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78-01 - Chaparral PUD Amendment pt 4Bob 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 Manager's Comments Approval of the reduction in the letter of credit is recommended, as outlined in the attorney's report, with the following additional conditio n: 1). That the letter of credit reduction not occur until after the attorney's office has reviewed and approved the developers guarantee bond warranting the public improvements for a one year period, after public acceptance, and further that the City is assured of being able to cause repairs under such guarantee bond. Minutes of the 12-17-80 Planning Cormdssion Meeting Page 4 Mr. Partridge moved to hold a public hearing for the proposed subdivision. Mr. J. Thompson seconded the motion. All voted aye. Motion carried. Review Scott County Ccarprehensive Plan: Mr. Waibel noted that in reviewing the Scott County. Comprehensive Plan, no inconsistencies were found with Chanhassen's land use and transpor- tation plans. He reccm ended a letter be forwarded to Scott County indi- cating Chanhassen's approval. Mr. Waibel discussed the highlights of the Scott County plan and haw they related to Chanhassen. Mr. Partridge moved a letter be submitted to Scott County saying Chanhassen had no objection to the plan. Mr. W. Thompson seconded the. motion. All voted aye. Motion carried. Review P-District Status: Mr. Waibel-said-the Planning Commission was asked to review the P-districts because such a review on a regular basis was required by ordinance. Each P-district was reviewed individually: (1) Chanhassen -Lakes Business Park: Discussion occurred on Park Drive and Chairman Horn recalled that Park Drive was permitted to remain open until the time New Highway 17 was completed. At that time, the ola and new Highway 17 would be used as access from the business park unto Highway 5. Mr. J. Thompson moved there be no change in the status of the business park other than that the Commission recommend to the City Council the Park Drive access unto Highway 5 be closed within one year of the corrpletion date of New Highway 17. Mr. Hamilton seconded the motion. All voted aye. INbtion carried. she) (2) Chaparral, ist, 2nd, -3rd, and 4th Additions: - Mr. Waibel described the development in relation to type, size, and status. He reccunended it be maintained on the annual review list. The Ccamnission generally agreed" with staff's recommendation. No further cone-ent was made. (3) Chaparral'West Mr. Waibel explained the status of the development proposal saying it had recently received a recommendation of denial from the Planning Commission on the final development plan and final development plan review by the City Council was anticipated in January. He recormmanded it be maintained on the annual review list. The Commission generally agreed with the staff recommendation. No further comment was made. (4) Colonial- Grove•-2nd'-Addition Mr. Waibel explained the status and details of this development and noted the developer had requested the installation of improvements be done as a 429 project. He proceeded to explain the 429 program and recommended the development be maintained on an annual review list until the majority of residential units are constructed. The Commission generally agreed with the staff recomnendation. No further ecarment was made. CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: December 8, 1980 SUBJ: Letters of Credit Reduction Request for Chaparral lst, 2nd, and 3rd Additions, New Horizon Homes This office had anticipated a report from the City Attor_ney's office in regards to the existing performance bond for New Horizon and whether such provides guarantees to the City for work completed. The question as to whether the letters of credit can be reduced is germane to this.issue, i.e. the letter of credit is to assure that the improvements are completed and to guarantee that the work completed is in accordance with city specifications. If the City is to consider a reduction in the letter of credit for work which has been completed but not yet accepted by the City, the City must be assured that adequate protections exist should major defects occur. This item will appear on the December 22nd agenda. Deletion of this item from this agenda is recommended. CITY OF CHANHASSEN 7610 LAREDO DRIVE * P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: December 4, 1980 TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel SUBJ: New Horizons Letters of Credit Reduction Request PLANNING CASE: P-580 As shown on the attached, the question which needs to be resolved is whether or not the letters of credit for the Chaparral project should be adjusted at this time to pro- vide sufficient surety to ver the options indicated in 6.03(B) of the Chaparral Development Contract. Additionally, this office anticipates that appropriate adjustments will be made to the "work to be completed figures" to account for the areas where boulevard seeding and sodding and boule- vard driveway surfacing have not yet been completed and also the estimated assessments for the installation of Kerber Drive. BW.nr 0000, 6/� Attachment CITY OF 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: November 21, 1980 TO: City Engineer, Jim Orr FROM: Land Use Coordinator, Bob Waibel SUBJ: New Horizons Letters of Credit Reduction Request PLANNING CASE: P-580 As you know, in reviewing the s,ub.ject request, it appears that, inadvertently, some of th'e.,,performance requirements outlined in the development contract for Chaparral were not calculated into the initial letter.',of credit amounts. Specifically, the items no.tf included are sodding and seeding of boulevards, driveway surfacing in the right-of- ways, street signs, and street lighting. In addition, there is seemingly a discrepancy.between the special assessment balances on the request for reduction and that of the City Treasurer's office. In order to assure tha--t the letters of credit are consistent with the development.contract, we need to have, in addition to the estimate of work uncompleted as of the _last request, the following:,-..,., I. The estimated, assessment for Kerber.Drive-.improve- ment"'for the First, Second, Third; and Fourth Ad- ditiorrs: 2. The estimated cost ofinstallation'*-of'boulevard sodding and seeding 'and driveway surfaces within the right-of-way along the streets indicated red in the attached._ -graphic. 3. The estimated annual cost for providing energy to street lights. (The cost of the fixtures has been removed from the installation performance require- ments since the fixtures are property of N.S.P.) Memorandum to Jim Orr Page 2 November 21, 1980 4. The estimate for the purchase.and installation of street signs within the Second and Third Additions. BW:nr ± / Attachment cc: Don Ashworth CITY OF CHASHASSER 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: November 18, 1980 TO: City Manager, Don Ashworth Assistant City Attorney, Craig Mertz City Engineer, Jim Orr FROM: Land Use Coordinator, Bob Waibel SUBJ: New Horizons letter of credit reduction request dated October 27, 1980 PLANNING CASE: P-580 As can be seen in the attached, New Horizons Inc. is requesting reductions in their letters of credit to Chanhassen for the work indicated completed in their letter of October 27. In reviewing this request, I have noted that, apparently, the work indicated as being completed did not include boulevard seeding and sodding, street lighting, street signs, and driveway surfacing within the public right-of-way, all of which are items indicated to be covered under the performance surety requirements. Additionally, in researching the applicant's statement that a portion of these letters of credit are to assure for payment of special assessments in the Fourth Addition which is currently considered ineligible for development by the Watershed District, I have been informed by the Treasurer's office that: 1. That there are presently no special assess- ments levied on the Fourth Addition's properties with the exception of possible pending assess- ments for Kerber Boulevard; 2. that these letters of credit do not include the Fourth Addition; and 3. that the unpaid balance for special assess- ments on the First Addition as of this date is $143,606.62, and for the Second and Third Additions, $340,310.55. Memorandum to D. Ashworth, C. Mertz, J. Orr Page 2 November 18, 1980 In order to respond to the applicant's request, I am requesting your input on this apparent discrepancy between the amounts of the letters of credit and the development items that they are to be covering so that an adequate balance can be maintained at all times. Preliminarily, this office feels that the letter of credit amounts should be sufficient to complete the improvements listed in Section 2.01 and also to assure for the payment of special assessments in accordance with policy. (Referenceismade to Lotus Lake Estates First Addition, wherein sureties were posted in a fractional amount to the total based on the assumption that construc- tion of new units would be continuing throughout the duration of the letter of credit.) Please advise on this matter at your earliest possible convenience. BW.nr ;, Attachment kp November 18, 1980 TO: THE RESIDENTS OF NEW HORIZONS CHAPARRAL 1ST, 2ND AND 3RD ADDITIONS, SANITARY SEWER, WATERMAIN AND STREET PROJECT. SUBJECT: FINAL COMPLETION OF THE PROJECT. The final restoration and clean-up of thisproject is nearly complete. Before issuing final payment to the Contractor, New Horizons, Inc. (Developer) and the City would like to be sure that all residents are satisfied with the clean-up and restoration. Should you have any complaints or recommendations that you feel should be brought to our attention, please contact Lynn Patton at 934-0279, within two weeks of receipt of this letter. Kerber Boulevard is not included in this portion of the subject project and restoration will be done as soon as possible. Thank you very much for your patience and cooperation during this project. Mr. Martini Docherty 6920 Chaparral Lane Chanhassen)-, MN 55317 Mr. Fred Berg 6910 Chaparral Lane Chanhassen, MN 55317 Mr. Michael Ahrens, Jr. 6900 Chaparral Lane Chanhassen, MN 55317 Mr. Marvin Hayes 1071 Chaparral Court Chanhassen, MN 55317 Mr. John W. Bromley 1091 Chaparral Court Chanhassen, MN 55317 Mr. David Drealen 1110 Chaparral Court Chanhassen, MN 55317 Mr. Guy Hoffnagle 1100 Chaparral Court Chanhassen, MN 55317 '- Mr. Robert Herron ' 6880 Chaparral Lane ,Y Chanhassen, MN 55317 Mr. John Ryan 6870 Chaparral Lane Chanhassen, MN 55317 Mr. Randy Erdahl 6850 Chaparral Lane Chanhassen, MN 55317 a !I Mr. Stuart Nelson 6820 Chaparral Lane `i Chanhassen, MN 55317 II ;I II I� Algerone Anderson 6821 Chaparral Lane Chanhassen, MN 55317 Ms. Theresa Horsager 6841 Chaparral Lane Chanhassen, MN 55317 Mr. Mark Myhre 1 6881 Chaparral Lane Chanhassen, MN 55317 Bobby J. Wade 6893 Chaparral Lane Chanhassen, MN 55317 Mr. Daniel Beckman 6895 Chaparral Lane Chanhassen, MN 55317 Mr. Erich J. Weidner 6897 Chaparral Lane Chanhassen, MN 55317 Mr. Donald Best 6-901 Chaparral Lane Chanhassen, MN 55317 Mr. Dewitt Dotson 6911 Chaparral Lane Chanhassen, MN 55317 Mr. Joseph Carbonneau 6921 Chaparral Lane Chanhassen, MN 55317 Mr. Bennett Kelley II Mr. Bernard Brockema 6840 Chaparral Lane '1 991 Pontiac Lane Chanhassen, MN 55317 Chanhassen, MN 55317 I Mr. James D. Laing 7086 Pontiac Circle Chanhassen, MN 55317 Mr. Gary Rodkin 7082`Pontiac Circle Chanhassen, MN 55317 Marcia Berg & Kinberly. Vossl.er 991 Pontiac Lane Chanhassen, MN 55317 Henning & Rhode Box D St. Paul Park, MN 55071 Lee Peterson & Richard Disrud 1005 Pontiac LAne Chanhassen, MN 55317 Karen Valiasek & Patricia Callendar 1007 Pontiac Lane Chanhassen, MN 55317 Scott Berg & Pat Sahli 1003 Pontiac Lane Chanhassen, MN 55317 Larry Jensen 1011 Pontiac Lane Chanhassen, MN 55317 Duane A. Brown Jr. 1015 Pontiac Lane Chanhassen, MN 55317 James L. Syverson 1017 Pontiac Lane Chanhassen, MN 55317 John Linforth 1025 Pontiac Lane Chanhassen, MN 55317 Mary R. Fischer 1027 Pontiac Lane Chanhasser, MN 55317 Mr. Douglas J. Moran 1023 Pontiac Lane Chanhassen, MN 55317 Larry A. Sanders 1035 Pontiac Lane Chanhassen, MN 55317 Daniel A. Swanson 7310 Pontiac Circle Chanhassen, MN 55317 Thomas P. Sullivan 1054 Pontiac Bay Chanhassen, MN 55317 Mr. & Mrs. Paul Engelhardt 1042 Pontiac Bay Chanhassen, MN 55317 i Wm. Vander Aarde 1044 Pontiac Lane Chanhassen, MN 55317 Mr. Randy Krivo 1040 Pontiac Lane Chanhassen, MN 55317 Eric J. Peterson 1032 Pontiac Lane Lassen, MN 55317 { Paul Strot 1036 Pontiac Lane Chanhassen, MN 55317 Terry Frisch 1034 Pontiac Lane ` Chanhassen-, MN 55317 Mark Bentrup 1030 Pontiac Lane Chanhassen, MN 55317 Archie Gross 1022 Pontiac Bay Chanhassen, MN 55317 Lori Steinkamp 1026 Pontiac Bay Chanhassen, MN 55317 Thomas McGinn 7040 Pima Lane Chanhassen, MN Charles Snyder 7044 Pima Lane Chanhassen, MN Sue Ahlbrecht 7034 Pima Bay Chanhassen, MN C. W. Sicheneder 7024 Pima Bay Chanhassen, MN {� Willard J. Freed 7020 Pima Lane I Chanhassen, MN ;i Gregory Butler i 7000 Pima Lane I Chanhassen, MN 1 55317 } 55317 1 l 55317 William S. Nielson & Barbara Maros 7032 Pima Lane Chanhassen, MN 55317 Larry G. Drewianka 7030 Pima Bay Chanhassen, MN 55317 Dennis J. Trainor 7022 Pima Bay Chanhassen,MN 55317 Steven G. Lyneis 7026 Pima Bay Chanhassen, MN 55317 Keith Obermeyer 6972 Pima Lane Chanhassen, MN Raymond Olson 6991 Pima Lane Chanhassen, MN Sandy Parker 7025 Pima Lane Chanhassen, MN 55317 55317 55317 55317 55317 55317 S.D. Bard & M.J. Steyart 7005 Pima Lane Chanhassen, MN 55317 Paul Gessner [ 7035 Pima Lane I Chanhassen, MN 55317 i r f Leigh Colby .7041 Pima Lane i Chanhassen, MN 55317 I I -I I ! William G. Dahlen 1010 Pontiac Lane Chanhassen, MN 55317 I f i - I- 1 I I I N 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 SCHOELL & MAOSON.INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 November 7, 1980 City of Chanhassen c/o Mr. Bob Waibel, L.U.C. P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Chaparral Letters of Credit Gentlemen: With reference to the letter of October 27, 1980, from New Horizons, Inc., and your request, we herein comment on their request for letters of credit reduction. Mr. Frank has gone over the amounts as referred to in the October 27th letter. We are satisfied that their request is in order. Therefore, we recommend approval of the reductions in letters of credit as follows: Chaparral 1 $253,370.00 Chaparral 2 $190,545.00 Chaparral 3 $393,250.00 Very truly yours, SCHOELL & MADSON, INC. JROrr:mkr cc: Mr. Greg Frank, New Horizons, Inc. go @tf x - The plat of Chaparral, sometimes referred to -as Chaparral. 1st Addition, consisting of 95 single family detached dwelling residential lots, and three 4utlots designated as A,B, and C, respectively. Phase II - A term which refers to the plats of Chaparral".2nd Addition, Chaparral 3rd Addition, and Chaparral 4th Addition collec- tively; said three plats being a re --plat of outlo-ts B and C, plat of Chaparral, into 162 building sites as follows: Number. of Number of - Buildings Dwe11ing Units Single Family detached 74 74 buildings 98 Duplexes 49 Quadraminiums 39 156 Total: 162 329 SECTION 2. Public Improvements To Be Installed by Developer 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 improvements in accordance with the preliminary plats described in 112.06 below: 2-.02 Street grading, stabilizing, and bituminous surfacing; Surmountable concrete curbs and. gutters; Sanitary sewer mains; Water mains; Storm and surface water drainage; Street signs; Boulevard sodding or seeding; Driveway surfacing within the public Underground utility lines; and Street lighting. Standards of Construction. street right of way The Developer agrees that all of the foregoing improvements, shall equal or exceed City standards, shallbe constructed and installed in accordance with engineering plans and specifications approved by the City Engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the inspection and approval of the City Engineers. y - 3- - r - D. Easements, The Developer, at its expense, shall acquire all. easements from abutting property owners necessary tok`the installation of the sanitary sewer, storm sewer, and water facilities within Phase I and Phase II, and thereafter shall promptly assign said easements to the City. In addition, the Developer, for itself and for its successors and assigns, agrees to convey to the City at no cost to the City, the easements which are more particularly described on Exhibit B attached hereto and made a part hereof.. 2.07. Boulevards and Driveways _ The Developer agrees to furnish, construct and install.,. at Developer's sole expense, the following improvements for the benefit of each lot within Phase I and Phase II,in accordance with the plats described in 112.06 above: a. Boulevard -sod or seeding, either of which shall_ be of uniformly good quality. b. Driveway surfacing within the. public street right of way, - the materials and installation of which shall be approved by the City Engineers. 2.08. Erosion Control Developer,'at its expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded.areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands, and roads.within and outside the plat during all phases of construction, including construction on individual lots. Developer shall keep all streets free of all dirt and debris resulting from construction by the Developer, its agents or assignees, upon the lands within Phase I and Phase II. 2.09 -Access_. _ Reasonable access, including temporary grading and gravelling, _ shall be provided to all occupied residences in the plat until the streets are accepted by .the City. 2.10Street Lighting r } The expense .cif furnishing electrical energy for street 1 ghtinc purposes shall be assumed.by the City -twenty-four (24) months after completion of installation_ of the street lighting system, or after 50% of the building lots have been improved by the construction of residences thereon, whichever is first to occur. -Each of the four plats described in 111.04 above shall be treated separately for purposes of determining the date on which the City. assumes responsibility for the cost of fur- nishing said electrical energy. _ -6- = - CITY OF 7 l 7610 LAREDO DRIVEOP.O BOX 147SCHANHASSEN, MINNESOTA 55317 (612) 474-8885 October 30, 1980 Department of Housing and Urban Development Griggs Midway Building St. Paul, Minnesota Veterans Administration Fort Snelling St. Paul, Minnesota Re: Chaparral 3rd Addition Gentlemen: , Y! This is to certify that: 1). A letter of credit in the amount of $458,878.00 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 control4'as designated intheerosion 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 hard surface 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 .iori.zon Homes, Inc., fails to complete the improvements described in No. 1, above, by November 1, 1981, 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 has 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 3rd Addition. Sincerely, CITY OF CHANHASSEN By 4as (2, '�% City Manager D• r,,,7,,s.�,_�+eeso.:r?fi-c;:+o��ns.,:s-�.re`�,"'.�-:Tx.S?.�.;,...s,'?l.,•.v.-vg •Z�:�M�!.+�ar `C�"'??sv�"...:v—�--�-, .�,Gn.�%.�c...q,.e.s.-� - _ - - = s^'> CITY OF CHANHASSEN 7610 LAREDO DRIVE • P 0. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel DATE: October 29, 1980 SUBJ: Letter of Credit Reduction Request, Chaparrel Addition PLANNING CASE: P-580 This office has no problems with this request pending rec- ommendation on the amounts by the City Engineer. However, I feel that a certain percentage of the amounts of the sureties should be retained as per the recommendation of the City Engineer to assure guarantee of workmanship according to the development contract requirements. B W , n r /�� NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559.5770 October 27, 1980 Robert Waibel Assistant City Manager/LUC City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Subject: Chaparral Chanhassen, Minnesota Dear Bob: We request reductions in the amounts retained by the City of Chanhassen for the letters of credit on Chaparral in accordance with the following schedule; Project Letter No. Current Amount Work Uncompleted Chaparral 1 34555 $253,370.00 -0- Chaparral 2 36353 $478,345.00 $287,800.00 Chaparral 3 36763 $458,878.00 $ 65,618.00 Request for Reduction. $253,370.00 $190,545.00 $393,250.00 Attached is a more detailed breakdown of the status on the letters of credit. This information is submitted to assist you in evaluating our request. Please advise your consultant, Mr. Jim Orr, to review this request. If you should have any questions, please advise. Very truly -yours/ �•r-�tdrq J. k nk, P.E. Vice President of Land Development GJF/cce Enc. cc: Craig Mertz, Assistant City Engineer Jim Orr, Schoell & Madson, Inc. Ca 3 RECEIVEE) �P- Q4AN44P4MM", tic 7 COL ,r UAN . WRITE 8 7F T. T ir I C�l �47 C) CA tP I "- qvvl" 1- C% i _3s r4l Q71 'Z5- Q3 1 --T-E A> Jl)l I -A Pl- 3C CN - OT ! ' - . la -1�- -ILI --p NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559-5770 October 27, 1980 Robert Waibel Assistant City Manager/LUC City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Subject: Chaparral Chanhassen, Minnesota Dear Bob: We request reductions in the amounts retained by the City of Chanhassen for the letters of credit on Chaparral in accordance with the following schedule: Request for Project Letter No. Current Amount Work Uncompleted Reduction Chaparral 1 34555 $253,370.00 -0- $253,370.00 Chaparral 2 36353 $478,345.00 $287,800.00 $190,545.00 Chaparral 3 36763 $458,878.00 $ 65,618.00 $393,250.00 Attached is a more detailed breakdown of the status on the letters of credit. This information is submitted to assist you in evaluating our request. Please advise your consultant, Mr. Jim Orr, to review this request. If you should have any questions, please advise. Very truly yoursy L41V J.an , P.E. Vice President of Land Development GJF/cc e 'let] e y,?Oj Enc. � cc: Craig Mertz, Assistant City Engineer (10509 �19� Jim Orr, Schoell & Madson, Inc. "LLAM OP MINK. CITY OF GCHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 24, 1988 Cimarron Homeowner Chanhassen, MN 55317 Dear Homeowner: This is to confirm that on August 22, 1988, the City Council approved to add an addendum to the development contract for the Chaparral quad units which would allow decks to be located within the front yard setback without receiving a variance subject to the following conditions: 1. The deck cannot extend frog the building further than 10 feet. 2. The deck must maintain a 20 foot front yard setback. 3. The deck must be constructed to the 10' x 20' dimension. 4. Decks that meet the above three conditions could be approved administratively with a building permit application without having to receive a variance. Should a deck not meet any of the above conditions, they would have to go through the variance procedure. This includes decks that are proposed at 10' x 10' dimensions. Should you have any questions, please feel free to contact me. Sincerely, Jo Ann Olsen Assistant City Planner JO:v �A I I ol!9 �Ooo CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 24, 1988 Cimarron Homeowner's Association Ms. Darlene Loving 7112 Pontiac Circle Chanhassen, MN 55317 Dear Ms. Loving: This is to confirm that on August 22, 1988, the City Council approved to add an addendum to the development contract for the Chaparral quad units which would allow decks to be located within the front yard setback without receiving a variance subject to the following conditions: 1. The deck cannot extend from the building further than 10 feet. 2. The deck must maintain a 20 foot front yard setback. 3. The deck must be constructed to the 10' x 20' dimension. 4. Decks that meet the above three conditions could be approved administratively with a building permit application without having to receive a variance. Should a deck not meet any of the above conditions, they would have to go through the variance procedure. This includes decks that are proposed at 10' x 10' dimensions. Should you have any questions, please feel free to contact me. Sincerely, Jo .Ann Olsen Assistant City Planner JO:v MEMORANDUM CITY OFj4` CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 �` 'i"l A?!MIK3tra& Modirie� Rejectzr�_ TO: Don Ashworth, City Manager batf- Dete Submitted to Corrrnisseon FROM: Jo Ann Olsen, Asst. City Planner ?-J1- tk ABC SuCRI;,t°U DATE: August 18, 1988 ..1 Li;UflCl! SUBJ:• Discussion of General Conditions for Decks Located in the Chaparral Quad Units On August 8, 1988, the Board of Adjusments and City Council reviewed a variance request for a deck to be located in the front yard setback in the Chaparral quad units (Attachment #1). A variance to the front yard setback was approved but the Board of Adjustments and City Council did not want to permit amending the PUD development contract to permit Euture decks on the quad units which would also be within front yard setbacks without having to receive a variance. The Board of Adjustments and Appeals and City Council felt that they wanted to review each variance request on a case by case basis. Staff suggested at that time that staff provide general conditions for future decks on the quad units. The only housing units which will require front yard setbacks for the location of decks are the quad units. Each deck permit also has to receive permission from the Cimarron Homeowners Association in addition to city permission. The Cimarron Homeowners Association will only permit a 10' x 10' or a 10' x 20' deck to be constructed on the quad units. Therefore any future decks that will be requested will only extend 10 feet out from the quad units. Since any future deck requests as part of the Chaparral quad units will have to meet the standards of the Cimarron Homeowners Association, all of the future variance requests will be similar. Staff feels that if any future variance requests are identical to the previously approved deck variance that the Board of Adjustments and City Council will have a difficult time in denying future variance requests. Further, as a "variance" application, the test of hardship must be proven. Given the history of this issue, it would be more time and cost efficient for both the Council and homeowners for the city to adopt general guidelines as part of a PUD contract. (The cost to each future applicant for the variance would be the $75 application fee plus the cost of receiving the property owners list which will pro- bably average from $200 to $250.) Mr. Don Ashworth August 18, 1988 Page 2 Staff is therefore proposing that the City Council adopt general guidelines for which future decks in the quad units must meet prior to receiving a building permit and if these conditions are met then a variance would not be necessary. These general guide- lines could be adopted by the City Council as part of a PUD contract. Since the farthest out the deck would be permitted by the Cimarron Homeowners Association is 10 feet, staff is recom- mending that any future decks for the quad units be limited to extending 10 feet from the building. Also, in order to maintain an adequate front yard setback, staff is recommending that the proposed deck could not exceed more than 10 feet into the 30 foot front yard setback. This condition would maintain a 20 foot front yard which is consistent with developments such as Fox Hollow. The only other options the City Council could adopt would be to amend the Zoning Ordinance so that Chaparral quad unit decks would have a reduced setback or to have the remaining deck requests come in under one variance application. Staff does not recommend amending the Zoning Ordinance to accommodate one speci- fic issue. To require all of the future deck variances to come in at one time would be difficult, since not all know if they want a deck and do not have site plans. If the City Council decides to require variances for future decks they may be tempted to remove the application fee. Staff does not recommend removing the fee since the variance still requires "hard costs" such as public hearing notices, legal ads, and staff time including both secretarial and planning staff. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council adopts a PUD contract for the Chaparra quad units which would permit decks to be constructed 10 feet out from the building and maintain a 20 foot front yard setback." If the PUD contract is not approved, then the City Council should adopt the following general guidelines for future quad unit decks: 1. The decks cannot exceed 10 feet from the building. 2. A 20 foot front yard setback must be maintained. ATTACHMENTS 1. Board of Adjustment minutes dated August 8, 1988. 2. City Council minutes dated August 8, 1988. BOA Minutes August 8, 1988 Page 2 Mr. Nelson asked whether or not the garage could be attached. Geving said yes. Watson stated that she would prefer the 30 foot front yard set- back to be maintained. Mr. Nelson stated that he needed a 28 foot front -yard setback if the garage to be attached. Geving stated that staff had stated in the original report that the garage could meet the 30 foot setback and that there was not any site constraints which would make it so the garage could not meet the 30 foot setback. Geving amended his motion to allow only the 3 foot side yard variance and not a front yard variance with the 2 conditions. Johnson seconded the motion. All voted in favor and the motion carried. Bill Boyt asked the Board if they would waive the $75 permit fee since it was a reapplication. Geving moved, seconded by Watson, to reimburse the $75 permit fee and that this be done with other reapplications. All voted in favor and the motion carried. Front Yard Variance for the Construction of a Deck, 7200 Pontiac Circle, Kathryn Hedlund Olsen presented the staff report. Watson stated that she was upset that the existing decks had been allowed to be constructed within the front yard setbacks. She stated that when the Chaparral PUD was approved, it was clear that no variances would be permitted and that people had worried that the proposal would not meet the city requirements. She also stated that she was not in favor of amending the development contract to permit the other decks to be located within the front yard setback and felt that any additional decks located within the front yard should be reviewed by the Board of Adjustments on a case by case basis. Geving stated that when the PUD was approved, there were to be no variances, but that he finds it hard to deny the proposed variance since there are existing decks within the front yard setback. Geving also stated that he was not in favor of amending the contract and would prefer to keep it a case by case review for any additional variances. He stated that he was in favor of granting the variance. BOA Minutes August 8,1988 Page 3 Johnson stated that he was not in favor of amending the develop- ment contract and was upset that there was so many other viola- tions with existing decks. Darlene from the Cimarron Homeowners Association stated that the homeowners association only allows a 10' x 10' or a 10' x 20' deck and stated that they wished the city would allow future decks to be permitted without a variance. Geving stated that staff will send the Cimarron Homeowner's Association information on what is permitted for decks to meet the setbacks. Darlene asked if the new applicants would have to incur the variance application fee and expense for the property owners list. Geving stated that he could not answer that because it is a new subject and would have to be discussed by the Board of Adjustments and City Council. Geving moved, seconded by Johnson, to close the public hearing. Geving moved, seconded by Johnson, to approve the front yard set- back variance for the deck with no conditions. Geving and Johnson voted in favor. Watson was opposed. Motion did not carry. It was explained to the applicant that they would be heard by the City Council this same evening. Bill Boyt suggested that the item be placed right after the con- sent agenda. Geving moved, seconded by Watson, not to accept staff recommen- dation of amending the development contract. Approval of Minutes Geving moved, seconded by Watson to approve the minutes of July 25, 1988 minutes as written. All voted in favor and the motion carried. Watson moved, seconded by Johnson to adjourn the meeting. All voted in favor and the motion carried. City Council Meeting --)I ugust 8, 1988 t � ■W& ti FRONT YARD SETBACK VARIANCE REQUEST, 7200 PONTIAC CIRCLE, KATHRYN HEDLUND. Councilman Geving: I'd like to start this and suggest that we got the staff report from Jo Ann in a summation of our Board of Adjustments and Appeals. Jo Ann Olsen: What happened is the applicant is applying for a deck on one of the Chaparral quad units. When we reviewed the site plan we found it was in the front yard setback and required to go through the variance procedure. We found that almost all of the other quads in that area do have existing decks within the frontyard setback. We couldn't find anything in the development contract for a reduced setback for a deck. A lot of them did not have building permits or else had been built as part of the quad when that was constructed. Therefore, we were uncomfortable of recommending denial of this deck since almost every other quad had it. Staff did make a recommendation to amend the development contract to allow a reduced setback for the decks because there are existing retaining walls and the decks are just going out as far as those, not retaining walls but dividing walls. We felt that that would resolve any future requests for the decks. It would appear that in the past that they had been approved without receiving variances and we just wanted to somehow clarify the matter for when future deck permits came in rather than requiring them to go through the variance procedure since obviously nobody else has. The Board of Adjustments recommended approval of the variance but did not feel that an amendment to the development contract should be approved or that any other additional deck should have to go through the variance procedure also. They also discussed reimbursement for the building permit fee. Councilman Geving: I think that's not correct. I recommended approval and I made a motion to approve this particular item and it was denied. The vote was 2 to 1 to deny this variance request and to pass it onto the Council for consideration. Councilman Horn: What was the recommendation on the development contract? I mean from the Board. Is that what the negative motion meant or the negative motion suggested... Jo Ann Olsen: No, they made two motions. It was 2 in favor and 1 against the variance so the Council would approve it and then they did recommend denial of any amendment to the development contract. Councilman Horn: Unanimously? Councilman Geving: Yes. And the reasoning there, if I can interject, we felt that since the possibility of 15 quad units that could come in for a variance, we didn't want to automatically, with a carte blanche amendment to the PUD give everybody a chance to build a deck. For one reason, this particular deck is to x 20. There could be any number of decks and any number of different sizes. The Board felt that as a variance committee, the Board of Adjustments and Appeals should look at every variance process and let each one of them come to us and vote on it as a case by case basis. I believe that really would have been the best way to go and still recommending that. That was the reason we voted down the staff's recommendation. Councilman Horn: Why wouldn't the others require a variance? 15 City Council Meeting - August 8, 1988 Councilman Geving: Good question. They never came before the Board of Adjustments and Appeals. Our inspectors never caught them and then too, I thin there's some confusion in the quad units themselves. Their own Board has more or less over the years recognized that some of these were built by the developer and I think there was some assumption that it was okay to have decks so they continued to build decks and the inspectors never caught them. So this is really the first case that's come before the Board of Adjustments and Appeals requesting a variance. Councilman Horn: I remember when this issue came before the Council and I remember that Councilwoman Watson voted against it for this very reason. She says I don't want to approve a development that's going to lend itself to all kinds of variance requests. That's exactly what we've got here. I totally agree with not going along with the development contract. Mayor Hamilton: I don't think we, Councilperson Watson was on the Council at the time that this development was approved. She had nothing to do with it. Councilman Horn: She might have made the statement on the Planning Commission. Mayor Hamilton: She might have talked about it further on down the road when they were doing some twin homes over there but she had nothing to do with the quads. Not a thing. They were all done. That was a long time before you and I were on here. Not a long time but a year before. This has been 9 years ago. It seems like it's probably some miscommunication between the developer and the City since most of those quads were built with the sliding glass doors and some of them were built with decks on them as they built them. There were very few of then that were built with a window in the particular spot where the glass door would go to go out to the deck. Actually, those units look the a of them is much better with the 10 x 26 deck than it is without. � Some off thosee units have put on like a half a deck, 10 x 10 or something. Not that makes it. look awful. That doesn't look good. It detracts from the Propertywhen ou put a deck on, the way it appears those buildings were builtt tohavebatdeck put on them, it looks very nice. The half decks, as I call them, I don't think they're, in my opinion, they're not nice appearing. They don't add to the property at all but the full decks do. Councilman Horn: Do they need a variance? So they all need variances regardless of whether it's 10 x 10 or 10 x 20? Jo Ann Olsen: Right. Mayor Hamilton: But see when they built those, there was kind of a dividing wall that they built with each building where it was obvious if you put a deck out, you didn't interfere with your neighbors site. You weren't looking into theirs and they weren't looking into yours so it seemed rather obvious what they were attempting to do at the time they built them. It just wasn't caught. Councilman Johnson: I'd like to ask staff, is that dividing wall that the Mayor just mentioned, is that on all the quads that are out there? Does that extend lg foot into the existing setbacks so we have every one of those homes existing non -conforming with the development contract? I 6. 16 � ,-D Council Meeting August 8, 1988 nn Olsen: Some of them don't have the dividing walls. :i.lman Johnson: What about this particular one? Mayor Hamilton: The only ones that I've seen that don't have it are those that are.on the back side. Any of them that face the street have it. Councilman Johnson: All of them facing the street have that extending into the frontyard setback. Contractor for Applicant: That particular wall, if I'm not mistaken, extends 12 feet from the permanent structure, not 10. Basically the design for those is to set an angular divider wall from the top of the existing divider wall as privacy to the other side. On that particular building we're building on the back side and the request by the Homeowners Association to make an alternate —was a consideration... Councilman Johnson: So what we've got is a structure that is currently non- conforming because it extends 12 feet into, or whatever feet into the setback and what's being requested is a deck not extending as far into it as what is existing extending into it. To me, I kind of agree with Tam on this one, is that we let the horse out a long time ago and now we're trying to close the gate. I think that's an old saying of some sort. I don't know what it means but, in this case I think I'd like a little more review but I kind of favor a carte blanche with certain restrictions that a deck can not extend more than 10 foot out and it has to have this dividing wall and that it meet certain design criteria. The developer, I don't know what recourse we have against the developer. Whoever built those houses in the first place, built a whole bunch of non -conforming. Councilman Horn: what you're saying is we should encourage future developers to violate their development contracts so we come along afterwards and say it's okay? Councilman Johnson: It's no longer the developer there. Now we're going after the homeowner and that's not fair. Can we go back after the developer for a violation of his development contract at this point? Is the developer still in business? Mayor Hamilton: Maybe it wasn't the developer. Maybe it was our inspector who didn't do the job. What are you going to do then? Councilman Geving: I think it was our inspector. Councilman Horn: He didn't catch them. Mayor Hamilton: Maybe it was the Council who didn't catch it when they were looking at the development contract. Councilman Johnson: How about this licensed surveyor that did a survey that doesn't show that wall either? I mean here we've got a house. I wonder what the Board of Surveyors or whatever they're called would think of a surveyor that doesn't catch a 12 foot long wall. 17 -City Council Meeting - August 8, 1988 Councilman Boyt: How many quad homes are out there? Darlene Loving: 156 units. Councilman Boyt: 40 then about. Darlene Loving: 40 quards, correct. And that does not include the twin homes that are down the block in Chaparral. Councilman Boyt: How many have decks? Darlene Loving: All except 15 and most of those were, I am a board member and a relatively new board member of the association. Since I've been on the board, prior to Kathryn Hedlund's wanting approval for a deck, one other homeowner last year at 1016 Pontiac received a permit and was not required to get a variance. Now prior to my being on the board, I would say over three -fourth's of those decks that are on there were built by New Horizon at the time of this development. Councilman Boyt: I would ask the Attorney, does the City have any opportunity to take action against New Horizon? Roger Knutson: I'd really have to look into that. I don't know what the development contract states. I would have to examine it in my office. Councilman Boyt: If one of these decks was approved, given a building permit last year, as is indicated, I'd like to know if that City Inspector is still with us and if that inspector is with us, I'd like that person to get a letter in their file indicating that they have not carried out their duties. I think another thing that comes through here very clearly is the inspector may have had a very good reason for not carrying out his duties and that's the fact that we are working them way too hard. They don't have time to take the serious look that these things deserve. I would like to see this deck approved. with 141 decks approved, it's too late to stop it, as Jay indicated and I would like to see the Attorney directed to investigate the potential for the City to take action against New Horizon because I think if we don't, we are basically saying to developers, do anything you want. My third point would be that a letter go in the file of the inspector, if they're still with us, indicating that we expect more diligence. Mayor Hamilton: I would second your motion without the last item on there. I don't know if we can determine that the inspector is here and I don't know that it's appropriate because one was missed to chastise him and 130 others have been built. I think there needs to be a lot of investigation before and I'm not sure that it's worth it. Worth the staff time to go through all the files and figure out who screwed up what and when and why and where. Councilman Johnson: We should chastise the City Manager and let him chastise his employees. Mayor Hamilton: I think the City Manager has the message and they'll discuss it with the staff so these types of things don't happen in the future. 18 �:ity Council Meeting - —Nust 8, 1988 Councilman Boyt: I am alright with withdrawing that as long as everybody understands that we are accountable and that means that staff has to do their � job. Councilman Geving: I would like to replace that one with a memorandum from our staff to the Homeowners Association advising them specifically of our rules and regulations regarding the addition of decks. When you need a variance. When you don't because I'm quite certain after talking with Darlene earlier that there is a lot of confusion over the last 8 or 9 years that this thing has carried on from one board member to another and there's been some assumptions made. This way the staff can give them exactly what our ordinance requirements are so they can pass that on to their homeowners and more specifically to these 15 that are still out there and are potential variance cases. I'd like to replace your item 3 with that suggestion. Mayor Hamilton: Probably within your letter, encourage them to put the full sized deck on. If anybody else puts a deck on, make it the full size rather than the half decks that do not do anything for the property. Councilman Johnson: I'd like to suggest a fourth. That we waive the fee on this particular permit as far as the variance, $75.00 variance fee that she paid because like you said, 141 have gone before without paying the $75.00 for the deck. It doesn't seem entirely fair to me to have her pay her $75.00 fee here. She's already gone through with her title searches and the other things to find all of her neighbors within 500 feet and notify them of this. In the quad homes, all the neighbors is a lot of neighbors within 500 feet. I think she's gone to a lot more than expense than that is. It's the least we could do. Councilman Boyt: You make a good point except that that's what a variance fee is about is the staff time to investigate. I grant you that here are apparently about 140 people out there that didn't pay the $75.00 but staff did put the time in to investigate and it was... We've kind of drawn our line in. the sand and said we're now aware of it and people who go forward, are you going to relax this fee for the next 15 people who come in and apply? Councilman Johnson: I'd like us to review whether we have to, for those next 15, whether we should give those 15 certain specifications of carte blanche variance to say okay, if you build such and such a deck under such and such a standards, this can become almost an administrative variance. It comes before the Board and here's the standards for this variance. If you meet these. All staff has to do is compare against those standards. Councilman Boyt: We can't do that. Councilman Geving: No, I don't agree with that at all. I think that's why we have the Board of Adjustments and Appeals. Councilman Johnson: These could be guidelines to the Board of Adjustments and Appeals on what we want to see for the next 15 decks so there won't be any staff time for those. So we'd be able for the next 15 also... Councilman Geving: But they do have to come before the Board. Councilman Johnson: We've wasted more than $75.00 over arguing over it. 19 City Council Meeting - P list 8, 1988 '1 Contractor for Applicant: The $75.00 went for the application for a variance. She also had to incur $250.00 and that's just getting a list of the homeowners right in that particular area. That's between the $75.00, plus the $250.00 added to the time I've spent waiting and she's been waiting just to try and get some kind of straight answers as to whether or not she's going to be able to get a permit okay. That's where we're kind of asking that maybe this permit be okayed free of cost to the homeowner. Mayor Hamilton: I don't know where you went to spend $250.00 that you could have done a lot less expensive I would thing. Contractor For Applicant: We were not told of any other way other than to go down, I believe it's Carver County Abstract Company and they charge through the nose. Barbara Dacy: Maybe what we could do is I'll bring back, I understand your motion is to approve the variance but maybe at the next meeting bring back, or at a future meeting, bring back an option for the Council to consider to standardize looking at this request. I can appreciate your concerns to keep a handle on these but to maybe address the homeowner's concerns, maybe we can call it a site plan review and not necessarily a variance that requires a public hearing because it is an unenclosed deck. We can standardize the setback and so on. It might make your job easier and easier on the homeowner. Councilman Horn: Have we set a precedent that 10 years from now the last one comes in and everybody's forgotten about this and you have to go through and rehash the whole thing again. Mayor Hamilton: Did you want to add that condition to your motion that the $75.00 forgiveness? You did not. Councilman Boyt: Sorry. I think on the one hand, I'll add it if we right now say we're going to forego it for the next 15 people who come in here and not charge them as any fee. I can see it as one lump but I have real problems if staff is going to put some time in, that we need to be reimbursed as a City. We don't need to have everybody subsidizing someone's request for a variance. Councilman Johnson: We made the same recommendation earlier this evening, in fact you made it, for the people before and staff put time in on that one. Well over the $75.00. We published. We went to the newspaper and paid for publishing in the newspaper. We made the same recommendation to that person. It was slightly different circumstances. Councilman Boyt: Quite a bit different circumstances. Councilman Johnson: I don't see, these people paid $325.00 so far, more or less. Can you see if 15 more times? Mayor Hamilton: I will then, would like to add a condition to your motion that any of the other quads in that development not be charged $75.00 variance fee. Councilman Boyt: I'll accept that. 20 -ity Council Meeting - lgust 8, 1988 Councilman Geving: I feel very, very uncomfortable. I agree with what you just r� said in adding that condition but I think it's very unfair to Kathryn Hedlund who spent all the time and effort in this test case, not to waive the $75.00 permit fee. Councilman Johnson: It's for her too. Councilman Boyt: That's what we're doing. For everybody. Councilman Geving: Okay, but I just heard a big objection. Councilman Boyt: Only if we do it for everyone. Councilman Geving: Okay, if it's for everybody, then we're in favor of it. That's fine. Councilman Boyt moved, Mayor Hamilton seconded to approve the front yard setback variance request for Kathryn Hedlund at 7200 Pontiac Circle with the following conditions: 1. Direct the City Attorney to investigate the potential of the City to take action against the developer, New Horizons. 2. Staff write a memo to the Cimarron Homeowners Association informing them of the City's rules and regulations regarding the addition of decks. 3. That the $75.00 variance request permit fee be waived in this case and in the 15 possible future variance requests as well. All voted in favor and the motion carried. PUBLIC HEARING: REALIGNMENT OF NEAR MOUNTAIN BLVD./PLEASANT VIEW ROAD INTERSECTION. Public Present Name Address Greg Cray 320 Pleasant View Road John Nikolai 608 Pleasant View Road Herb Kask 115 Pleasant View Road Jim Wehrle President, Near Mountain Homeowners Assn. Jim Meyer 6225 Ridge Road Ken Wengle Near Mountain Blvd. Mike Pflaun Lundgren Bros. Larry Brown: On 2/27/88 the City Council directed staff to prepare a feasibility regarding the possibility of realigning Near Mountain Blvd. with k Pleasant View, Road. At that time the City Attorney was asked whether this intersection constitutes a liability or not and the question was posed back, can a design vehicle make it around this corner safely. Staff has analyzed this 21 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 3, 1985 Mr. Thomas Gastler New Horizon Homes, Inc. P.O. Box 1367 Minneapolis, MN 55440 Dear Mr. Gastler: This letter is to confirm that on July 1 the City Council approved a revision in the Third Amendment of the Chaparral Dev oe ent Contract dated February 27, 1984. The.revision inv changing the date in Section 5 from July 1, 1985 to July 1, 1986 based on the following two conditions: 1. Payment of all delinquent taxes and assessments for New Horizon's property in Chaparral (including first half payment for 1985). 2. Extension of Letter of Credit No. 36763 in the amount of $350,000 until August 1, 1986 so that final compliance can be verified prior to letter expiration. Upon compliance with these conditions, the contract will be considered amended. Should you have any questions or wish to discuss the matter further, please let me know. Sincerely, William Monk City Engineer WM:v CITY OF �g-1 CHANHASSEN p"° 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Asst. City Planner DATE: August 24, 1988 SUBJ: Addendum to Chaparral Development Contract for Decks on the Quad Units On August 22, 1988, the City Council established guidelines to permit decks on the quad units in the Chaparral PUD to be located within the front yard setback with the following conditions: 1. The deck cannot extend from -the building further than 10 feet. 2. The deck must maintain a 20 foot front and rear yard setback. 3. The deck must be constructed to the 10' x 20' dimension. 4. Decks that meet the above three conditions could be approved administratively with a building permit application without having to receive a variance. Attached is an addendum to be added to the development contract file for the Chaparral PUD. $ DAVID L. GRANNIS - 1874-1961 DAVID L. GRANNIS, JR. - 1910-1980 VANCE B. GRANNIS VANCE B. GRANNIS, JR. PATRICK A. FARRELL DAVID L. GRANNIS, III ROGER N. KNUTSON LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON PROFESSIONAL ASSOCIATION TnECOPIER: POST OFFICE BOX 57 (612) 455-2359 403 NORWEST BANK BUILDING DAVID L. HARMEYER ELLIOTT B. KNETSCH 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER SOUTH ST. PAUL, MINNESOTA 55075 TIMOTHY J. BERG TELEPHONE (612) 455-1661 August 31, 1988 Ms. Jo Ann Olsen Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Chaparral & Chaparral 2nd, 3rd, and 4th Additions Dear Jo Ann: Pursuant to your request, enclosed please find revised Addendum to Planned Residential Development Contract which specifies that decks can only be constructed on quadraminium lots. Please call if you have questions or comments. Very truly yours, ATNIS ON, FARRELL & KNUT ON, P.A. Roger N. Kn---u tson RNK:srn Enclosure r... i=l,it D SEP 21988 CITY OF CHANHASSEN ADDENDUM TO PLANNED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF CHAPARRAL AND CHAPARRAL 2ND, 3RD, AND 4TH ADDITIONS WHEREAS, the City has 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, it was implied in the approval of the development that decks on quadraminium lots could be constructed .within front yard setbacks. NOW, THEREFORE, be it resolved by the Chanhassen City Council: 1. Decks may be constructed in the development of the quadraminium lots which encroach upon the required front yard setbacks without a variance subject to the conditions set forth herein. 2. Decks constructed pursuant to this Addendum are subject to the following conditions: a. The deck cannot extend from the building farther than ten (10) feet. b. The deck must maintain a twenty (20) foot front and rear yard setback. C. The deck must be constructed to a maximum 101x20' dimension. d. Decks that meet the above three conditions shall be approved administratively with a building permit application without having to receive a variance. ADOPTED by the City Council of the City of Chanhassen this day of , 1988. CITY OF CHANHASSEN BY: ATTEST: Don Ashworth, City Manager Thomas L. Hamilton, Mayor -7 r .• City Council Meeting agust 22, 1988 Phil Mathiowetz: I'll apply in April again. Councilman Boyt: I'm not holding you at all responsible for `z. I think that's the City's responsibility and we didn't follow through wt and I think you should be approved for a permit between now and next April. Councilman Geving moved, Councilman Johnson seconded to approve _.he request for Kennel Permit for Phil Mathiowetz at 1630 Lake Lucy Road up to =cril, 1989. All voted in favor and the motion carried. ?. DISCUSSION OF DECK REQUIREMENTS FOR CHAPARRAL QUAD -UNITS. Mayor Hamilton: Jo Ann, we had asked you to bring this back as with some, in fact I think we made a motion dealing with some of the things _.at I thought you had put in your recommendation like still charging $75.00. I --'.ink we had said two weeks ago that we didn't want people to be charged for tha=, as I recall. Since no one else had been charged, we said no one will be charmed from hereon. I must have misread it. The size of the deck was my only other concern. It seems like we should say the size of deck, if you're going to �-L one on there is going to be so big and not give them a choice. It's got tc 'be the full width of the unit, however far out they've been making them so it's about the same as the rest of them. But you know there are some that are like _= nalf a deck. I think it looks like heck. We shouldn't allow those to be bui_ _. They should make it the full width. They look nice. They do a nice job cr those. Councilman Geving: I think Tom the real issue is that the deck- shouldn't extend more than 10 feet into the variance area, the sideyard or fron7 and or whatever the variance position is so that it doesn't exceed more than feet. We don't care about the size of the deck. Mayor Hamilton: I do. Councilman Geving: The Cimarron Homeowners Associations can _=ntrol that anyway. Mayor Hamilton: But if we tell them that we want to see just -ill width decks, it looks much better. Councilman Geving: I hope that they do put a full width but -`_n only concerned, personally from a variance standpoint, not exceeding 10 feet ----to the variance area. Mayor Hamilton: That's fine. For aesthetic reasons, if we mace it he full width, that would be much better for the whole neighborhood iS what I'm saying. Did you have anything you wanted to add? Jo Ann Olsen: We came up with general guidelines on what we wanted. Are you saying that you still want each one to come in separately? T!-�-n you're also saying that any deck that does come in would have to be 10 x 67 City Council Meeting st 22, 1988 ct Mayor Hamilton: I think that's a good idea. I don't know what the rest of the Council things but I would. Councilman Horn: I disagree with that. I think it's a good idea that everybody should have a double car garage too but we can't legislate that. Councilman Johnson: I like large numbers on the house too. Councilman Boyt: We can require all that if we want to. Mayor Hamilton: That's a totally different issue. A double car garage, we're just talking about a stupid little deck. Councilman Geving: What's wrong with this recommendation that you're providing here? 1 and 2. The decks can not exceed 10 feet from the building and a 20 foot frontyard setback must be maintained. Three, administrative approval with no variance procedure and that there will be no cost to the applicant. Councilman Horn: It doesn't do what Tom is suggesting. Councilman Geving: No, but it does what I want and that's to resolve the problems on these quads once and for all. Councilman Boyt: The Board of Adjustment and Appeals had a different opinion Mr. Geving. Councilman Geving: I understand that. Councilman Boyt: And I anticipated that you might represent them. They indicated that they wanted to see all these variance requests. That they felt it was important that they review them and that there should be at least a charge sufficient to cover for the posting of these in whatever the official newspaper is at the time. I think that since they're the body that handles this, we should support their request here and require a fee large enough to pay for the public notice of the variance request and require that. I don't think they intended for the person to go through the $200.00 expense of identifying all their neighbors and sending a mailing to them but a nominal expense and giving the Board of Adjustment and Appeals the opportunity to review these. Mayor Hamilton: Gee and you were the one that wanted to waive all the fees. Councilman Boyt: I know. I changed my mind. Councilman Geving: How could you flip flop in two weeks? Councilman Boyt: I listened to them. Councilman Geving: You listened to them? Councilman Johnson: He listened to you. Councilman Geving: You listened to me and now you're flip flopping. I don't understand your statement at all. I don't represent the variance board. I represent one person's opinion on this Council and I think the proposal that was {, .City Council Meeti.n^��ugust 22, 1988 set for us tonight with two options and I added a third, will resolve this matter. If you want to add a cost to it, that's entirely up to the Council. Councilman Johnson: I would like to see the Association permit or request a change to the PUD contract because we're requesting a change to somebody else's PUD contract without anybody having anything to do with the PUD contract requesting the change themselves. I think the more appropriate route would be for the Homeowner's Association to request that. I do believe that we should then hold a public hearing. Mayor Hamilton: Why do you need to complicate a very, very simple issue? I don't understand this. Councilman Johnson: We're eliminating 15 public hearings by having one. I don't know if we can change a PUD contract and a whole PUD without going through some process. Barbara Dacy: Staff felt an equal responsibility about this whole issue because of the history involved and how the decks got built. The addendum to the existing development contract will have to be approved by Council. We'll put it on the Consent Agenda but our main object here is, while I appreciate the Board of Adjustment and Appeals wanting to see each and every application, we're basically talking about the same type of setback and we can save everybody time and money becauase it takes time to make these legal ads and notify 500 people around a very dense development. We felt we could accomplish this fairly expeditiously. Councilman Johnson: I want to do it once for the remaining 15. Get it off the books. Get the remaining 15 of these done. Barbara Dacy: One of the options was to have a blanket public hearing for the remaining 15 lots in the Chaparral PUD. Councilman Johnson: Yes, I guess we have an applicant more or less but the Homeowner's Association is saying they would like this and we would hold it and since the City I think is at fault here, to a point and some previous city employees were granting a lot of decks that didn't meet this in the past, that we should make the public notice this one time. Barbara Dacy: And know that we have no idea whether these 15 other people even want that. Councilman Johnson: I still think that has to go onto, the easiest way is into the PUD contract. I'm not sure what kind of notice we want on that. Barbara Dacy: I think the Homeowner's Association is going to appreciate anything... Councilman Geving: Mr. Mayor I'd like to make a motion on this. I would like to make a motion for approval of the decks located in the Chaparral quad units for the remaining 15 units and the 3 conditions, actually 4 conditions that I am going to add to this is that the decks can not exceed 10 feet from the building. That there will be a 20 foot frontyard setback must be maintained. That these applications will be administratively approved by staff and will follow no C:�%] City Council Meeting - �1ist 22, 1988 formal variance procedure. Fourth, we will attach a $25.00 application fee for this process. Councilman Horn: Second. Councilman Boyt: I have a question. Councilman Geving: I added the $25.00 because that did come out of the discussion that we had earlier with the Board. We agreed that there was some cost in processing these and others like them. I believe that at least some costs should be attached to this. There is some research and you've got to remember now, the action we're taking tonight might be in existence for an awful long time. Even well into years to come before those 15 ever come before us as a city. Councilman Boyt: I'm going to amaze you again Dale but stated that way, I would say that we shouldn't charge the $25.00 fee because there isn't any unusual activity going on here. We're not publishing it in the newspaper which is what the Board of Adjustment and Appeals was using to justify their $25.00 fee. And we just two weeks ago granted the opportunity for people to bring projects to the City that were under $2,000.00 and have them reviewed for free. I don't think we should turn around and say to these people, you now have to pay $25.00 because you happen to live in Chaparral. Councilman Geving: The fee is conditional. We did talk about your time Jo Ann. Jo Ann Olsen: I think what we talked about was that it... Councilman Geving: So your time would be extremely minimal? Jo Ann Olsen: Yes. Just like any other building permit. Councilman Geving: I'd like to amend my motion then to delete the $25.00 and state that there would be no cost for this application. Councilman Horn: I'll amend my second. Councilman Boyt: I'd like to move to amend your motion again because I think the city is going out of it's way to do these people a favor in an area that we never intended to have them pursue in the first place. I think given that special condition, it would be appropriate to say what size deck we want to have so I would support Tom's request that we tell them the decks must be 20 feet wide. Mayor Hamilton: I'll second your motion. Councilman Geving: I have to ask, can we still get a 20 foot frontyard setback if we allow a 20 foot? Jo Ann Olsen: Width. Councilman Geving: Then I have no problem. City Council Meetirn"-Nugust 22,.1988 Councilman Johnson: I don't like placing Tom's taste on other people. I like the 10 foot deck myself. Mayor Hamilton: Well, you go out there and look at them and tell me that the 10 foot looks better than a 201. Councilman Geving moved, Mayor Hamilton seconded an amendment to the motion to amend condition 1 to read, the decks cannot exceed 201 feet from the building. All voted in favor except Councilman Horn and Councilman Johnson who opposed and the amendment carried with a vote of 3 to 2. Jo Ann Olsen: If somebody comes in with a 101 x 10, do they have to have a variance? Councilman Geving: I would say yes based on what we just passed. Councilman Geving moved, Councilman Horn seconded to approve the decks located in the Chaparral quad units for the remaining 15 units with the following conditions: 1. The decks cannot exceed 20 feet from the building. 2. A 20 foot front yard setback must be maintained. 3. The applications will be administratively approved by staff and will follow no formal variance procedure. 4. There will be no fee charged for these applications. All voted in favor and the motion carried. Councilman Boyt: I have a question on this now that we've passed it. I'd like to see if we can take action against the developer. Jo Ann Olsen: I asked Roger about that, he said it would be difficult. Councilman Geving: These were built in 1979. Jo Ann Olsen: It's under different ownership now. Mayor Hamilton: Yes, the people who built them went bankrupt. Pat Farrell: You've got two problems. Statute of Limitations and... Councilman Johnson: I don't like seeing and continuing to see violations occur and then afterwards we approve them and not take any action. In this case, because the Statute of Limitations and the previous owner went bankrupt, there isn't anything to do but we do need to get tough on our ordinances eventually. 71 i July 27, 1994 s CITY OF � Y CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 Mr. Steve Madrinich, Association Manager New Concepts Management Group, Inc. 3259 Terminal Drive, Suite 205 Eagan, MN 55121 Re: Chaparral Development, Quad Unit Decks Dear Mr. Madrinich: In reviewing the deck building permit for 1021 Pontiac Lane, I discovered that the dimensions proposed, 12' x 20', exceeded the required setback by 12 feet. The existing deck is nonconforming and as such may remain as is without any action. Section 20-72 (a) of the City Code states: "There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity." In reviewing the file on this development, I found an addendum to the development contract which requires decks to extend no more than 10 feet from the structure, permits quad decks to be within 20 feet of the front or rear property lines and requires decks to be constructed to the 10' x 20' dimension. If the building permit is revised to meet these requirements, I will be able to sign off on the building permit application. If you deviate from these conditions, then a variance must be obtained from the Board of Adjustments and Appeals. I hope that I have answered any questions that you may have regarding this issue. If I can be of further assistance, please contact me at 937-1900 extension 141. Sincerel Robert Generous, AICP Planner Il Attachments: 1. Addendum to Chaparral Development Contract for Decks on Quad Units 2. Variance Application NEW CONCEPT S MANAGEMENT GROUP? INC. SPECIALIZING IN COMMUNITY ASSOCIATION SERVICES 3259 Terminal Dr. Suite #205 - Eagan, MN 55121 - Telephone (612) 688-2651 July 15, 1994 Chuck Wilson 2743 Magnolia Lane N. Plymouth, MN 55441 Dear Chuck, This letter is written confirmation of the dates we discussed earlier this week for the replacement of the decks and building repairs at Cimarron Homeowners Association. All work on buildings to be painted must be completed by August 8, 1994, and all other decks must be completed by August 22, 1994. These dates must be met because the painter is on a tight schedule and will not wait. If there are any problems with these dates, please contact me at 688-2651. Sincerely, NEW CONCEPTS MANAGEMENT GROUP, INC. Steve Madrinich Association Manager SM:c1 CITY OF g CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ,y City Administrato, Endorsed S-e::� MEMORANDUM Modified Rejected -- TO: Don Ashworth, City Manager Dat Date Submitted tc Commission FROM: Bill Monk, City Engineer Date Submitted to Council DATE: June 27, 1985 SUBJ: New Horizons Assessment Agreements Over the past several years, Chanhassen has entered into numerous agreements with New Horizon Homes concerning payment of assessments. The most recent such agreement (attached) was finalized in early 1984 and contained provisions to address City concerns regarding a slow housing market and mounting assessment delinquencies. Item 5 of this agreement requires that all assessments be paid in full by July 1 of 1985. Since the current agreement was finalized, construction within the Chaparral Additions has increased significantly so that a large percentage of the assessments have been paid off in full. Additionally, New Horizon has corrected the delinquency situation so all their holdings are current in terms of taxes and assessments. This turnaround has enhanced the status of the City's position in repayment of bonds for the Greenwood Shores and Carver Beach construction projects. In consideration of the above, it is the recommendation of this office that the date for final payment of assessments for New Horizon Homes be extended one year until July 1, 1986 upon the condition that the existing letter of credit in the amount of $350,000 be extended to August 1, 1986 as a guarantee of compliance. WM : kk % % �l 12 • 0. co NEW HORIZON HOMES, INC. P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 420-3900 10 June 1985 Mr. William Monk City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Dear Bill: As per our telephone conversation, New Horizon Homes has paid all the delin— quent taxes as well as the first half of the 1985 payable taxes. In addition, the sales are progressing well, bringing the unpaid lots down to a reasonable number. In view of these facts, we would request an amendment to the current developers agreement. This amendment would allow New Horizon Homes an addi— tional year to pay the remaining specials through closings and/or certification to the tax statements. New Horizon is currently extending the current Letter of Credit due date from 7-1-85 until 9-1-85 to allow you the time for presenting this request to the Council. We will deliver this extension to you shortly. Thank you in advance for your assistance. If you have any questions, please contact our office. Very truly yours, Tom Gastler Treasurer TG:pjb REC-"i`h`a J UN 1219851 W i Y OF CHANHASSEN. THIRD AMENDMENT TO PLANNED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF CHAPARRAL AND CHAPARRAL 2ND, 3RD, AND 4TH ADDITION This Agreement made this 27th day of February, 1984 by and between New Horizon Homes, Inc. ("the Developer") and the City of Chanhassen ("the City"). WHEREAS, the parties have previously entered into a De- velopment Contract dated November 9, 1979 which was amended on November 24, 1980 and on February27 , 1984 concerning the plat of Chaparral and Chaparral 2nd, 3rd and 4th Additions, and WHEREAS, the Developer has failed to make timely payments of certain special assessments required by the Development Contract and the amendments thereto, and WHEREAS, the parties want to modify their prior agreements. NOW THEREFORE, in consideration of the mutual covenants the parties agree as follows: 1. Except as expressly modified herein, the Development Contract and 1st and 2nd Amendments thereto shall remain in full force and effect. 2. The Developer shall upon the signing of this agreement pay the City $500 for attorney's fees in the preparation of this agreement. 3. On or before May 1, 1984, the Developer shall pay all real estate taxes and special assessments, including penalties and interest, that were due and payable in the year 1983, for all lots in Chaparral, Chaparral 2nd, 3rd and 4th Additions with the exception of Outlot C of Chaparral Addition. Prior to May 1, 1984, the Developer shall also pay the real estate taxes and special assessments, including penalties and interest due and payable in 1982 on the following lots: Lot 25 Block 1 Chaparral Addition Lot 31 Block 1 Chaparral Addition Lot 33 Block 1 Chaparral Addition Lot 14 Block 3 Chaparral Addition Lot 1 Block 2 Chaparral 2nd Addition Lot 36 Block 2 Chaparral 2nd Addition Lot 1 Block 3 Chaparral 2nd Addition Lot 38 Block 3 Chaparral 2nd Addition Lot 39 Block 3 Chaparral 2nd Addition Lot 52 Block 3 Chaparral 2nd Addition Lot 1 Block 4 Chaparral 2nd Addition Lot 4 Block 4 Chaparral 2nd Addition Lot 5 Block 4 Chaparral 2nd Addition Lot 6 Block 4 Chaparral 2nd Addition 4. If the Developer fails to timely pay the real estate taxes and the like in accordance with Paragraph 3 above, then the City may draw down the entire letter of credit which the Developer has submitted to the City. 5. If the Developer fails to pay off all real estate taxes and special assessments, including penalties and interest, on all lots in Chaparral, Chaparral 2nd, 3rd and 4th Additions on or before July 1, 1985, the City shall have the right to draw down the entire letter of credit posted by the Developer. The City shall not, however, use the proceeds to pay off the special assess- ment on Outlot C of Chaparral Addition until the City has used the proceeds to pay off all other special assessments for Chaparral, Chaparral 2nd, 3rd and 4th Additions. EKE CITY OF CHANHASSE , \ q;Z1 BY v Itt Mayor G BY j 0 N l' Its City Manager NEW HORIZON HOMES, INC. BY —J%<=� Its J BY STATE OF MINNESOTA) )ss COUNTY OF CARVER ) On this Jam' day of1984, before me, a notary public within and for said county, personally appeared Thomas Hamilton 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 Thomas Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notafv Public STATE OF MINNESOTA) ` •I . c d� ELHARDT rw1,a;,v i=U"atI". - MONNESOTA ) ss < Cri'ctt si COUNTY COUNTY OF ) M) Commiss,• :; c.,: rea Oct. 11 1985 On this 2� St day of L�(.,f f4 1984, before me, a notary public within and fdr said ctf6nty, personally appeared /y11G1j/?EL 6CF7a�,0 and �NG'M9S 1-4# r� to me personally Known, who, being each duly sworn, did say that they are respectively the VIC,— I�'E�/D 7T" and of New Horizon Homes, 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 acknowledged said instrument to be the free act and deed of said corporation. Notary Pub ' c "'`+ LAURA J. HAKKINERI NOTARY PUBLIC-MINVESOTA HENNEPIN COUNT:' (Vo" MY — 3 — 1. .' . ■sk Norwest Bank MinneapolisNONE&, N.A. Letter Of International BankingDe artment NORWEST RWEsr BANKS p Amendment BRAWN Minneapolis, Minnesota@ 55479-0093 // 'VIER Credit number Account party SB 36763 New Horizon Homes, Inc. The above letter of credit is amended as follows: 1. The expiration date of this credit is extended to September 1, 1985. ( Date June 14; .1985 " All other conditions remain unchanged. FTo: Beneficiary City of Chanhassen Authorized signature �L! 7610 Laredo Drive Chanhassen, Minnesota 55317 LAuthorized signature NW 342 (9.83-2022) ��7 � CITY OF CHANHASSEN 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 5,5317 (612) 937-1900 May 31, 1985 Mr. Thomas Gastler New Horizon Homes, Inc. Box 1367 Minneapolis, MN 55440 Dear Mr. Gastler: As you are aware, the current agreement between New Horizon and Chanhassen states that all outstanding special assessments against lots still owned by New Horizon shall be paid in full by July 1, 1985. The letter of credit guaranteeing compliance is also dated July 1, 1985. There is no way.I will be able to verify payments or consider an extension unless the letter of cre- dit is extended for at least 30 days. Any request to extend the repayment agreement should be submitted along with the letter of credit extension. Your prompt attention to this matter is appreciated and should you have any questions, please let me know. Sincerely, William Monk City Engineer WM:k CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 January 23, 1985 Mr. Roger Knutson Grannis, Campbell, Farrell & Knutson P.O. Box 57 South St. Paul, MN 55075 Dear Mr. Knutson: Attached is a copy of the recently received letter of credit extension from New Horizon. It appears to be in order and I have verified that the lots as listed do represent the remaining holdings of New Horizon in the Chaparral Addition. You may note that -the July lst date may well prove difficult from a timing perspective since the existing agreement states that all assessments must be paid by that same date. However, we will handle this detail by requiring a 30 day extension if necessary. Please review the document and advise me of your comments. Sincerely, William Monk City Engineer WM X Enclosure RI►MR Norwest Bank MinneapolisRAFNNN, N.A. Letter Of NORWESf BANKS International Banking Department Ar///Ar Minneapolis, Minnesota94 55479 Amendment INN ITAWN Grevit number Account party Date SB 36763 I New Horizon Homes, Inc. anuary 18, 198` The above letter of credit is amended as follows: 1. Delete condition #1 of original letter of credit, delete our amendments dated February 2, 1984 and February 6, 1984 in their entirety and replace with: "Beneficiary's signed statement reading: 'Sums claimed are due and payable as New Horizon Homes, Inc. has not performed its obligations per the Developer's Agreement with the City of Chanhassen, as amended by the first, second, and third amendments thereto, to pay all real estate taxes and special assessments, including penalties and interest, on any of the following described lots: _ Lots 4, 5, 7, 15, 16, 21-24, 26 or 28-33, Block 1; Lots 1-6 , 8, 9, 11, 13 or 14, Block 2; Lots 1, 6-9, 11, 13, 14 or 28, Block 3; of Lot 1, Block 4 all Chaparral Addition; Lots 1 or 2, Block 2; Lots 13, 15, 17, 20, 21-41 or 43-52, Block 3; Lots 1-5, or 8-13, Block4; or Lots 2-8, Block 5, all in Chaparral 2nd Addition;. - or - Lots 1-12, 14-17, 20 or 35, Block 1; or Lots 1-16, Block 3, all in Chaparral 3rd Addition" 2. The expiration date of this credit is extended to July 1, 1985. 3. This letter of credit is now subject to the Uniform Customs and Practice for Documentary Credit (1983 Revision) International Chamber of Commerce Publication No. 400. All other conditions remain unchanged. To: Beneficiary City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 L NW342 (9-83-2022) thoriZed signature L Authorized signature ib,. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ncimn oy LAY Aoministrati Endorsed Modified _ MEMORANDUM Rejected Date TO: Don Ashworth, City Manager Date Submitted to Commission FROM: Bill Monk, City Engineer Date Submitted to Council DATE: February 27, 1984 - SUBJ: Amendments to New Horizon Development Contract As a part of the original development agreement negotiated be- tween the City and New Horizons in 1978, repayment of existing assessments as levied against the property was to be achieved by mid-1982. This would assure prompt repayment of bonds issued on previously installed municipal improvements (i.e. Carver Beach and Greenwood Shores). Due to the economic hardships encountered in 1981 and 1982, New Horizons requested and was granted a three year extension in making this final payment. However, as the 1982 and 1983 tax payments went delinquent for all of New Horizon's holding in Chanhassen, staff became concerned that the City's economic position was being placed in jeopardy. Since the delinquency situation was contrary to terms of our agreement, New Horizons was notified that the City would not hesitate to use the $350,000 letter of credit to protect its position. Subsequently, the Third Amendment to the Development Contract was formulated. This amendment calls for payment of approximately 50% of all current delinquencies by May 1, improving the City's position by $100,000. Also, the existing letter of credit was renewed to insure future payments. I believe the attached agreements provide for the continuation of New Horizon's development project in Chanhassen while insuring that the City is not over extending its financial involvement in that development. Formal approval of both Amendments 2 and 3 is recommended at this time. As a final note, it is only proper that the Council be aware that the City Attorney's involvement was instrumental in bringing this item to an acceptable conclusion. r AMENDMENTSECOND T PLANNED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF CHAPARRAL AND CHAPARRAL 2ND, 3RD, & 4TH ADDITIONS WHEREAS, the parties hereto have made and entered into a Development Contract dated November 9, 1979, (the "Development Contract"), and amended November 24, 1980, (the "First Amendment") concerning the plat of Chaparral, and Chaparral 2nd, 3rd, and 4th Additions; and WHEREAS, Sections 3. 0 21 (B) , 3.03(B) and 3.07 of the Development Contract, as amended, provide that New Horizon Homes, Inc. (hereinafter "New Horizon"), is obligated to pay on July 1, 1982, certain assessments in one lump sum; and WHEREAS, New Horizon has petitioned the City of Chanhassen (hereinafter the "City"), for an extension of time beyond July 1, 1982, to pay said assessments; and WHEREAS, the City, by its Council, has indicated that it is agreeable to granting an extension of time to New Horizon to pay said assessments,subject to certain specified conditions. NOW, THEREFORE, in consideration of the foregoing premises, the City and New Horizon agree as follows: ARTICLE I. Paragraph B. of Section 3.021 of the Development Contract is hereby amended to read as follows: r B. Regular Payment Schedule for Phase I Assessments. Anything herein to the contrary notwithstanding, after credit is given to the Developer for the payments described in the preceding sentence, the total of the unpaid Phase I Assessments shall be spread among the lots in Phase I in the manner set forth on Exhibit C attached hereto and made a part hereof. The assessment amounts on Exhibit C shall bear interest at the rate of 7.5 o per annum accruing from January 1, 1982. Said assessments shall be amortized on a ten-year semi-annual payment schedule and certified to the Carver County Auditor for collection with the real estate taxes due and payable in 1982, 1983, and in 1984;' provided, however, that on July 1, 1985, the entire unpaid balance and accrued interest shall be due and payable in full. ARTICLE II. Paragraph B. of Section 3.03 of the Development Contract is hereby amended to read as follows: B. Regular Payment Schedule for Phase II Assessments. Anything herein to the contrary notwithstanding, after credit is given to the Developer for the payments described in the preceding sentence, the total unpaid Phase II Assessments shall be spread among the lots in Phase II in the manner set forth on Exhibit C attached hereto and made a part hereof. The assessment amounts on Exhibit C shall bear interest at the rate of 7.5% per annum accruing from January 1, 1982. Said assessments shall be amortized on a ten-year semi-annual payment schedule and certified to the Carver County Auditor for collection with the real estate taxes due and payable in 1982, 1983 and 1984; provided, however, that on July 1, 1985, the entire unpaid balance and accrued interest shall be due and payable in full. ARTICLE III. Section 3.07 of the Development Contract, as amended, is hereby further amended to read as follows: The Developer agrees to reimburse the City in full for the costs of impro-ring Kerber Boulevard (Project, MSAS 101) to a standard street section. Said costs shall be deemed to be special assessments levied in accordance with Chapter 429 of Minnesota Statutes and shall be spread among the lots in Phase I and Phase II in the manner set forth on Exhibit D attached hereto and made a part hereof. The amounts on Exhibit D shall bear interest at the rate of 8% per annum (or at a rate equal to the net interest rate on the Project MSAS 101 general obligation bonds plus one percentage point, if higher) accruing from August 31, 1981. The amounts on Exhibit D shall be amortized on a ten- year semi-annual payment schedule for collection with the real estate taxes due and payable in 1982, 1933, and 1984; provided, however, that on July 1, 1985, the entire unpaid balance and accrued interest shall be due and payable in full. The Developer waives its right to a 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 assessments set forth on Exhibit D. -2 ARTICLE IV. 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 an irrevocable bank letter of credit approved by the City in an amount equal to the sum of a) 110% of the amount of the cost of completion of the improvements described in 112.01 as estimated by the City Engineer, and b) a sum not less than 500 of the unpaid special assessments (together with accrued interest thereon) described in Sections 3.021, 3.03 and 3.07 of the Development Contract, as amended,.for the purpose of assuring and guaranteeing to the City: a) that the improvements to be constructed by the Developer as set forth in 1(2.01 hereof shall be installed and completed according to the terms of this agreement; and b) that the Developer 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 timely pay the assessments described in Sections 3.021, 3.03, and 3.07 of the Development Contract, as amended. The above described letter of credit and any renewal of such letter of credit shall have an expiration date not less than one year from its original date of issuance or its last date of renewal. The amount of said letter of credit shall be set by the Chanhassen City Council in accordance with this section. Not less than thirty-five (35) days prior to the date of expiration of said letter of credit, the Developer shall provide another irrevocable bank letter of credit in the amount last approved by the Chanhassen City Council and in the same form, with an expiration date of at least one year from the expiration date of the prior letter of credit. If the Developer fails to provide the subsequent letter of credit thirty (30) days prior to the expiration of the outstanding letter of credit, then the City may demand payment of the entire outstanding letter of credit, and the letter of credit shall provide that upon such demand the bank shall honor such demand. -3- ARTICLE V. Paragraph B.of Section 6.03 of the Development Contract, as amended, is hereby further amended to read as follows: 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 or the Project MSAS 101 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. ARTICLE VI. Paragraph C of Section 6.03 of the Development Contract, as amended, is hereby further amended to read as follows: 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. The certifications of assessments to the Carver County Auditor as provided in Section 3 shall not have the effect of limiting the City's other remedies under this Section 6 of the Development Contract, as amended. ARTICLE VII. This Second Amendment to the Development Contract shall become effective immediately upon execution of this document by all of the parties to this document. The Development Contract, as modified by the First Amendment, and as further modified by this Second Amendment, shall be binding upon all of the parties hereto notwithstanding the refusal of Dunn and Curry Real Estate Management, Inc., to join in either the First Amendment or this Second Amendment. -4- ARTICLE VIII. Except as specifically provided herein, all other terms, conditions, and provisions contained in the Development Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this' day of 1981. NEW HORIZON HOMES, INC. Bz its And• .� c�- it� �— STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) CITY OF CHANHASSEN By its Mayor And its City Clerk Manager On this `- � day of 19 P , before me a notary public, within and fo said unty, personally appeared and2�y�iS to me personal y kngwn, who, each being duly sworn, did say that they are the L)j6& Ike-'-Idg .,t and lrew-raAlle-1 of NEW HORIZON HOMES, 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 ajdlj (' "-yam and acknowledged said instrument th be the free act and deed of said corporation. ' LAURA J. HAKKINEN Notary PubVic NOTARY PUBLIC-MINNESOTA County +� HENNEPIN COUNTY My commission expires 2-3-1M My commission expires —5— • 1 STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 19 , before me a notary public, within and for said county, personally appeared Thomas Hamilton and Don 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 Thomas Hamilton *and Don Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public County My commission expires: W-V l n1-11bIT l: CITY ® F Page 1 of 8 y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 15, 1981 The following are assessments to be certified over a period of ten (10) years at 7.5% interest beginning January 1, 1982, in equal annual principal payments. The first payment payable with the 1982 real estate taxes. PARCEL LEGAL DESCRIPTION AMOUNT CODE 25-44-000-0001-000 25-44-000-0002-000 25-44-000-0003-000 25-44-000-0004-000 25-44-000-0005-000 25-44-000-0006-000 25-44-000-0007-000 25-44-000-0008-000 25-44-000-0009-000 25-44-000-0010-000 25-44-000-0011-000 25-44-000-0012-000 25-44-000-0013-000 25-44-000-0014-000 25-44-000-0015-000 25-44-000-0016-000 25-44-000-0017-000 25-44-000-0018-000 25-44-000-0019-000 25-44-000-0020-000 25-44-000-0021-000 25-44-000-0022-000 25-44-000-0023-000 25-44-000-0024-000 25-44-000-0025-000 25-44-000-0026-000 25-44-000-0027-000 Lot 1, Block 1, Chaparral 2,051.00 2243 Lot 2, Block 1, Chaparral 2,051.00 2243 Lot 3, Block 1, Chaparral 2,051.00 2243 Lot 4, Block 1, Chaparral 2,051.00 2243 Lot 5, Block 1, Chaparral 2,051.00 2243 Lot 6, Block 1, Chaparral 2,051.00 2243 Lot 7, Block 1, Chaparral 2,051.00 2243 Lot 8, Block 1, Chaparral 2,051.00 2243 Lot 9, Block 1, Chaparral 2,051.00 2243 Lot 10, Block 1, Chapa-rral 2,051.00 2243 Lot 11, Block 1, Chaparral 2,051.00 2243 Lot 12, Block 1, Chaparral 2,051.00 2243 Lot 13, Block 1, Chaparral 2,051.00 2243 Lot 14, Block 1, Chaparral 2,051.00 2243 Lot 15, Block 1, Chaparral 2,051.00 2243 Lot 16, Block 1, Chaparral 051.00 2243 Lot 17, Block 1, Chaparral ,�21051.00 2243 Lot 18, Block 1, Chaparral 2,051.00 2243 Lot 19, Block 1, Chaparral 2,051.00 2243 Lot 20. Block 1, Chaparral 2,051.00 2243 Lot 21, Block 1, Chaparral 2,051.00 2243 Lot 22, Block 1, Chaparral 2,051.00 2243 Lot 23, Block 1, Chaparral 2,051.00 2243 Lot 24, Block 1, Chaparral 2,051.00 2243 Lot 25, Block 1, Chaparral 2,051.00 2243 Lot 26, Block 1, Chaparral 2,051.00 2243 Lot 27, Block 1, Chaparral 2,051.00 2243 1:. A ri 11511' L -2- Page 2 of 8 PARCEL # L 1L DESCRIPTION AMOUNT CODE 25-44-000-0028-000 Lot 28, Block 1, Chaparral 2,051.00 2243 25-44-000-0029-000 Lot 29, Block 1, Chaparral 2,051.00 2243 25-44-000-0030-000 Lot 30, Block 1, Chaparral 2,051.00 2243 25-44-000-0031-000 Lot 31, Block 1, Chaparral 2,051.00 2243 25-44-000-0032-000 Lot 32, Block 1, Chaparral 2,051.00 2243 25-44-000-0033-000 Lot 33, Block 1, Chaparral 2,051.00 2243 25-44-000-0034-000 Lot 34, Block 1, Chaparral 2,051.00 2243 25-44-000-0035-000 Lot 35, Block 1, Chaparral . 2,051.00. 2243 25-44-000-0036-000 Lot 1, Block 2, Chaparral 2,051.00 2243 25-44-000-0037-000 Lot 2, Block 2, Ch-aparral 2,051.00 2243 25-44-000-0038-000 Lot 3, Block 2, Chaparral 2,051.00 2243 25-44-000-0039-000 Lot 4, Block 2, Chaparral 2,051.00 2243 25-44-000-0040-000 Lot 5, Block 2, Chaparral 2,051.00 2243 .. 25-44-000-0041-000 Lot 6, Block 2, Chaparral 2,051.00 2243 25-44-000-0042-000 Lot 7, Block 2, Chaparral 2,051.00 2243 25-44-000-0043-000 Lot 8, Block 2, Chaparral 2,051.00 2243 25-44-000-0044-000 Lot 9, Block 2, Chaparral 2,051.00 2243 25-44-000-0045-000 Lot 10, Block 2, Chaparral 2,051.00 2243 25-44-000-0046-000 Lot 11, Block 2, Chaparral 2,051.00 2243 25-44-000-0047-000 Lot 12, Block 2, Chaparral 2,051.00 2243 25-44-000-0048-000 Lot 13, Block 2, Chaparral 2,051.00 2243 25-44-000-0049-000 Lot 14, Block 2, Chaparral 2,051.00 2243 25-44-000-0050-000 Lot 1; Block 3, Chaparral 2,051.00 2243 25-44-000-0053-000 Lot 4, Block 3, Chaparral 2,051.00 2243 25-44-000-0055-000 Lot 6, Block 3, Chaparral 2.051.00 2243 25-44-000-0056-000 Lot 7, Block 3, Chaparral 2,051.00 2243 25-44-000-0057-000 Lot 8, Block 3, Chaparral 12,051.00 2243 25-44-000-0058-000 Lot 9, Block 3, Chaparral 2,051.00 2243 25-44-000-0060-000 Lot 11, Block 3,'Chaparral 2,051.00 2243 25-44-000-0061-000 Lot 12, Block 3, Chaparral 2,051.00 2243 25-44-000-0062-000 Lot 13, Block 3, Chaparral 2,051.00 2243 25-44-000-0063-000 Lot 14, Block 3, Chaparral 2,051.00 2243 25-44-000-0071-000 Lot 22, Block 3, Chaparral 2,051.00 2243 25-44-000-0075-000 Lot 26, Block 3, Chaparral 2,051.00 2243 25-44-000-0076-000 Lot 27, Block 3, Chaparral 2,051.00 2243 25-44-000-0077-000 Lot 28, Block 3, Chaparral 2,051.00 2243 25-44-000-0078-000 Lot 1, Block 4, Chaparral 2,051.00 2243 25-44-000-0079-000 Lot 2, Block 4, Chaparral 2,051.00 2243 -j- EXH1i�jT C: PARCEL # I "^AL DESCRIPTION AMOUNT Page 3 of 3 CODE 25-4.4-000-0081-000 Lot Block 4, Chaparral 2,051.00 2243 25-44-000-0037-000 Lot 10, Block 4, Chaparral 2,051.00 2243 25-44-000-0091-000 Lot 14, Block 4, Chaparral 2,051.00 2243 25-44-000-0098-000 Outlot C, Chaparral 73,558.29 2253 25-44-100-0001-000 Lot 1, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0002-000 Lot 2, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0003-000 Lot 3, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0004-000 Lot 4, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0005-000 Lot 5, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0006-000 Lot 6, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0008-000 Lot 8, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0036-000 Lot 36, Block 1, Chaparral 2nd 1,565.07 2253 25-44-100-0037-000 Lot 1, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0038-000 Lot 2, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0039-000 Lot 3, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0041-000 Lot 5, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0042-000 Lot 6, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0044-000 Lot 8, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0045-000 Lot 9, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0047-000 Lot 11, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0049-000 Lot 13, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0055-000 Lot 19, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0056-000 Lot 20, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0057-000 Lot 21, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0058-000 Lot 22, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0059-000 Lot 23, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0060-000 Lot 24, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0064-000 Lot 28, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0065-000 Lot 29, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0066-000 Lot 30, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0067-000 Lot 31, Block 2, Chaparral 2nd 1,565.07 •2253 25-44-100-0068-000 Lot 32, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0069-000 Lot 33, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0070-000 Lot 34, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0071-000 Lot 35, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0072-000 Lot 36, Block 2, Chaparral 2nd 1,565.07 2253 25-44-100-0073-000 Lot 1, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0074-000 Lot 2, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0075-000 Lot 3, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0076-000 Lot 4, Block 3, Chaparral 2nd 1,565.07 2253 Page 4 of 8 PARCEL /J LL;CAI, DESCRIPTION AMOUNT CODE 25-4!�-100-0077-000 Lot Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0078-000 Lot 6, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0079-000 Lot 7, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0080-000 Lot 8, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0081-000 Lot 9, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0082-000 Lot 10, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0083-000 Lot 11, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0084-000 Lot 12, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0085-000 Lot 13, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0086-000 Lot 14, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0087-000 Lot 15, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0088-000 Lot 16, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0089-000 Lot 17, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0090-000 Lot 18, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0091-000 Lot 19, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0092-000 Lot 20, Block i 3, Chaparral 2nd 1,565.07 2253 25-44-100-0093-000 Lot 21, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0094-000 Lot 22, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0095-000 Lot 23, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0096-000 Lot 24, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0097-000 Lot 25, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0098-000 Lot 26, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0099-000 Lot 27, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0100-000 Lot 29, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0101-000 Lot 29, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0102-000 Lot 30, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0103-000 Lot 31, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0104-000 Lot 32, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0105-000 Lot 33, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0106-000 Lot 34, Block 3,-Chaparral 2nd 1,565.07 2253 25-44-100-0107-000 Lot 35, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0108-000 Lot 36, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0109-000 Lot 37, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0110-000 Lot 38, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0111-000 Lot 39, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0112-000 Lot 40, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0113-000 Lot 41, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0114-000 Lot 42, Block 3, Chaparral 2nd 1,565.07 2253 25-44-100-0115-000 Lot 43, Block 3, Chaparral 2nd 1,565.07 2253 PARCEL I/ _L' -kL DESCRIPTION 25=44-100-0116-000 Lot Block 3, Chaparral 2nd 25-44-100-0117-000 Lot 45, Block 3, Chaparral 2nd 25-44-100-0118-000 Lot 46, Block 3, Chaparral 2nd 25-44-100-0119-000 Lot 47, Block 3, Chaparral 2nd 25-44-100-0120-000 Lot 48, Block 3, Chaparral 2nd 25-44-100-0121-000 Lot 49, Block 3, Chaparral 2nd 25-44-100-0122-000 Lot 50, Block 3, Chaparral 2nd 25-44-100-0123-000 Lot 51, Block 3, Chaparral 2nd 25-44-100-0124-000 Lot 52, Block 3, Chaparral 2nd 25-44-100-0125-000 Lot 1, Block 4, Chaparral 2nd 25-44-100-0126-000 Lot 2, Block 4, Chaparral 2nd 25-44-100-0127-000 Lot 3, Block 4, Chaparral 2nd 25-44-100-0128-000 Lot 4, Block 4, Chaparral 2nd 25-44-100-0129-000 Lot 5, Block 4, Chaparral 2nd 25-44-100-0130-000 Lot 6, Block 4, Chaparral 2nd 25-44-100-0131-000 Lot 7, Block 4, Chaparral 2nd 25-44-100-0132-000 Lot 8, Block 4, Chaparral 2nd 25-44-100-0133-000 Lot 9, Block 4, Chaparral 2nd 25-44-100-0134-000 Lot 10, Block 4, Chaparral 2nd 25-44-100-0135-000 Lot 11, Block 4, Chaparral 2nd 25-44-100-0136-000 Lot 12, Block 4, Chaparral 2nd 25-44-100-0137-000 Lot 13, Block 4, Chaparral 2nd 25-44-100-0138-000 Lot 1, Block 5, Chaparral 2nd 25-44-100-0139-000 Lot 2,. Block 5, Chaparral 2nd 25-44-100-0140-000 Lot 3, Block 5, Chaparral 2nd 25-44-100-0141-000 Lot 4, Block 5, Chaparral 2nd 25-44-100-0142-000 Lot 5, Block 5, Chaparral 2nd 25-44-100-0143-000 Lot 6, Block 5, Chaparral 2nd 25-44-100-0144-000 Lot 7, Block 5, Chaparral 2nd 25-44-100-0145-000 Lot 8, Block 5, Chaparral 2nd 25-44-200-0001-000 Lot 1, Block 1, Chaparral 3rd 25-44-200-0002-000 Lot 2, Block 1, Chaparral 3rd 25-44-200-0003-000 Lot 3, Block 1, Chaparral 3rd 25-44-200-0004-000 Lot 4, Block 1, Chaparral 3rd 25-44-200-0005-000 Lot 5, Block 1, Chaparral 3rd 25-44-200-0006-000 Lot 6, Block 1, Chaparral 3rd 25-44-200-0007-000 Lot 7, Block 1, Chaparral 3rd 25-44-200-0008-000 Lot 8, Block 1, Chaparral 3rd 25-44-200-0009-000 Lot 9, Block 1, Chaparral 3rd 25-44-200-0010-000 Lot 10, Block 1, Chaparral 3rd Pagey5 of 8 AMO UNT CODE 1,565.07 2253 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1.565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 1,565.07 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 22�3 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 2253 -�' Page 6 of 8 PARCEL # LrCAL DESCRIPTION AMOUNT CODE 25=4 00-0011-000 Lot , Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0012-000 Lot 12, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0013-000 Lot 13, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0014-000 Lot 14, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0015-000 Lot 15, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0016-000 Lot 16, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0017-000 Lot 17, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0018-000 Lot 18, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0019-000 Lot 19, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0020-000 Lot 20, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0021-000 Lot 21, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0022-000 Lot 22, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0023-000 Lot 23, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0024-000 Lot 24, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0025-000 Lot 25, Block 1, Chaparral. 3rd 1,565.07 2253 25-44-200-0026-000 Lot 26, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0027-000 Lot 27, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0028-000 Lot 28, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0029-000 Lot 29, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0030-000 Lot 30, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0031-000 Lot 31, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0032-000 'Lot 32, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0033-000 Lot 33, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0034-000 Lot 34, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0035-000 Lot 35, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0036-000 Lot 36, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0037-000 Lot 37, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0038-000 Lot 38, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0039-000 Lot 39, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0040-000 Lot 40, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0041-000 Lot 41, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0042-000 Lot 42, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0043-000 Lot 43, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0044-000 Lot-44, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0045-000 Lot 45, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0046-000 Lot 46, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0047-000 Lot 47, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0048-000 Lot 48, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0049-000 Lot 49, Block 1, Chaparral 3rd 1,565.07 2253 I Page i or B PARCEL i LEGAL DESCRIPTION AMOUNT CODE ' ,,25-44-20200-0050-000 Lot Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0051-000 Lot 51, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0052-000 Lot 52, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0053-000 Lot 53, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0054-000 Lot 54, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0055-000 Lot 55, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0056-000 Lot 56, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0057-000 Lot 57, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0058-000 Lot 58, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0059-000 Lot 59, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0060-000 Lot 60, Block 1, Chaparral 3rd 1,565.07 2253 25-44-200-0062-000 Lot 2, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0078-000 Lot 18, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0081-000 Lot 21, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0082-000 Lot 22, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0083-000 Lot 23, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0084-000 Lot 24, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0085-000 Lot 25, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0086-000 Lot 26, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0087-000 Lot 27, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0088-000 Lot 28, Block 2, Chaparral 3rd 1,565.07 22�3 25-44-200-0091-000 Lot 31, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0092-000 Lot 32, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0095-000 Lot 35, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0096-000 Lot 36, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0097-000 Lot 37, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0098-000 Lot 38, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0099-000 Lot 39, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0100-000 Lot 40, Block 2, Chaparral 3rd 1,565.07 2253 25-44-200-0101-000 Lot 1, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0102-000 Lot 2, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0103-000 Lot 3, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0104-000 Lot 4, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0105-000 Lot 5, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0106-000 Lot 6, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0107-000 Lot 7, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0108-000 Lot 8, Block 3, Chaparral 3rd 1,565.07 2253 25-44-200-0109-000 Lot 9, Block 3, Chaparral 3rd 1,565.07 2253 PARCEL # ti 25�-4 24 00-0110-000 25-44-200-0111-000 25-44-200-0112-000 25-44-200-0113-000 25-44-200-0114-000 25-44-200-0115-000 25-44-200-0116-000 Certified By Z-j C) Don Ashworth City Manager LE,,&L DESCRIPTION Lot' IIlock 3, Chaparral 3rd Lot 11, Block 3, Chaparral 3rd Lot 12, Block 3, Chaparral 3rd Lot 13, Block 3, Chaparral 3rd Lot 14, Block 3, Chaparral 3rd Lot 15, Block 3, Chaparral 3rd Lot 16, Block 3, Chaparral 3rd u Page 8 of 8 AMOUNT CODE 1,565.07 2253 1,565.07 2253 1,565.07 2253 1,565.07 2253 1,565.07 2253 1,565.07 2253 1,565.07 2253 J'AdI151T ll CITY F Page 1 of 2 II�'": a X�' '�:� ��:'•.• ��;•' x;,,: , 690 COULTER DRIVE o P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 10, 1981 The following are new assessments to be certified over a period of ten (10) years at 8% interest beginning August 31, 1981, in equal annual prinicpal payments. The first payment payable with the 1982 real estate taxes. PARCEL # LEGAL DESCRIPTION AMOUNT c ODE 1zR?31'- 097'940131990/ 9�1 X,�/ fiK/�/,/,�r�l� ' >�/�k �S'I�/, �5�!t�� P71P IPP97'9W/990/ ,/YW�e/bif/ �/� ��,�,� / ,�74'�!,�� zYw 25-44-000-0091-000 Lot 14, Block 4, Chaparral 2,329.01 2365 25-44-000-0063-000 Lot 14, Block 3, Chaparral 5,928.40 2365 25-44-000-0025-000 Lot 25, Block 1, Chaparral 10,162.97 2365 25-44-000-0031-000 Lot 31, Block 1, Chaparral 9,781.86 2365 25-44-000-0032-000 Lot 32, Block 1, Chaparral 3,260.62 2365 25-44-000-0033-000 Lot 33, Block 1, Chaparral 4,954.45 2365 25-44-000-0035-000 Lot 35, Block 1, Chaparral 5,547.29 2365 25-44-100-0001-000 Lot 1, Block 1, Chaparral 2nd Addn. 3,641.73 2365 25-44-100-0002-000 Lot 2, Block 1, Chaparral 2nd Addn. 3,34 5.31 2365 25-44-100-0037-000 Lot 1, Block 2, Chaparral 2nd Addn. '';6,351.86 2365 25-44-100-0072-000 Lot 36, Block 2, Chaparral 2nd Addn. :: 6,267.16 2365 25-44-100-0073-000 Lot 1, Block 3, Chaparral 2nd Addn. 5,801.36 2365 25-44-100-0124-000 Lot 52, Block 3, Chaparral 2nd Addn. 6,055.44 2365 25-44-100-0125-000 Lot 1, Block 4, Chaparral 2nd Addn. 7,918.65 2365 25-44-100-0128-000 Lot 4, Block 4, Chaparral 2nd Addn. 7,452.85. 2365 25-44-100-0129-000 Lot 5, Block 4, Chaparral 2nd Addn. 7,876.30 2365 -2- :4�25-44-100-0130-000 Lot 6, Block 4, Chaparral 2nd Addn. 25-44-100-0137-000 Lot 13, Block 4, Chaparral 2nd Addn. 25-44-100-0111-000 Lot 39, Block 3, Chaparral 2nd Addn. 25-44-100-011 0-000 Lot 38, Block 3, Chaparral 2nd Addn. 25-44-100-0145-000 Lot 8, Block 5, Chaparral 2nd Addn. 25-44-200-0101-000 Lot 1, Block 3, Chaparral 3rd Addn. 25-44-200-0116-000 Lot 16, Block 3, Chaparral 3rd Addn. 25-44-000-0098-000 Outlot C, Chaparral Certified By �avy,:tlingelhut'z Treasurer 8,511.49 5,801.36 7,664.57 6,775.31 8,469.14 8,257.42 9,443.09 -- 48,655.21 EXHIBIT D Page 2 of 2 2365 2365 2365 2365 2365 2365 2365 2365 L i" THIRD AMENDMENT TO PLANNED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF CHAPARRAL AND CHAPARRAL 2ND, 3RD, AND 4TH ADDITION This Agreement made this day of January, 1984 by and between New Horizon Homes, Inc. ("the Developer") and the City of Chanhassen ("the City"). WHEREAS, the parties have previously entered into a De- velopment Contract dated November 9, 1979 which was amended on November 24, 1980 and on , 1984 concerning the plat of Chaparral and Chaparral 2nd, 3rd and 4th Additions, and WHEREAS, the Developer has failed to make timely payments of certain special assessments required by the Development Contract and the amendments thereto, and WHEREAS, the parties want to modify their prior agreements. NOW THEREFORE, in consideration of the mutual covenants the parties agree as follows: 1. Except as expressly modified herein, the Development Contract and 1st and 2nd Amendments thereto shall remain in full force and effect. 2. The Developer shall upon the signing of this agreement pay the City $500 for attorney's fees in the preparation of this agreement. 3. On or before May 1, 1984, the Developer shall pay all real estate taxes and special assessments, including penalties and interest, that were due and payable in the year 1983, for all lots in Chaparral, Chaparral 2nd, 3rd and 4th Additions with the exception of Outlot C of Chaparral Addition. Prior to May 1, 1984, t the Developer shall also pay the real estate taxes and special assessments, including penalties and interest due and payable in 1982 on the following lots: Lot 25 Block 1 Chaparral Addition Lot 31 Block 1 Chaparral Addition Lot 33 Block 1 Chaparral Addition Lot 14 Block .3 Chaparral Addition Lot 1 Block 2 Chaparral 2nd Addition Lot 36 Block 2 Chaparral 2nd Addition Lot 1 Block 3 Chaparral 2nd Addition Lot 38 Block 3 Chaparral 2nd Addition Lot 39 Block 3 Chaparral 2nd Addition Lot 52 Block 3 Chaparral 2nd Addition Lot 1 Block 4 Chaparral 2nd Addition Lot 4 Block 4 Chaparral 2nd Addition Lot 5 Block 4 Chaparral 2nd Addition Lot 6 Block 4 Chaparral 2nd Addition 4. If the Developer fails to timely pay the real estate taxes and the like in accordance with Paragraph 3 above, then the City may draw down the entire letter of credit which the Developer has submitted to the City. 5. If the Developer fails to pay off all real estate taxes and special assessments, including penalties and interest, on all lots in Chaparral, Chaparral 2nd, 3rd and 4th Additions on or before July 1, 1985, the City shall have the right to draw down the entire letter of credit posted by the Developer. The City shall not, however, use the proceeds to pay off the special assess- ment on Outlot C of Chaparral Addition until the City has used the proceeds to pay off all other special assessments for Chaparral, Chaparral 2nd, 3rd and 4th Additions. 1WM CITY OF CHANHASSEN BY Its Mayor BY Its City Manager NEW HORIZON HOMES, INC. BY 4:::: Its /-' BY� Its STATE OF MINNESOTA) )ss COUNTY OF CARVER ) On this day of , 1984, before me, a notary public within and for said county, personally appeared Thomas Hamilton 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 Thomas Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA) )ss COUNTY OF ) On this ./ 4C day of but , 1984, before me, a notary public within and f r said ounty, personally appeared 174CAAC-L 6�L7Jbhm and 7rf� ,r 64S76W- , to me personally known, who, being each duly sworn, did say that they are respectively the _(j/( f�?Gf r and of New Horizon Homes, 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 acknowledged said nstrument to be the free act and deed of said corporation. Notary Pub c tO7"---N LAURA J. HAKKINEN NOTARY PUBLIC-MINMESOTA Z HENNEPIN COUNTY MY commis is . . ^ r 2- 1�'= � - 3 - DAVID L. GRANNIS - 1874-1961 DAVID L. GRANNIS. JR. - 1910.1980 VANCE B. GRANNIS VANCE B. GRANNIS, JR THOMAS J. CAMPBELL. PATRICK A. FARRELL DAVID L. GRANNIS. III ROGER N. KNUTSON ROBERT R. KING. JR. THOMAS M. SCOTT GARY G. FUCHS MARY S. VUJOVICH LAW OFFICES GRANNIS, GRANNIS, CAMPBELL & FARRELL PROFESSIONAL ASSOCIATION 403 NORTHWESTERN NATIONAL BANK BUILDING POST OFFICE BOX 57 161 NORTH CONCORD EXCHANGE SOUTH ST. PAUL, MINNESOTA 55075 612-455-1661 January 13, 1984 New Horizon Homes, Inc. 3131 Fernbrook Lane North Plymouth, MN 55441 Mr. Harvey F. Kaplan Kaplan, Strangis and Kaplan 555 Pillsbury Center 200 S. 6th Street Minneapolis, MN 55402 Re: Chaparral Development City of Chanhassen Gentlemen: FORMERLY GRANNIS & GRANNIS ESTABLISHED 1907 123/Sy 0 Our office is legal counsel for the City of Chanhassen. Sections 3.021B and 3.03B of your development contract with the City for Chaparral required that certain special assessments be paid in full prior to July 1, 1982. According to Carver County records, there are presently delinquencies of $205,837 (not including penalties) and an'outstanding balance of $518,864. Unless an arrangement satis- factory to the City is reached on or -before January 19, 1984, the City will draw down your letter of credit with the Northwestern National Bank. If you would like to discuss this matter, please call me. Very truly yours, GRANNIS, GRANNIS, CAMPBELL & FARRELL `3! vl cc: Mr. William Monk Mr. Don Ashworth Roger N. Knutson fr ECF-i V ED JAN 1 61984 CITY OF CHANHASSEN CITY OF � CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 12, 1983 Mr. Thomas Gastler New Horizon Homes, Inc. 3131 Fernbrook Lane North Box 1367 Plymouth, MN 55440 Dear Mr. Gastler: The City recently completed a review of all property tax delinquencies through December 31, 1982. We discovered that New Horizons has many properties in the Chaparral Additions that have been delinquent for some time. Further review shows that the City's project bond repayment sched- ules are beginning to show an adverse impact due to nonpayment of these assessments. For that reason I must inquire as to New Horizon's plans concerning payment of these delinquencies. The City has not forgotten that a $350,000 letter of credit is on file to cover this situation, however, I am interested in hearing about New Horizon's intentions before asking our attorney to work through the redemption procedures. Your attention to this matter is appreciated. Sincerely, William Monk City Engineer WM:k cc: Roger Knutson, City Attorney USA CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 December 29, 1982 Mr. Thomas Gastler New Horizon Homes, Inc. 3131 Fernbrook Lane North Suite 104 Plymouth, MN 55441 Dear Mr. Gastler: E As per our earlier telephone conversation, enclosed please find three (3) copies of the second amendment to the Chaparral Development Contract. Please execute all three copies and return them to me at your earliest convenience. After city signatures have been affixed, I will return one copy for your files. If you have any questions, please fee17free to contact me. Sincerely, .g/�1- -� William Monk City Engineer WM : k Enclosure r.� 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. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, iNc. ENGINEERS AND SURVEYORS 12) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Subject: OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS April 17, 1980 Staking, Inspection and Construction Supervision of Developments Pursuant to your direction of yesterday at the staff meeting, we herein wish to summarize city policy pertaining to our involve- ment in developer constructed projects. This policy applies to all new projects for which development contracts have not yet been entered into. We, as city engineers, will provide staking, inspection and construction supervision for the construction of streets, utilities, and drainage works for all new developer constructed projects. The developer's engineer will provide the plans and specifications and his contractor. We will be working for the city, but being paid out of escrowed developer funds on an hourly basis. In terms of projects for which a development contract currently exists, we will be providing inspection services only. These will be complete inspection services. This will be a higher level of inspection than done in the past (Chaparral, as an example). Very truly yours, SCHOELL & MADSON, INC. JROrr : mkr _--\ 1��g�212?��e cc: Mr. Greg Frank APR 1980 Mr. Jack Gill M RECEIVED r VIlyAGE C�CHANHASSMS />l MINm CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 16, 1982 Mr. Thomas Lyngholm V.A. Loan Guaranty Division Bishop Henry Whipple Federal Building Fort Snelling St. Paul, MN 55111 Dear Mr. Lyngholm: In response to your letter of April 14, the offsite improvements at Chaparral 3rd Addition are complete, but the developer and contractor are still in the process of correcting items listed on the project punch list. As I understand it, this work is nearly completed and I believe the City has valid assurances for completion. Sincerely, William Monk City Engineer WM;k RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Bill Monk City Engineer Box 147 Chanhassen MN 55317 Dear Bill: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 February 9, 1982 Re: Chaparral TELEPHONE (612) 333-I511 On October 19, 1981, the City Council tabled the request of New Horizon Homes for a change in the payment schedule for its assessments. According to the signed development contract, the bulk of the assessments are due in one lump sum on July 1, 1982. The Council had directed me to prepare the text of a proposed amendment to the development contract incorporating the new payment schedule requested by New Horizon Homes. My proposed revision language was mailed to New Horizon Homes on November 16, 1981. New Horizon Homes has ignored my communications to them regarding this matter. In fact, I have received no response from them whatsoever. If New Horizon Homes is unwilling to sign an actual contract amendment, the assessment due date set forth in the existing development contract would be applicable. I suggest that we begin some contingency planning. It would be appreciated if you would check the expiration date of the outstanding letter of credit which is on file at the City. CMM:ner cc: Scott .-, - Martin Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CITY OF CHANHASSEN COMMU'jl7Y D'r:'11:1 '';= ;.IT DEPT ni CITY 1-' OF - I CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 December 3, 1981 Mr. Bruce J. Granos V.A. Loan Guaranty Division Federal Building Fort Snelling St. Paul, MN 55111 Dear Mr. Granos: The improvements within Chaparral 3rd Addition were privately undertaken by New Horizon Homes, Inc. They are in the process of completing said improvements to the City's satisfaction, and I do believe the City has valid assurances of completion. Sincerely, William Monk City Engineer WM:k RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH Don Ashworth 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 New Horizon Homes, Inc. TELEPHONE (612) 335-9565 Enclosed you will find a photocopy of a deed, dated March 5, 1981, running from New Horizon Homes to the City of Chanhassen, conveying Outlot A, Chaparral 3rd Addition. Outlot A is the proposed park area in Chaparral. The original copy of this deed has been transmitted to the County Recorder's office for recording. Since Outlot A was conveyed to the City subsequent to January 2, 1981, real estate taxes were imposed on this property. The total of the amount due on the real estate tax statement in connection with the payable 1981 taxes is $1,869.76 (first half is $934.88). On my own initiative, I have contacted the County Auditor regarding obtaining an abatement of the payable 1981 taxes. Unless I receive contrary instructions from you, I will pursue the matter of a tax abatement with the auditor. CMM:ner enc ne -. 6c Very truly yours, CRAIG M. MERTZ. Assistant Chanhassen City Attorney CITY OF CHANHASSEN RECEIVED MAY 2 91981 COMMUNITY DEVELOPMENT DEPT. '_IAH P. JaCMacl f r C�i. GN �... �1 ��[....L - --- �f I Mr-lLJ�7UFv. /j�� -. CtRL7a{.�MAD7rOH sW It104. No. ai., E"G1tVEER9 P. SURVEYORS £HLO LAYp 9URVEyC no. OAr(.. :, a 90 NINTH AV1rr4U[ SCUT" wI„H• f+0. 4]7♦ NDI'KINa, MINNIE90TA _133n3 UO• D^K. 7q! No. >,s•;. a^, W I In. �'►+aNr o3o-7e0+ ••p. a.ay• Iow^ wv. was MOs+7. Hi,), � ye 16.t IOwA nu. ys 39 H O. OAK. pbgg. �q��y 1g1 1p�.�I4gr 1gf yyyxaa+1 ! 1 07 MOwl. NC. A i:uyyli fi fir' C{ tl�$1� POW„_ CITY OF CHANHASSE„ CARVER BEACH AREA SAINITARY SEWER AND WATERMAINS Revised 42) (Continued) 2-13-76 N 1/2, Sec, 12 Together with a 30.00 foot temporary construction easement and a 14.00 .foot perpetual easement for watermain 'purposes Torrens over, under" and across the above described property. The center line of both easements described as follows: is Ctf. No. 7001 Beginning at the terminus of the above described line; thence :forth 88 degrees 35 minutes 30 seconds :Jest a distance of 109.38 feet; thence South l degree 22 minutes 00 seconds West a distance of 100,00 feet and said center line there terminating. Said temporary easements to expire December 31, 1976_ Page 3 of 3.