1b PUD Agreement Villages/Ponds
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Teresa Burgess, Public Works Director/City Engineer
90CityCenttrÐrive,POBoxJ47 FROM:
ChanhllSSen, MinneJota 55317
Phone 612.937.1900 DATE:
General Fax 612.937.5739
Engineering Fax 612.937.9152 SUBJ:
Public Safety Fax 612.934.2524
Web www.ci.chanhassen.mn.us
David Hempel Assistant City Engineer ~
June 7, 2000
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Approve Amendment to Development Contract/PUD Agreement
for Villages on the Ponds 6th Addition - Project No. 99-19
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:
Upon recently closing on the property, the developer's financial institution
requested an amendment to Subparagraph K on Page GC-8 of the Development
Contract to accept a collateral assignment to the developer's lender. The city
attorney has reviewed the requested change and is comfortable with the
amendment. Upon approval, the city attorney's office will draft·the necessary
amendment document and have the document recorded.
It is therefore recommended that the City Council approve amending the
Development Contract/PUD Agreement for Villages on the Ponds 6th Addition by
replacing the language in Subparagraph K on Page GC-8 with the language on
Exhibit A.
Jms
Attachment: Exhibit A
c: Lynn Wyffels, The Shelard Group
g:\eng\projects\vi11ages 6th\amendment.doc
The City of Chanhassen. A flOwing community with clean lakeJ, quality schools, a charming downtown, thriving businesses, and beautifUl parks. A great place to live, work, and play.
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tí() Assignability. The Developer may not assign this Contract without the written
permission ~ City Council. The Developer's obligation hereunder shaH continue in full force
and effect even if the Developer seHs one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shaH be rrom 7:00 a.m. to 6:00 p.m. on weekdays, rrom 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shaH pay the foHowing administrative penalties:
First violation
Second violation
Third & subsequent violations
$
$
500.00
1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shaH also apply to violation of the provisions in this paragraph.
N. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water ITom the plat.
The Developer shaH foHow aH instructions it receives ITom the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been
accepted by the City.
O. Soil Treatment SYStems. If soil treatment systems are required, the Developer
shaH clearly identifY in the field and protect ITom alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
P. Variances. By approving the plat, the Developer represents that aH lots in the
plat are buildable without the need for variances ITom the City's ordinances.
Q. Compliance with Laws. Ordinances. and Regulations. In the development of the
plat the Developer shall comply with aH laws, ordinances, and regulations of the foHowing
authorities:
GC-8
.
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~el, Dave
From:
Sent:
To:
Subject:
Lynne Wyffels (WYFFELS@bankatcentury.com]
Friday, June 02, 2000 1:10 PM
Chaceng@ci.chanhassen.mn.us
Amendment to Development Agreement
Dave: The following underlined statement is what we would like to have
added to page GC-8 paragraph K of the Development Agreement.
Assignability: The developer may not assign this Contract without the
written permission of the City Council except for a collateral
assignment to Developer's lender.
Please let me know if this is a problem. Thanks.
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MaY.31.2000 4:14PM
FIRST CAPITAL LLC
CAMPBELL KNUTSON
No.1951 P. 2
Thomtt.~ J. C~1lJlphdl
Roger N. Knutlic1O.
ìhomas M. Scorr
Elli"tt B. Kn.t.ch
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
...
Joel). )alnnik
Andrea McDowell Poehler
Matthew K. Brokl'
John F. Kelly
Matthew J. Fuli
Mtlrguerite M. McC:;¡rron
OiniJ M. Brandt
tAIw ic:m.TI:d in W¡'~~'min
Di",CI Dilll: (651) 134.6115
E-mail Addrt....k....I.r01J@c1..IIlHloCøm
May 25. 2000
B...Y FAX TRANSMISSION
Mr. Charles Bans
Maun & Simon
2000 Midwest Plaza BUilding West
801 Nicollet Mall
Minneapolis. MN 55402-2534
RE: VILLAGtS ON THE PONDS 6TH ADDmoN - DEVELOPMENT CONTRACT
BETWEEN THE CITY OF CHANHASS£N AND LAKE SUSAN APARTMENT HOMES, LLC
Dear Mr. Bans;
This is to confirm Our telephone conversation this afternoon concerning
the revision you requested to the assignability provision (subparagraph k. page
GC-B) of the development contract to accept a collateral assignment to the
Developer's lender. Although. , cannot approve a revision to the development
contract. I do know that the City routinely approves collateral assignments to
lenders.
Regards.
RNK:srn
Roger N. Knutson
Chanhassen City Attorney
cc: Scott Botcher, City Manager
Dave Hempel. Asst. City Engineer
Suite 317 · Eagandale Office Center · 1.380 Corporate Center Curve. Eagan, MN 55121