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1k.3 Woodridge Heights, Approve Addendum "A" C ITV OF CHAHHASSEN 1:~..;:' .,.-.,. ....~ '; "".... '4 -- II ...~ U 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM FROM: Charles Folch, Director of Public Works III V David Hempel, Assistant City Engineer ~ TO: DATE: December 3, 1997 SUBJ: Approve Addendum" A" to the Development Contract for W oodridge Heights and Woodridge Heights 2nd Addition - Project No. 97-5 Attached is Addendum "A" to the development contract for W oodridge Heights and W oodridge Heights 2nd Addition. Staff has incorporated the conditions of approval from the applicant's request to modify the grading plan and landscaping time extension. Staff has also incorporated additional conditions which are now typically used in our development contracts to maintain uniformity between projects. It is therefore recommended that the City Council approval Addendum" A" to the development contract for Woodridge Heights and Woodridge Heights 2nd Addition. jrns Attachment: Addendum "A" to the development contract for Woodridge Heights. c: Ryan Gideon, Centex Homes \'cfsl\vol2\eng'<lc\woodridge heights addendum a.mem.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO WOODRIDGE HEIGHTS AND WOODRIDGE HEIGHTS 2ND ADDITION DEVELOPMENT CONTRACT SPECIAL PROVISION& AGREEMENTS dated November 24, 1997, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and CENTEX HOMES, a Nevada General Partnership (the "Developer"). I 1. BACKGROUND. The parties have previously entered into a development contract for Woodridge Heights and Woodridge Heights 2nd Addition dated March 10, 1997 (the "Development Contract"). The Development Contract was recorded on April 10, 1997 as Carver County Torrens Document No. T96214. The developer has revised the grading plan to utilize extra soil generated from development. In addition, the developer requests an extension of time to complete the required landscaping improvements. 1 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect with the modifications listed in the special conditions below. 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the development contract, the following amendments shall apply: a) Plan "B" Grading, Drainage and Erosion Control Plans dated February 14, 1997, revised March 10, 1997, shall also include the Grading and Erosion Control plans for W oodridge Heights and Woodridge Heights 2nd Addition dated July 15, 1997, revised October 21, 1997, prepared by Westwood Professional Services, Inc. b) The date by which the Developer shall install buffer yard landscaping areas (Galpin Boulevard and Lake Lucy Road and reforestation areas of Block 3, Woodridge Heights) shall be amended to June 15, 1998. c) 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 construction must cease for seven m calendar days d) Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of the improvements required under 2 this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. e) Development Signs. The Developer shall post a SlX 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 final 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. 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots and blocks and outlots in Woodridge Heights and Woodridge Heights 2nd Addition. 3 IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year fIrst above written. CITY OF CHANHASSEN BY: Nancy K. Mancino, Mayor (SEAL) AND Don Ashworth, City Manager DEVELOPER: CENTEX HOMES BY: Its ST ATE 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 ST ATE OF MINNESOTA) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 1997, by ,the of CENTEX HOMES, a Nevada General Partnership. day of Drafted by: City of Chanhassen 690 Coulter Boulevard Chanhassen, MN 55317 (612) 937-1900 g:\eng\Dc\woodridge addendum a.doc 4