1c. Accept Watermain in Red Cedar 1c
� �� CITY OF I CHANHASSEN'
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MEMORANDUM
TO: Don Ashworth, City Manager /,,/
FROM: Larry Brown, Staff Engineer 'ce"'Ll-, -
Det= Subrn 2,i t= p7;i;310T1
DATE: November 22 , 1988 _.,.,
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SUBJ: Red Cedar Cove Street Improvements //-g,8-8k
File No. 85-16 (pvt)
Attached is a letter from the City' s consultant stating that the
streets have been installed in the Red Cedar Cove subdivision in
accordance with the plans and specifications which were approved
by the City (refer to Attachment No. 1) .
This project is unique in that the only portion of the sub-
division to be accepted for continual maintenance by the City as
a public improvement would be the watermain. The Development
Contract which was approved on September 9 , 1985 which dictates
that the sanitary sewer, storm sewer and roadway shall be main-
tained by the Homeowners Association and not the City (refer to
Attachment No. 2) .
Staff is recommending that the City Council acknowledge that the
street improvements have been completed in conformance with the
approved plans such that staff may reduce the Letter of Credit
appropriately for the completed improvements.
It is therefore recommended that the City certify that the street
improvements have been completed in accordance with the plans and
specifications and that staff release the Developer from the
Development Contract and reduce the Letter of Credit
appropriately.
Attachments
1 . Location map and letter from James R. Hill dated October 12 , 1988 .
2 . Development Contract excerpt dated September 25 , 1988.
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NL 82ND STREET
I -i r-
ames R.
October 12, 1988
Mr. Gary Warren
City Engineer
City of Chanhassen
690 Coulter Drive
P .O. Box 127
Chanhassen, MN 55317 n
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RE: RED CEDAR COVE
Dear Mr. Warren :
Please be advised that as of this date the remaining sewer -
and water services to units 17 and 18 together with the
bituminous wearing course have been completed and to our
understanding it has been approved by City representatives . .
Acceptance of the water main system was made on August 4,
1986, subject to satisfaction of the one year warranty
period. On behalf of Red Cedar Cover Partners, we therefore
request that Letter of Credit No . 6062 be released as we feel
substantial completion of the site improvements contained in
the approved plans and specifications has been completed.
Enclosed for your review are the revised Record Plans .
Sincerely,
JAMES R. HILL, IN .
. $)'.1-4—'s -Dia
Ross D . Abel, P . . CITY OF CHANHASSEN
MOM
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cc: Daryl Geske OCT 12 1988
Fred Plocher
ENGINEERING DEPT.
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9401 JAMES AVENUE SOUTH • BLOOMINGTON • MINNESOTA • 55431 • 612-884-3029
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(WITH OWNER INSTALLATION OF IMPROVEMENTS)
RED CEDAR COVE
THIS AGREEMENT, Made and entered into this �5—' day of
/�>, ��� , 19, 1-, by and between Red Cedar Cove Partners,
(hereinafter referred to as "the Developer" ) , and the CITY OF
CHANHASSEN, a Minnesota municipal corporation (hereinafter
referred to as "the City") ;
WITNESSETH, That the City, in exercising its powers pursuant
to M.S.A. §462 . 358 and other applicable state laws, and the
Developer in consideration of the mutual covenants herein con-
tained, recite and agree as follows:
SECTION 1. 0 RECITALS .
1.01. Development Plan and Preliminary Plat. The
Developer has heretofore made a request in the form of an
application to the City under the City Zoning and Subdivision
Ordinances for the approval of a subdivision for the property,
more particularly described on "Exhibit A" (hereinafter referred
to as "Subject Property" or "Subdivision" ) and as owned by
Red Cedar Cove Partners. Said plan and subdivision was approved
by the City Council on August 5, 1985 .
1. 02. Development Plans. All conditions reflect comments
to the following official documents received June 19, 1985 as
prepared by James R. Hill, Inc.
- Preliminary Plat
- Site Plan
- Utility Plan
- Grading and Erosion Control Plan
- Beachlot Plan
- Building Elevations
1.03 . Effect of Subdivision Approval. For two years
from the date of this Agreement, no amendments to the City ' s
Comprehensive Plan, except an amendment adding the subject prop-
erty to the city' s urban service area, or official controls shall
apply to or affect the use, development density, lot size, lot
layout, dedications or platting required or permitted by the
approved plat or preliminary plat unless required by state or
federal law or agreed to in writing by the City and the
Developer. Thereafter , not withstanding anything in this
Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any amendments to the
City' s Comprehensive Plan, official controls, platting or dedica-
tion requirements enacted after the date of this Agreement and
may require submission of a new preliminary or final plats.
Vdew'Zis,
• SECTION 2. CONDITIONS OF PLAT APPROVAL.
The City has approved or agreed to approve the plat on con-
ditions (1) That the developer enter into this Development
Contract , (2 ) that the developer provide an irrevocable letter of
credit, or cash escrow (as set forth in Sections 6. 01 , 6. 02 , and
6 .03 ) ( "Security" ) , guaranteeing the performance of the terms of
this Development Contract, and also guaranteeing the payment of
all construction costs of the improvement.
2 .01. Construction.
A. Developer agrees at its expense to construct,
install, and perform all work and furnish all materials and
equipment in connection with the installation of the following
, private and public improvements (hereinafter the "Improvements") ,
in accor.ance wi e • ans an. peci ica ions •escri.e. in
12 .02 below, as modified by the Special Conditions set forth in
Section 4 hereof:
1 . General site and street grading including stabilization
and erosion control
2 . Gravel base and bituminious surfacing
3. Concrete curbs and gutters
4. Sanitary sewer mains
5 . Watermains
6 . Storm and surface water drainage and retention ponds
Item #5 above represents the public portion of the improve-
ments while all other work items listed are private improvements
to be maintained by the owner.
B. The Developer also agrees to arrange for the
orderly installation of utility lines and street lights throughout
the plat. System layouts and timetables shall be submitted as a
part of the Plans and Specifications setforth in Section 2.02
below.
2.02. Final Plans and Specifications. The Developer shall
provide the City with final plans and specifications, including a
final grading plan, prepared by a registered professional engineer.
Said plans and specifications shall be submitted for approval
by the City Council and shall be subject to the final
review and written approval of the City Engineer. Substantial
changes in said plans and specifications shall be referred by the
City Engineer to the City Council for approval. Said plans and
specifications are hereby made a part of this agreement.
Developer shall not make or permit any changes, variations,
omissions or additions to City approved final plans and specifi-
cations without the written approval of the City Engineer prior
to any such change, variation, omission or addition.
2.03 . Standards of Construction.
A. Developer agrees that all of the improvements shall
be constructed and installed in accordance with the aforesaid
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