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1e. Approve Certificate of Compliance, Arb. Business Park 3rd CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ie- MEMORANDUM TO: Paul Oehme, City EngineerlDirector of Public Works Joseph Shamla, Project Enginee~~ June 23, 2008 ,-7 0 .( ~ FROM: DA TE: SUBJ: Approve Certificate of Compliance - Arboretum Business Park 3rd Addition - Project No. 99-05 PROPOSED MOTION "The City Council approves the attached Certificate of Compliance releasing Chaska Gateway Partners Limited Partnership from the financial obligations of the Development Contract for Arboretum Business Park 3rd Addition, Project 99-05 with the exception of unpaid park charges and special assessments that have been levied or are pending against the subject property, if any." Approval of this item requires a simple majority vote of those City Council members present. BACKGROUND Chaska Gateway Partners Limited Partnership, the developer of the above- referenced project, has requested that the City grant a Certificate of Compliance for Arboretum Business Park 3rd Addition. The development contract allows for the issuance of such certificates when the project is completed. Staff has reviewed the files and finds the project complete and in compliance with the development contract with the exception of a trail. A regional trail is proposed to be placed along West 82nd Street in front of Holiday Stationstore and Superdog. Since construction of the Superdog site will cause significant damage to the trail, the developer has requested to install the trail when Superdog is complete. The city will hold escrow for the total cost of the trail to ensure completion. It is therefore recommended that the City Council approve the attached Certificate of Compliance. The City Attorney has reviewed this Certificate of Compliance and finds it in order. ATTACHMENT 1. Certificate of Compliance c: Jason Hutchinson, Steiner & Curtiss, P.A. g:\eng\projects\arboretum 3rd\coc memo.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CERTIFICATE OF COMPLIANCE CERTIFICATE OF COMPLIANCE granted June 23,2008, by the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). WHEREAS, the City entered into that certain Development Contract / PUD Agreement dated October 11, 1999, between the City and CHASKA GA TEW A Y PARTNERS LIMITED PARTNERSHIP filed December 23, 1999, as Document No. A262448 in the office of the County Recorder, Carver County, Minnesota (the "Development Contract"). WHEREAS, the City has been requested to issue a Certificate of Compliance pursuant to that certain Development Contract concerning Arboretum Business Park 3rd Addition, Carver County, Minnesota (hereinafter "subject property"); and WHEREAS, the development work has been completed and the City has determined that it is appropriate to issue such a certificate. NOW, THEREFORE, BE IT RESOLVED BY THE CHANHASSEN CITY COUNCIL: 1. The subject property is hereby released from the financial obligations created by the aforementioned Development Contract with the exception of unpaid park charges and special assessments that have been levied or are pending against the subject property, if any. CITY OF CHANHASSEN BY: Thomas Furlong, Mayor AND Todd Gerhardt, City Manager STATE OF MINNESOTA) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2008, by Thomas Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Telephone: (952) 227-1100 g:\eng\projects\a-e\arboretum3rd\certificate of compliance. doc