1j-2 Villages on Ponds 4th PlatCITYOF
CHANHASSEN
5fy Center Drive, PO Box i47
anhassen, Minnesota 55317
Phone 612.93Z 1900
;eneral Fax 612.93Z 5739
.ineering Fax 612.93Z 9152
lic Safe{y Fax ~12. 934.2524
.b www. ci. chanhassen, mn. us
MEMORANDUM
TO:
FROM:
DATE:
Anita Benson, CityEngineer
David Hempel, Assistant City Engineer
June 8, 1999
SUB J:
Approve Addendum "C" to PUD Agreement/Development
Contract for Villages on the Ponds - Final Plat of Villages on the
Ponds 4th Addition - Project No. 99-12
The replat of Outlot E, Villages on the Ponds, into-Villages on the Ponds 4th
Addition for The Peddler Cyclery results in the necessity to amend the original
development 'contract to include the new plat. No additional public utility or street
improvements will be necessary in conjunction with-this replat. The attached
Addendum'C extends the conditions of approval from Phase I to also apply'to the
4th Addition.
It is therefore recommended that the City Council approve Addendum C to the
PUD Agreement/Development Contract for Villages on the Ponds conditioned
upon the developer supplying the City with administration and recording fees in
the amount of $4,571.80.
ktm
Attachments:
Addendum C to Villages On the Ponds Development
Contract/PUD Agreement.
Breakdown of Administration Fees dated 6/8/99.
c: Vemelle Clayton, Lotus Realty
X~::f$ l\vo~g'viavo¥.~\villago~ addcndum c memo. doc
City of Chanhassen A growing community With clean lakes/ quali~. ,chods, a charm~ng(&w/~town/~h m?n.~s3es3 ~'and b?a~tifutp, a. rks~ A: great ~lace to live, swork~ and ~la~.
CARVERAND HENNEPIN COUNTIES, MINNESOTA
.~,~,~,,~,.,... ~...~.,
TO VILLAGES ON THE PONDS"~
SPECIAL PRO~SIONS
AGREEM~S dared June 14, 1999. by and b~tw~en the CITYOF CHANHAS~N,
.a M~nesom m~clp~ co~oraUon ("City"), ~d A~SMARDEVELOPME~ COMPAN~ :_ _ : -: ....
LC, a Mi~esom Lt~d Lia~ Compmy (~e Developer ),
1. BACKGR~ND.' ~o O~of C~nhassenhasprcvi0usl7
Development Con~acOUD Agreem~nt~r-~lageson~e Pondsda~
~e DeveBpmentCon~ac~ A~ent wa~re~rded at3:30 p.,m. on D~embe~
Ponds 4~ Addi~n, a poffion of wMch:proper~was ofig~ly locat~ ~ Yil~geson:~
- 2. EXTENSIONOF DE~LOP~E~ C~T~AcT; ~eD~ment '
Con~ac~UD A~ement sh~ ~n ~ fullforce ~deffect and sh~lalso aPPlylo Vi~ag~n~
· e Ponds 4~ Ad~fion. :
1 -
3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the
Development Contract/PUD Agreement, the following conditions shall apply:
a. The applicant shall pay the City administration fees for review and recording of the
final plat documents.
b. The proposed commercial development of 0.63 net developable acres is
responsible for a water quantity fee of $2,746.80. This fee is due payable to the city prior to the
city signing the final plat.
c. Lot 1, Block 1, Villages on the Ponds 4th Addition, is subject to full park and trail
fees per city ordinance. One third of these fees will be paid prior to recording the final plat. The
remaining two thirds shall be paid at the time the building permit is granted.
d. All areas disturbed as a resuk of construction activities shall be immediately
restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of
completion of each activity in accordance with the City's Best Management Practice Handbook.
e. The sanitary sewer and water lines and storm sewer on the site will be privately
owned and maintained by the property owner and not the city. The contractor will be responsible
the appropriate sewer, water, and plumbing permits from the City's building
for obtaining
Department.
f.
Construction Hours. Construction hours for required improvements under this
contract and for home and building construction in the plat, except for work that cannot be heard
outside the home or building, shall be from 7:00 a.m. to 6:00 p.m. on weekdays, f~om 9:00 a.m. to
5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays.
Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
2
approved work performed after dark shall be adequately illuminated. If construction occurs outside of
the permitted construction hours, the Development shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$ 500.00
$ 1,000.00
All site develolanent and
construction must cease
for seven (7) calendar days
g. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
h. The applicant shall design and construct a six foot wide concrete sidewalk along the
north side of Lake Drive as part of the plat.
i. The applicant shall develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook (BMPH). Type III erosion control fencing will be
required around the wetlands. The site may also require additional erosion control fence on the slopes
and/or temporary sediment basins. Wood fiber blankets shall be utilized on all slopes in excess of 3:l.
j. All private streets shall be constructed in accordance with the City's private street
ordinance which requires a minimum 26-foot wide drive aisles and built to 7-ton design. A six foot
wide concrete sidewalk shall be installed on the west side of the private north/south street.
4. RECORDING. The Development Contract/PUD Agreement and this Addendum "C"
shall be recorded against all lots and blocks and outlots in Villages on the Ponds 4th Addition.
IN WITNESS WHEREOF this Addendum "C" was executed by the parties the day and
year first above written.
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
AND
Scott A. Botcher, City Manager
DEVELOPER: AUSMAR DEVELOPMENT
COMPANY, LLC
BY:
John H. Ward, Chief Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of
1999, by Nancy K. Mancino and by Scott A. Botcher, 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
1999, by John H. Ward, the Chief Manager of AUSMAR Development Company, LLC.
Drafted by:
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
Notary Public
(612) 937-1900
4
MORTGAGE HOLDER CONSENT
TO ADDENDUM "C" TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT/PUD AGREEMENT
Century Bank National Association, which holds a mortgage on the subject property, the
development of which is governed by the foregoing Addendum "C" to Villages on the Ponds
Development Contract, agrees that the Development Contract/PUD Agreement shall remain in full
force and effect even if it forecloses on its mortgage.
Dated this ~. day of ,1999.
By
Its
STATE OF MINNESOTA )
( SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
,1999, by
day of
, its
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
g:XengXdc\villages addendum c.doc
CITY OF CHANHASSEN
VILLAGES ON THE POND FOURTH ADDITION
PROJECT NO. 99-12
BREAKDOWN OF ADMINISTRATION FEES - 6/8/99
Estimated Total Cost of Public Improvetmnts ..................................................................................... $0
- City Administration fee ............................................................................................................. $100.00
- Final Plat Process (Attorney Fee Escrow for Review of final plat
and Development Contract) ............................................................................................ $350.00
- Recording Fees
a. Addendum "C" to Development Contract ................................................................... $30.00
b. Plat Filing ..................................................................................................................... $30.00
- One-third Park and Trail Fees (0.63 acres x $6,000/acre + 3) ............................................... $1,260.00
- SWMP Fees (water quantity) ............................................................................................... $2,746.80
-GIS Fees ...................................................................................................................................... $55.00
TOTAL ADMINISTRATION FEES ................................................................................ ~
\Xc fs l\vol2XengMc\villages4th, fee.doc