1c. Dev Contract for Cedar Heights Addition BC OF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
' MEMORANDUM
TO: Don Ashworth, City Manager I C 2t-
FROM: Gary Warren, City Engineer6
DATE: October 18 , 1989
SUBJ: Approve Development Contract for Cedar Heights Addition,
Kelly Bosworth
File No. 89-21 (pvt )
The Cedar Heights Addition lies in Shorewood, Minnesota. It con-
nects to the City of Chanhassen on Koehnen Circle. The City has
previously approved serving this three lot subdivision with
Chanhassen sanitary sewer and water since it would be an expen-
I sive proposition to service this property with Shorewood utili-
ties . The City of Shorewood has approved Chanhassen serving this
parcel. As such , the attached development contract has been pre-
pared to cover the installation of the sanitary sewer and water-
main in accordance with City requirements.
The developer , Mr . Bosworth, is required to present the City
with appropriate utility and ponding easements such that the
sanitary sewer and watermain and storm water pond can be dedi-
cated to the City of Chanhassen for ownership and maintenance.
The roadway, on the other hand, will remain a private drive with
maintenance and upkeep the responsibility of the developer and/or
his assigns .
It is therefore recommended that the attached development
contract for the Cedar Heights Addition in Shorewood be approved
by the City Council and its execution authorized.
Attachment: Development Contract
c: Kelly Bosworth
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' CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
' (Developer Installed Improvements )
CEDAR HEIGHTS ADDITION
SPECIAL PROVISIONS
' AGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
' "City" ) , and KELLY B. and MARY B. BOSWORTH, husband and wife
(the "Developer") .
1. Request for Plat Approval. The Developer has asked
the City of Shorewood to approve a plat for CEDAR HEIGHTS
ADDITION, located in Hennepin County (referred to in this
Contract as the "plat") . The land is legally described on the
attached Exhibit "A" .
2. Conditions of Plat Approval. The City of
Shorewood, as one of its conditions for plat approval , has
' required the Developer to provide the City of Shorewood with
written evidence of the City of Chanhassen' s willingness to
provide sanitary sewer and watermain service to the plat.
' Similarily, the City of Shorewood has declared that it has no
objection to the City of Chanhassen providing said service.
' 3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. The plans shall be prepared and
approved by the City before commencement of any work in the plat.
If the plans vary from the written terms of this Contract, the
written terms shall control . The plans are:
Plan A--The plat prepared by Sathre-Bergquist, Inc. ,
Wayzata , Minnesota.
Plan B--Construction plans for Improvements dated
August 11 , 1989 , prepared by Sathre-Bergquist,
Inc . , Wayzata, Minnesota.
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4. Improvements. The Developer shall install and pay
for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets (private)
E. Street Signs
F. Street Lights
G. Site Grading
H. Underground Utilities (e.g. gas, electric,
telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Engineering and Inspection Services
5. Time of Performance. The Developer shall install
all required improvements by June 30 , 1990 . The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and
the extended completion date.
6. Security. To guarantee compliance with the terms
of this Contract, payment of special assessments, payment of the
costs of all public improvements and construction of all public
improvements, the Developer shall furnish the City with a letter
of credit from a bank, cash escrow, or equivalent ( "Security" )
for $ . The amount of the security was calculated
as 110% of the following:
Sanitary sewer $ '
Watermain $
Storm drainage facilities $ '
Street lights and signs $
Erosion Control $
Engineering, surveying,
and inspection $ '
TOTAL COST OF PUBLIC IMPROVEMENTS $
This breakdown is for historical reference; it is not a restric-
tion on the use of the security. The security shall be subject
to the approval of the City. The security shall be for a term
ending December 31, 1990 . The City may draw down the security,
without notice, for any violation of the terms of the Contract.
If the required public improvements are not completed at least
thirty (30 ) days prior to the expiration of the security, the
City may also draw it down. If the security is drawn down, the
draw shall be used to cure the default. With City approval , the
security may be reduced from time to time as financial obliga-
tions
are paid, but in no case shall the security be reduced to a
point less than 10% of the original amount until all improvements
are complete and accepted by the City and all terms of this
contract have been met.
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' 7. Notices. Required notices to the Developer shall
be in writing, and shall be either hand-delivered to the
Developer, its employees or agents, or mailed to the Developer by
1 registered mail at the following address :
Kelly B. Bosworth
Sullivan Center
24000 Highway 7
Shorewood, MN 55331
Telephone: ( 612 ) 474-4123 or 476-4318
' Notices to the City shall be in writing and shall be either hand-
delivered to the City Manager, or mailed to the City by
registered mail in care of the City Manager at the following
address:
Chanhassen City Hall
' 690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Telephone: ( 612 ) 937-1900
Facsimile: (612 ) 937-5739
' 8. Other Special Conditions.
A. The City of Chanhassen agrees to provide uti-
lity service ( sanitary sewer and water ) to the plat providing the
terms of this contract are met.
B. The utility construction shall be in accordance
with the City ' s standard specifications dated May 9, 1989 .
C. Permanent utility and storm water drainage
easements shall be provided to the City as required by the City
' Engineer and recorded against the property at the expense of the
owner.
D. The roadway into the plat shall be a private
drive and the sole responsibility of the Developer and future
property owners for maintenance and upkeep, including snowplowing.
E. Emergency/Public Safety services shall remain
the responsibility of the City of Shorewood.
' F. The Developer shall provide the City of
Chanhassen with a 200 scale and 500 scale mylar copy of the plat.
G. The Developer shall provide the City of
Chanhassen with one mylar copy of the as-built drawings for the
utilities upon satisfactory completion.
H. The Developer shall be responsible for paying
all City fees relating to sanitary sewer and watermain hookups at
the time of application for building permits including the City ' s
' trunk charges and fees owed other agencies such as the
Metropolitan Waste Control Commission .
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I. No more than three ( 3 ) residential I
single-family units shall be permitted to connect to the utility
extensions.
J. The City of Chanhassen ' s utility fees for
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sanitary sewer and water useage shall be paid by the respective
property owners in accordance with the City of Chanhassen
Iordinances.
K. All permits required for the installation of
the utilities shall be obtained and provided to the City prior to
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the initiation of construction, i .e. Watershed District,
Metropolitan Waste Control Commission, Department of Health, etc .
L. Free and clear access shall be maintained to
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the utilities upon completion of the improvements.
M. An appropriate easement for the storm water '
pond shown on Plan B shall be dedicated to the City of Chanhassen.
9. General Conditions. The general conditions of this I
Contract, approved by the City Council on February 22 , 1988, are
attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN
' BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
DEVELOPER
' BY:
Kelly B. Bosworth
' BY:
Mary B. Bosworth
' STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
' The foregoing instrument was acknowledged before me this
day of , 19 , by Donald J. Chmiel , Mayor ,
and by Don Ashworth , 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 )
' COUNTY OF ) ss .)
The foregoing instrument was acknowledged before me this
day of , 19 , by Kelly B. and Mary B.
Bosworth , husband and wife.
Notary Public
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EXHIBIT A 1
That part of Lot 124 , Auditors Subdivision No. 120,
Hennepin County, according to the recorded plat thereof,
described as follows:
The south 165. 00 feet of the west 180 . 00 feet of said 1
Lot 124 , Auditors Subdivision No. 120 . And the south 540 . 00 feet
lying east of the west 180 . 00 feet of said Lot 124 , Auditors
Subdivision No. 120 .
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