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1f2. Woodcrest Subdivision, Dev Contract 1 _ 1 � - 2_ CITY OF CHANHASSEN • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by City Adminichatur MEMORANDUM Endorsed t/ 1 Ltodified._ TO: Don Ashworth, City Manager "`dified-`— - - -- FROM Gary Warren , City Engin- - Date Sabre;,, ;,; 1 bat! '~ y i DATE: July 7, 1988 1 SUBJ: Approval of Development Contract for Woodcrest Subdivision R & R Land Ventures File No. 88-9 1 Attached please find the Development Contract for Woodcrest 1 Subdivision which incorporates the City' s conditions of approval. I recommend that the City Council approve this development contract as presented and authorize its execution. 1 1 1 i i 1 1 1 1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements ) WOODCREST SUBDIVISION SPECIAL PROVISIONS AGREEMENT dated , 19 , by and between ' the CITY OF CHANHASSEN, a Minnesota municipal corporation , ("the City" ) , and R & R LAND VENTURES, (the "Developer" ) . 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Woodcrest Subdivision ( 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 , 19 , prepared by Plan B--Grading , Drainage, and Erosion Control Plan dated , , 19 , prepared by Plan C--Plans and Specifications for Improvements dated , 19 , prepared by r I SP-1 k II 2 if 4. Improvements. The Developer shall install and pay Ifor the following: A. Storm Water Drainage System I B. Street Signs C. Street Lights D. Site Grading I E. Underground Utilities ( e.g. gas , electric , telephone, CATV) F. Setting of Lot and Block Monuments J. Surveying and Staking UK. Erosion Control L. Construction Engineering/Observation I 5. Time of Performance. The Developer shall install all required improvements by November 30 , 19 . 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. I 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 I improvements , the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "Security" ) for $ . The amount of the security was calculated as 110% of the following: ISanitary sewer $ Watermain $ I On-site storm sewer $ Streets $ Street lights and signs $ I Erosion Control $ Engineering , surveying, and inspection $ Landscaping $ ITOTAL COST OF PUBLIC IMPROVEMENTS $ This breakdown is for historical reference; it is not a restric- tion on the use of the security. The security shall be subject I to the approval of the City. The security shall be for a term ending December 31 , 19 The City may draw down the security, without notice, for any violation of the terms of the Contract . -~ I 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 25% of the original amount until all improvements Iare complete and accepted by the City. SP-2 I ::> ,._tj: *JR.r?.3.Y',:a.". .. •.7->`-• Paz,.,rrfr is a`.^Yr.33+./g47>.l�el& 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: R & R Land Ventures Attn: Mr . Ron Krueger 8080 Wallace Road Eden Prairie, MN 55344 Telephone: ( 612) 934-4242 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 8. Other Special Conditions. (This section to include conditions of approval from the plat review and plan and speci- fication review process) . A. Grading , erosion control and tree removal plans shall be submitted in conjunction with building permit applica- tions for Lots 1 through 5 , Block 1. B. There shall be no clear-cutting of trees on the ' lots at any time. Grading and fill material shall be placed in such a manner to prevent unnecessary removal of "landmark" trees. The Developer shall be responsible for obtaining the services of the DNR forester to obtain his input and review of the tree remo- val plan. A snow fence shall be erected immediately south of the proposed grading area as shown on Plan B to prevent removal or destruction of trees outside the proposed grading area. C. Outlot A shall be dedicated to the City via a warranty deed no later than November 1 , 1988. ' D. Wood fiber blankets or equivalent shall be uti- lized to stabilize all disturbed slopes greater than 3 :1 . E. Soil borings shall be obtained for each lot and submitted with each building permit application. An additional 10-foot roadway and utility easement shall be dedicated on the plat along the south side of Woodhill Road. F. Woodhill Road will be posted for no parking and ' the Developer agrees to reimburse the City for the cost of the posting. SP-3 i. G. The City agrees to reimburse the Developer for the difference in cost between corrugated metal pipe versus rein- forced concrete pipe storm sewer pipe in recognition of the area- wide storm sewer benefit being provided by these improvements . 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. ' CITY OF CHANHASSEN BY: Thomas L. Hamilton , Mayor ' (SEAL) BY: Don Ashworth, City Manager DEVELOPER: R & R LAND VENTURES ' BY: Ronald Krueger Its BY: ' Roxann Lund Its STATE OF MINNESOTA ) ss. ' COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of , 19 , by Thomas L. Hamilton, ' 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 'v SP-4 1 STATE OF MINNESOTA ) ss. COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of , 19 , by • 1 Notary Public 1 1 1 SP-5 1. 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 . tCOUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by Notary Public 1 t SP-6 A