager City of Chanhassen 7610 Laredo Drive P.O. Box 147 Chanhassen, MN 55317 Dear Mr. Ashworth: June 13, 1978 JUN 1978 a RECEIVE® Y VULAGE oft JGHAt+ A6S=4p MINN& a,1 As you may or may not know, Mr. John Kosmas, architect from K K Designs has been acting as general contractor for the Sunny Slope addition on Lake Riley Boulevard. As such, the two of us have presented ourselves, our plans and proposals to the Chanhassen City Planner, the Planning Commission, the Public Hearings and the City Council. Mr. Kosmas has also guided us through the surveys with Lot Surveys Company; they have tried to amass the bids necessary to complete the project but have, in fact, come to the conclusion that the press of other business precludes their giving Sunny Slope the attention it needs to gain the momentum for a summer start. It is the specific recommendation of K K Designs that Schoel & Madson be considered as general contractor since they are well acquainted with the project, and well equipted to act in this capacity provided they have interest. In a conversation this week with Bill Bryzinski about this, he indicates they would have an interest and they do have the time. Bill, however, feels the matter should come before the City Council so there may be no question of conflict of interest. The thought of a conflict of interest never really occurred to me, nor do I see any application. We have not discussed this option with Schoel & Madson previous to this past week. Neither party could have anticipated such an agreement, and all preliminary requisites have been agreed on. We are satisfied with the conclusions reached by your planners, legal arm, engineering services, and the conclusions df your governing body. It is now our wish to implement these decisions as quickly and expeditiously as possible. It would seem that Schoel & Madson can help us accomplish this. This plea comes from me, at the recommendation of K K Designs. It will benefit me greatly by being able to start the project before the season ends. I see no benefit to Bill Brysinski as an individual or to Schoel & Madson as a group other than normal fees for a job well done. Your cooperation and the cooperation of the R LLE N GRAY City Council will be appreciated. Sincerely, AL Allen Gra a CGMPANy', Advertising Public Affairs 8200 Normondole Blvd. Suite 323 Minneopolis, Minnesota 55437 (612)831-2878 CITY OF �8 CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Moll by Council., PLANNING REPORT Endorsed Modified [?ejected - DATE: November 15, 1977 .De TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Rezoning and Subdivision Request from Allen Gray Planning Case P-300 Applicant: Allen Gray Petition: As shown in Enclosure 1, the petitioner, Allen Gray, is proposing to rezone approximately 5.4 acres from R-lA to Pl and subdivide the subject property into 12 residential building sites and one outlot. Background: 1. Community Location: As shown in enclosure 2, the subject property contains approximately 5.4 acres of land that is located at the extreme terminus of Lake Riley Blvd. 2. Existing Zoning: The subject property is presently zoned R-lA, agriculture residence district. 3. Utilities: Sanitary sewer, natural gas and electricity is presently available or in the process of being installed to the subject property. The City Council, during the sewer feasibility stage for the Lake Riley sewer stated that sanitary sewer will only be provided to on-line service in the Lake Riley area. The subject property, utilizing the criteria of on-line service could support 12 residential building sites. Municipal water is presently unavailable to the subject property. 4. Comprehensive Plan Proposals: a. Land Use: Pursuant to the adopted city plan, the subject property and environs are to assume a low -density single-family residential identity upon the installation of sanitary sewer. b. Transportation: Although not explicitly stated in the city's transportation plan, the city plan does allude to elimination of inordinately long cul-de-sacs. As you know, Lake Riley Blvd. is approximately a z mile dead-end street. A logical solution to this PLANNING REPORT -2- r Member 15, 1977 "sub -standard" road would be to connect Lake Riley Blvd. with Kiowa in Bandimere Heights. Planner's Comments 1. The criteria for evaluating Allen Gray's proposed rezoning and subdivision is identified in section 14 of city ordinance 47. The purpose of this section, P-1, , among other things, is to: "Provide the means for greater creativity and flexibility . provide for the establishment of regulations and procedures for planned unit developments . . . . developments that meet the needs of moderate and low-cost housing . . . . without sacrificing quality, construction and the city's tax base." 2. As shown in enclosure 1, the subject property has approximately 1100 feet of frontage on Lake Riley Blvd. and is 5.4 plus or minus acres in size. You will note that the developer is proposing to serve the subject property with a private "P" looped street and radiate 12 lots and one common outlot off of said private street. 3. As you know, the City Council, when it ordered sanitary sewer to the subject property, intended to only provide "on-line" service to properties abutting Lake Riley Blvd. The subject property, containing approximately 5.4 acres, could, under the city's directive accommodate 12 building sites. Utilizing the provisions of a planned unit development, the developer is able to create 12 buildable sites and much more open space than would be normally generated if strict application of the zoning and subdivision ordinance were adhered to. 4. City ordinance provisions requiring the architectural style of all buildings and structures to be constructed in a planned unit development should be waived in this case because this information is unknown at this time. Parenthetically, it seems unreasonable to require this provision when all the houses that will be constructed in the planned unit development will be customed designed and custom-built homes. 5. As shown in enclosure 3, the city engineer raised specific questions regarding drainage, run-off and compatibility to existing standards in his September 28, 1977 letter to the planning commission. Public Testimony As shown in enclosure 4, the planning commission duly held a public hearing to test neighborhood sentiment on the proposed rezoning of land and subdivision. As shown in the attached, the general public (Eugene Susemihl) did not have a problem with Mr. Gray's proposal. City Planning Commission Recommendation As shown in enclosure 4, the planning commission recommends the council rezone the subject property from R-lA to P1 and approve a subdivision of land subject to a 20 foot utility and drainage easement. r PLANNING REPORT -3- November 15, 1977 City engineer's recommendation pursuant to planning commission recommendation, the City engineer has calculated the run-off and requirements for storm drainage (reference enclosure 5). City Planner's Recommendation I recommend the city council rezone the subject property from R-lA to P-1 and approve the subdivision of land for Allen Gray subject to: 1). Mr. Gray entering into a development contract binding him to the scope of the drawings submitted to date. 2). Posting necessary performance bonds guaranteeing anticipated construction of the road, drainage ways, tennis court, concrete curb, installation of utilities, etc. 3). Developing a homeowners association which will be responsible for the management of the common areas. Within said homeowners association the City should be party thereto. 4). Including any other concerns the city engineer or attorney may express. 5). Agree to pay all expenses the city incurred in processing this application for rezoning and subdivision. CITY OF 7610 LAREDO DRIVEOP.O. BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 April 20, 1978 Mr. Allen Gray Suite 323 8200 Normandale Blvd. Minneapolis, MN 55347 Re: Sunny Slope Add'- -' Planning Ca P-30 Dear Allen: In response to our meeting held on Wednesday, April 12, 1978, please find a revised draft of your development contract. Please be prepared to execute the attached and post necessary assurances prior to signing of a final plat for the Sunny Slope Addition. If you have any questions, please feel free to contact me at 474-8885. Serel , H Bruce Pankonin City Planner :M Attachments (1) cc: Russell Larson