3j. Certificate of Compliance for Chan Vista 1st-4th Additions CITYOF .t.i.4....
1 , CHANHASSEN
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• 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900 , .
MEMORANDUM _.._! Pr-
ITO: Don Ashworth, City Manager
FROM: Larry Brown, Staff Engineer GA
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DATE: January 4 , 1989
I SUBJ: Issue Certificates of Compliance for Chanhassen Vista
1st, 2nd, 3rd and 4th Additions
Enterprise Properties, Inc. , Developer
IFile Nos. 86-8a, 86-8b, 86-8c and 86-8d
Enterprise Properties, Inc. , Developer of Chanhassen Vista 1st
through 4th Additions, entered into a Development Contract with
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the City of Chanhassen on August 20 , 1986 for Chanhassen Vista
1st Addition, with subsequent addendums for Chanhassen Vista 2nd,
3rd and 4th Additions dated April 27 , 1987 , July 10 , 1987 and
I September 14 , 1987 , respectively, to develop/construct these
additions.
I Section 7 .02 of the original Development Contract states the
following (refer to Attachment No. 1 ) :
"This contract shall remain in effect until such time as
I Developer shall have fully performed all of its duties and
obligations under this contract. Upon the written request of
Developer and upon the adoption of a resolution by the
I Chanhassen City Council finding that the Developer has fully
complied with all of the terms of this contract and finding
that Developer has completed performance of all Developer' s
I duties mandated by this contract, the Chanhassen City Manager
shall issue to the Developer on behalf of the City an
appropriate Certificate of Compliance. "
I Staff has reviewed this subdivision and finds that the Developer
has fully complied with all of the terms of these contracts.
Therefore, it is the recommendation of this office that a
I Certificate of Compliance be issued for Chanhassen Vista 1st
Addition, Chanhassen Vista 2nd Addition, Chanhassen Vista 3rd
Addition and Chanhassen Vista 4th Addition.
IAttachments
1 . Excerpt from Development Contract (typical ) .
II2 . Certificates of Compliance ( 4 ) .
I
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pay in full any such special assessment within the time I
prescribed herein, the City shall have a specific lien on all
of Developer ' s real property within said plat for any amount
so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of II
mechanic' s liens under the laws of the State of Minnesota or
to certify such lien to the County Auditor pursuant to 514 . 67
of Minnesota Statutes . II
In the event of an emergency, as determined by the
City Engineer , the notice requirement to the Developer shall
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be and is hereby waived in its entirety, and the Developer
shall reimburse the City for any expense incurred by the City
in remedying the conditions creating the emergency.
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b. Legal Proceedings. In addition to the foregoing,City may institute any edngia
y proper action or proceeding at
law
or at equity to prevent, restrain or abate violations of the
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within development contract.
SECTION 7. MISCELLANEOUS TERMS AND CONDITIONS .
7.01 . Compliance with Laws , Ordinan I and Regulations;
Permits. In the development of the subdivision, the Developer
shall comply with all laws, ordinances and regulations of, and II
secure valid necessary permits from the following authorities :
( 1) City of Chanhassen
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( 2 ) State of Minnesota, its agencies, departments and
commissions
( 3) Department of Natural Resources
(4 ) Watershed District
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( 5) U.S. Army Corps of Engineers
7.02. Duration of Contract. This contract shall remain in Ieffec t until such time as Developer shall have fully performed all
of its duties and obligations under this contract. Upon the writ-
ten request of Developer and upon the adoption of a resolution by
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the Chanhassen City Council finding that the Developer has fully
complied with all of the terms of this contract and finding that
Developer has completed performance of all Developer ' s duties man-
dated by this contract, the Chanhassen City Manager shall issue to II
the Developer on behalf of the City an appropriate Certificate of
Compliance.
7.03 . Notices . All notices, certificates and other cam- II munications hereunder shall be sufficiently given and shall be
deemed given when hand delivered or mailed by certified mail ,
return receipt requested, postage prepaid, with property address II
as indicated below. The City and the Developer, by written
notice given by one to the other, may designate any address or
addresses to which notices, certificates or other communications
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to them shall be sent when required as contemplated by this
agreement. Unless otherwise provided by the respective parties,
all notices , certificates and communications to each of them
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shall be addressed as follows :
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CERTIFICATE OF COMPLIANCE
CERTIFICATE OF COMPLIANCE granted , 1989 ,
by the CITY OF CHANHASSEN, a Minnesota municipal corporation
( "City" ) .
WHEREAS, the City has been requested to grant a
' Certificate of Compliance concerning all of the lots in the
CHANHASSEN VISTA 1ST ADDITION subdivision as governed by the
' Development Contract dated August 20 , 1986 ; and
WHEREAS, the development work has been completed.
NOW, THEREFORE, be it resolved by the Chanhassen City
' Council:
' 1 . A Certificate of Compliance is hereby issued con-
cerning all of the lots in the CHANHASSEN VISTA 1ST ADDITION
subdivision.
' 2 . These lots are released from the financial obliga-
tions created by the Development Contract with the exception of
the payment of park charges if the charge has not previously been
' paid.
' IN TESTIMONY WHEREOF, the City of Chanhassen has caused these
presents to be executed by Donald J. Chmiel and Don Ashworth,
' Mayor and City Manager, respectively.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
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STATE OF MINNESOTA )
( ss . 1
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1989 , 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 authority granted by its City Council .
Notary Public
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DRAFTED BY:
Grannis, Grannis , Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange 11 South St. Paul, MN 55075
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CERTIFICATE OF COMPLIANCE
CERTIFICATE OF COMPLIANCE granted , 1989 ,
by the CITY OF CHANHASSEN, a Minnesota municipal corporation
( "City" ) .
' WHEREAS , the City has been requested to grant a
Certificate of Compliance concerning all of the lots in the
' CHANHASSEN VISTA 2ND ADDITION subdivision as governed by the
Development Contract dated April 27 , 1987 ; and
WHEREAS, the development work has been completed.
NOW, THEREFORE, be it resolved by the Chanhassen City
' Council:
' 1 . A Certificate of Compliance is hereby issued con-
cerning all of the lots in the CHANHASSEN VISTA 2ND ADDITION
subdivision.
' 2 . These lots are released from the financial obliga-
tions created by the Development Contract with the exception of
the payment of park charges if the charge has not previously been
paid.
IN TESTIMONY WHEREOF, the City of Chanhassen has caused these
' presents to be executed by Donald J. Chmiel and Don Ashworth,
Mayor and City Manager, respectively .
CITY OF CHANHASSEN
BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
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STATE OF MINNESOTA ) II( ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
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day of , 1989 , 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 I
pursuant to authority granted by its City Council .
Notary Public I
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DRAFTED BY:
Grannis , Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
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CERTIFICATE OF COMPLIANCE
' CERTIFICATE OF COMPLIANCE granted , 1989 ,
by the CITY OF CHANHASSEN, a Minnesota municipal corporation
( "City" ) .
' WHEREAS, the City has been requested to grant a
Certificate of Compliance concerning all of the lots in the
' CHANHASSEN VISTA 3RD ADDITION subdivision as governed by the
Development Contract dated July 10 , 1987; and
WHEREAS, the development work has been completed.
NOW, THEREFORE, be it resolved by the Chanhassen City
' Council:
1 . A Certificate of Compliance is hereby issued con-
cerning all of the lots in the CHANHASSEN VISTA 3RD ADDITION
subdivision.
' 2 . These lots are released from the financial obliga-
tions created by the Development Contract with the exception of
the payment of park charges if the charge has not previously been
paid.
IN TESTIMONY WHEREOF, the City of Chanhassen has caused these
presents to be executed by Donald J. Chmiel and Don Ashworth,
Mayor and City Manager, respectively.
CITY OF CHANHASSEN
' BY:
Donald J . Chmiel , Mayor
' (SEAL)
BY :
Don Ashworth, City Manager
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STATE OF MINNESOTA )
( ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1989, 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 authority granted by its City Council.
Notary Public
•
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1
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DRAFTED BY:
Grannis , Grannis , Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
-2-
CERTIFICATE OF COMPLIANCE
' CERTIFICATE OF COMPLIANCE granted , 1989 ,
by the CITY OF CHANHASSEN, a Minnesota municipal corporation
' ( "City" ) .
WHEREAS, the City has been requested to grant a
' Certificate of Compliance concerning all of the lots in the
CHANHASSEN VISTA 4TH ADDITION subdivision as governed by the
' Development Contract dated September 14 , 1987; and
WHEREAS, the development work has been completed.
NOW, THEREFORE, be it resolved by the Chanhassen City
' Council:
' 1 . A Certificate of Compliance is hereby issued con-
cerning all of the lots in the CHANHASSEN VISTA 4TH ADDITION
subdivision.
' 2 . These lots are released from the financial obliga-
tions created by the Development Contract with the exception of
the payment of park charges if the charge has not previously been
paid.
' IN TESTIMONY WHEREOF, the City of Chanhassen has caused these
presents to be executed by Donald J. Chmiel and Don Ashworth,
' Mayor and City Manager, respectively.
CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
' (SEAL)
BY:
Don Ashworth, City Manager
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STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
• day of , 1989, 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 authority granted by its City Council .
Notary Public
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DRAFTED BY:
Grannis , Grannis , Farrell
& Knutson , P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
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