5c. Approve Addendum "A" to Development Contract/PUD Agreement i
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-- ,# 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
u , (612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, Director of Public Works
FROM: David Hempel, Assistant Si ty Engineer y t 1�
DATE: September 16, 1997
SUBJ: Approve Addendum "A" t$ Development Contract for Villages on the Ponds,
Phase I - Project No. 96 -1 . & 97 -8
The replat of Villages on the Ponds, Phas. I into Villages on the Ponds Second Addition results in
the necessity to amend the original development contract to include the new plat. No additional
public utility or street improvements will ae necessary in conjunction with this replat. The
attached Addendum A extends the condit ons of approval from Phase 1 to also apply to the
Second Addition. It is therefore recommi nded that the City Council approve Addendum A to the
development contract for Villages on the ' onds conditioned upon the developer supplying the
City with an administration and recording fee in the amount of $100.00.
jms
Attachment: 1. Addendum "A" to Villages on the Ponds Development Contract
c: Vernelle Clayton, Lotus Realty
g:\eng\dave'cc \villages addendum a.mem.doc
OFFICIAL ENMNEERRIG COPY
Received
Revision No.
Approved by City Engineer
Date `1 / c: 5 i C.'IL
Approved by City Council
Date
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ADDENDUM "A"
TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT /PUD AGREEMENT
SPECIAL PROVISIONS
AGREEMENTS dated Sepember 22, 1997, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City"), and AUSMAR
DEVELOPMENT COMPANY, LLC, a Minnesota Limited Liability Company (the
"Developer ").
1. BACKGROUND. The parties have previously entered into a Development
Contract/PUD Agreement for Villages on the Ponds dated September 23, 1996. The
Development Contract/PUD Agreement was recorded at 3:30 p.m. on December 31, 1996 as
Carver County Abstract Document No. 205417. The developer is now platting Villages on the
Ponds Second Addition, a portion of which property was originally located in Villages on the
Ponds.
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development
Contract/PUD Agreement shall remain in full force and effect and shall also apply to Villages on
the Ponds Second Addition.
3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the
Development Contract/PUD Agreement, the following conditions shall apply:
a. The developer shall grant to the City of Chanhassen a conservation easement over
Outlot L, Villages on the Ponds as described in the conditions of approval for the Villages on the
Ponds.
b. Provide cross access easements and maintenance agreements shall be dedicated
over Lots 1 and 2, Villages on the Ponds Second Addition for access and utility purposes.
c. The appropriate drainage and utility easements will need to be dedicated on the
plat over the stormwater basins and wetlands on the property. Drainage and utility easements
shall be dedicated on the final plat for the stormwater basin and wetland up to the 100 -year flood
elevation.
d. The applicant shall pay the City GIS fees in accordance with City fees at time of
recording the final plat.
e. The proposed commercial development of 2.13 net developable acres is
responsible for a water quantity fee of $9,287. This fee is due payable to the City prior to the
City filing the final plat.
f. All utility improvements shall be constructed in accordance with the City's latest
edition of Standard Specifications and Detail Plates. Upon completion of the utility
improvements, the applicant or their successors shall supply the City with a mylar set of as -built
construction plans. All utilities installed within the plat shall be owned and maintained by the
property owners and not the City.
g. The developer shall pay full park and trail fees pursuant to City Code.
4. RECORDING. The Development Contract/PUD Agreement and this Addendum "A"
shall be recorded against all lots and blocks and outlots in Villages on the Ponds Second Addition.
IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and
year first above written.
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND
Don Ashworth, City Manager
DEVELOPER: AUSMAR DEVELOPMENT
COMPANY, LLC
BY:
Its Managing Member
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
1997, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and City Manager of
the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1997, by the of Ausmar
Development Company, LLC, a Minnesota limited Liability Company, on behalf of said
corporation.
Notary Public
Drafted by:
City of Chanhassen
690 Coulter Boulevard
Chanhassen, MN 55317
(612) 937-1900
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