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3j. Certificate of Compliance for Chan Vista 1st-4th Additions CITYOF .t.i.4.... 1 , CHANHASSEN 1 1 • 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 I I 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 I 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 ' 1 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 I 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. II 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 II 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 II ( 2 ) State of Minnesota, its agencies, departments and commissions ( 3) Department of Natural Resources (4 ) Watershed District II ( 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 II 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 II 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 II shall be addressed as follows : -4- „ 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 -1- 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 1 1 11 i 1 1 DRAFTED BY: Grannis, Grannis , Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange 11 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 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 -1- ' II STATE OF MINNESOTA ) II( ss . COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this II 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 I I II II I II 1 I I 1 II DRAFTED BY: Grannis , Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 I -2- II 1 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 -1- 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 • 1 1 1 i 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 -1- 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 1 1 i i i i i i i DRAFTED BY: Grannis , Grannis , Farrell & Knutson , P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 -2-