1e App Settlement Aggr/Paws, Claws, Hooves
ie.
-
MEMORANDUM
CITY OF
CHANHASSEN
DATE:
Mayor & City Council
Todd Gerhardt, City Manager ~.
June 17, 2005
TO:
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
FROM:
Administration
Phone 952.227.1100
Fax 952.2271110
SUBJ:
Proposed Settlement Agreement with Paws, Claws
And Hooves Development, LLC
Building Inspections
Phone 952.2271180
Fax 952.227.1190
Finance
Phone 952.2271140
Fax 952.2271110
Attached is the proposed settlement agreement with Paws, Claws & Hooves
Development, LLC. To resolve this matter, staff and the City Attorney's office
negotiated a settlement relating to the park dedication fees and surface water
management fees. Staff believes the settlement is fair for both parties and that
the city has reserved its right to fully collect the reduced fees at the time the
property is further developed and at the rate in effect at that time.
Engineering
Phone 952.227.1160
Fax 952.2271170
Park & Recreation
Phone 952.2271120
Fax 952.227.1110
RECOMMENDA TION
Staff recommends approval of the attached Stipulation of Settlement Agreement.
Recreation Center
2310 Coulter Boulevard
Phone 952.2271400
Fax 952.227.1404
ATTACHMENT
1. Stipulation of Settlement Agreement.
Planning &
Natural Resources
Phone 952.2271130
Fax 952.227.1110
Public Works
1591 Park Road
Phone 952.2271300
Fax 952.2271310
Senior Center
Phone 952.2271125
Fax 952.2271110
Web Site
www.ci.chanhassen.mn.us
G:\admin\tg\paw claws hooves settlement.doc
The City 01 Chanhassen' A growing community with clean lakes, quality schools, a Charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL
PCH Development, L.L.C., a
Minnesota limited liability
company,
Court File No. 10-CV-05-48
Plaintiff,
STIPULA TION OF SETTLEMENT
vs.
City of Chanhassen, a Minnesota
municipal corporation,
Defendant.
The parties stipulate and agree that the claims asserted herein relating to park dedication
fees and surface water management fees are resolved as follows:
1. The park dedication fee in the amount of $20, 160.00 is reduced to $2,800.00
which amount shall be paid as a condition of the release of the final plat.
2. The surface water management fee in the amount of $13,200.00 is reduced to
$9,900.00, which amount shall be paid as a condition of the release of the final plat.
3. The reduction in the park dedication and surface water management fees are
based upon the current use of the property. If all or any part of the property is changed to a
different principal use or further subdivided, the property shall be subject to payment of
additional park dedication and surface water management fees based upon the rates in effect at
that time applicable to the proposed use and type of municipal approval requested. A credit will
be given for the amounts paid pursuant to this settlement agreement.
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4. City will release the plat upon Plaintiffs payment ofthe amounts set forth above
and compliance with all other conditions of plat approval.
5. The parties authorize their attorneys to sign and file herein a Stipulation of
Dismissal With Prejudice and Order and without costs.
PCH DEVELOPMENT, L.L.c.
Dated:
By:
Its:
CITY OF CHANHASSEN
Dated:
By:
Todd Gerhardt
Its City Manager
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