1k-2 Villages Ponds 5th PUDCITYOF
'~ Center Drive, PO Box 147
ihassen, Minnesota 55317
Phone 612.937.1900
neral Fax 612.93Z5739
~eering Fax 612.937.9152
e Safe~v Fax 612.934.2524
unvw. ci. chanhassen, mn. us
MEMORANDUM
TO: Anita Benson, City Engineer
FROM: David Hempel, Assistant City Engineer ~
DATE: June 8, 1999
SUB J: Approve Addendum "D" to PUD Agreement/Development
Contract for Villages on the Ponds - Final Plat of Villages on the
Ponds 5th Addition - Project No. 99-13
The replat of Outlot G, Villages on the Ponds, into Villages on the Ponds Fifth
Addition for The Foss Swim School 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 D extends the conditions of approval from Phase I to also apply to the
Fifth Addition.
It is therefore recommended that the City 'Council approve Addendum D 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 $4,116.60.
ktm
Attachments:
Addendum D to Villages on the Ponds Development
Contract/PUD Agreement.
Breakdown of Administration Fees dated 6/8/99.
c: Vemelle Clayton, Lotus Realty
gNmgMaveXc~\villages addendum d memo. doc
7i~ of Chanhassen. A growing community with clean lakes, quality schooh, a cha~ni~ downtown, thriving businessai.an~beautifial oarks. A great ~lace to live, work, and
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CITYOF CI-!ANHASSEN '- -
CARVERANDHENNEPIN COUNTIES,- M~NESOTA
-Al "N.' '~-" "'
TO VILLAGES ON THEPONDS -_
DEVELOPMENTCONTRACT/PUD AGREEMENT
spECIaL PROVISIONS ~ _
' AGREEMENTS dated June!4,1999,by and betwecntheC
a Minnesota municipal corporation ("Ci~y").and-AUSMAR DEVELOPMENT COMPANy,
,L ' ....... " ' " - - -
L ~C, a Minnesota Limited Liability Company (thc DevelOper ). _
1. BACK~ROUND. Th~CityofChanhassenhaspr -e~'iqusly
Development Contr~t/PUD Agremeattfor sdate
The Development Contract/PUD A~~tt-~_a~ecord~d-at 3:30
Carver CountyAbstract DocumenrNo~2054 I7. The developer is now pla--t!~ng
PondsFifth Addition, a portion of which prol~r~r~was originally locate
Contract/PUD Agreement shall mmam m frill force, and effectand shall also apply
thePonds Fifth Addition. . _
-, 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. Lot 1, Block
trail fees per city ordinance.
1, Villages on the Ponds Fifth Addition, is subject to full park and
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.
c. 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.
d. 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.
e.
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, lkom 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
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 development and
construction must cease
for seven (7) calendar days
2
f. 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.
g. The developer shall dedicate on the final plat a drainage and utility easement along the
northeasterly and east 10 feet of Lot 1, Block 1.
h. Lot 1, Block 1 shall be developed without impacting the existing retaining walls along
the east property line.
i. The applicant will be responsible for the appropriate water quantky connection fees
based on the City's Surface Water Management Plan.
responsible for 0.56 acres of cornrnercial development.
Staff has estimated that this site will be
The proposed phase of this project will be
responsible for 0.56 acres of water quantity fees or $2,441.60. The SWMP fees are payable at time of
final plat.
j. The applicant shall design and construct a six foot wide concrete sidewalk along the
south side of Lake Drive, adjacent to Lot 1, Block 1, as part of the plat.
k. The developer shall be responsible for completing the parking lot improvements in
conjunction with the development of the adjacent lot including the installation of parking lot
landscaping, concrete curb and gutter, drainage catch basins, if necessary, and lighting.
4. RECORDING. The Development Contract/PUD Agreement and this Addendum "D"
shall be recorded against all lots and blocks and outlots in Villages on the Ponds Fifth Addition.
IN WITNESS WHEREOF this Addendum "D" 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
(612) 937-1900
Notary Public
4
MORTGAGE HOLDER CONSENT
TO ADDENDUM "D" TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT/PUD AGREEMENT
Centur~ Bank National Association, which holds a mortgage on the subject property, the
development of which is governed by the foregoing Addendum "D" 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
DRAFFED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
g:~engMc\villages addendum d.doc
5
CITY OF CHANHASSEN
VILLAGES ON THE POND FIFTH ADDITION
PROJECT NO. 99-13
BREAKDOWN OF ADMINISTRATION FEES - 6/8/99
Estimated Total Cost of Public Improvements ............................................................................. ~ ...... ~ $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 "D" to Development Contract/PUD Agreement ....................................... $30.00
b. Plat Filing ..................................................................................................................... $30.00
- One-third Park and Trail Fees (0.56 acres x $6,000/acre + 3) ............................................... $1,120.00
- SWMP Fees (water quantity) ............................................................................................... $2,441.60
-GIS Fees ...................................................................................................................................... $45.00
TOTAL ADMINISTRATION FEES ................................................................................ $ 4:116.60
g:X,engk:lc\village s5th.fee.doc