CC Staff Report 9-26-05
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax 952.227.1110
Building Inspections
Phone 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Jill Sinclair, Environmental Resources Specialist
o~
DATE:
September 26, 2005
SUBJ:
Reassignment of Landscaping Requirements, Highlands at Bluff
Creek
PROPOSAL
The developer of the site, Plowshares Development, has requested that the
landscaping requirements for Highlands at Bluff Creek be re-assigned to Allen-
Lee Homes. Allen-Lee Homes would be responsible for installing sod throughout
the site, foundation plantings and interior trees. The bufferyard plantings that
were installed this spring by the developer will be under warranty for one-year. .
The city currently holds a letter of credit for landscaping requirements in the
amount of $41,660 for the site. To date, 47 trees have been installed in the
bufferyards, which carry a value of $11,750. The outstanding landscaping has a
value of $29,910. The city will hold 110% of that value plus the warranty value
of the current landscaping. Allen-Lee Homes has given the city a Letter of Credit
for $34,166.
Attached is an Assignment Agreement referencing the approved landscaping and
relevant general conditions from the Development Contract.
RECOMMENDA TION
Staff recommends that the City Council approve the following motion:
"The Chanhassen City Council approves the Assignment Agreement with Allen-
Lee Homes reassigning responsibility for the landscaping requirements of
Highlands at Bluff Creek." Approval requires a simple majority vote of those
City Council members present.
ATTACHMENT
1. Assignment Agreement
The Cily of 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.
Highlands at Bluff Creek
Location map
ASSIGNMENT AGREEMENT
AGREEMENT dated , 2005, by, between, and among the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"),
PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability company
("ASSIGNOR"), and ALLEN-LEE HOMES, INC., a Minnesota corporation
("ASSIGNEE").
1. DEVELOPMENT CONTRACTIPUD AGREEMENT. The City and
Assignor have entered into a Development Contract/PUD Agreement dated June 14,2004
for Highlands at Bluff Creek ("Development Contract") which is incorporated herein by
reference.
2. LANDSCAPING. The Development Contract requires the Assignor to
do certain landscaping. Landscaping requirements are set forth on Plan D incorporated
by reference in the Development Contract and in paragraphs 13 and 14 of the General
Conditions of the Development Contract ("Landscape Requirements").
3. ASSIGNMENT. The Assignor assigns the Landscape Requirements of
the Development Contract to Assignee and Assignee accepts the assignment. Assignee
agrees to fulfill the Landscape Requirements of the Development Contract. Subject only
to the limitation that Assignee's improvement obligations under the Development
Contract are limited to the Landscape Requirements, the entire Development Contact
shall apply to the performance of Assignor's obligations and the City's rights and
remedies. This includes responsibility for landscaping completed prior to the date of this
Assignment Agreement. The City approves the assignment.
4. SECURITY. To guarantee compliance with the terms of this Agreement,
Assignee shall furnish the City with a letter of credit in a form acceptable to the City,
from an institution acceptable to the City, or a cash escrow of $34,166.00. The City may
draw down the security, without notice, for any violation of the terms of this Agreement.
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 draw shall be used to cure the default. With City approval, the security may be
reduced from time to time.
5. NOTICE. Required notices to the Assignee shall be in writing, and shall
be either hand delivered to the Assignee, its employees or agents, or mailed to the
Assignee by registered mail at the following address:
Allen-Lee Homes, Inc.
Grant Komminga, Vice President
510 Chestnut Street, Suite 202
Chaska, Minnesota 55318
120514vOl
RNK: 09/0 l/2005
1
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, 7700 Market Boulevard, P.O. Box 147,
Chanhassen, Minnesota 55317.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager
PLOWSHARES DEVELOPMENT, LLC
BY:
Its
ALLEN-LEE HOMES, INC.
BY:
Its
120514vOl
RNK:09/0l/2005
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