1h. Dev Contract for Lake Riley Woods 2nd addition CITYOF
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1 MEMORANDUM Modititd__���:
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TO: Don Ashworth, City Manager � t - ---- -
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1 FROM: Gary Warren, City Engineer - - .
DATE: August 9 , 1989
1 SUBJ: Approve Development Contract for Lake Riley Woods 2nd Addition
George Nelson Associates , Inc .
File No. 89-15 (pvt)
The attached development contract incorporates the City Council ' s
1 conditions of approval from the plat and plans and specifications
review process .
1 It is therefore recommended that the City Council approve the
attached development contract for Lake Riley woods 2nd Addition
and authorize its execution.
Attachment: Development Contract
1 c: George Nelson Associates, Inc.
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CITY OF CHANHASSEN I
DEVELOPMENT CONTRACT
(Developer Installed Improvements ) ,
LAKE RILEY WOODS 2nd ADDITION
SPECIAL PROVISIONS
AGREEMENT dated , 1989 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City" ) , and GEORGE NELSON ASSOCIATES, INC. , a Minnesota
corporation ( the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for LAKE RILEY WOODS 2ND ADDITION
(referred to in this Contract as the "plat" ) . The land is
legally described as follows:
Outlots C and D, Lake Riley Woods , Carver County,
Minnesota, according to the recorded plat thereof.
2 . Conditions of Plat Approval. The City hereby
approves the plat on condition that the Developer enter into this
Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans . The plans shall not be
attached to this Contract. With the exception of Plan A, the
plans may be prepared, subject to City approval , after entering
the Contract, but 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--Plat dated "Received July 10 , 1989 , prepared by
Pioneer Engineering. '
Plan B--Plans and Specifications for Improvements dated
June 21 , 1989 , prepared by Pioneer Engineering.
4. Improvements. The Developer shall install and pay
for the following:
A. Storm Water Drainage System
B. Streets
C. Street Signs
D. Street Lights
E. Site Grading
F. Underground Utilities (e.g. gas, electric,
telephone, CATV)
G. Setting of Lot and Block Monuments
H. Surveying and Staking
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II 5. Time of Performance. The Developer shall install
all required improvements by August 30 , 1990 . The Developer may,
however, request an extension of time from the City. If an
I extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and
the extended completion date.
II 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
II improvements , the Developer shall furnish the City with a letter
of credit from a bank, cash escrow, or equivalent ( "Security" )
for $29 , 865 .00 . The amount of the security was calculated as
I110% of the following:
On-site storm sewer $ 2 ,000 . 00
Streets $ 13 ,000 . 00
I Street lights and signs $ 650 . 00
Grading & Erosion Control $ 8 , 000 . 00
Engineering, surveying,
I and inspection $ 2 ,000 . 00
Landscaping $ 1, 500 .00
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 27 ,150.00
This breakdown is for historical reference; it is not a restric-
tion on the use of the security. The security shall be subject
Ito 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.
II 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
I 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
Iare complete and accepted by the City .
7 . Notices. Required notices to the Developer shall
I be in writing, and shall be either hand-delivered to the
Developer, its employees or agents, or mailed to the Developer by
registered mail at the following address:
I George Nelson Associates, Inc .
Attn: President
1660 South Highway 100
I Suite 428
Minneapolis , MN 55 416
Telephone: ( 612 ) 542-8474
IFacsimile: ( 612 ) 542-1711
Notces to the City shall be in writing and shall be either hand-
delivered to the City Manager, or mailed to the City by
I registered mail in care of the City Manager at the following
address:
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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. No direct access for Lot 3, Block 1 shall be
permitted to Trunk Highway 101. '
B. No direct access shall be permitted for Lots 1
and 2 , Block 1, Lot 1 , Block 2, or Lot 1, Block 3 to County Road
14 .
C. All approved septic treatment systems shall be
staked to preserve them prior to any site grading.
D. The bituminous mat shall consist of 2 inches of
2331 plant mixed bituminous base course and l inches of 2341
plant mixed bituminous wearing course. The inches of bitumi-
nous wearing course shall be placed the construction season
following the placement of the 2 inches of bituminous base
course.
E. A hay bale check dam shall be installed in the
ditch between the existing 18-inch RCP culvert underneath Foxford
Road and the proposed 12-inch RCP culvert underneath Pineview
Court.
F. Construction plans shall be retitled Lake Riley
Woods 2nd Addition.
G. All construction shall be in accordance with
the City ' s standard specifications and details for rural
construction dated May 9 , 1989 .
H. Construction plans shall be submitted to
Williams Pipeline Company for review and approval prior to
construction .
9. General Conditions. The general conditions of this
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
GEORGE NELSON ASSOCIATES,
G 0 INC.
BY:
Its
STATE OF MINNESOTA )
' COUNTY OF CARVER )) ss .
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 )
ICOUNTY OF ) ss .)
The foregoing instrument was acknowledged before me this
day of , 19 , by
Notary Public
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CONSENT
fee
owners of all or part of the subject property, the development of
which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the sub-
ject property owned by them.
Dated this day of , 19
STATE OF MINNESOTA )
ss .
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by '
Notary Public 1
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