3k. Certificate of Compliance for Lake Lucy Highlands I
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CITY OF i k
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\ 1 CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I --^ (612) 937-1900
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MEMORANDUM _ .,_ _
IITO: Don Ashworth, City Manager ,. r r
I FROM: Larry Brown, Staff Engineer
07/
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DATE:
January 4 , 1989 / .9TI1 -
1 SUBJ: Issue Certificate of Compliance for Lake Lucy Highlands
Merrill Steller and Roberta Seibold, Developers
File No. 85-19
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On March 19, 1986, Merrill Steller and Roberta Seibold entered
I into a Development Contract with the City of Chanhassen to
develop/construct Lake Lucy Highlands (refer to Attachment No. 1 ) .
Section 7 . 02 of the Development Contract states the following:
I "This contract shall remain in effect until such time as
Developer shall have fully performed all of its duties and
I obligations under this contract. Upon the written request of
Developer and upon the adoption of a resolution by the
Chanhassen City Council finding that the Developer has fully
1 complied with all of the terms of this contract and finding
that Developer has completed performance of all Developer ' s
duties mandated by this contract, the Chanhassen City Manager
shall issue to the Developer on behalf of the City an
appropriate Certificate of Compliance. "
Staff has reviewed this subdivision and finds that the Developer
il has fully complied with all of the terms of this contract.
Therefore, it is the recommendation of this office that a
Certificate of Compliance be issued for Lake Lucy Highlands.
Attachments
Il . Excerpt from Development Contract.
2 . Certificate of Compliance.
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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.
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.
b. Legal Proceedings. In addition to the fore oin II
the City may institute any 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 . I
7.01 . Compliance with Laws , Ordinances and Regulations ;
Permits . In the development of the subdivision, the Developer
shall comply with all laws, ordinances and regulations of , and
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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
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effect 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
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the Developer on behalf of the City an appropriate Certificate of
`Compliance.
7. 03 .. Notices . All notices, certificates and other com-
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 '
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
1 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 LAKE
LUCY HIGHLANDS subdivision as governed by the Development
Contract dated March 19 , 1986; and
WHEREAS, the development work has been completed.
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NOW, THEREFORE, be it resolved by the Chanhassen City
1 Council:
1 . A Certificate of Compliance is hereby issued con-
cerning all of the lots in the LAKE LUCY HIGHLANDS subidivsion.
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.
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CITY OF CHANHASSEN
1 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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