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1g. Powers Place & Powers Place 2nd Addition C ITV OF CHAHHASSEN ~. ---:tJ · 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 FROM: Charles Fo1ch, Director of Public Works. --1&11/ Dave Hempel, Assistant City Engineer ll'7 TO: DATE: December 1, 1997 SUBJ: Request for Time Extension to Install Improvements Powers Place and Powers Place Second Addition - Project No. 95-4 The Developer, Greatland Homes, has requested the City to grant a two-year extension to complete the required improvements. The project was to be completed in two phases. The fIrst phase has been completed; however, due to the Powers Boulevard project the second phase (southerly half) has experienced impacts which have delayed the project. The Development Contract required the improvements to be completed by November 15, 1995. The Development Contract also allows for extension to the completion date subject to renewing the letter of credit. This request will also necessitate amending the Development Contract to incorporate the new completion date and any new conditions of approval. Over the years staff has modified the general conditions in the Development Contract. For example, construction hours, requirements of a development sign and truck haul routes. Staff has incorporated the new general conditions into this project as an attempt to make the projects uniform. It is therefore recommended that the City Council approve the developer's request for a two-year extension to the Development Contract to install the required improvements. Said improvements shall be installed by November 15, 1999 conditioned upon the Developer extending the letter of credit until December 31, 1999 and entering into Addendum A to the Development Contract for Powers Place and Powers Place Second Addition. Attachments: 1. 2. 3. Location Map. Letter from Mike Kampmeyer. Addendum A to Development Contract. _.'_ .......,:. t" r ""H:~i'-~, (~r,i~ or. '~...~ r'\,'~;, ",",,'r'" ;'t',r-r'; '~I~\.,*' la,.....r. ....) \"'"' ';. ~-i . ':.J"'\';.,... .....~ : ....Ii. -.: ~~..... c: Mike Kampmeyer, Greatland Homes Corporation rt _-:G~' ~:- ",.' . .--.-' .-- -_.-"""~ .,&-- g:\cng\projec.ts\powers'time extension memo.doc ~:~~)~l~~... .j i ~"'; .--- .---.- .. _....-- , ,.. ..... ~ i' .. '........ ,'.... ~ ' \:,' ...., .. 'l .," ;...i: ,." ., 0; /2--Z -crr::L. C' .~~'" .. . ~ ..", .,--,.. _.....~-' .... ,~. .. "., "'): ". /. : f\~:~:)fCj "::,,,:~ ~. J ~:..j \....'~...~H . ' t,l'gt,0 .-..-----..-.~--------- N f '~~- ~1~~;~1 o E5D ,~fEP tjl~ I ~ ~ State eeL llIlI! ~ c; "'"__,,,,,,,,",,_ [II ~iil-;" ) c ~. L ... Fill = ~R- , 1~ _II . " C - it /. _: ' 1wln Otl sf< western ~I\' J / ',' - jt.\: 0 ) r - ^I~ - : ___j', ~ '! .v~/ ~ (Jc ~ Pl' 'RDJlur C ,,' o~h 'L' ,-,e, '4JN' " , ~~ " .i iIl1~ tju, ,:/, ." .. ot '} . .0 ,,".-011"" ~Jl> ~, __ _ ~fi' ~1I.f'T r :;;; r? · '.' 'l...I!. ~ · ,("h ~ '- . IJ"':>V;~"""" ,- n"'{\""" " t::; . . \L~~"f~ J ~~.~ I' ~ ~ td', ~ / I_V '" c:.>..... . ," I' 'I;;:" ,/ .. , ~..IT~l!I:1J . , ... 1- 'D'\' ! 1))"(\>"" '? <\~ q-J ," , . ~.~ ~ . ~ T J'o."V" ~.>rJ; I mF.=1(' -"'L~C~ 00 )( I4Jfj! ~~~qH:~ ~.. x:: L Y 'fiTj 7ff!jj~ ' o. ' - I :::1, r l!ll ;:' ! I;;~~> . ~. I :...~ :,~.;~ ., :1"1'. ,'. ~..;. . "', . ~ . '. .~l;~ .' ,,~ Susan ;.. "c ! .' ~.~" : : , ~.r;[:,.~ _, U I ')..V/I I" . Jy!:?;/77 f;~jlT~~ r -L"~ rc - I oil ~ ~;(;- F--- 5 L ~'-.....L~nLr--L-.= . 1~~~JJm= I I - rrl~~Y" ~ ~~ - I ~~v.. ~ D- ) '0.~t I · .,~ ""{ \. .'^~ , 'i~~~~~ .~rT Y v',,", '" I' I r - - I I / /1 / 'f" (c.. November 7,1997 ~ HOMES CORPORATION Mr. Dave Hemphill City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 ( RE: Powers Place Development-Extension of Development Agreement Dear Mr. Hemphill Weare requesting an extension of Development Agreement for Powers Place Twinhomes for two years. The delay was due to the fact that we were required to grant easements along our property for the Powers Blvd Road Project which prevented us building units along the road and starting phase II. We are hoping to begin construction immediately in the spring with the idea of finishing before summer. If you have any questions, please feel free to contact me. V;J7J/? ~:~a; ~~r d.hemphill 11-07-97 CITY OF CHANHASSE~ m~~~n\Vlr~ral "n" '1. ' <(V';""' j\il.. \-j \j~i ENGINEERING DEPT, 2051 Ktllebrew Dnve. SUIte 105. Bloommgton. MN 55425. Phone: 858-1530. Fax' 858-1539. MN BL# 20007422 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO POWERS PLACE AND POWERS PLACE SECOND ADDITION DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENT dated December 8,1997, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and GREA TLAND HOMES CORPORATION, a Minnesota corporation (the "Developer"). 1. BACKGROUND. The parties have previously entered into assignment ofthe development contract for Powers Place and Powers Place Second Addition dated November 13, " 1995 (the "Development Contract") which was recorded on January 25, 1996 as Carver County Abstract Document No. 190350. The Development Contract was recorded on April 10, 1995 as Carver County Abstract Document No. 181600. The developer is now requesting an extension of time to complete the remaining improvements in Powers Place Second Addition. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect and include the modifications listed in the Special Conditions listed below. 1 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the 'Development Contract, the following amendments shall apply. a) The date by which the Developer shall install the required improvements is amended to November 15,1999. b) Construction Hours. Construction hours for required improvements under this contract shall be from 7:00 a.m to 6:00 p.m on weekdays, from 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 Development shall pay the following administrative penalties: First violation Second violation Third & subsequent violations $ $ 500.00 1,000.00 All site develorment and oonstIUction must rease for seven m calendar days c) 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 shall also apply to violation of the provisions in this paragraph. d) Development Signs. The Developer shall post a six foot by eight foot development sign at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the fmal lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. e) Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail (CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a haul route for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots and blocks Powers Place Second Addition. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. 2 CITY OF CHANHASSEN BY: Nancy K. Mancino, Mayor (SEAL) AND Don Ashworth, City Manager GREATLAND HOMES CORPORATION BY: Its President STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 1997, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and 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 STATEOFMINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 1~7,~ ~ Corporation, a Minnesota corporation, on behalf of said corporation. day of of Greatland Homes Notary Public Drafted by: City of Chanhassen 690 Coulter Boulevard Chanhassen, MN 55317 (612) 937-1900 g:\eng\dc\powers place 1&2 addendwn a.doc 3