1g. Dev Contract, Lake Suan Hills West Third Addition f
1
CiTY QF
C BANHASSEN
690 COULTER DRIVE • P O. BOX 147 • CHANHASSEN, MINNESOTA 55317
.� (611937-1900
MEMORANDUM :,e rc...'.
TO: Don Ashworth , City Manager natr Ls
' FROM: Gary Warren, City Engineer net sa i
DATE: August 24 , 1989
' SUBJ: Approve Development Contract for Lake Susan Hills West 3rd
Addition , Argus Development, Inc.
File No. 89-12 (pvt)
The attached development contract incorporates the City Council ' s
conditions of approval from the plat and plans and specifications
review process .
It is therefore recommended that the City Council approve the
attached development contract for Lake Susan Hills West 3rd
Addition and authorize its execution.
Attachment: Development Contract
c: Robert F. Kopp, Argus Development, Inc.
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CITY OF CHANHASSEN '
DEVELOPMENT CONTRACT
(Developer Installed Improvements ) '
LAKE SUSAN HILLS WEST 3RD ADDITION
SPECIAL PROVISIONS '
AGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN , a Minnesota municipal corporation (the
"City" ) , and ARGUS DEVELOPMENT, INC. , a Minnesota corporation
( the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for LAKE SUSAN HILLS WEST 3RD ADDITION
( 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 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 August 28 , 1989 , prepared by
Brandt Engineering & Surveying.
Plan B--Grading, Drainage, and Erosion Control Plan
dated July 17 , 1989 , prepared by Brandt
Engineering & Surveying.
Plan C--Plans and Specifications for Improvements dated
August 23 , 1989 , prepared by Brandt Engineering
& Surveying .
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SP-1 I
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I 4. Improvements. The Developer shall install and pay
for the following:
Sanitary Sewer System
IA.
B. Water System
C. Storm Water Drainage System
D. Streets
I E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
I H. Site Grading =
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
J. Setting of Lot and Block Monuments
IK. Surveying and Staking
5. Time of Performance. The Developer shall install
I all required improvements by June 30 , 1991. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
I security posted by the Developer to reflect cost increases and
the extended completion date.
6. Security. To guarantee compliance with the terms
1 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
I of credit from a bank , cash escrow, or equivalent ( "Security" )
for $ 608 , 387 . 00 . The amount of the security was calculated as
110% of the following:
I Sanitary sewer $ 90 , 383 . 00
Watermain $ 84 ,108. 00
On-site storm sewer $ 62 , 283 . 00
I Streets $ 159 , 225 .00
Street lights and signs $ 2 ,500 .00
Erosion Control $ 3 , 300 .00
I Engineering , surveying ,
and inspection $ 36 , 000 .00
Landscaping $ 5 , 600 . 00
Earthwork $ 109 , 680 . 00
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 553,079.00
I 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
I ending December 31 , 1991 . 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
I 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-
I 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.
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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
registered mail at the following address: '
Argus Development, Inc.
Attn: Robert F. Kopp, Asst. Secretary-Treasurer
18133 Cedar Avenue
Farmington , MN 55024
Telephone: (612 ) 431-2001
Facsimile: N/A
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. (This section to include '
conditions of approval from the plat review and plan and speci-
fication review process ) .
A. An 8-foot bituminous trail shall be constructed
through the parkland from Heron Drive.
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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ICITY OF CHANHASSEN "
' BY:
Donald J. Chmiel , Mayor
(SEAL)
' BY: -
Don Ashworth , City Manager
ARGUS DEVELOPMENT, INC.
BY:
Robert F. Kopp
Asst. Secretary-Treasurer
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 )
ss .
' COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by Robert F. Kopp, Asst .
Secretary-Treasurer of Argus Development, Inc . , a Minnesota
corporation, on behalf of the corporation .
Notary Public •
' SP-4