HomeMy WebLinkAboutProject PacketORLINS, BRAINERD er PIER( FALL
ArrORNM Al LAW
PETER /. ORLINS
A)l RICHFIEW BANK RLI%i
Mri LYNDALE AVL W
RIC)lIFjUMk,MINN. 55424 1iwTv"r,
WAYNE D LEBOEUF
Swmor Nre Vrwwlwnl AAnum5lrwtrt)n
PHONE 861-8348
Ft-,ov� TU W
6625 LVNDALE AVENUE SOUTH, RIC:HFIELD MNmiii3-
_7
FV
�lfMrresMs� ei date reed /-
' �✓
�✓ ...f✓
11
.tau,,,, u , . �' .s. m. fee ec .sue_
CITY OF ORONO
A(,, tt,i Foe.rr
4�
SUBDIVISION
APPLICATION FORM
fp „t[y'°. %6� er'
APPLICANT
Name QrAy- F�-hlat
Telephone 441 4D9A___._
Mailing (Es+slsIr
CLOW A4"CiL
Address .M&ANM.ssl
V'1�1C C406; 1 C"%ka Impi 99011
PROPERTY
Name -rom & LaikE7D
1 Telephone y'71-1617//_.__._
OWNERS
Mailing
Address.�
�.41 1 I:xiaa4A�J.'
(Attach ,, a't of more
�a.YCO�I► ___ ___
than one �T—
PROPERTY
LOCATION
Street Address
\b'An '[omml. at RA-
Legal Descriptions
T�
(P1D)
EXISTING
LAND USE
Number of Tax Parcels
�Z,1fL
Development Size
Acres Dry Land
.1,13 011W Acres wet Land
Acres Total, all parcel=
Present Use (check) _�/ Residential; no. of unit * /
Other (specify)
Present Zoning Dist.��
PROPOSAL lot line rearrangement only (no new building sites)
_ subdivision for new building sites
number of building sites: .) I existing units
new units
`�- total units ,
proposed gross density- units per ".r acres
minimum lot sizes square feet dry buildable land
proposed use: (check) _ei residential
other (specify) _
EXISTING
LAND USE
Number of Tax Parcels %Vlu
Development Size ] JSB_ Acres Dry Land
3 ,jdW Acres wet Land
aj,-,I Acres Total, all parcels
_
Present Use (check) __t/ Residential; no. of units
Other (specify)
Present Zoning Dist.��.
PROPOSAL
lot line rearrangement only (no new building sites)
subdivision for new building sites
number of building sites: �_ existing units
new units
total units
proposed gross density (U.t units per " acres
minimum lot size: square feet dry buildable lane
proposed use: (check) residential
other (specify)
t
MINIMUM
MATERIAL NECESSARY FOR COMPLETE APPLICATION
(Must be
submitted 10 days prior to Planning Commission meeting)
1. Application completed S. Application fee per current fee schedule:
2. Preliminary Plat information on Vol' sketch plan only $50.0./
a certliicate of survey
1. Certified Property Owner's list of 2 lot prelim. plat 15O.Oo e j I
owners within 350' - from Hennep O' 1+ lot prelim. plat 200.00
Ca. Dept. of Finance A-h03 Govern- ----- (sketch plan included) ♦ S1O1lot
went Center Additi-mal improvement
4. Stamped, legal sited envelopes (111O) — — review ices per fee
prv-addressed to each of the names an jh 5
to. dh'Nr lint.
DATL I�q I; APPLICANTS S1r,NAT01R .. _. _ •
uATF. _ _ _. OWNERS SIGNATURE
Applicant hereby agrees to provide .tll information required or requested by
the Zon.ng Administrator, City Engineer, City Attorney, Planning Commission
and Council neces.;ary to procvnv this applicati m and furtter agrees to pay
all addiri•,nal tee■ established b� ordinance.
/ M ir,;
ROPERTY
OWNERS LIS- - UKON U
DEPT Of PROPERTY
TAXATION
'
Y THAT THE FACTS REPRESENTED ON THIS
A-603 GOVERNMENT
�R
•T[ •NE •N •ccuR•Tc •ND TRO[ EEPR[—
ON Or IHPORN•TION •f IT •PPC•Nf THIS
MINNEAPOLIS� MN 63
THE R[Comof Or THE NENNEPIM cOONTr
CEO
JALIEF
DIVISION, TO THE SES• Or MY KNOW CODE
/^A^� LLMCOO[P1.
fIE�L-
.
.DATL�
0 ,TYLIST •r _
FEE OWNER
TY AD
ADDRESS
/.
:.
Win. � -.,._:
c-tJl� ili�iE;,:."`f�
■
y
.1
w
.,l
t
/
r,
a�
w/
E.
i i,
�I
I l
r
P- - _ II - .--
CITY CF rn,�, l
c:
LrifSi i Wit, ;eG,n. �jj/,3
rx. �c tart'
139 BA PA
WA T 591
M
ro
17
1' I
1V
j
O
•
.
,
•J
o
F
nl
1 n
30,000 3F
/$ \ V�
1!. "erg.. • �.1..
e^.
PROPOSED SUBDIVISION FOR
GARY P. PETERSON
OF LOTS 22-29, 31-33, AND PA'i
BLOCK !, .. BALDUR PARK "
<9+
\ti An ..•
39,000
sell
i
3 12,~ 3F •�
e—w-ke.. h /rf. ao,9r, 3 z
CI) ✓G., / j 2/ 24 933
-fcw� Alta
ni-/
essc_ fc• f, %2:ev-" CI •.�u�i.,
e�u'�, .LA•G
26-ioUo t'�l' % -6 S ••.. u.�«. nee
.c N f r l�dl1
C aer�i..E./rsrlrc, �.r.C`Cc� � 7- S f-,fo ,.��e�..flT•.-t 7
:i ccra4 rfife" '. rIl
IV- 17- fe Ce,./.� �sf GrY� , 81 C44"'O ". ��j,+rIT--
JA., f/
t- 7- 4/
.ef rl.. A ♦ - wo CD 70, /4�7gi-. ii- I%ireerc(
i 20 • 6/ �f �.., r�c ii►.afi..� .tccr.. 1 iC«.�P/ fa �i
� G. � �e �c�y,-n� • ,
,t�-r rssE r
i
Jz�9 Me vawl i,
A. cd,(;.. a'<< 1,.
¢GULAR NESTING Or THE ORO11O COUNCIL, JULY 10, 1979 Page 10
Staff Recommendation - March 26, 1979EXH1911 �T SUDDIVISIO14
950 Sixth Avenue
Staff recommends preliminary approval of the five (Continued)
lot plat of kern Iloppe subject to the following
conditions:
1. Submission of entrance permit from Hennepin
County Ilighway Department.
2. Submission of required septic testing data for
four lots - Septic Inspector to inspect existing
house's septic system.
3. Developer enter into a Cons,.rvation and rlowage
Easement with City.
4. Plat road to be reviewed by City Engineer upon
receipt of County's report on entrance require-
ments.
Council fleeting - July 10, 1979
:tayor Van Nest moved, Massengale seconded, to approve
the preliminary subdivision request of Rern Hoppe,
950 Sixth Avenue 14orth, per the Plannipg Cornissicn
recommendations above. Motion, Ayes (3) - Nays (0).
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
record the request for a subdivision of Gary 1340 Baldur Park lt..d
Petersen, 1340 Baldur Park Road, dated June 20, 0466
1979, which states: Gary Petersen
Nr. Petersen has invested time discussing the road
access issue with the affected neighbors (Gunderson,
Johnson, and Boer) and with staff. The following
solution has been agreed upon:
The "plat" will be extended along the road across
the three adjacent properties,which three owners
will sign approval on the plat. The cul-de-sac
will be moved to the east (south) end per the June 18,
1979 survey copy. Baldur Park Road will be paved
from the end of the existing paving to the cul-de-sac
where a paved turnaround will be provided. Gravel
driveway will extend into the peninsula. Riprapping
will be installed along the shore to protect the road.
,
This platting and paving will satisfy the neighbors
and the City by assuring a fixed right-of-way and
by allowing City maintenance to extend to the new
turnaround. The changes should benefit all parties.
The road change increases the effective lot sizes:
Lot 1 - 0.69 acre
Lot 2 - 0.89 acre
Lot 3 - 0.96 acre
(continued)
REGULAR MEETING OF THE ORO140 COUNCIL, JULY 10, IS79
Page 11
I recommend preliminary plat approval conditioned
upon the following:
1. Public road platted across Boer, Johnson,
Gunderson, and subject property 24' wide with
50' diameter cul-de-sac and 18' pavement to
match existing road. Turnaround to be paved in
cul-de-sac per Public Works Supervisor's
approval.
2. Private driveway to extend from cul-de-sac to
three building sites, either as a shared drive
as shown, or platted as an outlot 20' wide as
shown.
3. Approximately 200' of riprapping to be installed
along southwest shore to protect road improve-
ments plus conditions 2, 3, 4, 5, 6 6 noted on
my flay 14, 1979 memo.
Council Meeting - July 10, 1979
Massengale moved, Hurr seconded, to approve the
preliminary subdivision request of Gary Petersen,
1340 Baldur Park Road, subject to a "T" turnaround
inside of the cul-de-nac, park dedication fees being
paid, removal of cabin prior to final plat approval,
and developers agreement for road and sewer improve-
ments. Motion, Ayes (3) - Clays (0).
SUBDIVISION
1340 Baldur Park Road
(Continued)
Hurr moved, Massengale seconded, to approve the VARIANCE
variance request of Charles Peterson, 1505 North 505 North Arm Drive
Arm Drive, subject to a screening fence made of 1477
natural materials being installed perpendicular Charles Peterson
to the back lot line, notion, Ayes (3) - Nays (0).
Mr. Alan Olson, City Planner, informed the City
Council that the Planninc, Commission recommends
approval of the request of Mr. L. J. Whalen,
2435 Scotch Pine Lane, for a front yard setback
variance of 24' and vacatio., of a 50' utility
easement, subject to the following conditions:
1. 1. 20' drainage easement to be granted and
filed with title of Lot 3, Block 1, Dicon
Addition.
2. Pool to be, drained into a tank truck when
required.
Hurr moved, Massengale seconded, to approve a
24' front yard setback variance for Mr. L. J.
Nhalsn, 2435 Scotch Pine Lane, and to direct
staff to prepare a resolution for a SO' utility
easement vacation, per the Planning Commission
recommendations. Motion, Ayes (3) - Nays (0).
VARIANCE/VACATION
2435 Scotch Pine Lane
4478
L. J. Whalen
r
EXHIBIT
_
- -
/
1
PRC?OSED SUBC i-. I!r, F!,•.
GARY P.
PETERSON
OF LOTS 22
•� :J! .c. 'F
BLOCK 1•
APPLICATIVOU AS
APPrOWAL 7-13-79
• "\
EXPIQtD
�
�2
1
f.
<4tt
or
� ..:•...
Ism
St. Paul
December 11, 1981
IVP�
P. Gary Petersen
2661 Arcola Lane
Minnetonka Beach,
Minnesota 55361
Dr. Dennis S. Killian
2649 Arcola Lane
Minnetonka Beach,
Minnesota 55361
Northc^ Financial Corporation
1219 Marquette Avenue
Minneapolis, Minnesota 55403
RE: Purchase of Lots 21-33, Baldur Park
Hennepin County, Minnesota
Gentlemen:
Set forth below is a summary of the transactions relating to the
above -referenced property. This summary will address (1) the
Purchase by Northco and (2) the resale to Tonka Lake Properties.
1. Purchase by Northco.
My initial services on this matter arose in connection with the
foreclosure of the Burdick mortgage. This mortgage had been the
subject of a sheriff's sale on Mar-h 2, 1981, and therefore the six-
month period of redemption expired on September 2, 1981. As this
redemption period neared expiration, discussions took place among
various parties for the purpose of selling the subject property. As a
result of these discussions, a Purchase Agreement was drafted
whereby, in essence, Gladys L. Olson, A. Odden 6 Company, Inc., P.
Gary Petersen, and Randeen Petersen agreed to sell subject property
to Northco Financial Corporation. It was antic2rated that although
Northco would purchase the property, Gary Petersen would at some time
in the future repurchase the property erom Northco after payment of
certain obligations to Northco.
Prior to September 2, 1981, no definite decision had bee -,made by any
of th arties with respect to this proposed sale. In anticipation of
fItmi up the details of the transaction, we prepared title opinions
FOSSnRHSHEPA DOLFF
AND
DONNELLY
P. Gary Petersen
Dr. Dennis S. Killian
Northco Financial Corporation
December 11, 1981
Page 2
for the property (attached as Exhibit 1) and the parties met at our
Minneapolis office at approximately noon on September 2, 1981. After
some discussion and revisions of earlier drafts, the final Purchase
Agreement was negotiated and the closing took place. A copy of the
Purchase Agreement is attached as Exhibit 2.
The persons present at the closing were: Gladys Olson, her attorney
Gordon Taylor (and his associate), Jim Beck, Gary Petersen, Randeen
Petersen, and me. Dennis Killian was also in our office.
Essentially stated, the Purchase Agreement called for the following:
1.' Conveyance by Gladys L. Olson of Lots 30, 31, and 32 to
Northco Financial Corporation (Warranty Deed attached as
Exhibit 3);
2. Assignment of Vendee's interest in the Contract for Deed
between Richfield Bank 6 T ,ist Co., as vendor, and A. Odden 6
Company, Inc., as vendee, to Northco Financial Corporation,
relating to Lots 21-29, and 33 (attached as Exhibit 4; the
Contract for Deed is attached as Exhibit 5);
3. Warranty deed from A. Odden 6 Company, Inc., to Northco
I-rancial Corporation on Lots 21-29, and 33, subject to Contract
for Deed (attached as Exhibit 6);
4. Second Mortgage in the amount of $50,000 back to Gladys L.
Olson on Lot 30 (attached as Exhibit 7);
5. First Mortgage back to Gladys L. Olson in the amount of
$20,000 on Lot 31 (attached as Exhibit 8);
6. First Mortgage back to Gladys L. Olson in the amourt of
$20,000 on Lot 32 (attached es Exhibit 9);
7. Promissory Note in favor of Gladys L. Olsen in the amount of
$89,231.38 (attached as Exhibit 10);
B. Mortgage and Promissory Note back to P. Gary Petersen in the
amount of $36,679.89 on Lots 21-29, and 33 (attached as Exhibit
11).
Prior to this closing, P. Gary Petersen and Randeen Petersen were
vendees on a second Contract for Deed from A. Odden 6 Company, Inc.
(attached as Exhibit 12). The Quit Claim Deeds relinquishing their
rights in the property (attached as Exhibit 13) have the effect of
terminating this Contract for De-d. In addition, a Mutual Release
OPPENHEIMER WOLFF
FOSTER SHEPARD
AND
DONNELLY
P. Gary Petersen
Dr. Dennis S. Killian
Northco Financial Corporation
December 11, 1981
Page 3
was executed between P. Gary Petersen, Randeen Petersen and A. Odden
G Company, Inc., to evidence the termination of that Contract for
Deed (attached as Exhibit 14). We al3o obtained Sellers' Affidavits
from both Gladys Olson and the Petersens (attached as Ex'iibit 15).
The financial aspect of this transaction is set forth in the
Settlement Statement (attached as Exhibit 16). The $8,026.35 cash
shown to P. Gary Petersen was not paid, it being contemplated that
that amount would be obtained by Gary sometime in the future in the
reconveyance from Northco.
We were concerned about a judgment against Gladys Olson and in favor
of Mssrs. Moshou and Seidenkranz in the amount of $65,036. With
interest, this judgment could have exceeded $100,000. Prior to
closing we obtained a letter from the judgment creditor's attorney to
provide for a release of this judgment upon payment of $4,500 by
Gladys Olso•,. A copy of this letter is attached as Exhibit 17.
We had other title concerns, and they were addressed by protective
provisions in the Purchase Agreement.
I was successful in negotiating a $5,500 reduction in the share
payable to Gladys L. Olson on the grounds that this was her fair share
of the Burdick mortgage.
The checks used in connection with the-,urchase by Northco are
attached as Exhibit 18.
Immediately after the closing, Gordon Taylor and I went to the
Hennepin County Sheriff's office to redeem the Burdick mortgage by
paying $5C,419.49 to the Sheriff. A copy of the Certificate of
Redemption is enclosed as Exhibit 19.
A delinquency existed in the Contract for Deed with Richfield Bank 6
Trust Co. Thus, we obtained a letter from the bank indicating it
would extend repayment of its Contract for Deed until September 1,
1982, at which time it is due and payable in full together with 12*'
inteiast accruing from September 1, 1981, through September 2, 1982.
This letter is attached as Exhibit 20. As a result, it was required
that $3,542.56 in arrears be paid to Richfield, bringing the
principal balance as of September 1, 1981, to $19,105.11.
Correspondence concerning this matter is attached as Exhibit 21.
Conrurrent with this closing, the a,x-month redemption period on the
first mortgage in favor of Midwest Federal, covering Lot 30, was
nearing expiration. The unpaid balance on this Midwest Federal
mortgage was approximately $105,000 at the time of the closing, and
OPPENHEIMER WOLFF
FOSTER SHEPARD
AND
DONNELLY
P. Cary Petersen
Dr. Dennis S. Killian
Northco Financial Corporation
De -ember 11, 1981
Page 4
we were very concerned that Northco be able to refinance this
$105,000 before the expiration of the six-month period of redemption.
Thus, we obtained a written letter from Wallace E. Berg, Vice -
President and Secretary of Midwest Federal, commiting to the
refinancing. Hi3 letter is attached as Exhibit 22. On the day of the
closing, and prior to the closing, I delivered a response to Mr.
Berg's letter indicating that the commitment would be accepted and
that we were closing on the transaction in reliance upon his
refinancing. A copy of my letter is attached as F:=Xil,_ -. 23.
On or about September 8, 1981, Jim Beck of Nort.*.; visited with
Midwest Federal for the purpose of refinancing th Aidwest Federal
loan. On Thursday, September 10, 1992, we received a verbal
commitment from Midwest Federal. On Friday, September 11, 1981, we
closed on the refinancing with Midwest Federal. This closing
occurred at Stewart Title, Minneapolis, Minnesota. The persons
present at that closing were the closer Jan Flaherty, Jim Beck, and
myself. This closing involved the following documents:
1. Commitment letter and estimate of closing costs from Midwest
Federal, attached as Exhibit 24;
2. Mortgage Fite, attached as Exhibit 25;
3. Mortgage Deed, attached as Exhibit 26;
4. Certificate of Redemption, attached as Exhibit 27;
S. Settlement Statement, attached as Exhibit 28;
6. Corporate Resolution, attached as Exhibit 29; and
7. Escrow agreement regarding payment of delinquent taxes,
attached as Exhibit 30.
In connection with that closing, I also delivered the other document•
previously executed at the September 2, 1981, closing to Stewart
Title fot filing in the appropriate offices. This required
delinquent taxes and penalty in the amount of $8,104.33 be paid.
Receipts for those taxes are enclosed as Exhibit 31.
As part of the Midwest Federal mortgage, you are required to pay
51,113.7E per morph commencing November 1, 1981, and continuing
monthly t.,ereafter until October 1, 1984, at which time the entire
balance is due and payable in full. In addition, amounts must be
escrowed for insurance and taxes. The "due -on -sale" clause in the
mortgage has been deleted.
OPPENHEIMER WOLFF
FOSTER SHEPARD
AND
DONNELLY
P. Gary Petersen
Dr. Dennis S. Killian
Northco Financial Corporation
December 11, 1981
Page 5
2. Resale to Tonka Lake Properties.
At the time Northco purchased the property, it entered into an
agreement, enclosed as Exhibit 32, to resell the property to Dennis
Killian, Gary Petersen, and Randeen Petersen upon payment of $20, 000,
with an indemnity agreement back to Northco. On November 17, 1981,
we closed on the sale from Northco to Tonka Lake Properties, a
partnership consisting of Dennis S. Killian and P. Gary Petersen.
This closing occu.red at our Minneapolis office. Gary Petersen and
Jim Beck were present. Cary Petersen had previously paid the amount
due to Northco.
Pursuant to the resale Tonka Lake Properties, the following documents
were used:
1. Quit Claim Deed for Lot 30, attached as Exhibit 33 and
recorded as Doc. No. 1448163;
2. Quit Claim Deed for Lots 31 and 32, attached as Exhibit 34
and recorded es Doc. No. 1448162;
3. Written extension o: the Contract for Dee,! with Richfield
Bank 6 Trust, attached as Exhibit 35 and recorded as Doc. No.
1448164;
4. Assignment of vendee's interest in the Contract for Deed
with Richfield Bank S Trust, attached as Exhibit 36 and recorded
as Doc. No. 1448165;
5. Quit Claim Deed for Lots 21 through 29, and 33, attached as
Exhibit 37 and recorded as Do,:. 1448166;
6. Indemnity Agreement, attached as Exhibit 38, Corporate
Resolution by Northco, attached as Exhibit 39, Assignmen•: of all
rights, warranties and obligations of Northco to Tonka Lake
Properties, attached as Exhibit 40, and the Settlement
Statement, attached as Exhibit 41.
In addition, I remind you to change the insurance binder to name Tonka
Lake Properties rather than Northco.
Att. -hed as Fxhibit 42 are letters which I wrote to Richfield Bank 6
Trusc, Midwest Federal, and Gladys Olson informing them of the
transfer of ownership and the fact that payments under the
obligations to those parties would be taken over by Tonka Lake
Properties.
OSfMD LFF
FOSTERI AR
AND
DONNELLY
P. Gary Petersen
Dr. Dennis S. Killian
Northco Financial Corporation
December 11, 1981
Page 6
Previously, the partnership agreement had been executed, and copies
of the partnership agreement have already been delivered to you.
A corrective mortgage executed by Northco at closing to correct a
typographical error and discrepancy in the previous mortgage in favor
of P. Gary Petersen (attached as Exhibit 43) was not recordeu because
the expense of correcting the error exceeded the $9.00 discrepancy in
the mortgage.
Essentially, therefore, title to the property is now as follows
1. Lots 30, 31, and 32:
Fee owner: Tonka Lake Properties
First mortgagee on Lot 30: Midwest Federal in the amount of
$94,000.00.
Second mortgagee on Lot 30: Gladys Olson in the amount of
$50,000.00.
First mortgagee on Lot 31: Gladys Olson in the amount of
$20,000.00.
First mortgagee on Lot 32:
$20,000.00.
2. Lots 21-29, 33
Gladys Olson in the amount of
Fe, owner and Contract Vendor: Richfield Bank 6 Trust Co.
Contract Vendee: Tonka Lake Properties
Mortgagee of Vendee's Interest: P. Gary Petersen in the amount
of $36,679.89
FOS ERMSHEPARD LfF
AND
DONNELLY
P. Gary Petersen
Dr. Dennis S. Killian
Northco Financial Corporation
December 11, 1981
Page 7
Title is still encumbered by several defects, which are addressed in
my letter to Gordon Taylor attached as Exhibit 44. These must be
corrected or future payments could be escrowed.
Very my yours,
By
' iD is J. T;6
DJT/g9
CC: Mark Saliterman
TO: Jeanne A. Mabusth and Planninq Commission
FROM: Alan P. Olson
DATE: January 13, 1982
SUBJECT: #669 Tonka Lake Properties - PRD Subdivision
1340 Baldur Park Road
This is the second application by Gary Peterson for develop-
ment of this property. The first, 8466 received preliminary
approval for 3 LR-lC single family residential lots on
July 13, 1979. That application died without ever having
documents returned for final approval.
This is the sketch plan application wherein the developer
seeks approval of the PRD concept, and the 5 unit density.
PRD
If -there ever was a piece of property in the City that is
appropriate for PRD development, the tip of Baldur Park
must be it. There is ample dry land area but it's build -
ability is restricted by flood plain and lakeshore set-
backs. Clusterinq of the development with open spaces in
the setback -flood plain area is a logical scheme to use.
Note that building envelopes should still Provide at least
20 feet between structures. At least two proposed setbacks
are less requiring redesign or hardship documentation.
The only real issues to me are density and hardcover.
The original scheme had 3 lots, each of which individually
exceeded the y acre lot area required. They were served
by a private driveway off a new dedicated public cul de sac.
That was consistent with CMP policies allowing private
driveways to serve 1-3 units.
OPEN SPACE
T iTi sT creme clusters individual lots of varying sizes.
There is no common opnn space except for the proposed
private driveway. I would suggest requiring common open
space below the 931.5 floodplain elevation with individual
lots platted only above that elevation.
ACCESS ROAD REQUIREMENTS
I ai so note t a ourUNP policies would not allow a 16'
wide private driveway to serve more thanTunits. With
this 5 unit density, a wider road (at least 24' Paved)
with turning facilities for emergency enuipment is required.
This could be private in the PRD concept, but the physical
improvements must be there to serve this nurber of units.
4669 Tonka Lake Properties - PRO Subdivision
1340 Baldur Park Road
January 13, 1992
page 2
The driveways shown on the plan would not allow turning
of delivery trucks or fire equipment.
Extension of public Baldur Park Road to a new dedicated
cul de sac was a requirement of approval for 0466 and
has again been proposed in this application. Such a public
turn -around is necessary for this road, and is certainly
required if new development occurs on the peninsula as
proposed. Because of recalcitrant land owners, however,
the City may have to participate in condemnation of some
right of way. This was offered during the last application
but the developer never requested such help.
DENSITY
'Pge-_e—veloper has planned 5 units based on � acre denr•ity
and a 2.71 acre gross property size. If a 50' nrivate
road outlot were provided pursuant to CMP transportation
policies, the net property area exclusive of riqht of way
would allow at most 4 units, not 5. Planning Commission
and/or Council should provide quidance as to whether gross
or net area is to be used for determininq permitted density.
HARDCOVER
$ite-&-evZoper has indicated hardcover area, but has not
provided figures to show 8 of coverage in the 75-250 foot
zone. A hardcover variance is obviously necessary to allow
construction of a road (within the 75 foot setback) between
the cul de sac and the development. There is no strictural
hardcover (except existing) proposed within 75 feet.
However, it appears very likely that the hardcover proposed
grossly exceeds the 25% allowable in the 75'-250' zone.
DOCKAGE
ere a obviously enough shoreline to have all units
riparian. The Planning Commission/Council should provide
guidance as to whether they would prefer individual dockage
on individual lots or outlots, or whether they would prefer
one joint use dock within the common open space. Individual
dockage would allow up to 4 watercraft per unit (20 boats),
whereas joint duckage may allow lesser limitations.
SEWERAGE
TTie existing house is one of a !ew remaininq that has
never been connected to newer. A condition of approval
of application 4466 was Peterson's aqreement to provide
the connection before July 31, 1980. lie didn't.
On September 15, 1980, Mrs. Gladys Olson requested another
t669 Tonka Lake Properties - PRO Subdivision
1340 Baldur Park Road
January 13, 1982
page 3
extension and provided a letter promising to connect the
house before June 1, 1981. She was to provide a letter
of credit. She didn't, and the connection hasn't been
made.
Citations were issued in October 1980, and a formal complaint
signed in January 1981. Charges were later dropped because
the property was in foreclosure and because ownership was
uncertain.
The house remains occuppied and unsewered.
Because promises were made and broken before, including
promises by this same developer, I strongly recommend that
a letter of credit or other financial security be required
at the time of preliminary plat application to quarrantee
connection oT-t a Ouse by a deaaTine certain, even if the
application again expires without completion. If the
development proceeds, the main sewer extension will solve
the problem. If the development dies before final, the
security will allow the City to have the single house
connected. If the development dias without Preliminary
application, hazardous building actions will be commensed.
INFORMATION NEEDED
1. Proof of t e eveloper's ownership or financial interest
in the property. Gary Peterson said he was owner in
application 4466. Subsequent City review because of
the sewer issue discovered that he had no recorded
interest at all. What is Gladys Olson's status and/or
Richfield Bank a Trust?
2. Survey with 929.4 (shoreline), 931.5 (flood plain)
and 932.5 (lowest construction elevation) noted.
Area of gross land
Area of proposed public cul de sac
Area of proposed private road/driveway
Area of land in 75-250' setback zone
Area of each lot or outlot
JITY of ORONO
Pa,t Uma• 11nr fi; n'ry,1d Ilu:, )L nn..,a, Y.;31•\Ionia Cal l lm:,•
T,I,yh...... 47:14 h,i
Gene Earnst
Jonathon Village Center
Chaska, MN 55318
cc: Tonka Lake Properties
NOTICE OF PLANNING COMMISSION ACTION
Date of Meeting _
Votes: __ For
1-18-82
Against
Planning Commission recommends the following:
Control No. 669
variance
Conditional Use Permit
Subdivision, Preliminary
X Sketch Pla R view
— I
Date of Notice 1-19-82
_ Approval: As submitted
_ Approval: Subject to conditions noted
_ Approval: additional information required before Council meeting
Denial: For reasons noted
Tabled: Pending receipt of additional information from applicant
_ Tabled: Pending review by others, or further Planning Commission
study
% No action required
NOTES AND SPECIAL CONDITIONS The Planning Cominiss^•-a^+=°a, aaat+^�+.�*
that his formal subdivision application must notPLhe_f+tir,w,ag_ mnc^ r-
1) 25% hardcover limitation within the allow�lg_n,.; mine envelDy
2) Redesign private driveway to minimize on hardcgYAr- imps *�-
then open space area should be designated containing the road, shared
riparian docks on north shore and if units and detached a 28' separation
between each! 4) Reduce densit to three unite.
u Applicant's next scheduled meeting is confirme.' as:
Planning Commission
Council
Applicant's next scheduled meeting is dependent upon receipt of
ID
additional information. Deadline for the
meeting is ____t or
for the meeting.
In all cases, the application must be continued with the submittal of
requested information withinor the City will consider tht apvl!ca•.ien as fnT--111y withdraw!,.
If the applicant he% trouble obtolnini additional information, pltnse
contact the Zoning Adninist•Y•. r.
I! you desire e.•rtifi,•d roii I th ,..; i,' P1 ir-1r - C.- ? .� v,. .•.•3
th•' •r.• a•: atlal, l• frs. .. ..�! �... _ - c '.r .(� .._
a^. 1• ac1 r., r.. tt,• Ply-• :. ..
Ernst Associates
31
EXHITT A
9
JA UARY 26,1982 LAM2
MS. JEAN MAYBESHORONO PLANING STAFF N0
CITY OF ORONO
POST OFFICE BOX 66
CRYSTAL BAY, MIMNESOTA
REF: 13ALDLIR PARK / TONKA LAKE PROPERTIES / CONTROL NO. 669
DEAR MS. MAYBESH:
SINCE OUR SKETCH PLAN REVIEW ON THE 18 JAUARY 1982, I HAVE BEEN MADE AWARE
THAT SOME PAST DATA ON THIS PROJECT WAS NOT MADE CLEAR TO THE STAFF AND THE
COWISSION. WE ASSUMED THAT ALL PARTIES WERE AWARE OF THE FACT THAT THE EXIST-
ING SITE ALREADY HAS 11,170 SQ.FT. OF HARDCOVER AND ONLY 6325 SQ.FT. IS ALLOWED.
AS YOU KNOW THE VARIANCE THAT THE APPLICANT WAS REQUESTING, ON THIS PROJECT WAS
IN REFERENCE TO HARDCOVER.
WE HAVE SINCE PUT TOGETHER THE FOLLOWING HARDCOVER DATA COMPARATIONS FOR CLAR-
IFICATION AND YOUR INFUOMITION. IN THE FOLLOWING WE ARE COMPARING;EXISTING SITE
CONDITIONS, PLAN APPROVED BY THE CITY (2 ADDITIONAL HOUSES) IN 1978, PRO PLAN
SUBMITTED AND REVIEWED BY COMMISSION ON 18 JANUARY 1982, REVISED CONCEPT PLAN
SINGLE FAMILY SUBDIVISION DATED 25 JAR.YWY 1982 AND ADJACENT EXI�TIMX: SVNI _E
T:'•ILY I OT< ON RALP'1R 'AR. RD:
BUILDABLE AkLA 25,. S.F. HARDCOVER TIMES 4
75' SETBACK ALLOWED SHOWN GREATER ♦ -
1. EXISTING SITE HARDCOVER 25,300 6,325 11,170 1.77 a77b
2.
PLAN APPROVED 1978 BY
CIT1
25,300
6,325
18,090
2.86
+186%
3.
PUN PRESENT 18 JAN.1982
PRO/ SKETCH PLAN REVIEW
25,300
6,325
22,815
3.R
it
4.
REVISED PLAN CONCEPT
It,«O
JAl. 25, 1982
25,300
6,325 �I7,900
2.83
+183%
S.
LOT 20/13/6 BALDUR PARK
RD.
(NEW GARAGE 1976)
(RENOVATED HOUSE 1980)
2,541
S85
2.824
4.03
+583%
LAWMAPI AWI ISCIUMS OTL HAWW,IN:•AMIAINAN VHLlA01 CF%TLWrr CM, ,
W W"NIJnYJrI
Emst Associates ^
M.BALDUR
JEAN
PARK / TONKA LAKE PROPERTIES / CONTROL N0. 669 / /
M. JEAN MAYBESH rj•/'•{/.'•
JANUARY 26, 1982 _vy
PAGE 2
6. 1408 BALDUR PARK RD.
REMODEL EXISTING
HOUSE 6 BUILT NEW
GARAGE 1979
VARIANCE FOR GARAGE
SETBACK FROM 75' TO
54' WAS GRANTED BY
BY CITY 6,250
PLAN BEFORE THE COMMISSION ON 1 FEB. 1982
rJAN IVRONO
1,562 3,140 2.01 +101%
WE WOULD HOPE THAT THIS INFORMATION 15 CLEAR AND IF THERE ARE ANY QUESTIONS PLEASE
DO NOT HESITATE TO GIVE EITHER GARY PETERSON OR MYSELF A CALL.
BEST REGARDS,
ERIN A550CIAT^^TJES
YJ•
CEFE F. ERNST
GFE/GFE
C.C. TO GARY PETERSON
E-nst Associates
BALDUR PARK
JANUARY 25, 1982
REVISED JANUARY 26, 1982
DATA:
1. TOTAL ACREAGE
2. TOTAL EXISTING HARD COVER
ASPHIALTDRIVEWAYS 8,250
STRUCTURES 2,920
3. BUILDABLE AREA AT 75' SETBACK
4. MOXIM.M HARD COVER ALLOWED AT 25%
5. TOTAL PROPOSED HARD COVER
ASPHALT DRIVEWAYS 10,960-I1,040
STRUCTURES 7,640
6. AREA WITHIN 75' SETBACK SHOWN
7. AREA BELOW 932 ELEVATION AND
ABOVE 929.4
8. LOT 1 (2240 SQ. FT. HOUSE EXISTING)
LOT 2 (2000 SQ. FT. HOUSE)
LOT 3 (1800 SQ. FT. HOUSE)
LOT 4 (1600 SQ. FT. HOUSE)
LJAN 21 I�f
ORONO
SQ. FT.
AC,
118,017
2.71
11,170
.26
2al660
25,300
.58
.0, 040
6,325
.15
17,900
.41
I f, 400
92,717
2.13
60,113
1.38
22,360
22,500
22,230
25,550
51
51
51
59
9. OUTLOT
A 10,530
.24
OUTLOT
B 3,330
.08
OUTLOT
C 2,340
.05
OUTLUT
D 3,042
.07
OUTLOT
E 3,735
.09
- -o / e
to
3
tr IA,.i tA. Aer. CrA.q� G..ae,.. Citp f3/. SaQ,..Tiw )4,r-
,4k'.L / tb A,,., ,D TDa.� 6,-AA-" . SS' Auc4 . .
3 /. r- yi (C)
5 rF °4a4�{
9 7 F
cc`oaf—a•-
2.w. '� t,.e...ar �.'.n.a.a 7 � 7, 1•0'? � rL...1....�
lI r Fo r+. lG77e
>s=asa'
G« dL
6.,4,....„r . F 4i (r- )) Ot 1- a6 C� 4+.�
I f 7 F c.yt tom. . . �1+�. / 3 e.,�. vui Zti AL44
F9
/l, o A;o 41
p++7••••/ te-60
.o .,.... - = n �j, e� .,� ash
�T o
}y�5 Apo
Awwoor".97
dot A-4ra..- e. t 'f - Ado." Ava 6. L.Xs .Z 3 • f
A+ A-'AOL- 4 - i++-.1 ..tom c I*W. ... O - 7.T 'Atom` ..
/ s
7/ .L..t
3/.
s�
i
TO: Planning Commission
FROM: Jeanne A. Mabusth
DATE: January 28, 1982
SUBJECT: 4669 Tonka Lake I'--operties, 1340 Baldur Park Road
Subdivision
Application - Subdivision - 4 lot plat
Variances 1) density credit 31.841 (c)
2) hardcover 0-75'
75'-250'
List of Exhibits
Exhibit
A
- Application
Exhibit
B
- Applicant's letter
Exhibit
c
- Data table
Exhibit
D
- 1978 plan
Exhibit
E
- Preliminary plan
Tonka Lake properties has filed a 4 lot plat subdivision
application - note not a PRD - requiring variances and density
credits.
In the following review I have made chances in the applicant's
data tables (See Exhibit B 6 C). I requested that the pre-
liminary plans for the formal application designate the flood
plain elevation of 931.J as in Peterson's 1.978 application.
(Exhibit D) If you review the preliminary plans from application
4466 the 931.5 elevation would take approximately 3,300 sf from
the buildable envelope area noted by the applicant at 25,300 sf
based on the 932 elevation. The allowed buildable area at the
75' setback area would be changed from 6,325 sf to 5,500 sf.
In addition I have amended the total proposed hardcover calculation
for the 0-75' setback area from 10,260 sf to 11,040 sf. The
applicant was asked to designate a road with a minimum width
of 18' and he has designated 16'. This 2' difference created
an addition of some 780 sf of hardcover and changed the total
hardcover for the revised plan to 18,680 sf.
Brief Review
The plans still show indiviUual riparian outlots. Based on
the limitation of the site, I would still suggest one shared
riparian outlot with a single joint use dock whether you
recommend a 2, 3 or 4 lot plat.
Rouses can be placed on each newly created lot meeting all
required setbacks. Lot 4 may have some difficulties once the
931.5 elevation is designated - once again check the Peterson
plan of 1978.
9669 Tooke Properties
Page 2
Subdivision
The private plat road must be designated at an 18' width. If
sewer lines are not run within the right of way of outlot A
but along the lower; south shore than that sewer line must be
designated and platted as a 20' easement on the final plat.
The applicants seek a density credit for the restricted flood
plain area (area below the 931.5 elevation). Ordinance 31.841 (c)
states that the credit can not exceed the area of the dry
buildable area of .58 acres.
Variance 31.841(c)
.58 dry buildable
.58 maximum area credit for flood plain
rlT acres - 2 units allowed per LR-IC
4 units proposed
3 units approved in 1978
application
The hardcover variances are as follows:
0-75' setback area Total area 92,717 sf
allowed - 0
existing = 8,250 sf or 8.89%
proposed - 11,040 sf or 11.9%
75'-250' setback area Total area 22,000 sf
allowed - 5,500af or 258
existing = 2,920 sf
proposed = 7,640 sf
variance = 2,140 or 9.7% over allowed 258 for a
Total of 34.7%
Planning Commission should address the following issues at
this workshop:
1 - Density allowed - 2, 3 or 4 lots
2 - Review of hardships for required variances
a) shape of lot - peninsula
b) 92,717 of or 2.13 acres of a total lot area of
118,017 or 2.71 acres is excluded from the building
envelope by the 75' setback on all three sides of
the property.
c) approximately 1.38 acres of flood plain along the
south shore of the peninsula severely restricts the
only building sites.
3 - Proof of Peterson's ownership or fiscal interest in the
property.
4 - Letter of credit to cover cost of extending sewer to
Olson residence submitted by February 24, 1982,
prior to scheduling of public hearing for March 15, 1982.
MINUTES OF THE PLANNINC COMMISSION MEETING OF FEBRUARY 1, 1982 Page 4
Gene Earnst and Gary Peterson were present. Applicant
t/fONKA PROPERTIES
stated that.there already existed on the property an
1340 Baldur Park
excessive amount of hardcover. The 1978 proposal would
Subdivision
have created more hardcover than the current proposal.
X66g
Staff noted errors in the applicant's hardcover cal-
culations and advised applicant that in comparing the
1978 proposal with the present proposal that there is
more proposed hardcover in the 1982 plan.
Opheim noted that this was a new application submitted
by the criteria of today. Hardcover considerations
would be relative to the current plan and this Commission's
review.
Peterson noted that this type of plan would benefit all
the neighbors because the road would be completed and
upgraded.
Kelley asked if this was a private road or a public
road?
Peterson stated that it would be public upto the cul
de sac but they had problems in acquiring the right of
way on Baldur Park Road to complete the public road
access.
Mabusth asked Peterson what type of ownership he had
over the property?
Peterson stated that he was the fee owner. He noted
that in 1978 he owned all of it except Lot 30 but
now he owns this lot too.
Callahan noted that from loo4ing at the 1978 plan and
the current survey that the peninsula was getting
smaller by erosion.
Peterson stated that actually they had gained some
100' since the time of the original plat in the early
1900's.
Goetten stated that the existing hardcover was already
too high and that the peninsula piece of property has
severe limitations. She stated that she went out cn
the property herself and she could not see how they
could build any more on this property.
Applicants felt that they were being penalized by the
shape of the property because on any other piece of
property they could have more hardcover but since this
was a peninsula area that they could not.
,
MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 1, 1982 Page 5
Opheim stated that the access to the property was very (TONKA CONT.)
small and hardley any room for expansion. Since this
was lakeshore property or on a peninsula, this was a
sensitive area and dvelopment on fragile property. The
DNR, MCWD and LMCD may limit suc:. development.
Peterson stated that there is minimal increase in hardcover
when you compare the increase in hardcover allowed on
the existing Baldur Park properties.
McDonald stated that we don't create new problems with
new subdivisions and that the City deals different with
existing problems.
Rovegno asked if they had ever considered a PRO development
that conserves on all hardcover - tuck under garages, etc.
Opheim stated that a PRO was not suitable for this type
of plan because this property was not suitable for high
density housing and hardcover.
Applicant stated that runoff could be controlled.
McDonald stated that quantity is not the question but
the qual.ty of the water or runoff going into the lake.
Kelley stated that even two houses is almost too much
to put onto this sensitive lakeshore peninsula.
Peterson stated that the Mayor advised him to go back
to the original 1978 plan which is what they approved
before. He noted that all the neighbors were in favor
of the development.
Goetten noted that the Mayor was trying to tell you
that the whole design was too ambitious for this piece
of property.
McDonald stated that the code given the density credit
would only allow two residential units.
Rovegno felt that it was an asset to the City with a
multiple dwelling but hip main concern was the hardcover.
McDonald noted that tee City doesn't like to issue
variances when the development can meet the codes.
Planning Commission took an informal poll as to how
many units they would allow:
Kelley's strict interpretation allowed 2 building lots.
Callahan stated that it couldn't exceed two.
Goetten stated if they wouldn't agree to one than no
more than two.
11ammerel agreed with the rest of the members on just 2.
MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 1. 1982 Page 6
McDonald agreed with 2 units. (TONKA CONT.)
Opheim stated no more than 1.
Rovegno stated that he would go along with 2 building
sites but suggested that the developers use a little
creativity like earth sheltering to help on the building
density.
Mabusth stated that now that the Planning Commision had
decided on two buildable the existing road serving the
two lots would be a private drive and the existing driveway
would remain.
Goetten asked if the City would require a cul de sac?
Kelley stated that since there would only be two homes
that no cul de sac should be requited
Butler stated a cul de sac would aid and abet snow plows
and would improve present situation.
Rovegno stated that anything would be better than a cul
de sac maybe a T design.
Hammerel stated that the Planning Commission would like
to see a letter of credit assuring sewer hookup to the
old Olson residence.
Opheim noted for the record Ordinance 31.841.
No action was required.
Russ Feirst and Jim DeBenedict were present.
Callahan stated that the Planning Commission should
first look at the court order approving 36 buildable
units on the Tonka land and the 24 units approved for
the Theater land.
Rovegno stated that they should consider the site as one
piece of land rather than two and should also consider
the sewer capacity.
Callahan stated that they should fall back on the court
order.
Goetten stated that the two main points that should be
addressed was access and sewer.
Mabusth stated that the access on Shoreline was approved
by Hennepin County Highway Department for 2. unit use
Level.
SCHLEE BUILDERS
3660 Shoreline Dr.
Subdivision
1671
W UR E .6ti.lry.bl aaY. Dh nn.wl..:J'SI. Mun..4•,0 uulrr.
bkphon.• !]A ➢A67
Gene Earnst
Jonathon Village Center
Chaska, MN 55318
cc: Tanks Lake Properties
Gary Peterson
NOTICE OF PLANNING CONMIS•$ION ACTIUN
Date of Meeting _ 2-1-82 _ __
Votes: _ For __ Against
Planning Commission recommends the following:
Control No. 669_ __
Variance
_ Conditional Use Permit
Subdivision, Preliminary
Date of Notice 2-2-82
Approval: As submitted
_ Approval: Subject to conditions noted
_ Approval: Additional information required before Council meeting
_ Denial: For reasons noted
_ Tabled: Pending receipt of additional information from applicant
_ Tabled: Pending review by others, or further Planning Commission
study
X No action required
NOTES AND SPECIAL CONDITIONS
both sites No need for a cul de sac but would recommend a smaller turnaroa_na
area. Aoolican[ Peterson moat submit immedi&te.ly tQ_this office ornnf of
ownership of all 12y rcels_ Applicant is to advise the Building and Zon ing
staff, his wishes concerning the calling of a public hearing for the
recommended 2 lot plat. --
Applicant's next scheduled meeting is confirmed as:
Planning Commission _---- - ----
Counci 1 ------
DApplicant's next scheduled meeting is dependent upon receipt of
additional information. Deadline for the
meeting is or
for the — meeting.
In all cases, the application must be continued with the submittal of
requested information within -----
or the City will consider the application as formally withdrawn.
If the applicant has troul,le e[r•aining additional information, please
contact the Zoning Administ rtl I.
If you desire certified copi-: of th•: offi-ial pinr.r.ir:' Cc-. i:.'':n Mi^utes
th,ry are available frcr t:.'. a:'IZ• in: -i -. .._ l;• -•
ar.d approv.l by th•• Plarni: I C .. ..
EXHIBIT
AAA s
O
76ra V 1w ,f'a - J6
(fog 6 -25,k -- moo,
February 4, 1982
City of Orono
60. 66
Crystal Day, MM 55323
Attn: Jeanne paybusth
Re: Tooka Lake Property
1340 golden Park Rood
Our File 139-669
N.6 n II' M.unr f I
..nf! r fwMe! 11
p.ap.oJ A / rnnn/ 11
NrdnrJ / I>rvr I
yn. r flh+n I'1,
NUIN /. ,iarJ.m YI
IAw„ I. Nmn !.I
NxMNW InnrtN
N.Mp /i. 4lwxh. f.1
U.wN/ IMa•F. If
4nr A. , el
VM-
„! A. Nww 1.1
r A..n
I;arl4 !/. ,01—
an Wx..
INnJ I I Iw.rr
Dear Jeanne:
This letter providee an eetime to of the cost of constructing a sever line to
seven the Gladys Olson home.
450
Lin.ft.
S" DIP Sanitary Swat @ 916.00/lin.ft.
4 7,200.00
105
Lin.ft.
go PVC Sanitary Serer @ 414.00/lin.ft.
1,470.00
450
Lin.ft.
insulation 4'ride @ 98.00/lin.ft.
1,600.00
1
Both
8" Wye Branch @ 950.00/ea.
50.00
10
Lin.ft.
6" CISP @ 910.00/lin.ft.
200.00
100
Ton
Class 5 aggregate base (100% crushed)
9 98.00/ton
800.00
O.S
Acres
Seeding A 43,000/ac.
1,500.00
'r'fAL CONSTRUCTION ........................
S14,820.00
'she sever line will have less than three feet of corer in some cases and
insulation of the main will he rewired. If you have any questions, please
contact this office.
Yours vary truly,
6ONFSTR00, ROSRNF., ANDF.RI.TN 6 -SSOC;AT9S, INC.
Crenn P. rook
Goclin
EXHIBIT
OPPFNH EIMER W'OLFF
FOSTER SHEPARD
AND
DONNEUY
Saint Paul, Minnesota
March 1, 1982
Me. .lean Mabusth
City of Orono lYrl _ 2 i
Post Office Box 6
Crystal Bay, Minnesota 55323 L.))RE: Tonke Lake Probe rtiea/Cary Petersen
CITY JF 0 N0
Dear Me. Mabusth:
Pursuant to our telephone conversation on February 21, 198 ).,
I am setting forth in this letter several of the concerns of
my clients relating to the installation of city sewer '.n Baldur
Park. I represent the partners and partnership of Tonka Lake
Properties.
It is my understanding that the City is requesting a letter e,f
credit relating to the installation of city sewer as a condition
to the City's review of m- clients' proposed plat. Although
my clients are not necess-rily opposed to the requirement of
city sewer as an aspect of final approval of their development
plan, we do object to requiring a letter of credit as a condition
to the City 'a review of the proposed plan. One of the major con-
cerns of the cllentn is that the proposed development will be
rendered uneconomical and infeasible because of the City's
unwillingness to recognize the unique shape of the property and
unwillingness to consider variances from the extreme hardships
imposed by strict aoplicatinn of the zoning ordinance. If this
results, my clients will be forced to consider other uses or
disposition of the property.
Ms. Jean Mabusth
March 1, 1982
Page Two
In short, it would appear that installation of city sewer would
be an appropriate condition to the recording of an approved plat,
but inappropriate as a condition to the City's deliberations upon
a proposed plat.
Very truly vours,
OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY
By /ta. ��(.Iri
Dennis J. %fro�Sien
cc: Mr. P. Gary Petersen
DJT: nun
TO: Planning Commission
FROM: Thcmas J. Jacobs, Building Official
DATE: March 10, 1982
SUBJECT: 4669 Tonka Lake Properties, 1340 Baldur Park Road -
PRO Subdivision - Work Session
List of Exhibits
Exhibit
A
- Title Opinion - noting fee ownership
Exhibit
B
- Certificate of Title
Exhibit
C
- Cook letter (2-4-82)
Exhibit
D
- Olson letter (9-17-80)
Exhibit
E
- Council minutes (9-15-80)
Exhibit
F
- Applicant's Attorney's letter
Exhibit
G
- Plan - dated February 24, 1982
The applicant proposes a 4 unit PRO of the total 2.75 acres at the
tip of Baldur Park - does this sound familiar - this is their
third try folks! I have attempted to clear up the questions raised
by the Planning Commission of the wetland ordinance in the section
immediately below the introductory comments. Once again, staff is
beginning to sound like a broken record but this property is so
right for a PRO development. Our major concern will still be the
increase in hardcover resulting from any new development. Planning
Commission should try to come to a compromise position on either
controls over density level or limit of hardcover within each
building envelope. The only reason 4 units can be proposed by the
developer is the location of the existing structures in relation
to the allowed building envelope. Four units required to meet all
setback could never be located within the allowed building envelope.
Planning Commission should ask for a reduction to 3 units based on
the existing non conforming residential structure located outside of
the allowed building envelope and on the hardcover increases
resulting from 4 unit level of development. Applicant may be
given option to remove existing house and present a plan showing
all 4 units within the building envelope. (See hardcover section
below)
In Consideration of Ordinance 31.841 - specifically (b) 6 (c)
At our last meeting, Planning Commission interpreted section (b)
as not allowing any development within the City of lands involved
with flood plains or wetlands to ever go below 4 acre of dry
buildable per unit. Staff has been advised that this section
does not apply to PRD's, subdivisions, etc seeking such credits.
Section (b) is a tool for staff in determining the buildability
of a property involved with protected area. The density review
below is based on the standards setforth in Ordinance 31.841 (c).
4669 Tonka Properties
Page 2
Subdivision PRO
Proposed Unit Densit
Gross Land Area 2.75 acres
Area below designated 1.25 acres
Flood Plain 931.5
Dry Buildable Area 1.50. acres
Above 931.5
Areas of Right of Way
a) Outlot A .22 acre
b) Public Cul De Sac .18 acre
Net Land Area I
a) Exclusive of Outlot A = 1.28 acres
b) Exclusive of Cul De Sac = 1.32 acres
Net Land Area = 1.10 acres (exclusive of Outlot A a cul de sac)
Flood Plain Area = 1.25 acres (note credit could not exceed given
(Density credit Ordinance 31.841(c) land area of 1.5 acres)
Total area with == acres
Flood Plain Credit
Actual Proposal
4 units/2.35 acres net = 1.7 units per acre .' "` " " T
Allowod unites per acre = 2 units per acre within LR-lC zone.
Build:.ng Lots and Building Envelope
Lot 1 a building envelope should follow existing structure's exterior
walls to prevent future encroachment into the 75' setback area. Lot
1 does meet the 20' setback requirement from the other lots.
Lot 2 meets the 75' setback area, and also the 20' setback requirement.
There is an existing patio that is to be removed on this lot.
Lot 3 meets all setback requirements.
Lot 4 meets all setback requirements, this lot has an existing garage
which will be removed.
All building lots exist outside the 931.5 elevation.
Hardcover
Allowed 5,500 sf Existing 11,170 sf
Outlot A -
7,020
sf
Lot 1 -
4,225
sf
Lot 2 -
5,520
sf
Lot 3 -
2,620
sf
Lot 4 -
2,210
Total proposed
t669 Tonka Prcperties
Page 3
Subdivision PRO
There is 5,500 sf of hardcover allowed on this project. The total
existing hardcover is 11,170 sf. This is a 26% increase in hardcover.
The applicant is proposing 21,595 sf which is a 73% increase.
Riparian Access
Since outlot B is in common ownership with the four lots there are
a number of ways to determine riparian boat access. The south
shoreline is very low and is a sensitive area. Riparian boat access
should be discouraged in this area and encouraged on the north and
west shorelines.
Options available:
1) Lots 1 a 2 share dock on western shoreline and Lots 3 i 4
share dock on northern shoreline. This option would allow
2 slips per lot and not require a joint use permit by City.
2) All lots use one dock each lot would be allowed one slip.
This option would require a joint use permit from the City.
3) Each lot to have its own dock along the north and western
shoreline. Due to the sensitive shoreline and steep slopes
this could be a problem.
Letter of Credit
The applicants, Tonka Lake Properties, and fee owners (see exhibits
A s B) of the parcels that make up the homestead lots of Gladys
Olson, Lot 30, 31, 6 32 have been asked to furnish the City a letter
of credit or performance bond to insure the installation of sewer
if this project is also not completed. The applicants' attorney
(see exhibit P) states the City has no right to ask this as a
requirement for subdivision review only as a condition of final plat
approval. On September 15, 1980, (see exhibit E) Council as a
condition of extending the deadline date for hookup required the
previous owner to submit financial secur4ty to insure the hookup.
Again, the property was being considered for development and Council
agreed to the postponement realizing the savings involved with
an installation at the time of the proposed development. This
development was never realized, the house remains unsewered, firs. Olson
still lives in the house as a renter and the new responsible owner
is Tonka Lake Properties. Staff will not schedule a public hearing
until the City is in receipt of the letter of credit. Glenn Cook
has estimated the single hook up at $14,820.00 (see exhibit C).
Although we usually require 150% of that estimate, we will accept
a $15,000.00 guarantee by the 30th of March to allow for adequate
time forlegal notice of public hearing.
sau ITY of ORONO
POmn Boe 66a c".pl D.Y. M,n new,a SSt21• Mamapel Ofaea
Telephone 479. X57,
Tonka Lake Properties
2661 Arcola Lane
Wayzata, MN 55391
cc: Gene Earnst
NOTICE OF PLANNI^10 COMMISSION ACTION
Date of Meeting 3-15-82
Votes: _ For Against
Planning Commission recommends the following:
Control No. 669 _
Variance
Conditional Use Permit
Subdivision, Preliminary
Date of Notice 3-N DdT —
_ Approval: As submitted
_ Approval: Subject to conditions noted
_ Approval: Additional information required before Council meeting
Denial: For reasons noted
Tabled: Pending receipt of additional information from applicant
Tabled: Pending review by others, or further Planning Commission
study
X No action required
NOTES AND SPECIAL CONDITIONS Planning Commission asked for a study of
hardcover to be completed on the property by the applicant. Deadline date
for this information is April 5, 1982. Planning Commission set up a public
hearing for April 19, 1982 upon receipt of hardcover information.
OS Applicant's next scheduled meeting is confirmed as:
Planning Commission _April 19, 1982 (public hearing)
Council
!J Applicant's next scheduled meeting is dependent upon receipt of
u additional information. Deadline for the
meeting is or
for the _ meeting.
In all cases, the application must be continued with the submittal of
requested information withinor the City will consider the application as formally withdrawn.
If the applicant has trouble obtaining additional information, please
contact the Zoning Adminl+tr.,Vor.
If you desire- eortified coLi.i to- ,i; l:-•I PIC,-
they are availabl•� fror. Li.. ..... ..
and approval by thy Plar.r.i:,: t, ..
r c.U.r
MIW
3-(f -Q'R flat
0
rGe�
Ot �jc pa40G Oro'
X
�,) u...� Gam•.- 0�,��..,
0`7����.
4 rt .
n4rw
Aak 4
.YwL3 -pt
OtrA, 4-.92 /or
ryvoy
Ernst Associate
70: (,yy A-0 D&7
CAf OF 40"1e
AT,,pn: JI 4mg A. AMia wN
.ENOW m'A,� ❑ � A.M.E. ECNAE �.
ffmiA. ❑ oNyNNE. ❑ --
FEB !
C viiu
„E, SrAp,Diuibe>v /ie0 ��
,ATE:.Z�7//0L M
;A,. = rren u Eauowa:
❑ FEE WN. w. ❑ .. EVMa* ❑ hE .MYNA
Clew ❑ Mw.EME . At,W Cl Fa No om
RrwEs Pl�fSi CAU- I &- mm o"/Y�ibAo A
cc
LAPiHWAR AIWMR[CTIMI. ARE KMNMG A JON.TNAN VILL AGE LINTER .UYW A U NNE YOTA f!)L IMi NEEI-J►ME
TRANSMITTAL
Ernst Associates
BALDUR PARK
3/29/82
Mr. Al Olson/Planning Department
COMPUTATIONS FOR RUN
MAR 2 9 19K
! EXISTING SURFACES
Structures, existing house, patio
garage, shed
Gravel Drive
Lawn 6 Rough areas
PROPOSED SURFACES
Structures 2263
2400
2200
2000
96-5
Bit. Paving
Lawn 6 Rough areas
Q• CiA 1•.25
/01 1�b 9
IEIT 19
'i
_u u
So. ft. Acres C.nef_ n . ria
3,173
.072
.9 .016
8,200
.188
.9 .042
108,417
2.489
.3 .187
119,790
2.75
QE .245
8,863
.203
.9 .045
11,340
.260
.9 .058
99.587
2.286
.3 .171
119,790
2.75
Op .274
6" rain/100 yr.flood
- � I
.274 - .245 • .U29
00 x 1.98 • Acre Feet Required
.029 x 1.98 • .057 Ac. Ft. of storage (1' deep)
.057 x 43,560 • 2.482.92 sq.ft. (2,500 sq.ft. I' deep)
0 1�c� o n
Ent Associate � ! ` 9
CITY OF ORONO #669
yTTORN t,�� I�Ki M�tl�Ti� MID*M YOU WMY n IMM MMw.I. ONE w
�r.w ❑ aww. ❑ ----- - - ___..--- -..
--- — -- rIV1aA'18 Li'VVE.
rnMw u F=ows:
,/w
❑ b. ww6. eft, nirb. & .aww.. ❑ Epp . w1.Y ❑ Ia. MMY w _-
a C-kVL*f PETEf%oN *MR"
IMICMCM.E MYCNR�C�NIE�.'1[ M{IMNYIO •JOMMYMW YKlMOE gM1EN NCMYI[� IINIIat�O1. W.�.YSY.1„MM�.
TPANSW"
AL
OPPENHEIMER WOLFF
AIM, Ew. SIM
1p, lop cE,nFp
ft L .K p. wSEus
FOSTER SHEPARD
^. ." PWL.wlxu i5la
wlnxEe.oup,wwx 55rox
1. p.upxm IT111w
"f rt".E pW to Wn
1n FG .Oxf pQ TA NSI
ITIE.xOMF SRN p'
AND
TELEX IF,O@
If LF, 1..1.
IT'. w,"
DONNELLY
SAINT PAUI,
March 30, 1982
Orono City Planning Commission
City Hall
Orono, Minnesota 55391
Dear Commission Members:
It has come to my attention that a slight misunderstanding has
developed out of a statement which I have made at the last planning
commission meeting which I attended with Gary Petersen regarding
Baldur Park. At that meeting while we were discussing the DNR
hardcover regulations, a comment was made to me that I should re,,iew,
not only the background of the DNR regulations but als. the back-
ground of the Orono Hardcover regulations. In respone. to that
comment, I indicated that I had spoken with Allen Olson r-ncerning
the background of the City's regulations and the practice. difficulty
in reviewing the voluminous background reports at this time.
I did not intend to convey the impression that Mr. Olson would not
make Any of the City's reports available to me. To the contrary,
he specifically indicated that the reports were available to public
inspection, although such would be difficult and burdensome. I
concurred with Mr. Olson that at this time it would not be necessary
to sift through boxes of files to find these reports.
I want to emphasize that Mr. Olson has been very helpful to me i-1
my conversations with him and has taken a very objective �o-
fessional approach to the planning aspects on Baldur Park
I hope this letter alleviates any misunderstanding.
Very truly yours,
OPPEyNiiZMER, WOOL�FF„ FOSTER,
nn5.• J.
i
DJT/lks
cc: Mr. Allen Olso.
Mr. Gary Petersen
SHEPARD AND DONNELLY
TO: Alan P. Olson, City Planner
John R. Gerhardson, Public works Directo-
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: March 30, 1962
SUBJECT: #669 Tonka Lake Properties - PRO - Preliminary
Subdivision
The following information is enclosed for your review:
a) preliminary plan
b) grading S drainage plan
c) plan, section 6 profile of private road
Your reviews must be submitted in writing to my office
by Friday, April 9, 1982.
CITY of ORONO
1'oNl 1 Vic, Ihx ti••t'rI.W1 Nq. M...... w x.W.M.... •1 offir .
On the Vorth Shure of Lake Minnetonka
March 30, 1982
.n Cook
•mstroo S Associates
5 Highway 26
Saint Paul, MN 55113
Re. 4669 Tonka Lake Properties, 1340 Baldur Part L.,;J
Preliminary Subdivision - PRD
Dear Glenn,
Please review the en.. .sed preliminary subdivision
plan for a 4 unit PRD, grading and drainage plan, plan,
section and profile for proposed pr;vate drive for t,.,
above referenced application. Note the apoli�ant
has not shown a platted turnaround for the prr.ate road.
I will need a written response fro.n you by F'rida.v
April 9, 1091.
r ncerely,
Jeanne A. Mabusth
Zoning Administrator
Enclosure
M 11 b1\,., ,1\I\'. 1'1'U' • HrV I' \I N,\•11\Nll 1-' .•. • YI •lN +uNN 1
1o.:ka 1-Ak
1D`E-xSE a_CCE�' 'T�.�g C-rcc�, �n.: ,•,c .�•.. �.v. -..
�60CC�`� a.S Sec...ri� SoQ 1N34p.\\a'�ioiu o� c�1� Se.uey
v
rt
VY.OR 'ic; '��E �e.�l 19 �198] Publ+c Fic.n.•.�,q.
Gc:0 ge-Y4��o,v
pia
rsees. e.l ;-3� T1
war.
e.
EXHIBIT
TO: Jeanne A. Mabusth, Zoning Administrator
FROM: Alan P. Olson, City Planner
DATE: April 13, 1982
SUBJECT: 4669 Tonka Lake Properties - Proposed Subdivision
(PRD)
The basic zoning on this property is LR-lC ss acre/unit.
Because of the peninsula location and resultant 3-aided 75'
setback requirements, this site is a natural one to consider
for PRD cluster -type development allowing for defined housing
pads and common pen space close to the lake.
The limiting site factor is the lake and resultant floodplain
area below elevation 931.5. This defines both setback and
hardcover limitations.
All building sites including the existing house are above the
931.5 floodplain elevation. Provided an open space/flowage
easement over Outlot B is granted to the City, Section 31.841 c
allows this flood fringe area (between 929.4 and 931.5) to be
credited for density purposes.
All new building sites meet the 75' shoreline setback. The
existing house (and proposed lot) encroaches to about 40' from
the shore. It has been demonstrated to staff that 4 lots
totally conforming to the 75' setback are possible if thn existing
house were demolished (lot 2 becomes smaller). The request is
to al'aw the existing structure to remain where it is.
The City could require removal f the existing house and full
compl?.ance with the 75' setback as a PRD condition. However
since 4 conforming lots are feasible, the existing substandar.1
house location really has no bearing on determination of the
appropriate density.
Therefore, based on setback and net lot area factors, the
allowable density would be 4 or 5 units (2.75 acres - road
O.L.A. .22 acre = 2.53 acre ; .5 = 5 units by area or 4 units
practically possible per plan).
On the other hand, hardcover is extremely limiting. Per 31.831
and 34.202, there can be no hardcover below elevation 931.5,
or within 75' of the shoreline. And in the remaining area
the maximum hardcover can be no more than 25%. The r sum
hardcover allowed is therefore only 5526 sf. Any am over
th.s amount requires a variance.
Based upon the house sizes proposed (excluding driveway
hardcover) the maximum density allowed by hardcover limitation
would be 2 urirs, not 4.
#669 Tonka Lake Properties
Pays 2
Proposed Subdivision - PRD
Any development, including the existing house, requires a
hardcover variance for the driveway (and City street) to
access the building site. The developer claims various
hardships and propos:s various mitigating factors in his
request for hardcover variances necessary to approve any
construction on this property.
Hardsh+o2s
1. Lake on 3 sides - peninsula location
2. Driveway and street must be located within 75' of
shoreline and partially below 931.5 elevation
in order to reach buildable triangle.
3. Only 18.5% of the site is above elevation 931.5
and 75' or more from the lake.
4. The existing substandard house location predates
the current setback and hardcover regulations.
Mitigating Factors
1. Site topography is such that most all drainage
flows south so that even though the driveway
is within 75' of the north shore, the drainage
actually flows 85 to 190 ft to the lake.
2. Holding ponds are proposed to retain direct runoff.
3. The driveway will be relocated farther from the
north shore, and resloped to assure drainage away
from the near shore to the holding pods.
4. The total hardcover proposed is 16.8% of the
gross land area.
5. Excluding driveway area, the structural hardcover
is 6600 of, 29.8% of the buildable area(above
elevation 931.5 and outside of the 75' setback area).
The bottom line is that any development within the buildable
area, even one house, will require hardcover variances for
the driveway. And the amount of driveway hardcover required
is not significantly different for one house than for 4 or 5.
Thus the practical approach is to minimize this driveway hardcover
consistent with access safety requirements, to redirect driveway
runoff to the holding ponds and thense south to the lake the
long way, and to determine reasonable density allowances by
review of structural hardcover within the buildable area,
exclusive of the necessary driveway hardcover.
+ 4669 Tonka Lake Properties
Page 3
Subdi,ision - PRD
Therefore: Buildable area: 75 ft setback 6 above 931.5 = 22,105 sf
max allowable hardcover 25% = 5,526 sf
existing hse, patio etc approx. 3000 sf = 13.5% (no var. req'd)
with second lot add approx. 2400 sf
Total 0—Sd 0 sf = 24.4% (no var. req'
with third lot add approx 2200 sf
Total 7600 �T-- 34.3% (9.38 var.)
with fourth lot add approx. 2000 sf
Total 960� 43.48 (18.4% var.)
FINAL DENSITY REVIEW
1. Clearly some hardcover variance is required to allow
any driveway on the property.
2. With the driveway hardcover variance, 2 units
(1 existing + 1 n-,,) could be built meeting all
other requirements and without further variances.
3. Allowing three units as in the previously approved
plat would require a nominal 10% hardcover variance
within the buildable area.
4. Allowing four units as proposed would require a
nominal 20% hardcover variance.
5. Five units as might be allowed by gross lot area
density is clearly not physically practical within
the setback requirements.
Recommended Considerations for Preliminary Plat Approval
1. Determine reasonable density to be allowed
a) 2 units with driveway hardcover variance only
b) 3 units with driveway and 10% structural hardcover variance
c) 4 units with driveway and 20% structural hardcover variance
2. Conditioned upon
a) drainage improvements per plan, including holding ponds,
rel cated and resloped driveway, building eaves troughs,
max.mum hardcover square footage depending upon density,
I erosion control measures. MCWD must approve drainage plan.
b) driveway with turnaround per clan
minimum 12' paved width for 2 units
2) minimum 10' paved width for 3 or 4 units
c) dedication of new City cul de sac and right
of way including paving .,f street and cul de
sac anc r•.p rapping of shore as in previous
aFplica:ions.
#669 Tonka Lake P.
Page 4
Subdivision - PRD
d) sewerage of existing house not later than July 31,
1982 ($5,000 security check is on file to assure
this will happen regardless of whether subdivision
proceeds or not)
e) common open space to be held in undivided joint
interest by lot owners, with open space and flowage
easement to the City.
f) joint dockage not to exceed 1 slip per lot, located
as on plan. If 3 or 4 lots approved, then dockage
should be divided as shown in which case we recommend
no need for a joint use dock license.
g) removal of existing garage and sheds as shown on
the plans (demolition permit required).
h) regrading, landscaping and sodding of all disturbed
areas.
i) payment of extra fees, depending upon approved density,
for park dedication and sewer units.
Note that the City should be prepared to condemn any public
road right of way as may be necessary to allow extension
of public road paving from end of paved road to new cul
de sac. The developer should again try to privately acquire
the necessary right of way, but I do expect public condemnation
will be necessary.
i
CITY of ORONO
Rul t nfirr Nun AM1 •t'n'slal Nay. Mmmwta k.)• .VI..r,pd 0n,—
?1
• On the North Share of Lake M1nnetnnka
April 14, 1982
Clifford Reep
M.C.W.D.
Box 387
Wayzata, MM 55391
Re: 0669 Tonka Lake Properties, 1340 Baldur Park Road
Dear Mr. Reep:
The above referenced Planned Residential Subdivision for 4
units by Tonka Lake Properties is in the process of being
reviewed by the Orono Planning Commission. Enclosed
herewith, are the preliminary subdivision plans, grading
and drainage plan and road plan. We would appreciate any
imput you may have concerning this proposal.
Sincerely,
i
Jeanne A. Mabusth
Zoning Administrator
Enclosure
YI 11 bl\ba /n\I\�. ,-�'i.' • ,a41\I\IM tllu\•11'. ,\tl ,'�',•. • II NN YUYM �"1'\1•
HM •H�� i
#4-L-toI
CITY OF ORONO
NOTICE
The Planning Commission will hold a public hearing in
the Council Chambers at 1275 South Brown Road on
Monday, April 19, 1982, at 8:30 PM on the matter of
Tonka Lake Properties'application for a proposed 4 lot
Planned Residential suhdivision of a property located
at 1340 Baldur Park Road.
All persons wishing to be heard will appear at this time.
Wricten comments are solicited. Plans are available for
review in the City offices.
City of Orono
By: Planning Commission
G. n'K"...V
Jea ne A. Mabusth, Zoning Administrator
CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ) as.
VILLAGE OF ORONO
I, Jeanne Mabusth, Zoning Administrator, of the Village of
Orono, HennepinCounty, Minnesota, do hereby certify that a Notice
of public hearing concerning Tonka Lake Properties
application for a proposed 4 lot Planned Residential Subdivision
of a property located at 1340 2aldur Park Road
was mailed to the attached list of property owners.
In Witness Whereof I have hereunto set by hand and seal this
31st day of March 1982
.r � • /Yh.s.�.t�
Jea ie A. Mabusth, Zoning Administr.^tor
0
LAKE MINNETONKA SUN
AFFIDAVIT OF PUBLICATION
NORTH SHORE EDITION
840 East Leke Street Wayzate, Minnesota
Slate of Minnesota
County of Hennepin
o X M0eTCx5pp Mnz dull lateen m Sopa -a' I W, Mu and claim[ an ll mer here ,A," ns. been theoldem ✓M Mnn✓I s.11Mn .,upwr r nDun. AD
iM Wtr MlnnnunYu Sum 9onn
Fx prdnlon and heat lull Yn.Hedee nl lhe lerer heron aatee ✓. Iollnr. I earn nevp✓µv I, pnnmd m 1ne
.a l..h 1enryap 1n ar—go, Inr... and inrolumn and aneel lorm pun nlem m Vrinled .p✓rc In of
ntia fw pu✓ InvMr Ill 9nldMppaperi eetlY and ndlslrllwlyd al' as Dole eYeryvrct Ipl S.ld
r...µ r Nr bn .1 .1, M rolumm drmlra Lr n of ka.1 Inleral In 1M eo nil, rnlrn II
Vurponx to r ✓nd doe. n.1 Saul DIWIl.le any other punLralmn and Ir 1101 made np ennml. of
pnenln. plate m.11er mid ✓drrnt emem. 141 fluid ..."per r. rmruLned In and ne at IM
an.Inyalont .'Mrn o potion. to Drive oils At Ir✓n hew r"We regularly outfitted pap.
rnhen hen r✓[. W el I ... t na nl a.la✓l t arsal.... W1d or re loan throw m✓na1, ...
and Ma eMp a ,-.d. rl✓.. malt. m nr lneo lanD cone lnl Said MW wPr Puryum to vern'
Mrayaa4 Onme Medm. Mound I'llmoutn Spnnp Pa1Y. Mm. v1Gnta Mann Mmnelrta, Mople Plam
( mm1 n[ a✓fllrMn n and In enudu end II ore sal YMea Wlhx of lra fo rn Ine f ink al Paofeon m nsales
Y e 'pen during He nd enso W uri MUrn lut the ,11—r of al n 41va •.
.e.xa".11 a silo ..m sal b mrrllmm�. ✓nd m mtn4d q 1M m nglnY olnlxr III ..m lrleuap✓p • u
yer4n. ncl ry ielalorm,olrvtleuladlreclmsaMry to
a men.,N_u iWran boom..
re.mee Imetto 'A, Sunni auto nrvl✓r Xu.1ne4 MUrr m mr n�r mril ill 1, nea.VaySt ails nu..... A)
rM✓Iva I"I Said
IM mr—paSainea.Vap. flee ✓ toil m 4rn n mmMreml, aIm Ine State xlaarnal
Swielypl or hrintp,o,a.o.a..o.otanmMn orm,the r.mn , aamwrmn, Alamo
n.
, ymrrvenry m ornrr rmnnnµ Sao
a ..vend form reform In[ iM lave .,live anou mat.[ I., nVr,vd,
hrdayo rle,ifw✓ayalmn nerrnmVfrn ✓nil all lmmymnr rondlr color al kaa om, UVrr.Mlne
.1 Man"' oualer ill yuXf. orlon In IM.,rd Mlov 41Smn nrrrRryr XD Ffid sad mine form
sal fie al yrw.lo Lnuaq 1 IM.mII .eun ., . —r of Ai an A,p..W Ia IM -arm a before
A
S> 1M 6mrcla 1 .1 State and .r[m'n M lilt m t, - ollmer ill earn nra.Va yet and .torn In Mlore a
nWaIY yYXXt elallnf 'hot 're nrnry.. �. r . a Lyi 1w✓rµlyel
at tanker .lane. an ..,oh in..I lhe........ [votice a. ublic Hea_rifffig.
Mrrm ✓ttained ar a N•n nennl no tul from the rolumn, of said neu vaµr and r r printed
eon , ' menial In In, Y:aXan Ia11d,r..r col,. ra.n .—k lot OIIC.....a.w..wb
that r1 .a. it...I poW1.Md an We 7 do, W April a 4Z__ -
end .... Inpr..lp yrmlyd .inn pumo.n.o veil .saver I. aM .•lung,
:M 4
il. ill aM in, I love my.-n. n r premed nip,
Id 1M ilea aline'' �. r,n.Y 1✓nn sail ill• uMn Mran,.*..Nd.Nn MmpM we aN
YIm11d pP u.rd In lnr. ... ornn and punnr. .. ....So a,,r lu ✓o
e10 East Lend Street Waygate. Minnesota
State of Minnesota
County of Hennepin
O s MOHTE]sO] il vlg duly deem o mmnya he Is
W c., prldnin And gcnc,.d mane... of the .answ.ftaper its..
Edlnftn and has lull gnu* ledge of Ihe facts Mraln staled us I
English Imguoge m rew.papet farm.[ and In column and I
teat Mo.yuare men.. 4l Suld n.r.p. Wr la reetl. and nal
al hill has "I 0, Its .,.a rolumm deraled lA a.u..
µ..pens 10 W,.e And due. a.. filly slight... A.Y aster
patent.. plate Moller aM .4... llxmenl. Ia said Ia
roashllea +ntrh d VurWn. to .erve. no, al leas,
a m
nsrnber., has as .rerare al A. I ... I Is, A, u. lM., coon,
Wron. m lu r,
dn'Wed r.rlu.,
!tidied Mweelu
n .Wrc m At
week Ill said
A.", rnlrn II
up courtly A,
,ad new IM
ed lA 1.1c,
.ere mpnm....
and
...... ............... ......... ............. na,
MrielY In W M newspaper Is nude arailabtr m.lnele ormMenplmr yore. a a, W r.on. rorpnralmn
Wnnennlp or other Moui rµnatrd mc,rrvllnn triturating the n.. after AM making Ine aVVWvple
WYmenl I8I UAl WrsWWr has ccmpLed with all lar,.oM mist nA I., M leas, ono>c,, a..'Mml
lMdry or daleA of Whllrahon mmlloned Mlnw IH Mld nrwspxWr haalMd wllnlM Merebry rlAtle
of MlnWAma prlm m Jaru..y I. IM Ana earn January I merealtrr an affidavit In lM form prru'nMM
no IM SerntAry al Ms., end uknM fir 'be mengmg -fill,"nl aaid rewspeWr and worn,, Mbre a
hart public Award last the o a pit r 'Ad legal raullopvr
He further stale. .,a -,ch in., IM Wiled_ k!gce J: 'ubliC Hearitgy
fiscal, anarhed A, A part hrnnl teas not Imm the rnlumm W sold new.p.Wr and was printed
am , ' therein in the Enghah Lolloweeume each wrek aeeb
that a As, hill sit VUUluned an We 1 7 . _day A,_ April_. I...1___
.nM As, IMnaLer VrmIM ...I whialyd ran .p ,A and im'ludmk
IM da, ul I. and In.., II,. wilo,Ml I• a VnMM r ,,
.1Inr bale, rear alphaMv vim N., Z Mill As,I , and. hereby A1,... lMlydn Mmp the cle slid
kind of I, W word or the eunlp.alllnn and .hill Atoll J .yM nmai 1. Al,
A AH.IryMmm....^A. A...
1J'hhalll•I.n.n lord 1 1.1 111T I I I I 11.1 J7 dal ,.I April Is. 82__
C,
i
MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 1982
Page 9
Gary Peterson and erne Earnst were present. Olson noted
the certificate e,f mailing and the affidavit of publication
Mrs. Keesling of 1384 Baldur Park Road, Ted Boer of 1' '
Baldur Park Road and Jerry of 1376 Baldur Park were p lit
from the audience.
Olson summarized the Tonka Lake Properties 4 lot proposal.
Mrs. Keesling noted for the Planning Commission that in
order to get across the peninsula you have to go across
her property to get to that property. She noted that
the lakeshore had eroded 1' already this year. She doesn't
see "', they could proceed with this proposal if she
doesn't +ant all those people travelling across her
property. Can they legally get to the property?
Ted Boer stated that no one had an easement over his
property which he outlined in a previous letter to the
Mayor. The road has encroached on his property S'. lie
stated that 8' of erosion had taken place on the
lakeshore banks. He stated that all the City had
planned to do was condemenation of his propert-.
Olson stated that to stabilize the access the only
legal way was for the City to establish and define a
permanent right of way just where the road is today.
We're not saying we need any more land. We only wan:
to „gally establish what is there now. This can 1:e
done uy the owner granting a- ;asement, by the developer
purchasing an easement which ne would then grant to the
City or,if necessary, oy condemnation. But we have to
estab;'.=h the right of way once and for all before we can
stabi;.:ze the road and thereby prevent further encroachment.
Jerry stated that the road was already in need of repairs
and also goes directly across lots 17, 18, 19 a 20.
'-a. Keesling stated that the road can't handle ; more
dwelling units much less 1.
P.r stated that there was a terrible traffic and parking
probl.m on this road. He stated that the City would not
even let him pr.t up a sigr. stating "Private Property' to
discourage parking.
Olson stated that this a separate issue. He recommended
that Mr. Boer contact t:9 police or public works de nartment
about parking controls.
Mrs. Keesling stated that the road was actually a swamp
and she felt that it would not be able to handle any more
trafri�. She also informed the Planning Commission that
Peterson had just listed tre whole Point for sal.- in the
MLS book. She wanted to know why this lroposa. .,as goinq
ahead '+ it was for sale?
✓TONKA PROPERTIES I
1340 Baldur Park
Subdivision
4669
9:00 - 9:30
Publ Hearing
MINUTES OF THE PLANNING COMMISSION MEETING OF AI3RIL 19, 19S2 Page 10
Peterson stated that it wa.: up for sale and that he was
TONKA (CONT.)
keeping his options open.
Ophei;n moved to table the Tonk:► Lake Properties proposal.
McDonald seconded.
After a brief discussion in which the developer asked for
some action by the Planning Commission, Opheim withdrew
his motion.
Earnst then expiained the drainage plan designee to control
runoff. The Planning Commission was very impressed by
the design but still felt there was too much hardcover
proposed.
Callahan moved to approve the Tonka Properties subdivision
for 2 units, including the existing one plus one more.
Opheim seconded.
Rovegno wanted to know what the 2 unit plan would lock
like. lie stated that with 2 units they could still
run into hardcover problems.
Opheim stated that this was a rare piece of property and
that he felt that a PRD was never intended on Balclur Park.
General discussion about Planning Commission not wanting
to act on a plan that wasn't before them. They wanted to
act on the 4 unit plan proposed. Callahan withdrew motion.
Callahan moved to dent the 4 lot plat and hardcover
variances which would have to be approved to approve
this: plat subject to the following findings:
1 - Developer's disre^,ard of hardcover ordinances.
2 - Too much density for hardcover regulations.
Rovegno seconded. Vote: Ayes (7), Nays (0).
Opheim moved to approve the final subdivision subject to
,JUDD RING'_.t
the findings and conditions setforth in the staff resolution.
2280 Wayzata B1
Final Subdivis:
McDonald seconded. Vote: Ayc!, (7), Nays (0).
Resolution
0615
Goetten moved to approve the final subdivision subject. to
C.E. VAN EECKHO
thr- findings and conditions-:etf,)rth in the staff resolution.
1025 North Bro1
Final Subdiviel
Kel lc�y se�cnn !. 1. Vote: Aics (':) , ?Jays (0) .
Resolution
0626
EXHioi i --_
A N1 F. H I (' \ '\
NA f 10NA1 to AN1- • A-N I , A I.
IRI:r1',4.ABLE L1:1'fEa OF ('111~1,1. No. >-i_' ) 27-
April 19, 1982
City of Orono
1333 Broan Road South
Orono. Minnesota 51323
r.,nt lemon:
':a horehv establish our Irrov,1.:ahte Letter of Credit No. ;-12_327-K in Vour
favor for the account ^f Jennis-illian, 120 North `inelling ,%vent,,:. .4t.
'Sul, Minnesota SSLU», .p to an a,yTegate amount of :..;. X 11.►r:; i iv. ::,ou-
and (u5S5,000.00) av: L''ible by yo,ir draft(s) at sight drawn cn ua an; ac-
car^panied by the following:
Your signed statement cart_tying that the a:ncunt draum represents
past due dobt to the City of Orono for sewer cinstru:tion, fr.i
Dennis S. Killian.
%11 draft(s) drawn under this Letter of Credit :rust be Tnarkcd "'Drawn under
.nerican National flank and Tri!st "r-:pan;: Letter of Credit %o. S-125 7-.C,
Dated April 19, 1'12."
we hereby engage with you that draft(s) drawn under and in ,:1..,npliance wLth
0e terms of this Letter o 1r1i1 :,onored if uraarl and pre-
sented to us on or befo Cove^bee 1, 1932.
,his Letter of Credit is subject to the .Uniform Cu-;tc,r,s and Practice for
Uocumentary Credit;, 197: Revision, International Cha^her of Ccrnerce.
?ublication 290.
Yours truly.
American National Rank and Trust Company
Ica tharine A.-Ifuart
International Ranking Officer 6 Manager
International Rankin; !►ep.artment
A•,41 /11 Ark P.A i ,1 •..* I:n•.- A'.r 1►; . 1►''• A%
$4 (rw-,
EXHIBIT -r-
CITYof ORON()
Pt I )ii... It..r of,*, r..taI Ilay. Minnedutu A* NIuniripuj , )fti( ry
I n fhl .%.)rllt `hr.re .. take Alrrtnctunka
April 21, 1982
Cane Earnst
Earnst & Associates
Jonathan Village Center
Chaska MN 55313
Re: #669 Tonka Late Properties Subdivision
Dear Mr. Earnst:
On April 19, 1382, the Orono Planning Commission -oted 7-0 to
recommend denial of your proposed 4 lot PRD subdivision because
they did not find suffi^ient hardship or justification for the
hardcover variances necessary to allow such development. ilann n-_j
Commission felt they could approve a maximum of 2 units (1 existia4
+ 1 new). They asked if you wished the matter tabled for submittal
of a revised 2-unit plan. You asked for action on the plan as
proposed and that resulted in the vote for d,�nial.
Your application will be on the City Council agenda for May 10,
1982. If you wish to submit any additional information for the
Council to consider, it should be in my office on or before May 3,
1982.
With this letter I also acknowled�;e receipt of a $5,000.00
irrevocable letter of credit intenJt!d to assure the City that
you will install sanitary sewer to connect at least the one
existing house to the municipal sewer system this summer, whether
or not your subdivision application proceeds. with receipt of
the letter of credit, I an; returning Gary Peterson's personnal
check #5814 to him along with a copy of this letter. Please note
that the City will exnect the sewer constriction to be completed
on or before July 31, 1982, or the City will recommense hazardous
building proceedings and will draw on the letter of credit to
complete the work this summer.
Sincerely,
an P. Olson
City Planner
Enclosure
cc: Gary Petersen
at It1411l.A/4r\1\t. V;1' s' • AlNll\11iM♦IM�♦•11\�\l� •'!7!)b 0 /Iri14 %4MIk f7lS4
•
Q� s
r AATE""'o 'DUMDARt N
`t ,J i
s i, NM4 fs
EDI��
MINNEHAKA CREEK
IARE MIMMEfOMRA �
WATERSHED DISTRICT
P.U. Box 387, Wayzata, Minnesota 55391 M MNESorA Rltu
E/OARD Of MANAGERS.
David N. Cochran. Vies a Albeil t Lehman . lames S Russell a John E Thomas a Bat Aen "dmundsun
April 2b, 1982
Ms Jeanne A. t4abusth
Zoning Administrator
City of Orono
Box 6b
Crystal Bay, 14innesota 553[3
Re: Subdivision A bb9
Tonka Lake properties
Uear Hs Aabusth.
APR 27
CITY ()t ORU,,�p_,
As per yor request for comments concerni,ig the above mentioned
subdivision The Ainnehaha Creek oiatershed district has performed
a preliminary review of the plat dnd offers the followinq
comments.
1_ The first floor building elevatiol should be at least 1 foot
above the regional flood elevation of 931.5 MSL.
2. No fill material for the purpose of home and road
construction will be allowed belc,w the regional flood
elevation of 931.5 11SL.
3. A building setback of 75' must be maintained from the most
lakeward portion of the building toundation and the NOHW
(929 4 MSL. Lake Ainnetonka).
4. An erosion control barrier wi11 be provided to prevent the
transport of soil material during construction. This erosion
control barrier will oe maintained throug:iout the project
life
5 . All disturbed soil surfaces wi 1 l be sodded or seeded and
mulched upon the completion of €inal grading.
A permit must be obtai�ied from the MCWU prior to any construction
a.ld an application can be abtained through this office. A
Ms. Jeanne A Mabusth
Page Two
April Lb, 1982
variance for stormwater management will be granted in this
application due to the insignificant increase in peak runoff as a
result of the project and due to the limited space available for
the placement of a stormwater detention pond.
If you should have any further questions or problems, please
advise.
Very truly yours,
EU(jLNt A. HICKOK AND ASSOCIATES
tngiin ers for the District
Cli d keep
bt
OPPENHEIMERWOLFF I?W1IRSTgANK91M 4"AItrf,%F:NIF" 799VJUARFCrM8EU8
SAINT PAUI,MINA 'Al NINNEWA VS WNN VM2 '1M0 BRIi`+SFIS. W.rJIUM
FOSTER SHEPARD TELEP" N+E P1. TE1EPvK1NE mY 331f eA61 IEIEP40W 6"!7 38 on
AND TELEX Y9 TC1!. TELEX n 01.I8 ?TIEX 82V38
DONNELLY T
4
Saint Paul, Minnesota .IJ
May 3, 1982 CITY OF ORONO
Mr. Alan Olson
City Planner
City of Orono
Orono, Minnesota - .47
Dear Alan:
I would appreciate it if you would distribute a copy of this
letter to the Mayor, other Council Members, and Jeanne
Mabusth.
I will send copies to the other persons listed in the letter.
Very truly yours,
OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY
By ✓`
ennis J.24o n
Enclosures
DJT:ms
OPPENHEIMER WOLFF M?AIh•. ::F NT4N 28 SW t414F *0 ME ?.%
FOSTER SHEPARD MINN,J. V!Nh`'1)f +oa•sa-T5at,'S,Rtd,•aV
�: , IFLF"WTae Orr
AND ,ao e9r36
DON N ELLY
Saint Paul, Minnesota
May 3, 1982
F• \ T I r I I
�l o
�►-4MR
CITY OF ORW.'j'J_.
f
..
Mayor
William B. Van
Nest
Council
Members Mary
C. Butler, Tim Ada-,s,
Jo
Eilen Hurr and
Tom Frahm
Orono
City Hall
Orono,
Minnesota
RE: Tonka Lake Properties/Development of Baldur Park
Dear Mayor and Council Members:
Our law firm represents Tonka Lake Properties, owner and developer
of the point at Baldur Park. In anticipation of the City Council's
deliberation on the development plan at its May 10, 1982 meeting,
we are sending this letter with the sincerest hope that the Mayor
and City Council will approve the plan developed by Ernst Associates
for development of Baldur Park.
As you are aware from review of the development plan, Tonki Lake
Properties is seeking approval of a plar for the creation of four
building sites upon the property, one of which has an existinn
house already on it.
The review of this plan has received favorable comments from the
City Planner and other City staff. It is a well -designed plan out
together by a well -respected, professional landscape architectural
and land planning firm, with attention given to many details. In
virtually all respects, the plan has also received favorable com-
ment from the Planning Commission. Although the Planning ommission
denied approval for the four -building site plan at its last meeting,
the unfavorable comments from the Planning Commission have been
based almost exclusively on one concern: hard cover.
There are no significant concerns relating to density, setbacks,
excavation and grading, and other zoning and planning matters
other than hard cover. In some instances, the PRD more than
adequately satisfies the zoning requirements.
Therefore, this letter will focus on the main concern: hard cover.
Much of the information set forth below in this letter is newly
developed in order to satisfy any concerns which the City Council
and Mayor may have on the hard cover issue.
IOPPENHEIMER WOLFF
FOSTER SHEPARD
AND
DONNELLY
Mayor and Council Members
May 3, 1982
Page Two
1. The PRD Complies with the Intent of Orono's_ Hard Cover
Reaui cements .
The intent of hard cover requirements is to control problems with
water runoff, whether it be the amount of runoff or the pollution
of runoff. It became apparent in the late 1960's and 1970's that
a problem was developing in Lake Minnetonka concerning the intensive
development of land and detrimental effect on the City and on the
water quality of Fake Minnetonka. Uncontrolled development of
houses, and perhaps even more so the uncontrolled addition of large
garages, patios, tennis courts, parking_ lots, and other hard cover
created special problems. As a result of those concerns, both the
DNR and the City of Orono undertook studies to deterrrLne the impact
of hard cover.
s a result, Orono passed an ordinance which limits the amount of
hard cover on a lot, thereby controlling; and minimizing the impact
of undcc;irable quantity and quality of runoff into Lake Minnetonka
and the City of urono as a whole.
The PRD of Baldur Park developed by Ernst Associates complies with
this intent of the hard cover ordinance. After careful engineering,
a system of holding ponds have been developed, such that devele-)rr.ent
of the four-tuilding site will result in no additional runoff which__
presently exists on the site. In other words, these holding ponds
keep the runoff situation on Baldur Park in status quo.
The fact that the professional engineers and City staff have
developed a system to prevent additional runoff in order to comply
with the intent of the hard cover ordinance should be given great
weight by the City Council and Mayor.
2. The Unique Shape of the Baldur Park Peninsula Poses —a
Particular Hardship on Tonka Lake Properties.
Strict application of the Orono ordinance, in this case, poses a
particular and unique hardship upon development of the peninsula
from the standpoint of hard cover requirements. This .is so because
this particular land happens to have water on three sides, rather
than just one front side as in the case of a "typical" building s�te.
An example illustrates this unique problem.
Assume, for a moment, that the 2.7-acre site on Baldur Park was
situated such that there was water on only on- side of the pro-
perty (P.q. the South side). Assume, too, that the 2.7-acre site
drained -otally towards the Lake on that one side (as it virtually
does now anyway), so that the amount. of runoff that presently
UPPENF+%.IMER WOLFF
FOSTER SHEPARD
AND
DON N ELLY
Mayor and Council Members
May 3, 1982
Page Three
e;.,sts on the 2.7-acre site a peninsula would similarly exist
if the 2.7-acre site was surrounded by land on all but this one
south side. If this property were "typical" and had water on
only the one side, the zoning code would allow hard cover on 25'1
of the land lying behind the 75-foot south setback. This would
leave approximately 1.75 acres, 25�, of which could be used for
hard cover. Thus, if this property were "typical" and had lake
on only one side, approximately 19,000-20,000 square feet co-Ild
be used for hard cover.
Because the Baldur Park property happens to be surrounded by lake
on more than one side, the City code has the effect of penalizing
the developer by imposing a devastating requirement of approxi-
mately 5,000-6,000 square feet of permissible hard cover.
It seems fair and reasonable that the City should consider the
fact that its hard cover ordinance has a very unusual application
in situations where a lot is atypical; that is, bounded by water
on more than one side.
3. This PRD Contem lates Ap.Lr�oximately the Same Hard Cover as
Allowed on "T g Lots.
apical", Bui-ldabl
Another mea.iingful comparison is to compare the hard cover on the
ovPr.all PRD site with the hard cover allowed on the overall site
of a typical lot. For example, if a person had a 1/2-acre lot on
the Lake measuring 100 feet wide by 218 feet deep, the ordinance
would allow the owner of that lot to construct hard cover on 3,575
square feet of the lot. Stated another way, the ordinance wo�ild
require that at least 18,205 square feet of that 1/2-acre lot
remain open, which would be 84$ ton -hard cover open area.
The PRD plan developed by Ernst Associates and Tonka Lake Properties
asks the City to approve a plan having 83* non -hard cover open area.
In other words, a typical lot owner coul.d, as a matter of right, —
construct on 16% of his overall acreage, and Tonka Lake Properties
is requesting that it be allowed to construct on 17% of its overall
area. This is a very insignificant difference.
4. The Development on the Baldur Park PRD is Harmonious With, If
Not Less Intensive Than, Develo ment in the Surro,indin Nei hborhood.
It seems fair to treat Tonka Lace Properties similar to its neigh-
bors in Orono. There seems to be little dispute that the hard
cover developmen} on Baldur Paik would be no more, and probably
less, intensive than the hard cover -levelopment on surrullindinq
properties.
OPPENHEIMER WOLFF
FOSTER SHEPARD
AND
DON N ELLY
Mayor and Council Member
May 3, 1982
Page Four
5. The DNR kogulations Provide a Meaningful Comparison as to the
Unique Hardship which Strict Application of the Orono Ordinance
has on Ba;sur Park Development.
Although the City might not be bound to the DNR regulations con-
cerning hard cover requirements, it is meaningful to compare appli-
cation of the Orono ordinance w,th the application of the DNR regu-
lations. We are aware that the City of Orono has conducted its own
investigation on the effect of runoff in the City and Lake Minnetonka.
However, the DNR has also ext2nsivcly studied the problem and some
credibility should be given to a comparison with the DNR regulations
DNR Regulation NR n3(c)(2)(ee) provides the following hard cover
requirrxment: "The total area of all impervious surfaces on a lot
shall not exceed 30% of the total lot area." This standard applies
to both Recreational Development Water—; and General Devulopment
Waters.
The DNR feels it is appropriate to consider the total site to be
developed and not just the buildable area in calculating credits
for the land and the amount of hard cover on it. If the 30%
requirement were applied #-.) the Baldur Park PRD, Tonka Lake
Properties would be entitled to construct hard cover on almost
36,000 square feet of the site, or almost double of what it is
proposing.
The fact that Tonka Lake properties is proposing to construct
hard cover which would be far less than that perm4,Aed by the DNR
certainly gives some indication that the PRD is not unreasonable.
6. A Variance from the Hard Ccver Requirements, If Necessary,
Should be Granted in this Case.
One cannot help wonder, when the City enacted the present hard
cover requirement, whether consideration was given to unique situa-
tions where a piece of property was surrounded by water on more than
one side. The rule of allowing 259. hard cover beyond the 75-foot
setback seems to work well, and it is fairly consistent with the
DNR rule of 30%, when there is water on only one side of a niece
of property. It is conceivable that the Orono ordinances could be
construed in a manner such that in calculating permissible hard
cover, the 25% hard cover limitation applies to all property
beyond 75 feet from the one side predominantly draining to the
Lake, even if the property is on a three -sided peninsula. If
that were the case, it is conceivable that Tonka Lake Properties
would not even need a hart] cover variance in this case.
Assuminq (to avoid thin problem of construing the Orono ordinance)
that a variance would be necessary, t.hc facts of this case seem to
OPPENHEIMiR V1/OLFF
FOSTER SHEPARD
AND
DON N ELLY
Mayor and Council Members
May 3, 1982
Page Five
present one of the clearest cases for a variance from the strict
application of the Orono ordinance 'These facts seem to be fairly
self-evident:
1. The conditions applyinn �o this development are
peculiar to this property because it involves a penir.st 3,
rather than a typical lot fronting water on one side only.
2. The conditions at Baidur Park do not generally apply to
other land or structures, and no unwanted precedent would be
created in this situation because the variance would apply
only to this unique peninsula.
3. Because the plan has been rrofessionally designed to
eliminate any additional runoff, the plan will not in
any way impair the health, safety, comfort, or morals
of the City of Orono and its people, and it will be
totally consistent with the intent of the zoning code.
4. The owner of property is entitled to reasonable
development of the property. Hundreds of thousands of
dollars have been invested in this project and the hard-
ships which would be imposed upon ':bnka Lake Properties
by rejecting one or more of the building sites would
deprive the owners of this substantial property right.
The hardship to them would be no less than if, for example,
,_he City refused some other owner of .a single 50-foot lot
to construct upon it. Tonka Lake Properties is not asking
for a variance for convenience sake --in fact, it has made
every effort (at considerable delay and expense) to add
special features to the PRD to comply with the intent of
the zoning ordinance.
In conclusion, the deliberations of the City Council and Mayor can
be simply reduced to this: The proposed plan, prepared by a pro-
fessional. planner with the input and assistance of City staff and
commissions, satisfies the intent of the zoning code in all .expects
and avoids the problems which are intended to be prevented by the
zoning code. When all the technicalities are put aside, one cannot
help out view this plan as a beneficial addition to the City of
Orono with aesthetically pleasing residential development, huge
amounts of open space retained along the shoreline of Lake
Minnetonka, and no additional runoff than presently exists. 'here
are not many places on Lake Minnetonka wharf, four homeowners can
share over 1,700 fe(,t of lakeshore (more than 4`5 feet per hryw-)
and over 2 acres of land.
OPPENHEIMER WOLFF
FOSTEP. SHEPARD
AND
DONNELLY
Mayor and Council Members
May 3, 1982
Paqe Six
We sincerely hope, with this b7.,kyround, that the City Council and
Mayor will agree that this developmert will be an asset to the
city of Orcno.
Very truly yours,
OPPENHEIMER, W('LFF, FOSTER, SHEPAFD AND DONNELL
By
Dennis J �rvoien
cc: Mr. t,lan Olson
Ms Je-inne Mahusth
Brice D. Malkerson, Esq.
Mr. P. Gary Petersen
Mr. Gene Ernst
r
10
TO: Walter R. Benson
FROM: Alan P. Olson /
DATE: May 3, 1981
SUBJECT: #669 Tonka Lake Properties, 1340 Baldur Park
Subdivision
List of Exhibits
Exhibit A - Planner's Memo to Zoning Administrator
Exhibit B - Run off Calculations
Exhibit C - M.C.W.D. letter (4-26-82)
Exhibit D - Plan of 3 lot plat approved (7-13-79)
Exhibit E - Letter of Credit ($5,000)
Exhibit F - Notice of Planning Commission action (4-21-82)
Exhibit G - Applicant's attorney's letter (4-3-82)
Exhibit H - Preliminary Plan - 4 unit PRD
My April 13, 1982, memo for the Planning Commission lays out
all the fists and issues of this application. In brief, based
upon land area only, the property could have up to 5 units.
But based upon hardcover increases, only 2 units (1 existing
+ 1 new) can be accommodated without new hardcover variances.
Planning Commission was very concerned with the hardcover. They
listened to Gene Earnst's explanation of the drainage plan and
ponding areas intended to mitigate the surface water runoff
problem. Thereafter Planning Commission decided that they wanted
to table the application until the developer provided a 2-unit
plan. The developer in turn requested actic, on the 4-unit
plan proposed. Planning Commission then recommended lenial of
the 4-unit plan.
The plan before the Council is therefore the 4-unit design.
Planning Commission has recommended no more than 2 units.
Recall that on July 13, 1979, preliminary approval had been
granted by Council for a 3 unit plan, a copy of which is
enclosed for reference.
Council can therefore: 1) Approve the 4 unit plan
2) Table the application for a
2 or 3 unit design
3) Dony the 4-unit plan
In any event, the record should aqain show that the existinq
Olson house at 1340 Baldur Park Road has still not been connected
to City sewer. The July 13, 1979 plat approval req,.,ired this
connection before July 13, 1980. It wasn't done. On September 15,
1980, Mrs. Olson appealled to Council for an extension, which
was granted until not later than June 1, 1981, subject to a
$5,000 letter of credit to be delivered by September 30, 1980.
Tags were issued and later dropped when the property was subject
to bankruptcy.
Tonka Lake Properties #669
Page 2
Subdivision
On April 19, 1982, Gary Peterson provided a $5,000 letter of
credit good until November 1, 1982, promising to install the
sewer whether or not this plat proceeds. I have informed him
that the City will expect `his sewer connec'ion to be completed
on or before July 13, 1982, whether or not the plat proceeds.
I recommend that Council reaffirm this requirement reqardless
of how the subdivision application is acted upon.
Ernst Associates
1-9 0 w
CITY OF ORONO _
TO Orono City Hall
P.O. Box 66
Crystal Bay, MN 55323
Ms. Jeanne A. Mabusth
ATTENTION __
JOB Tonka Lake Properties_ #669 PRD
REF
5/4/82 Gene
DAIt
SENDING YOU- 1/Xp Attached LJ Unoer separate :over via
�N Prints ❑ Originals
Cops ab Ge"C r W' w
10 sets 3L?9L82 Preliminary Plat, 1"= 30', sheets 1 through 3
TRANSMITTED AS FOLLOWS' �1 r-t
As roquasted L I iw your ufp 1-1 For approval ❑ For @inmate
71
Sae remarks ❑ For review ♦ oom wit Approved as noted ❑ Fa ads die
REMARKS—.—.1_-there--a t._a"_-Questio.ns--please--b -no4 hest tate Agiye
c, Gary Peterson StCAWD
tANu!-t.APt AIICNMCTUM8SfM PtAwti'aGeJONATNAN VILLAGE GENTENICNASKA.IYMMNt>IOTAliiitiitEgN1�
TRANSMITTAL
(:ITY of ()HO NO
join tl(tive Ilex liti•t'rYs1Ul Kov. Hhnnowtu %b3'_'30h1unwijnd Offices
Tv'wphunr 473 ",A57
TO: Tonka Lake Properties
2661 Arcola Lane
Wayzata, M 55391
t r 0-Y o . _6_
Meeting Date 5-10-82
Notice Date 5-1..-82
_ Variance
Conditional Use Permit
x Subdivision, Preliminary
Subdivision. Final
Copies to: Gene Earnst
�Jonathon
[�Village
� Center
k�k�k�k�inY;kk�Y•Ae�k�Y�Y�ir>�'F-�F�Y-.FsYsY��sY:4��r:fft*8eY�'c�Y:Y�': k;Y:Y-c:4;'c:r::*:hY�Y:Y;!-;':4::Y :Yi:;Y9r•:::Y:'::Yk�lr�Y:k:k:k�k;Ar�HcsY�lr:k�k**�ir:k'�k��rtk
COUNCIL ACTION Vote: 4 For Against _, Abstention
that you consider a 3 unit density with either a subdivision or PRD
proposal. Please contact staff if you have additional questions.
Nnk�k�kk�ink�le�r9t:k*ak;k�lr9k'dry*�k:Ar�k�Ar�lnt,Y�toY��est:Y;'c�c�e�cs'erk�Hlr�exX*;Y;'esYs'rk::x�-:Y:Y:';:':;'c:'.-::-k>Y�Ink�1r
DEADLINE DATE
for submittal of r.ew information (application may be considered
formally withdrawn if information or e7,planation is not provided).
for Wnrk Permit for work to begin r_ for work to be
application completed
WORK PERMITS ARF REQUIREp - contact Building Inspector before beginning
work.
VARIANCE APPROVAL is limited to the extent shown on approved plans.
Do not change plans. Variance' authr)rity expires one year after approval.
CONDITIONAL USE APPROVAL expires upon change of ownership or use,
or on deadline date specified above.
PRELIMINARY SUBDIVISION APPHMAT. - Applicant- -lust provide all information
and/or improvements required for final approval. Contact Zoning
Administrator.
FINAL SUBDIVISTON APPRMAT. - Applicant must have drawings, resolution
and all Either required documents recorded. With certification of a'ich
recording returned to the Ci t v ►,y deadline date'.
C;�i_t MI W copies of c_ff{'ia1 .,'itv "vuncI i n u t e s troy he n b t a i n e ( tiy-
contaet ine thr. ri t%' 'Avrk . ,%1 1. w 1t 1 r-+e' - l.re,• w�• ks frmn-eetinq date.
I
Ernst Associates
To: _City of Orono SOP Baldur Park
P.O. Box 66 _ ___ REF; Preliminary Plat
Crystal Bay, MN 55323
ATTENTION: Jeanne A. Mabusth DATE-716182__ 9y Gene
SENDING YOU X Attached l_J Under separate c rver via
X' p""ts ❑ or,q,nal5 ; Nand delivered 7/6/82
Copies Date Description
12 sets 3129/82 3 sheets each 10 sets bl uel i ne Sri nts, 2 sets brawn -line,
_ prints__ - - - -
TRANSMITTED AS FOLLOWS
QAs requested 41 For your use ❑ For approval ,_; For est,n ate
Sea remarks U For review A comment ❑ Approved as noted C.. For bide due
REMARKS The reason for the delay in getting these to you was because we had _
-MR--put of�print paper. As you will note, we have ,enclosed 2 sets of broMmline
drawings to make uQ the difference.._ If you need_the -_blueline prints please do
not hesitate_to give_ -us a call. It is III understandini that Baldur Park will be
on the July _12 council meeting_
43 IN
___- -- - -- -of ORONOL;i40-- �_
(c' SIGNED
LAWWAN ARCWMCTU6& O SRE 'L ANNMIG N JON A T NAN VILLAGE CE NTE N • CNASK A. MMINE 90T A 1<Ai1 ti 130E N r* 1 ?
TRANSMITTAL
TO: Walter R. Benson
FROM: Jeanne A. Mabusth
DATE: July 7, 198_
SUBJECT: #669 Tonka Lake Properties, 1340 Baldur Park -
Preliminar5 Subdivision
List of Exhibits
I'xhibit A - Notice to applicant
Exhibit B - Preliminary Plan
Exhibit C - Original packet (5-10-92) meeting
Subject: Update Memo
Mr. Peterson asks that Council act on the original 4 unit PRD
proposal reviewed by Council at your May 10, 1982 meeting.
Exhibit A is the copy of the notice sent to the applicant advising
him to consider revising preliminary plan to 3 unit density
with either a subdivision or PRD proposal.
The applicants have reviewed all aspects of the proposal finding
that in consideration of the total financial investment, the 4
unit density is the only feasible choice. It is the applicants'
belief that they have responded in good faith to the original
directive of the Planning Commission and Council representative
at the first review meeting by providing extensive drainage plans.
They• feel they have addressed the quantity and quality of the
runuff c, ated by the additional hardcover with the 4 unit density.
It is tl r opinion that the treatment of the drainage with the
4 unit posal is environmentally more acceptable than the existing
drainay` with 1 unit. They would like to discuss their concern
with Council and also if desired submit the opinion of outside
experts in the field.
I note that Lhe City Engineer has not specifically reported on
the drainage plans submitted for the May meeting. Ile will be
advised of the applicants' plan to address this specific issue
and possibly prepare a report for the meeting night.
The original packet prepared for the May 10, 1982, meeting has
been enclosed for your review.
JUL 19 1962 k U11
Ernst Associates
MEMO
DATE-. 12 July 1982
TO: Gary 'ieters
FROM: Gene Ernst
RE! Baldur Pa
The following is a list 16f p6ple that I contacted ir, reference to the watershed
or water ouality issue relating to the Baldur Park development.
May 14, 1982 - I contacted the Fresh Water Biological Institute in Navarre and
they referred me to various people that ' should contact, as follows:
Joel Settels /Limnologistwith the West Hennepin Soil Conservation Dist.,
Way?ata, 473-0249. CONTACTED
DNR, 296-3.,25 / Division of Waters, 296-4903 / Ecological Services, 296-2835 /
Minnesota Pollution Control Agency, 296-7709 (PCA/ Kevin Falls)
CONTACTED ALL
Del Hogen, 784-6936 DID NOT CONTACT
Dr. John Wood, 471-7777 DID NOT CONTACT
Public Library / Ecology DID NOT RESEARCH
Dr. „oseph Sapperal / U of MN Limnology Lept. / 373-4664
I discussed the research that Dr. Sapperal had done it reference to Lake
Harriet pertaining to nitrogen, phosphorus, potash nutrients as they
relate to Lake Harriet runoff. They had prepared a I year study on
how phosphates were affecting agjjatic growth in Lake Harriet. The study
was prepared by Sapperal/Pfannkuck under the title of "'Urban Drainage
and its Affects". This document is available in the Mpls. public library
and the study was prepared in 1972. They telt that one of the biggest
elements that contributed to the phosphorus deposits was leaves that
deposit along the street and rot. During the w4nter months it is obviously
the salts and dust particles that collect and are drained into the lake
system.
L ANOSC A /& ARC NIT& C T JRt • WN DAMN 1000 8 J 011 A T "AN VOL LADE CENT& AD C NA MA A. YINNE OO T A $63161 303 0 01 2 J�►ANi
Ernst Associates
ME MO
12 July 1982
,':Age 2
Their major problem in their study relating to Lake Harriet was that ttiey
could not pond this material and allow it to perculate through the soil
system before it went into Lake Harriet. It would drain directly into
the open water system.
Dr. Sapperal then referred me to a gentleman by the name of Dr. Rouse
Farnham / 373-1447 or 376-8140 laboratory at the U of MN Soils Dept. /
373-1062.
Dr. Farnham felt that there are ways to improve the quality of water
by sedimentation systems and allowing the water to perculate down into
the soil. There have been studies done along Hwy. 55 by rugena Hickock's
office using calcite material to collect phosphorus particles. This has
been very successful and can be done at low cost. The park reserve
district has experimented with peat as a filtering system to improve
water quality.
Dr Farnham referred me to Eugene Hickock's office to get more data relat-
ing to these various studies.
Eugene Hickock's Office / contact person was Norm Wenck
I met with Mr. Wenck and showed him our scheme for the Baldur Park
peninsula. or your interest, Eugene Hickock's office are the people
who review all watershed permits relating to any development in the
Minnehaha Watershed District, Lake Minnetonka WatershL.i District. In
reviewing the plan, it was felt that there is no problem with the type
of development that we are proposing and means of improving the water
quality. This does not mean that they have approved the plan but from
their general review felt there are really no problems with the hard
cover and water quality for this particular site.
I have in my files a wetlands preservation guideline that was prepared
by this office in reference to Rice Creek Watershed District. This par-
ticula� document was prepared and is a very stringent document tnat outlines
the amount of uevelopment that can take place and the amount of nutrient
loading (pounds per acre per year) that are allowed. Nc felt that this
same criteria could be used for ours acid in his calculations it was found
that we are way under the requirement: that were set out in the Rice Creek
District on this development.
In talking to all of these various people .n reference Lo our situation it was
felt that there are iio problems in setting up systems that will purify and clean
the water on otiv particular project before it enters back into Lake Minnetonka.
Before any one of these parties could qive any definite approval they would have
to go into some depth study to preGare dor.uments that would back their opinion.
There is no question in my mind that it would not be difficult to set up systems
on your project that can release the water back into Lake Minnetonka at the same
quality as it presently is or even improving the water quality in the ponding
systems that wr have proposed.
.BGULAR MEETING OF THE ORONO COUNCIL, JULY 12, 1982
Page 4
�UBD�YI S I ON
V 1340 Baldur
f 669
Tonka Lake
Park Road
Properties
VARIANCE
1418 i 1420 Shoreline
677
Gregory/Duff
Mayor Van Ne
preliminary
Properties
request of
Nays (0) .
st moved, Hurr seconded, to table the
subdivision request of Tonka Lake
for 1340 Baldur Park Road at the
the applicant. Motion, Ayes (4) -
Zoning Administrator Mabusth reviewed with the
City Council the Variance request of William
Gregory, 1410 Shoreline Drive, stating that the
subdivision request is being held over until the
variance is approved.
Mr. Larry Berg, attorney for Willian Gregory, and
Mr. David Duff were present.
Mr. Berg explained the reason for the variance
request stating that his client wishes to buiild
an attached garage on the existing house on Lot 3,
and a new house on Lot 2, which does not require a
garage, as it would require too much fill in order
for the Gregorys to have an unobstructed view.
Discussion included rearranging the location of
the gx+rage and the proposed house; Duff Ia septic
system problem; and alternatives and on -site
systems. Mr. Berg requested a continuance so
that he could have a discussion with his client
and return to the Council table later in the
evening.
After returning to the Council table later in the
evening, Mr. Berg stated that the Gregorys gave
him permission to rearrange the lot lines so that
no variance would be required but after meeting
with their surveyor and architect, if the Council
would grant a variance on the other side of it,
about a 22' variance.
Mayor Van Nest moved, Hurr seconded, to draft a
resolution to deny the variance application as
requested by William Gregory, 1410 Shoreline
Drive, previously denied by the ►lanning
Commission, but to conceptually agree that if the
lot 1 i ne between Lots 2 and 3 were redrawn so that
C ITY of ORO NO
1'"t llllu'e It— 1di*Crl-sinl 14-tv, Minnewita S -Municipal Officer
Gontrc:l No. 669
"Telephone 4".1 ; 15
TO: Tonka Lake Properties
266' Arcola Lane
Wayzata, MN 55391
Meeting 'Date 7-12-82
Notice Date -13-82
Variance
Conditional Use Permit
x Subdivision, Preliminary
Suhdivision, Final
Copies to: Gene Earnst
Johnathon Village
Chaska, MP] 55318 -
*tk�t�Y*
CC,INCIL ACTION Vote: 4 For 0 Against Abstention
MOTION At your request Council tabled action on your 4 unit PRD application.
Please advise the Building & Zoning Staff when you wish your
application to be rescheduled for Council action.
*�Ir�l-�tilir�rk**Y�tir�r�ink*,kyt�ikytk�tyt**il^l4yt*yt*/rAr,:ytyt�ryh*k,klt�-k�tytkil�,A^rlr*tir#it
DEADLINE: 11.-E for July 26, 1982 meeting is July I th.
for submittal of new information (application may be considered
formally withdrawn if informat{.on or explanation is not provided).
_! for Work Permit for work to begin for work to be
application co"leted
WORK PFRMITS ARF. REQUIRED - contact Building 'Inspector before heginning
work.
VARIANCE APPROVAL to limited to the extent shown c>n approved plans.
Do not change plans. Variance authority expires one yea- after approval.
CONDITIONAL USE APPROVAL. expires upon change of ownership or use,
or on deadline date specified above.
PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information
and/or improvements required for final approval Contact 'Toning
Administrator.
FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution
and all other required documents recorded, with certification of such
recording returned to the City by deadline date.
Certified copies of official City Council Minutes may f..e70RC&1 e�Fr
contacting the City Clerk. Allow at least three werkr from meeting date.
r:GUL.AR MEETING OF THE OROt4O COUNCIL, JULY 26, 1982 Page 4
'EXNIais
%PRD SUBDIVISION
1340 Baldur Park Rd.
0669
Tonka Lake Properties
City Attorney Malkerson stated that this
discussion has been a presentation by Mr. Lorge
representing himself regarding a matter that is in
litigation. Mr. Malkerson informed Mr. Lorge
that if he wishes to make a new application for a
variance or for anything else, to submit these
plans to show a new location of the house, go
through a public hearing before the Planning
Commission and the City Council, then he has every
right to do so, but this is not what Mr. Lorge
wishes to de at this point.
An executive session was called at 9:53 P.M.
After discussion,
Mayor Van Nest moved, Butler seconded, t;,
authorize the City Planner to draft a letter to Mr.
Richard Lorge, 2697 Casco Point Road, informing
him that the City of Orono is willing to have a new
proposal brought before them that satisfies the
zoning code, since this is a substandard lot and
not in single separate ownership. Motion, Ayes
(5) - Nays (0).
The executive session ended at approximately
10:53 P.M.
Mr. Gary Peterson was present to discuss his PRD
subdivision proposal for 1340 Baldur ?ark Road.
Mr. Peterson placed on the Council table a model of
the layout for his development. City Attorney
Malkerson informed the City COJnciI and Mr.
Peterson chat anything presented at Council
meetings is the property of the City, and,
therefore, the model of the development must be
dated. initialed, and left with the City.
The City Council discussed the PRD vs, a standard
subdivision that had a density of only three units
on the property. The City Council felt that the
density of the PRD was too great for the area.
Nurr moved. Adams seconded. to table the rnQuest
of Tonka Lake Properties for a PRD Subdivision for
1340 Hall-jr Park Road. to allow time for Mr
Peterson to reconsider hi, present proposal
Motion, Ayes (5) - Nays (0).
CITY of ORONO
Cont r of No. __6_§_
I'Its l t11111r K,% 14,-j"%.1.11 1la% %1111111.n1.1 .:, i-A O'NI'l— 11411 (Iffitel.
Tonka Lake Properties
2661 Arcola Lane
Wayzata, MN 55391
Meeting skate 7-26-82
Notice Date—7-27-82
_ Variance
Xr Conditional Use P rmit
X Subdivision, Preliminary
Subdivision, Final
Copies to: Gene Earnst.
Jehnathon Village ('enter ---
Chaska, MN 55318 - - - ------ -
***�Y*�'ck•sY*�t•'r:c;Yet:Y;t':c�k:Y:Yk•�k�'t�k�Y•h*k,Y:c:::;::�1r:Y:c:Fk�Y*:Y*,4•;� �k*yYic-lt:Y„;:x;4rk•:;kk:c;k*:Y**ttk:c�Y•k�'c;Xk-k*•*****�k*
COUNCIL ACTION Vote: 5 For Again3t Abstention
MOTIO _ to table action on your proposed 4 unit FRD subdivision pending your
11 I. 17.1 7:157
decision concerning the application as proposed. Once again, Council has
,onceptually reviewed the application and advised that a three unit density
would bemorein keeping with tlic intent and obiectiveij of the LR-lC zoninq
district. --In— t(Itiiticdn, they noted a _preference for a subdivi ,ir-i as -dosed
_Inn a PR[) of the j eninsu 1 a _ , _
1 **k***it*******#***��r*•,k*�r7t****•***Ark**yF•***********�k**•A•***k*�k*****k-kyk-it�r******•k•*•k**�*1R
DEADLINE DATE
for submittal of new information (application may be considered
formally withdrawn if information or explanation is not provided).
for Work Permit for work o begin for work to be
application completed
!_ WORK PERMITS ARF REQUIRED • contact Building Inspector before beginning
work.
�- VARIANCF `•PPROVAL is 1 ialted to the extent shown on approved plans,
Coo not a plans. Variance authority expires one year after approval.
CONDIT? USE APPROVAL expires goon -hange of ownership or use,
or on r. line date specified above.
PRELIMINARY SUBDIVISION APPROVAL - Applicant -rust provide all information
and/or improvements required for final Approval. Contact Zoning
Administrator.
FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution
and all other required documents recorded, with -er!ificstion of such
recording returned to the City by deadline date.
_.__- _
Certified copies of official City Council Minutes may-�a ob-ta red.Iji•._______.
contacting the City Clerk, Allow at least three weeks fr-fm meeting date.
TO: Dick Benson, City Administrator
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: September 9, 1982
SUBJECT: #669 Tonka Lake Properties - 1340 Baldur Park Road
Preliminary Subdivision
Per preliminay plan dated June 18, 1979
Application - Three -lot plat
Council Action - Preliminary subdivision approval
Lot 1 - approx. 30,000 sf or 0.68 acre
Lot 2 - approx. 30,160 sf or 0.69 acre
Lot 3 - approx. 41,000 sf or 0.94 acre
List of Exhibits
Exhibit A - Council Minutes - July 10, 1979
Exhibit B - Council Minutes - July 26, 1982
Exhibit C - Plan designating building envelopes and hardcover table
Exhibit D - Developer's letter of cred-it
Exhibit E - Preliminary plan - three -lot plat
Petersen has returned with the original three -lot plat that received
preliminary approval from Council at their July 10, 1979 meeting.
The minutea of that meeting are enclosed for your review.
In light of the various issues raised during the review of Tonka Lake
Properties PRD application, staff asks that Council consider the following
changes in specific conditions of that original preliminary approval:
1. To require a circular turnaround, 80' diameter paved surface, 100'
right of way, as opposed to allowing a tee -turnaround. The circular
turnaround was to be recommended by staff for the PRD proposal.
2. As of toddy, we have received no new input from developer concerning
recent contact with property owners (Lots 17-20) affected by Baldur
Park Road extension. The City must receive update as to disposition
of property owners in regard to sign -off can plat for additional
right of way.
Tonka Lake Properties
1340 Baldur Park Road
September 9, 1982
Page 2
3. The City is in receipt of a letter of credit for $5,000 to insure
connection of the Olson home to City sewer with a deadline date of
November 1, 1982. If this deadline is to be met as Council required,
then work must begin no later than September 30, 1982. Engineered
plans for the extension of City sewer (existing house and two stubs
for Locs 2 & 3) must be reviewed and approved by the City Engineer
prior to construction.
4. The hardcover issue was never adequately addressed in the original
subdivision review.
a) Your Planner has the following comments:
Staff has a problem in reviewing this three -lot proposal for
potential hardcover. There is a loss of control over what
development may occur on each lot since, by ordinance, each lot is
viewed individually and can have up to 25% hardcover (outside
the 75' line). The common driveway hardcover excess is not
deductible against the lots. The potential is actually for
more hardcover in this three -lot design than was possible in
the last four -lot design.
Also, we have already had a potential purchaser of Lot 1 (the
existing house) ask about major additions only to find that
the proposed lot line locations restrict that lot so much as to
prevent almost any changes without setback and'or hardcover
variances, which we have said would not be approved. We suggested
a lot line change now if any changes to that house are really
expected.
What has happened is that the minimum area of Lot 1 is strung
out along the shoreline and driveway making this "area"
effectively unusable. Recause this existing house is mostly
within the 75' setback, designinq the lot lines as proposed
acts to ignor this existing hardcover encroachment while increasing
the lot area, and h,_nce, allowable hardcover for the two new lots.
For the above reasons, staff would still recommend a PRD-style
plat where each actual building env`lope is platted now, defining
for all time the actual extent of future construction and
hardcover. This is the only way actual buliding locations can
be defined and platted. The four -unit layout was turned down
because of excessive hardcover. Platting the PRD-style house
locations is the only way Council can effectively control
hardcover for the proposed threes -unit design.
Tonka Lake Properties
1340 Baldur Park Road
September 9, 1982
Page 3
Continuation of Zoning Administrator's review
b. I have received proposed house plans for Lots 2 & 3. I have
selected Lot 2 containing the largest building envelope to
demonstrate this hardcover concern.
Area of building envelope = 9,406 sf
Allowed hardcover = 2,352 sf or 25%
Proposed house 64' X 34' = 2,304 sf
Allowed hardcover for
driveway, walkway, patio,
etc. = 38 sf
Lot 3 has a building envelope of 4,600 sf. and an allowed hardcover
limit of 1,150 sf. Lot 3 will require even a greater area
variance. if Council approves a plat of three lots, then hard-
cover variances with limits must be approved for Lots 2 & 3.
Staff recommendation
To approve the three -lot plat of Tonka Lake Properties per survey dated
June 18, 1979 and to approve maximum hardcover variances of 8 over
allowed 25% for Lots 1, 2, & 3 based on the following conditions:
1. All proposed principal and accessory structures and additions
to existing principal structure on Lot I shall meet all setback
standards of the LR-lC Zoning District.
2. Connection of all lots to municipal sewer: existing house plus
two stubs by Novemver 1, 1982.
3. Payment of $225 sewer connection charges for two new sites with
building permit.
4. Payment of Park Dedication fee per current schedule: $440 X 2 =
$880.
5. Removal of existing shed/cabin on Lot 3 prior to final plat
approval and removal of existing garage on Lot 3 prior to
issuance of building permit for new home.
6. Lots 1, 2 & 3 are riparian to Lake Minnetonka. Each dock to be
located end constructed according to all City and Lake Minnetonka
Conservation District ordinances.
7. Public road platted across Lots 17 through 20 and the subject
property, 24' right of way with 18' paved surface, 7ul de sac
to be platted with 100' diameter right of way and 80' diameter
paved surface. Completion of all public road improvementd prior
to final plat approval or execution of a developer's agreement
to complete the work within one year.
Tonka Lake Properties
1340 Baldur Park Road
Septembur 9, 1982
Page 4
8. Location of existing private driveway beyond turnaround. Existing
driveway to be removed and reseeded. New driveway to be designated
as a 20' wide outlot and to serve all three lots so to minimize
hardcover.
9. Approximately 200' of riprapping to be installed along southwest
shore to protect road improvements.
10. Developer to advise City staff of property owners'(Lots 17 through 20)
decision concerning 24' right of way for extension of Baldur Park
Road.
OF THE ORONO COUN"IL, SEPTEMBE;R 13, 1982 PAGE -2-
rXRR CoxmISSION COMMENTS
L.M.C.D. REPORT
Butler mov�2d, Hurr seconded, to approve the
Minutes of the Reguldr Meeting of August 23, 1982.
Motion, Ayes (5) - Nays (0).
No comments from the Park Commission.
No comments for the Lake Minnetonka Conservation
District.
PLANNING COMMISSION COMMENTS
No comments from the Planning Commission.
PLANNERS REPORT
RESOLUTION #1412
Future Street Location
Plans In The Navarre Area
Hurr moved, Butler seconded, to adopt Resolution
#1412 regarding Future Street Location Plans In
The Navarre Area. Motion, Ayes (5) - Nays (0).
Clar M cation of Wetlands
Easements Resoultion #1413
PUBLIC COMMENTS
Butler moved, Frahn seconded, to adopt the
Resolution #1413 as amended regarding Clarifi-
cation of Wetlands Easement Lot 1, Block 1,
Fazendin Forest Addition. Motion, Ayes (5) -
Nays (0).
No comments from the Public.
�'#669 TONKA LAKE PROPERTIES
1,340 Baldur Park Road
Preliminary Subdivision
1694 THOMAS SAR ENPA
1670 Shadywood Road
Variance
Van Nest moved, Butler seconded, to conceptually
approve the 3 lot plat per plan dated June 18, 1979
and to formally recognize the applicants request
to table action on his original 4 unit PRO.
Motion, Ayes (5) - Nays (0).
zoning Administrator Mabusth reviewed for the
Council the Variance Application of Mr. Thomas
Sarenpa.
TO: Walter R. Benson, City Administrator
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: September 23, 1982
SUBJECT: Review on Breakdown of Hardcover for Lots 2 & 3
Baldur Park Peninsula
Hardcover for driveways was
based on
20' setback from private driveway
per original application #466.
Each
lot was credited with a 20, long X
20' wide driveway totaling
400 sf.
The hardcover calculations for
construction improvements on
each lot
are based on house plans submitted
by the applicant.
Lut 2
Total lot area
= 30,160
sf
Building envelope area
= 9,406
sf
Allowed hardcover
75'-250'
= 2,352
sf or 25%
Proposed hardcover
House
= 2,015
sf
Garage
= 832
sf
Deck
= 280
sf
Driveway
= 400
sf
Total
= 3,527
sf or 37%
Hardcover variance of 12%
Lot 3
Total lot area
= 41,000
sf
Building envelope area
= 4,600
sf
Allowed hardcover
75'-250'
= 1,150
sf or 25%
Proposed hardcover
House & garage
= 2,174
sf
Deck/screened porch
- 266
sf
Driveway
= 400
sf
Total
2,840
sf or 62W
Hardcover variance -x 37+
A RESOLUTION GRANTING PRELIMINARY APPROVAL
FOR THE PLAT OF BALDUR PARK PE14INSULA
WHEREAS, a subdivision application for a four -unit Planned
Residential Development was filed by Tonka Lake Properties on
January 7, 1982 of a property legally described as:
Lots 22 to 33, inclusive, Block 1, "Baldui Park", and
Lot 21 except that part thereof described as follows:
Beginning on the meander line at the Northeasterly corner
of said Lot 21; thence Northwesterly on said line a distance
of 50 feet to the Northwesterly corner of said Lot 21;
thence Southwesterly on the Northwesterly line of said Lot 21
a distance of 23 feet; thence Southeasterly to a point on the
Southeasterly line of said Lot 21, 66.5 feet Southwesterly
from Northeasterly corner; thence Northeasterly on said
Southeasterly line 66.5 feet to the point of beginning,
together with all of Nelson Lane, now vacated, and together
with that part of Isle Boulevard, now vacated, lying North-
westerly of a Southwesterly extension of the Easterly line
of said Lot 21, Block 1, "Baldur Park", according to the plat
thereof on file or of record in the office of the County
RecorJer (formerly Register of Deeds) in and for said County,
hereinafter referred to as the property; and
WHEREAS, after due published and mailed notir-e in accordance
with Minnesota Statutes 462.358 et. seq. and the City of Oruno Zoning
and Platting Codes, the Orono Planning Commission held a public hearing
on April 19, 1982, at which time, all persons desiring to be heard
concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at the regular meeting of the Orono City Council
geld on September 13, 1982, Tonka Lake Properties, hereinafter referred
to as the developer, withdrew the four -unit PRD proposal and under
that same subdivision application sought Council's preliminary approval
of a plat of three lots of the property; and
WHERFAS, the Orono Council considered the findings of staff
and the comments of P. Gary Petersen, authorized representative of the
developer, and made the followinq findings of fact:
1. The property is located within the LR-lC zoning district
requiring a minimum lot area of 21,780 sf or 0.5 acre
Lot 1 is approximately 30,000 sf or 0.68 acre
Lot 2 is approximately 30,160 sf or 0.69 acre
Lot 3 is approximately 41,000 sf or 0.94 acre
2. The total building envelope of the property is severely
restricted by the lakeshore setback standards of the
Orono Zoning Code.
3. The building envelope is also restricted by a flood
plain, area belew 931.5 el=vation, that includes more
than one-third of the area of the peninsula.
4. A principal residence with accessory improvements can
be located on both newly created Lots 2 & 3, meeting all
required setbacks of the LR-lC Zoning District.
5. The new driveway to serve all three residential units
will be constructed so to direct all surface drainage
away from the lake; the existing driveway permits
surface runoff direct to north shore of peninsula.
6. The proposed three -unit density with controlled use of
hardcover, strict adherence to all setback standards and
control of surface drainage will be environmentally more
advantageous than that of the existing residence.
7. The oxisting house on Lot 1 is the only house on Baldur
Park not yet connected to municipal sewer.
B. The developer has assured the Council that the existing
residence on Lot 1 will be connected to sewer by
Novenwei 1, 1982.
9. The hazardous structure on Lot 3 will be removed prior
to final plat approval.
10. The proposed three -unit plat is more consistent with the
existing pattern of development of the Baldur Park
neighborhood.
11. The plat and required upgrading of Baldur Park Road will
improve and assure the health, safety and welfare of the
immediate neighborhood and general public.
12. The proposed plat and required improvements will result
in the enhancing of the property ✓alues of all surrounding
neighborhood properties.
NOW, THEREFORE, BE IT RESOLVED that based upon either one
or more of the findings noted above, the City Council of the City of
Orono hereby approves the preliminary plat of Baldur Park Peninsula
per survey dated June 18, 1979, subject to the following conditions:
1. All lots to be connected to sewer; existing house must
be connected by November 1, 1982 per irrevocable letter
of credit No. A-12527-K.
2. One driveway from public road to serve all three residential
lots.
3. Removal of existing garage on Lot 3 prior to final plat
approval. Removal of Existing garage on Lot 3 prior to
or as a requirement of issuance of building permit for new
house on Lot 3.
4. All lots are riparian to Lake Minnetonka and shall have
docks located according to all City and Lake Minnetonka
Conservation District ordinances.
5. Extension of existing Baldur Park Road to new turnaround
by means of plat extension; includes paving of road and
turnaround and approximately 200 feet of riprap shoreline/
road shoulder protection.
6. The Council has agreed to grant hardcover variances for
Lots 2 & 3 as follows:
a) Lot 2 shall be limited to 12 ti hardcover variance
b) Lot 3 shall be limited to 37 hardcover variance
As for Lot 1, the developer is advised that there may be
no additional use of hardcover within the 75'-250' setback
area unless there is an equal or gieate-- reduction in the
existing hardcover within the 0-75' setback area.
The following improvements are required:
1. Extension of Baldur ParK Road paved 18' wide to match
existing surface to terminate at circular turnaround
40' radius paved surface, 50' radius right of way.
Engineering plans for road and any drainage work must be
approved by the staff and City engineer prior to the
start of wor'c. All work must be completed prior to
final plat approval, oz a developer's agreement must
be signed with acceptable form of financial security
to assure completion.
2. Riprapping of shoreline along Baldur Park Road extension
per DNR-MCWD specifications. City permit will be granted
upon approval of plans with no fee required. MCWD permit
required.
3. Relocation of existing private driveway beyond turnaround.
Existing driveway to be removed and reseeded. Locate to
save existing trees.
The following list of Tina, submittals must be submitted
within the first week of the month to assure required action
by the Planning Commission at their regularly scheduled meeting
on the third Monday of the month.
1. Record plat drawings in the form of two (2) mylar copies
and nne (1) copy reduced to 1" = 2001.
Drawings to include:
a) Lot lines platted per preliminary survey dated
June 18, 1973.
b) Extend plat to include 24' minimum right of way for
Baldur Park Road along Lots 17-20 inclusive.
c) Plat turnaround at 50' radius as shown on survey
(although do not leave private exceptions as rear
part of Lot 21)v
d) Plat new driveway as a 20' wide outlot
c) Dedicate turnaround and 24' right of way as Baldur
Park Road.
f) Dedicate drainage and utility easements:
1) 5' each side of lot lines between lots
2) 10' -ach side of driveway outlot and around
cul de sac circle
3) minimum 20' wide alonq route of proposed sewer
(which may alter size of driveway utility easement
above)
g) Dedicate public waters below contour 929.4 MSL
as "Lake Minnetonka''
2. Legal documents required:
l) Title opinion addressed to the City. All owners,
mortgage holders or others with property interest
ind?cited therein shall sign the plat and all other
documu.its affected by said interest.
b) Private driveway easements and maintenance covenants.
c) Owners and others with property interest on Lots 17-20
affected by Baldur Park Road extension must also
sign plats.
3. Fees to be paid. Total due: $980.00
a) Park dedication fees per current schedule, two new
lots (acreage 0.85 acre/lot) 2 X $440 = $880.00
b) Legal review and filing fee @ ;i00.00
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held September 27, 1982.
William B. Van ".�st, Mayor
Attest:_ _
Alberta M. Sttam, City Clerk
rw
SPECIFICATIONS
FOR THr"
UTILITY
IMPROVEMENTS
wo FOR
BALDUR PARK
PENINSULA
R
mi GORDON R. COFFIN CO., iNC.
as LONG LAKE, MINNESOTA
..
TITLE PAGE
Section 0001
SPECIFICATIONS FOR THE
UTILITY IMPROVEMENTS
BALDUR PARK PENINSULA
ORONO, MINNESOTA
Gordon R. Ccffin, Co., Inc.
3025 Watertown Road
Long Lake, Minnesota
Commissicr No. 82-97
September 27, 1982
I hereby certify that this plan,
specification, or report was pre-
pared by me or under my direct
supervision and that I d,ly
Registered Engineer under the
laws of the State of Minnesota.
10,
Mark ',. Gronberg Reg.
Section 0010 TABLE OF CONTENTS
Section Title Number of Pages
PROJECT IDENTIFICATION
0001
Tile Page
1
0010
Tay e of Contents
1
BIDDING REQUIREMENTS AND FORMS
0030
Invitation for Bids
1
0035
Instruction to Bidders
9
0040
Proposal Form
3
CONDITIONS
FOR THE CONTRACT
0080
General Conditions
1
1910-8
General Conditions of the Contract for
Construction, NSPE Document 1910-8
27
0090
Supplemental General Conditions
2
The General Conditions, Supplemental
General Condicions, and Special Conditions
apply to the work of all sections as fully
as if typed therein in the Article GENERAL
for each section.
TECHNICAL
SPECIFICATIONS
DIVISION 1
- GENERAL REQUIREMENTS
0101
Special Conditions
1
DIVISION 2
- -.lL WORK
0256
Sanitary Sewer
10
Standard Plates
2
ft-
'e.
Section 0030 Invitation for Bids Page 1 of 1
BALDOUR PARK PENINSULA UTILITY IMPROVEMENTS
Gary Peterson invites qualified bidders to submit unit price bads for
furrishing the necessary labor, materials, and equipment for construction
of approximately:
500 Lineal Feet 8" Sanitary Sewer
along with manholes, service lines, and
appurtenances.
Bids will be received for a single Prime Contract for all work under the
Contract Documents. Contractor's bids for this project shall be based upon
the plans and specifications prepared by Gordon R. Coffin Co., Inc.,
. 3025 Watertown Road, Long Lake, Minnesota 55356, and the Contract ^-cuments.
Contractor's sealed bids will be received by Gary Peterson and privately
opened.
The deadline for submitting bids is 2:00 P.M., C.D.S.T., on
ow 1982, although the Owner reserves the right to extend the time in which to
receive bids with or without notice to Bidders or prospective Bidders.
p-
Envelopes containing bids must be sealed, must be marked "PROPOSALS" on the
`� upper left hand corner, mus. include the name and address of the bidder- and
be addressed to:
r•
Gary Peterson
2811 Westwood Road
Minnetonka Beach, MN 55361
Each bidder must accor*pany his proposal with a Cashier's Check, Bid Bead, or
Certified Check equal to 5' of the amount of the Proposal and made payable
.r
to Gary Peterson, the Owner, as a yuarantee of prompt execution of the
�-
Contract in accordance with the Proposal and Contract Documents, and as a
guarantee that he will furnish bond acceptable to the Owner covering per-
formance of the Contract.
Copies of the plans, specifications, and other Contract Documents are on
f',e in the office of Gordon R. Coffin, and are available for public in-
spection. Prime Contractors may obtain a set of the documents, upon deposit
•-
of $15.00, which will be refunded to all bona fide bidders upon return of
the documents in good condition within ten (10) days after receipt of bids.
Bids may not be withdrawn within sixty (60) days after the scheduled closing
time for receiving bids. Gary Peterson reserves the right to reject any or
all bids and to waive any irregularities in bids.
.r+
Section 0035 INSTRUCTION TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract, NSPE-ACEC Document 1910-8, CSI
56465 (1978 editions) have the meanings assigned to them in the General Conditions.
The term "Successful Bidder" means the lowest, qualified, responsible Bidder to
whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
award.
2. Copies of Bidding Documents.
2.1 Complete sets of the Bidding Documents in the number and for the deposit
sum, if any, stated in the Advertisement or Invitation may be obtained from
Engineer (unless another issuing office is designated in the Advertisement or
Invitation to Bid). The deposit will be refunded to Bidders who submit a bona
fide Bid and return the Documents in good condition within ten days after
opening of Bids.
%" 2.2 Complete sets of Bidding Documents shall be used in preparing Bids;
neither Owner nor Engineer assume any responsibility for errors or misinterpreta-
tions resulting from the use of incomplete sets of Bidding Documents.
ti 2.3 Owner and Engineer in making copies of Bidding Documents available
M cn the above terms do so only for the purpose of obtaining Bids on the Work
and do not confer a license or grant for any other use.
Y. .
3. Qualifications of Bidders.
3.1 The Owner reserves the right to consider the competency and responsibility
of a Bidder ii. making an award. This consideration may include, but is not
No limited to, (i) pToof of financial responsibility, (ii) quality of similar work,
(iii) Amount of experience with similar projects, (iv) facilities, personnel and
oft equipment, (v) reputation for performance, including service after substantial
bw completion, (vi) capability to complete the work on time, and (vii) integrity of
the Bidder.
F. 3.2 The Owner reserves the right to make any investigations necessary to
M satisfy itself that the Bidder is properly qualified to perform the Work. To
demonstrate qualifications to perform the Work, ea_h Bidder must be prepared tc
►' submit within five (5) days of Owner's request written evidence of financial
• responsibility, ;previous experience, facilities, personnel and equipment, and
evidence of authority to conduct business in the jurisdiction where the Project
is located. Each Bid must contain evidence -)f Bidder's qualification to do
business in the state where the Project is located, or covenant to obtain :,uch
qualification prior to award of the contract.
r
3.3 The Owner reserves the right to reject any Bid if the evidence
submitted by, or investigation, of such Bidder fails to satisfy the Owner that
such Bidder is properly qualified to carry out the obligations of the contract,
and to complete the work contemplated therein.
4. Examination of Contract Jocuments and Site.
4.1 Before submitting i Bid, each Bidder must (a) examine the Contract
Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in a,,y manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances,
s rules and regulations that may in any manner affect cost, progress or )erformance
of the Work; and (d) study and carefully correlate Bidder's observations witn the
Contract Documents.
to 4.2 Reference is made to the Supplementary Conditions for the identification
of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performnce of
the Work which have been relied upon by Engineer in preparing the Drawings and
Specifications. Owi�ei will make copies of such reports available to any Bidder
requesting them. These reports are not guaranteed as to accuracy or completeness,
nor are they part of the Contract Documents. Before submitting his Bid, each
Bidder will, at his own expense, make such additional investigations and tests
as the Bidder may deem necessary to determine his Bid for performance of the
Work in accordance with the time, price and other terms and conditions of the
Contract Documents.
4.3 On request Owner will provide each Bidder access to the site to conduct
such investigations and tests as each Bidder deems necessary for submission of
his Bid.
4.4 The lands upon which the Work is to be perfoined, rights -of -way for
access thereto and other lands designated for use by Contractor in performing
the Work are identified in the Supplementary Conditions, General Requirements
or Drawings.
4.5 The submission of a Bid will constitut, an incontrovertible representa-
tion by the Bidder that he has complied with every requirement of this Article 4
and that the Contract Documents are sufficient in scope and detail to indicate
and convey understanding of all terms and conditions for performance of the Work.
5. Interpretations.
All questions about the meaning or intent of the Contract Documents shall be
r submitted to Engineer in writing. Replies will be issued by Addenda mailed or
delivered to all pa -ties recorded by Engineer as having received the Bidding
(� Documents. Questions received less than ten days prior to the date for opening
of Bids will not be answered. Only questions answered by firmal written Addeuda
will be binding. Oral and other interpretations or clarifications will be
without legal effect.
n
1,
6. Bid Security.
6.1 Form of Security. Bid shall be accompanied by a Bid Security in
accordance with these requirements. The Bid Security shall be pledge that the
Bidder will enter into a contract with the Owner on the terms stated on his
Bid, in accordance with the Contract Documents, and will furnish the required
1 Performance Bond.
6.2 The Bid Security shall be in the form of a certified or cashier's
check or a Bid Bond issued by a Surety meeting the requirements of paragraph 5.1
of the General Conditions. The Bid Security shall be made payable to the Owner.
6.3 Bid Bonds shall be duly executed by the Bidder as principal, issued by
a corporate surety company authorized to do business in the State of *Minnesota,
with a current copy of Power of Attorney of the Attorney -In -Fact who executes
the Bond on behalf of the surety attached, as well as proper acknowledgements.
# The Power of Attorney shall be dated the same date as the Bid.
6.4 The amount of the Bid Security shall be five percent
(5%) of the Bidder's
maximum Bid price.
6.5 Retention of Bid Security. The Owner shall have the
right to retain
the Bid Security of Bidders until: (a) The contract has been
executed and the
required Bonds have been furnished, or (b) The specified time
has elapsed so
that the bids may ba withdrawn, or (c) All Bids have been rejected. Thereafter,
Bid Security in the form of checks will be returned to Bidders
and Bid Bonds
returned upon request of the Bidder.
6.6 Forfeiture of Bid Security. Should the Bidder be awarded a Contract
and fail or refuse to execute and deliver the Contract and Performance Bonds
required within fifteen (15) days after he has received notice
.3f the acceptance
of his Bid, he shall forfeit to the Owner, as liquidated damages for such failure
0
or refusal, the security deposited with his Bid. In the event
the rontr.ct has
not been prepared for signature within fifteen (15) days after
notice of award,
the Bidders snall have three (3) days after it is prepared and
offered to execute
the Contract and provide the Performance Bond.
7. Contract Time.
The number of days within which, or the date by which, the Work is to be
completel (the Contract Time) is set forth in the Bid Form and will be included
in the Agreement.
H. Liquidated Damages.
r
Provisions for liquidated damages, if any, are set forth in the Agreement.
71
wo
a., - 3 -
11. Bid Form.
11.1 The Bid Form is attached hereto; additional copies may be obtained
from Engineer.
11.2 Bid Forms must be completed in ink or by typewriter. The Bid price
of each item on the form must be stated in words and numerals; in case of a
conflict, words will take precedence.
11.3 Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other corporate officer accompanied by
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation shall be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the
official address of the partnership must be shown below the signature.
' 11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which shall be filled in on the Bid Form).
11.7 The address to which communications regarding the Bid are to be
directed must be shown.
12. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Invitation to Bid
and shall be included in an opaque sealed envelope, marked with the Project title
and name and address if the Bidder and accompanied by the Bid Security and other
�+ required documents. If the Bid is sent through the mail or other delivery system
the sealed envelope shall be enclosed in a separate envelope with the notation
"BID ENCLOSED" on the face thereof.
V
13. Modification and Withdrawal of Bids.
13.1 Bids may be modified or withdrawn by an appropriate document duly
... executed (in the manner that a Bid must be executed) and delivered `o the place
where Bids are to be submitted at any time prior to the opening Bids.
13.2 If, within twenty-four hours after Bids are opened, any Bidder files
a duly signed written notice with Owner and promptly thereafter demonstrates
to the reAsonable satisfaction of Owner that there was a material ind substantial
mistake in the preparation of his Bid, that Bidder may withdraw his Bid mid the
�" Bid Security will be returned. Thereafter, that Bidder will be disqual0l ed
from further bidding on the Work.
16M
14. Opening of Bids.
1- (Cross out inapplicable word) Bids will be opened (publicly) (p+es►).
14.1 When Bids are opened publicly they will read aloud, and an abstract of
the amounts of the base Bids and major alternates (if any) will be made available
after the opening of Bids.
14.2 When Bids are opened privately, an abstract of the same information
will (not) be made available to Bidders within seven days after the date of
Bid opening.
15. Bids to Remain Open.
.. All Bids shall remain open for sixty days after the day of the Bid opening, but
Owner may, in his sole discretion, release any Bid and return the Bid Security
prior to that date.
16. Award of Contract.
•
16.1 Owner reserves
the right to reject any and all
Bids, to waive any and
•� all informalities and
to negotiate contract terms with the
Successful Bidder, and
the right to disregard
all nonconforming, nonresponsive or
conditional Bids.
.1
Discrepancies between
words and figures will be resolved
in favor of words.
Discrepancies between
the indicated sum of any column of
figures and the correct
sum thereof will be resolved
in favor of the correct sum.
+si
16.2 In evaluating Bids, Owner shall consider the qualifications of the
'as Bidders, whether or not the Bids comply with the prescribed requirements, and
alternates and unit prices if requested in the Bid forms. It is Owner's intent
to accept alternates (if any are accepted) in the order in which they are listed
in the Bid form but Owner may accept them in any order or combination.
++ 16.3 Owner may consider the qualifications and experience of Subcontractors
and other persons and organizations (including those who Are to furnish the
principal items of material or equipment) proposed for those portions of the Work
as to which the identity of Subcontractors and other persons and organizations
must be submitted as provided in the Supplementary Conditions. Operating costs,
maintenance considerations, performance data and guarantees of materials and
equipment may also be considered by Owner.
16.4 Owner may conduct such investigations as he deems necessary to assist
in the evaluation of any B:d and to establish the responsibility, qualifications
r ani financial ability of the Bidders, proposed Subcontrctors and other persons
and organizatins to do the Work in accordance with the Contract Documents to
Owner's satisfction within the prescribed time.
-6-
1
16.5 Owner reserves the right to reject the Bid of any Bidder who does
not pass any such evaluation to Owner's satisfaction.
16.6 If the contract is to be awarded it will be awarded to the lowest
Bidder whose evaluation by Owner indicates to Owner that the award will be in
the best interests of the Project.
16.7 If the contract is to be awarded, Owner will give the Successful
Bidder a Notice of Award within sixty days after the day of the Bid opening.
17. Performance and Other Bonds.
Paragraph 5.1 of the General Conditions and the Supplementary Conditions set
forth Owner's requirements as to performnce and other Bonds. When the Successful
Bidder delivers the executed Agreement to Owner it shall be accompanied by the
required Contract Security.
18. Signing of Agreement.
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by at least three unsigned counterparts of the Agreement and all other Contract
Documents. Within fifteen days thereafter Contractor shall sign and deliver at
least three counterparts of the Agreement to Owner with all other Contract
Documents attached. Within ten days thereafter Owner will deliver all fully signed
counterparts to Contractor. Engineer will identify those portions of the Contract
Documents not fully signed by Owner and Contractor and such identification shall
rbe binding on all parties.
19. Applicable Laws.
The Contract Documents and the construction hereby contemplated, are to be
governed at all times by applicable laws, rules and ordinances of the Federal
Government, the State of !Minnesota, and its municipalities, or other authorities
having jurisdiction over the Project. These laws, rules and ordinances include,
but are not limited to, the current provisions of the following:
1. Williams -Steiger Occupational Safety 6 Health
Act of 1970, Public Law
91-596; Part 1910 - Occupational Safety 6 Health
Standards,
Chapter XVII
of Title 29, Code of Federal Regulations; Part
1926, Safety
and Health
Regulations for Construction, Chapter XVII of
Regulations.
Title 29, Code
of Federal
2. Minnesota Occupational Safety b Health Act of
1973; Rules and
Regulations
of Department of Labor and Industry; Minnesota
Occupational
Safety b
Health Codes.
3. Minnesota State Board of Health Regulations.
■MQ
20. Nondiscrimination.
20.1 It is the policy of the Owner to promote equal opportunity of employment,
without discrimination based on race, religion, color, sex or national origin.
20.2 During the performance of this contract, Bidder (and Contractor) agree
as follows:
t 1. The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
14 regard to their race, color, religion, sex or natural origin. Such
action snall include, but not be limited to the following: employment,
upgraGing, demotion, or transfer, recruitment or recruitment advertising;
K layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees
., to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
2.
The Contractor will, in all solicitations or advertisements for employees
!�
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
44
race, color, religion, sex or natural origin.
3.
The Contractor wil' send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be g, provided by t„e agency
.N
contracting officer, advising the labor union of workers' representative
of the Contractor's commitment to the principle of equal employment
m
opportunity, and shall post copies of the notice in conspicuous ?laces
available to employees and applicants for employment.
4.
The Contractor will include the provisions of Paragraphs (1) through
(3) in every subcontract or purchase order, so that such provisions
^r
will be binding upon each subcontractor or yendor.
5.
The Contract may be cancelled or terminated by the Owner and all money
due or to become due under the Contract may be forfeited for a second
..
or subsequent violation of the terms or conditions of this section.
aw
21. Commencement and Completion of the Work.
21.1 Commencement of Work.
be 21.1.1. By submitting a Bid, and execution of the Agreement, the Bidder
(and Contractor) agrees to commence work in accordance with the General Conditions
Lof the Contract, or as otherwise specified in the specifications.
-8-
P
_ 21.2 Completion of Work.
21.2.i. By submitting a Bid, and Pxecution of the Agreement, the Bidder
(and Contractor) express'.y agree3 the time (:v times for various phases) for
completion is reasonable, considering all factors. The Bidder (and Contractor)
further represents he has; analyzed the Project, including the Pquipment, materials
and methods; considered his own capabilities and work load; determinL-d availability
of qualified mechanics and unskilled labor; considered the time of year for
commencement of work, made a reasonable allowance for weather variations and other
potential delays encountered in the construction process; the condition of the
site; considered the constraints specified; evaluated the effects of other
contractors who may be on the site; and has taken these and other relevant
factors bearing on the progress of the work into account.
21.2.3. Each Bidder is required to fill in his date of full completion of
all work on this Project.
21.2.4. The Work shall be completed on or before /G,/rM �f' 15 /±22,
unless otherwise agreed in writing by Owner and Bidder (Contractor) ir. accordance
with Article 12 of the General Conditions. In the event that Bidder (Contractor)
fails to camplete the projict within the time period specified, Owner shall have
the right to pursue arbitration in accordance with the provisions of Article 16
i
of the General Conditions, and Bids'>r (Contractor) shall be responsible to
Owner for the reasonable cost of pursuing arbitration proceedings, including
reasonable attorneys fees.
y _ j
Section 0040 PROPOSAL FORM Page 1 ;,r 3
TO: Gary Peterson
DATE:
( 1 )
(2)
Bid of _
(Firm name - hereinafter referred to as the "Bidder'
The Bidder. in compliance with the Invitation for Bic.s, hereby
submits the following Bid for construction orork on the Project
identified as:
Utility Improvements
of Baldur Park Penninsula
Orono, Minnesota
(3) The Bidder agrees to accomplish the work in strict compliance
with the Contract Documents dated
(4) The Bidder, having examined the drawings, specifications and
Contract Documents prepared by Gordon R. Coffin Co., Inc.,
having visited and examired the site of the proposed work, being
familiar with Federal, State and Local laws, ordinances, rules
and regulations that may in any manner affect cost, progress or
performance of the work, and being familiar with all of the con-
ditions surrounding the work and affecting the cost of the pro-
po.,eJ project, including the availability of materials and labor,
herby proposes to furnish all labor, materials, equipment, tools,
transportation, services, and supplies, and to accompllsh the
work for which this Bid is submitted, in accordance with the
:entract Documents, within the time set forth therein, and at the
price stated below. This price is to cover 311 - penses incurred
in performing the work required under the Cont Documents, of
which this Bid is a part.
(5) Bidder agrees to perform all of the construction work on this
Project according to the following prices:
PART A - SANITARY SEWER
n0. ITEM Q',ANTITY UNIT BID TOTAL
A-1 8" P.V.C. O` - 8' deep 425 L.F.
A-2 8" P.V.C. 8' - 10' deep 10 L.F.
A-3 8" P.V.C.. 10' - 12' deep 15 L.F. S _L.F. $
A-4 8" P.V.C. 12' - 14' deep 20 L.F. S L.F. S
A-5 8" P.V.C. 14' - 16' deep 30 L.F. $ L.F. S
i
IPage
2 3
of
rum
NO. ITEM JUANTITY UNIT BID TOTAL
A-6 Std. manhole, 4' dia., 0-8' deep
rith casting in place 4 Each S Each $
A-7 Extra ma, Depth grr,rer
than 8' 7 L.F. $ L.F. b
A-8 8" x 4" 12 Each S Each $
A-9 4" C.I.S.P. 100 L.F. S L.F. $
A-;0 Binder rock stabil
be',w pipe (if neces_ 350 Tons $ Tons $
r'
TOTAL PART A
'1 shall be establis',pd according to the a ove
..j unit prices. However, the final contract amount
�-
termined from multiplying the actual quantities -in-
a, the above unit prices.
�. {d,-Ma. '°,;e Bidder hereby acknowledges that Addendum instruc-
!nn� numbered n,�ve bey-i received and/or the requirements
thriein have been �incorporated in this Bid.
r..
(8) The Bidder agrees, if awarded the Contract, to execute and deliver
t- the Owner an Agreement in the form specified, together with
satisfactory Perforynance and Pavment Bonds written on the form
specified by a :orporate surety acceptable to the Owner, within
fifteen (15) calendar days after written notif cation of said
award.
!9) Holding of 9ids: The undersigned agrees that t W bid may not be
withdrawn for a period cf sixt3 '40) calendar days immediately
following the date of receipt of ids.
(10) Conclu:tci of work: The bidder heresy agrees to _,mmence work
�-
uncer this Contract c - before the tinstipulated in the
written "Notice to Pr% d," in accordance with the General on-
diticns, and to complett all .cork ender this Contract on or
before:
(11) Bid Security: The 3idder submits the attached aid Security !n
f-.
the forty of a ",,rtified Check, Cashier's Check, or Bid �-nd. in
-�
accordanco with the instructions to bidders, drawn to the or&
of The Bidder acknowledges the Bill of
_
ecurTty mamay be retained by the Owner as specified in the
3upplemental instructions to Bidders and agrees if the Bidder
,.,
defi•j'ts in executing the Contrar't withi,the time set forth, o~
in f►—n: '•inq too '-rFor ice bond as spe;if she check w!11
becva . ' ' e •roper•., ^` the Owner (or the Sure•., stay tn••
"'
Own' Tne amour.' . , as 1't+fod damay the de's
and od:`ifional expense Lo the ''4M-1 ca°.sed the,,toy.
wr
Page 3 of 3
(12) In submitting this proposal, it is and !od that the Owner reserves
the right to reject any or all bids, tc Apt any alternate(s) in
any order or combination, and to waive any informalities or irregu-
larities in the proposals.
(13) Intormation about Bidder:
The undersigned operates as a:
-,ole Owner
Partnership: full names of partners:
Corporation, Incorporated in the
State of
(14) Respectfully submit*ed:
Legal name of person, firm or corps ,n
Name
Address
By Title
By Title
(Affix corrorate seal if bid is by a corporation)
Date
Section 0080 GF.?1&3AL CONDITIONS
1. rat:e:EAL C014DITICNS
The current edition of the Standard General Conditions of
the Construction Contract, NSPS Document 1910-8, shall be
incorporated into and made a part o. Elie Contract as General
Conditions theraof, except as modifi:: in the Supplemental
General Conditions or the Special Conditions contained herein.
2. SUPPLEMENTAL GENERAL CONDITIONS
Certain articles of the NSPE General Conditions are revised
by, or are replaced by, requirements of the enclosed Supple-
mental General Conditions; such revisions or replacements
shall take precedence over the NSPE General Conditions.
C
i L
K PW
OR
1 M+
an
we
This document has important legal consequences; consultation with an attorney is encouraged with
respect to its completion or modification.
STANDARD
GENERAL CONDITIONS
OF THE
r
_. CONSTRUCTION CONTRACT
F
N.
• y,unurgti ,,MO ce
' �t7 • A
• s
�i event,
Jointly Issued by
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
and by
AMERICAN CONSULTING ENGINEERS COUNCIL
and by
CONSTRUCTION SPECIFICATIONS INSTITUTE
1978 National Society of Professional Engineers
2029 K Street, N.W.. Washington. D.0 20006
American Consulting Engineers Council
1153 I5th Street. N W , Washington, D.C. 20005
Construction Specifications (nsttnue
1I50 17th Street. N.W., Wash.ngton. D.C. ')036
These General Conditions hare been prepared for use with the Owner-C intractor Agreements (NSPE•
ACE-C Document 1910-8-A-1 or 1910-8-A-2: CSI 56467, 56468. 1978 editions). Their provisions are interre-
lated and a change in one may necessitate a change in the others. Comments concerning their usage are ct%rt-
tained to the Commentary to the Documents. NSPE•ACEC Iy10-9, 19'S edition.
1410- e
vSPE at.'EC 1 I9'M Edltw"'k
cot
ueprweS. 3•'B :Z.J1
TABLE OF CONTENTS OF GENERAL CONDITIONS
Arucle
,Vumber
Title
Page
DEFINITIONS .. ..................... .. .. ..
3
PRELIMINARY MATTERS ......
9
3
CONTRACT DOCUMENTS:
INTENT AND REUSE ............ .............
10
a
AVAILABILITY OF LANDS: PHYSICAL CONDITIONS,
REFERENCE POINTS.......... ..
10
S
BONDS AND INSURANCE ....... ..
11
6
CONTRACTOR'S RESPONSIBILITIES...
12
7
WORK BY OTHERS ... ............ .........
16
8
OWNER'S RESPONSIBILITIES .... ........ .....
17
9
ENGINEER'S STATUS DURING CONSTRUCTION.
17
10
CHANGES IN THE WORK. .... .......
18
I I
CHANGE OF CONTRACT PRICE . .. ..... ......
18
12
CHANGE OF THE CONTRACT TIME.
21
13
WARRANTY AND GUARANTEE. TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIN E WORK
21
14
PAYMENTS TO CONTRACTOR AND COMPLETION
::
I!
SUSPENSION OF WORK AND TERMINATION
23
16
ARBITRA TION
26
I
%IISCELLANEOLS
:'
INDEX TO GENERAL CONDITIONS
Article or Paragraph
,(umber
1kcceptance of Insurance
5.13
Access to the Work
13.2
Addenda —definition of (see definition of Specifications)
I
Agreement —definition of
I
All Risk Insurance
5.6
Application for Payment —definition of
I
Application for Payment. Final
14.12
Application for Progress Payment
14.2
Application for Progress Payment —review of
14.4 thru 14.7
Arbitration
16
Availability of Lands
4.1
Award —Notice of —defined
I
Before Starting Construction 2.5 thru 2.7
Bid —definition of 1
Bonds and Insurance —in general 5
Bonds —definition of I
Bonds, Delivery of 2. I , 5.1
Bonds, Performance and Other S.I. 5 2
Cash Allowances
1 110
Change Order —Definition of
I
Changes in the Work
10
Claims, Waiver of —on Final Payment
14.16
Clarifications and Interpretations
9.3
Cleaning
6.17
Completion
14
Completion, Substantial
14.8. Ia.9
Conference —Pre -Construction
2. q
Construction Machinery, Equipment. etc
6.4
Continuing Work
6.19
Contrac: Documents —definition of
I
Contract Dc •,iments—intent and reuse
3
Contract Dr 4ments—reuse of
3 5
Contract Price. Change of
I 1
Contract Price —definition
I
Contract Time. Change of
12
Contract Time —Commencement of
3
Contract Time —definition of
t
Contractor —definition of
I
Contractor May Stop Work or Terminate
15
Contractor's Continuing Obligation
14
Contractor's Duty to Report Discrepanc% ir. noriiments
Contractor's Fee —Costs Plus
t I e
Contractor's Liability Insurance
Contracto i Responsibilities —in general
Contractor's Warrentv it Tide
14 3
Contrac sal liability Insurance
4
C otxes of Documents
Correction or Removal of Defective %or1
I I i
Correction PeriuJ, One Year
13 I:
Correction. Removal vr 4 ,eplatKe o1 1letecti%e A m ik in ietieral
: 3 I I chru 11 14
Coat of Work
I 1 A. I;
Cutita. Supplem-nil
I 1 4 5
s
I
Day -definition of
I
Defective Work. Acceptance of
13.13
Defective Work, Correction or Removal of
13.11
Defective -definition of
I
Defective work-in general
13
Detective Work, Rejecting
9.4
Definitions
I
Delivery of Bonds
2.1
Disagreements, Decisions by Engineer
9.9, 9.10
Documents. Copies of
2.2
Documents. Record
6.19
'
Documents. Reuse
3.5
Drawings -definition of
I
Effective date of Agreement -definition of
I
Emergencies
6.22
Engineer-defintion of
I
Engineer's -Notice Work is Acceptable
14.3
Engineer's Responsibilities, Limitations on
9.11 thru 9.14
Engineer's Status During Construction -in general
9
Engineer's -Recommendation of Payment
14.4, 14.13
Equipment, Labor, Materials &l►d
6.3 thru 6.6
'
Equivalent Materials and Equipment
6.'
Fee, Contractor's -Costs Plus
11.6
Field Order -definition of
I
Field Order -issued by Engineer
10.2
Final Application for Payment
14.12
Final Inspection
14.11
Final Payment, Recommendation of
14.13, 14.14
Final Payment and Acceptance
14.13
General Requirements -definition of
I
General Provisions
11.3. 17.4
Giving Notice
17.1
Guarantee of Work -by Contractor
13.1
Indemnification
6.30 thru 6.32
Inspection, Final
14.11
Inspection, Tests and
13.3 thru 0.'
Insurance, Bonds and -in general
3
'
insurance-Ce tificates of
21 and 3
Insurance, Contractor's Liability
'.3
Insurance, Contractual Liabiht>
3 4
Insurance, Owner's Liability
5.5
Insurance, Property
3 o thry ! 12
Intent of Contract Documents
3 1 thru 3.4, 9 12
Interpretations and Clarifications
9.3
Invesugauons of Physical Crndmons
♦ 2
Labor. Materials and Equipment
6 3 thru 6 6
Laws and Regulations
6.14
Liability Insurance -Contractors
! 3
Liabilty Insurance -Owners
Limitations •?n Engineer's Responsibilities
9 I
'
Materials and Equipment -furnished by Contractor
6 3
Materials or Equipment -Equivalent
6
Miscellaneous Provision%
I'
Modification--lefimuon of
S
Notice, Giving of
1'.1
Notice of Award -definition of
I
Notice of Ac.eptability of Project
14.13
Notice to Proceed -definition of
I
Notice to Proceed -giving of
2.3
"Or -Equal" items
6.7
'
Other Contractors
Overtime Work -prohibition of
6.3
Owner -definition of
I
Owner May Correct Defective Work
13.14
Owner %lay Stop Work
13.10
Owner May Suspend Work, Terminate
15.1 thru 15.4
Owner's Duty to Execute Change Orders
11.8
Owner's Liability Insurance
5.5
Owner's Representative -Engineer to ,,erve as
9.1
_
Owner's Responsibilities -in general
8
Owner's Separate Representative at Site
9.8
Partial Utilization
14.10
r
Partial' rtilization-Property Insurance
5.14
Datent t ees and Royalties
6.12
Payments to Contractor -in general
14
Payments, Recommendation of
14.4 thru 14.'.5
Pre -construction Conference
2.8
w
Performance, and other Bonds
5.1 thru 5.2
Permits
6 13
,.
Physical Conditions -Investigations and Report~
4.2
Physical Conditions, Unforeseen
4.3
Preconstruction Conference
2.9
Preliminary !Matters
2
rw
Premises. Use of
6.16. 6.17. 6.18
Price -Change of Contract
I I
Price -Contract -definition of
I
Progress Payment. Appucations for
14.2
Progress Schedule
2.6, 14.1
fir
Project -definition of
I
Project Representative, Resident -definition of
1
Project Representation -Provision for
9.8
Project, Starting
2.4
tall
Property Insurance
3.6 thru 5 12
Property Insurance -Receipt and Application of Proceeds
5 11, 5.12
Property Insurance -Partial l'nlization
14
Protection, Safety and
6.20 thru 6.21
Recommendation of P3sment
14.4. 14.13
Record Documents
6 19
y
Reference Points
4 4
Regulations, Laws and
6 14
Rejecting Defective Work
94
Remedie Noi Exclusive
1' S
ari
Removal or Correction of Defective R of
13 1 1
Resident Project Representative -definition of
I
Resident Project Representative -provision for
9 8
Res,onsibilities, Cor actor',
6
Responsibilities. Ow iw's
8
Reum )f Documents
j
Rovamij,. Patent Fees and
6
r
h
r
I
Safety and Protection
' 20 thru 6.21
Samples
6.23
C
Schedule of Shop Drawing Submissions
2.6. 14.1
Schedule of Values
2.6. 14.1
'
Shop Drawings and Samples
6.23 thru 6.29
Shop Drawings --definition of
1
Site. Visits to -by Engineer
9.2
Specifications -definition of
Starting Construction, Before
2.: hru 2.9
Starting the Project
2.4
Stopping Work -by Contractor
15.5
Stopping Work -by Owner
13.10
Subcontractor -definition of
1
Subcontractors -in general
6.8 thru 6.11
Substantial Completion -certification of
14.8
Substantial Completion -definition of
I
Subsurface Conditions
4.2, 4.3
Supplemental Costs
11.4.5
Surety -consent to payment
14.12, 14.:4
•
Surety -notice of changes
10.5
Surety -qualification of
+
Suspending Work, by Owner
13.1
Fuspension of Work and Termination -in gen, at
15
Superintendent -Contractor's
6.2
Supervision and Superintendence
6.1.6.2
Taxes -Payment by Contractor
6.15
Termination -by Contractor
15.5
Tem.nation-oy Owner
15.2 thru 15.4
Termination, Suspension of Worm and -in general
IS
'r
Testa and Inspections
13.3 thru 13.7
Time, Change of Contract
12
4q
Time, Computation of
1-7
i
Time, Contract -definition of
1
r
Uncovering Work
13.8. 13.9
Unit Prices
11.3.1
V
Unit Prices -Adjustment of
11.9
Use of Premises
6.16. 6.17. 6.19
Values, Schedule of
14.1
am
Visits to Site -by Engineer
9.2
Waiver of Claims -on Final Payment
14.16
Waiver of Rights by Insured Parties
5.10
r
Warranty and Guarantee -by Contractor
13.1
Warranty of Title. Cont;actc 's
14.3
"
Work. Access to
13.2
Work by Others -in general
Work, Cost of
1 1 .a. 11
Work Continuing During Disputes
6.29
Work -defintion of
I
..i
Work, Neglected by Contractor
13.14
Work, SiGpping by Contractor
0
Vrork. Stopping b► Owner
15.1 thru 15.4
No
to
r
GENERAL CONDITIONS
ARTICLE I —DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents, the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
Addenda —Written or graphic instruments issued prior to the
opening of Bids which clarify, corr—.t or change the bidding
documents or the Contract Documents.
Agrwment—The written agreement between OWNER and
CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a pan thereof as provided therein.
Application for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in re-
questinp progress or final payment and which is to include
such supporting documentation as is required by the Contract
Documents.
Bid —The offer or proposal of the Bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
Bonds —Bid, performance and payment bonds and other in-
struments of security.
Change Order —A written order to CONTR.CTOR signed by
OWNER authorizing an addition, deletion or revision ir..ie
Work, or an adjustment in the Contract Price or the Contract
Time issue. r._ ► ; effective date of the Agreement.
Contract Documt-itr—The Agreement. Addenda iwhich per-
tain to the Contract Documents), CONTRACTOR's Bid
)including documentation accompanying the Bid and any
post -Bid documentation submitted pnor to the Notice of
Award) when attached as an exhibit to the Agreement, the
Bonds, these General Conditions, the Supplementary _ondi-
hons, the Spedi'mations, the Drawings as the same are more
specifically identified in the Agreement, togeth.r with all
Modifications issued after the execution of the Agreement
Contract Price —The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement.
Contract Time —The numoer of days icomputed as provided
in paragraoh I7.2) or the date sated in the Agreement for the
completion of the Work.
COhTRAC:'r__)R—The person, firm or corporation with
whom OWNER has entered into the .Agreement.
dav— A <aleni'ar day of twenty-four hours measured from
midnight to the next midnight
defective —An adjective which when modifying the word
Work refers to Work that is unsatisfactory, faulty or defi-
cient, or does not conform to the Contract Documen•: c - does
not meet the requirements of any inspection, test %x apt rove)
referred to in the Contract Docume-i , or has been damaged
prior to ENGINEER's recommendation of final rayment.
Drawings —The drawings which shuv the character and scope
of the Work to be t-erformed and which have been prepared
or approved by ENGINEER and are referred to it n Con-
tract Documents.
effective date of the Agreement —The date indicated in .tie
Agreement on which it becomes effective, but if no such date
is indicated it means the date on whit h the Agreement is
signed and delivered by the last of the two parties sign and
deliver.
E.VGLVEER—TI•e person, firm or corporation named as such
in the Agreemeni
Field Order —A written order issued by ENGINEER which
orders minor changes in the Wark in accordance with para-
graph 10.2 but wl• 'i does not involve a change in the Con-
tract Price or the Contract Time
General Requirements —Sections of Division I of the Specifi-
cations.
Modification —la) A written amendment of the Contract
Documents signed by both parties. ib) a Change Order, or (c)
a Field Order A modificauc-i may )nly be issued after the
effective date of the .Agreement.
Notice of .)ward —The -written notice by OW; the ap-
parent successful Bidder stating that upon comptwtue by the
apparent successful Bidder -with the conditions precedent
enumerated therein, within 0- •- nr specified, OWNER will
sign and deliver the Agreem ri
'once to Procwd—A written notice given by OWNER -o
CONTRACTOR ( with a copy t.; ENGINEER) fixing the !ate
on which the Contract Time will commence to run ano on
which CONTRACTOR ihall start to perform his obligation
under the Contract Documents
OWNER —The pubiic body or authonty, corporation, anoer
anon, partnership, or .ndi%idual with whom CONTRACTOR
has entered into the Agreement and for whom the work is to
he provided
P►otnr—The total ;omtructiosn of which the Work to be pro-
vided under the Contract Documents may be the whole, nr a
part is indicated eisewnere in the Contract DoLumer,,
Resident Proje4 , Representative —The authorisa0 representa
iive of ENGINEER who is assigned to the site, or any 7azi
thereat
lap
Shop Drawing3—A11 drawings, diagrams, illustrations, sched-
ules and other data which are specifically prepared by CON-
TRACTOR, a Subcontractor, manufacturer, fabricator, sup-
plier or distributor to illustrate some portion of the Work
and all illustrations, brochures, standard schedules• perform-
ance charts, instructions. diagrams and other information
prepared by a manufacturer, `abricator, supplier or distrib-
utor and submitted by CONTRACTOR to illustrate material
or equipment for some portion of the Work.
Spec,frcations—Those portions of the Contract Documews
consisting of written technical descriptions of materials,
equipment, construction systems, standards and work-
manship as applied to the Work and certain administrative
details applicable thereto
Subcontractor —An individual, firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
Substantial Complerion—The Work (or a specified part
thereof) has progressed to the point wt.ere, in the opinion of
ENGINEER as evidenced by his definitive certificate of Sub-
stat,tial Completion, it is sufficiently complete, in accordance
with the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it was in-
tended. or if there be no such certificate issued, when final
payment is due in accordance with paragraph 14.13 The
terms "substantially cc,mpleand "substantially com-
pleted" as applied to any too r to Substantial Comple-
tion tnere(A
Work —The entire ct .pleted :.instruction or the various sep-
arately identifiable parts thereof required to be furnished
under the Conte .t D,xui.,ents. Work is the result of per-
forming services, furnishing labor and `urnishing _nd iicor-
porating materials and equipment into the construction, all as
required try the Contract Documents.
ARTICLE 2—PRELIMINARY �t.ATTLRS
Delivery of Sondr:
2.1 When CONTRi 'TOR delivers the executed Agree•
ments to OWNER. CONTRACTOR shall also deliver •o
OWNER s!r:h bonds as CONTRACTOR may be require9 to
furnish in accordance with paragraph ! .
Copies of Doeuerents.
2.2. OWNER shall furnish to CON R ACTOR up to ten
copses (unim otheiwise syecifird in the General Req.vre-
ments) of this Contract Documents as are reasonably neces-
sary for the etteeuu.. - i the Work. Additional coptas will be
furnished. upon requasit, at the coat of reproduction
Commencement of Contract Time: ,Votice to Proceed:
:.3 The Contract Time will commence to run on the
thirtieth day after the effective date of the Agreement, or, if a
Notice to Proceed is given, on the day indicated in the Notice
to Proceed: but in no event shall the Contract Time commence
to run later than the ninetieth day after the day of Bid opening
or the thirtieth day after the effective date of the \greement.
A Notice to Proceed may be given at any time %ithw shirts
days after the effective date of the Agreement.
Starting the Project.
2.4 CONTRACTOR shall start to perform the Work on
the date when the Contra Time :oinmences to run. but no
Work shall be done at the site prior to the date on which the
Contract T me :orimences to run
3efore Starting Consrruc non:
2.3 Befo,e undertaking ea,h par-, o, the Work,
CONTRACTOR shall carefully study and compare the Con-
tract Documents and check and venfy pertinent figures shown
thereon and all applicable field measwemer,-s CON-
TRACTOR shall promptly report in writing to ENGINEER
any conflict, error or discrepancy which CONTRACI,:R
may discover; however, COS ACTOR shalt not be liable to
OWNER or ENGINEER for . lure to report any conflict.
error of discrepancy in the Drawuigs or Specifications unless
CONTRACTOR had actual knowledge thereof or should rea-
sonably have known thereof.
2.6, Within ten days after OP.- teetive date of the Agree-
ment (unless otherwise specified in the General Require-
ments), CONTRACTOR shall submit to ENGINEER for
review snd acceptance an est,mated progress schedule :n-
dicating the starting and completion dates of the various
stages of the Work, , •eliminary schedule or Shop Drawing
submissions. and a pr..minar% schedule of-_alues of the
M.
2.'. Be'ore any Wo, . -t the sat, is s.arted, CONTRAC.
TOR shall deliver to OWNER, w 'f, copy o ENGINEER,
certificates (and other evidence of insurance re-•uested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs S 3 aria 3 4, and
OWNER shall deliver to CONTRACTOR certificae ,and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintay. ,n ac-
cordance with paragrayhs S 6 and S 7
-econsrrucvron Conference
2 S. Within twenty days after the effective date ,f the
Agreement, bat before CONTRACTOR starts the Work at
the stir, a confero we will be held for review and acceptance of
the schedules referred to in pusigric 6, to esiabltsh peme
dares for handling Shop Drawings it" iher su". tau and
for processing ApplKati. A Payment. and to eseatihsh a
work,ns invlerstanding am Ong the parties as to t he W ork
ARTICLE 3—CONTRACT DOCUMENTS: INTENT AR"riCLE 4—AVAIL ABILITY OF LANDS; PHYSICAL
AND REUSE CONDITIONS: REFERENCE POINTS
Intent:
3.1. The Contract Documents comprise the entire Agree-
ment between OWNER and CONTRACTOR concerning :he
Work. They may be altered only by a Modification.
3.2. The Contract Documents are complementaty: what is
called for by one is as binding as if called for by all. If, during
the performance of the Work, CONTRACTOR finds a con-
flict, error or discrepancy in the Contract Documents, he shall
report it to ENGINEER in writing a •nce and before pro-
ceeding with the Work affected thei. ,v; however. CON-
TRACTOR shall not be liable to OWNER or ENGINEER for
failure to report any conflict, error or discrepancy in the
Specifications or Drawings unless CONTRACTOR had
actual knowledge thereof or should reasonably have known
thereof.
3.3. It is the intent of the Specificat,nns and Drawings to
describe a complete pro)cct I or part there. ; to be constructed
in accordance with the Contract Uocuments. Any Wory that
-nay reasonably be inferred from the Sp c, ftcations or Draw -
,,is as Q...i j required to produce the intended result shall be
%tipplied whether c: 1 it is specifically called for. When
words which have a welt -known technical or trade meaning
are used to describe Work, materials or equipment such words
shall be interpreted in accordance with such meaning. Refer-
ence to s(akidard specifications, manuals or coats of any
technical society, orr�ni, ation or association, or to the code
of s governmental authority, whett.er such reference i
or ;a, implication, shall mean the latest standard spec-
ALation, manual or code in effect at the time of opening of
Bids (or, on the effective date of the ,Agreement if there were
no Bids). except as may be ot'.erwise specifically stated.
However, no provision of any referenced standard spec.ftca-
t, _r. manual or code (whether or n n specifically it srpvrated
vy -*t ,rrnce in the Contract Documents) sha. ee the
h:ttrs and responsibilities of OWNER. CONTE itiR or
ENGINEER, or any of their aaznts or e-iployees from those
set forth in the Contract Documents Clarirkations an.l
interprctatinns of the Contract Docur. _nts shall be issued by
ENGINEER a provided i • in paragraph 9 3
t 4 The Contract Documents will be joy erne t• IN
�f the place of the Pro)er
Reuse a NX-uments.
3 j Nether CON -PAL .OP, nor any Subcontractor.
manufacturer, fabncarar..upplt.i it distributor shall have or
acquire any title o or ownership rights in any if the Draw-
ing. Specifications or other doLumentot nor copies of any
thereof) preparitJ by tr bearing the senl or EN61N ER. and
,hey shall nof reuse anv of th-m on eitenstor of the Prsiect
or at other protect withou. written ;onwnt of OWNER and
ENGINEER and specific wrtieri veriftt on .ir ad.ptauun t v
ENGINEER
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Document,. the lands u, )n which the Work is to be per-
fn••ned, rights -of -way for access thereto, and such other lands
are eesignated for the use of CONTRACTOR. Ease-
nice.ts for permanent structures or permanent changes in ex-
isting facilities wit! be obtained and paid for by OWNER, un-
less otherwise provided in the Contract Documents. If CON-
TRACTOR believes that any delay in OWNER's furnishing
these lands or easements --icicles him to an extension of the
Contract Time CONTRAC. rOR may make a claim therefor
as provided in Article 12. CONTRACTOR shall provide for
all additional lauds and ac -ss thereto that may be required
f,)r temoorary construction facilities or , )rage of materials
and e. j, -tent.
•vstcal Conditions —Investigations ana R,.porrr:
Reference is made to the Supplementary Conditions
.r identification of e reports of investigations and tests
of subsu face and latent physical conditions at the sue or
otherwise affecting cost, r1rogress or performance of the
Work which have been relied upon by V-GINEER in prepa.
ration of the Drawing, and Spwifications. Such sports ar-
no( guarar,!eed as i j accuracy or completeness and are not
part of the Con,.act Lt--rmer•••
690%reseen Phyrtcal Condition:
4.3 CONTRACTOR sha ! �romptiy nobly OWNER and
ENGINE R in ..sting of any subsurface or latent physical
condition i. the site or in an existing structure difftr:ng mate.
rially from those indicated or referred to in +he Contract
Docutisr ts. ENGINEER will prot..pily a ie.. those cor.:i-
tions ano advise OWNER in writing if furtw ,a-estitilta.Jon or
tests are necestarti Promptly thereafter. OW' DER shall obtain
the necessary ad•'• •nal investigations ann tests and fu-nish
copies to ENGINEER :.nd CONTRACTTOR. if ENGINEER
finds that the results of such irtcestigativns or tests indicate
that there are subsurface _r fat:nt phyisca..nndit►ons which
differ materially from those intended in the Can Docu-
n. tnta, and which could not rease tably have beer apated
by CC 'R ACTOR, a Change Order sh. " be tssued incorpo-
rating!he noses, tie recisions
Referent '4otnts
44 OW NhR shah provide en{ catering ..t cevs for ; >ti•
structuor, to estauiish reference :etnt; wnwit ... his )uds
are necessat, -nabse CONTRACTOR to prose--1 with hr
Wor. CC ,.-TOR ,hail be rmponsibie for lad ing o:i the
Work ius -rwoye spaified in the Genera, rtvquii-•
mentsl, sh. ,ect tiA preserve the established reference
points and shall makit ao caanges )r relocations without ih#-
privt carmen app-oval of O.W %LR CONTRACTOR
report to ENGINEER whenever anv reference point .- !ost .
Jestroved or equires relocation because .)r ne_essar% :hang•y
n grades of locations, and shall he-esponst' repir';e
a
.ft
ment or relocation of such reference points by professionally
qualified personnel.
ARTICLE 5—BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least unrl one
year after the date of final payment, except as otherwise pro-
vided by law. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the forms prescribed by the bidding docu-
ments or Supplementary Conditions and be executed by such
Sureties as lil are licensed to conduct business in the state
where the Project is located, and Iii) are named in the current
list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570
Iamendedl by the Audit Staff Bureau of Accounts, U.S
Treasury Department All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
5.2. If the Surety on any Bond furnisheu by CONTRAC-
TOR is declared a bankrupt or be,.omes insolvent or its right
to do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
clauses W and fill of paragraph 5.1. CONTRACTOR shall
within five days thereafter substitute another Bond and
Surety, both of which shall be acceptable to OWNER.
Contractor's Liobilfry Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as will
provide protection from claims set forth below which may
arise out of or result from CONTRACTOR's performance of
the Work and CONTRACTOR's other obligations ,•nv'ler the
Contraci Documents, whether such performance r by
TRACTOR, by any Subcontractor, by anyone Otecily jr is -
directly employed by any of them. or by anyone for whose
acts any of them may be liab,-:
5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee
benefit acts:
Claims for damages because of bodily injury
o• nal sickness or disease, of death of
T ,Ioyees:
laims for damages hecause of bodily injury.
ucknem o. disease, or deain of any person other than
CONTRACTOR's employees:
5.3.4 Claims for damages insured by persona injury
liabdity coverage which are sustained iii by any person as a
a
result of an offense directly or indirectly W-sted to the
employment of such person by CONTRACTOR, or 60 by
any other person for any other reason:
5.3.5. Claims for damages, other than to the Work it-
self, because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom: and
5.3.6. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the
specific coverages and be written for not less than the limits of
liability and coverages provided in the Supplementary Condi-
tions, or required by law, whichever is greater. The com-
prehensive general liability insurance shall include completed
operations insurance. All -uch insurance shall contain a provt•
sion that the coverage afforded will not be cancelled.
materially changed or renewal refused until at least thirty
days' prior written notice has been gt%en to OWNER and
ENGINEER. All such insurance shall remain in effect until
final payment and at all times thereafter when CON-
TRACTOR may be correcting, removing or replacing defec-
tive Work in accordance with paragraph 13.12. in addition,
CONTRACTOR shall maintain such completed operations
insurance for at least two ye,irs after final payment and
furnish OWNER with e%•Jence of continuation of such :nsur-
ance at final payment and ,ne year thereafter
Contractual L.ability Insurance.
5.4. The comprehensive generai liability insurance
required by paragraph 5.3 will include contractual liability
insurance applicable to CONTRACTOR's obligations under
paragraphs 6.30 and 6.31.
Owner's Liabiliry Insurance.•
5 5. OWNER shall be responsible for purchasing and
maintaining his own liability insurance and, at his option.
may purchase and maintain such insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents
Property insurance:
5.6. Lnless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain properts
insurance upon the Work at the site to the full insurable %alue
thereof (subject to such ,feductible amounts as may be pro-
vided in the Supplementary Conditions or required by kiw).
This insurance shall include the interests of OWNER. CON-
TRACiOR and Subcontractors in the work. shall insure
against the perils of fin and extended coverage and shall
include "all nsk" insurance for physical loss and damage
including theft, vandalism and malicious mischief. collapse
and water ,iatnage. and such other perils : s may be provided
in the Supplementary Conditions, aiad shall include damages.
losses and expenses arising out of or resulting irom any
,nsured loss or incurred .n the repair or tepi"irment of any
nsured property lin.luding 'ees and :barges A engineer,
architects, attorneys and other professionals). If not covered
under the "all risk" insurance or otherwise provided in the
Supplementary Conditions, C.JNTRACTOR shall purcha_c
and maintain similar property insurance on portions of the
Work stored on and off the site o• in transit when such por-
t.ons of the Work are to be included in an Application for
Payment. The policies ref insurance required to be purchased
and maintained by nWNER in accordance with paragraphs
5.o and 5.7 shall :oritain a provision that the coverage
afforded will not be cancelled or materially .hanged until at
I-ast thirty days' prior written notice has been given to
CONTRACTOR.
5.' OWNER shall .irchase and maintain such boiler and
machinery insurance as may be rewired by the Supplemen-
tary Conditions or by law. This insurance shall include the
interests of Oµ NER. CONTRACTOR and Subcontractors in
the Work.
5.3 OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests )t
CONTRACTOR or Subcontractors in the Work to the extent
of any deductible amounts that are provided in the Supple-
mentary Conditions. If CONTRACTOR wishes property
insurance coverage within the limits of such amounts.
CONTRACTOR may purchase and maintain it at his own
expense.
5.9. If CONTRACTOR requests in writing :hat other spe-
cial insurance be included in the property insurance policy.
OWNER shall, if possible include such insurance, and the
cost there if shall be charged to CONTRACTOR by appropri-
ate Change Order Pnor to commen -ement of the Work at the
site. OWNER will in writing advise CONTRACTOR whether
or no: such other insurance has been procured by OWNER
Waive - of Rights:
5 10 OWNER and CONTRACTOR waive all right,
against each other and the Subcontractors and their agents
and employees and against ENGINEER and separate contrac
tors tit any) a.id their subcontractors' agents and employers.
for damages caused by fire or other perils o the extent Cov-
ered by insurance provided under paragraphs 5.6 and 5 ', in-
clusive, or any other property insurance applicable to the
Work, except such rights as they may have to the proceeds of
such insurance held by OWNER as trustee. OWNER shall re-
quire .imilaf written waivers by ENGINEER and from each
separate contractor, and CONTRACTOR shall require simi-
lar written waivers from each Subcontractor tin accordance
with paragraph 6 11 as appiicablei. each such waiver will be in
favor of all other parties enumerated in this paragraph 5 10.
Receipt and Apphcanon of P,ix-reds.
5 11 Any insured loss under the policies of insuram c
required by paragraphs 5 6 and 5 ' shall be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds, as their interests may appear. subject to the
requirements of any applicable mortgage .4use and of para-
graph 5 l= OWNER shall deposit in a separate account any
money so received, and he shall distribute it in accordance
with such agreement as he parties in interest may reach It no
other special agreement ,s reached the damaged Work snail ^e
repaired or replaced, the moneys so received applied on
account thereof and the Work and the cost thereof covered by
an appropriate Change Order.
5.12. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of he parties is
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. if
suca objectio- be made, OWNER as trustee shall make settle-
ment w,th the insurers in accordance with such agreement as
the parties in interest may reach. If required in writing by any
party in interest, OWNER as trustee shall upon the occurrence
of an insured loss• give bond for the proper per,ormance of
his duties
.acceptance of Insurance.
5.13 If OWNER has any objection to the coverage
afforded by or other provisions of the insurance required o
be purchased and maintau,ed by CONTRACTOR in accor-
dance with paragraphs 5 3 and 5 4 on the basis of its not com-
-lying with the Contract Dtxuments, OWNER will notify
CONTRACTOR :n writing thereof within ten days of the date
of delivery of such certificates to O% NER in accordance with
paragraph 2 ' If CONTRACTOR has anv objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by
OWNER in accordance with paragraphs 5 6 and 5 ' on the
basis of their not complying with the Contra: Documents,
CONTRACTOR will notify OWNER in writing thereof with-
in ten Jays of the date of defivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.' OWNER and
CONTRACTOR will each provide to the other such addi-
tional information in respect of insurance provided by him as
the other may reasonably request. Fiiiure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the C.mtra
Documents
Partial L'rrlrtarton—P►operry Insurance:
5.14 If OWNER finds it necessary to occupy x use a
portion or portions of the Work prior to Suurantial Comple-
tion of all .he Work, such use or occupancy may oe ?ccom-
plished in accordance with paragraph 14 10: provided that no
such use or occupancy shall :ommence before the mvurers
providing the propteny insurance have acknowiedgevl notice
thereof and in writing etfected the changes ,n coverage nteces-
suated thereby The insurers providing the property insu. ante
shall consent by endorsement on the policy or policies. but the
property insurance shall not be :anceiled or lapse on account
of any such partia. use or occupancy
ARTICLE is-CONTRAC?OWS RLSPO%SIHILiTIES
Supienvsron and Superintendence
fh.1 CONTRACTOR shall supervise and direct the work
competently and efficiently. devoting such attentsoe thereto
and applying such skills and expertise as may be necessary to
perform the W rk in ,ccordance w,th the Contract Docu-
ments. CONTRACTOR shall be ,olely responsible for the
means, methods, techniques, sequences and procedures of
.instruction, but CONTRACTOR ,hall not be solely respon-
sible for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure of
construction which is indicated in and required by the Con-
tract Documents. CONTRACTOR shall be responsible !o see
that the finished A ork complies accurately with the Contract
Documents.
6.Z. CONTRACTOR shall keep on the stork at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications given to the superintendent shall
be as binding as if given to CONTRACTOR.
Labor, .Materials and Equipment:
6.). CONTRACTOR shall provide competent, suitably
qualified personnel to survey and lay out the Work and per-
form construction as required by the Contract Documents
CONTRACTOR shall at all times maintain good discipline
and order at the site Exceat in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherrw tse indicated in the Sup-
plementary Conditions, all Work at the site shall be per-
formed luring regular working hours, and CONTRACTOR
will not permit overumt work or the performance of Work on
Saturday, Sunday or any legal holiday without OWNER'
written consent given after prior written nonce to
ENGINEER.
61 CONTRACTOR shall furnish all materials, eguip-
ment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, tele.
phone, water and sanitary facilities and all other faciiinn and
ncidentais necessary for the execution. testing, •nttial open
anon and completion of the Work
6.5. A'i matenais and equipment shall be of good quahty
and new, except as otherwise provided in the Contract Docu-
ments. If required by ENGINEER, CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and qualuv of materials and equipment
6.6. All materials and equipment shall he applied, in-
stalled, connected, etected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufac-
turer, fabricator, supplier or distributor, except as otherwise
provided in the Contract Documents
Equrvalrnt .Materials and Equipment
6 " Whenever materials or equipment are specified or dt-
scribed in the Drawings or Specifications by using the name of
a proprietary item or the name •if a particular manufacturer.
ON
fabricator. supplier or distributor, the naming of the item is
intended !o establish the type, function and quality required.
Unless the name is followed by words indicating that no sub-
stitution is permitted. materials or equipment of other manu-
facturers, fabricators, suppliers or distributors may be
accepted by ENGINEER if sufficient information is submit-
ted by CONTRACTOR to allow ENGINEER to determine
that the material or equipment proposed is equivalent to that
named. The procedure for review by ENGINEER wtil be as
set forth in paragraphs 5 I and 6.'.2 below as supplemented
in the General Requirements.
h " I Requests for review it s:bstitute items of
material and equipment will not be accepted by ENGi-
NEER fr -m anyone other than CONTRACTOR. if CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment CONTRACTOR shall make written
application to ENGINEER for acceptance thereof, certify-
ing that the proposed substitute will perform adequately
the functions called for by the general design, be similar
and of equal substance to that spe,::tied and be suited to
the same use and capable of performing the same function
as that specified. The application will state whether or not
acceptance of the substitute for use in the Work will
r^quire a change is the Drawings or Specifications to adapt
the design to the substitute and whether or not incorpora-
tion or use of the substitute in connection with the Work is
sub)ect to payment of any license fee or royalty. All
variations of the proposed subs:itute from that <pecified
shall be identified in the application and available mainte-
nance, repair and replacement service will be indicated.
The application will also contain an itemized estimate of
all costs that will result directly or indirectly from accept-
ance of such substitute, including costs of redesign and
claims of other contractors affected by the resulting
change, all of which shall be considered by ENGINEER in
evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute
ENGINEER will be the sole judge of acceptability, and no
substitute will be ordered or installed without ENGI-
NEER's prior written acceptance. OWNER may require
CONTR.. --TOR to furnish at CONTRACTOR's expense
a special performance guarantee or 3ther surety with
respect to any substitute
6 ' =. ENGINEER will record time required by ENGI-
VEER and ENGINEER's :onsaltants in evaluating substi-
tutions proposed by CONT{'.ACTOR and in making
changes in the Drawings or Specifications occasioned
thereby Whether or not ENGINEER accepts a proposed
substuute, CONTRACTOR ,hall retnbume OANER 'or
the charges of ENGINEER and ENGINEER's consultants
for evaluating any proposed ubstitute
Concerning Subcontractors
6.8 CONTRACTOR shall not employ any Subcontractor
or other person or organization (including those who are to
furnish the principal items of materials or equipment).
up
P4.
Al
e.r
rOO
i
AW
s
..s
r..
whether initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection. A Subcontractor
or other person or organization identified in writing to
OWNER and ENGINEER by CONTRACTOR prior to the
Notice of Award and not objected to in writing by OWNER
or ENGINEER prior to the Notice of Award will be deemed
acceptable to OWNER and ENGINEER. Acceptance of any
Subcontractor. other person or organization by OWNER or
ENGINEER shall not constitute a waiver of any right of
OWNER or ENGINEER to reject defective Work. If
OWNER or ENGINEER after due investigation has reason-
able objection to any Subcontractor, other person or organi-
zation proposed by CONTRACTOR after the Notice of
Award, CONTRACTOR shall submit an acceptable substi-
tute and the Contract Price shall be increased or decreased by
the difference in cost occasioned by such substitution, and an
appropriate Change Order shall be issued. CONTRAC FOR
shall not be required to employ any Subcontractor, other
person or organization against whom CONTRACTOR has
reasonable objection.
6.9. CONTRACTOR shall be fully responsible for all acts
and omissions of hi, Subcontractors and of persons and
organizations directly or indirectly employed by them and of
persons and organizations for whose acts any of them may be
liable to the same extent that CONTRACTOR is responsible
for the acts and omissions of persons directly employed by
CONTRACTOR. Nothing in the Contract Documents shall
create an% contractual relationship between OWNER or
ENGINEER and any Subcontractor or other person or orga-
nization having a direct contact with CONTRACTOR, nor
shall it create any obligation on the part of OWNER or
ENGINEER to pay or to see to the payment of any moneys
due any Subcontractor or e'her person or organization.
except a� may otherwise be required by law. OWNER or
ENGINEER may furnish to any Subcontractor or other
person or organization, to the extent practicable. evidence of
amounts paid to CONTRACTOR on account of specific
Work done.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
detineating the Work to be performed by any specific trade.
6.1 1. All Work performed for CONTRACTOR by . Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which %peci-
fically binds the Subcontractor to the applicable terms anu
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions as
required by paragraph 3.10. CONTRACTOR shall pay -ach
Subcontractor a just share of any insurance moneys received
by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs ? 6 through 9
Patent fees and Rovalties
6.11. CONTRACTOR shall pas all license lees and royal-
ties artd assume all costs incident ro the ,ise in the performance
of the Work or the incorporation in the Aork )t an% invtn-
14
lion, design, process, product or device which is the subject of
patent rights or copyrights held by others. if a particular
invention, design, process, product or device is specified in
the Contract Documents for use in the performance of the
Work and if to the actual knowledge of OWNER or ENGI-
NEER its use is subject to patent rights or copyrights calling
for the payment of any license fee or royalty to others, the ex-
is•ence of such rights shall be disclosed by OWNER in the
Contract Documents. CONTRACTOR shall indemnify and
hold harmless OWNER and ENGINEER and anyone directly
or indirectly employed by either of them from and against all
claims. damages. losses and expenses (including attorneys'
fees) arising out of any infringement of patent rights or copy-
rights incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any inven-
tion, design. process, product or device not specified in the
Contract Documents. and shall defend all such claims in con-
nection with any alleged infringement of such rights.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. CON-
TRACTOR shall pay all charges of utility iervice companies
for connections to th• Work, and OWNER shall pay all
charges of such companies for ;apital costs related thereto.
Laws and Regulartuns:
6.14. CONTRACTOR snail give all notices and comply
with all laws, ordinances, rules and regulations applicable to
the Work. If CONTRACTOR observes that the Spec: fications
or Drawings are at vanance therewith. CONTRACTOR shall
give ENGINEER prompt written notice thereof, and any nec-
essary changes shall be adjusted by an appropriate Wodifica-
tion. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to such laws, ordi-
nances. rules and regulations, and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance «tth such !aws. ordinances,
rules and regulations
Taxes:
6.15. CONTRACTOR shall pay ail sales. consumer, use
and other similar cases required to paid by him in accordance
with the law of the place of the Project
Use of Pnmtses
6.16 CONTRACTOR +hail :ontine construction equip-
ment, the sioragr of materials and equipment and the opera-
tions of workmen to areas permitted h% law, ardinances.
permits or the requirement% ,)t -he Contract Documents, and
,hail not unreasonably encumber the premises with construe
non equipment mother materials or equipment
6.1" During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste ma-
terials, rubbish and other debris resulting from the %%ork. At
the completion of the Work CONTRACTOR shall remove ail
waste materials, rubbish and debris from and about the prem-
ises as well as all tools, appliances, construction equipment
and machinery, and surplus materials, and shall leave the site
clean and ready for occupancy by OWNER. CONTRACTOR
shall restore to their original condition those portions of the
site not designated for alteration by the Contract Documents.
6.18. CONTRACT, )R shall not load nor permit any part
of any structure to be loaded in any manner that will endanger
the structure, nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressu-es :hat
will endanger it
Record Documents.
6.19 CONTRACTOR shall keep one record cops of all
Specifications, Drawings, Adderda, %lodificarions. Shop
Drawings and samples at the site, in good order and an-
notated to show all changes made during the construction
process. These shall be available to ENGINEER for exam-
ination and shall be delivered to ENGINEER for OWNER
upon completion of the Work
Sajery and Protection
6.20. CONTRACTOR shall oe responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in conn.ction with the Work. CONTRACTOR ,hall
take all necessary precautions for the safety of, and shall pro-
vtde the necessary protection to prevent damage, injury st
IOss to
6.20.1. ail employees on the Work and other persons
who may be affected thereby.
6 20.2. all the Work and all materials or equipment to
be incorporated therein, whether in ,torage on or off the
site, and
6.20.3. other property at the site or adjacent •hereto,
w including trees, shrubs, lawns, walks, pavements, road
ways. structures and utilities not designated for removal.
relocation or replacement in the course or construction.
CONTRACTOR shall co.npiv with all applicable caw,, rdi
nances, rules, regulations and orders of anv public body hav-
ing jurisdiction for the safety of persons or property or to pro-
tect them from damage. injury or loss: and ,hall erect and
maintain all necessary safeguards for such safety and protec
tion. CONTRACTOR shall notify owners of adjacent prop-
"' eriv and utilities when prosecution of the Work may affect
them All damage. injury or loss to any property referred to ;n
paragraph 6.20.2 or 6._0.3 caused. directly or indirectly, in
whole or in pan, by CONTRACTOR, anv Subcontractor or
anyone directly or indirectly employed by any of them or
anyone for whose acts any of there may be liable, shall be
remedtad by C nNTRACTOR (except damage or loss attribut
able !a the fault of Drawings or Spec:fications or to the acts or
.missions of OWNER or ENGINEER or anyone employed by
either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or
in part. to the fault or negligence of CON -TRACTOR).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with par -
graph 14-13 that the Work :s acceptable.
6.:1. CONTRACTOR shall designate a responsible
member of his organization at the site whose duty shall be the
prevention of accidents This person shall be CONTRAC-
TOR's superintendent unless otherwise designated .r. Av ting
by CONTRACTOR -) Orb NER
Emerzencies
6.:_ In emergencies affec::ng the safety or protection of
persons or the Work or property at the site or adjacent there-
to, CONTRACTOR, without special instruction or authoriza-
tion from FNGINEER or OWNER, :s obligated to act to pre-
vent theeatened damage. injury or loss. CONTRACTOR shall
give ENGINEER prompt written notice of any significant
changes in the Work or deviations from the Contract Docu-
ments caused thereby
Shop Drawings and Samples:
6.23. Alter checking and verifying ail field measurements.
CONTRACTOR shall submit to ENGINEER for review and
approval, in accordance with the accepted schedu:e of Shop
Drawing submissions (see paragraph _.8), five copies iuniess
other•vt a specified in the General Requirements) of all Shop
Drawings, which shall have been checked by and stampri
w,th the approval of CONTRACTOR and Atntified as
ENGINEER may require The data shown on the Shop Draw-
ings will be complete with respect to dimensions, design cri-
teria, materials of construction and 'ike information -o enable
ENGINEER :o review the information as required.
6..4. CONTRACTOR shall also vubmit to ENC:NEER
for review and approval with such promptness as to cause no
May in Work, all samples required by the Contract Docu-
ments Au samples will have been checked by and stamped
with the approval of CONTRACTOR. identified clearly as to
material, manufacturer, any pertinent catalog numbers and
the use for which intended.
6.25. At the time of each submission. CONTRACTOR
shall in wnnng call ENGINFER's attention to anv deviations
that the Shop Drawings or samples may have from the
requirements of the Contract Documents.
6.26 ENGINEER will review and approve with reas en-
able promptness Shop Drawings and samples. Nut ENGi-
NEER's r"tew and approval ;hall yve only for conformance
wt,htht dtsignconctpt of -it Project and for comrl,ance with
,he nfurmition givtn in -he Contract Documents and shall
not ettend !o means, methods, stquences.:echnques or pro -
I
,edures of construction or to safety precautions or programs
incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly :n which the
item functions. CONTRACTOR shall make any corrections
required by ENGINEER and shall return the required number
of corrected copies of Shop Drawings a -id resubmit new
samples for review and approval. CONTRACTOR shall
direct specific attention in writing to revisions other than he
corrections called for by ENGINEER on previous submittals.
CONTRACTOR's stamp of approval on any Shop Drawing
or sample shall constitute a representation to OWNER and
ENGINEER that CONTRACTOR nas either determined and
.erifted all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data or assumes full
responsibility for doing so, and that CONTRACTOR has re-
viewed or coordinated each Shop Drawing or sample µoh tie
requirements of the Work and the Contract Document<
5.2. Where a Shop Drawing or sample is required by the
Specifications, no related Work shall be commenced until the
submittal has been reviewed and approved by ENGINEER.
6.28 ENGINEER's review and approval of Shop Draw•
I
or samples shall not relieve CONTRACTOR from re-
sponsibility for any deviations from the Contract Documents
unless CONTRACTOR has in writing called EtiGINEER's
attention to such deviation at the time o: submission and
ENGINEER has given written concurrence and approval to
the specific deviation, nor shall any concurrence or approval
by ENGINEER relieve CONTRACTOR from responsibility
for error or omissions :n the Shop Drawings.
Continuing the Work.
6 29 CONTRACTOR shall carry on the Work and main-
tain the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, excepr as
CONTRACTOR and 0%% NER mad otherwise agree .n
writing.
indemnification
6.30. To the fullest evtent permitted by law, CON-
TRACTOR shall indemnif. and hold harmless OWNER and
ENGINEER and !heir agents and rnplovees from and against
all claims, damages, losses and expenses ncluding but not
limited to attorneys' fees arising out of or resulting from the
performance of the work, provided that any such claim,
damage 'oss or expense la) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) including :tie
loss of use resulting therefrom and ! b1 is caused in whole or in
part by any negligent act or omission of CONTRACTOR. am
Subcontractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable,
regardltss of whether or not t is caused in part by a parry
indemnified hereunder
6 ?l In any ina all .omen, against OWNER or ENGI-
NEER w. any of their .ivent% or employees by any empieve- of
In
CONTRACTOR, any �abcontractor, anyone directly or indi-
rectly emploved by any of there or anvone for whose acts any
of them may be liable, the mdemnification obligation under
paragraph 6.30 shall not be limited !n an• way by any limita-
tion on the amount or type of damages, compensation or
benefits payable by or for CONTRACTOR or any Subcon-
tractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
5.j2. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER, his
agents or emplovees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys.
Change Orders, designs or specifications.
AR i ICLE'—WORK BY OTHERS
- I O%k NER may perform additional wo-k related to the
Project by himself, or have additional -urk performed by
utility service companies, or let other direct contracts therefor
which shall contain General Conditions similar to these.
CONTRACTOR shall afford :he utility service companies
and the other contractors who are parties ?o such airect con-
tracts for OWNER, if O%k%ER is performing :he additional
work with OWNER', employees) reasonable opportunity for
the introduction and storage of matertais and equipment and
the execution of work, and shall properly connect and coordi-
nate his Work with theirs.
7.2. if any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
:ontrac:or .)r utility service company (or OWNER), CON -
RAC -TOR shall inspect and promptly report to ENGINEER
in writing anv patent or apparent defects or deficiencies in
such work that render it unsuitable for such proper execuuon
and results. CONTRACTOR's failure so to report shall con-
stitute an acceptance of the other work as fit and proper :or
integration with CONTRACTOR's Work except for latent or
non -apparent defects and deficiencies in the other work.
3 CONTRACTOR shall do all cutting. flitting and
patching of his Work that may be required to make its several
parts come together properly and Integrate with such otht
work. CONTRACTOR shall not endanger any work of others
by cutting, excavating or Otherwise altering their work and
will only cut or after their work with the written consent of
ENGINEER and the others whose work will be affected.
a. If the performance of additional work by other con-
tractors or utiltty service companies or OWNER was not
noted in the Contract Documents, written notice ;htreof shall
be given to CONTRACTOR prior o starting any such addi-
tional work. If CONTRACTOR believes that the perform-
ance of such additional work by OWNER or others involves
additional exptense to CONTRACTOR or requires an et
,ensign of the Contract Time, CONTRACTOR "nay make a
.[aim therefor as provided in Articles i I and 12
ff
0
w
ARTICLE 9-0114NER'S RESPONSIBILITIES
9.1. OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose
status under the Contract Documents shall be that of the
former ENGINEER. Any dispute in connection with such
appoinment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
vnder the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are Jue as
provi ;rd in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4 Para-
graph 4.2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of investigations
and tests of subsurface and latent physical conditions at the
site or otherwise affecting performance of the Work which
have been relied upon by ENGINEER in preparing the Draw-
ings and Specifications.
B.S OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 3.5 through !.'.
8.6. In connection with OWNER's rights to request
changes in the Work in accordance with .Article 10, OWNER
(espe=tally in certain instances as pro- ided in paragraph 10 4)
is obligated to execute Change Orders
8 OWNER's responsibility in respect of certain
nspections, tests and approvals is set forth in paragraph 13 4
8 8 In connection with OWNER's right to stop Work or
mspend Work, see paragraphs 13 10 and 11 I. Paragraph
13.2 deals with OWNER's right to terminate services of
CONTRACTOR under certain circumstances
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Represenranve.
9.1 ENGINEER will be OWNER's respresentative dur
ing the ; onstruction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent o(OWNER and ENGINEER.
Visits to Site:
9' ENGINEER will make visits to the site at interval%
appropriatetothe %arious stages o(construction toobserve the
progress and quality of the executed Work and to determine,
in general, if the Work is proceeding in accordance with the
Contract Documents. ENGINEER will not be required to
make exhaustive or continuous on -site inspections to check
the qualit, or quantity of the Work. ENGINEER s efforts
will be directed toward providing for OWNER a greater de-
gree of confidence that the completed Work will conform to
the Contract Documents. On the basis of such visits and on -
site observations as an experienced and qualified design pro-
fessional. ENGINEER will keep OWNER informed of the
progress of the Work and will endeavor to guard OWNER
against defects and deficiencies in the Work.
Clarifications and Interpretations:
9.3. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as ENGI-
NEER may determine necessary, which shall be consistent
with or reasonably inferable from the overall intent of the
Contract Documents. If CONTRACTOR believes that a writ-
ten clarification or interpretation justifies an increase in the
Contract Price or Contract Time, CONTRACTOR may make
a claim therefor as provided in Article 11 or Article 12.
ftecring Defective Work:
9.4. ENGINEER will have authority to disapprove or
reject Work which is defective, and will also have authority :O
require special inspection or testing of the Work as proy,ded
in paragraph 13.9, whether or not the Wo-k is fabricated,
installed or completed.
Shop Drawings, Change Orders and Payments.
9.5. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 through
6.29 inclusive.
9.6. In connection with ENGINEER's responsibilities as
to Change Orders, see .Articles 10. 1 I and 12
9.? In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc., see Article 14
Pro,wr Repromitarron:
98 If OWNER and ENGINEER agree. ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in observing the performance of the Work. The duties,
responsibilities and limitations of authority of anv such
Resident Protect Representative and assistants will be as
provided in the Supplementary Conditions If OWNER Jes-
.gnates another igent to represent him at the site who is not
ENGINEER's agent or employee. the duties, responsibilities
and limitations of authority of such other person bill he as
provided in the Supplementary Conditions
Dectsrons on Dis rgreewients
4.9 ENGINEER will be the initial nierpreter of the re-
quirements of the Contract Documents and ;udge of the ac
ceptabihiv of the Work thereunder Claims. disputes and
wr
.i.
otlicr matters relating to the acceptability of the Work or the
nterpi etation of the requirements of tt-e Contract Documents
pertain ng to the execution and progres, of the Work shall be
tef-rreil initially to ENGINEER in writing with a request for a
formal decision in accordance with this paragraph, which
ENGINEER will render in writing within a reasonable time.
Written notice of each such claim, dispute and other matter
shall be delivered by the claimant to ENGINEER and the
other part- to the Agreement within fifteen days of the occur-
.ence of the event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
within forty-five days of such occurrence unless ENGINEER
allows an additional penod of time to ascertain more accurate
late. In his capacity as interpreter and judge ENGINEER will
not show partiality to OWNER or—ONTRACTOR and will
nut be liable in connection with any interpretation or decision
rendered in good faith in such capacity
9 10. The rendering of a decision by EN'.?i EER pursu-
ant to paragraph 9.9 with respect to any such claim. dispute or
other matter (except any which have been waived by the mak-
ing ur acceptance of final payment as provided in paragraph
14.16) will be a condition precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies as
either may otherwise have under the Contract Documents or
at law in respect of any such claim, dispute or other matter.
Limitations on E;VGLVEER's Responsibilities:
9.11 Neither ENGiNEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-
contractor, am manufacturer. fabricator, supplier o• dis-
tributor. or any of their agents or employees or any other
person performing any of the Work.
9.12 Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed" or
terms of like effect or import are used, or the adjectives
"reasonable". "suitable", "acceptable". "proper" or
"satisfactory" or adjectives of like effect or import are used.
to describe requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such require-
ment, direction, review or judgment will be solely to evaluate
the Work for :omphance with *he Contract Documents
(unless there is a specific statement indicating otherwise►. The
use of any such term or adjective never indicates that ENGI-
NEER shall have authority to supervise or direct performance
of the Work or authority to undertake responsibility contrary
to the provisions of paragraphs 9 13 or 9 la
913 ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction, or the safety precautions and
programs incident thereto, and ENGINEER will not be rr
sponsible for C:ONTRACTOR'% tatlure!u perform the `Rork
�n accordance with the Contract Documents
:.
9.14. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractors. or of
the agents or employees of any CONTRACTOR or Subcon-
tractor, or of any other person; at the site or otherwise
performing any of the Work.
ARTICLE 10—CHANGES iN THE WORK
i0A, Without invalidating the Agreement. OWNER may.
at any time or from time to time. order additions, deletions or
revisions in the work: these will be authorized by Change
Orders. Upon receipt at a Change Order. CONTRACTOR
shall proceed with the work iiivolved All such Work shall be
executed under the applicable conditions of the Contract
Documents. If An. Change Order causes an increase or de-
crease in the Contract Price or at,, extension or shortening of
the Contract Time. an equitable adjustment will be made as
provided in Article I i or Article I. on the basis of a claim
made by either party
10.:. ENGINEER may authorize minor charges in the
Work not involving ar. adjustment in the Contract Price or the
Contract Time, which are consistent with the overall intent of
the Contract Dor!ments. These may be accomplished by a
Field Order and 4nall be binding on OWNER. and also on
CONTRACTOR who shall perform the change promptly. If
CONTRACTOR believes that a Field Order justifies an
increase in the Contract Price or Contract Time, CON-
TRACTOR may make a claim therefor as provided in Article
I 1 or Article I:.
10.3. Additional work performed without authorization
of a Chang- Order will not entitle CONTRACTOR to an in-
crease in the Contract Price or an extension of the Contract
Time, except -n the case of an emergency as provided in para-
graph 6.:: and except as provided in paragraphs 10 : Ana
13.9.
104 OWNER shall execute approprate Change Orders
prepared by ENGINEER covering changes n :he work which
are required by OW -4. or required because of inforeseen
physical co ditions yr emergencies. or because of uncovering
Work found not to be defective, or as provided in paragraphs
11.9 or i 1 .10, or because of any other claim of CONTRAC-
TOR for a change in the Contract Time or the Contract Price
which is recommended by ENGINEER.
10.5 If notice of am change affecting the general *cope
of the Work or change in the Contract Price is required by the
provisions of any Bond to be green to the Surety. it will be
CONTRACTOR's responsibility to so notify the Surety, and
the amount of ea.h applicable Bond *na11 be adjusted Accord—
ingly CONTRACTOR shall turnish proot :)! such sduist-
!nent to OW NE
ARTICLE 'I —CHANGE OFCONTRACT PRICE
' I 1 The Contract Price constitutes the !oral
compensation isubrec! !o authorized adiutimentsl aayahle to
11
r-
61
CONTRACTOR for performing the Work. All dut!es, re-
sponsibilities and obligations assigned to at undertaken by
CONTRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a
Change Order. Any claim for an increase in the Contract
Price shall be based on written notice delivered to OWNER
and ENGINEER within fifteen days of the occurrence of the
event giving rise to the claim. Notice of the amount of the
claim with supporting data snall be delivered within forty-five
days of such occurrence unless ENGINEER allows an addi-
tional period of time to ascertain accurate cost data. All
claims for adjustment in the Contract Price shall be deter-
mined by ENGINEER if OWNER and CONTRACTOR can.
not otherwise agree on the amount involved. Any change in
the Contract Price resulting from any such claim shall be in-
cornorated in a Change Order
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease it the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of unit prices to the quantities of the terns ;molted
isub)ect to the provisions of paragraph 1 1.9t.
11.3.2. By mutual acceptance of a lump sum.
11.3.3. On the basis of the Cost of the Work ideter-
mined as provided in paragrar'is 11.4 and 11.3) plus a
Contractor's Fee for overhead and profit ldeternt►ned as
provided in paragraph 11.6).
Cost of the Work:
11 4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in the
proper performance of the Work. Except as otherwise may be
agreed to in writing by OWNER, such costs shall be in
amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not
include any of the costs itemized in paragraph 11 !
II 4 1 Payroll costs for employees in he direct
emplov of CONTRACTOR in the performs of the
W'urk under schedules of lob classifications agtecd upon
by OWNER and CONTRACTOR Payroll cost! for em-
ployees not employed full time on the Work shall be appor-
tioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to. salaries
and wages plus the cost of fringe benefits which shall
include social securtiv contributions, unemployment.
excise and payroll taxes, workers' or norkmen s compen-
sation. health and retirement benefits, bonuses, sick leave,
vacation and holidav pay applicable thereto Such employ.
ees shall nclude superintendents and foremen at the site
The expenses of performing Work &(ter regular working
hours. on Sunda% _)r legai holidav%. shall be tncluded in -he
iNsve to the e%!ent authonred by o*%ER
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of transpor-
!ation ano storage thereof. and manufacturers' field
services required in connection therewith. %11 cash dis-
counts shall accrue to CONTRACTOR unless OWNER
deposits funds with CONTRACTOR with which to make
payments, in which case the cash discounts shall accrue to
OWNER. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to OWNER and CONTRACTOR shall make provi-
sions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors. If
required by OWNER. CONTRACTOR shall obtain com-
petitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee, the Subcontractor's Cost of the Work
;hall be determined in the same manner as CONTAC-
TOR's Cost of the Work. All subcontracts shall be subject
to the other provisions of the Contract Documents - .sofar
as applicable.
11.4.4. Costs of special consultants (including, but no,
limited to, engineers, archl!ects, testing laboratones, sur-
veyors, lawyers and accountants) employed for services
specifically related to the Work.
1 1.4-5. Supplemental costs including the following:
11.4.5 I The proportion of necessary tram-
portatson, gavel and subsistence expenses of CON-
TRACTOR's emplo- ees incurred in diwharge of dutie.
connected with the Work.
11 4.!.2 Cost. including transportation and
maintenance, of all materials, supplies, equipment.
machinery, appliances, office and temporary facilities
at the site and hand tools not owned by the workmen,
which are consumed in the performance of the Work.
and cost less market value of suc" t,:rri, used but not
consumed which remain the zropeny of CON-
TRACTOR.
I 1 4.5.3. Rentals of all construe*icn equipment and
machinery and the parts thereof whether rented frum
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costs of transportation, loading.
unloading. installation, dismantling and removal
thereof —ail :n accordance with terms of said rental
agreements The rental of ans such equipment.
macninery or pats shalt cease when the use thereof is
no Ioniser necessary for the Ws:)rk
4 ' 4 Sales. use of similar taxes -elated to the
Aork, and for which CONTRACTOR is liabk.
mposed t%v anv governmental authority
n
r
i4
r
M
IN,
sy
11.4.5.5. Deposits lost for :auses other than CON-
TRACTOR's negligence, royalty payments and fees for
permits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise,
to the work or otherwise sustained by CONTRACTOR
in connection with the execution of the work. provided
thev have resulted from causes other than the negligence
of CONTRACTOR, any Subcontractor. or anyone di-
rectly or indirectly employed by any of them or or
whose acts anv of them may he liable. Such losses ,hall
include settlen.ents made with the written consent and
approval of OWNER. No such losses, damages and ex-
penses shall be included in the Cost of the Work for the
purpose of determining Contractor's Fee. If. ❑oweve-,
any such loss or damage requires reconstruction and
CONTRACTOR is placed in :harge thereof. Cti'•-
TRACTOR shall be paid for services a `er proportion-
ate to chat stated in paragraph 11 6
11.4.5.7. The cost of utilities, fuel and sanitar}
facilities at the site.
11 4.5.8. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following
115 1 Payroll costs and other compensation of CGN-
TRACTOR's officers, executives, principals iof partner-
ship and sole proprietorships), general managers.
engineers, architects, estimators, lawyers, auditory,
accountants, purchasing and contracting agents. expeui
tors, timekeepers, cle. ks and other personnel emploved by
CONTRACTOR whether at the site or in his principal or a
branch office for general administration of the Fork and
not specifically included in the agreed upon schedule of iob
classifications referred io in subparagraph 11 4 !—all of
which are to be considered administrative ,psis co� ered by
the Contractor's Fee
11.5.1 Expetsaes of CONTRACTOR's principal and
branch offi.es other than CONTRACTOR's office at the
site.
11 � 3 Any rsart of CONTRACTOR's capital ex-
penses. ncluding interest on CONTR %CTOR's :apical,
employed for the Work and charges against CON-
TRACTOR `or delinquent pay ents
11.5.4 Cost of premiums for all Bonds and fo- all -n
surance whaher or not CONTRACTOR is required by the
Contract Documents ;o purchase and maintain the same
(except for additionai Bends and insurance required be-
cause of changes in the %% ork i
11.5.5. Costs due to the neghgenre of CONTRAC-
TOR, any Subcontractor, or a ..one directly or indirectly
emploved by any of them or for whose acts any of them
may be liable, including but no( limited to, the correction
of defective Work, disposal of materials or equipment
wrongly supplied and making good any damage to
property
11 4.6. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraph 11.4
Contractor's fee
11 6 The Contractor's Fee allowed to CO' TRACTOR
for averhead and profir shall be determined as follows:
! 1 6 1 a mutually acceptable fixed fee f none can
be agrees upon,
11 6.2, a fee based on the following percentages of the
various portions of the Cost of the Work.
11 6 = 1. for :osts incurred under paragraphs
11.4 1 and 11 4 Z, the Contractor's Fee shall be ten
percent.
II 6 : 2 for costs incurred under paragraph
1 1 .41, the Contractor's Fee shall be five percent: and if
a subcontract is on the basis of Cost of the Work Plus a
Fee. the maximum allowable to the Subcontractor as a
fee for Overhead and profit shall be ten percent. ind
11.6_3, no fee shall be payable on the "asis of
costs itemized under paragraphs 11 a a, 11.4 5 and
11.5
! ' The amount of credit to be allowed by CONTRAC-
TOR to OWNER for anv suet. change which -exults in a net
decrease in cost. will be the amount of the actuai net dec-ease.
When both additions ind credits are :nvoived in ar.s ant
:hange. the combined :erhead and profit shall be figured an
,he basis of the net increase, if any
4djuitment of Unit Prices:
11 8 Whenever the cost of anv Work is to be determined
pursuant to paragraphs 114 and 11 5. CONTRACTOR will
submit in form acceptable to ENGiNEER an itemized cost
breakdown together with �uprorttnv data
11 9 Where the quantity of Work with respect to MY
item that is covered by a unit price differs tnatenalls and ft-
nificantly from he 4uatitity of ,itch Worli iitidicated en the
Contract Documcrits an arfxoprtate CtafW r?rdef shall be
ssued on reeornmendation ?f E`t,iNFER to odium the'-mit
price
:0
I
r. ,
Cash Allowances:
11.10. It is understos,d that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done by
such Subcontractors, manufacturers, fabricators, suppliers or
distributors and for such sums w.•hin the limit of the allow-
ances as may be acceptable to ENGINEER. Upon final pay-
ment, the Contract Price shall be adjusted as required and an
appropriate Change Order issued. CONTRACTOR agrees
that the original Contract Price includes such sums as CON.
TRACTOR deems proper for costs and profit on account of
cash allowances. No demand for additional cost or profit in
connection therewith will be valid.
ARTICLE 12—CHANGE OF THE CONTRACT TIME
12.1 The Contract Time may only be changed by a
Change Order. .Any chum for an extension in the Contract
Time shall be based on written notice delivered to OWNER
and ENGINEER within fifteen days of the occurrence of the
event giving rise to the claim. Notice of the extent of the c'aim
with supporting data shall be delivered within forty-five days
of such occurrence unless FNGINEER allows an additional
period of time to ascertain more accurate data. All claims for
adjustment in the Contract Time shall be determined by
ENGINEER if OWNER and CONTRACTOR cannot other-
wise agree. Any change in the Contract Time resulting from
any such claim shall be incorporated in a Change Order.
0.2 The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include, but not be limited to,
acts or neglect by OWNER or others performing additional
Work as contemplated by .Article', or to fires, floods, labor
disputes, epidemics, abnormal weather conditions, or acts of
God
1:1 All time limits stated in the Curtract Documents are
of the essence of the Agreement. The provisions of this Article
12 shall not exclude recovery for damages (including compen-
sation for additional professional iervicei) for Jelay Uv either
party
ART1cLE 13—WARRANTY ANDGUARANTEE.
TESTS '.ND INSPECTIONS, CORREC
TION. REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK
War►awrr end Gwronrea:
13 1 CONTRACTOR *arranq and e•tarantees to
OWNER and ENGINEER that all Work will be in accordance
with the Umirect Documents and will not he defective
Prompt nonce of all Jefecis shall be given to CONTRAIL
TOR All defective Work, whether or " in place, may Se
retested. orrecied ar accepted as provided in thin Artkle 13
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and go%-
ernmental agencies with jurisdictional interests will have ac-
cess to the Work at reasonable times for their observation, in
spection and testing. CONTRACTOR shall provide prover
and safe conditions for such access.
tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections.
tests or approvals.
13.4. if any law, ordinance. rule. regulation, code. or
order of any public body having jurisdiction requires any
Work for part thereof) to specifically be inspected. tested or
approved. CONTRACTOR shall assume full responsibility
therefor, pay all costs in connection therewith and furnish
ENGINEER the required certificates of inspection, testing or
approval. CONTRACTOP, shall also be responsible for and
shall pav all costs in connection with any inspection or testing
required in connection with OWNER's or ENGINEER's ac-
ceptance of a manufacturer, fabricator, supplier or distrib-
utor of materials or equipment proposed to be incorporated in
the Work, or c` materials of equipment submitted for ap-
proval prior to CONTRACTOR'S purchase thereof for incor-
poration in the Work The cost of all other inspections, test,
and approvals required by the Contract Documents shall be
paid by OWNER (unless otherwise specified).
13.3. All inspections, tests or approvals other than thou
required by law, ordinance, rule, regulation code or order w
any public body having jurisdiction *hall be performed bv or-
ganizanuns acceptable to OWNER and C Co%TRACTOR for
by ENGINEER if so specified).
13 6. If any Work that is to be inspected, tested or ap-
proved is covered without written concurrence of ENG1
NEER, it must, if requested by ENGINEER, be -incovered
for observation. Such uncovering shall be at CONTRAC-
TOR's expense :finless CONTRACTOR has given ENGI-
NEER timely notice of CONTR.ACTOR's intention to :over
such Work and ENGINEER has not acted with reasonable
promptness in response to such notice.
13 ' Neither observations by ENGINEER nor inspec-
tit,as, tests or approvals by others ,hall refieve CONTRAC-
TOR from his obligations to perform the %r`or► :n accordance
with the Contract Document%
C acoveriRe Work
13 1 If anv Worts is covered cuuritrary to ;he written .re-
quest of ENGINEER, it must, if requested by EN61NEER
be uncovered for ENGiNEER's observation and replaced at
CONTRACTOR'S ettMse
13 9 if ENGINEER comtdir- it necessary or adviut+ie
that covered work be observed by ENGINEER X irispertrt
m tested by poser%. CONTRACTOR, at E%6INEE11 , 11
No
.r
t=
ar
quest. >hall , ncover, expose or otherwise make available for
observation. inspection or testing as ENGINEER may re-
quire, that portion of the Work in question. fnrmshing all
necessary labor, material and equipment. If it is found that
such Work is defective. CONTRACTOR shall bear all the ex-
penses of such uncovering, exposure, observation. inspection
and testing and of satisfactory reconstruction, including com-
pensation for additional professional services, and an appro-
priate deductive Change Order shall be issued. If, however,
such Work is not found to be defective. CONTRACTOR shall
be allowed an increase in the Ccntract Price or an extension of
the Contract 1 ime. or both, directly attributable to such un-
covering. exposure, observation, inspection, testing and
reconstruction if he makes a Claim therefor as provided in
Articles I I and IZ.
Owne►.Nov Stop the Work:
13.10. If the Work is defective. or CONTRACTOR fails
to supply sufficient skilled workmen or suitable materials or
equipment. OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such orJet
'-as been eliminated: however, this right of OWNER to stop
the Work shall not give ns, to any duty on the part of
OW' IER to exercise this right for the benefit of CONTRAC-
TOR or any other party.
Common or Rrmovaf of (jfwtve Fork:
13. 11 If required by ENGINEER. CONTRACTOR shall
promptly, without cost to OWNER and as specified by ENGF
NGER. either correct any defective Work. whether or not fab-
rtcared. Installed or completed. or, if the Work has been re-
jected by ENGINEER, remove it from the :tte and replace it
with nondefer.ve Work.
One yarr Cor►et'rion Period.
13.1:. If within one year after the date of Substantial
Completion or inch longer period of time as may be pre-
s;ribed by law or by the term., : f any appticablt special
guarantee required by the-ontraci Documents or by am spit.
,;iftc provision of the Contract Documents. anv Work Is
found to be defective. CONTRACTOR shall promptly,
without cost to OWNEF and in accordance with OWN€R's
written instructions, ether correct such defective Work, or, if
it has been rejected by OWNER, remove it from the site and
replace it with nondefective Work. If CONTRACTOR does
not promptl, comply with the terms of such instructions. of in
.in emcfgs.,Kv where (Nay would cause serious risk of toss Of
Jamge. OWNER may have the detective Work corrected or
he rejected Work removed and replaced. and ail direct and
indirect costs of such removal anu replacement, including
compensation for additional professttsnal servi:n :hall tx
paid by CONTRACTOR
4c't W4Ace o,J Dfirctrve Work
1) 13 if, instal of requiring ;orrectton or removal and
repU digs tit of defative Wnrk. OWNER land, prior to
ENGIINIEER's rtctatssretrsdairon osf final payment, also Err11
NEER►geefers toat,cety f)v#%ER ntav J i u In >iiih cast.
4 acemaius, occurs prtor 10 E%GI%FFR's ecwnmendai,.>n
of final pavmcit. a Change Order shall he issued incorporat-
ing the necessary revisions in the Contract Documents, includ-
ing appropriate reduction in the Canrract Price: or. if the ac-
ceptance xcurs after such tecornmenaatton, an appropriate
amount ,hall be pz,d by ('OtdTI(ACTOR m OWNER.
OW VER .Wa.v Cerrec•r Defect,ve Work
13.14. if CONTRACTOR falls within a reasonable time
after written notice of ENGINEER to proceed to correct aea
to corner •'ective Work or to remove and replace rejected
Work as red .,red by ENGINEER in accordance with pars
graph 13.11. r: r CONTRACTOk falls to per.'orm the Work
in accordance with the Cantract Documents (including any re-
quireint .its of the progress scheduler. OWNER may, after
seven days' written notice :o CONTRACTUR, correct and
remedy anv such dtfic;encs. In exercising his rights under this
paragraph OWNER shall proceed expeditiously. Totheextent
necessary to complete corrective and remedial action.
OWNER may exclude CONTRACTOR trom all at part of
the site. take possession of all or part of the work, and sus-
pend CONTRACTOR's services related thereto. take posses-
sion of CONTRACTOR's tools, appliances, constru.•tton
equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for
which OWNER has paid CONTRACTOR but which are
stored els.where. CONTRACTOR shall all.ry OWNER.
OWNER s -epresentatives, agents and employees such access
to the site as may be necessary to enable OWNER to exercise
his rights under this paragraph. All (blea lied indirect costs of
OWNER in exercising such nghis shall be charged against
CONTRACTOR in an amount -.trifled by ENGINEER. and a
Change Order shall be issued .ncorporating the necessary revi-
sions in the Contract Documents and a reduction in the Can -
train Price Such direct and indirect costs .halt include, in MU-
ticu{ar but without !imitation. compensation for additional
professional services required and all costs m repair and
replacement of work of athers Jesuoyed or damaged l.v ,or
re.tion, removal or replacement of CONTRACTOR'S Jetc.-
tive Work. CONTRACTOR shall not be allowed an extension
of the Contract Time because jf anv delay in performance -,f
the Work attributable !o the exercise by OWNER of
OW'NER's rights hereunder
IIRTICLE la —PAYMENTS TO CONTRACTOR AND
COMPLETION
SchedWa
la 1 At least ten Jess prior to vubmittang the first Appli-
;ation for a progress payment, CONTRACTOR shalt lexcept
as )therwtse specified in the General Requt.ensentsl subastt to
ENGINEER a progress .chedule. a final sihedtile of Sh"
Drawing submission a^d *heft itpplicaltltt a schedUM of val-
ues of the Work These schedule ."bl saetsfa.aaer to form
and substance to ENGINEER Lhe sg6moliket vden taiall in-
clude quantities and init prices 1011e COnttact
Price. and shall tubdiv ide 'he Work me eow4mo tt Pori-, :n
staffiaem detail to serve at he hasb for "mom oayllisortts
during ;onstri-c-on L pan ac:et+taftc of the WhOdule of vM
tie+ try E NC, { N E E R t snal i 9e ncorpm ad ittsto o f orsa of
4pp4!cation list pwrsins a:ceptaMe tot EN(,thiEER
rw.
w
L�
r
s
+..
Application for Progress Pavment:
14.2. At least ten days before each progress payment fall:
due (but not more often than once a month). CONTRACTOR
shall submit to ENGINEER for review ru Application for
Pavment filled out and signed by CONTRACTOR covering
the Work completed as of the date of the Application and
accompanieu by such supporting documentation as is
required by the Contract Document, and also as ENGINEER
may reasonably- require. If payment is requested on the basis
of materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another location
agreed to in writing, the Application fur Pavment :hall also be
accompanied by such data. satisfactory to OWNER, as will
establish OWNER's title to the material and equipment and
protect OWNER's interest therein, including applicable
insurance. Each subsequent Application for Payment shall
include an affidavit of CONTRACTOR stating that all
previous progress payments received on account of .he Work
have been applied to discharge to full all of CONTRACTOR';
obligations reflected in prior Applications for Payment. The
amount of retainage with respect ;o progress payments will be
as stipulated in the Agreement.
CO.%TR.4CTOR's Is or.antc ui Title
14.3. CONTRACTOR warrams and gu. rantees that title
to all Work. material, and equipment covered by anv Appli-
cation for Payment. whether incorporated in the Project or
not. will pass to O%\ NER at the time of payment free and
clear of all liens, claims. security interests and encumbrances
thereafter in these General Conditions referred to as
"Liens").
Re. iew of Applications for Progress PaYment:
14 4 ENGiNECR will, within ten days after receipt of
each Application for Pavment, either indicate in writing a rec-
ommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
..ating in writing ENGINEER's reasons for refusing to recom-
mend payment In the latter case. CONTRACTOR may make
the necessary cirrections and resubmit the Application
OWNER shag, within ten days of presentation to him of the
Application for Pavment with ENGINEER's recommenda-
tion pay CONTRACTOR the amount recommended
14 S. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a rep-
resentation by ENGINEER to OWNER, based on ENGi-
NEER's on -litre observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review [`. a Application for Payment and the
accompanying and schedules that the Work has pro-
gressed to tht ,joint indicated, that, to the best of
ENGINEER's knowledge, information and belief, the quality
of the work is in accordance with the Contract Documents
(subject to an evaluation of the work as a functioning Proiect
upon Substantial Completion, to the results of any subsequent
tests called for in the contract Documents and any qualifica-
tions stated in the recomrr-nlatlon and that CO%TR (_
TOR is entitled to pavment of the amount recommended
However, by recommending am such payment ENGINEER
will not thereby be deemed to have represented that e(hausolle
or continuous on -site inspections have been made to -he.k ;he
quality or the quantity of the Work. or that the means,
methods, techniques, sequences, and procedures of construc-
tion have been reviewed or that any examination has been
made to ascertain how or for what purpose CONTRACTOR
has used the moneys paid or to be paid to CONTRACTOR on
account of the Contract Price, or that title to anv work,
materials or equipment has passed to OWNER free and clear
of any Liens.
14 b :"r,'NEER'i recommendation of Enal payment
will constitute an additional representation by ENGINEER to
OWNER that the conditions precedent to CONTRACTOR's
being emitled to final payment as set forth in paragraph 14.13
have been fulfilled.
14.- ENGINEER may refuse ;o recommend the whole or
any part of any payment if, in his opinion, it would be Incor-
rect to make such representations to OWNER. He may also
refuse to recommend any such payment, or. because of subse-
quently discovered eviden:c or the results of subsequent in-
spections or tests, nullify and such payment previously recom-
mended to such eytent as may be necessary in ENGiNEER's
)pinion to protect OWNER from loss because.
14.'.I the work a defective. or :ornpleted Work has
been damaged reu-imng correction or replacement.
14.'.: written claims have been made against
OWNER or Liens have been filed in connection with the
Work,
14.'.3. the Contract Price has seen seduced Because of
Modifications.
14.'.4. OA NER has been required to correct defective
work or complete the work in accordance wi,h paragraph
13.14,
14 ' S of CONTRACTOR's unsatisfactory prosecu-
tion of the Work in accordance with the Contract
Documents, or
14.- 6 CONTRACTOR'S failure to make oavment to
Subcontractors. or for labor. materials or equipment
Substantial Compietroft.
14A. When CONTRACTOR .onsiders the entire Work
ready for its inter.ded use CONTRACTOR shall, in writing to
OWNER and ENGINEER. :catty that the entire Work s
substantially complete and request that ENGINEER Issue
cernficate of Substantial Completion. Within a reasonable
r•me thereafter. OWNER. CONTRACTOR and ENGINEER
shall make an inspection of the work to determine the status
of completion. if ENGINEER .loos not consider the work
iubstantially complete, ENGINEER will notify CONTRAC-
TOR in writing g-ving his reasons therefor If ENGINEER
:onsiders the Work substantially :omplete. ENGINEER will
0.0
4
or
prepare and deliver to OWNER a tentative certificate of Sub-
stantial Completion which shall fir the date of Substantial
Completion. There shall be attached to the certificate a tenta-
tive list of items to be completed or corrected before final pay-
ment. OW NER shall have seven days after receipt of tht ten-
tative certificate during which he may make written objection
to ENGINEER as to an+ provisions of the certificate or
attached list. If, after considering such objections, ENGI-
NEER conc!ud that the Work is not substantially complete.
ENGINEER w othin fourteen days after submission of the
tentative certifivate to OWNER notify CONTRACTOR in
writing, stating his reasons therefor. If, after consideration of
OW'NER's objections, ENGINEER considers the Work sub-
stantially complete, ENGINEER will withir said fourteen
days execute and deliver to OWNER and 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 justi-
fied after consideration of any objections from OWNER At
the time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and CON-
TRACTOR a written recommendation as to division of re-
sponsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety.
maintenance, heat, utilities and insuram e. Unless OWNER
and CONTRACTOR agree otherwise in writing and so in-
form ENGINEER pr,: r to his issuing he definitive .ertificate
of Substantial Completion ENGINEER's aforesaid recom-
mendation will be binding on OWNER and CONTRACTOR
until fiial payment.
14 9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion, but OWNER shall allow CONTRACTOR reasonable
-access to complete or correct items on the tentative list
Partial Utilization
14.10. Use by OWNER of completed portions of the
Work may be accomplished prior to Substantial Completion
of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit O*XNER to use any part
of the Work which OWNER believes to be substantially
complete and which may be so used without significant
interference with construction of the other parts of th
Work. If CONTRACTOR agrees, CONTRACTOR wii,
certify to OWNER and ENGINEER that said part of the
Work is substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that part
of the Work Within a reasonable time thereafter
OWNER. CONTRACTOR and ENGIN hall make
an inspection of that part of the Work Tune its
status A completion. If ENGINEER coder
that part of the work to be substantially umpiete. EN
GINEER will notify OWNER and CONTRACTOR in
writing gising his reasons therefor If ENGINEER con-
siders thi..' part of the Work to be substantially complete.
ENGINEER will execute and deliver to OWNER and
CONTRACTOR i certificate to that effect, fixing the date
of Substantial Completion as :o that part of the Work,
attaching thereto a tentative list of items to be _ompleted
or corrected before final payment Prior to issuing a cer!i-
ficate of Substantial Completion as to part of the Work
ENGINEER will deliver to OWNER and CONTRACTOR
a written recommendation as to the division of responsi-
bilities pending final payment between OWNER and CON-
TRACTOR with respect to security, operation. safety,
maintenance, utilities and insurance for that part of the
Work which shall become binding upon OWNER and
CONTRACTOR at the time of issuing the deffnitne _er-
nficate of Substantial Completion as to that part of the
Work unless OWNER and CONTRACTOR shall have
otherwise agreed in writing and so informed ENGINEER.
OWNER shall have the right to exclude CONTRACTOR
from any part of the Work which ENGINEER has so certi-
fied to be substantially complete, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
14.10.: In lieu of the issuance of a certificate of Sub-
stantial Completion as to part of the Work. OWNER may
take over operation of a facility constituting part of the
Work whether or not it is substantia!ly complete if such
facility is functionally and separately useable: provided
:hat prior to any such takeover. OWNER and CONTRAC-
TOR have agreed as �o the division of responsibilities
between OW NER and CONTRACTOR for securits, oper-
ation, safer, maintenance. correction period, heat, utth-
ties and insurance with respect to such facility.
14.10.3. No occupancy of part of the Work or taking
over of operations of a facility will be accomplished prior
to compliance with the requirements of paragraph 5 14 in
respect of property insurance.
Final Inspecitoo.
14 11 l pon written notice from CON^RACTOR that
the Work is ;omplete. ENGINEER will make a final :nspec-
tion with OWNER and CONTRACTOR and will notify
CONTRACTOR -n writing of ail particulars to which this in-
spection reveals that the work is incomplete or defective.
LONTRACTOR shall immediately take such measures as are
necessary to remedy such deficiencies.
Final Appitcarron for Payment
14 12. -%tier CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and Jelive-red all
maintenance and operating instructions, schedules, guaran-
tees. Bonds. certificates of inspection, marked -up record
documents and other documents —all as required by the Con-
tract Documents. and after ENGINEER has:noicatecl that the
Work is acceptable isubiect to the provisions of paragraph
14 161 CONTRACTOR max make application for 'trial pay-
ment following the procedure for progress payments The
final Application for Payment shall be accompanied by all
Jo:urrentation called 'or in he Contract Documents and such
other data and schedules as ENGINEER mas reasonably re -
Quire, together with comptete and 'egally effective releases ar
oft
waivers Isatisfactory to OWNER) of all Liens arising out of
or filed in connection with the Work. In lieu thereof and as
approved by OWNER, CONTRACTOR may furnish receipts
or releases in full. an affidavit of CONTRACTOR that the re-
leases and receipts include all labor, services, material and
equipment for which a Lien could be filed, and that all pay-
rolls, material and equipment bills, and other indebtedness
r)nnected with the Work for which OWNER or his property
might in any way be responsible, have been paid or otherwise
satisfied: and consent of the Surety, it any, to final payment
If any Subcontractor, manufacturer, fabricator, supplier or
distributor fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Final Payment and .4cceptance:
14.13 If, on the basis of ENGINEER') observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation —all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR has fulfilled all of
his obligations under the Contract Dor:ume: ts, ENGINEER
will, within ten days after receipt of the final Application for
Payment, indicate in writing his recommendation of payment
and present the Application to OWNER for payment. There-
upon ENGINEER will gne written notice to OWNFR and
CONTRACTOR that the Work is acceptable sub)ect to the
provisions of paragraph 14 16. Otherwise, ENGINEER will
return the Application to CONTRACTOR, indicating in
writing the reasons for refusing to recommend Tina! pay-
ment, in which case CONTRACTOR shall make the neces,ar.
corrections and resubmit the Application. If the Application
and accompar,ving documentation are appropr ate as to form
and substance, OWNER shall, within thirty days after receipt
thereof pay CONTRACTOR the amount recommended by
ENGINEER
14.14. If, through no fault of CONTRACTOR, !trial com-
pletion of the Work is significantly delayed thereof and it
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and recom-
mendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work no! fully completed
or corrected is less than the retainage stipulated in the Agree
ment, and if Bonds have been luinished as required in para
graph S I, the written consent of the Surety to the payment of
the balance due for that portion of the Work fully completeu
ans.' accepted )hall be submitted by CONTRACTOR to EN-
GINELR with the Application for such payment. Such pay-
ment had he made under the :erms and conditions governing
final payment, except that if shall not constitute a waiver of
claims
C•ont►acror's Continuing Obligation
14 15 CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
:3
shall be absolute Neither recommendation of any progress or
final payment by ENGINEER, nor the issuance at' a cernfi-
cate of Substantial Completion, nor any payment by OWNER
to CONTRACTOR under the Contract Documents, nor any
use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor the issuance of a notice of acceptability
by ENGINEER pursuant to paragraph 14 13. nor any correc-
tion of defective Work by OWNER shall constitute an accept-
ance of Work not in accordance Aith the Contract Document
or a release of CONTRACTOR's obligation to perform :he
Work in accordance with -h- Contract Documents.
Waiver of Claims:
Is 16. The making and acceptance of final payment shall
constitute:
14.16 I. a waiver of all claims by OWNER against
CONTRACTOR. except claims arising from unsettled
Liens, from defective Work appearing after final inspec-
tion pursuant to paragraph la It or from failure to
c.,mply with the Contract Documents or the terms of any
special guarantees specified therein: however, it shall not
constitute a waiver by OWNER of any rights in respect of
CONTRACTOR') continuing obligations under the
Contracr Documents: and
14 16.2. a wailer of all claims by CONTRACTOR
against OWNER other than those previously made in %,ic-
ing and still unsettled.
ARTICLE IS—SUSPENSIONOF WORK AND
TERMINATION
Owner May Suspend Work
15 1. OWNER may, at any time and without causc, sus.
pend the Work or any portion thereof for a pert -d of not
more than ninety days by notice in writing to CONTRAC-
TOR and ENGINEER which sh.11 fix the date on which Work
shall be resumed CONTRACTOR shall resume the Rork on
the date so fixed. CONTRACTOR will be allowed an increase
in the Contract Price or an extension of the Contract Time. or
both, directly attributable to am suspension if he makes a
Jaini therefor as provided in Articles I I and 12.
Owner Wav Terminate
15 _ Upon the xzurrence of anv one or more of the
following event
15 _ I ,f CONTRACTOR is adjudged a bankrupt or
insolver;t.
15 2.2. if CONTRACTOR makes a general assign-
ment for the benefit of creditors.
15.1.3. if a trustee or receiver ,s appointed for CO '-
TRACTOR or for any of CONTRACTOR', proper: s
111111111
i5.2.4. if CONTRACTOR tiles a petition to'ake Ad-
vantage of any debtor's act, or to reorganize under the
bankruptcy or similar laws,
15.2.5. if CONTRACTOR repeatedly fails to supply
sufficient skilled workmen or suitable materials or
equipment.
15.2.6. if CONTRACTOR repeatedly fails to make
prompt payments to Subcontractors or for labor, materials
or equipment,
15.2.7. if CONTRACTOR disregards laws• ordi-
nances, rules, regulations or orders of any public body
has ing jurisdiction,
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER, or
I5.2.9. if CONTRACTOR otherwise violates in any
substantial way any prove sons of the Contract
Documents.
OWNER may after giving CONTRACTOR and his Suretv
seven days' written notice, terminate the services of CON-
TRACTOR, exclude C YNTRACTOR from the site and rake
possession of the WorK and of all CONTRACTOR's tools.
appliances, construction equipment and machinery at the site
and use the same to the full extent they could be used by CON-
TRACTOR (without liability to CONTRACTOR for trespass
or conversion!, incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. and finish
the Work as OWNER may deem expedient In such case
CONTRACTOR shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of
the Contract Price exceeds the direct and indirect costs of
completing the Work. including comFensation for additional
professional sere ices, such excess shall be paid to CONTRAC
TOR. If such costs exceed such unpaid balance, CONTRAC-
TOR shall pay the difference to OWNER. Such :osts incurred
by OWNER shall be verified by ENGINEER and .ncorpo-
rated in a Change Order, but in finishing the µork OWNER
shall riot be -equired to obtain the Ic -west figure for the Work
performed.
15.3 where CONTRACTOR', scry :es !cave been so
terminated by OWNER. the termination shall not affect any
nghts of OWNER against CONTRACTOR then existing or
which may thereafter accrue. A:tv retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4 Upon seven days' writ-n notice to CONTRACTOR
and ENGINEER. OWNER may, without cause and without
prejudice to anv other right or remedy, elect to abandon the
Work and terminate the Agreement. In such case. CON-
TRACTOR shall be paid for all Work executed and any ex
pence sustained plus reasonable termination expenses
Conrracror tfay Stop Work or Terminate:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an crder of tour! or other public authoniv.
or ENGINEER fails to act on am Application for Payment
within they Aays after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finaliv deter-
mined to be due, then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expensesin addition and In lieu of terminating
the Agreement EN• .INEER has failed to act on an Appli-
cation for Pav VNER has failed to make any pay-
ment as afore5 , .""RACTOR may upon seven days'
notice to OWNL .-�GINEER stop the Work until pay-
ment of ail !mou,. ,hen due. Th- provisions of this para-
graph hall not relieve k OvTRAt- TOR of his obiigations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
ARTICLE 16—ARBITRATION
16A All claims• disputes and other matters in question
between OWNER and CONTRACTOR arising out of, or re-
lating to the Contract Documents or the breach thereof except
for claims which have beer, waived Iv the making or accept-
ance of final payment as provided by paragiaph Ii '6, shall
be decided by arbitration in accordance with the Construction
indusiry Arbitration Rules of 'he American .Arbitration Asso-
ciation then obtaining subject to ine limitations of this Artic!e
16 This agreement so to arbitrate and am other agreement or
:onsent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the pr,-sailing arbitration law of any court having juris-
diction.
16.:. No demand for arbitration of am claim. dispute or
other matter that :s required to be referred to ENGINEER int-
ualiv for decision in accordance with paragraph 9 9 shall be
made until the earlier of tat the date on which ENGINEER
has rendered a decision or ibj the tenth day after the parties
nave presented their evidence to ENGINEER if a +ritten dect-
ston has not heen rendered by ENGINEER before that date
No demand for arbitration of any st.ch claim. dispute or other
matter shall be made later than thirty days after the date on
which ENGINEER nas rendered a written decision in respect
;hereof in accordance with paragraph 9 9: and the failure to
demand arbitration within said'hirty days' period shall result
in ENGINEER': decision being final and binding upon
OWNER and CONTRACTOR If ENGINEER renders a de-
cision after arbitration proceedings have been initiated. such
decision may be entered as evidence but shah not supersede
the ubitraaon proceedings. except where the decision is
acceptable to the parties concerned
16 3 Notice of the demand for arbitration shall be : iced :n
writing with the other parts to he Agreement and -Ann the
:b
i5.2.4. if CONTRACTOR tiles a petition to'ake Ad-
vantage of any debtor's act, or to reorganize under the
bankruptcy or similar laws,
15.2.5. if CONTRACTOR repeatedly fails to supply
sufficient skilled workmen or suitable materials or
equipment.
15.2.6. if CONTRACTOR repeatedly fails to make
prompt payments to Subcontractors or for labor, materials
or equipment,
15.2.7. if CONTRACTOR disregards laws• ordi-
nances, rules, regulations or orders of any public body
has ing jurisdiction,
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER, or
I5.2.9. if CONTRACTOR otherwise violates in any
substantial way any prove sons of the Contract
Documents.
OWNER may after giving CONTRACTOR and his Suretv
seven days' written notice, terminate the services of CON-
TRACTOR, exclude C YNTRACTOR from the site and rake
possession of the WorK and of all CONTRACTOR's tools.
appliances, construction equipment and machinery at the site
and use the same to the full extent they could be used by CON-
TRACTOR (without liability to CONTRACTOR for trespass
or conversion!, incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. and finish
the Work as OWNER may deem expedient In such case
CONTRACTOR shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of
the Contract Price exceeds the direct and indirect costs of
completing the Work. including comFensation for additional
professional sere ices, such excess shall be paid to CONTRAC
TOR. If such costs exceed such unpaid balance, CONTRAC-
TOR shall pay the difference to OWNER. Such :osts incurred
by OWNER shall be verified by ENGINEER and .ncorpo-
rated in a Change Order, but in finishing the µork OWNER
shall riot be -equired to obtain the Ic -west figure for the Work
performed.
15.3 where CONTRACTOR', scry :es !cave been so
terminated by OWNER. the termination shall not affect any
nghts of OWNER against CONTRACTOR then existing or
which may thereafter accrue. A:tv retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4 Upon seven days' writ-n notice to CONTRACTOR
and ENGINEER. OWNER may, without cause and without
prejudice to anv other right or remedy, elect to abandon the
Work and terminate the Agreement. In such case. CON-
TRACTOR shall be paid for all Work executed and any ex
pence sustained plus reasonable termination expenses
Conrracror tfay Stop Work or Terminate:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an crder of tour! or other public authoniv.
or ENGINEER fails to act on am Application for Payment
within they Aays after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finaliv deter-
mined to be due, then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expensesin addition and In lieu of terminating
the Agreement EN• .INEER has failed to act on an Appli-
cation for Pav VNER has failed to make any pay-
ment as afore5 , .""RACTOR may upon seven days'
notice to OWNL .-�GINEER stop the Work until pay-
ment of ail !mou,. ,hen due. Th- provisions of this para-
graph hall not relieve k OvTRAt- TOR of his obiigations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
ARTICLE 16—ARBITRATION
16A All claims• disputes and other matters in question
between OWNER and CONTRACTOR arising out of, or re-
lating to the Contract Documents or the breach thereof except
for claims which have beer, waived Iv the making or accept-
ance of final payment as provided by paragiaph Ii '6, shall
be decided by arbitration in accordance with the Construction
indusiry Arbitration Rules of 'he American .Arbitration Asso-
ciation then obtaining subject to ine limitations of this Artic!e
16 This agreement so to arbitrate and am other agreement or
:onsent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the pr,-sailing arbitration law of any court having juris-
diction.
16.:. No demand for arbitration of am claim. dispute or
other matter that :s required to be referred to ENGINEER int-
ualiv for decision in accordance with paragraph 9 9 shall be
made until the earlier of tat the date on which ENGINEER
has rendered a decision or ibj the tenth day after the parties
nave presented their evidence to ENGINEER if a +ritten dect-
ston has not heen rendered by ENGINEER before that date
No demand for arbitration of any st.ch claim. dispute or other
matter shall be made later than thirty days after the date on
which ENGINEER nas rendered a written decision in respect
;hereof in accordance with paragraph 9 9: and the failure to
demand arbitration within said'hirty days' period shall result
in ENGINEER': decision being final and binding upon
OWNER and CONTRACTOR If ENGINEER renders a de-
cision after arbitration proceedings have been initiated. such
decision may be entered as evidence but shah not supersede
the ubitraaon proceedings. except where the decision is
acceptable to the parties concerned
16 3 Notice of the demand for arbitration shall be : iced :n
writing with the other parts to he Agreement and -Ann the
:b
American Arbitration Association, and a copy shall be sent to
ENGINEER for information. The demand for arbitration
shall be made within the thirty -day period specified in para-
graph 16.2 where applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen. and in no event shall any such demand be
made after institution of legal or equitable proceedings based
on such claim, dispute or other matter ,n question -would be
barred by the applicable statute of limitations.
16.4. No arbitration arising out of or relating to the Con-
tract Documents shall include by consolidation, joinder or in
any other manner any other person or entity (including ENGI-
NEER, his agents, employees or consultants) who is not a
party to this Agreement unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration.
16.4.2. such other person or entity is substantially in-
volved in a question of law or fact which is common to
those who are already parties to the arbitration and which
will arise in such proceedings and
16.4.3. the written consent of the other person or
entity sought to be included and -of OWNER and CON-
TRACTOR has been obtained for such inclusion• whi
consent shall make specific reference to this paragrap...
but no such consent shall constitute consent to arbitration
of any dispute not specifically described in such consent or
to arbitration with any party not specifically identified in
such consent.
16.5. The award rendered by the arbitrators will be final,
t�.
judgment may oe entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
ap-peal except to the extent permi-ted by Sections 10 and I I of
the Federal .Arbitration Act (9 U-S C 3410. 11
ARTICLE 17—AISCELLANEOUS
Giving :notice:
17.1 Whenever any provision of the Contract Documents
requires ine giving of written notice it shall be deemed to have
wr
11
been validly given !f dehyered in person :o the .ndividual or to
a member of the firm or to an officer of the corporation for
•.vhom it is intended. jr f delivered at or sent by registered or
certified mail, postage prepaid. to the last business address
known to the giver of the notice.
Computation o(Time:
17.2. When any period of time is referred to in the Con-
tract Documents by days, it shall be :omputed to exclude the
first and include the last day of such period. If :he last day of
any such period falls on a Saturday or Sunday or on a day
made a legal holiday by ;he law of the applicable junsdie:on
such day shall be omitted from the computation.
General
11.3. Should OWNER or CONTRACTOR suffer injury
or damag•- .o his person or property because of any error,
omission or aft of the other party or of any of the other
par -employees or agents or others for whose acts :he other
party is legally liable, :laim shall be made in writing to the
other party within a reasonable time of th, first observant: of
such injury or damage.
1" 4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and, in particular but without
limitation. the warranties, guarantees and obligations im-
posed upon. CONTRACTOR by paragraphs 6 30. 111. 13.11.
13.14, 14.3 and 15.2 and all if the rights and remedies avail-
able to OWNER and ENGINEER the,eunder, shall be in ad-
dition to. and shall not be :onstrued in any way as a limitation
of, any rights and remedies available o any or all of them
which are otherwise imposed or available by law or contract,
by special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this paragraph
shall be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion, right and remedy :o which they apply .All represer•ta-
tions. warranties and guarantees made in :he Contract Docu-
ments shall survive final payment and termination or :emple-
tion .-I - ,s Agreement
r
r-
Section Ingo SUPFLcidraTAL GENERAL CC.�DiT?Cris Pace 1 of 2
_. This s,ctlon of the Specifications modifies or aV s to certain
Articles of th(. Standard General CondItions of the Construction
Contract.
Ac3TICL- 1. D6F'INI2IC:4::.
E::GINE—Ld
Wherever the term ?n¢ineer is riser' or appears in this .Article or
any other specification or Contract Document, it shall meon
Gordon R. Coffin Co., Inc., 3025 t:atertown Road, Lona Lake, Minn.
t
., "Owner" as used in the Contract Document shall mean
.. '
ARTICLE
2. PRELIMINARY MATTERS.
Add to Article 2.3. Commencement of Contract
Time; Notice to Proceed.
The Notice
to Proceed may be given orally
or in writing.
ARTICLE
5. BOND5 Ai,1D INL)URANXE.
Liability
Inrurence.
Add to Article 5.3, Contractor's
5.3.7.
Unless otherwise specified in
the Contract Documents, the
minimum
limits for liability insurance
shall '-e as follows or as
required
by law, whichever is acreaters
I
.1
6orkmen's Compensation
As required by law
.2
Employee's Liability
$1009000
.3
Bodily Injury - for
3250,000 each person
each of Publi: Liability
$511)(19000 each occurrence
and automobile
.4
Property Damage -
31009000 each occurrence
iublic Liability
12009000 airQreaate
.5
Property DAmcwe -
3100,000 each occurrence
Automobile
.6
Personal Injury
$2509000 each person
.r�
$500,000 each occurrence
.7
Contractual Liability
Same limits as .3 and .4
above
.8
Umbrella EYcess Llabilirv%
If such policy is used to
supi;lement the unlerlytnit limits, it shall be wrl*ten
for not leer than 41,000,000
and both the unlerl•.inx
policy and the umbrella folic.
shall provide for
+"
X-C-U cover%ee .
Fade 2 of 2
AV the following to Article 5 as subparagraphs 5.3.8 and 5.3.9
5.3.8•"he Contractor is solely responsible to purchase and pro-
vide adequate and adl:itional insurance for wor'- under the Contract,
subject to the specified minimum require -eats. The insurance shall
be written on a Cimbination Comprehensive Liability Form with Board
Form Property Damgo-e cover3=e.
5.3.9. The Contractor's Contractual=.13bility Insurance shall cover
the Contractor's obligations under paragraphs 6.30 - 6.32. In-
surance for sold agreement shall, as a minimum, prc^'_de limits as
~' specified for any claim arising out of the hold harmless agreement
.. and said limits shall not be reduced as the result of any claim
made under Public Liability Insurance.
AATICU 6. CGNTaACrGd'S dr;SPOtISIBILI:'IL::.
.J
Add the following to paragraph 6.4t
The General Contractor shall make all necesrary arranaements for
the securing of temporary permits for the installation of electric
light, power, ana rater during the term of c^nstruction under the
Contract.
0
Zm
Section 0101 SPECIAL CONDITIONS
1. The Contractor shall immediately repair or replace at his own expense
any defective workmanship or material of which he is notified during
-- the construction period, or within one year after the date of final
acceptance of the work, regardless of the approval and acceptance of
the work.
2. City street used for access to the construction site shall be kept
free of dirt and other debris resulting from said construction.
Adequate dust control shall also be maintained.
3. The Contractor shall submit a list of materials and respective
supplies and all tests of materials to the City Engineer. The City
:hall be supplied with a list of all sub -contractors.
4. Compaction and material tests shall be paid fir by the Owner. However,
if any tests should fail to meet specifications, the Contractor will be
required to reimburse the Owner for costs of all subsequent re -testing
necessary to insure compliance with the specifications.
5. The bid price for all items shall include complete construction in
place. Nc additional compensation shall be made for adjusting man-
holes, etc., to final finished grade.
6. Dewatering trenches will be considered incidental to the price per
lineal foot of pipe installed with no extra compensation received.
7. Any damage to the existing road during construction will be repaired
at the Contractor's expense.
:w
8. Unsuitable foundation material shall be replaced with porous back*ill
material (crushed rock) conforming to WO 3137 CA-1, minimum size
•
3/4". Payment will be on the ton basis. The contractor will not be
paid for binder stone where it is used only to facilitate dewatering
of the trenches.
�. Should the contractor fail to complete the work on or before
, the Owner will be entitled to damages amounting
s
to one hundred dollars ($100.00) per calendar day. This $10 0.30 per
•.
day together with the amount of any extra charges for engineering
services or inspection occasioned by the delay in completion, shall
be the amount per day agreed upon as liquidated damages, and not as
a penalty in lieu of actual damages the owner would sustain.
so
be
be
Section 0256 SANITr"►3Y SEAER Fage 1 of 10
1. General - the work contracted for under this seetinn of the
spe— cifications includes all labor, enult.mPnt and materiq?s
to construct, complete in p1A.ce, the sknitary sewers And
aFrurtanances. All pi..e, fittt:Ws and api-urtenanees shall
be furnished ani installet in place, connec-el up aml tested,
and regdv for full oLer9tion before final ;arment will be
made. This is standard stecifiention; refer to *he clans
ae to the appurtenances required for this particv l�r project.
2. Piae - All Dire .;hall he visually inspected in `he ft�ld
or specification conformance An! r1nall be ne:: and in first-
class condition.
A. Vitrified Cla. Pipe - Shall be extra strength vitrified
e ev Dice A.S.T.M. Designation -200, with resi-
lient factory -fabricated jointtne connection in accordance
with A.S.T.M. Desixnation C-425. nve branches for clay
pipe shall be 4" wye E.S.V.C.F. with an aproved adaptor
to accept the 4" C.I.S.P.
B.
1einf red Concrete Pine - Shall meAt the requiremen*s
of A.S.T.M. Desianstion C-76 with class as shown on the
plans. Pipe joints sh311 meet the requirements of
A.S.T.M. Specification C-361; Bureau of geclama':ton,
and shall be R-4 or CX-4 type joints.
CO
A.B.S.C. - Shall be "Armco Truss Fipe", or eqqual,
conforming to the requirements of A.S.r.M. D-2690-70,
with chemically welded joints. All ends of the com-
posite pipe shall bP coy*ed with APS joint cement to
r`
enable the line to be air tested. Six inch ASS pipe
L
shall he solid wall manufactured in accordance with
A.S.T.M. D-1708, and shall be "Armco ExtrA Strength"
LD.
service pipe or equal.
PV,,C, Sewer Five - Shall be rigid polyvinyl chloride
sewer pipe conforming to A.S.T.M. Specification
D-3034-74 SDR 35, Heavy ',all. The pi-e r1nall have
bell and spigot solvent, cement arolied in accordance
with the manufacturer's recom-endntions. Gasketed
push -on type joints are considered equal. Flpe en-
trance to manhole shall "^e sealed tteht with o-ring
gaskets. An approved comm"rcial adst'or joint shall
be used to connect the 4" cast iron soil pipe service
Lto
the >r.V.C. pipe.
E.
Iron Fipe - Shall conform with the requirede-nts
.2uctile
of ASA Specification A-21.51 and he of the class Rrd
jIr
type sta**d on Vie plans. All iuctlle iron pipe steel!
have mechanical or push -on type joints and sl,,all have
a standard thickness mortar lintne in accordance with
ASA Specification 4-21.4.
t'
L
OW
pace 2 of 10
Basis of paym:nt for pipe shall be on t%le lineal foot basis
for egnh type, si:e and dertn brac-•et as in,11egted on the
proposal. All messur9ments will be along the ce•iterline
of the pl;a and from center to center of nanhole or
aprurtenent structure. Depth bracket will be nensured from
tree Around line to the pipe invert.
3. Manholes - Precast manholes shall re of reinforce•i concrete,
as naniifnct,irP 4 by CreteT Company, or approved ea,iRl, fvr-
nished with rurber caskets and re-cnRt hale. See detailed
,fti plates. Basis of pavment for manholes will be a manhole
Item and manhol , over epth. :;anhole ct;stines shall be
Neenah R-1642B with n-inchined bearing surfaces with two
conceRled c ic', holes, or equal, with SANI'MRY SEER
stamped on the cover.
4. Sewer ;.service Connection - I~ 'hall 'he the duty of the con-
tractor to keep a record of newer service :rye locations
with respect to the neRrent. •iownstreRm manhole, but the
r Envineer will record ties on the en! of all sewer services
at the property line. '-tihe,, installinz sewer services the
contractor shall, before bac',,filling, contact the engineer
or his representative, and Rssist him in making* ties to
the end of tie_Fervice in the open trench. At least two
ties shall he TRIe for each service, and if bncvfllling
proceeds before such ties are --qde, the contractor shall
r.. dip up the ent of all such services, with no adlitional
compensation, for t'ie purpose of making ties. Recorded
with the ties s".all be sire ad depth of service. During
backfil,ina the contractor shall furnish And place a
vertical 2 inch by 2 inch wooden Ftave set fl;iRh with
,. finishei around surface, and extending down to the end
of the sewer service.
The contractor shall construct 4 inc!, cast
iron soil oi.pe
(C.I.S.i-.) house services as shown on plate
S3-1, and
shall extend such house c-)nnectlons to the
property line.
All house connections shall ?se capped by an
air tioht
rtotper, firmly set in p19ce to prevent any
water entering
t-ie serer until the connection 13 pl^eed in
service And
fastened or braced to per -.it Rir testing of
the pipe.
The contractor shall provide the necessar,
woes, tees, a^,d
bends to bring the service to the proper cln-e
sit the �ro-
"'
porty line.
"A" Service Connections are to be
constructed where
shown in t",e plans at all coin's where
the depth of a-ver
over the top of the pipe is less than 12
feet or as
determinel by the Inspector. JPe detail
F10ites.
Type "B" Serv' r`onnect o are to be
constr�ictel where
s,)own n the ans s all pi'r`s who!-e
the ieuth of cover
over the to,, 3f the pipe it twely- (12)
feet or -ore or
as determined ?Nv the In.soect..or. See detail
pll'es.
P_
Faze 3 -)f 10
Basis of 1a.mt n` for services will -e t%+P lineal feet of
service � i_: e lnctalled r llis a t-;, P "A" or "B" service
connection item.
5. Fipe Foundation - Foundation for pipe server shall be in
conformance with MHD Specification 2451.3C2, except that
unsult•able foundation material shall he replaced with
porous backflll (crushed rock) conforming to MHD 3137 CA-19
minimum si-e 3/4". Payment for pipe bedlina material
shall bt on the ton basis. The contractor will not be paid
for binder stone where it is used only to f-cilitate de-
waterinp. !!aul slips showing tonnage of all caarcregate
w material delivered to the job sitQ shall be submitted to
the nFineer on a iaily basis. No payment will be made for
material w'-tn the haul slips are submitted later t'ian one
workinz da✓ followinu lelivery of the material.
6. Eycavatlon an! Pre aratlor. of Trench - The trench shall be
dug to t^,e aliznment RnA depth shown on the plans and on1;r
.� so far in a"vance of construction as the Inspector shall
per At. The sides of the trench shall "e sloped and/or
braced and the trench drained so that wor'rmen car. .:or= safely
and efficiently. It is essen'ial that discharee pumps be
laid to natural drRinnge channels or to 3raln sewers.
Irr
Trench widths at the to: of the excavation nav var:i depending
.. u on the ierth of trench and t^e nature of the material en-
countered; however, the maximum allowably width of trench
at t�.e level of the top of pl:.e in place shall be the out-
slde diameter of the pipe plus twenty-four (24) Inches.
For trench width at V.ie tot_ of the Lipe erenter than n:) .el
above, she contractor ma'.' Lrocose alterns`e bedding, or al-
ternate strength of pace to is th of cover relationships
other than t-iose specified. D,jch cro:osils must be sub-
mitted to the Enzineer for approval in writing and with
pertinent pipe strength ani soil iRta at least fourteen (14)
days Lrior to the desired construction late. No extra
compens3tlon shall be Allowe' fot any increase in Twterlal
or construction costs creetel b , alterrRte plena. ..he-e
running sand, Gravel, or ot'�er mAteriil is encountered an:
the required trench width at the top of the pipe cannot be
maintained, the class of sewer pipe to be usel shall 1-e
calculated using the Marrton For-.ula for log'r on pipes
bisel -)n actual trench width usal in construction, the
irtual r:acl�fllled soil %-e1Sh', 3r' Clars "C" bedi. ir, unle4r
:nth• .17e_ s�eclfte!.
'".sterli1 for baFe s'?b111-9tt )n shs;l '^a 3%4" to 14" bl.^.2er
st. "ne �r i • r -n cruvel, -as leterzine! br ?' 'nspec tor.
UO
r
raze 4 of 1 r.
'Then the bottom at subgrade is soft and in the o� inlon of
the Inspector cannot support the pipe, a further �ecth and/
or width shall be excava`ed sncl refilled to Aire foundation
grade, or the pipe shall be placed on piling, or other
appro,j_! means P!,isll be adopted as directed by the Inspec-
tor t,j assure A firm foundation for the pipe. -he class or
type of material --,:'rich is to be used for r?filling up to
pipe grade '^e as determine) by the Inspector. If
the Inspector considers that clay, plastic, or reinforced
concrete pipe, as shown on the plans, 12 not suitable for
the subgrade soil condition, he nav order the contractor
to install iron pipe or AC piling pipe to be ,:laced on roc',r
stabilized subgrade or on piling.
Ledge rock, boulders, End large st)ner s'nall be removed to
provide clearance of at leart h inches below outside ca pe
barrel and a clear width of Q inches on each side of the
pipe shall be provided.
Vie space between the bottom of the trench and roct- an9 the
bottom of the �,Iie shall be bacL-filled with suitable materist
thoroughly tamped.
loci-- excavation shall include such roc'rs as are not decom-
posed, wAA�'�ar�i, or shattered, and wv,ic'n will require
blasting, ra-rLna, wedging, or use of air tools for re-,ovAl.
:lay and hsrdpan will not be considered as roc h, tut includes
will be any concrete or :nasonry structure, except paver:ents, -
curbs, gutters anI sidew,l'-s. Any roc'c le:-g than one cubic
.yard in volume Shell be classified as regular or eArth exca-
vation, and no extrq compensation shall be allowed.
•-
Blasting the excavation will not proceed until tie co -tractor
has notified the Engineer of the r,ecessit:y to '.o so, Fuch noti-
fication not being nece4spr,y where onlv occasional tool ems
,re involved. !'his notification rhell in no mprner relieve
the contractor of t-e ha: ar' nn,i lint ill*y con' :.fie~`- Or,
blasting op!!ratlon. :"ie ^ours of blarting will }e fl-ed i.y
the Sn,-7ineer.
Any damage caused b:• blastina Snall be rer-a!re. ^fit `he con-
tractor at his expense. The contract-or's .-et',ols of :.roce-
dure relntive to blistinJ shell conf-rm "" local a-' stgte
laws and municipal orlln,4nces.
All ev,-^votes-Aterlal shall be piled in s manner that Ai:l
not en!anxer the wor'r -inl that will avoll obstructing side-
wal',s v^:' iriv-tiwys, 98 fgr as prsctieaL Cutters s"all be
key: clear or other smtisfactory provislons :jade fir rtreet
Iri%inewe at R11 timer.
we
F
Face 5 of 10
7. Lsvinv of Fine. BeddinP 9rd jointing - All wor'f urdor these
sFecificatinns shall '-e r=st,ructe� in accordance xith lines
any' wraies ar shot,n on t-:e plans and as established by the
Enrine,,r. These lines and grades Tav be modified by the
En.,sneer as provided in the cnntract. The contractor shall
f,•.rnish at his own expense such nat,erials on(' labor as ma,y
be reau`rei f-)r setting batter boarris, templetes, patterns,
platforms, reference mints, )r other Tertirs or mints of
line or grade.
f'^he contractor sh911 give the Inspector sufficient notice of
his need for the establishment of line an,-' ,ar-de so the* the
Erinineer may ha.e sufficient time to provide some. After
lines and mrsdes for any p-+rt of the i,-)rk have been Given
by the Engineer, the conr,rgctor will be held res.ons+ble
r for the proper execution of the work to such lines and grades
and all sta4es or of^er marks given shall re rrotected and
preserved by him until authori-ed to re-4ove them by the
Inspector. The contractor Ghall, at his own exLense, correct
any mistakes that may be c9uped by their unaut^or17Pd distur-
bance or removal. The Inspector may require that work ',e
susoended at env time when for any regscn such T-,,ks cannot
be �:roperly followed. No additional coTper:s�tion will he
a'lowed `'ie contractor for any claims or crews belnc ^ell
up becqu`'e -)f back of line and grade stages.
1--1 ements, tools, ant ficiliries e,tisfactor.; to
trig_:cp ,tr`r shall be provided and lised bythecontractor
for the safe and conven+en, pr-secutIDn of the r:nrk.
i
Before lowering and while suspended, the pipe —all be In-
spected for defects And runty kith a 11�ht hammer (e•rcept
plastic ;:ipe) to detect any cracks. Any defective, iamaQed,
or uns-Dund plre wl'_1 be rejected.
04 All l oielgn matter or dirt shall be removed from the Insure
0 of t'ie Lire before it is lowered into its rosition in the
tre^ch, and shall be kept clean by apprnved means during
`°e an,j After la 'nv. All openings along the line of the
seater shall 1�e securely close' As directed, anal in the
sus -pension of w:,rlr qt any time, suitable stopr..ers shell Ire
r placed to prevent earth or other substances fror entering
the seller.
Pipe laying shall procee-+ upgrade ,,;kth t',e tongue ends pointed
in the dirention of thr flow. `Jo pl a shg11 ',e 191d in w4ter
or when the trench conditions Are unsuitall1- f^r such work,
« except by ,ermissin of the E nvineer.
r All pipe shall be bedded as inlic9ted )r. the plans and details
An l describe i a:: folloh s s
A. play F i e - Class C boollina from 0 - 14 feet pipe depth,
any C ass B bediinA for pipe depth from 24 - 10 feet,
with Ductile Iron 11pe used over 1'P feet deep.
Fgae 6 of 10
B. Cast, or Ductile Iron Five - This pice shall he bedded
In accordance wit'i ('less ". bedding.
C. FVC Flastic Sewer "ire - This pipe shall be bedded and
installed in accor.ance with the recuirements of
A TM-D-2321, "Recommended Practice for Underwround
Installation. of Flexible Thermoplastic Seer Pipe",
except that compaction recuirements surrounding the
pipe, as referred to in paragraph 2.3 of AST!-u-2321,
shall be to 90 percent to maximum density rather than
95 percent. Soil types allowed as bedding and backfill,
according to ALTM-0-23219 include tvres OW and GF (gravels
and gravel sand mixtures, little or no fines) types GM
ad GC (silty or clayey gravel -sand mixtures), and tvve
SW and SF (sands and gravelly sands with little or no
fines). Density tests rr111 be performeA by the ot�ner
at all points desiwnpted by tt.e Ens-lneer to assure co--
pliance with this 90 Percent to maximu-_ density require-
ment. If required density is not-chieve! the contr-ctor
will be ordered to bed the Fire pith conpncted sans, 4
Inches below the p1Fe and tc one foot above the top of
the pipe.
D. ABS Plastic Sewer Flpe - This pipe shall be bedded in
accordance with the reauirements in,?icated for PVC plas-
tic sewer pipe, except that the mexi^ium particle size
allowed for bac'-�fill around the r1r.e shall be 1} inches
rather than -� inch and allowable soil tvpes used in
backfill, as referred to in A'TM-D-Z321 shall be expanded
to include tvves SM and SC (silty sands end clayey sands),
types ML and CL (inorganic silts and inorganic silts
and inorganic clays of low and Tedium Flas` is i'; , etc.) ,
and type MG (gravelly silts).
E. Reinforced Concrete Sewer F1 e - This ripe sli311 be
bedded n accordance w ass C or Class B bedding
as indicated in the plans.
Class C is that -etho' of bed91ry trench conduits in
w'•iich the conduit is elseed with ordinary care in an
eerth foundation, shaped to fit the lower :srt of the
conduit exterior with reaennable closeness for a width
of at least 5n percent of the conduit breath. The
re,+alnder of the conduit is surrounded to a helaht of
at, least 12 inches above its top by granular materials,
shovPl-placed and tamped, to fill completal.v qll spsces
under and %djRcent t^ It, e conduit. Clsrs E belling is
t,t same �s Class C bedding with the excection that a
4 inc;i sand cushion shall be ; lacel ander the ripe for
60 percent of the conduit breadth.
L In th,,! event ,hat natural, suitable, granular riaterigl
Is nor enecun.tored luri nn nor -al exc'ivq'. 1Qn. of the sewer
trench or when the mgterlal enc-)unterel is (ietermined
unsulteble t: tl a Ensineer for bar',f11.11nP around t'n'
conduit as req�iired, the contractor rhgll rrovl'e ar.
piac - such A••croved m *. prig: ar ro ,.-O.red.
i
Face 7 of 10
Jointing shall be in accordance with *he manufacturers
rec,rmnendati3ns. Jointing surfaces shall_ be kept clean
- at all times. Adjoinina pipe ends shall be carefully
aliTned and butted to for- g smooth invert lai-'' to grade.
8. Bbc'xfillinc ant' Iradina - All excavation in trenches shall t-e
backflllpd to the orivinal. ground surface or 11, ruc'i erades
M• as specified or shown on the ArawinPs . 7-tie bac'-f ill shalt.
begin 3s soon as practical .after the 1:1ce ha- been placed
end shc;ll thereafter be carried on as rauilly as the pro-
tection of the balance of tn�, :work will ,;er-ait. 'acvfIII Ina
- shall. by done as completely as pos, able so as to attain com-
plete filling and using the best nRterials av>tll'tble for
this purpose, free fror: boulders, rubbish, frozen lumps,
and similar materials. De; ositinv of t,ie bac'rfill shall '-e
done so the shock of fallin.- material r.111 not injure thf-
structure. Gradina over and ground all parts of the wor,
shall be :cone as directedl b; the Inspector.
,w I4henever peat or other soil types which are determinei ''y 'he
i Inspector to be undesirable for brc'cfill are e-ca-,rated fro-..
^� the trench, such materials shall be hauled -.hay and depcsit,ed
where directed by t'ne Inspector qt no al'.iticnal co�pP .a.i;lor..
.� Thy b.ac�fil. material shall re compacted to of the standard
!moisture density relationship of soils, d-69R-709
ra except for the uc.per 2 feet Witch with_n a street s iall he
co^rp�cta: to i���' iensity. 71e procedures for backfilling
sn911 varv, depenlina on t',,� portion of trench concerneri,
su,h rtayuirements -3 he as followst
,., Bottom Fortion of Trench - Yrgnalgr material, (or sand,
if so or ere y t')e Inspector, lip t. ~, t%:e to; of t',e
ir. `.he ,•ase _ pl;e) free from rocks a::j
boulders, sh-Al. be dei.ostted in t'^e trer:c , sl-iulta-
"' neously on both shies ^f t'Ze p.je for the full width
of the trerich to a height of At least 12 inches above
r' the top of the pile, shovel -place' end tg-cel to fill
�r coipletel.y all spaces under end ai jacent to the con-
duit. In the event that nst•,rtil, suitable, rrsnular
material encountered is determine•] unsuitable ',y the
Inscector fir bsc'--f ill lnr groun,' t',P conduit As re-
quired above, the contractor shall pr,o•ri 'e .an.1 , Imce
such approve•l ngterial As required.
Mid- orti)n of 'Tench - This portion r:hich lies between
a level o Winches gr )ve the top of Vh Lipe anfi q
. level of 8 inches below finished Oracle elo!All be back -
filled only with suitable materiel a: grcroved by `_'le
Inspector, such material to he )htA1n,-1 from t',e exca-
vation of the same trench or from an7 other trench
under excpvAtlon '.! .thin a haul distance ^f two (') miles
one w%y, at no oul-litional eonpens,+tl,)n.. If, nowevor, a
deficiency in the qunntit•; hac'efil' natertal eTistR
lue to t'ie removal of la-ve quAntittes of Feat or other
am
6
Fage 9 of to
such material, and rackfill fro•n sources desn,ribed ,b,ire
Is insufficient, the contractor shall ,.urchise and .,lace
.-� �_•.c'• materi�il, as the Inspector sr.all direct, ti be paid
! fur 9` the contrect unit price. All quantities of such
material :aid for s,,-a11 boe verified and rPc-rled by t'-,e
Inspector. r-ac--flll shell �-e accomplisn.e,a in levers
or lifts b-i backcastinw or by filling and spreadin;:.
Placement shall he In 12 inch lifts, each lift reinz
thoroughly compicte�l by pneumatic tamper, tamping rollers,
�. vibrating rollers, or other means, in accordance Ith
the "ordinary comraction" met'•i,d as described in Yn.
Specification 2105.3.F2. ':.here trenches cross areas out-
side of existing or proposed roadways backfill may be
.. placed and compacted in 13 inch lifts.
w..
Top Fortlon of Trench - The disturbed area lying above the
r- "Restoration Subttrade" shall he restored in accor-ance
with the plans, surfacinz and restorati-)n specifications,
�" special provisions, or as dirented by the Inspector.
P 9. Infiltration a•d Inspection - Upor, completlon of the sever
w construction and before any house services are connected, all
sewers shall be cle-Zned and lariped. All runs of see:•Pr between
•- Tanh,les shall be straight and crlie. Leakav,e "ests shall be
made to determine the amo,ant of ground water Infiltration into
" the sewers. ?IeasurPments will be ta'fen by me -ins of a weirs
.h placed in the lines, or by exfiltration measurements, as
determined by the Engineer. The maximum allowable rate of
leakage shall be 100 gallons per inch jiameter Der mile of
pipe per 24 hours, for any Fection of pipe.
In lieu of the infiltration of exfiltr=itt ,_ '�•7ts tl,o contractor
ma•v perform air `ests on the seiyers.
If the infiltration, exfiltration, or air tests fall to meet
^- requtrements specified herein, the En�xlneer reserves the
rizht to request Air testin►r or television work to be done
to locate leaks. the contractor shall furntsh all materials
and equirment necessary to accomplish all infiltration, ex -
filtration, air, or television testinw. The ccntr ctor :hall
L receive no gVitIonal corpensgtion for this testing or inspec-
tion i.ork, nor for rer.airc or corrective-ouor'-r req :ire, t ) be
done to the sewers.
Exflltrgtlon 1estin - The exfiltration test Phsil tie ue-d
at the 9escreticn of the Inspector, but i` will ven.ernlly lbe
used in areas where no orourl water is re!7`-nt.
The test section shell be hulkheaded qnd "^P rile su',Jected
to a �,.ydrostatic pressure prod,jeed ty a !,eai of :.titer at a
depth of three ()) feet Alcove the Invert of the se:•er at
the upper manhole under test. In areas where ground water
exists, t'•iis head o!' wQte- Oiall by feet above the
existinv cater tail'.
' 1
Pane q of 10
,.,
This head of water shall be maint lined for a rerlo,' of -)ne
hour during which it is presumed that full absorption of
the pipe r-,dy has taken place, and thereafter for a further
period of one (1) hour for the actual test of leakage. Lurink_
b"
this one (1) hour test period, the measured maximum allowable
rate of exf'.ltration for anv section of sewer shall be 10s
gallons pe* inch diameter per mile of Dice eer 24 hours.
Air Testing - The contractor shall perfor= these tests with
..
equipment similar to Air-Loc equipment menufactured by
Cherne Industrial, Inc., 3epkins, !"innesota.
04
The air test shall be made when the sewer Is clean. The line
'^
shall be pluvzed at each manhole vith pneumatic balls. Low
►�,
pressure air shall be introduced into the pluvaed line until
the internal air pressure reaches 4.0 p.s.i.z. greater than
r
the average back pressure of any ¢round water pressure that
may submerge the pipe. At least t• (2) minutes shall be
allowed for t'ie air temperature t_ cabilize before readings
are taken and the timing started.
r+
to
The portion bein? tested shall p-;ss if it does not lose air
at a rate to cause the pressure to drop from 3.6 to 3.0
�.,
p.s.i.g. (greater than the average bac� pressure of an•,
ground :rater t,iat may suhmerce the L'ipe) in less time than
04
listed as follows
""
Pipe Diameter Minimium Allowable ;:inutes
in
in inches (3.6 0 i.s.i.g. Pressure)
,.
4 2.o
6 3.0
•
8 4.0
10 5. "1
12 6.0
.-..
15 7.5
21 10.5
All service :-Atior shall ►— securei in place to prevent lis-
71ac—ment iurir-r testi-ia -j;_erati ins.
-.
Deflection "estinF - At the option of the Engineer, pipe
deflectlen t^sts nay be rpal.r red on certain stretches of
sewer.
In any area where deflections excppd S.Y: the trench shall be
re -excavated, the pipe zone backfill shall to removed and
replaced in accor'gnce pith the orl+rinal specifications.
If in the opinion of the Envineer, tie pipe has been damaged
by over deflection, the pipe shall remcved and replaced
wt.th neu, ,.Ipe inst-illed aol bac',fille! In full accoragr.ce
x!th the oricin.al pipe z,)ne si:ecificatlon.
r
r-
page 10 of iC
10. Protects UndergrounO. and Surface Structures - Temporary
support, adeauste Protection, and maint-n-ince of Q.11 under-
ground and surface utility structures, drains, sewers, and
other abstructions encountered in the crowre^s of tie war',,
shall be furnished by the contractor at his own expense.
r, When necessary to determine the location of ex'_st:n., rues,
valves or other underground structures, the ccntra,:�tor,
after an examination of available records, shall make all
explorations and excavation for such purposes.
Whenever existing utility structures, wRter^iains, drains
or other conduits, ducts, pipes or other structures present
obstructions to the grade or alianment of the ripe, such
structures shall be permanently supported, removed, relocated,
or reconstrueteO by the contractor through cooperation with
the o:•ner of the structures involved. In t^o:e instances
where relocation or reconstruction is iTpracticai, q ch--tnae
in line and/or grade wi � 1 be ordered by the engineer and t'^.e
ch3nae shall to wade in the manner directed. "o deviat'on
shall. be Tale from the required line or gr—de except with
the written consent of tnc zi,o iiibcr.
w
The contractor shall promptly repair at his expense any
` break or damage to other utility mains, or to ..Ouse service
connections for water, sewer, and aas, cause' by his work.
.,. 11. Vethod of i4e.asurement Basis of 'Payment - All rrorlw: as desig-
nated in the 7 ans gin.. S:ecifications shall be paid for on
the basis of unit prices as indicated on the proposal. This
shall be considered compensation in full for furnishing and
installing_ all materials Rr(' IV= required to comrliue t'^is
project. The cost of any material Rnd lat,or required to
comclete the worn, but not specifically included as a �q;
Item, shall be mer%xed Vith t-ie varlous unit Lrices.
e
Or
.e
MANHOLE FRAME 6 COVER— NEENAH R— 1642-8
WITH MACHINED BEARING SURFACES 9 2
7„ CONCEALED PICK HOLES, OR APPROVED EOUAL
- Adjust costing to ( below finish blacktop grade.
2" ADJUSTING RINGS AS REOUiF ED -
VI (MINIMUM 2, MAXIMUM 4 )
,•�• FULL BED OF MORTAR BETWEEN RINGS
MORTAR OUTSIDE OF RINGS
N07 S:
I. Where water may stand, top of
manhole shall be 2 feet above ground
..
.;
�•'
�. 2. On manholes 8' deep 8 greater, an
one (1) toot precast section shall be
placed immediately below the cone
4 scct i on.
Where sewer runs straight through
standard manhole, pipe shall be
_
;;
`• continovs IS top 1/2 shall be
+` broken out after completion.
4 All butted joints between sections she!!
hove „0" ring rubber gosxets.
STEPS 16 0 C ON �^
DOWNSTREAM SIDE r�
NEENAH R— 1980E ►'
4y ALUMINUM
ti: j:
.,t
t 20„ to Spring Line Max.
FLOW
1p
SECTION A- A
rSlope 2*'/FT
/3 Dia(I.D
..-., of pipe
SECTION B—B P►eccst or poured
cor.crete base
Drawn B T
- Revised 2/27/?5
A -proved
Rq. 1/1/76
r
STANDARD SANITARY
SEWER MANHOLE
Standard Plate No. SS-3 _
Engln2,erino
r
r
plug
2"•x 2" cf ens+
i
of service
�I
Use special adaptor
for cost iron to cloy
4"CISP 1/8
or 1 / 16 bend —
4"C.1.S.P.
Min. grade 1 /4" per foot
Wye
Nye in 10 o'clock
Cf%nif-%rd P12♦0 Nm SS-1
qa7-el�z
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1415
A RESOLUTION GRANTING PRELIMINARY APPROVAL
FOR THE PLAT OF Bi.LDUR PARK PENIN:.ULA
WHEREAS, a subdivision application for a four -unit Punned
Residential Development wa.3 filed by Tonka Lake Properties on
January 7, 1982 of a property legally described as:
Lots 22 to 3.3, inclusive, Block 1, "Baldur Park", and
Lot 21 except that part thereof described as follows:
Beginning on the meander line at the Northeasterly corner
of said Lot 21; thence Northwesterly on said line a distance
of 50 feet to the Northwesterly corner of said Lot 21;
thence Southwesterly on the Northwesterly line of said Lot 21
a distance of 23 feet; thence Southeasterly to a point on the
Southeasterly line of said Lot 21, 66.5 feet Southwesterly
from Northeasterly corner; thence Northeasterly on said
Southeasterly line 66.5 feet to the point of beginning,
together with all of Nelson Lane, now vacated, and together
with that part of Isle Boulevard, now vacated, lying North-
westerly of a Southwesterly extension of the Easterly line
of sL-:id Lot 21, Block 1, "Baldur nark", according to the plat
thereof on file or of record in the office of the County
Recorder (formerly Register of Deeds) in and for said County,
hereinafter referred to as the property; and
WHEREAS, after due published and mailed notice in accordance
with Minnesota Statutes 462.358 et. sect. and the Cit, of Orono Zoning
and Platting Codes, the Orono P.lar:ning commission held a public hearing
on April 19, 1982, at which time, all persons desiring to be heard
concerning this application were given the o1-^ortunity to speak thereon;
and
WHEREAS, a, the re,ular meeting of the Orono City Council
held on September 13, 1982, Tonka Lake Properties, h,?rcinafter referred
to as the developer, withdrew the four -unit PRD proposal and under
that same subdivision application :ought Council's preliminary approval
of a plat of three lots of the property; and
WHEREAS, th^ Or'.)no Counr.il considered the Findings of staff
and the comments of P. Gary Petersen, authorized representative of the
developer, and made the fullowinq findincas of far":
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. — - -i4-- -- —
1. The property is located within the LR-ICzoning district
requiring a minimum lot area of 21,780 sf or 0.5 acre
Lot 1 is approximately 30,000 sf or 0.68 acre
Lot 2 is approximately 30,160 sf or 0.69 acre
Lot 3 is approximately 41,000 sf or 0.94 acre
2. The total building envelop, of the property is severely
restricted by the lakeshore setback standards of the
Orono 'Zoning Code.
3. The building envelope is a.so restricted by a flood
plain, area below 931.5 elevation, that includes more
than one-third of the area of the peninsula.
4. A principal residence with accessory improvements can
be located on both newly created Lots 2 & 3, meeting all
required setbacks of the LR-lC Zoning District.
5. The new driveway to serve all three residential units
will be constructed so to direct all surface drainage
away from the lake; the existing driveway permits
surface runoff direct to north shore of peninsula.
6. The proposed three -unit density with controlled use of
hardcover, strict adherence to all setback standards and
control of surface drainage will be environmentally more
advantageous than that of the existing residence.
7. The -,xistiny ho•ise on Lot 1 is the only house on Baldur
Park not yet connected to municipal sewer.
8. The developer has assut.3 the Council that the existing
residenc.: 3n Lot 1 will be connected to sewer by
auvemuui 1, 1982.
9. The hazardous structure on Lot 3 will be removed prior
to final plat approval.
10. The proposed three -unit plat is more consistent with the
exist.i-I pattern of development of the Baldur Park
neighi,orhood.
1,. The slat and required upgrading of Baldur Park Road will
imprnve and assure_ the health, safety and welfare of the
1mmedldte neighborhood and general public.
-2-
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1415
12. The proposed plat and required improvements will result
in the enhancing of the property values of all surrounding
neighborhood properties.
NOW, THEREFORE, BE IT RESOLVED that based upon either one
or more of the findings noted above, the City Council of the City of
Orono hereby approves the preliminary plat of Baldur Park Peninsula
per survey dated June 18, 1979, subj,;ct to the following conditions:
1. All lots to be connected to sewer; existing house must
be connected by November 1, 1982 per irrc,.ocable letter
of credit No. A-12527-K.
2. One driveway from public road to serve all three residential
lots.
3. Removal of existing garage in Lot 3 prior to final plat
appro%al. Removal of Existing garage on Lot 3 prior to
or as a requirement of issuance of building permit for new
house on Lot 3.
4. All lots are riparian to Lake Minnetonka z:nd shall have
docks located according to all City and Lake Minnetonka
Conservation Distri7t ordinances.
5. extension of existing Baldur Park Road to new turnaround
by -^eans of plat extension; includes paving of road and
ti,;--,round and approximately 200 feet of riprap shoreline/
r.c,' shoulder protection.
6. The Council has agreed to grant hardcover variances for
Lots 2 & 3 as follows:
a) Lot 2 shall be limited to 12 % hardcover variance
h) Lot 3 shall be limited to --3T -v� hardcover variance
As for Lot 1, the developer is advised that there may be
no additional use of hardcover within the 75'-250' setback
area unless there i.s in equal or greater reduction in the
existing hardcover within the 0-75' setback area.
The following improvements are required:
1. Extension of Baldur PA, ,ad paved 18' wide to match
existing surface to te.a...natc: at circular turnaround
40' radius waved surface, 50' radius right of way.
Engineering plans for road and any drainage work rnugt be
approvlyd by the staff and City engineer prior to the
- 1-
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. i415
start of work. '+11 work must be completed prio to
final plat approval, or a developer's agreement must
be signed with acceptable form of financial security
to assure completion.
2. Riprapping of shoreline 31ong Baldur Park Rt-ad extension
per DNR-MCWD specifications. City permit will be granted
upon approval of plans with no fee requires:. MCWD permit
required.
3. Relocation of existing private driveway beyond turr.�:round.
Existing driveway to be removed and reseeded. Locate to
save existing trees.
The following list of final sl'_'.-mittals must be submitted
within the first week of the month to assure required action
by the Planning Commission at their ret). arly scheduled meetinq
on the third Monday of the month.
1. Record plat drawings in the form of two (2) mylar cupies
and one (1) copy reduced to 1" = 200'.
Drawings to include:
a) Lot lines platted per preliminary survey dated
.June 18, 1979.
b) Extend plat to include 24' minimum right of way for
Baldur Par;, Road along Lots 17-2U inclusive.
c) Plat turnaround at 50' radius as shown on curve}
(although do not leave pri�•ate exceptions as rear
part of Lot 21) +
d) Plat new driveway as 1 20' wide outlot
e) Dudicate turnaround and 24' right of wa,: its Baldur
Park Road.
f) Dedicate drainage and utility easements.
1 ► 5' each side of lot lines between into
2) 10' each side of driveway outlot and around
rut de sac circle
1) minimum 20' wide along route or proposed s- wer
(which may alter size of driveway utility inerrrent
-4-
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1415
g) Dedicate public waters below contour 929.4 MSL
as "Lake Minnetonka"
2. Legal. documents r,_yuired :
a1 Title inion addressed to the City. 11 owners,
mo-�gage holders or others with property interest
indicated therein s`,sll sign the plat and ail other
documents affected by said interest.
b) Private driveway easements and maintenance covenants.
c) U,,ncrs and others with property interest on Lots 17-20
affected by Daldur Park Road extension must also
sig:i plats.
3. Fees to bee )aid. total dui: $980.00
a) Pazk dedication fees per current schedule, two new
lots (acreage 0.85 acre/lot) 2 X $440 = $880.00
b) Legal review and filing fee a $100.00
Adopted by the CJ .- Council of the City of Orono, Minneso a at a regular
meetinq held Sep�.ember 27, 1982.
William B. Van Nest, Mayor
Attest:
Alberta M. Strom, City Clerk
CITY OF ORONO
7:00 P.M.
Regular MOetinq of the Orono Council, September 27, 1982.
The Orono Council met on the above date with the
following members present: Mayor Van Nest, Council -
members Butler, Adams, Frahm, anu Hurr. Also present
City Attorney Malkerson, Zoning Administrator Mabusth,
Public Works Coordinator Gerhardson. City Deputy -Clerk
Woytcke. City Administrator Benson arrived at 7:45 P.M
CONSENT AGENDA* Butler moved, Van Nest seconded, that items #2,#3 and
#24 be removed from the Consent Agenda*. Motion,
Ayes ( 5 ) - NLys ( 0) .
Butler moved, Van Nest seconded, to approve the
Consent Agenda*, subject to removing items #2, #3,
and #24 with all staff reports concerning items
reviewed at this meeting to be attached to the
original copy of these minutes on file in the
City Clerk's Office. Motion, Ayes (5) - Nays (0).
MINUTES* Butle- moved, Frahm seconded, to approve the minutes
of the Regular Meetinq of September 13, 1982 as
amended. Mocion, Ayes (5) - Nays (0).
MINUTES OF SPECIAL* Butler moved, Adams seconded, to approve the minutes
MEETING 9/16/82 of the Special Meeting of September 16, 1982 as amended
Motion, Ayes (5) - Nays (0).
PARK COMMISSION Barbara Peterson, Peggy Watson and John Watson were
present to discuss with the council the Bederwood
Park Ballfield.
Peggy 1%atson reported to the Council the problem
with the outfield and explained the Park Commissions
recummendations for sodding or seeding the field.
Hurr moved, Butler seconded, to allow staff to get
bids for the field on seeding or sodding and to poll
the council for approval by telephone.
Motion, Ayes (5) - Nays (0).
L.M.C.D. REPORT' Councilmember Hurr reported that the L.M.C.D.
appreciated the letter of support. Also at the
last meeting the officers were elected as follows:
Chairman -Bob Brown, Vice -Chairman -Robert Raskob,
Secretary-JoEllen `1urr, Treasurer -Ed Bauman.
-,0669-TONKA LAKE
PROPERTIES -RESOLUTION
Hurr moved, Frahm seconded, to approve the preliminary
plat subject to th,� findinc;s and conditions setforth
in the resol>>tion. In ,tdditon applicant be advised
by council to work with the owners of lot 17 s18 and
19 to stew if they would agree to grant a road and
utility easement to the City oermitt ing the cipgrad ir. ;
of the private road to a maximum 18' width same as
existing road and allcw re(jular maintenance by the
• REGULAR MEETING OF THE ORONO COUNCIL, SE:PTE:MBER 27, 1982 PAGE 2
City of that portion of the road to the cul de sac, and
advise staff of their decision as soon as possible
to assure final approval by Council no later than
Dec. 8, 1982. Motion, Ayes (5) - Nays (0).
#686 MERRILL GIBBS
Butler moved, burr
seconded
to approve Resolutioni1//6
3125 & 3135 FOX ST.
approving the Plat
of West
Fox excluding item 07
RESOLUTION #1416
of the Resolution.
Motion,
Ayes (5) - Nays (0).
#704 DOUGLAS AABEL*
VARIANCE
Butler moved, Van Nest seconded, to approve the side
lard Setback Variance for Douqlas Aabel at 1580
Long Lake Blvd. Motion, Ayes (5) - Nays (0).
NEILS EASEMENT Van Nest moved, Butler seconded to approve the original
amended Flowage & Conservation easement to be
filed with the new legal description of the aetlands.
Motion, Ayes (5) Nays k'0).
EASEMENT & APPEAL
WAIVERS -NORTHERN AVE.
SEWER City Engineer Cook reminded the Council that the bids
would be received and opened on October 8th fcr the
Northern Avenue Sewer Project.
Council approved
Assessment Aupeal
on page 2 item 7.
BIG ISLAND-HENNEPIN COUNTY
PARK RESERVE
LAKE ACCESS MEETING
the Agreemont to Waive Special
form, with the correction in wording
Mayor Van Nest repo-ted that he was t'lie host fcv
a Big Island trip with Commissioner of Veterans
Affairs, Chairman of Metropolitan Par=:s and Open
Space Commission, Hennepin County Park necerve
representatives, Bob Searles and 4 people from
the House of Repr^sentatives.
The discussion was regarding the Vets Camp
property out on Big Island. The fact that it
would be ideal for park area similar to Carver
Pirk, trails, and tents for camping.
Mayor Van :Iest announced th.2 Lake Access Committee
Meeting will be October 12, 1982. It will be a
boat trip to all the public marinas on the Lake,.
METRO WASTE CONTROI.
COMMISSION MEETINGS The Metro W•.i.te Control Commission Meeting will
be October 6, 1982 at Shakopee.
PRIMARY ELECTION RESULTS*
Butler moved, Van Nest seconded, to accept the
memo regarding the Primary Election Results.
Motion, Ay,:�s (5) - Nays (0) .
POLICE FACILITY' Butler mov,id, Van Nest seconded, to accept City
Administrator Bensons memo regyarding the. Northwest
Contracting Bldq. fnr Police Faoility. Motion,
Ayes (5) - N.-Ays tt)► .
CITY of ORONO Control No. 669
hwt Offiee Mix fib 0Cr}•Ktal tiny. 6Lonerwiti►;"W9Municipal Offices
Teleph-.ne 473-7;V)7
TO: Tonka Lake Properties
2661 Arcola Lane
Wayzata, Mn. 55391
Meeting Date 9/27/82
Notice Date 9/28/82
Variance
Conditional
xxx Subdivision,
Subdivision,
Use Permit
Preliminary
Final
Copies tu: Gordon Coffin
3025 Watertown Road
r
COUNCIL ACTION Vote: 5 For Against Abstention
MOTION to approve the preliminary plat subject to the findings and conditions
setfor'` in the enclosed resolution. In addition, you have been advised
by Council that you may work with the owners of Lots 17 & 18 and 19 to
see if they would agree to grant a road and utility easement to the City
permitting the upgrading of the private road to a maximum 18' width same
as existing road and allow regular maintenance ty the City of that portion
of road to cul de sac. I have enclosed a copy of the road & utility
easement. It will require a legal description of that portion of the 18'
road that interescts their iroperties.
Staff must be advised c` their decision as soon as possible to assure
final approval by Council no later than Dec. 8, 1982.
I will report on the status of the sewer improvements for the peninsula
-area at the Council meetong of October 13, 1982. Please advise as soon as
you nave awarded the bids. Remember, the City Engineer must approve the
plans prior to construction.
DEADLINE DATE
for submittal of new information (application may be considered
formally wi�hdrawn if information or explanation is not provided).
for Work Permit for work to begin for work to be
application completed
WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning
work.
VARIANCE APPROVAL is limited to the extent shown on approved plans.
Do not change plans. Variance authority expires one year after appro•.,al.
CONDITIONAL USE APPROVAL expires upon change of ownership or use,
or on deadline date specified above.
PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information
and/or improvements required for final approval. Contact Zoning
Administrator.
FINAL SUBDIVISION APPROVAL - Applicant iimist have drawings, resolution
and all other required documents rPc-.--ded, with certification of such
recording returned to the City by deadline date.
Certified ropfes of official City Council Minutes may be obtained -by
contacting the City Clerk. Allow at least three weeks from meeting date.
METROPOul A(i
WA/TE
conTROL
(OtITlmiffion
October 13, 1982
!1r. John Gerhardson
i Public Works Coordinator
City of Orono
Box 66
j Crystal Bay, FV 55323
U
r'11 Y OF ORONO
RE: Utility Improvements for Baldur Park Peninsula Tonka Lake
Properties
Dear Mr. Gerhardson:
The Metropolitan Waste Control Commission has reviewed your
application for a sanitary sewer extension for Baldur Park
Peninsula. This project is in accord with your comprehensive
sewer plan (CSP) a!id consistent with the Metropolitan Urban
Service Area.
We will file this project as part of your CSP and inform the
Minnesota Pollution Control Agency that we have no objections
to the installation of these facilities.
Sincerely,
W67
R. A. Odde
Community Se: vices tlanager
RAO:EJB:mrt.o
cc: Metro Council
Don Perwien, MFICA
r*Ufter/nffo
/WnT fta Mn suo'
W 77.8#?f
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13, 1982 9
Page.
permanent easement for the Franzel property
concerning the 73-1 sewer project, subject to
review of City Administrator Benson. Motion,
V Ayes (3) - Nays (0) .
<ONKA LAKE PROPERTIES
1340 Baldur Park Road
1669
Gary Petersen
Zoning Administrator Mabusth requested the City
Council togive her direction concerning the need
to extend the letter of credit with a deadline
date of November 1, 1982, that assures the
connection of the existing Olson residence to
City sewer for the Tonka i.ake Properties at 1340
Baldur Park Road. Mabusth advised the
3eveloper's representative, John Nord, that she
would discuss this matter with the City Council
and that Mr. Nord need not be in attendance.
Mabusth explained that there may be a need to
acquire utility easements through Lots 17, 18,
and 19 and that the developer could not be certain
of obtaining such easements to meet the November
1. 1982 deadline date.
Acting Mayor Butler ;roved, Frahm seconded, to
direct staff to advise Tonka Lake Properties of
the need to submit a new letter of credit.
Mo=ion, Ayes (3) - Nays (0) .
,LICENSES*
Hurr moved, Frahm seconded, to approve the
.`olljwing licenses: Motion, Ayes (3) - Nays
BILLS*
ADJOURNMENT
Doody, Inc. - Plumber
Haas F, Haas, Inc. - Septic System Installer
Ingleside Engineering - Well Driller
M & D Plumbing & Heating, Inc. - Plumber
Podany Plumbing - Plumber
Rogers Well Company - Well Driller
Spet: & Berg, Inc. - Plumber
Voss Plumbing - Plumber
Hurr move-), Fr-jhm seconded, that the All Funds
Accounts and the Liquor Store Accounts, be paid.
Motion, Ayes (3) - Nays (0).
Hurr moved, Frahm seconded, that the meeting be
adjourned ,at 10: 31 P.M. Motion, Ayes (3) - Nays
(A) .
LAR MEETING O" THE ORONO COUNCIL, OCTOBER 13, 1982 page 10
ijz
• .�ti�
William B. Van Nest, `Mayor
70
Attest: L eel
Alberta M. Strom, City Clerk
0.
CITY of ORONO
P-1 (►111- it— 1wi•('rvWal Huy. Minnesota 55J23/Municipal Offices
f)n the .forth .Bore of Luke 3f nni,tunka
(::-wrIFIFD MAIL
October 21, 1982
Mr. Dennis S. Killian
120 North Snelling Avenue
St. Paul, MN 55104
Dear Mr. Killian:
The City of Orono has been working with your business
associate, Gary Petersen of Tonka Lake Properties, on the
plat of Baldur Park. Your letter of credit, 5-12527-K was
to assure connection to municipal sewer for the existing
residence by November 1, 1982, :;hould there be any unnecessary
delays in completing the Lequirad improvements for the plat.
This letter is written to advise you that if work has
not begun on the sewer extension by October 27, 1982, the
City will require an extension of the letter of credit to
be delivered to this office by Friday, October 29, 1982.
Please call my office if you have any question concerning
this matter.
Sincerely,
Je �(A•
nne. Mabusth
Zoning Administrator
cc: Katharine A. Huart
American National Bank
Fifth and Minnesota Street
St.. Paul, MN 55101
Cary Petersen
Tonka Lake Properties
26►j1 Arcola Lane
Wayzata, MN 55391
John. Nord
9375 Creekwood Drive oan Lattin, Finance Clerk
Eden Prairie, MN 55344 File
Yl t1 1."%t. A 4' 1 ' 15, • 11)NI%ISIRAII0% A I1%AK'1 471 7358 • MIKLK' W0*KS - 4737159
%%%I 1SI%e
Ott
n
P 314 f.
RECEIPT Fn. , URTIFIED MAIL_
NO INSURANCE COVERAGE PPOVIDE t,
NOT FOR INTER4ATIONAt MAI[
.__
(Clef' ReVerise
SENT To
E 1�l t`11 S ► L L i A O
JT� ALTAN O 0 t)oIcz-TH LING
P irA f III> CUtif
• Aug � S /
POSTAGE 1
CERTIFIFIDFFf �J t
SPEDAL DELIVEAY c
AFSTW.TFD OFI IVFAr t
S! i
y 090 VW4w Ahl t
;I►" Cr rfN!{: ADO I
.� t
h N!0 At>[fpE S4 !�
Zlyfpr
•. At T AQ&A4 I
j
i
AA n Tf I
E
J
y
J'
uSil q-A
gA11A �` D
T
ZIS
S
MINNEHAHA CREEK
WATERSHED DISTRICT
P.O. Box 387, Wayzata, Minnesota 55391
some of MSNAGENs.
DwN N Cuchnn ►u. . AIMoi 1 lMm.n . John l Ihomu • U.rWu A GodMundwn . Nith.a R L.nu❑
IANE MINNETONKA
s
NAile;.�lU AUYNDANf � S;
y
V NMF'.0 IA u�=
Permit Application No: 82-104 Date: October 22, 19b2
Applicant: Tonka Lake Properties
Gary Peterson
2662 Arcola Lane
Minnetonka Beach, Minnesota 5j3bI
Location: City of Orono, Sec. bCAC, Baldur Park Peninsula, North
Arm, Lake Minnetonka
Purpose: 3 lot subdivision with one existing home on 2.75 acres
At the regularly scheduled October 21, 1962 meeting of the Board
k i' Managers, the subject permit application was reviewed along
with the fol.-�wing exhibits:
1. Permit dpplicatiorr received October b, 19b2.
2. Site Plan and street profile prepared by Mark Gronberg, P.E.
received October 3, 19b2.
The Board approved the permit application as submitted on the
basis that normal stormwater management requirements are not
feasible for this site and the impact on runuft' rates and quality
would be insignificant. The board of Managers also made the
following comments:
1. The first floor building elevation should be at least one
foot above the regional flood elevation cif 931.5 MSL.
2. No fill material for the purpose of home and road construction
is allowed below the regional flood elevation of 931.5 MSL.
3. A building sett,ac.K of 75' must be maintained from the most
lakeward portion of the building foundation and the NUHW
(929.4 MSL, Lake Minnetonka).
This document is your permit from the MCWL. It is valid for one
(1) year. If construction is not complete within one (1) year, an
extension must be requested. Pleaae contact the District at
473-4224 when the project is about to commence so an inspector may
view the work 1 prug�ess .
cc. yoeri
is iael A. anz r, P.
C. Macomber
c. City of Orono
October 221, 19b1 _ Cordon Coffin Co.
Late o ssue
pike bridge-nobabe Creek, mortb of Cikr
Center, Nina•
R. 52-96 Thomas Begley - rip -rap sboreline ia�pc
beach sand blanket, channel between Gideon Bay yd
Lagoon. Tonka Bay.
S. 52-97 Maegele Outdoor Adv. Co. - outdoor advertieisg
sign and access toad, ■wy 7 at Christmas Lake Rd, SWISSB@&
T. 92-96 Voter S. Watson - beach sand blanket, 0i6eoa an,
Lake Minnetonka, Shorewood.
i O. 82-99 vRA Corporation - grading and drainage fog a
multiple housing project, 12601 Sherwood Place, Minnetonka.
V. 52-100 City of Minnetonka - utilities construction at
tricksos's Tookawood Addition, Sonkawood Rd, Minaetonka.
V. e2-101 Larry Bader - grading and drainage plan tot 5
single family bosom and o::tlots. Riveria Lane South at
Yellowstone Trail, Sborwcod.
e. 52-102 Keith Arneson - lake setback +sriance of 371+/- to
construct a garage, Christmas Lake, Shorewood.
Y. 92-103 ■arvey MacKay - lake setback variance of 35'+/-
for addition to existing structure, Christmas Lake,
Sborewood.
!. e2-104 Tonka Lake Properties - 3 lot subdivision with one
existing bole on 2.75 acre&, Saldar Park Peninsula, north
Arm, Lake Minaetoska, Orono.
AA. 62-105 Tingewood, Inc. - grading and drainage for a
9-unit townhouse project, Radisson inn Rd torth of Christmas
Lake, Shorewood.
5. Co•resposdanes.
6. Nearing of requests for petitions by public for action by the
Watershed District.
7. Repvcts of Treasurer, engineer and Attorney.
A. Treasurer's Report - Mr. Carroll
(1) Administrative Fund Report
a. engineer's Report - Mr. Panzer
(1) r-Arodata Collection and Billing
- Memorandum dated September 16, 1982
(2) Permit Application F;,rs/Fees
- Memorandum da!t. September 1, 1982
(3) Water +aintenance and Repair Fund
- Requests for Payment
(4) Volunteer Lake Level Monitortiig
- Status Report
(5) CP-7 West «th Street Dredging
- Status Report
(6) CP-5 Painter Creek Bngtn*er's Report
C. Attorney'• Report - Mt. Macomber
s. Ontinished Business.
A. Rule and Regulation Revision/Chapter 509
a. District Initiated Maintenance Projects
C. bridge Obstruction
D. Draft Permit Application Guidelines
9. New susintes.
I •Aqn--ft.w.
M
4
f-
ADVISED BY AIRMAIL THPOUGH
r CITY OF ORONO
335 BROWN ROAD SOUTH
ORO'.0, MNNESOTA 55323
L
GENTLEMEN: RE: LETTER OF CREDIT NO. S-12527-h
FOR ACCOUNT 0-
DENNIS S. KILLIAN, 120 NORTH SNELLTNG AVENUE, ST. PAUL, MINNF.SOT_1 55104
WE HEREBY AMEND THIS CREDIT AS FOLLOWS:
EXTEND EXPIKATTON DATE TO KV: 1, 1983.
* * * * t * * * * * * * * * * * x * * * * * * * * * * h * * * * * * * r.
CALL OTHER CONDITIONS REMAIN UNCHANGED,
vaov/vlow�v vr%jkl
tvfMONtZtU !'lt�• tu�1l
s
March 11, 1983
1 2 4 12111
V
CITY of ORONO
h,st Office Box 669('rystal Bay. Minnesota 55,123•Mwueipal Offices
On the, Nortlt tihon, of Lak(, Minnetonka
Mr. Dennis S. Killian
120 North Snelling Avenue
St. Paul, Minnesota 55104
Re: Letter of Credit S-1.2527-K
Dear Mr. Killian:
This letter is written to advise. you that the residence at
1340 Baldur Park Road has not been connected to municipal
sewer. The City will require an extension of lettF, _)f
credit S-12527-K to be r'_:ivered to this office by :'onday,
April 25, 1983.
Please call if you have any questions concerning this request.
Sincerely,
t Jeannu A. Mabusth
C Zoning Administrator
^c: Katharine A. Huart t1�' 6
000
American National Bank a
Fifth & Minnesota Streets
St. Paul, Mn. 55101
Gary Petersen
Tonka Lake Properties
2661 Arcola Lane
Wayzata, Mn.55391
.loan Lattin, Deputy Treasurer
CERTIFIED MAIL
tll ll 1)1\1.A P0\1\1• 4'1 0 4")?-IS1( • Pt DUf %OKk5 471-71$9
WWI 11I\
oil
r--3
0
W- 6
u
L7J
P 0 0 --, -%314 .5 3 -1
RECEIPT FORweWIFIED MAIL
NO INSURANCE CDVFRA(J( PROVIDEI)- -
NUT FOR INTERIIATIONAt MAIL
"Ef T
TAT[
44
w 1-3KCIAL UkLIVF41
Pf.STPIC" I () DEL IVF*P',
cc cc
ac
Im
TOYA
PO
L)
F-7
A M
I i<R 'VOCABLF: :_i. i'' !:R OF CREDIT ti0. S-1�5� %
jXN I Q " � ---
April 1'), 1),;.
City of Orono
1.135 Browo Road South
(Irono, 'linnesita 55323
.;cntletten;
'c h.2reby establish ..wr Irrw, !^ic Ldtt:rr o: Credit :�)-% ''-n Your
fivor for :he accounL of Ocnni8 "iflian, tlYl?t1?, St.
pa -,I, :1*:1::csata 5510:, .;p to an a;sr`-.,ate b7.101Jiit Of �. Dollar:; live Viou-
= NS$5,000.00) ay..i�able by yovir draft(s) at -:i ;ht d.a..T on us cu:d ac-
co-p:lnied by the following:
ur sisned statement certii—in that the c..tt a,.:n iepresc:ts
past due debt to tae City : f Crorlo for se•.:cr c. ^sr rust icn, f r,ri
nennis S. 'Killi.3n.
draft;s) drawn under this Latter o' Credit rust '-c nar:ced "Drawn under
_.er:can National bank and Trust Cr:�pany Letter of Credit 7:o.
:.ite:! Acril 19. 1982."
i•:tt hereby engage •.ai,h yuurlthat .a. �G{�► 1 •. +,:.: and in cv:.''.plian ce with
the terra: of this Letter Credit ;.ill bn dt:
i` Jra,,.!r. and pre-
sented to us c•n or bef .v -ovember 1, 1982. .�
1';11s 'otter of Credir is _ u uni`urn Cusc,.:ns and Practice for
Documentary Credits, 1974 Re•,ision. internaticnal ril?r.ber of C:u--.-.erca,
Publ ic•ation ')90.
lours trul-•.
American ional Frank and 7:ust Conpany
(Catharine A. ► .;'-t
International ranking Officer b Manager
International 8'inkin- Department
A•�i 10. A'1 .A' I' , ,I - .� ``- ' r
-
AMERICAN NATIONAL BANK
& TRUST COMPANY
SAINT PAUL, MINNESOTA 55101. U.S.A
APRIL 27, 1983
r ADVISED BY AIRMAIL THROUGH
L
r-
CITY OF ORONO
1335 BROWN ROAD SOUTH
ORONO, MINNESOTA 55323
L
GENTLEMEN: RE: LETTER OF CREDIT NO. S-12527-1C
FOR ACCOUNT OF
DENNIS S. KILLIAN, 120 NORTH SNELLING AVENUE, PAUT., MINNESOTA 551.04
WE HEREBY AMEND THIS CREDIT AS FOLLOWS:
EXTEND EXPIRATION DATE TO JUNE 1, 1984.
* * * * * * * * * * * * * * * * * * A * * * * * * * * * * * 1, * * * * :.
ALL OTHER CONDITIONS REMAIN UNCHANGED.
vF H. ytgk,t roL, F4 /
+r.hHil( L * 11 T F1F
9
TO: Joanne Lattin, Assistant Finance Director
Dick Benson, City Administrator
John Gerhardson, Public Works Coordinator
Jeanne A. Mabusth, Zoning Administrators ---
Bruce Malkerson, City Attorney
Glenn Cook, City Engineer
FROM: Michael P. Gaffron, Assistant Zoning Administrator
DATE: May 24, 1984
SUBJECT: Letter of Credit, Gladys Olson Sewer Connection
1340 Baldur Park Road
As per the recommendation of City Attorney Bruce Malkerson, we
intend to let expire the letter of credit No. 5-12527-K, in the
amount of $5,000, which was intended for debts incurred by the City
for construction of sewers, which construction has not been commenced
nor is it immediately intended.
Fuik-her, we now intend to commence a hazardous building action
against the property, the current owner of which would appear to
be Midwest Federal.
.0 CERTIFICATE
CF
TITLE
No.
618219
DISTRICT COURT
No (s) 11204
Transfer from No. 616266 C. iginally
registered the 28th
day of October
A. U. 1952
Volume 627
Page 1�-4: 70
N :t 6182
STATE of MINNESOTA, REGISTRATION
CouNTY of HENNEPIN.
This is to certify that Tonka Lake Properties, a Minnesota General Partnership of 2661 Arcola Lane, :'ty of Wayzata, County of 'iennepir
stair c,t "linne�;'_�
now the owner(s) of an estate in fee simple of and in the following described land situated in the County cf Hennepin and
State of Minnesota, to wit:
Lot '0, Block 1, "Baldur Park", according to the plat thcre3f on file or of record ;n the office of the Register of
Deeds in and for said County.
C..L:,..• &w 1Lw I:ww. --A --#-A 1..1 &L- — .w�.: �h--A---.-a4a" n. wr A--w.: i.n.wn... +- 1 ...L—# •.. •L -
CERTIFICATE OF TITLE 61 S 219
No. b18219
DISTRICT COURT No (s1 111.04
Transfer from No. 616266 G iginally registered the 28th day of October
A. O. 1952 Volume 627 Page Iq''470
OR REGISTRATION
[PIN.
lify that Tonka Lake Properties, a Minnesota General Partnership of 266! Arcola lane, City of Wayzata, County of Hennepin,
inne--uta
ie owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and
nesota, to wit:
Lot '�, block 1, "Baldur Park", according to the plat thereof on file or of record ;n the office of the Registe- -r
nd for said County.
M
X
OIL
0
�:wM �A� iw�N��• ww��� �u 1{a w }.•�.wr:l� ..wrier..Ul:N�w n• �I �r�►f A.I i.a rwnw• ... �1 •..i.:wN •.. •�.w
and the title thereto" of the General laws of the State of Minnesota for the year 1.905, and the amendments there•-f. namely:
1. liens, claims or rights arising under the laws or the constitution of the United States, which the statutes of this state car: got requI -r• .o appear of ree0.
2. The lien of any tax or special assessment for which the land has not been sold at the date of the certificate of tlt!e
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the !ease.
4. All rights in public highways upon the land.
5. Such right of appeal or right to appear and contest the application as is allowed by law
6. The rights of any person in possession under deed or contract for deed frour the owner of the certificate of tale
DOCUMENT
( NUMBER
F=
IN WITNESS WHEREOF, I have hereuw , subscribed my name and affixed the :eal of
this Sevente th day of November G"
R. Car Carts
Reg:strir of Titles,
In and for the County of Hennepin and State of
n
MEMORIAL ey
OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED !N THE CERTIFICATE Of TITLE HERETO ATTACHED.
OATS OF r,, a�G►►ATU
KIND OF I DATE OF REGISTRATION
INSTRUMENT AMOUNT RUNNING IN FAVOR OF )EpUTY RE
INSTRUMENT t &%nth Dh Month Day Year
Jun 22 1973 2:40 Can -Am Holdings, Incorporated (a
Warranty On other land i Minn Corp) Resetving a non-
I"1018 ��ged----I�Fab _M_ax_ _ 1.90 _ a _ _—�sxclu5 i Ye- eaSemeIIL ..fflt_ dri veWay -----
l IDUrDOses over other land. See Inst.
1431�64_t��d9 ��---'���- ul 7 1
t I
1440,�81 _Mortgage-__4.�lp? 1 19_8_ Sep 17 14
-1440562
t
$2°.00 Norman ttoshou b
1
65UQ2-,,C0__;_Aichard _Seiderikracu
M?dwest Federal `avings and Loan
Association of Minneapolis,
M i rp"Rg.l-i s — M_ion. ---
j Gladys L. Olson
11340 Baldur Park Rd.
�J
„0 kt
V
Jthereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely:
Claims or rights arising under the laws or the constitution of the United States, which the statutes of this state can�-ot requi-e to appear of �• {�
lien of any tax or special assessment for which the land has not been sold at the date of the certificate of ►it'.e.
lease for a period not exceeding three years, when there is actual occupation of the premises under the lease.
ights in public highways upon the land.
right of appeal or right to appear and contest the application as is allowed by law.
rights of any person in possession under deed or contract for deed from The owner of the certificate of title.
'%p1RU ojr"1fnp IN WITNESS WHEREOF, I have hereuo , subscribed my name and affixed the .ca! of my cff.te
'eet°"`cf . T �y''4,� this Sevcr.tc tr day of November d
= 1.� <-,,
4. R. Dar Car l s.,:.
ugaaL C O tv ',
KIND OF
INSTEUP61ENT
Warranty
Deed
judgment—
Mortga4m__
iE
�12_ Registrar of Tales,
da
2�
OR.
In d for Ow County of Hennepin and State of Minnescta.
Ikz
MEMORIALdY , pEPUTV
OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF T17LE HERETO ATTACHED.
OATS OF — —�— o�GNATURE OF —
INSTRUMENT DATE OF REGISTRATION _ AMOUNT lj RUNNING IN FAVOR OF --
Month7Ray Vosr Month Oay vT!1!L_ Hour �EPUTV REGISTRAR
Jun 22 1973 2:40 i-Can-Am Holdings. Incorporated (a —±
10n other land Minn corp) Reserving a non -
Feb 10 1Max 23 - 1 j80 _ 8.-
1 purposes over other land. See Inst.
! i $20,.00 Norman Moshou 6
Dec h 197 Jul 7 1981
—._._.�541ZZ.Ir.---,Aishard_Seidtnkr�nz _
Midwest Federal Savings and Loan
,,ssociation of Minneapolis,
Sep 11 1981.1 Sep 17 1981 4 4 - _ _ _' U4000.00 M i noupQ 1_[ 5,M1on_ 1�---
Gladys L. Olson
1340 Baldur Park Rd.
Sep 2 1981 i 1 1 81 S541 QMQ__ Wayzata,-bi.nn.
SEE OVER
CERTIFICATE
OF
TITLE
No.
6182r1
DISTRICT COURT
N0.l3l 11204
Trans`ur frog•, No. 616266 Originally
registered the 28tr
dTf of Uctoter
D. 1
Volume 627
Page 190970
STATE of MINNESOTA, REGISTRATION
COUNTY rNENNEMN.
This is to certify that Tonka Lake Properties, a W nrresota General Partnership of 2661 Arcola Lane, City of Wayzata, County c
State G: MinnesuL-i
i now the owner(s) of an estate in fee simple of and in the following described land situated in the rounty of Hennepin and
State of Minnesota, to wit:
Lut> 31 ar,d j2, 8lo�-� 1, "Baldur Pail.', accur,�`rc; t rr.e plat thereo, on file or of record in the ctfice o' th.
of Deeds in and fer said County.
r. _ .. . ,a t.�w.._� .� . —� i 4. +�— �++_�! .,...f..++..�i1�.. w. �...1.Mr.�•1 :�.ti...i- •.� �..iri�r� M �i�r
L3:, CERTIFICATE
OF
TITLE
No.
618218
DISTRICT COURT
N0.is► 11204
Transfer from No. 616266 Originally
registered the 2W
dAy of Octot.•.,
A. D. 19`
VpIUme 627
Page 190970
'r . f,?fi' I
EMTA, REGISTRATION
aNEM.
�rtify that Tonka Lake Properties, a Writiesota General Partnership of 2661 Arcola Lane, City of Wayzata, County of Hennepin,
M i nnesut,i
the owner(s) of an estate in fee simple of ana in the 'following described land situated in the bounty of Henn --pin zr:cf
nnesota, to wit:
Lots 31 and 32, Block 1, "Baldur Park", according to the plat thereof on file or of record in the office oll th. Registr-
in and fer said County.
M
X
W
J r._.
and the title thereto" of the General laws of the State of M�nnesota for t'ae year 1 "05, and the amendments thereof. -rely
1. Liens, claims or rights trising under the laws or the cvnstit„,.on of the , sited States, which the statutes of this stite cannot require in 4ppear of -?cord
2. The lien of an, r -oecial assessment for which the land has nor been weld at ;he date cf the certificate of tale.
3. Any lease for at exceeding three ysars, when there Is actual occupation of siee premises under ',e iease.
4. All rights in pu ways upon the land.
S. Such ht of aF or right to appear and contest the, application as Is al:owed by lew.
b. The r s of any p,rson in possession under deed or contract for deed from the owner of the certificate of title.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
Seventeent' day of ,vember 1961
R. Dan :a .son
Registrar of Title,
in and for fhe Cor;relty of Hennep a d Stare cs M,
MEMORIAL
_ OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICAll OF TM MERETO ATTACHED
1 �— DATE OF T; S' fs N A 7 o
nOCUMENT KIND OF OATE OF REGISTRATION
�NBTIIUMENT AMOUNT RUNNING 1N FAVOR Of
NUMBER i INSTRUMENT Mawth7Day Vear if Martin Da Year Nsur _- _ _ _�__— _ j r
1431 Judgment-_ - I Dec
I
I�1440S83 Mortgage i se_p
jl I
M°- rtoa eg_—t-S-gp
i
I
i
k t
' r I
-�9.00 Norman Moshou s
Jul 7 1981 0 0 __-Richar�.5ai��n' + '.---------_
Gladys L. Olson
1340 Baldur Park Pd.
Seo 17 1 Il 4
i Gladys L. Olson
1340 Baldur Park Rd,.
i Sep 17 1981 4 } $20J00 UO__t Wayzata • MJj�n_ 1Qt..— --__--
title thereto" of the General laws of the State of M nnesota for year 1 '05, and the amendments thereof, -rely
Liens, claims or rights +rising under the laws or the constitw.on of the ;:•itecl States, wf,ich the statutes of this state cannot require to ,appear of record
The lien of an, ,r oecial assessment for which the land has not been sold at +he date of the certificate of title.
Any lease for at exceeding three years, when there is actual occupation of Ine premises under ',e iease.
All rights in pu ways upon the land.
Such I•t of aF, or right to appear and contest thr application as is aLowed by law.
The r s of any p,rson 1n possession under deed or contract for deed from the owner of the certificate of title*.
� -- OF ESTAT
ENTI1 KIND OF — DATE
INSTRU
ER f INSTRUMENT Montn?Da
i4 Judgment__ i Dec
I
i MOrtgag—e_-
34 Mortriage_S_eR
i
1 �
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of -r v !t
s e�enteer t' day of ve! ; cr
Registrar of T;tlt•,
In and for tha County of Hennep a .d Stare cr Mminesota.
MEMORIAL - - -- -- -- - ocvut
S, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF "M MEMO ATTACHED.
-—
REGISTRATION SIGNATUR di
IHGATE OF
_NT — _ --AMOUNT ly — RUNNING FAVOR OF -IpEI% TV RE61tT11,• t -
r roar Montn Oay Year Meer
f
"-9.00 Norman Moshou i
1974j Jul 7 1981 _ _ _ 565Q41.00 _; Richard Sri
jC-n'
!Giadys L. Olson
1340 Baldur Park Rd.
1981 Sao 17 1981 4 20000 00 • Ay—zata• Minn.On Lp-.t_31-
-- Gladys L. Olson
13;O Baldur Park Rd..
1981 i Sep 17 1981 4$S20t]00, Q-_WavaLa,-ML p n_ of 3�--}--- --- --- ------
i
SEE OVEN