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78-01 - Chaparral PUD Amendment pt 3�$Oi�nn UBURBAN nNGINEERIN ❑ �J INC. ® a Civil, Municipal & Environmental Engineering ❑ Land Surveying • Land Planning • Soil Testing August 21, 1980 City of Chanhassen c/o Mr. Don Ashworth, City Manager P.O. Box 147 Chanhassen, MN 55317 -is-) Main Office 571.6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890-6510 1101 Cliff Road Burnsville, Minnesota 55337 Re: Chaparral Streets Gentlemen: Reference is made to Schoell and Madson's letter dated July 18, 1980 and the subsequent meeting on July 23, 1980. Partially constructed streets in Chaparral 1st and 2nd Additions have broken up, in areas, under construction traffic during the spring of 1980. These streets were paved under adverse conditions to provide access to the occupied homes during the winter and spring of 1979-80. It was under full knowledge failure could occur resulting in substantial loss of the partial street section and testing of the remaining areas would be required prior to constructing the final wearing course, per our recommendations to New Horizon Homes, Inc. in November 1979.6f which you now have a copy. At the July meeting it was decided a representative from Schoell and Madson would observe test rolling procedures prior to the construc- tion of additional streets in the Chaparral Additions. At this time testing by Subterranean Engineering, Inc. and Suburban Engineering, Inc. has been com- pleted and extensive corrections have been made by the street contractor, Thomas Montgomery Construction. Construction will proceed in the First Addition according to the approved plans, with the exception that Chaparral Lane and Chaparral Court will have the final wearing course increased a quarter inch in thickness to 1 3/4 inch. Testing in the Second Addition indicated a deficiency in base thickness at the North end of Pima Lane. These deficient areas will be removed and corrected prior to placing the 1 1/2" bituminous wearing course. Test rolling of the re- maining streets indicate they are acceptable for bituminous construction with minor corrections, except for the West end of Pontiac Lane, from Pontiac Bay to the Third Addition. This will be corrected and construction will be delayed until this fall. If you should have any questions, or require additional information, please call. Sincerely, PJM/cae SU N ENGINEE IN , INC. cc: Mr. Greg Frank, New Horizons � 7 M Mr. Jim Orr, Schoell & Madson (Peter J ol naro, P.E. Mr. Russ Larson, Chanhassen Mr. Tom Montgomery, Thomas Montgomery Const. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng Gary R. Harms, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A. Paterson, Reg. Eng. Robert E. Lund, Reg. Eng. Thomas F. Donahue, Reg. Eng. 0 r 1 WILLIAM D. SCHOELL�"� CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B.GORDON THEODORE D. KEMNA JOHN W. EMONO KENNETH E. ADOLF WILLIAM R. ENDT\ BRUC BRUCE C. SUNDINGDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MADSON INC. ENGINEERS AND SURVEYORS ' 14,5 vo 21 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 53 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS July 18, 1980 City of ChanhassenJ UL1980 c/o Mr. Don Ashworth, City Manager �, RECEIVED P . 0. Box 147 �, VIL,L AGR- On Chanhassen, Minnesota 55317 -CHANHABO MINN Subject: Chaparral streets 8 0' Gentlemen: With reference to the above named project, we herein wish to inform you of our recent discovery of major failures of some of the streets constructed last fall by the developer. As you are aware, New Horizons (developer) has its own engineer (Suburban Engineering) and general contractor (Tom Montgomery). They are performing the construction and inspection activities with the intent to turn over the completed improvements to the City. We are not providing inspection on this work in accordance with the terms of the development contract and your instructions. Please find attached one set of marked up drawings indicating the areas of deteriorated streets. Also attached are pictures of the streets. The pictures are numbered on the back to correlate with the numbers shown on attached drawings, and also to correlate to the enclosed photo index. We have taken several spot checks of the as -built construction in the aforementioned deteriorated areas and have found wide dis- crepancies between the "plan street section" and what was actually installed. Enclosed is the original street section and the averaged findings of the spot checks. It appears that the streets on this project may have been under - designed for the subgrade conditions, and it also is apparent that the streets have not been constructed in accordance with the plan street section. To avoid future problems with these streets, we recommend that we have a meeting with all concerned parties relative �SCHOELL & MAOSON. INC. City of Chanhassen c/o Mr. Don Ashworth, City Manager Page Two July 18, 1980 to corrections to deteriorated streets, and to review procedures required to prevent problems with future planned streets. Until such a meeting takes place, we recommend that Chaparral not continue with any additional street construction on this project. Very truly yours, SCHOELL & MADSON, INC. JROrr : mkr enclosures -- cc: Mr. Greg Frank, New Horizons Mr. Russ Larson P.S. This project is perhaps one of the best examples of the need for City inspection during construction. We must remember that the developer's engineer is working for the developer, not the City. The City's long term interests are not the same as a developer's. p_sm CITY JF CHANHASSEN 7610 LAREDO DRIVE*P 0 BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 SIGNAGE REPORT TO: Sign Committee and Staff FROM: City Planner, Mark Koegler Iv�� DATE: July 8, 1980 APPLICANT: New Horizon Homes PLANNING FILE: P-580 New Horizon Homes is requesting permission to install a sign at the quad model area identical to the sign in place at the single family models. Additionally, they are requesting permission to light the existing sign on Highway 5. A portion of this request is somewhat after the fact in that New Horizon has had the quad sign in place for several months'. The sign along Highway 5 is a free standing structure which was recently re -lettered in order to enhance its visibility. Within Chanhassen, very few -other free standing signs exist along Highway 5, so any changes or additions to the present sign could be somewhat precedent setting. Additionally, other major builders have expressed interest in the area i.e. Orrin Thompson Homes and therefore, it is likely that the City will receive similar requests in the future. Staff Recommendation Staff recommends that the Sign Committee approve the issuance of a permit for the sign as requested in the quad model area. Regarding the free standing sign along Highway 5, staff recommends denial of the lighting request. This recommendation is made primarily because of the precedent that may be established and the belief that the vast majority of potential home buyers would be traveling to the New Horizon site during the daylight hours. 4t- Ph ra H W 77 m H � N la N- ~ V N W 0 _JjQW lL cc a to U. c� U 07 � �o Y U yy ri � U N r M Q S N W W N N Q N W � � V F_ m W W a: X O W 0 X y IL 0 z N � cYi (L 1�- N W CU UOURRAW �6,,g�+oiMo�w�wa - C�ft 1101 Cliff Road 8906510 - CHAPURAL TYPICAL STREET SECTION � r,�` Burnsville Minnesota 55337 CHRPARRPL FRST 19DD1TIpN STREET S�CIFICA77pNs �Q�AChoparrQl Gourt subuRbigN ENG. SpccS �o" Cc.Ass Jc 846F. Z 2331 BASF. BIT, l ye WEAR 81r, (100% CRMNED QvARRy P=It) � NOT YET RACED RITUAL FMLO MEASUREMENTS (AVERAGE) 1�.3 11a n of a I ye-2ry of CLASS - 5 233! 8ASEc ' �' NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559-5770 June 10, 1980 Mr. Mark Koegler City of Chanhassen 7610 Loredo Drive P. 0. Box 147 Chanhassen, MN 55317 Subject: Chaparral - Project Signs Chanhassen, Minnesota Dear Mark: Enclosed is a sign permit application and a filing fee check for $10.00 for the sign at the townhouse models. Additionally, as we discussed, we request consideration by the City for permitting us to install lights for the existing sign we have on Highway 5. Our intentions are to provide one mercury quartz light (250 foot - candles) to improve the visibility of the sign. If you should have any questions, please advise. GJF/pm enc . Vervi' u you , r o snk, P. E. Vice President of Land Development JUN1980 RECEIVED V -LAGE W (34MHASSEN, MINK. A SIGN PF{RMIT APPLICATION VILLAGE OF CHANHASSEN Name of Applicant NEW HORIZON HOMES, INC. Address P. 0. Box 1367, Minneapolis, MN 55440 Phone 559-5770 Name of Erector NEW HORIZON HOMES, INC. Address P. O. Box 1367, Minneapolis, MN 55440 Phone 559-5770 Name of Sign OWnvr __ NFW HORT7,ON unMF.S _ TNr' Address P. 0. Box 1367 Minneapolis MN 55440 Phone 559-5770 Location of Sign Legal Description Type of Sign: Ground _ X Roof Wall Temporary x Zoning Residential 6954 Pima Lane Lot 1, Block 1, Chaparral 2nd Addition Attached Plan: 'Yes No Marquee Canopy Area I.D. I.D. or, Nameplate Remarks or Conditions Fee $10.00 Approved Village Building Inspector Date _1 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDIN RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 554 CRAIG M. MERTZ June 17, 1980 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: Chaparral Dear Don: A question has arisen concerning whether property.owners in Chaparral would be assessed for the full cost of improving Kerber Blvd. or only for the cost of a standard street section. A policy decision must be made on this matter. On May 5, .1980 you received a letter from New Horizon Homes authorizing the City to draw upon existing letters of credit as a further guarantee of payment of the pending special assessments for Kerber Drive. On the basis of that letter,the City submitted a certificate to the Veteran's Administration stating that those letters of credit could be used to satisfy the pending assessments. On May 13, 1980 I provided Greg Frank with a document entitled "First Amendment .to Planned Residential Development Contract". As drafted, that document would formalize the arrangement whereby the various letters of credit could be used to pay pending assessments. On June 6, 1980 I received a call from Greg Frank advising me that his firm should be assessed only for the cost of a standard street section., and not for that portion of the,project cost attributable to oversizing Kerber Blvd. Accordingly, Mr. Frank requested that the proposed amendment to the development contract be re -worded to provide that the letters of credit could not be utilized to pay the various costs of oversizing. the road. If the City proposes to pay those oversizing costs out of the state aid monies, there is no problem. If, however, the City proposes to 100% assess the costs of the Chaparral portion of Kerber Drive, there is a dispute that must be resolved. Who is to bear the cost of oversizing the uncompleted northerly section of Kerber Drive? Very truly yours, 7-'xi 7;-�, -� CRAIG M. MERTZ CMM:ner Assistant Chanhassen City Attorney cc: Jim Orr, Bob Waibel .-,-% - 2- -� Manager's Comment Kerber Drive was authorized as a public improvement project prior to consideration of Chaparral (New Horizon's development). The road was approved as a state aid construction project with the costs of a typical street section being considered for assessment to abutting property owners. No letters of credit or other forms of financial guarantee were received from any owners to assure the City would receive the special assessment monies for the typical road section. When Chaparral was deeded to New Horizon and development proposals presented for phases II and III, this office recommended that the development contract include financial guarantees assuring the special assessments for Kerber Drive would-be paid. To my surprise New Horizon did not balk at such recommendation and such was included within the development contract. Since that date, various amendments have occurred and "original intents" become confusing in reading the various legal documents. This office goes back to the original position, i.e. New Horizon has agreed to be responsible for special assessments for the typical street section through their development. They will provide financial guarantees assuring payment of such. This should be treated no different than other property owners in regards to oversizing costs (such to be paid via the state aid construction account) . LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RU55ELL H. LAR50N MINNEAPOLIS, MINNESOTA 55402 CRAIG M,MERTZ May 13, 1980 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Greg Frank, P.E. Vice President New Horizon Homes 3131 Fernbrook Lane N Suite 104 Plymouth MN 55441 Re: Chaparral, Chanhassen, Minnesota Dear Mr. Frank: TELEPHONE (612) 335-9565 The City of Chanhassen has received your letter of May 5, 1980 authorizing the city to draw upon existing letters of credit as a guarantee of pending assessments; the authority set forth in that May 5, 1980 letter should be incorporated into the development contract by means of a formal amendment. Enclosed is our proposed amendment document entitled "First Amendment to Planned Residential Development Contract." Item (d) in section 6.02 is new; item (5) in section in 6.03 (B) is new; item (j) in section 2.01 has been re -worded. • Section 3.07 merits some discussion. The July 1, 1982 payment date was selected as this is also the final settlement date for Chaparral's project 75-2 and 75-3 assessments. (See section 3.021 (b) and section 3.03 (d) of development contract). The interest accrual date of October 1, 1980 was selected on the basis of city engineer's, Jim Orr, estimate that project 77-6 would be submitted to the city council for assessment this coming fall. If you find that the first amendment document to be in order, please submit the document to two officers of your corporation for their signature. Thereupon I will submit the item to the Chanhassen City Council as a consent agenda item. If you have any questions re- garding the text, please call me. If the City Council does approve the paving of the northerly section of Kerber Blvd.as:a public improvement project, the amount of your company's various letters of credit will be reviewed for purposes of verifying that the amounts are adequate to cover both your company's various obligations under the original development contract and the estimated pending assessments for Kerber Blvd. Very truly yours, CRAIG M. MERTZ CMM:ner cc: Bob Waibel �3141516 jx,j 0 Co R"ECE1iVED Lo ViLLXGr OR w %P CHANHA +SE1i H' f 2 a all RUSSELL H. LARSON CRAIG M. MERTZ LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Dear Don: May 6, 1980 r �1_ Re: New Horizon Homes, Inc. Jr TELEPHONE (612) 335-9565 On May 2, 1980 Greg Frank, New Horizon Homes, asked me to review a certificate which was to be forwarded to the United States of Housing and Urban Development and also to the Federal Veterans Administration. Mr. Frank asked me to approve the document as to form, thereupon to submit it to you for your consideration. That document contained an assurance that the City of Chanhassen was empowered to utilize New Horizon Homes' letter of credit for the purpose of guaranteeing the payment of pending assessments. The only pending assessment which I am aware of would be the pending assessments for the Kerber Blvd. aggregate base already constructed as Project 77-6 and possible future assessments for paving the northerly section of Kerber Blvd. if authorized as an additional improvement project. The development contract does not specifically authorize the City to draw upon the developer's letter of credit to pay the costs of improving Kerber Blvd. Mr. Frank advised me that if the certificate in question was not received by the two federal agencies by the close of business on May 5, 1980, his company would not be able to close various pending sales. I advised Mr. Frank that the assurance requested could not be given unless appropriate changes were made to the development contract. Mr. Frank advised me that his office would deliver to you on May 5, 1980 a written commitment authorizing the City to draw upon New Horizon's letter of credit to pay Kerber Blvd. improvement costs, in addition to any other purposes set forth in the development contract. >> c>� MAY 7 980 -' VILLAGE OR -,3; i Q1IANNASSMN� `� 1 r� MINN. Don Ashworth May 6, 1980 Page Two Such a letter dated May 5, 1980 and signed by two officers of New Horizon Homes has been received by your office. We recommend that the authority set forth in that May 5, 1980 letter be incorporated into an amendment to the development contract. Enclosed is our proposed amendment document. Item "d" in Section 6.02 is new. Item " (5) " in § 6.033s is new. The only change in §3.01 is the addition of language concerning Kerber Blvd. Section 3.07 merits some discussion. The July 1, 1982 payment date was selected as this is also the final settlement date for Chaparral's Project 75-2 and 75-3 assessments. (See §3.021-B and §3.03-B of development contract). The interest accrual date of October 1, 1980 was selected on the basis of Mr. Orr's estimate that Project 77-6 would be submitted to the Council for assessment this coming fall. Please review the draft. If you find it to be in order, please so advise. Thereupon I will submit the document to the Developer for its signature prior to submitting the matter to the City Council for its consideration. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner Enc FIRST AMENDMENT TO PLANNED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF CIAPARRAL AND CHAPARRAL 2nd, 3rd and 4th ADDITIONS WHEREAS, the parties hereto have made and entered into a development contract dated November 9, 1979 and entitled "Planned Residential Development Contract Plat of Chaparral and Chaparral 2nd, 3rd and 4th Additions" (The Development Contract),and WHEREAS, Section 6 of said development contract provides that New Horizon Homes, Inc. (New Horizon) shall furnish the City of Chanhassen (The City) with certain performance bonds and letters of credit to guarantee the payment of various special assess- ments more specifically described in said development contract, and WHEREAS, New Horizon has asked the City to certify to both the United States Department of Housing and Urban Development, (HUD), and the United States Veterans Administration (VA) that certain letters of credit filed with the City by New Horizon pursuant to The Development Contract guarantee the payment of all pending special assessments, and WHEREAS, the original agreement of the parties hereto contemplated that the Developer would improve and construct that portion of Kerber Blvd.lying within Phase I and Phase II, and WHEREAS, the Developer has asked the City to construct and improve said portion of Kerber Blvd. as a public improvement project, with the Developer reimbursing the City in full for the costs of said improvement project, and WHEREAS, the City has authorized the improvement of Kerber Blvd., also known as M.S.A.S. 101 and Chanhassen Improvement Project No. 77-6, consisting of the construction of the aggregate base street, and WHEREAS, the City is contemplating the authorization of an additional public improvement project which would consist of the further improvement of Kerber Blvd. by the installation of bituminous surfacing, curbs, gutters, and appurtenances within Phase I and II, and WHEREAS, certain special assessments are now pending in connection with said improvement projects, and WHEREAS, the terms of said development contract do not specifically authorize the City to draw upon above described letters of credit in order to reimburse the City for the costs of said improvement projects, and WHEREAS, the New Horizon, and its contract for deed vendor, Dunn & Curry Real Estate Management, Inc. now wish to utilize the above described letters of credit to guarantee the payment of any pending special assessments arising out of the above described improvement projects and thus obtain from the City the certification requested of it, NOW, THEREFORE, in consideration of the foregoing premises, the parties hereto agree as follows: Article I. Section 6.02 of the above described development contract is hereby amended to read as follows: 6.02 Performance Bond The Developer agrees to furnish to the City either a cash deposit or corporate surety bond approved by the City and naming the City as obligee thereunder, or a irrevocable lettersof credit approved by the City in amounts equal to 110a of the amount of the cost of installation of the improvements described in 11 2.01 as estimated by the City engineer, for the purpose of assuring and guaranteeing to the City: a) that the improvements to be constructed by the Developer as set forth in 11 2.01 hereof shall be installed and furnished according to the terms of this agreement; and b) that the Devleoper shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and c) that the Developer shall fully comply with all of the other terms and provisions of the agreement; and d) that the Developer shall reimburse the City in full for the cost of the improvement by the City of that portion of Kerber Blvd. also known as M.S.A.S. 101, which lies within the -geographic boundaries of Phase I and Phase II. Article II. Section 6.03 of the above described development contract is hereby amended to read as follows: 6.03 Remedies Upon Default A. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in 11 2.01 above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and admini- strative expense incurred by the City, to be recovered as a special assessment under M.S. Chian. 429, in which case the Developer agrees to pay the entire amount of -2- the assessment roll pertaining to any such improvements within thirty (30) d4ys after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time pre- scribed herein, the City shall have a specificlien on all of Developer's real property within the subject property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency. B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of the improvements described in §2.01 above; and (2) the cost of curing any other default by the Developer in its performance of any of the covenants and agreements contained herein; and (3) the full amount of any Phase I assessments or Phase II assessments for which payment shall not have been timely received by the City as provided in §3 of this contract; and (4) the cost of reasonable engineering, legal, and administrative expense incurred by the City in enforcing and administering this contract, and (5) all costs incurred by the City, including reasonable engineering and legal and administra- tive expense on account of the improvement of that portion of Kerber Blvd, also known as M.S.A.S. 101, which lies within the geographic boundaries of Phase I and II. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract or to prevent use or occupancy of the proposed dwellings. Article III. Section 2.01 of the above described development contract is hereby amended to read as follows: -3- hil 2.01 Construction By Developer Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipment in connection with the installation of the following im- provements in accordance with the preliminary plats described in 1[ 2.06 below: a. Street grading, stabilizing, and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. Water mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding or seeding; h. Driveway surfacing within the public street right of way; i. Underground utility lines, and j. Street lighting, provided however that the City may construct and improve Kerber Blvd. as a public improvement project in accordnace with Cahpter 429 of Minnesota Statutes. Article IV. The above described development contract is further amended by adding thereto a Section 3.07 reading as follows: 3.07 Kerber Blvd. Improvement Projects In the event that the City elects to complete the improvement of Kerber Blvd. within Phase I and II as one or more public improvement projects, the Developer agrees to remiburse in full for the costs of such improvements no later than July 1, 1982. In the event that the Developer shall fail to pay, when due, the full amount of such costs, the City, at its option, may ceritfy the amount of such default, together with interest thereon accruing from October 1, 1980, to the Carver County Auditor for collection with the real estate taxes due and payable in the year 1983 as to any lot or lots then owned by the Developer its successors or assigns. Interest shall accrue at the rate of eight per cent per annum or the average annual interest rate on the bonds issued to finance such improvement, if higher. Any such certification shall not have the effect of limiting the City's other remedies under §6 of this contract. The Developer waives its right to public hearing under §429.061 and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Project 77-6 improvement costs and as to the costs of completing Kerber Blvd. with the installation of bituminous surfacing, curbs, gutters, and appurtenances. Article V. This amendment to the above described development contract shall become effective immediately upon execution of this document by all of the parties to the above described development contract. -4- Article VI. Except as specifically provided herein, all other terms, conditions, and provisions contained in the above described development contract shall remain in full force and effect. IN WITHESS WHEREOF, the parties hereto have caused these presents to be executed on this day of , 19 NEW HORIZON HOMES, INC. By its- --- -- -- ---- --- - - And if-- -- -- ---- - --- DUNN & CURRY REAL ESTATE MAAIAGEMENT, INC. By ----- And its — - - --- ----- --- CITY OF CHA14HASSEN By its MAYOR --- ----- - And its City Manager M71: A, STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 19 , before me, a notary public within and for said county, personally appeared to me personally known, who, being duly sworn, did say that e is the of NEW HORIZON HOMES, INC., and that the seal affixed to said instru- ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires: STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 19 , before me, a notary publicwithin and for said county, personally appeared , to me personally known, who, being my sworn, did say that he is the of DUNN & CURRY REAL ESTATE MANAGEMENT, INC., and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and .ioe_I of said corporation. STATE OF MINNESOTA) Notary Public ) ss. COUNTY OF CARVER ) On this day of , 19 , before me, a notary publicwithin and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known,who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instru- ment to be the free act and deed of said corporation. Notary Public NEW HORIZON HOMES, INC. y7 BUILDING TOMORROWS DREAMS TODAY LoC 4 rcin, 3131 FERNBROOK LANE NORTH SUITE 104 PLYMOUTH, MINNESOTA 55441 i 612-559-5770 ' M O . May 5, 1980 �' �1�t�MvN7 f�t+• Mr. Donald Ashworth, City Manager City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Subject: Chaparral Chanhassen, Minnesota Gentlemen: This letter grants you authority to utilize the letters of credit furnished by New Horizon Homes, Inc. to the City of Chanhassen in connection with the platting of Chaparral 1, 2, 3, and 4 as a guarantee of payment for the pending special assessments associated with the improvement of M.S.A.S. 101 (a.k.a. Kerber Drive) lying within and/or abutting the boundaries of Chaparral 1, 2, 3, and 4. This letter shall become a part of our development agreement with the City of Chanhassen for Chaparral 1, 2, 3, and 4 subject to the acceptance by the City of Chanhassen. This letter is made with the full knowledge, approval, and authority of the Board of Directors and Officers of New Horizon Homes, Inc. Very truly yours, NEW HORIZON HOMES, INC. - Greg Frank, P.E. Vice President of Land Development I, Robert emboom Executive Vice President GF/ce '\ � 2 3 4S6�d3 h�114Y 19, ,` �� �s V�� Al � �i\ cl''� Q 6�� 1 � l u VETERANS ADMINISTRATION Data. CENTER 1. Reply' " FEDERAL BUILDING. FORT SNELLING Refer to: �✓ -� f ST. PAU L, M I N NESOTA 55111 -e-J.P ��'rllTZfia�ftJ,- a. The enclosed documents have been reviewed and are returned to you for completion, correction, or change as indicated in colored pencil or itemized below. Please correct and return promptly. b. Please submit the additional data or additional information requested below. „ ➢C /1 ,�? /�f'�Es�i�.S �7�c P�J 1/A'T� ,4'%J�l �'�>� � ,L-Jai�i1�� �i.�P!/L) G J��'F ecrr;,�L��o�Ll ,g ,���SULT 46 77�� �i=y3lT�' i�/✓,PcJ1r i'�?FiIJTs. ),- —Z7 /3l>.Ofl�it�s z zt7 � ��6 ?3l ��'Tl�'6i5 fl� e'er PCs TiG'�t� /,rl �. P, r'Cr i I/t£'.G' �iJ �,c'�r•✓ % :�'�G'G'G's�t' r,t7: �iuce+e. Yours,, ,pf/z�._- R. E. Kesteven Sr. Loan Specialist Loan GLIa.ra rarity Div. 612.725-4-025 FL 26-207 JUN 1974(RS) "To care for him who shall have borne the battle, and for his widow, and his orphan. "—ABRAHAM LINCOLN CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 May 5, 1980 Department of Housing and Urban Development Griggs Midway Building St. Paul, Minnesota Veterans Administration Fort Snelling St. Paul, Minnesota Re: Chaparral 2nd Addition Gentlemen: This is to certify that: 1). A letter of credit in the amount of $478,345.00 has been furnished and is acceptable to the City of Chanhassen for the purpose of assuring that New Horizon Homes, Inc. will install the following improvements: a). Street construction and surfacing to serve said plat constructed according to the City of Chan- hassen specifications and plans approved by the City Engineer. b). Watermain, sanitary sewer and storm sewer to serve -said plat constructed according to the City of >Chanhassen,specifications and plans as ..approved by.the City Engineer. c). Erosion control as designated in -the erosion control plan approved by the City Engineer. d). Grading'of all lots to accomplish adequate drainage according -to the grading plan approved by the City Engineer. e). Boulevard trees, boulevard sod, and hardsurface driveway approaches for all lots. 2). New Horizon Homes, Inc. in accordance with City policy, will be required to furnish and install street signs at the Developer's expense. Page 2 3). In the event that the Developer, New Horizon Homes, Inc., fails to complete the improvements described in No. 1 above by November 1, 1980, the municipality will be responsible for the completion of said improve- ments within .a reasonable time thereafter. The municipality will reimburse itself for the costs of such completion by drawing upon the above described letter of credit. Upon exhaustion of the funds avail- able on account of said letter of credit, the City, under the term of its development contract, has the option of treating the costs of such completion as a special assessment levied against the unsold lots then owned by the Developer. 4). Upon acceptance by the City Council and upon completion of the improvements described in item la and lb above in accordance with the plans and specifications therefore, the City of Chanhassen will be responsible for the maintenance of the improvements described in la and lb, above. 5). The above described letter of credit also assures the City of Chanhassen that New Horizon Homes, Inc. will pay the current assessments and the pending future street (Kerber Blvd., MSAS 101 Project) assessments to the lands of Chaparral 2nd Addition. Sincerely, CITY OF CHANHASSEN By City Manager DA:k r CITY OF LLFnnie a •�e a 9401 FERNBROOK LANE / MAPLE GROVE, MINNESOTA 55369 / PHONE 425-4521 MAYOR .... .......Rickard W. Reimer COUNCILMEMBER ........ James Deane COUNCILMEMSER . .... RobertPuncockar COUNCILMEMBER . . . ... Donna Ryon COUNCILMEMBER . . . .....Donald Weidr CITY ADMINISTRATOR. RcbMtA. Erickson October 15, 1979 Department of Housing & Urban Development Griggs Midway Building _ St. Paul, Mn. Veterans'Administration Fort Snelling St. Paul, Mn. Re: Fish Lake Woods Plat Ten e- Gentlemen: This is to certify that: 1. Letter of Credit in the amount of $272,975.00 has been furnished and is acceptable to the City of Maple Grove for the purpose of assuring that New Horizon Homes, Inc. will install the following improvements: a) Street construction and surfacing to serve said plat construct- ed according to the City of Maple Grove specifications and plans approved by the City Engi.zieer. C, b) Water.main, sanitary sewer and storm sewer to serve said plat constructed -according to the City of Maple Grove specifications and plans approved by the City Engineer. !%. c) Four (4) concrete or approved cast-iron block monuments shall be placed at locations.as designated by the City Bagirleer in. addition to the individual'lo;L stakes_. d) Erosion control as designated in the erosion contrrol.plan approved by the City Engineer. e) Landscaping-amd-grading of all lots to accomplish adequate d drainage according to the grading plan approved by'the City Engineer. 9 �y f) Boulevard trees, boulevard sod, bltU u ors cor_rcrete-&r±v-e- �a,nd- driveway approaches for all lots_ if Ls HZ ng & Urban Administration Development October 15, 1979 Page 2. signs -b� tofurni s ed- and l installed. .43r the. City -of 3. The above mentioned improvements as set forth in number 1 above, will be installed without cost to the purchaser of the abutting properties '..,or assessments against such properties; In the event the developer, ' -New Horizon Homes, Inc., fails to complete such improvements by LV January, -15 ,_19.81, _this mumicipality_ _will.._,be responsible for such u co pl etiori--of- the i.�:eme provnts within a reasonable time thereafter and such -completion will not involve any_cost.to purchaser_,or assess ment against the properties affected by the -improvements. 4. The City of Maple Grove will be responsible for the continuous maintenance of..,the- above improvements identified as la and lb. 5. Letter of Credit in the amount of $95,900.00 has been furnishad'and is acceptable to the City of -Maple Grove for the,_ purpose of assuring that -New Horizon Homes,_.Inc. will pay all the 6urrent, pending and future street-(78-13) assessments to within the lands of Fish Lake Ol ds Plat Ten. Ucl THE CITY OF MAPLE GROVY • j3- Its Mayor This is to advise that the City of Maple Grove is legally empowered to assume the obligation above mentioned (Minnesota Statutes, Sec- tion 465.03). 67 .� E T. Anderson, Jar.Arle orney for the City of laple Grove _ffo CITY DF Y � f 7610 LAREDO DRIVEoP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 April 23, 1980 Mr. Gregory J. Frank Vice President Land Development New Horizon Homes 3131 Fernbrook Lane North Box 1367 Minneapolis, MN 55440 Dear Mr. Frank: Certain points need clarification in regards to your letter of April 21, 1980: 1). All work within Chaparral under development contract should reasonably be assumed to continue under the basis of such contract, i.e. staking and inspection to be carried out by New Horizon Homes. Making an inspection for any properties not currently covered by development contracts would require City Council consideration as to who .should perform such engineering work. 2). The City of Chanhassen expects the City's engineers, Schoell and Madson, to verify that all work completed. within the City meets the plans and specifications for the particular project as well as all applicable City/ State codes. Such assurances can be given to the City through "spot inspections". I potentially see questions arising as to what is the scope of a spot inspection and, as such, will not belabor this point. Instead, I will simply restate the original goal, i.e. the City excepts a certification from Schoell and Madson that all work completed is in accordance with plans and specifications for a project and applicable City/State codes. In respect to this policy, neither this office nor the city will accept the explanation that "the failure occurred as a result of insufficient monies being budgeted for inspection services" (regardless of the term applied to such inspection). Mr. Gregory Frank -2- April 23, 1980 Should you have any questions, please feel free to contact me. Sincer , Don Ashworth City Manager DA:k - - a-(, -)� " -S G7 (-�) cc: Jim Orr, Schoell and Madson Jack Gill, Schoell and Madson Bill Jansen Attachment: Gregory Frank's letter dated April 21, 1980. 0 a}� NEW HORIZON HOMES, INC. CJ BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559.5770 April 21, 1980 Donald Ashworth City Manager City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chaparral Dear Don: I am writing as a follow-up to our telephone conversation of today regarding Jim Orr's letter of April 17, 1980 (inspection for Chaparral). As we discussed, we have had our consultants provide full-time inspection at Chaparral, and Schoell and Madsen, Inc. has been providing spot inspection. Our existing escrow account with the City covers.only a limited amount of inspection by Schoell and Madsen, because our agreement is that our consultant is responsible for the full-time inspection. We understand that inspection on future construction in Chaparral will be provided in accordance with our present agreements. If you should have any questions, please advise. V ul , yours, gy J. Frank, P.E. Vice President Land Development GJF/lmf cc: Jim Orr Jack Gill Bill Jansen APR ] 980 ECEIVE D LL.A�E OF ANHAsswN_ , ' MINN. �,�+ NAF� 4, Q i 9SyEn ass li'�111V1'JEHA A CREEK LAKI 1_� P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran, Pres. • H. Dale Palmatier o Albert L. Lehman • James S. Russell • Jean Williams f n April 22, 1980 Mr. Bcack Ward Financial Management Services 10901 Rudd Circle Drive Minnetonka, MN 55433 Re: Permit Application No. 79-16 Location: Southwest shore of Christmas Lake, Chanhassen Purpose: Extention and Modification of the Permit for "Christmas Acres". Dear Mr. Ward: At its meeting on April 17, 1980, the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit application. It found the project as planned to be in accordance with the Rules and Regulations and guidelines of the district and, therefore, granted the permit as submitted. All work shall conform to the requirements of the City of Chanhassen and to the Minnehaha Creek Watershed District Grading and Drainage Guidelines, a copy of which is enclosed. The drainage from the street to the detention pond shall be con- veyed by storm sewer as shown on the "Street Construction - Storm sewer Plan" dated March 10, 1980. This constitutes a change from the open-swale drainage approved in 1979. �APR 19� RECEIVED �� CHAtyHASS�N> �i_ MINN. c Any dredging in Christmas Lake would require a permit from the District. Approval is granted under Minnehaha Creek Watershed District Rules C, G, H, and K. Permits are valid for one year. Please contact us at 473-4224 when the project is about to com- mence so an inspector may veiw the work in progress. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Enginee s for the District A. E. A. Hickok, P.E. President EAH:lf Enclosure cc: D. Cochran G. Macomber J. Schlenk, City of Chanhassen .T NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559-5770 April 21, 1980 Donald Ashworth City Manager City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chaparral Dear Don: I am writing as a follow-up to our telephone conversation of today regarding Jim Orr's letter of April 17, 1980 (inspection for Chaparral). As we discussed, we have had our consultants provide full-time inspection at Chaparral, and Schoell and Madsen, Inc. has been providing spot inspection. Our existing escrow account with the City covers only a limited amount of inspection by Schoell and Madsen, because our agreement is that our consultant is responsible for the full-time inspection. We understand that inspection on future construction in Chaparral will be provided in accordance with our present agreements. If you should have any questions, please advise. V ul yours, E g y J. Frank, P.E. Vice President Land Development GJF/lmf cc: Jim Orr Jack Gill Bill Jansen APR 1980 c RECEIVED VILLAGE OF CHANHASSEN, MINN. n� 1 r- April 8, 1980 Mr. Thomas T. Feeney, Area Manager Department of Housing and Urban.Development 6400 France Avenue So. Edina, Minnesota 55435 ,r , II RE: Subdivision N. 4011 (Single -Family) Chaparral - 4th Addition: Chanhassen, Minnesota Metropolitan Council Referral File No. 8045-1 Dear Mr. Feeney: The Metropolitan Council considered the above project at a recent meeting and you were advised of the Council's action. Since then we have received a letter from Carver Soil and Water Conservation District commenting on this matter. A copy of this correspon- dence, except for the handbook, is attached for your information. Sincerely, Martha A. Allen Assistant Referral Coordinator MAA:sje Attachment cc: Dennis Hoese, Carver Soil and Water Conservation District John C. Madison, V.P., New Horizon Homes, Inc. Bob Waibel, Asst. City Manager, City of Chanhassen APR 1980 RLCLIVLD .-- wurac�.� a CHANHASg�, --g_ / Pcti RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Don Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: Dear Don: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 May 27, 1981 Chaparral 2nd and 3rd Additions TELEPHONE (612) 335-9565 You have asked us to confirm in writing our recent conversation concerning the building inspector's authority to issue building permits for a new style of quadrominium recently introduced by New Horizon Homes, Inc. The new model is known as "Model 40". "Model 40" is built on grade, without a basement, is only one story in height and has only a one car garage. I am of the opinion that the introduction of "Model 40" into the Chaparral 2nd and 3rd Additions constitutes only a "minor change" in the development plan. As such, Model 40 may be approved by the Zoning office administratively. City Council approval is not required. I base my opinion on the following considerations: a) All Model 40's will be placed on the same building pads which were previously identified and approved by the Council, b) The type of construction is consistent with the existing construction within the subdivision, c) The City in its development contract did not reserve a power of architectural review, and d) Section 14.06 of the Zoning ordinance authorizes City staff to administratively approve minor changes in a development plan. As a caveat, I wish to comment that if the developer were to make a dramatic change in building styles (such as a change to air supported plastic domes), this could constitute a substantial change which would require prior City Council approval. RECEIVE© MAY 2 91981 CITY OF CHANHASSEN Don Ashworth May 27, 1981 Page Two Section 5.17 of the developer's contract with the City provides that outside storage of recreational equipment is prohibited in the quadro- minium and duplex areas of Chaparral. It may be more difficult to obtain compliance with this restriction if the developer changes to single stall garages. The developer should be asked to bring this restriction to the specific attention of their buyers at the time of closing. This restriction on outside storage is repeated in Section 10.6 of the restrictive covenants for the Cimarron Home Owners Association and in Section 10.6 of the restrictive covenants for the Chaparral Home Owners Association. Thus any buyer who obtains a title examination should be aware of the restriction on outside storage. Very truly G yours. CRAIG MERTZ Assistant Chanhassen City Attorney CMM:ner p ssa CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 14, 1981 Mr. Dennis W. Johnson, Supervisor Direct Loan and Mobile Home Unit Loan Guarantee Division Veterans Adm. Federal Building Fort Snelling St. Paul, Minnesota 55111 Dear Mr. Johnson: This letter is to verify that the off sight improvements for Chapparrel 1st, 2nd, and 3rd Addition have been completed to the extent indicated in the attached letter from the City Engineer dated February 5, 1981. If you have any questions or comments on the attached, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner WIL"AM D. SCHOELL CARLISLE MADSON L ttii ' JACK T. VOSLER� JAMES R. ORR HAROLD E. OAHLIN LARRY L. HANSON JACK E. GILL THEODORE O. KEMNA JOHN 11. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN SCHOELL & MAOSON. iNc. ENGINEERS AND SURVEYORS 36-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 February 5, 1981 City of Chanhassen c/o Mr. Don Ashworth, City Manager - P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Chaparral 1, 2 and 3 Improvements. Gentlemen: With reference to the improvements for the above -named development, we herein wish to recommend acceptance of improve- ments for Chaparral 1 and 2, with the exception of the following: 1) A number of manhole castings need adjustment. 2) One location needs pavement repair. In terms of Chaparral 3, this is not yet complete. Please note that our recommendations are based on limited observation of the construction, as the developer's engineer did detailed staking and inspection for this project. Very truly yours, SCHOELL & MADSON, INC. JROrr:bk ' � 0 10,9 rtiat�81 �', ED c� V1Ll.r'�Ca� Q(S V7 rnt*zr►. .: i 0 Ra7cp'rt p MAY 11 1881 CITY OF CH41VHASSEN Don Ashworth City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Subject: Chaparral Chanhassen, MN Dear Don: NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-359-3770 May 8, 1981 As requested in conjunction with our building permit application for the Model 40, we will be blacktopping a 16-foot wide driveway for each unit (attached) to accomodate off -site parking needs. If you should have any questions, please advise. Ver my ours, r 4Greggy J. Frank, Vice President of Land Development GJF/cr Attachment Q 70 Lt UOURRAN NOINEERINO aCivil, Municipal & Environmental Engineering ® -- Land Surveying • Land Planning • Soil Testing April 10, 1981 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Chaparral on Lake Ann Dear Bob: Main Office 571.6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890-6510 1101 Cliff Road Burnsville, Minnesota 55337 This letter is being written to address specifically the Planning Commission condition requiring that one half of the dwellings be single family detached homes. It is the position of New Horizon Homes that this requirement is not reasonable for them or the City. We assume from the discussion at the meeting that the intent is to force development of 480 2 = 240 single family detached lots. The proposed plot includes 140 units covering a net area of 56.7 Acres. Assuming that the density of these units is appropriate and expanding to 240 units (56.7 ; 140 x 240 = 97.2) the net area required is 97.2 Acres. The following areas are then fixed. Single family 97.2 Park 34.4 Street and Highway 33.6 O.L. "A" 27.8 O.L. °B" 12.5 Total 205.5 Gross Area 219.9-205.5 = 14.4 Acres. The balance of the approved units or 240 would then be compressed into 14.4 Acres or a density of 240—. 14.4 = 16.6 units per acre. This is no longer medium density as is being proposed but is high density requiring apartment type dwellings. This is contrary to all presen- tations and negotiations made to date. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. Main Office 571.6066 USURRAN 6875 Highway No. 65 N. E. a� NQINEERINQ Minneapolis, Minnesota 55432 INC.= South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road MRLand Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Page 2 Re: Chaparral on Lake Ann We also submit that if types of dwellings are to be isolated for specific consideration we should place single family and duplexes in the same category as is done in the draft of the Chanhassen Com- prehensive Plan. The following paragraphs are from pages lu 48 and lu 49. "Residential - Low Density jR-LD) - Low density consists of units ranging from 1 to 3.4 dwelling units per gross acre. The predominate development type within this category is expected to be single family detached housing. An average density of 2.2 dwelling units per gross acre will be used as a guide in the review of development proposals that occur within this zone. Residential - Medium Density (R-MD) - The residential - Medium Density designation is intended to accommodate multiple uses and more specifically, townhouses and quadrominium units. A gross density range of 3.5-- 6.9 dwelling units per acre is covered by this category and the average density is estimated at 4 dwelling units per acre." If our assumption is correct that the two dwelling types should be grouped in R-LD then the totals become 308 units R-LD, 172 units R-MD and 120 units R-HD. The percentages are 51%, 29% and 20% respectively. The overall density is 600 : 220 = 2.7 which is well within the low density range and in keeping with past directives of the City Council. Sincerely, SUBURBAN ENGINEERING, INC. William E. Je sen, E. WEJ/cae Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gory R. Hams, Reg. Surv. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Surv. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldo% Reg. Eng. i Veterans Administration April 9, 1981 .City of Chanhassen 7610 Laredo Drive Chanhassen, TvIN 55317 Gentlemen: Regional Office Federal Building and Insurance Ce.aer Fort Snelling St. Paul MN 55111 In Reply Refer To: 335/264 Review of our files indicates several subdivisions in Chanhassen were to have all their off -site improvements completed by this time. Please indicate if all off -site improvements in the following sub- divisions have been completed: 1. Chaparral 2. Chaparral 2nd 3. Chaparral 2nd Phase I If the off -site improvements are not complete, please indicate the pro- posed completion date and also what work remains to be done. Thank you for your assistance. If you have any questions, please feel free to contact our office.. Sincerely yours, kllmll_�r DENNIS W. JOHNSON, Supervisor, Direct Loan & Mobile Home Unit Loan Guaranty Division Phone: 612-725-4025 ! N APIR 1981 CO 1RECE V � ED VILLAGE op CHANHASSEN� MINN. .� �QQ(�' ✓., ���� NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH ` P.O. BOX 1367 a- p MINNEAPOLIS, MINNESOTA 55440 612-559-5770 April 9, 1981 Bob Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Subject: Chaparral on Lake Ann Chanhassen, MN Dear Mr. Waibel: As a follow-up to our meeting of April 8, 1981, please note the following schedule of monthly principal and interest payments (not including taxes) for various mortgage amounts and interest rates: 30-year Mortgage Amount $60,000 $70,000 $80,000 Interest Rate: 9% $483/mo. $548/mo. .$627/mo. 11% $571/mo. $666/mo. $761/mo. 13% $663/mo. $774/mo. $884/mo. 15% $754/mo. $879/mo. $1005/mo. The current FHA203b rate is 14%, with a maximum loan amount of $71,000.000 Assuming a 30-year mortgage, this results in a monthly principal and interest payment (not including taxes) of $841/month. If you should have any questions, please advise. Very truly yours, Gregory J. Frank, Vice President of Land Development GJF/cr WILLIAM 0. SCHOELL CARLISLE MAOSON JACK T. VOSLER �/ J JAMES R. OAR HAROLD E. DAHLIN LARRY L. HANSON JACK E..GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN 4L ' SCHOELL MAOSON, INC. r 1 ENGINEERS AND SURVEYORS s I(612) 93&7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 February 5, 1981 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Chaparral 1, 2 and 3 Improvements. Gentlemen: With reference to the improvements for the above -named development, we herein wish to recommend acceptance of improve- ments for Chaparral 1 and 2, with the exception of the following: 1) A number of manhole castings need adjustment. 2) One location needs pavement repair. In terms of Chaparral 3, this is not yet complete. Please note that our recommendations are based on limited observation of the construction, as the developer's engineer did detailed staking and inspection for this project. JROrr:bk Very truly yours, SCHOELL & MADSON, INC. i Crm•-aNC � / ✓� r^ c,., c S A. ya�a /.� /,e C R I S D VILLAG5 OF 's iiYLja+I % 'v WILLIAM D. SCHOELL CARLISLE MADSON /r JACK T. VOSLER 'Q JAMES R. ORR HAROLD E. DAHLI LARRY L. HANSON JACK E. GILL THEODORE D.KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN eJC SCHOELL & MAOSON.INC. ENGINEERS AND SURVEYORS ) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 February 5, 1981 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Chaparral 1, 2 and 3 Improvements. Gentlemen: With reference to the improvements for the above -named development, we herein wish to recommend acceptance of improve- ments for Chaparral 1 and 2, with the exception of the following: 1) A number of manhole castings need adjustment. 2) One location needs pavement repair. In terms of Chaparral 3, this is not yet complete. Please note that our recommendations are based on limited observation of the construction, as the developer's engineer did detailed staking and inspection for this project. Very truly yours, SCHOELL & MADSON, INC. JROrr:bk ��cEtvED 4, V1Li.AGE OF Cj�pI-d.HeAB-$�``4 0� W11 January 28, 1981 CITY OF CHAiHASSEN 7610 LAREDO DRIVE ! P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Greg Frank New Horizon Homes 3131 Fernbrook Lane North P.O..Box 1367 Minneapolis, MN 55440 Dear Greg: jS This is to inform you that the City Attorney has reviewed the guarantee bonds for the Chaparral public improvements and has recommended acceptance of same. Thus, termination of the letter of credit No. 34555, adjustment of letter of credit No. 36353 to.$287,800., and adjustment of letter of credit No. 36763 to $65,618., is appropriate at this time. The City Council is scheduled to take action on formal acceptance of certain improvements in Chaparral at it's meeting on February 2, 1981. As you know, action to accept the improvements will commence the one year guarantee date for said improvements. If you. have any questions on the above, please do not hesitate to contact me. Sincerely, Bob Waibel Land Use Coordinator BW:k Main Office 571.6066 ® UBURBAN 6875 Highway No. 65 N. E. �❑ NBINEERINO Minneapolis, Minnesota 55432 INC. - - - — South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road ❑ Land Surveying - Land Planning - Soil Testing Burnsville, Minnesota 55337 71 December 23, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 ATTN: Don Ashworth Re: Chaparral 3rd Addition Gentlemen: The construction of water main, sanitary sewer, storm sewer and streets in the above captioned project, except for Buckingwood Court, is complete. Buckingwood Court was not included in the con- struction contracts, however, will be constructed at a later date under separate contracts. The work was performed by Thomas Montgomery Construction Company. Staking and observation of the work was per- formed by Suburban Engineering, Inc. Final testing was performed under the observation of representatives of this office and Schoell and Madson, Inc. The work was completed, to the best of our knowledge, in accordance with the plans and specifications prepared by Suburban Engineering, Inc. and on file in the office of the City Engineer. On behalf of the developer, New Horizon Homes, Inc., we respect- fully request that these facilities be accepted by the City of Chan- hassen for perpetual maintenance upon receipt of a satisfactory one- year maintenance bond as required in the contract documents and it is requested that New Horizon's surety be reduced or released. Sincerely, SUBU AN ENGINEERING, INC. vPeter J. Molinaro, P.E. Minn. Reg. No. 12677 PJM%cae cc: Greg Frank Schoell and Madson, Inc. i DEC I980 , �'eCeluoD 'Lin v„ae C, CHANNAss�, %) Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Kim W. Waldof, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. ® UBURBAN na NOINKERING �J INC. aCivil, Municipal & Environmental Engineering ❑ Land Surveying 9 Land Planning • Soil Testing City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Main Office 571-60t 6875 Highway No. 65 N. E Minneapolis, Minnesota 55432 South Office 890.6510 1101 Cliff Road Burnsville, Minnesota 55337, December 16, 1980 40 Re: Chaparral 1st Addition ATTN: Don Ashworth Gentlemen: The construction of watermain, sanitary sewer, storm sewer, and streets in the above captioned project is complete. The work was performed by Thomas Montgomery Construction Company. Staking and observation of the work was performed by Suburban Engineering, Inc. Final testing was performed under the observation of representatives of this office and Schoell and Madson, Inc. The work was completed, to the best of our knowledge, in accordance with the plans and spec- ifications prepared by Suburban Engineering, Inc., and on file in the office of the City Engineer. On behalf of the developer, New Horizon Homes, Inc., we respect- fully request that these facilities be accepted by the City of Chan- hassen for perpetual maintenance upon receipt of a satisfactory one- year maintenance bond as required in the contract documents and it is requested that New Horizon's surety be reduced or released. PJM%cae cc: Greg Frank Schoell & Madson, Inc. Sincerely, 5 SUBU N ENGINEERING, INC. Peter J. Molinaro, P.E., Minn. Reg. No. 12677 DEC 1980 R� �CMv VIU ACM ©n )_ MINIFf. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Sure. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldcf, Reg. Eng. UBURBAN 4�❑ NOINEERING t NC. aCivil, Municipal & Environmental Engineering nR Land Surveying • Land Planning • Soil Testing December 16, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Main Office 571.6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432. South Office 890-6510 1101 Cliff Road Burnsville, Minnesota 55337 Re: Chaparral 2nd Addition ATTN: Don Ashworth Gentlemen: The construction of watermain, sanitary sewer, storm sewer, and streets in the above captioned project is complete. The work was performed by Thomas Montgomery Construction Company. Staking and observation of the work was performed by Suburban Engineering, Inc. Final testing was performed under the observation of representatives of this office and Schoell and Madson, Inc. The work was completed, to the best of our knowledge, in accordance with the plans and spec- ifications prepared by Suburban Engineering, Inc., and on file in the office of the City Engineer. On behalf of the developer, New Horizon Homes, Inc., we respect- fully request that these facilities be accepted by the City of Chan- hassen for perpetual maintenance upon receipt of a satisfactory one- year maintenance bond as required in the contract documents and it is requested that New Horizon's surety be reduced or released. PJM/cae cc: Greg Frank Schoell & Madson, Inc. Sincerely, SUBURBAN ENGINEERING, INC. Peter J. Molinaro, P.E., Minn. Reg. No. 12677 DEC 1980 RECEIVED vlll.%$ to CHANHA MII• P& Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldoj, Reg. Eng. f NEW HORIZON HOMES, INC. I BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55"0 612.559-5770 January 20, 1981 Donald Ashworth City Manager City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 Gentlemen: As a follow-up to the attached three letters from our consulting engineers, we request formal acceptance of the completed public improvements in Chaparral 1, 2, and 3. We understand that City acceptance of these improvements may require City Council action. If so, we request time on the City Council agenda as soon as possible. If you should have any questions, please advise. Ver truly ;•ours, !Y l r Gregor,,: J. Frank, P.E., Vice President of Land Development GJF/cce cc: Peter Molinaro, Suburban Engineering Jim Orr, Schoell and Madson, Inc. Craig Mertz, City Attorney Jo 1981 RECEIVED VLL.L.AM '015 ,C AN14A64&% _ "INK. „ USURBAN RED OD P 9 7 19F (-1 NOINEERINO LUJ ®`Y Civil, Municipal & Environmental Engineering Land Surveying • Land Planning • Soil Testing MFI December 16, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Main Office 571.6066 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890-6510 1101 Cliff Road Burnsville, Minnesota 55337 ATTN: Don Ashworth Re: Chaparral 1st Addition Gentlemen: The construction of watermain, sanitary sewer, storm sewer, and streets in the above captioned project is complete. The work was performed by Thomas Montgomery Construction Company. Staking and observation of the work was performed by Suburban Engineering, Inc. Final testing was performed under the observation of representatives of this office and Schoell and Madson, Inc. The work was completed, to the best of our knowledge, in accordance with the plans and spec- ifications prepared by Suburban Engineering, Inc., and on file in the office of the City Engineer. On behalf of the developer, New Horizon Homes, Inc., we respect- fully request that these.facilities be accepted by the City of Chan- hassen for perpetual maintenance upon receipt of a satisfactory one- year maintenance bond as required in the contract documents.and it is requested that New Horizon's surety be reduced or released. Sincerely, SUBU N ENGINEERING, INC. /Peter J. Molinaro, P.E., Minn. Reg. No. 12677 PJM/cae cc: Greg Frank Schoell & Madson., Inc. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. IlMain Office 571-6066 UBURBAN 6875 Highway No. 65 N. E. '^ N�iNEERlNQI Minneapolis, Minnesota 55432 --- - - INC. - South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 MD December 16, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Chaparral 2nd Addition ATTN: Don Ashworth Gentlemen: The construction of watermain, sanitary sewer, storm sewer, and streets in the above captioned project is complete. The work was performed by Thomas Montgomery Construction Company. Staking and observation of the work was performed by Suburban Engineering, Inc. Final testing was performed under the observation of representatives of this office and Schoell and Madson, Inc. The work was completed, to the best of our knowledge, in accordance with the plans and spec- ifications prepared by Suburban Engineering, Inc., and on file in the office of the City Engineer. On behalf of the developer, New Horizon Homes, Inc., we respect- fully request that -these facilities be accepted by the City of Chan- hassen for perpetual maintenance upon receipt of a satisfactory one- year maintenance bond as required in the contract documents and it is requested that New Horizon's surety be reduced or released. Sincerely, SUBURBAN ENGINEERING, INC. Peter J. Molinaro, P.E., Minn. Reg. No. 12677 PJM/cae cc: 4ar`6g Frank Schoell & Madson, Inc. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. , Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel A Johnson, Reg. Eng. Kim W. Woldof, Reg. Eng. H_ URURSAN NOINEERINQ �-INC. Civil, Municipal ❑ Land Surveying 'Main Office 571.6066 1687.5 Highway No. 65 N. E. I'i Minneapolis, Minnesota 55432 South Office 890-6510 & Environmental Engineering 1101 Cliff Road Land Planning • Soil Testing Burnsville, Minnesota 55337 December 23, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 ATTN: Don Ashworth Re: Chaparral 3rd Addition Gentlemen: The construction of water main, sanitary sewer, storm sewer and streets in the above captioned project, except for Buckingwood Court, is complete. Buckingwood Court was not included in the con- struction contracts, however, will be constructed at a later date under separate contracts. The'work was performed by Thomas Montgomery Construction Company. Staking and observation of the work was per- formed by Suburban Engineering, Inc. Final testing was performed under the observation of representatives of this office and Schoell and Madson, Inc. The work was completed, to the best of our knowledge, in accordance with the plans and specifications prepared by Suburban Engineering, Inc. and on file in the office of the City Engineer. On behalf of the developer, New Horizon Homes, Inc., we respect- fully request that these facilities be accepted by the City of Chan- hassen for perpetual maintenance upon receipt of a satisfactory one- year maintenance bond as required in the contract documents and it is requested that New Horizon's surety be reduced or released. Sincerely, SUBU 'AN ENGINEERING, INC. Peter J. Molinaro, P.E. Minn. Reg. No. 12677 PJM%cae cc: Greg Frank Schoell and Madson, Inc. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Surv. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg, Eng, William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Surv. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldof, Reg. Eng. RUSSELL H. LARSON 'h CRAIG M. MERTZ d 'OF COUNSEL HARVEY E. SKAAR' MARK—C. MCCULLOUGH LARSON $C MERTZ ATTORNEYS AT LAW 1900 FIRST. BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 January 20, 1981 n�. TELEPHONE ,'., (SIR) 33S-9565, F - o aJAiV-1-981 ` z r . DECEIVED 4i CHANHABSEX-, �* MINM M I have received your"letter of January 12, 1981, addressed to Don Ashworth' -regarding the above matter. In that letter, you indicate that: the various Chaparral letters of credit should be maintained at a level of not less than $337,667.83. Since New Horizon Homes has asked for a.reduction to the -level of only $353,418.00, I recommend that you stand at that higher figure. I believe that New Horizon Homes will acquiesce to a demand that security in -the amount of $353,418 be maintained. .The City Council, at its December 22,`1980 meeting, conditionally approved the letter of credit reduction requested by New Horison Homes. One of the conditions attached was that the developer file a guarantee bond warranting the public improvements for the period of one year beyond the acceptance of. the same. The developer has provided me with the original copy of,the following -maintenance bands issued by Lumbermens Mutual Casualty Company: 1 ST 075334; 1 ST 075335; 0 ST 075336. Those guarantee bonds tota1._$420:j 462.54 . The bonds run in favor of the City of Chanhassen and state that the insurance company will indemnify .the City for any lossess sustained by the City.by-reason of ;t.defects:in materials .or workmanship becoming apparent prior to December:l, 1981. I.have reviewed the form of`the bonds and they are.sufficient for City purposes. Lumbermens Mutual Casualty Company has been given a "Excellent" rating by Best.'s Insurance Reports.' -Enclosed you will find the original copy of those bonds. They should be placed in the City vault for safekeeping. In my opinion, the developer has met the fourth condition imposed by the City Council on December 22, 1980. My only area of concern is the expiration date on the maintenance bonds. The development contract provides that the one --year guarantee expires on the first anniversary date of acceptance of the construction work by the City. I don't believe the City has taken any formal action to accept -the streets. This being the case, the maintenance bonds would expire prior to the expiration of the one-year guarantee. t Bob Waibel January 20, 1981 Page Two I -.suggest that you place a follow-up in your file for six .months hence. Atthat time the date of formal acceptance of, the streets would be known and Chaparral should be asked to Q•._ .provide the 'City with 'the necessary extension of the maintenance -bonds. Very truly yours, CRAIG M. MERTZ ' Assistant Chanhassen City Attorney CMM: Tier enc. ., LUMBERMENS MUTUAL CASUALTY 011PANY (A MUTUAL INSURANCE COMPANY) Home Office: Long Grove, Illinois 60049 MAINTENANCE BOND BOND NO ....... 1 ST ....075334.....-. ............. KNOW ALL MEN BY THESE PRESENTS, That we,...... THOMAS MONTGONERY CONSTRUCTION..CO:................................................................................... . ..................................................................................................................................................................................................... of...........................LITTLE CANADA, MINNESOTA ; (hereinafter called the Principal), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY, a corporation, organized and existing under the laws of the State of Illinois and authorized to become Surety in the State of........:.. MINNE..S.OTA .......A ........................................ (hereinafter called the Surety) as Surety, are held and firmly bound unto...........................................................:.... ..............................CITY..OF.,CHANHASSENz..MINNESOT.................................................................................................... (hereinafter called the Obligee) in the penal sum of ......... ONE ... HUNDRED ... SEVENTY-THREE THOUSANDS ...... . ........... .............:..:.:............SIXTY, ONE. AND NO/100 -------------�------..Dollars ($..1�3,061.00...:.-----....) . to which payment well and truly to be made we do bind ourselves, out and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the.............NEW HORIZON HOMES ................................................................ ..................................................................................................................................dated...... m..16?...1979................,.... for PUBLIC IMPROVEMENTS FOR CHAPARRAL, PHASE I WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ..... one,,,,,, year(s) after approval of the final estimate on said job, by the owner, against all de- fects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on 1st December .............. 19 $�......................................................................... day of........ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Ob- ligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of ....... on! .year(s) from and after ......... Decemberl...... 1980 then this obligation shall be void, otherwise to remain in full force and effect. WITNESS: ...................... ............................. ,. S ONT`G-OME, R Cl RLi TION CO ; (L S.) Thomas A. Mathisen, Vice President .................................PRINCIPAL..........................i (L.S.) r; ;LU BERMENSSMUTUAL CAS ALTY COMPANY ..C.... ........ ..usan M. Cunning Attorney-in+act. FA 751 7-76 1M loos—A;.knowledsment by Corporation or As�ntiation, (Revised 1937) _ i bliller-Davie Co., Minneapolis, Minn. Minnesota _...•. 12th Januar ......_... 81-,w gi7tdtE Of ............................................... ass. On this....... -...........-..................day ol.................. .............Y 19.... County of.............Ramsey..................... 1 before 7" appeared ...............Thomas...A....Mathisen................. to me personally known, who, being by me, duly sworn, did say that ............ he:.............lS..................................the............ Vice President ........................................................ ................................................... ..................................................................... ...................................................... _.-.- .... .......... of................................homas Montgomery....Construction..-Co.,.................... a coT7�oration, ..................................................... . that the seal affixed to the f07'effoin_9 instrument is the corporate seal of said corporation ,...... -............................... (If.......................................................-........v-e ... .................... no seal, so etuie, and strike rnrt above -* as t.o corrora..l..e.sesl)... and that said instrument was executed in behalf of said corporation by authority of its Board of Directors ; and that said................Tlwraa.s...A..�..Mathisen............---.....---------...-------------_--------------------..- ..................... acknowledged said instrument to be the free act and deed id corporalion. /;1 �. .. ..................... . CHMSTINE M. HANSEN NOTARY PUBLIC - MINNESOTA Notary Public ......... ............... .............................. County, . ;' RAMSEY COUNTY My Commission Expires Aug. 19.1986 ✓ fy commission expires................................................................ �i�+� i�.l.ci'ridi.�r.- •�+�.,.w...: �... ..e�i-aSsJwsc:w'io..ndel''Jur.vie.«,��::,n-l�wtw.��i.s:.�.ia:.. _-_ +. L Ri .t :i+6♦m��i�-! A/iLpev Wild e -'STATE OF Minnesota ss: COUNTY OF Ramsey 1, Christine M. Hansen a Notary Public in and for the state and county aforesaid, do hereby certify that Susan M. Cunningham _ of the. Lumbermens Mutual Casualty Coinpany who is personally known to me, appeared before me this day and acknowledged that he signed, sealed and deliv- ered the foregoing instrument as his free and voluntary act as Attorney -in -fact _ of the Lumbermens Mutual Casualty Company and as the free and voluntary act of the _ Lumbermens Mutual Casualty Company for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 12th day of January A.D. 19 81 >r��cv�'•.r • v.•.Yti'NM-l!'IJYIJd'.VA M. HANSEN Lis _/!•�'�<2�>„L/ My commission expires NO'%='yi"j '-iC-MINNESOTA Notary public 4 - �L;. f Fi ; .•":�:c'r C-)UNTY e r• NOTARIAL IURAT.: ' My Commission Expires Aug. 19, 1g86 FK 230 3-80 3M _,� �. �, �arac�oe�v rsva:aeseseP�. ras PRINTED IN 1.14A. 4. t d , LUMBERMENS MUTUAL CAS,.,ALTY COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: I GROUP i That the Lumbermens Mutual Casualty Company, a corp6ration organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * * * * * * * * * * * * * * * * * D. R. Dougherty; Jack Cedarleaf; Jimmy G. Cedarleaf; Gerald W. Hooker; R. E. Slater, Jr.; R. J. Larsen; Susan M. Cunningham; Jack Cedarleaf II; of St. Paul, Minnesota (EACH)******* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1982,. unless sooner revoked for and on its behalf as surety; and as its act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shalt be as binding upon the said Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such power so executed, sealed and certified with respect to any bond or similar undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 16th day of. September , 19 80 Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY By R.H. Johnson, Secretary G. H- Kasbohm, Vice President STATE OF ILLINOIStss COUNTY OF LAKE j t, Martha E. Anderson, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes therein set forth. My.commission expires: February 16, 1984 Martha E. Anderson, Notary Public FA 83h-7 7-00 1M PRINTED IN U.S.A. LUNRERMENS MUTUAL CASUALTY COMPANY (A MUTUAL INSURANCE COMPANY) Home Office: Long Grove, Illinois 60049 MAINTENANCE BOND BOND NO .... 1...51. 075335 KNOW ALL MEN BY THESE PRESENTS, That we. ....... T.HOMAS MONTGOMERY.CONSTRUCTION........ CO .............................. ...............:.......................................... ........... ................................................ ............................................... ................................................................ ............................. .................................. I ... .................. of ..................... ....... LITTLE..............................CANADA.....MINNESOTA ......................................(hereinafter called the Principal), as Principal, and` LUMBERMENS MUTUAL CASUALTY COMPANY, a corporation, organized and existing under the: laws of the State of Illinois and authorized to become Surety in the State of..............MIMESOTA ..................... .. ., (hereinafter called the Surety) as Surety, are held and firmly bound unto ................................................ .....,.,........ ................................ CITY ..OF . CHANHA S SEN.,.. MINNE S OTA..........................................................................................,... (hereinafter called the Obligee) in the penal sum of ......... T.WO._HUNDRED. THIRTY-FIVE. THOUSAND..._ N. ........ HUNDRED FIFTY-ONE AND NO/100-----------.-- ( 235,951.00-------,) ............................... ......................................................................................pollars ............ to which payment well and truly to be made we do bind ourselves, out and each of our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents.- WHEREAS, the said Principal entered into a contract with the...:.................NEW ...................HORIZON............HOMES...................... ............... ............................................................................ .. .............................................dated ....... J.`.'.ly ..26.,...I97 9 .................. for PUBLIC IMPROVEMENTS FOR CHAPARRAL, PHASE II WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ....one........ year(s) after approval of the final estimate on said job, by the owner, against all de- fects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on ...........1st................................................... day of .........December .............. 19... $q. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Ob- ligee for all loss that the Obligee may sustain by reason of any defective materials or v�orkm�yhip which become apparent during the period of ..... one ......... year(s) from and after .......... December then this obligation shall be void, otherwise to remain in full force and effect. THQ ... „MQNTGOME C . TW,, TION..CO.(L.S.) v.... ..... ....... .I .... ...... r .................. .................. (L.S.) Thomas A. Mathisen, Vice President ............................................................................... (L.S.) PR I NC I PAL(S) LU ERMENN' MUTUAL CAS ALTY OMPANY , WITNESS: _. ...................... �..�?+/..�/.... /...� .............................. Susan M. Cunningh � Attorney-irt-Fact...,...... .. , FA 751 7-76 1M PRINTED 1N U.S.A. 1Ipp5--AJcnowled¢ment by Corporation or Association. (Revised 1937) Miller-Davi9 Co.. biinneayolig. Minn. ---------- — • 94ate Of ....... ......... Minnesota.............�ss. On this. ........... 12th ...............day of .................. ,Ianuar5'................. IO... 81.. Ramse Thomas A.---Mathisen . Count o ,,,,,-y..................... be ore 7ne a cared ................................. to me personally known, who, bein6 by me duly stcorn, did say that ............ he................is _ the Vice President of ................................. Thomas••Montgomery...Construction... ....-..............................-,...-......... , a corporation, that the seal affixed to the foref%oing instrument is the corporate seat of said corporation, ....................................... ................................................................................... I.................. (If no seal, so state, and strike nut above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of D.irectors........... ...............; and that said ....................... .......Tk.9mas... A....Mathis-en................................. ..................... acknowledged said instrument to be the free act and dee o said .orporation. �.v,....,.....�.r.... ........................... ...........................................: ....... ......... � ?IST!! :E M. HANSEN ° ''"'•- Nu 4-'iY PUELIC - MINNESOTA Xotai7j Public ......... .......................... .................. County ry FiAM�]':Y COUNTY �T1 cm,m•ison expires ................................................................ .... ................... My Commission Expires Aug. 19, 1986 yosiP -•-••••••••--- 'STATE OF Minnesota ss: COUNTY OF Ramsey - I, Christine M. Hansen a Notary Public in and for the state and county aforesaid, do hereby certify that Susan M. Cunningham of the Lumbermens Mutual Casualty Company who is personally known to me, appeared before me this day and acknowledged that he signed, seated and deliv- ered the foregoing instrument as his free and voluntary act as Attorney -in -fact of the Lumbermens Mutual Casualty Company _ and as the free and voluntary act of the Lumbermens Mutual Casualty Company , for the uses and purposes therein set forth. Given under my hand and, Notarial Seal this 12th day of January A.D. �.• . - ..... , ... .,r...*s.-.,r..•.dw9+.y �.a�ts,. f� ✓7/iG2+��C/J'LY // ' ' ! � C! - C—i -!'?!S,E M. HANSEN l�PI.L'L My commission expires -" NC- Y'F c - 6aI.-Nl=S0T,A Notary Public =� hAM,'c LY COUNTY a NOTARIAL )URAT z My C%-.mmis_ ur, Expires Aug. 19, 1986 FK 230 3-80 3M 1F . . l•r>; reran •: s d PRINTED IN U.S.A. r . LUMRcRMENS MUTUAL CAST ' � LTY COMPANY Home Office: Long Grove, IL 60049 GRMP - . POWER OF ATTORNEY t Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, a corporation organized and existing under the laws of. the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * * * * * * * D. R. Dougherty; Jack Cedarleaf; Jimmy G. Cedarleaf; Gerald W. Hooker; R. E. Slater, Jr.; R. J. Larsen; Susan M. Cunningham; Jack Cedarleaf II; of St. Paul, Minnesota (EACH)******* its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period. begin- ning with the date of issuance of this power and ending December 31, 1982,. unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings. ** ********** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois, THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 . This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant. Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on ;�-tay 18, 1965, and any such power so executed, sealed and certified with respect to any bond or similar undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this__l6th _day of September 79 80 Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY By R.H. Johnson, Secretary G. H. Kasbohm, Vice President STATE OF ILLINOIS},, COUNTY OF LAKE I, Martha E. Anderson, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes therein set forth_ ,OOT••,�.`y My commission expires: February 16, 1984 Martha E. Anderson, Notary Public FA 8361 7-80 7 M PRINTED IN U.S.A. Power of Allornry—Term LUffgERMENQ MUTUAL CASUALTY COMPANY (A MUTUAL INSURANCE COMPANY) Home Office: Long Grove, Illinois 60049 MAINTENANCE BOND BOND NO....... KNOW ALL MEN BY THESE PRESENTS, That we,.......THOMAS„MONTGOMERY„CONSTRUCTION........ .................................................................. ...... ...............................................................................................................................................................................................,..... of ........................... LITTLE_ CANADA,, MINNESOTA,, ,,,, , ,,,,,(hereinafter called the. Principal), p l), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY, a corporation, organized and existing under the laws of the State of Illinois and authorized to become Surety in the State of........... MI? vESOTA........ -,,,, (hereinafter called the Surety) as Surety, are held and firmly bound unto................................................................. CITY OFCHANHASSEN:MINNESOTA ................................ ... ......................................................................................,....,,,.... (hereinafter called the Obligee) in the penal sum of ........ONE,HUNDRED ELEVEN THOUSAND FOUR HUNDRED .....................I.........................� ............................... FIFTY AND 54/100--------------------`----D111,450:54------ ,)............................... . . __ to which payment well and truly to be made we do bind ourselves, out and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the :...NEX...UQR:LZQW..HST=S.:........................................... ...................................................................................................................................dated.......September..9 for PUBLIC IMPROVEMENTS FOR CHAPARRAL, PHASE III WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of .., one „ year(s) after approval of the final estimate on said job, by the owner, against all de- fects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on ........1st day of ......... December .............. 19...80. .....,.,..........,...... . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Ob- ligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of ..... RnI�......... year(s) from and after......... December 1, 1980 ..........................................,... then this obligation shall be void, otherwise to remain in full force and effect. WITNESS: ......................... lee............................ FA 751 7-76 1M ,. , , MONTGOME .CON TRUGTION CO.(LS ) BX. I .. ... ..... _.0 ... (L.S.) T omas A. Mathisen, Vice President ................................. PR I N C I PAL(..Sj ..................... LUPPERMENS MUTUAL CAS ALTY COMPANY `'• At4n M. Cunningh AttorneyHn-fact, PRIM rE01'1N U-S.A.' \i 6a:..x��,._a�'dSA�.`e:+:s:�s:......t.,. s,.n,*wF,:a.., _ o..�,�.. �aia+ va=�r.� _ _ .o+�,w.:. • itsRs�ns`.ii� -e.r.;:--{n �• — _ _ ...._........._nti:.:n�.,K�..� - ,...rrw,..�L. •:. r too5--Acknowledgment by Corporation or A _ _ation. (Revised 1937) — `Miller-D;vie Co., Minneapolis, Mina. #ate 0#.................Minnesota On this..................12th ........ dayo ...................................-...-....-..19...gj:... County of...............Rams! �y..................... 1 before me appeared .................Thomas ... Ax...Mat;h:.L$.e.a.......................................... to me personally known, who, beings by me, duly sworn, did say that ............ he ................ is................................ the ......... :.. .............................. ........ Vice...P.res ident......-.............................................-...................................................................................................................... of.................................Thomas...Montgomery..-.Botts. !uct~,Ota... Co.............................................................................. a corporation,. that the seal affixed to the forefsoins inst-runlent is the corporate seat of said corporation, ....................................... ... .... ........................................................................................... .-.. (If no seal, so elate, and strike nut above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of ....................... irect9rs ...................... ; and that said .............................. Thma.s..A.....Ma:this.ea............................................. acknowledged said instrument to be the free act and deed aid c- rporation. ......�.._: �:y l ........ ........ fi%........................... CHRISTINE M. HANSEN • =^1. U.,1� NOTARY PUBLIC- MINNESOTA .Notary Public ......... ........... .... .............................. County . . SAMSEY COUNTY r. My Commission Expires Aug. 19, 1988 My commission expires........................................................................................................_.. n'eS.v. �. s.,.,�.�.+'RwS7"a[3�a?!!�q}i,^l+i!'e?`x�...�..f*�*�rr"�'�`.. .....: .,, ..,. ... ,.•�.r_,�.,-. ..'--. T.a'aara'r�iro+r'�,8�asr�p -�.. - .,. . _. .. 6€afr..w.+'w:ierFfE�sNura/.irsrs,:a'..�n-::.:nf.••;,. �� _ :_. ..�. :. � ..:-:.. �� -. �� _ — _zr«„a.. _sa,• • 3 a — #k -,STATE OF Minnesota I ss: COUNTY OF - Ramsey - I, Christine M. Hansen a Notary Public in and for the state and county aforesaid, do hereby certify that Susan M. Cunningham of the Lumbermens Mutual Casualty Company who is personally known to me, appeared before me this day and acknowledged that he signed, sealed and deliv- ered the foregoing instrument as his free and voluntary act as 'Attorney -in -fact --- of the Lumbermens Mutual Casualty Company and as the free and voluntary act of the Lumbermens Mutual Casualty Company , for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 12th day of January A.D. 19 81. f-,.. v�s,nv ��ti^:Vr�.•vc+.ewi�asCCi+-B.►.fiJer+ L I� � �� �J Ar ..an 7A. HANSEN My commission expires F :3' i :Y =! !C • F.tIWcSOTA Notary Public NOTARIAL )URAT �r.1 tiny Comm e_: n cxp+res A �. 7�, �3a t FK 230 3 80 3M PRINTED IN U.S.A. 1?':Y4-+e14+��•'9P?SL .'fT"i. ss ^r•!o"�F^. - r-n.n.^-"^�.�„aC^w"`JNti'm°ry"7��'k,•yMsr-+w�+.4",�"'_'+.`s"r_."*^°•"ra:+!crr ;s•:..v++¢c�'S7•"'y,'"_ ..>:.ze-a,.r.�n,•..-sv¢„••.... �.e•�..... __ � _ 44 ,AUM13ERMENS MUTUAL CA' ,-LTY COMPANY 3,—r7:. Home Office: Long Grove, IL 60045 �" � GROUP POWER OF ATTORNEY '' ! Know All Men By These Presents: That the Lumbermers Mutual Casualty Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * * * * * * * D. R. Dougherty; Jack Cedarleaf; Jimmy G. Cedarleaf; Gerald W. Hooker; R. E. Slater, Jr.; R. J. Larsen; Susan M. Cunningham; Jack Cedarleaf 11; of St. Paul, Minnesota (EACH)******* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1982,. unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings-************ EXCEPTION: NO AUTHORITY is granted. to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit.. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lurt� bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seat of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Corn- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on Niay 18, 1965, and any such power so executed, sealed and certified with respect to any bond or similar undertaking to which it is attached, shad continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 16th - . day of - September , 19 so . Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY / 4 Aeg'- /f /bv; 41-1 By V)�� 5 — R.H. Johnson, Secretary G. H. Kasbohm, Vice President STATE OF ILLINOISiss COUNTY OF LAKE f1 I, Martha E. Anderson, a Notary Public, do hereby certify that G. H Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes therein set forth. asiwoT �r�t My commission expires: February 16, 1984 r Martha E_ Anderson, Notary Pubric FA83f-1 7-80 1M PRINTED IN U.S.A. Power of Attorney —Term CITY'O F CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 DATE: January 12, 1981 T0: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel SUBJ: Chaparral Letter of Credit and Adjustments PLANNING CASE: P-580 Attached please find the letter from Dale Campbell dated January 6, 1981, delineating the estimated assessments for Kerber Drive for the Chaparral Additions and the estimated costs for the yet to be finished boulevard sodding and driveway surfacing. The following list is an itemization of the portions to be covered by the performance sureties pursuant to the development contract. 1100 of estimated costs for boulevard $ 28,457.00 improvements *1100 of estimated costs for Kerber Drive 90,727.83 Public Improvement Projects 75-2 and 75-3 152,000.00 deferred assessments guarantees Work remaining to be completed for Chaparral 65,618.00 3rd Addition Total . . . . . . . . . . . $337,667.83 *As you know, New Horizon in letter of credit no. 36353 had set aside $135,600 for the Kerber Drive assessment. In using Dale Campbell's figures, the amount above indicates a $44,272.17 credit for this item. Please advise if you care to have the initial figure remain in effect in the letters of credit until after the assessment role has been adopted. Since the current three letters of credit are somewhat administratively cumbersome and could lead to confusion, I recommend that the current letters be replaced by one letter°of credit including the items above to be administered and carried out as per the development contract. 6 Don Ashworth, City Manager Page 2 January 12, 1981 Jerry Schlenk has indicated that the signs will be delivered in the next few days and thus such is not being included in the above sub- totals. N.S.P. has informed us that there have been 24 street light fixtures installed throughout the Chaparral 1st, 2nd and 3rd Additions. For the purposes of the separate account for supplying of energy, Dale Campbell has such to be $108 per fixture annually. Please notify me of any concerns you might have at your earliest possible convenience. BW:nr cc: Craig Mertz Jim Orr Kay Klingelhutz WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WIWAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN L ;..• fix_. s (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 January 6, 1981 City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 Attention: Gentlemen: SGHOELL & MAOSON, iNc. ENGINEERS AND SURVEYORS Mr. Bob Waibel Land Use Coordinator Subject: New Horizons CHAPARRAL Subdivisions. �_ Enclosed is the information on the various phases of CHAPARRAL subdivisions as requested in your letter dated November 21, 1980. The estimated assessment for Kerber Drive for the various phases of CHAPARRAL subdivisions is as follows: CHAPARRAL $23,670.51 CHAPARRAL 2ND ADDITION 38,512.27 CHAPARRAL 3RD ADDITION 6,226.54 CHAPARRAL 4TH ADDITION 14,070.53 ESTIMATED ASSESSMENT $82,479.85 It should be noted that this assessment is total construction cost and is based upon the October 31, 1977 feasibility study. At the present time we are compiling an assessment roll for this project. The estimated .installation cost for boulevard sodding and driveway surfaces for surfaces within the right-of-way using the map you supplied is as follows: Sod 5,800 S.Y. @ $2.00/S.Y. $11,600 Class 5 710 Tons @ $7.00/Ton 4,970 Bituminous (2341) 3,100 S.Y. @ $3.00/S.Y. 9,300 CONSTRUCTION COST _ $25,870 �a JAN 1981 -' RECEIVED VILLAGE: GF v CHANHASSEN� MINN, 'SCHOELL & MAOSON, INC. City of Chanhassen Attention: Mr. Bob Waibel Land Use Coordinator Page Two January.6, 1981 The estimated annual cost for energy to street lights is $108.00 per fixture. This figure was obtained from Mr. Gerald Schlenk of your office. The estimated purchases and installation. cost of street signs within the second and third additions are $25.00 per sign. This figure was also obtained from Gerald Schlenk of your office.. Very truly yours, SCHOELL & MADSON, INC. 4 v DLCampbell:bk cc: Mr. Don Ashworth, City Manager E - Qb LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL January 8, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH Nancy Rust Planning Secretary Box 147 Chanhassen MN 55317 Re: New Horison Homes, Inc. Dear Nancy: The City Council, on January 5, 1981, authorized the City Manager and Mayor to sign the "First Amendment to Plan Residential Development Contract" for Chaparral First, Second Third and Fourth Additions. Please obtain from Mr. Ashworth the copy of that document bearing the original signatures of New Horizon Homes. Please obtain the signature of Mr. Ashworth and Mayor Hamilton on that document. Thereupon, please return the document to me, as I must yet obtain the signature of Dunn & Curry Real Estate Management, Inc. CMM:ner Very truly yours,. CRAIG M. MERTZ Assistant Chanhassen City Attorney JAN 1981 RECEIVED'! VILLAGE OF r CHANHASBEN, �'' '� MINN. ..'�✓ ,04) WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 m b0 SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 January 6, 1981 Attention: Mr. Bob Waibel Land Use Coordinator Subject: New Horizons CHAPARRAL Subdivisions. Gentlemen: Enclosed is the information on the various phases of CHAPARRAL subdivisions as requested in your letter dated November 21, 1980. The estimated assessment for Kerber Drive for the various phases of CHAPARRAL subdivisions is as follows: CHAPARRAL $23,670.51 CHAPARRAL 2ND ADDITION 38,512.27 CHAPARRAL 3RD ADDITION 6,226.54 CHAPARRAL 4TH ADDITION 14,070.53 ESTIMATED ASSESSMENT $82,479.85 It should be noted that this assessment is total construction cost and is based upon the October 31, 1977 feasibility study. At the present time we are compiling an assessment roll for this project. The estimated installation cost for boulevard sodding and driveway surfaces for surfaces within the right-of-way using the map you supplied is as follows: ' Sod 5,800 S.Y. @ $2.00/S.Y. $11,600 Class 5 710 Tons @ $7.00/Ton 4,970 Bituminous (2341) 3,100 S.Y. @ $3.00/S.Y. 9,300 CONSTRUCTION COST _ $25, 870 (P,-;RECEIVED 9JAN 1981 ILLAGE OFANHAssMINN. J` SCHOELL & MADSON.INC. City of Chanhassen January 6, 1981 Attention: Mr. Bob Waibel Land Us.e Coordinator Page Two The estimated annual cost for energy to street lights is $108.00 per fixture. This figure was obtained from Mr. Gerald Schlenk of your office. The estimated purchases and installation cost of street signs within the second and third additions are $25.00 per sign. This figure was also obtained from Gerald Schlenk of your office. Very truly yours, SCHOELL & MADSON, INC. DLCampbell:bk cc: Mr. Don Ashworth, City Manager sb:n%"+;Y'YfleEro,°sr'..M.u-•Y='.-e.•'.—".a��x[ia.C:.''.4.it1'lers?piai-^'wHw'rr.+k+r...v'.Jdiw.9�w'�.. �i&1T1 h>" --. �+at.'R,LIW. �ae�..wwr�s.e. r�:.::irar..JNawrifi`-''•—+S...x.:r.Kwwui..nw..w.hr�i:.Xr%..tL+ut,:i'e✓w'.rrre.:y.naw..a:.Yi...ny ,,,, Council Meeting December .2, 1980 4 -7- Councilman Swenson moved to approve the November 24, 1980, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to approve the December 8, 1980, Council-. minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Neveaux moved to note. the November 12, 1980, Planning Commission minutes. Motion seconded by Councilman Pearson.The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to note the November 18, 1980, Park and Recreation Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,' Councilman Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Geving moved to note the December .2, 1980, Park and Recreation Commission minutes. Motion seconded by Councilman Pearson.- The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman Swenson moved to note the November 17, 1980, Sign Committee minutes. Motion seconded by Councilman Pearson. The following voted. in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Councilman. Pearson moved to note.the November 20, 1980, Lake Study Committee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried, Councilman Swenson left the meeting. LETTERS OF CREDIT REDUCTION REQUEST FOR CHAPARRAL FIRST, SECOND, AND THIRD ADDITIONS NEW HORIZON HOMES, INC..: Councilman Geving moved to approve the reduction request in the Chaparral letters of credit subject to the following four conditions: 1. That the remaining balance be sufficient to cover 110% of the estimated value of uncompleted work as per the engineer. 2. Sufficient to cover the $152,000 guarantee previously negotiated for deferred assessments. 3. Sufficient to cover 100% of the pending assessments for both Kerber Blvd. projects. 4. The developer file a guarantee bond warranting the public improvements for the period of one year beyond acceptance of the same. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. MUNICIPAL WATER DISTRIBUTION SYSTEM, LOW AND HIGH PRESSURE PROPERTIES, TROLLS GLEN: Mr. and Mrs. Gregg Bernhardt were present requesting the City pay costs associated with a water boosting device installed in their home at 3883 Forest Ridge Circle. Councilman Neveaux moved to deny the request and reinforce the city policy on water that the city deliver water consistently no less than 30 pounds at the street level YTM1 in the city system and direct that the City Engineer and Utility Department restudy 1 this area over the next six months coming back with perhaps a further recommendation ,:.�• by July 1, 1981. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. 6.. LARSON & MERTZ J ATTORNEYS AT LAW ISOO FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL December 18, 1980 HARVEY E. SKAAR MARK C. MOCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: New Horizon Homes, Inc. Dear Don: TELEPHONE (612) 335-9565 Enclosed you will find my proposed "First Amendment to Planned Residential Development Contract" for Chaparral 2nd, 3rd and 4th Additions. Please note that the document has been signed by New Horizon Homes. If you find the document to be in order, please submit it to the City Council as a consent agenda item. The background information on this item is as follows: 1. In a report dated May 6, 1980 addressed to you, I re- commended that the development contract for Chaparral 2nd Addition be revised so. as to permit use of the developer's letters of credit to pay any default in pending special assessments for the northerly section of Kerber Blvd. 2. In my report to you of June 17, 1980, I asked for instructions as to the source of the funds to pay the cost of oversizing the northerly section of Kerver Blvd. 3. The City Council at its July 7, 1980, meeting directed staff to look to the state aid construction account, rather than to New Horizon Homes, for payment of the oversizing costs. The enclosed "First Amendment" incorporates the City Council's directive of July 7, 1980. The guarantees set forth in the enclosure are now limited to the costs of constructing Kerver Blvd. to a standard street section. Please call if you have any questions. Very truly yours, 1I��� CRAIG M. MERTZ (%--REC Assistant Chanhassen City Attorney CMM:nerencEIVDL.P.OE OF jol NHASSEN,rs� lr�o LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL December 18, 1980 HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel �� 1�1��C►�1 �^ Land Use Coordinator Box 147 h *� Chanhassen MN 55317 DEC1980 RECEIVED LAGRe: Chaparral Letter of Credit vI>.HA M � CHANHAS°3EN, MINN. , Dear Bob: I have received your memorandum of November 18, 1980 concerning New Horizon Homes' request for a further reduction in their three outstanding letters of credit. I have also received Mr. Orr's report of November 7,1980, regarding the same. If these reductions are granted, then the outstanding letters of credit would be as follows.: Present Bal. Amt. of Decrease New Bal. lst Add'n (L.C. 34555) 253,370 (253,370) -0- 2nd Add'n (L.C. 36353) 479,345 (190,545) 287,800 3rd Add'n L.C. 36763 458,878 (393,260) 65,618 TOTAL 353,418 Mr. Orr's recommendation is apparantly based on his estimate of the cost of completing uncompleted work yet to be performed by the developer. The City Council at its meeting of October 19, 1979 discussed in detail the matter of the guarantee special assessments on Chaparral. You will recall that the development contract distinguishes between the "levied" assessments (which were included on the Carver Beach Project 75-2 assessment roll and on the Green Wood Shores Project 75-3 assessment roll) and the "deferred" assessments (which are to be paid on a lot by lot basis as new homes are sold and occupied). At that meeting, the City Council directed staff to negotiate a guarantee of assessments from New Horizon of not less than 33% Bob Waibel December 18, 1980 Page Two of the amount of the "deferred" assessments. The sum of the deferred assessments and the levied assessments on all four ad- ditions of Chaparral is $556,771.00. The "deferred" portion of that amount is $424,304.00. 33% of $424,304.00 is $141,434.00. In December of 1979, staff negotiated the actual assessment guarantee figure at the somewhat higher figure of $152,000.00 It is my recommendation that this $152,000.00 guarantee for Project 75-2 and Project 75-3 assessments be continued. The Kerber Blvd Improvement Project for which a construction contract was awarded on October 27, 1980, somewhat complicates matters. On May 2, 1980, New Horizon asked the City to certify to the U.S. Department of Housing and Urban Development (HUD) that all pending assessments on Chaparral were guaranteed by that company's various letters of credit on file with the City. The development contract did not specifically authorize the City to draw upon the letters of credit to pay pending assessments. Assessments pending at that time were for: a) Project 77-6 (construct aggregate base of Kerber Blvd) , and b) the new Kerber Blvd construction which was ultimately approved in the fall of 1980. On May 5, 1980, New Horizon provided the City with a written authorization to draw upon its letters of credit to pay any pending assessments arising out of the improvement of Kerber Blvd. Shortly thereafter City Staff made the necessary certification to HUD. The written authorization of May 5, 1980 is incorporated into the First Amendment to Planned Residential Development Contract, which has been submitted to Mr. Ashworth under separate cover. In view of the assurances which the City has provided to HUD, at New Horizon's request, regarding the presence of a guarantee of pending assessments, it is,my recommendation that the developer's letters of credit not be reduced below an amount necessary to cover 110% of all pending Kerber Blvd. assessments. Recommendation The dollar total of the three outstanding New Horizon letters of credit should not be reduced below the sum of the following amounts: a) $353,418 representing the value of uncompleted work per Mr. Orr's letter of November 7, 1980, and b) $152,000 representing the guarantee of "deferred" Project 75-2 and 75-3 assessments negotiated as per the City Council directive of October 19, 1979, and Bob Waibel December 18, 1980 Page Three c) 100% of the amount of the City Engineer's estimates of all pending assessments to be levied on Chaparral for both of the Kerber Blvd projects. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner enc LETTER OF AMENDMENT NATIONAL 'BANK OF MINNEAPOLIS _ _ - INTERNATIONAL BANKING DEPAF­'ENT _ Minneapolis,. Minnesota 55480z� P CREDIT N0. �36763 " REACCOUNT-- New. Horizon. 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