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7b. Autumn Ridge 2nd Addition: Addendum A to Development Contract.CITY OF b CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 •FAX (612) 937 -5739 MEMORANDUM TO: Charles Folch, Director of Public Works FROM: David Hempel, Assistant i 4 p City Engineer DATE: September 3, 1997 SUBJ: Approve Addendum "A" to Development Contract for Autumn Ridge 2nd Addition - Project No. 96 -4 The replat of Autumn Ridge 2nd Addition into Autumn Ridge 3rd Addition results in the necessity to amend the original development contract to include the new plat. No additional utility or street improvements will be necessary in conjunction with this replat. The developer has extended the berm along Galpin Boulevard. A revised grading plan has been prepared accordingly. Staff has reviewed the plans and finds them acceptable. The attached Addendum A extends the conditions of approval from the. 2nd Addition to also apply to the 3rd Addition. The development contract for Autumn ridge 2nd Addition was executed by Mr. Joe Miller of Scenic Enterprises. D.R. Horton purchased Autumn Ridge 1 st and 2nd Additions from Mr. Miller on September 2, 1997. The development contract for Autumn Ridge 1st and 2nd Additions will need to be reassigned to D.R. Horton. Accordingly, staff anticipates a request from D.R. Horton shortly. It is therefore recommended that the City Council approve Addendum A to the development contract for Autumn Ridge 2nd Addition conditioned upon the developer supplying the City with a recording fee escrow in the amount of $100.00, and D.R. Horton requesting the City to reassign the development contract for Autumn Ridge 1st and 2nd Additions to D.R.Horton. jms Attachment: 1. Addendum "A" to Autumn Ridge 2nd Addition Development Contract. c: Joe .Miller, Scenic Enterprises Don Patton, D.R. Horton \k.fsl \vol2\eng\dave',c\autumn ridge 1 &2 reassignment~doc OFFICIAL ENGINEERING COPY Received Revia -ion No. Approved by City F- ingineer Date Approved by City Courted Date CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO AUTUMN RIDGE 2ND ADDITION DEVELOPMENT CONTRACT & PUD AGREEMENT SPECIAL PROVISIONS AGREEMENTS dated August 11, 1997, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), and SCENIC ENTERPRISES INC., a Minnesota corporation (the "Developer "). 1. BACKGROUND. The parties have previously entered into a development contract & PUD agreement for Autumn Ridge 2nd Addition dated April 22, 1996 (the "Development Contract "). The Development Contract was recorded on August 13, 1996 as Carver County Abstract Document No: 199520. The developer is now platting Autumn Ridge 3rd Addition which property was ori ginally platted as Autumn Ridge 2nd Addition. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect and shall also apply to Autumn Ridge 3rd Addition. 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the development contract, the following .special conditions shall apply to Autumn: Ridge 3rd Addition: A. The proposed extension of the bemfing along Galpin Boulevard eliminates one tree. This tree shall be replaced by two conifers with a minimum height of seven feet. B. The developer shall execute an addendum to the. development contract for the Second. Addition to incorporate the Third Addition. G The applicant shall provide a copy of the final soils report for the subdivision as well as a copy of the final grading plan for the entire- subdivision :prior to issuance of any. building permits. D. The building designer should meet with the Inspections Division review staff to discuss design and permit requirements before finalizing building plans." 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots, blocks, and outlots in Autumn Ridge 3rd Addition. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. CITY OF CHANHASSEN I: Nancy K. Mancino, Mayor (SEAL) /M Don Ashworth, City Manager SCENIC ENTERPRISES, INC. I: Its President 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 Scenic Enterprises, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public Drafted by: City of Chanhassen 690 Coulter Boulevard Chanhassen, MN 55317 (612) 937 -1900