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78-01 - Chaparral PUD Amendment pt 5CITY OF CHANHASSEN 690 City Center Drive PO Box 147 Chanhassen, Minnesota 55317 Phone 952.937.1900 General Fax 952.937.5739 Engineering Department Fax 952.937.9152 Building Department Fax 952.934,2524 Web Site www. ci. canhassen. mn. us August 29, 2001 Cimarron Home Owners Association Attn: Steve Madrinich 4915 W 35d' Street, Ste. 102 St. Louis Park, MN 55416 �1e Dear Steve: This letter is to inform you that on August 27, 2001 the City Council approved your request f9r an amendment to the Chaparral 2nd and 3rd Additions development contract to allow decks, screened patios, and porches on the four- plex units with the following conditions: 1. The decks/porches must maintain an 18 foot setback. 2. The decks/porches shall not exceed a depth of 12 feet. Should you have any questions, please feel free to contact me at 937-1900, ext. 117. Sincerely, Julie Hoium Planner I 4 He City of Chanhassen. A growing community with clean lakes, quality schools; a charming downtown, thriving businesses, and beautiful parks. AQreat place to live, work, and Play, July 5, 1999 Cimarron Homeowners Association c/o Conrad Schmidt 7251 Pontiac Circle Chanhassen, MN 55317 Dear Mr. Schmidt: This letter is to inform you that on June 28, 1999 the City Council approved your request for an amendment to the Chaparral 2nd and 3rd Additions development contact to allow screened patios and enclosed porches on the four-plex units with the following conditions: 1. The screened patios and porches cannot extend from the building further than 10 feet. 2. The screened patios and porches must maintain a 20 foot front and rear yard setback. 3. The screened patios and porches may not exceed a 10 foot by 20 foot dimension. Should you have any questions, please feel free to contact me. Sincerely, Cynthia R. Kirchoff Planner I \\cfsl\vo12\plan\ck\plan comet\chaparral.e.doc i r' i CITY OF CHANHASSEN i PLANNED RESIDENTIAL DEVELOPMENT CONTRACT ' PLAT OF CHAPARRAL AND CHAPARRAL 2nd, 3rd AND 4th ADDITION THIS AGREEMENT, Made and entered into this day of 1979, by and between DUNN AND CURRY REAL ESTATE MANAGEMENT, INC., and NEW HORIZON HOMES, INC., (hereinafter referred to collectively as the Developer), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein contained, recite and agree as follows: SECTION 1. Recitals . 1.01 Preliminary Develo IDment Plans and Preliminary Plats Chaparral Phase I and Chaparral Phase II The Developer is the owner of a tract of land lying within the City, as more particularly described on Exhibit A attached hereto and made a part hereof (hereinafter the Subject Property). The Developer has heretofore made application to the City under the City Zoning Ordinance for the approval of a P-1 Planned Residential -District encom- passing all of the subject property in two separate phases and four separate plats. The first of said phases was designated heretofore "Carver's Pointe - Chanhassen Lakes North". Subsequently, the Developer, with the consent of the'City, changed the name of said phase to "Chaparral". The terms Phase I and Phase II are defined for purposes of the agreement in section 1.04 herein below. 1.02 Ownership Interests The ownership interests of the tract of land comprising Phase I and Phase II are as follows; 1. Dunn & Curry Real Estate Management, Inc., a Minnesota corporation, fee owner; 2. Northwestern National Bank of Hopkins, a United States of America Corporation, mortgagee; 3. Chanhassen 334, a Minnesota Limited Partnership; fee owner; 4. Home Federal Savings and Loan Association, a United States of America Corporation, mortgagee; 5. Kindem Millwork Company, a Minnesota Corporation, mortgagee; -1- y�. 6. New Horizon Homes, Inc., a Minnesota corporation, contract for deed purchaser. 1.03. Plan Approval Chronology A. Phase I (1) The City Planning Commission held a public hearing on March 8, 1978, to consider public comment on the development plan, plat, and rezoning of Phase I. (2) The City Council, by its resolutions dated April 3, 1978, and November 20, 1978, approved rezoning of the subject property to P-1 and approved the development plan and plat of Phase I subject to and on condition that the Developer enter into this agreement. (3) The approval of Phase I necessitated the vacation of West 68th Street from Nez Perce west to County Road No. 17. The City Council held a public hearing on May 1, 1978, to consider public comment on said vacation. The City Council, by its resolution dated May 1, 1978, approved the vacation of that portion of West 68th Street which lies westerly of N.ez Perce and easterly of County Road No. 17. B. Phase II (1) The City Planning Commission held a public hearing on February 14, 1979 to consider public comment on the development plan and plats of Phase II. (2) The City Council, by its resolutions dated April 23, 1979 and July 2, 1979, approved the development plan and plats of Phase II subject to and on condition that the Developer enter into this agreement. 1.04 Definitions. For purposes of this contract, certain terms and words are defined as follows: Duplex - A single building containing two separate single-family dwelling units, each dwelling unit separated from the other by a common wall with no openings and extending from basement floor to roof; each dwelling unit being constructed upon a separate platted lot. Quadraminium - A single building containing four separate single-family dwelling units separated from the others by a common wall with no openings and extending from basement floor to roof; each dwelling unit being constructed upon a separate platted lot. -2- M Phase I - The plat of Chaparral, sometimes referred to as Chaparral lst Addition, consisting of 95 single family detached dwelling residential lots, and three Outlots 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 Outlots B and C, plat of Chaparral, into 162 building sites as follows: Number of Number of Buildings Dwelling Units Single Family detached . buildings 74 74 Duplexes 49 98 Quadraminiums 39 156 Total: 162 328 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 J[2.06 below: a. Street grading, stabilizing, and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. Water mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding or seeding; h. Driveway surfacing within the public street right of way; i. Underground utility lines; and j. Street lighting. 2.02 Standards of Construction. 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. -3- M Rev. 10/12/79 CMM 2.03 Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. 2.04 Construction Traffic. All traffic of equipment, supplies, etc., relating to the construction and installation of the improvements described in 112.01 above shall be limited to the use of MSAS 101, a/k/a Kerber Blvd. 2.05 Schedule of Work. The Developer agrees that it shall have all work done and the improvements described in 112.01 above fully completed to the satisfac- tion and approval of the City on or before , 19 The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this con- tract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City, in its discretion, may -extend the date hereinbefore specified for completion. 2.06 Plans. Specifications and Easements. A. Phase I - Plans and Specifications. The Developer certifies that its plans and specifica- tions for the installation of roads, curb, gutter; sanitary sewer, water and storm sewer facilities, including its final grading plan for Phase I, are in substantial accord with the proposed plans thereof prepared by James R. Hill, Inc., and dated January 6, 1978, with the following modifications: i. Street rights of way within the plat have been reduced to fifty (50) feet. ii. The entire subdivision pattern has been shifted thirty (30) feet in an easterly direction. iii The surface water drainage plan has been approved by the Riley Purgatory Creek Watershed District Board of Manager. iv. The street naming plan precludes the possibility of confusion with existing street names. V. All plans and specifications have been approved by the City Engineer. -4- "-1 B. Phase II - Plans and Specifications. Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of roads, curb, gutter, sanitary sewer, water, and storm sewer facilities, including a.final grading plan for Phase II. Said plans, specifications are to }fie in substantial a cord ef3,u with the �el�-'_cr_.. +� ' an dated . �. ,,,�� 2 . / J7Y _ �� �f l9 7 approved by the Chanhassen City Council on April 23, 1979 with the following modifications: i. All erosion control measures shall be installed prior to commencement of land alteration and shall be main- tained until the altered areas on the subject property have been restored. ii. The sedimentation/storage basin in the park area of Phase II shall be constructed during initial stages of, grading operations and be functional during site grading. iii Basement floor elevators for all lots abutting on the Phase II sedimentation/storage basin shall have an elevation of not less than 861 feet. iv. All altered areas shall be restored with seed and mulch, sod or hard surfaces within thirty (30) days after completion of land alteration. V. One quadraminium (i.e. four residential units) shall be eliminated''onthe southwesterly or outside perimeter of the "third phase?' as shown on the preliminary plat dated March 23, 1979, as revised April 12, 1979. vi. One duplex (i.e. two residential units) shall be eliminated on the southerly perimeter of the "second phase" as shown on the preliminary plat dated March 23, 1979, as revised April 12, 1979. vii One duplex unit shall be eliminated on the west side of the easterly through street in the "second phase" as shown on the preliminary plat dated March 23, 1979, as revised Apr 1� 7 � �� viii � All street ' �•• -d owhich abut duplex and quadr a- minium building sites shall be thirty-two (32) feet in width. ix. The surface water drainage plan shall be approved by the Riley Purgatory Creek Watershed District Board of Managers. X. The Developer, in conjunction with the building inspector, shall develop a street naming plan which precludes the possibility of confusion with existing street names. xi. All plans and specifications shall be subject to the final approval of the City Engineer. C. As -Built Plans. Upon completion of construction, the Developer shall cause its engineers to prepare and file with the City "as built" plans showing the installation of the foregoing facilities within Phase I and Phase II. -5- D. Easements. The Developer, at its expense, shall acquire all easements from abutting property owners necessary to 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 Drivew 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. 2.10 Street Lighting The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after 500 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. Rev. 10/12/79 CMM 2.11 Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 2.12 Conveyance of Improvements. Upon completion of the installation by the Developer of the improvements set forth in 1[2.01 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 2.13 Building Permits and Occupancv Permits. Prior to completion of the grading and placement of rock stabilizing materials for road construction within each plat, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for residential construction within such plat upon payment of all fees and charges applicable to the issuance of permits. The occupancy of any structure within said plats for residential pur- poses shall be prohibited by the City until the rock stabilizing base of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 2.14 One Year Guarantee of Work All work and materials performed and furnished by the Developer, its agents and subcontractors pursuant to 112.01 above, which is found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. SECTION 3. Status of Special Assessments for Previous Public Improvement Projects. 3.01 Developer Acknowledges Special Benefit The Developer acknowledges that Phase I and Phase II derive "special benefit," as that term is defined by present case law under Chapter 429 of Minnesota Statutes, from the sewer lift station facilities, trunk and lateral sanitary sewer facilities, and trunk and lateral water facilities which were constructed as a part of Chanhassen Improve- ment Project 75-2 (Carver Beach Project) and as a part of Chanhassen Improvement Project 75-3 (Greenwood Shores Project). The Developer acknowledges that the amount of such special benefit is not less than the sum of the following amounts: -7- 1[E_ V. 1 U j G. 1 i :i ..1%: l 1. The amount of the Phase I levied assessments. 2. The amount of the Phase I deferred assessments. 3. The amount of the Phase II levied assessments. 4. The amount of the Phase II deferred assessments. 3.02. Definitions. For purposes of Section 3 of this contract, certain terms and words are defined as follows: A. Phase I Levied Assessments: Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota. Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assessment district. Said assessments represent special benefit to said portion of Phase I. The Phase I levied assessments total $58,893.00, computed as follows: (1) Project 75-2 Lateral Sewer Units Lateral Water Units Area Assessment Trunk Sewer Units Trunk Water Units Preliminary Subtotal: 5 at $2,765.00 5 at $1,486.00 272,000 S.F. at .10/S.F. 5 at $458.00 5 at $544.00 $13,825.00 7,430.00 27,200.00 2,290.00 2,720.00 $53,465.00 Plus amount erroneously included in assess- ment amortization schedule adopted by City for certification to Carver County Auditor in October, 1976: 2,000.00 Subtotal: $55,465.00 (2) Project 75-3 Lateral Sewer Units 2 at $1,714.00 3,428.00 Subtotal: $ 3,428.00 TOTAL PHASE I LEVIED ASSESSMENTS: $58,893.00 no B. Phan --I-Deferred Assessments: Those assessments heretofore not actually levied by the Chan- hassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent previously un- assessed special benefit to said portion of Phase I, and said assessments are now due and payable as hereinafter set forth. The Phase I Deferred Assessments total $104,686.00, computed as follows: (1) Project 75-2 Lateral Sewer Units 6 at $2,765.00 16,590.00 Lateral Water Units 6 at 1,486.00 8,916.00 Trunk Sewer Units 88 at $458.00 40,304.00 Trunk Water Units 88 at $544.00 47,872.00 Credit for street area overassessments: 90,000 S.F. (i.e. 272,000 S.F. less 182,000 S.F.) at $.10/S.F. (9,000.00) Preliminary Subtotal: $104,682.00 Credit for amount erroneously included in assess- ment amortization schedule adopted by City for certification to Carver County Auditor 10/76 (2,000.00) Subtotal: $102,682.00 (2) Project 75-3 Trunk Sewer Units 2 at $458.00 916.00 Trunk Water Units 2 at $544.00 _ 1,088.00 Subtotal: 2,004.00 TOTAL PHASE I DEFERRED ASSESSMENTS: $104,686.00 C. Phase I Assessments: The sum of the amount of Phase I Levied Assessments and the amount of Phase I Deferred Assessments, i.e., $163,579.00. D. Phase II Levied Assessments: Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota Sta- tutes, against that portion of Phase II lying within the Project 75-2 assessment district.and the Project 75-3 assess- ment district. Said assessments represent special benefit to said portion of Phase II. The Phase II levied assessments total $73,574.00, computed as follows: (1) _Project 75-2 Lateral Sewer Units Lateral Water Units Trunk Sewer Units Trunk Water Units Subtotal: 2 at 2,063.00 4,126.00 2 at 1,156.00 2;312.00 2 at 458.00 916.00 2 at 544.00 1.088.00 $8,442.00 3.021. Rev. 10/12/79 CMM (2) Projecc 75-3 Lateral Sewer Units 38 at 1,714.00 65,132.00 TOTAL PHASE II LEVIED ASSESSMENTS: :$7.3,574.00 E. Phase II Deferred Assessments: Those assessments heretofore not actually levied by the Chanhassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase II lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent previously unassessed special benefit to said portion of Phase II, and said assess- ments are now due and payable as hereinafter set forth. The Phase II Deferred Assessments total $319,618.00, computed as follows: (1) Project 75-2: 0 (2) Project 75-3: Lateral Sewer Units 8 at 1,714.00 13.,712.00 Trunk Sewer Units 328 at 458.00 150,224.00 Trunk Water Units 328 at 544.00 178,432.00 342,368.00 Credit for oversizing Kerber Drive watermain: (22,750.00) Sub -total: 319,618.00 TOTAL PHASE II DEFERRED ASSESSMENTS: $319,618.00 F. Phase TI Assessments: The sum of the amount of the Phase II Levied Assessments and the amount of the Phase II Deferred Assessments, i.e.. $393,192.00 Payment of Phase I Assessments. A. Interest Rate and Credit for Prior Payments. The Phase I assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7.5% per annum, as if fully levied by a resolution of the Chanhassen City Council on October 1, 1976, pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of prinicpal and interest against the Phase I1,Levied Assessments: Year of Payment 1977 1978 1979 Principal Paid 3,697.67 3,697.67 3,697.67 aim Interest Paid 5,199.85 3,882.55 3,605.23 Rev. 10/27/79 CMM The amounts described in the preceedii,g sentence shall be a credit against the amounts of principal and interest respectively due and owing on the Phase I Levied Assessments. B. Regular Payment Schedule for Phase I Assessments. After credit is given to the Developer for the payments described in the preceeding sentence, the total of the Phase I Assessments, after having been spread equally among the ninety-five (95) lots in Phase I, shall be paid by the Developer in one lump sum installment, which shall be due and payable on July 1, 1982. C. Status of Prior Prepayments. Prior to the date of this contract, the Developer, with the consent of the City, has made certain estimated payments of Phase I Assessments for the purpose of facilitating the closing of the sale of certain lots in Phase I. The excess, if ahy, of 1/95 of the amount of the Phase I Assess- ments, together with accrued interest thereon, over the amount of each such prepayment shall be paid by the Developer to the City within thirty (30) days of the date of this contract. The excess, if any, of any such prepayment shall be credited first against accrued interest and then against the outstanding principal balance of the Phase I Deferred Assessments. D. Optional Prepayment. The Developer shall have the right and privilege, at any time, to prepay the full amount of any Phase I Assessments on any lot, in the manner set forth in §3.05(A) below. 3.03 Payment of Phase II Assessments. A. Phase II Assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7.5% per annum, as if fully assessed by a resolution of the Chanhassen City Council on October 1, 1976, pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of principal and interest against the Phase II Levied Assessments: Year of Principal Pd. Principal Pd. Payment Proj. 75-3 Proj. 75-2 1977 4,570.67 1978 4,570.67 1979 4,570.67 13,712.01 562.80 562.80 562.80 1,688.40 -11- Int . Pd. Int. Pd. Proj. 75-3 Proj. 7` 6,427.51 791.44 4,799.19 590.94 4,456.39 548.74 15,683.09 17S3 1 ...12 �.,� ...., .., ...emu. 3.05 The amounts described in the preceeding sentence shall be a credit against the amount of principal and interest respec- tively due and owing on the Phase II Levied Assessments. B. Pa--ment Schedule for Phase II Assessments. After credit is given to the Developer for the payments described in §3.03(A) above, the total of the Phase II Assessments, after having been spread equally among the 328 lots in Phase II, shall be paid by the Developer in one lump sum installment, which shall be due and payable on July 1, 1982.. C. Status of Prior Payments. Prior to the date of this contract, the Developer, with the consent of the City, has made certain estimated payments of Phase II assessments for the purpose of facilitating the closing of the sale of certain lots in Phase II. The excess, if any, of 1/328 of the amount of the Phase II Assessments, together with accrued interest thereon, over the amount of each such prepayment, shall be paid by the Developer to the City within thirty (30) days of the date of this contract. D. Optional Prepayment. The Developer shall have the right and privilege, at any time, to prepay the full amount of any Phase II assessment on any lot, in the manner set forth in §3.05(B) below. Mandatory Prepayment and Tax Certification. A. Lots in Phase I. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase I, the payment of Phase I Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase I shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which said structure has been erected. The term "all unpaid ' special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Commission; and (3) any Phase I Assessments then outstanding against such lot, including accrued interest computed as set forth in §3.021(A) above. OWAI Rev. 10/27/79 B. Lots in Phase II. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase II, the payment of the Phase II Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase II shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which said structure has been erected. The term "all unpaid special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Commission; and (3) anv Phase II assessments then outstanding against such lot, including accrued interest computed as set forth in §3.03 (A) above. C. City May Certify Assessments to Auditor. In the event that the Developer shall fail to pay, when due as provided hereunder, the full amount of the Phase I Assessments or the Phase II assessments then outstanding against any lot in Phase I or Phase II, the City, at its option, may certify the amount of such default, together with accrued interest thereon, to the Carver County Auditor for collection with the real estate taxes due and payable in the following calendar year as to any lot or lots then owned by the Developer, its successors or assigns. Any such certification shall not have the effect of limiting the City's other remedies under §6 of this contract. -13- Rev. 10/12/ 79 CMM 3.06 Developer Waives Public Hearing and Right of Appeal. The Developer waives its right to public hearing under §429.061 and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Phase I Deferred Assessments and the Phase II Deferred Assessments. SECTION 4. Municipal Disclaimers. 4.01. No Liability to Suppliers of Labor or Material. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contrac- tors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disburse- ments, and expenses of defending the same. 4.02. Written Work Orders. Except for the Developer's reasonable construction costs incurred in oversizing that portion of Kerber Boulevard located within the Subject Property beyond the City's twenty-eight (28) foot width standard, the Developer shall do no work nor furnish materials, whether covered or not covered by the plans and specifications, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. ANy such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. SECTION 5. Miscellaneous Terms and Conditions. 5.01. Restrictive Covenants. Any proposed covenants or restrictions to be placed upon the lots in the subject plats shall be approved by the City Attorney prior to recording with the County Recorder or Registrar of Titles. 5.02. Liability Insurance. The Developer shall take out and maintain so long as the Developer's obligations under 11112.01 and 2.14 above continue, public liability and property damage insurance covering personal injury, -14- including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,.000 for each accident. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. 5.03. Landscaping and Location of Structures. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developer or their assigns prior to issuance of building permits, subject to the following standards and conditions: a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City Staff and Developer or their assigns, the City shall have the right, at the expense of the Developer or its assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation con- sultant, and others, to advise as to specific problems. C. Developer shall prepare and submit to the City for its approval a landscape plan for the screening and buffering of the lots abutting CSAH 17 and MSAS 101. Said landscape plan may incorporate earth berms, plant materials and fences. 5.04 Tree Removal Restrictions The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. 5.05 Site Drainage, Waterproofing, and Footing Drains Individual site drainage, basement waterproofing and footing drains for each residential structure shall be installed when necessary or appropriate. -15- 5.06 Trees to be Provided. The Developer shall provide each single family detached dwelling, each duplex, and each quadraminium with one boulevard tree of species acceptable to the City Forester and of a diameter of not less than 1-1/2 inches. In the case of corner lots, one such tree shall be furnished for each street frontage. 5.07. Easements to be Shown on Plat. Easements for drainage, access to storm water holding ponds utility easements shall be shown on 5.08 No Variances. st(�irm water holding ponds, City for maintenance purposes, and all final plats. The Developer acknowledges that the.City has approved the subject plats with the understanding that the Developer has thoroughly studied lot configurations depicted on the subject plat and that the Developer is satisfied that no variances from the following standards will b e necessary: a. front yard setback: 30 feet b. side yard setback: 10 feet C. rear yard setback: 30 feet. 5.09 Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it is fee owner of the subject property. 5.10 Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communi- cations to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager -16- To the Developer: Dunn & Curry Real Estate Management, Inc 4940 Viking Drive Edina, MN 55435 New Horizon Homes, Inc. 3131 Fernbrook Lane North Plymouth, MN 55441 5.11 Successors and Assigns. This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agreement, express or implied, shall give to any person, other than the parties hereto, and their respective successors and assigns hereunder, any benefit or other legal or equit- able right, remedy or claim under this agreement. 5.12 Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 5.13 Execution of Counterparts. This agreement may be simultaneously executed in several counterparts,each of which shall be an original, and all of which shall constitute but one and the same instrument. 5.14 Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 5.15 Phase I - Final Plat The Developer's final plat for Phase I shall conform to its approved preliminary plat as prepared by James R. Hill, Inc., and dated January 6, 1978, with the following modifications: a. Street rights of way within the plat shall be reduced to fifty (50) feet in width. b. The entire subdivision pattern shall be shifted thirty (30) feet in an easterly direction. C. The number of lots in Block 3 shall be reduced from thirty (30)-lots to a maximum of twenty-eight (28) lots. d. The number of lots in the northerly half of Block 1 shall be reduced from six (6) lots to a maximum of five (5) lots. -17- 5.16 Phase II - Final Plat ffhe Developer's Phase II final plats shall conform to its dated j; / ,;y, approved by the Chan- hassen City Council on April 23, 1979, with the modification described in 112.06(B) above. 5.17 Storaqe of Recreational Vehicles. The outside storage or outside parking of recreational equipment is prohibited upon all lots within Phase II, except those lots upon which a single family detached dwelling has been constructed. For the purpose of this 115.17, recreational equipment is defined as including the following: a. Any boat or canoe, b. any snowmobile, C. any all -terrain vehicle which is not licensed for use upon the public highways, d. trailers for the transportation of the foregoing, e. any vehicle, either self-propelled or capable of being towed, and designed, constructed, or used to provide temporary movable living quarters for recrea- tional use. Subject to the provisions of applicable City ordinances, nothing in this 115.17 shall be deemed to limit the parking or storage of recrea- tional equipment upon those lots in Phase_I and Phase II upon which single family detached dwellings have been constructed. The . Developer agrees to encumber his title to the subject property with restrictive covenants which prohibit the types of storage and parking which are proscribed in this 115.17. Said covenants shall be recorded in the office of the Carver County Recorder contemporaneously with the filing of the Phase II plats in said office. 5.18 Tool Sheds. No detached storage structure, such as tool sheds or storage sheds, shall be constructed or used upon any lot in Phase II upon which has been constructed a duplex or a quadraminium. The Developer agrees to encumber his title to the subject property with restrictive covenants which prohibit the types of structures which are proscribed in this 115.18. Said covenants shall be recorded with the Carver County Recorder contemporaneously with the filing of the Phase II plats in said office. 5.19 Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the -text of this contract, and shall not influence its construction. Rev. 10/12/79 CMM 5.20 Sign Plan. Signs for the purpose of advertising the subject property may be erected in accordance with the Developer's sign plan approved by the City Council on June 4, 1979. Upon application of the Developer, said sign plan may be amended by Resolution of the Chan- hassen City Council. SECTION 6. Enforcement Provisions. 6.01 Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in 115.10 above. 6.02 Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developer constructed, installed and furnished as set forth in 112.01 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts: As to Phase I: As to Phase II, 2nd Addition: As to Phase II, 3rd Addition: As to Phase II, 4th Addition: 6.03. Remedies Upon Default. $ l '`i 7 e, 0 - ") 1100 of the amount of the cost of installation of the 3rd Addition improvements described in 112.01 as estimate( by the City Engineers. 110% of the amount of the cost of installation of the 4th Addition improvements described in 112.01 as estimate( by the City Engineers. A. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in 112.01 above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, -19- Rev. 10/27/79 in which ise the Developer agrees ' pay the entire amount of the as.=�essntent soli pertaining t1L any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the subject property for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requiremenst to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. B. Performance Bond. In addition to the foregoing, the City may also institute. legal action against the Developer and the corporate surety or, its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the.construction of the improvements described in §2.01 above; and (2) the cost of curing any other default by the Developer in its performance of any of the covenants and agreements contained herein; and (3) the full amount of any Phase I assessments or Phase II assessments for which payment shall not have been timely received by the City as provided in §3 of this contract; and (4) the cost of reasonable engineering, legal, and adminis- trative expense incurred by the City in enforcing and administering this contract. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. NEW HORIZON HOMFS,-INC. DUNN & CURRY REAL ESTATE MANAGEMENT, INC. By By -- - Its -- -- Its - — --- - -- --- -- -- — --- And And Its ---- -- ----- -- Its -- -- CITY OF CHANHASSEN By Its Mayor And Its City Manager -20- STATE OF MINNESOTA ss. COUNTY OF CARVER On this day of 1979, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of NEW HORIZON HOMES, INC., and that the seal affixed to said instrument is the corporate seal of said corpora- tion, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF CARVER Notary Public On this day of , 1979, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of DUNN & CURRY REAL ESTATE MANAGEMENT, INC., and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed.and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF CARVER Notary Public On this day of , 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public -21- _--- ab'r'' �-�� �,�_. ^� '�•� --mot 1•rN''`j,�,T�J 'I 1 ! f 1 � t b -- • i � - I �I►�`i r ) jj CL iU tii xXl d -� NIX -gag {D Y :c cnej s p. '1 �1 EEE ��..�..�.s_..�-,. b r...c: ;;tea• _ a-�..�f�•-.�5a�&ta.: '� R.3•s�.ae...a.ais�e� ��i,s��a '•�.' i� ,t {���.�.K �.i;., t ��.•.�n� �?'; •s � ` ... _"`a-.� .... .. .. sue`-• `ems A'i�. - WILLIA=NDaLL H :C OIS1T t(p I,OCIVIL [N47T1 ORDER NO. R7�Q SCHOtL_Lr MAOsON. inlC_ Y1LA CAR Llt►L4 MAprt„y MINN. ND. 73ii ENGINEERS & SURVEYOp9 FtEQl9TERiE0 LAN, 9URVl:Y1 IN, Cl. OA X. 9 > s W lr, MD. S•it7i SO NINTH AVLiNUC SOUTH MI►IN. .00. •77♦ /LO r/DA ND, 9,27t KI HOPN9, MINNE!SOTA 553A3 IN OAK. , I NO. DAK. ii� "COOT. O+q. frli•K PI -I OI�s Der-76O1 IOwA 7.1 q, illy ►+D. OAI(. ��{a�� �y�..• 11p� ltw_.y. �1y 1 1 On1 D E S,S C y'7 I PTi 0 MDYT. NOS tiJ�•! Revised Kong CITY OF CHANHASSEit 2-13-76 CA;?VER BEACH AREA SANITARY SEDER AND UATERMA ;;S 42) (Continued) Pl 7/2, Sec. 12 Carver and State of Minnesota, and running thence South 750 07A. 00" tlest Torrens a distance of 3.240 feet to the point of intersection of tangents of a curve Ctf. No. with a radius of 278.141 feet swinging westerly and at the centerline of Dogwood Road of 7001 the aforesaid "Map of Carver Beach"; thence North 650 201 00" ldest along the - tangent of the same curve a distance of 29.336 feet to a point in the same said tangent; thence South 240 401 00" best a distance of 10 feet, plus or minus, to a point on the Southerly side of said Dogwood Road, thence along the Southerly side of Dogwood Road, the following courses and distance:: Westerly, aloe a curve with a radius of 298.147 feet, a distance of approximately 75 feet to a concrete monument on the ground; thence North 650 201 00" West 740.284 feet to a point of curve;. thence along this curve which has a radius of 609.922 feet, a distance of 246.849 feet to a point of tangent; thence north 880 311 20" 1-lest a distance of 631.913 feet to a point on the southerly line of said Dogwood Road where the same intersects with an extension of the East line of Highland Drive, as the same is shown on said Carver Beach Liao, said point being the point of beginnin of this description; thence running South at an angle of 93 22' on an extension of said East line of said Highland Drive 170.34 feet to a point on said extension line; thence running East: at an angle of 860 381 parallel to the South line of said Do wood Road, 145.41 feet to -a point; thence Worth at an angle of 9. 170.05 , feet to a point on the South line of said Dogwood Road, which said point is 135.41 feet from the point of beginning, thence ldest at an angle of 900, 135.41 feet to the place of beginning. Said temporary easement being 30.00 feet to the right of the following described line and said perpetual easement being 14.00 feet to the right of the following described line. Beginning at the intersection o, the northerly line of Dogwaocf Road as dedicated in Carver -Beach, according to the recorded plat thereof and the westerly line of Lakevie,4 Drive (now known as Kiowa Avenue) as dedicated in said plat; thence on an assumed bearing of South 22 degrees 21 Dinutes 40 seconds East, along the southerly extension of the (westerly line of said Lakeview Drive, to the southerly line of said Dogwood Road; thence continuing South 22 degrees 21 minutes 40 seconds East, along said southerly extension a distance of 260.07 feet; thence South 1 degree 28 minutes 40 seconds 'lest a distance of 296.67 feet and said line there tem, inating. r CITY OF CHANHASSEN PLANNED RESIDENTIAL DEVELOPMENT CONTRACT PLAT OF CHAPARRAL AND CHAPARRAL 2nd, 3rd AND 4th ADDITION THIS AGREEMENT, Made and entered into this day of 1979, by and between DUNN AND CURRY REAL ESTATE MANAGEMENT, INC., and NEW HORIZON HOMES, INC., (hereinafter referred to collectively as the Developer), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein contained, recite and agree as follows: SECTION 1. Recitals 1.01 Preliminary Development Plans and Preliminary Plats - Chaparral Phase I and Chaparral Phase II The Developer is the owner of a tract of land lying within the City, as more particularly described on Exhibit A attached hereto and made a part hereof (hereinafter the* Subject Property). The Developer has heretofore made application to the City under the City Zoning Ordinance for the approval of a P-1 Planned Residential District encom- passing all of the subject property in.two separate phases and four separate plats. The first of said phases was designated heretofore "Carver's Pointe - Chanhassen Lakes North". Subsequently, the Developer,. with the consent of the'City, changed the name of said phase to "Chaparral The terms Phase I and Phase II are defined for purposes of the agreement in section 1.04 herein below. 1.02 Ownership Interests The ownership interests of the tract of land comprising Phase I and Phase II are as follows; 1. Dunn & Curry Real Estate Management, Inc., a Minnesota corporation, fee owner; 2. Northwestern National Bank of Hopkins, a United States,. of America Corporation, mortgagee; 3. 'Chanhassen 334, a Minnesota Limited Partnership; fee owner; 4. Home Federal Savings and Loan Association, a United States of America Corporation, mortgagee; 5. Kindem Millwork Company, a Minnesota Corporation, mortgagee; -1- 6. New horizon Homes, Inc., a Minn�__.ota corporation, contract for deed purchaser. 1.03. Plan Approval Chronology A. Phase I (1) The City Planning Commission held a public hearing on March 8, 1978, to consider public comment on the development plan, plat, and rezoning of Phase I. (2)- The City Council, by its resolutions dated April 3, 1978 and November 20, 1978, approved rezoning of the subject property to P-1 and approved the development plan and plat of Phase I subject to and on condition that the Developer enter into this agreement. (3) The approval of Phase I necessitated the vacation of West 68th Street from Nez Perce west to County Road No. 17. The City Council held a public hearing on May 1, 1978, to consider public comment on said vacation. The City Council, by its resolution dated May 1, 1978, approved the vacation of that. portion of West 68th Street which lies westerly of Nez Perce and easterly of County Road No. 17. B. Phase II (1) The City Planning Commission held a public hearing on February 14, 1979 to consider public comment on the development plan and plats of Phase II. (2) The City Council, by its resolutions dated April 23, 1979 and July 2, 1979, approved the development plan and plats of Phase II subject to and on condition that the Developer enter into this agreement. 1.04 Definitions. For purposes of this contract, certain terms and words are defined as follows: Duplex - A single building containing two separate single-family dwelling units, each dwelling unit separated from the other by a common wall with no openings and extending from basement floor to roof; each dwelling unit being constructed upon a separate platted lot. Quadraminium - A single building containing four separate single-family dwelling units separated from the others by a common wall with no openings and extending from basement floor to roof; each dwelling unit being constructed upon a separate platted lot. -2- Phase I - The plat of Chaparral, sometimes referred to as Chaparral lst Addition, consisting of 95 single family detached dwelling residential lots, and three Outlots 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 Outlots B and C, plat of Chaparral, into 162 building sites as follows: Number of Number of Buildings Dwelling Units Single Family detached buildings Duplexes Quadraminiums Total: 74 74 49 98 39 156 162 328 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 Q2.06 below: a. Street grading, stabilizing, and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. Water mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding or seeding; h. Driveway surfacing within the public street right of way; i. Underground utility lines; and j. Street lighting. 2.02 Standards of Construction. The shall equal or in accordance City Engineers standards, an and approval o Developer agrees that exceed City standards, with engineering plans and the requirements c d that all of said work f the City Engineers. all of the foregoing improvements shallbe constructed and installed and specifications approved by the f applicable City ordinances and shall be subject to the inspection -3- Rev. 10/12/79 CMM 2.03 Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. 2.04 Construction Traffic. All traffic of equipment, supplies, etc., relating to the construction and installation of the improvements described in 12.01 above shall be limited to the use of MSAS 101, a/k/a Kerber Blvd. 2.05 Schedule of Work. The Developer agrees that it shall have. all work done and the improvements described in 112.01 above fully completed to the satisfac- tion and approval of the City on or before 19 The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this con- tract, which schedule shall be a part of this contract. Upon.receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefor.e specified for completion. 2.06 Plans, Specifications and Easements. A. Phase I - Plans and Specifications. The Developer certifies that its plans and specifica- tions for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including its final grading plan for Phase I, are in substantial accord with the proposed plans thereof prepared by James R. Hill, Inc., and dated January 6, 1978, with the following modifications: i. Street rights of way within the plat have been reduced to fifty (50) feet. ii. The entire subdivision pattern has been shifted thirty (30) feet in an easterly direction_ iii The surface water drainage plan has been approved by the Riley Purgatory Creek Watershed District Board of Manager. iv. The street naming plan precludes the possibility of confusion with existing street names. V. All plans and specifications have been approved by the City Engineer. -4- B. Phase II - Plans and Specifications. Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of roads, curb, gutter, sanitary sewer, water, and storm .sewer facilities, including a final grading plan for Phase II. Said pla�}S s .cations are to be n substantial accord A o.. with the r ' dated approved by the Chanhassen City Council on'April 23, 1979 with the following modifications: i. All erosion control measures shall be installed prior to commencement of land alteration and shall be main- tained until the altered areas on the subject property have been restored. ii. The. sedimentation/storage basin in the park area of Phase II shall be constructed during initial stages of grading operations and be functional during site grading. iii Basement floor elevators for all lots abutting on the Phase II sedimentation/storage basin shall have an elevation of not less than 861 feet. iv. All altered areas shall be restored with seed and mulch, sod or hard surfaces within thirty (30) days after completion of land alteration. V. One quadraminium (i.e. four residential units) shall be eliminated :.on the southwesterly or outside perimeter of the "third phase" as shown on -the preliminary plat dated March 23, 1979, as revised April 12, 1979. vi. One duplex (i.e. two residential units) shall be eliminate on the southerly perimeter of the "second phase" as shown on the preliminary plat dated March 23, 1979, as revised April 12, 1979. vii One duplex unit shall be eliminated on the west side of the easterly through street in the "second phase" as shown on the preliminary plat dated March 23, 1979, as revised Ap 1 12,.i9 S _ `�'k;r`'''��9--- which abut duplex and uadr a- viii All street y p q minium building sites shall be thirty-two (32) feet in width. ix. The surface water drainage plan shall be approved by the Riley Purgatory Creek Watershed District Board of Managers. X. The Developer, in conjunction with the building inspector, shall. develop a street naming plan which precludes the. possibility of confusion with existing street names.' xi. All plans and specifications shall be subject to the final approval of the City Engineer. C. As -Built -Plans. - Upon completion of construction, the Developer shall cause its engineers to prepare and file with the City "as built" plans showing the installation of the foregoing facilities within Phase I and Phase II. all: D. Easements. The Developer, at its expense, shall acquire all easements from abutting property owners necessary to 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 12.06 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. 2.10 Street Lighting The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after 500 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. Rev. 10/12/79 CMM 2.11 Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 2.12 Conve,.,,ance of Improvements. Upon completion of the installation by the Developer of the improvements set forth in 112.01 hereof in accordance with the" plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 2.13 Building Permits and Occupancy Permits. Prior to completion of the grading and placement of rock stabilizing materials for road construction within each plat, the City Building Inspector, upon the.approval of the City Manager, shall be authorized to issue building permits for residential construction within such plat upon payment of all fees and charges applicable to the issuance of permits. The occupancy of any structure within said plats for residential pur- poses shall be prohibited by the City until the rock stabilizing base of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 2.14 One Year Guarantee of Work All work and materials performed and furnished by the Developer, its agents and subcontractors pursuant to 112.01 above, which is found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense_ SECTION 3. Status of Special Assessments for Previous Public Improvement Projects. 3.01 Developer Acknowledges Special Benefit The Developer acknowledges that Phase I and Phase II derive "special benefit," as that term is defined by present case law under Chapter 429 of Minnesota Statutes, from the sewer lift station facilities, trunk and lateral sanitary sewer facilities, and trunk and lateral water facilities which were constructed as a part of Chanhassen Improve- ment Project 75-2 (Carver Beach Project) and as a part of Chanhassen Improvement Project 75-3 (Greenwood Shores Project)- The Developer acknowledges that the amount of such special benefit is not less than the sum of the following amounts: arm 1. The amount of the Phase I levied assessments. 2. The amount of the Phase I deferred assessments_ 3. The amount of the Phase II levied assessments. 4. The amount of the Phase II deferred assessments_ 3.02. Definitions. For purposes of Section 3 of this contract, certain terms and words are defined as follows: A. Phase -I Levied Assessments_ Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota- Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assessment district. Said assessments represent special benefit to said portion of Phase I. The Phase I levied assessments total $58,893.00, computed as follows: (1) Project 75-2 Lateral Sewer Units Lateral Water Units .Area Assessment Trunk Sewer Units Trunk Water Units 5 at $2,765.00 5 at $1,486_00 272,000 S.F. at .10/S.F. 5 at $458.00 5 at $544.00 $13, 825.00 7,430.00 27-,200.00 2,290.00 2,720.00 Preliminary Subtotal: $53,465.00 Plus amount erroneously included in assess- ment amortization schedule adopted by City for certification to Carver County Auditor 2,000.00 in October, 1976: _- Subtotal: $55,465_00 (2) Project 75-3 Lateral Sewer Units 2 at $1,714_00 _ 3,428.00 Subtotal: $ 3,428.00 TOTAL PHASE I LEVIED ASSESSMENTS: $58,893.00 II_ Phase I Deferred Assessments: Those as.:assments heretofore not a, _ tally levied by the Chan- hassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent previously un- assessed special benefit to said portion of Phase I, and sai� assessments are now due and payable as hereinafter set forth. The Phase I Deferred Assessments total $104,686.00, computed as follows: (1) Project 75-2 Lateral Sewer Units 6 at $2,765-00 16,590.00 Lateral Water Units 6 at 1,486-00 8,916.00 Trunk Sewer Units 88 at $458-00 40,304_00 Trunk Water Units 88 at $544.00 47,872.00 Credit for street area overassessments: 90,000 S.F. (i.e. 272,000 S.F. less 182,000 S.F.) at $.10/S.F. (9,000.00) Preliminary Subtotal: $104,682.00 Credit for amount erroneously included in assess- ment amortization schedule adopted by City for certification to Carver County Auditor 10/76 (2,000.00) Subtotal: $102,682.00 (2) Project 75-3 Trunk Sewer Units 2 at $458.00 916.00 Trunk Water Units 2 at $544.00 1,088.00 Subtotal: 2,004_00 TOTAL PHASE I DEFERRED ASSESSMENTS: $104,686.00 C. Phase I Assessments: The sum of the amount of Phase I Levied Assessments and the amount of Phase I Deferred Assessments, i.e., $1 63,579.00- D. Phase II Levied Assessments: Those assessments levied by the Chanhassen City Council oxz October 6, 1976, pursuant to Chapter 429 of Minnesota Sta- tutes, against that portion of Phase II lying within the Project 75-2 assessment district.and the Project 75-3 assess ment district. Said assessments represent special benefit to said portion of Phase 11. The Phase 11 levied asses'sment total $73,574.00, computed as follows: (1) Project 75-2 Lateral Sewer Units 2 at 2,063-00 4,126-00 Lateral Water Units 2 at 1,156-00 2;312_00 Trunk Sewer Units 2 at 458.00 916.00 Trunk Water Units 2 at 544.00 1,083.00 Subtotal: $8,442.00 WE _ o (2) Pro j t 75-3 Lateral Sewer Units .ev. 10/12/79 CMM 38 at 1,714.00 65,132.00 3.021. TOTAL PHASE II LEVIED ASSESSMENTS: $73, 574. 00 E. Phase II Deferred Assessments: Those assessments heretofore not actually levied by the Chanhassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase II lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent previously unassesse( special benefit to said portion of Phase II, and said assess- ments are now due and payable as hereinafter set forth. The Phase II Deferred Assessments total $319,618.00, computed as follows: (1) Project 75-2: 0 (2) Project 75-3: Lateral Sewer Units 8 at 1,714.00 13,712.00 Trunk Sewer Units 328 at 458.00 150,224.00 Trunk Water Units 328 at 544.00 -178,432.00 342,368.00 Credit for oversizing Kerber Drive watermain: (22,750.00) Sub -total: 319,618.00 TOTAL PHASE II DEFERRED ASSESSMENTS: $319,618.00 F. Phase II Assessments: The sum of the .amount of the Phase II Levied Assessments and the amount of the Phase II Deferred Assessments, i.e. $393,192_t Payment of Phase I Assessments_` A. Interest Rate and Credit -for Prior Payments. The Phase I assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7. 5 per annum, as if fully levied by a resolution of the Chanhassen City Council on October 1, 1976, pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of prinicpal and interest against the Phase I::Levied Assessments: Year of Payment 1977 1978 1979 Principal Paid 3,697.67 3,697.67 3,697.67 -10- Interest Paid 5,199.85 3,882.55 3,605.23 3.03 The amour. described in the preceec ig sentence shall be a credit against the amounts of principal and interest respectively due and owinq on the Phase I Levied Assessments. B. Regular Payment Schedule for Phase I Assessments. After credit is given to the Developer for the payments described in the preceeding sentence, the total of the Phase I Assessments, after having been spread equally among the ninety-five (95) lots in Phase I, shall be paid by the Developer in one lump sum installment, which shall be due and payable on July 1, 1982, C. Status of Prior Prepayments_ Prior to the date of this contract, the Developer, with -the consent of the City, has made certain estimated payments of Phase I Assessments for the purpose of facilitating the closing of the sale of certain lots in Phase I_ The excess, if ariy, of 1/95 of the amount of the Phase I Assess- ments, together with accrued interest thereon, over the amount of each such prepayment shall be paid by the Developer to the City within thirty (30) days of the date of this contract_ The excess, if any, of any such prepayment shall be credited first against -accrued interest and then against the outstanding principal balance of the Phase I Deferred Assessments. D. -Optional Prepayment. The Developer shall have the right and privilege, at any time, to prepay the full amount of a'ny Phase I Assessments on any lot, in the manner set forth in §3_05(A) below_ Payment of Phase I'I Assessments. A:• Phase II Assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7.5% per annum, as if fully assessed by a resglution of the Chanhassen City Council on October 1, 1976, pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of principal and interest against the Phase lI Levied Assessments: Year of Principal Pd. Payment Proj_ 75-3 1977. 4,570.67 1978 4,570.67 1979 4,570.67 13, 1 .01 Principal Pd_ Proj _ 75-2_ 562_80 562.80 562.80 1,688.40 -11- Int_ Pd_ IiZt_ Pi Proj . 75-3 Proj_ 6,427-51 791_44 4,799.19 590.94 4,456,39 548•.74 15,683_09 1,,931_1 The amounts described in the preceeding sentence shall be a credit against the amount of principal and interest respec- tively due and owing on the Phase II Levied Assessments. B. Payment Schedule for Phase II Assessments__ After credit is given to the Developer for the payments described in §3.03(A) above, the total of the Phase II Assessments, after having been spread equally among the 328 lots in Phase II, shall be paid by the Developer in one lump sum installment, which shall be due and payable on July 1, 1982. C. Status of Prior -Payments. Prior to the date of this contract, the Developer, with the consent of the City, has made certain estimated payments of Phase II assessments for the purpose. of facilitating the closing of the sale of certain lots in Phase II. The excess, if any, of 1/328 of the amount of the Phase II Assessments, together with accrued interest thereon, over the amount of each such prepayment, shall be paid by the Developer to the City within thirty (30)-days of the date of this contract- D. Optional_Prepayment. The Developer shall have the right and privilege, at any time, to prepay the full amount of any Phase II assessment on any lot, in the manner set forth in 53.05 (B) below. 3.05 Mandatory Prepayment and Tax Certification. A. Lots in Phase I. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase I., the payment of Phase I Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase I shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which. said structure has been erected. The term "all unpaid ' special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Comnission; and (3) any Phase I Assessments then outstanding against such lot, including accrued interest computed as set forth in 53.021(A) above. -12- B. Lots in Phase -II -.- In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase II, the payment of the Phase II Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase II shall be occupied until the Developer has paid in -full all unpaid special assessments outstanding against the lot on which said structure has been erected_ The term "all unpaid special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the metropolitan Waste Control Commission; and anv Phase II assessments then outstanding against such lot, including accrued interest computed as set forth in §3.03 (A) above. (3) C. City May Certify Assessments to Auditor_ In the event that the Developer shall fail to pay, when due as provided hereunder, the full amount of the Phase I Assessments or the Phase II assessments then outstanding against any lot in Phase I or Phase II, the City, at its option, may certify the amount of such default, together with accrued interest thereon, to the Carver County Auditor for collection with the real estate taxes due and payable in the following calendar year as to any lot or lots then owned by the Developer, its successors or assigns_ Any such certification shall not have the effect of limiting the City's other remedies under §6 of this contract. -13- Rev. 10/12/79 CMM 3.06 Developer Waives Public Hearing and Right of Appeal. The Developer waives its right to public hearing under §429.061 and §429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Phase I Deferred Assessments and the Phase II Deferred Assessments. SECTION 4. Municipal Disclaimers. 4.01. No Liability to Suppliers of Labor or Material._ It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contrac- tors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand,. damages, actions or causes of action of any kind or character arising out of or' by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages,' demands, actions or causes of action arising therefrom and the costs, disburse- ments, and expenses of defending the same. 4.02. Written Work Orders. Except for the Developer's reasonable construction costs incurred in oversizing that portion of Kerber Boulevard located within the Subject Property beyond the City's twenty-eight (28) foot width standard, the Developer shall do no work nor furnish materials, whether covered or not covered by the plans and specifications, for which reimbursement is expected from the -City unless a written order for such work.or materials is received from the City. ANy such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and.Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. 5.01. SECTION 5. Miscellaneous Terms and Conditions. Restrictive Covenants. Any proposed covenants or restrictions to be placed upon the lots in the subject plats shall be approved by the City Attorney prior to recording with the County Recorder or Registrar of Titles. 5.02. Liability Insurance. The Developer shall take out and maintain so long as the Developer's obligations under 11112.01 and 2.14 above continue, public liability and property damage insurance covering personal injury, -14- including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,.000 for each accident. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. 5.03. Landscaping and Location of Structures. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developer or their assigns prior to issuance of building permits, subject to the following standards and conditions: a. Landscaping and location of structures shall take into consideration the preservation of"trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City Staff and Developer or their assigns, the City shall have the right, at the expense of the Developer or its assigns, to engage the services of.the City Engineer, Planner, a landscape architect, a soil conservation con- sultant, and others, to advise as to -specific problems. C. Developer shall prepare and submit to the City for its approval a landscape plan for the screening and buffering of the lots abutting CSAH 17 and MSAS 101. Said landscape plan may incorporate earth berms, plant materials and fences. 5.04 Tree Removal Restrictions The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. 5.05 Site Drainage, Waterproofing, and Footing Drains Individual site drainage, basement waterproofing and footing drains for each residential structure shall be installed when necessary or appropriate. -15- 5.06 Trees -to -be Provided. The Developer shall provide each single family detached dwelling, each duplex, and each quadraminium with one boulevard tree of species acceptable to the City Forester and of a diameter of not less than 1-1/2 inches. In the case of corner lots, one such tree shall be furnished for each street frontage. 5.07. Easements to be Shown on Plat. Easements for drainage, access to storm water holding ponds utility easements shall be shown on 5.08 No Variances.. stcrm water holding ponds, City for maintenance purposes, and all f inal plats. The Developer acknowledges that the City has approved the subject plats with the understanding that the Developer has thoroughly studied lot configurations depicted on the subject plat and that the Developer is satisfied that no variances from the following standards will be necessary: a. front yard setback: 30 feet b. side yard setback: 10 feet C. rear yard setback: 30 feet. 5.09 Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it is fee owner of the subject property. 5.10 Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as' contemplated by this agreement_ Unless otherwise provided by the respective parties, all notices, certificates and communi- cations to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager -16- To the Developer: 5.11 Successors and Assigns. Dunn & Curry Real Estate Management, In 4940 Viking Drive Edina, MN 55435 New Horizon Homes, Inc. 3131 Fernbrook Lane North Plymouth, MN 55441 This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agreement, express or implied, shall give to any person, other than the parties hereto, and their respective successors and assigns hereunder, any benefit or other legal or equit- able right, remedy or claim under this agreement. 5.12 Severabilitv. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 5.13 Execution of Counterparts. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall. constitute but one and the same instrument. 5.14 Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 5.15 Phase I - Final Plat The Developer's final plat for Phase I shall conform to its approved preliminary plat as prepared by James R. Hill, Inc., and dated January 6, 1978, with the following modifications: a. Street rights of way within the plat shall be reduced to fifty (50) feet in width. b. The entire subdivision pattern shall be shifted thirty (30) feet in an easterly direction. C. The number of lots in Block 3 shall be reduced from thirty (30)-lots to a maximum of twenty-eight (28) lots. d. The number of lots in the northerly half I of Block 1 shall be reduced from six (6) lots to a maximum of five (5) lots. -17- 5.16 Phase II - Final Plat ��E4�ryi��►�2y p�+WThe Developer's Phase II final plats shall conform to its dated p�� , ? approved by the Chan- hassen City Council on April 23, 1979, with the modification described in 112.06 03) above. 5.17 Storage of Recreational Vehicles. The outside storage or outside parking of recreational equipment is prohibited upon all lots within Phase II, except those lots upon which a single family detached dwelling has been constructed_ For the.purpose of this 115.17, recreational equipment is defined as including the following: a. Any boat or canoe, b. any snowmobile, C. any all -terrain vehicle which is not licensed for use upon the public highways, d. trailers for the transportation of the foregoing, e. any vehicle, either self-propelled or capable of being towed, and designed, constructed, or used to provide temporary movable living quarters for recrea- tional use. Subject to the provisions of applicable City ordinances, nothing in this 115.17 shall be deemed to limit -the parking or storage of recrea- tional equipment upon those lots in Phase I and Phase II upon which single family detached dwellings have been constructed_ The Developer agrees to encumber his title to the subject property with restrictive% covenants which prohibit the types of storage and parking which are proscribed in this 115.17. Said covenants shall be recorded in the office of the Carver County Recorder contemporaneously with the filing of the Phase II plats in said office. 5.18 Tool Sheds. No detached storage structure, such as tool sheds or storage sheds, shall be constructed or used upon any lot in Phase II upon which has been constructed a duplex or a quadraminium. The Developer agrees to encumber his title to the subject property with restrictive covenants which prohibit the types of structures which are proscribed in this 115.18. Said covenants shall be recorded with the Carver County Recorder contemporaneously with the filing of the Phase II plats in said office. 5.19 Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of thetext of this contract, and shall not influence its construction_ MIM Rev_ 10/12/79 CMM 5.20 Sign Plan. Signs for the purpose of advertising the subject property may be erected in accordance with the Developer's sign plan approved by the City Council on June 4, 1979. Upon application of the Developer, said sign plan may be amended by Resolution of the Chan— hassen City Council. SECTION 6. Enforcement Provisions_ 6.01 Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in 115.10 above. 6.02 Performance Bond. For the purpose of assuring and guaranteeing to the City that the improvements to be by the Developer constructed, installed and furnished as set forth in 112.01 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developer shall pay all claims for work done and. materials and supplies furnished for the performance of -this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees'to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts: As to Phase I: As to Phase II, 2nd Addition: As to Phase II, 3rd Addition: As to Phase II, 4th Addition: 6.03. Remedies Upon Default.__ $ 1T0% of the amount of the cost of installation of the 3rd Addition improvements described in 112.01 as estimatE by the City Engineers_ 110% of the amount of the cost of installation of the 4th Addition improvements described -in 12.01 as estimatE by the City Engineers. A. '.Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in 112.01 above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developer agrees to pay the entire amount of the i ,essment roll pertaining any such improvement within tnirty (30) days after its adoption_ Developer further agrees that in the event of its failure to pay in Full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the subject property for an] amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requiremenst to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency- B. Performance Bond_ In addition to the foregoing, the City may also institute. legal action against the Developer and the corporate' surety c 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 agreement contained herein; and (3) the full amount of any Phase I assessments o (4) C. assessments for which payment shall not have timely received by the City as provided in §3 contract; and r Phase 11 been of this the cost of reasonable engineering, legal, and adminis- trative expense incurred by the City .in enforcing and administering this contract_ 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_ l.. IN WITNESS WHEREOF, the presents' -to be executed on the day NEW 7 76 Z 'N HOMFS , `T By I' And ' Its CITY OF BY I s Play l And Its City 21,1anarer parties hereto have caused these and year first above written_ DUNN & CURRY REAL ESTATE MANAGERENT, INC.By ' r/ P, f / J Its s And -20- Its STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) On this zday ofXL�R, 1979, befor me, a notary public within and for said county, personally appeared 36E&Z7- L• �� a , to me personally known, who being each by me duly sworn, did say that they are respectively the n?ES�p of NEW HORIZON HOMES, INC., anthat the seal affixed to said instrument is the corporate seal of said corpora- tion, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to &E the _ free act and deed of said corporation. Notary Public STATE OF MINNESOTA } .y MARLYS M. WIL$fJN S S . ;►t• NOTARY PUBLIC - MINNESoTA COUNTY OF CARVER ) 2 WR!GHT COUNTY Z MYC0mmissionExpire_4juye`IT 1984 On this day of 1979, • 1979, beforg me, a notar, public within and for said county, personally appeased,,�. � /'Ar and to me personally known, say who, being �Pach by me duly sworn, did that they are respectively the.�r.��� f�z, t and the of DUNN & CURRY REAL ESTATE MANAGEMENT, INC., and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed_ and sealed in behalf of said._corporation by authority of its Board of Directors, and said .r, /, and acknowledged said instrument to be the free act and deed,of said corporation_ Notary Public STATE OF MINNESOTA ) r<''w w'^;'•• ARI-">,tE F. PORTER tom= !NOTAPY i ! i8LIC - MINNESOTA ss . _f HE, ' :r�, COUNTY COUNTY OF CARVER ) 11 e =�� ` �, ; :�.,y z. 1984 I On this .,.,k-day of1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being each_ by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public '"� LHARDT �;y KAREN J. Etit: E ���«` NOTARY PUDUC - M:NNE -21- SOTA ti ..r CARVER COUNTYMY Commission Expires Cct, 7+9 • r N ►+ v. �' G V rT u .+ C a +... C rQ G • C �, C. V c u •. > d p a tw C u QJ C IT Ir '' • ^ C -. C " C' v r-N Li (' r- •iJ V ' (. [; 'i Qi X J' C L. .r r . C t. • •. . [: 4 . Q: r fr - . - Ir. 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MINN[90TA 1934a •LOSVI" Nv,. 3Y71 NO. VAX. &=a PHDN6 OOb-7eOt M p N T. NO. 3 0 1 6- C FWD. 3 �a�,q9 rYn1lAl 1Own NO. al•]6 ®Yr�&0P1 I D' Ul40 I Revised 2-13-76 N 112, Sec. 12 Torrens Ctf. No. 7001 �oen1 CITY OF CHANHASSEN CARVER BEACH AREA SANITARY SEWER AND WATER1LAINS 42) (Continued) CAROaLz: MAOpO4 PEGS nTERCO LAMP 9URVEYO "INN. NO.•374 •O. O^K. 7/ 1 wls, NO. 8.474 IOwA NO.'702, NO. D`IC. 1 100 N ONT. NO. 1747-21 Together with a 30.00 foot temporary. construction easement and a 14.00 foot perpetual- easement for watermain purposes over, under and across the above described property. The center line of both easements is described as follows: Beginning at the terminus of the above described line; thence North 88 degrees 35 minutes 30 seconds West a distance of 109.88 feet; thence South l degree 22 minutes 00 seconds West a distance of 100.00 feet and said center line :here terminating. Said temporary easements to expire December 31. 1976. METROPOLITAN COUNCIL Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 291-635J. REVIEW OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPLICATIONS (Subdivision Feasibility Analysis) The Metropolitan Council is required by federal law and regulations to review certain specified applications for federal loans, grants, or other assistance. One of -the many types of applications which the Council reviews is Department of Housing and Urban Development Applications for Subdivision Feasibility Analysis, Form No. 2250. This application is submitted to the local area HUD office by a developer as a preliminary step in securing a guarantee from HUD that a future buyer will be able to receive federal mortgage insurance because the property to be pur- chased will have been determined to be in accordance with federal standards. Such applications are forwarded to the Council by the Minnesota Area Office of HUD for comment concerning: 1. "...the consistency of the proposed project with... areawide development plans. " 2. "identification of major environmental concerns." The Council must complete such a review and return it to the HUD office within 30 days. The ultimate purpose of this particular notification and review process is to encourage the coordination of federal and federally assisted housing programs with regional planning to facilitate orderly growth of local areas. This project will be reviewed in accordance with procedures of the Office of Manage- ment and Budget which require that the Council notify potentially affected units of government, environmental commissions, and human rights commissions, inform them that such review is taking place, and invite questions or comments. These comments will be incorporated into the review and relayed to HUD. If you have questions, please call the Metropolitan Council Housing Staff at 291-6378. �_� ' {�� ��ror,x'� Erb;. � '��� GF EX L S, 10 fj '0 CHASKA j Co ,OpOU TAN Cf NEW HORIZON HOMES CHAPARRAL CITY OF CHANHASSEN CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, 1INNESOTA NOTICE OF PUBLIC HEARING FOR A BEACH LOT CONDITIONAL USE PERMIT FOR ROMARCO, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen will meet at 7.:45;p.m. on Wednesday, the 25th day of July, 1979, at the City Hall, 7610 Laredo Drive for the purpose of holding a public hearing to consider the granting of a conditional use permit for the homeowners association beach lot on the following described tract of land: Outlot B, of the Minnewashta Creek Second Addition A plan showing said beach lot is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Asst. Manager Planner (Publish in the Carver County Herald on July 3, 1979). a MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health Information Relative to Plan Examination The examination of plans and specifications for water supply and sewerage systems (Regulation MHD 136(a)), plumbing systems (Regulation MHD 139(a)(1)), and swimming pools (Regulation MHD 141(c)), is made to provide information concerning the sanitary features of projects presented for consideration in accordance with the above regulations of the Commissioner of Health. The approval of such plans is given upon the supposition that the survey and other data on which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the.desgn'of structural features and the efficiency of equipment must be taken by the engineer or architect who designs the project. Water supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this Department. Plans of sewage disposal systems considered by this Department are limited to those systems that can utilize soil absorption. They are examined with regard to the features of design which concern location, construction, operation and maintenance of the system and which may affect the public health. The examination is based upon information contained in the bulletins entitled "Tentative Standards for Design of Small Sewage Works," July 1962, and the recommended "Ordinance and Code Regulating Individual Sewage Disposal System," 1971. Plans on plumbing systems are examined only insofar as the provisions of, the Minnesota Plumbing Code apply. Swimming pool plans are examined with regard to the features of location and design which may affect the safety and sanitary quality of the water for public bathing. The examination is based upon Regulation MIM 141, Public Swimming Pools. The Commissioner of Health reserves the right to withdraw his approval of plans if construction of the project is not undertaken within a period of two years. The fact that plans have been approved by the Commissioner of Health does not necessarily mean that recommendations for alterations or additions may not be offered at some later time when changed conditions or advanced knowledge make improvements necessary. NO-- 23 �- v aa�■■■ w "` e O.oe■■e p���a� \� ©Oo� noon � o ���Ooa�aei acaopoao '' ..�■ '�1►/ a Q — i�lo� i - � rug eaq ::pia m - 1 OF 1 Lake Susan Ir •F OF Or � •F •F I Lotus-��� 1 � Lake • �. r OF \ OPL _ .. . . ... O240 r .. O•F_... .P.n C• 1. — . • p9 �� • .F OF �B Ps 5•' •r • _ PK Rice Marsh .F Lake OF Of 341 Main Ot•,rr• 5716066 UBURBAM 6815 " 1br Y N:. G5 NA NOINHRRtNa __ __ i�� �I tA,nnr+rwias '•.Uc.lewW 55432 snln sso ss,o n tl & :M rrltr,pbl t.'n(mvrnn(0 Swf Zcsten(a 7.and 5—wy+nR 0 l.nnd Ptan�( 1101 C1 It Road .0-4 �+ ButnxJle M,napy,..r 55337 Certificate of Survey for NEW HORIZON S9 HOMES _588':3G E . _ 12..3! 3500 �' a 6 -13 c' o >, 24 b'1 g rt> NB,31s;� AID 46.97, w w 22 �• -� ` ' Q' •G17 v.10 Z ?DP 79.7 47 96' 27-34. SCALE DENOTES IRD.V MONIIMEAIT � ,,pp ,./ 9"101A16 A,PK ASSUMED P-00M!SKD 8u/1-D/NO OMENS/DNS Sko /,v� Q� �Q CP4.SED EL�i/,4T/D,t/ dfRE r0VA/DAT10A/ IeLIEL. ER/Cx, 7,P/M� ,4AID EAVES �t/OT D/ME.US/O,VED OR SNOWAZ O Df-NOr,'S PPDF:JSEOEIEVATiavPE,Q DEVELoPMFc/T GQ,QAGE FLGb2 - 98/. ¢ PLAN 6-08-79. Rz oe,� 1, CyQPQ WQZ 2 A1° Tla Qooi (Pla/- not ,Pecoro�ed } /�l Carver Calmly. M;lwesolcx, I hereby certify that this Is a true and correct representation of i survey of the boundaries of the above described land, and of the location of all buildings thereon, and all visible encroachments, if any, front or on sold land. As surveyed by me thi �dey of : A.*. 11.a? 1g1W1SED /0-/7-79 SUBURBAN iN01 engineers ! ry yo .. by (lot P{ubl�ished�:. All Rights Reserved NEW HORIZON HOMt�,, INC. BUILDING TOMORROWS DRIAMS TODAY 3131 IFERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559.5770 October 15, 1979 Mr. Craig Mertz Larson and Mertz, Attorneys at Law 1900 First National Bank Building Minneapolis, Minnesota 55402 Re: Chaparral Chanhassen, Minnesota. Dear Mr. Mertz: In reviewing the Chaparral Development Contract, including the revisions under cover of your letter of October 12, 1979, there is no mention of a credit for right-of-way dedication in conjunction with Kerber Drive. As you are aware, Kerber Drive has a 100 foot right-of-way, while all other streets have a 50 foot right-of-way. We understand that a credit will be given based on the fair market value of the additional right- of-way that is dedicated for Kerber Drive. Upon assessing MSAS #101 Project, our assessment is to be reduced by the construction cost and the right-of-way cost for oversizing Kerber Drive. Ver truly yours, l Gregory J. Frank Land, -Development Manager GJF/lmf RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 15, 1979 Re: Chaparral 2nd Addition TELEPHONE (612) 335-9565 I have received from New Horizon Homes, Inc. the proposed homeowners' association documents for the duplex areas and quad areas of the development. These documents include Articles of Incorporation, By -Laws, Declarations of Covenants, and various declaration of easement documents. The documents total approximately 120 pages in length. The documents provide for the organization of two separate homeowners' associations. The first association is called the Chaparral Home- owners' Association. This organization has jurisdiction only over the duplex lots in the development. The second homeowners' associa- tion is called the Cimarron Homeowners' Association. This organiza- tion has jurisdiction only over the quad lots in the development. The purpose of the review was to ascertain the presence of the following control measures as to quad lots and duplex lots: 1. Prohibition on outside storage of recreational vehicles. (See City Council minutes of 4/23/79 and §5.17 of development contract. 2. Prohibition on erection of tool sheds. (See City Council minutes of 4/23/79 and §5.18 of development contract.) 3. Obligation to maintain private sewer and water utility lines vested in homeowners' association (as per Mr. Ashworth's meeting of 9/24/79 with developer.) 4. Homeowners' association vested with authority to recover its costs incurred in maintaining and repairing private sewer and water utility lines (as per Mr. Ashworth's 9/25/79 meeting with developer.) / affixed to a Living Unit and not upon the private yard area may be used to advertise such Living Unit for sale or rent, • provided, further, the Developer reserves for itself and its agents, the right to maintain a business and sales office during the con- struction and sales period and to place any advertising sign upon the Property during such period. 10.5 Maintenance of Garaqes. All garage facilities, as originally erected by the Developer, shall be retained as and used for a garage facility for the off-street interior storage of the vehicles and no such facility shall be converted by construc- tion or usage to any other purpose. 10.6 Parking and Storage of Motor Homes and Recreational Vehicles. No motor homes, recreational vehicles, trailers, boats, snowmobiles or other similar vehicles shall be parked, stored or kept on any Lot unless such vehicle is kept entirely within the garage facilities as originally erected by the Devel- oper; provided, however, any such vehicle may be temporarily parked or left unattended by the Owner, his guests, invitees and I visitors wholly or partially outside of such garage facilities f for a reasonable period of time, but not to exceed forty-eight (48) hours in any thirty (30) day period for each such vehicle. ARTICLE XI General Provisions 11.1 Enforcement. The Association or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and 1 charges now or hereafter imposed by the provisions of this Dec- laration including, but not limited to, the collection of all assessments. In the event that the Association should employ the services of an attorney in connection with a breach of the terms hereof by a Member, his family, guests, tenants or contract purchasers, or in connection with the enforcement of the terms hereof, and if the Association shall prevail in any such action, such Member shall pay, in addition to all other sums due, the Association's reasonable attorneys' fees, costs and expenses. The failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If these restrictions are enforced by appropriate proceedings by any one or more of such heretofore described persons, such persons may be reimbursed by the Association for all or any part of the costs incurred, as the Board of Directors of the Association shall, in its sole discretion determine. V 11.2 Access. Solely for the purpose of performing the maintenance authorized by this Declaration, the Association through its duly authorized Agents or employees, shall have the right, after reasonable notice to the Owner, to enter upon any Lot. -16- Bob Waibel Re: Chaparral 2nd Addition -2- 10/15/79 5. Homeowners' association vested with easement rights over entire length of water and sewer service pipes connecting street right of way with wall of dwelling unit (as per Mr. Ashworth's meeting of 9/25/79 with the developer.) In reviewing the documents, I find that they are deficient for City purposes only in the following respect: Neither the documents for the Chaparral Homeowners' Association nor the documents for the Cimarron Homeowners' Association contain a specific prohibition against the construction of tool sheds. The developer should be instructed tions of covenants remedying these should be cured prior to occupancy in the 2nd Addition. to prepare supplemental declara- two shortcomings. This deficiency of the first quad and duplex unit Enclosed you will find photocopies of the following relevant sections from the Cimarron Declaration of Covenants: §10.06, Outside Storage of Recreational Vehicles; 57.2, Homeowner Association Duty to Maintain Water and Sewer Service Lines; §§5.4 and 11.2, Homeonwer Association Right of Access to Utility Lines. Substantially similar sections are found in the documents for the Chaparral Homeowners' Association. Because of the extreme length of the homeowners association documents, I have not reproduced them in full. Upon request, however, I will make copies available to you. Very truly yours, CRAIG M.RTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Greg Frank c/o New Horizon Homes:, Inc. Suite 104 3131 Fernbrook Lane North Plymouth, MN 55441 ARTICLE V Easements 5.1 Easements. In addition to the easements, covenants, restrictions and conditions of Article VI concerning party walls and of Article VII concerning architectural and exterior con- trols, all Living Units and Lots shall be subject to easements and covenants hereinafter specifically described for the benefit of the Property or for the limited benefit of specified adjoining Lots, all as more fully set forth hereinafter in this Article. 5.2 Driveway Easements. Declarant has, or will by separate declaration, establish limited private common driveway easements for ingress and egress to and from each of the Living Units served by such driveways. Maintenance of such driveways, as well as maintenance of the private apron from the common driveway to a Living Unit, shall be performed by the Association and assessable against all Lots in the Association as a part of exterior main- tenance. 5.3 Private Yard Easements. Except as hereinafter provid- ed, each Owner shall be fully entitled to the exclusive use and occupancy of the Private Yard Area in his Lot to the exclusion of all others; provided, however, the Property generally and all other Owners shall be entitled to a visual easement over all Private Yard Areas, subject to and limited by the original struc- tures erected thereon by the Developer. Ro Owner shall erect or cause to be erected any structure of any sort upon his Lot, or plant any trees or shrubs prior to obtaining the written approval of the Association in accordance with the procedure described in Article VII. Except as permitted under the limited circumstances described in the preceding sentence, all planting, landscaping and private yard maintenance shall be performed by the Associa- tion and the costs thereof shall be and constitute a portion of the general annual assessment by the Association upon all Lots in the Property. 5.4 Utility Easements. The Declarant has, or will by ►/ separate declaration,. provide easements for utility purposes to and from all Lots in the Property. The Association or its proper reprpsentatives shall have the right of free access to any Lot or Living Unit for the purpose of maintaining any utility service to that particular Lot or any other Lot on the Property. The Asso- ciation shall have the further right to maintain on the exterior of any Living Unit a separately metered water line or lines for yard maintenance purposes. ARTICLE VI Party Walls 6.1 General Rules of Law to Apply. Each wall which is built as part of the original construction of the Living Units -10- color or appearance) to any building on the Property, additional fences, hedges, walls, walkways and other structures shall be commenced, erected or maintained, except such as are installed or approved by the Developer in connection with the initial construc- tion of the buildings on the Property, until the plans and speci- fications showing the nature, kind, shape, height, materials, location and approximate cost of same shall have been submitted to and approved in writing as to harmony of the external design and location in relation to surrounding buildings erected upon the Property by an architectural committee composed of the Board of Directors of the Association or three (3) or more representa- tives appointed by the Board of Directors. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, such approval shall be deemed to have been given. If no application has been made to the architectural committee or their representatives, or if such application has been rejected, a suit to enjoin or remove such additions, alterations, or changes may be instituted at any time by the Association or any Owner; provided, however, no suit to enjoin or remove such additions, alterations or, changes may be commenced if unapproved improvements have been completed for a period of ninety (90) days and thereafter a deed to a new Owner is recorded, such improvements having been deemed to have been approved by the architectural committee. None of the members of the architectural committee shall be entitled to any compensation for their services performed pursuant to this paragraph, but compensation may be allowed to independent professional advisors retained by such committee. Exterior antennae shall not be placed on any building without the express written approval of the architectural committee. During the time in which the As- sociation has a Class B member, all decisions of the architect- ural committee may be vetoed by the Developer. 7.2 Exterior Maintenance. In order to preserve the uniform and high standards of appearance of the Property, the Association shall provide and be solely responsible for the maintenance and repair of the exterior of all Living Units, and the walks, yard areas and driveways of -the Lots which responsibility shall include, but not be limited to, the following: The maintenance and repair of the exterior surfaces of all buildings on the Property, includ- ing, without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and overhangs, (but excluding all maintenance and repair to glass and other window surfaces), mowing, trimming, watering and other care of grass, trees, and other plants, and the maintenance and repair of walks, driveway aprons, driveways and walkways, including snow removal therefrom. The Association shall also maintain that portion of all private service water and sewer pipelines from the exterior walls of each Living Unit to the point at which such service pipelines connect to the lateral water and sewer pipelines located within the street right of way. All expenditures by the Associa- tion for the above -stated purposes shall be uniformity assessed against all Lots in the Property as provided in section 4.6 hereof; provided, however all costs and expenses of any mainten- -12- a ance or repairs necessitated or caused by willful or negligent acts of an Owner, the Owner's family, invitees, tenants or vend- ees shall be specifically assessed against the Lot of such Owner in the manner provided herein. All maintenance and repair of individual Living Units and garages shall be the sole obligation and responsibility and expense of the individual Owners thereof, except to the extent that the exterior maintenance and repair is provided by the Association. The Association shall be responsible for all damage done to the Lots and the improvements thereon in the course of such maintenance and repair and shall perform or pay the restoration of and repairs to such improvements. ARTICLE VIII Insurance and Reconstruction 8.1 Liability Insurance; Fidelity Bonds. The Board of Directors of the Association, or its duly authorized agent, shall obtain a broad form of public liability insurance insuring the Association, with such limits of liability as the Association shall determine to be necessary, against all acts, omissions to act and negligence of the Association, its employees and agents. The Association's Board of Directors shall also provide fidelity bonds providing protection to the Association against loss by reason of acts of fraud or dishonesty on the part of the Associa- tion's_Directors, managers, officers, employees or volunteers who are responsible for the handling of funds of the Association in an amount sufficient to provide no less protection than one and one-half (1 1/2) times the estimated annual operating expenses and reserves of the Association. 8.2 Destruction and Reconstruction. In the event that a building or buildings containing a Living Unit is partially or totally destroyed and in the further event that a decision is made by the Owners of the Living Units in such building or build- ings whose Living Units are affected by such destruction or casualty to repair or reconstruct such building or buildings, then such repairs or reconstruction must be substantially com- menced no later than ninety (90) days following the date upon which such decision has been made by such Owners. No such re- construction or repairs shall be commenced without (i) the unan- imous written consent of all the Owners in the buildings whose Living Units are affected by such destruction or casualty and (ii) the written approval of the plans and specifications of the proposed repairs and reconstruction by the Architectural Control Committee. 8.3 Manner of Reconstruction. On reconstruction, the design, plan and specifications of any building or Living Unit may vary from that of the original upon approval of the Archi- tectural Control Committee; provided, however, that the number of square feet of any Living Unit may not vary by more than 5% from the number of square feet for such Living Unit as originally constructed, and the location of the buildings shall be substan- -13- RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Mr. Bob Waibel City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA $5402 October 12, 1979 Orr 1979 to 1�EC4�yED %67) CHAN HAgggN CR Z It co � MINN. :i TELEPHONE (612) 335-9565 Re: Chaparral Development Contract Enclosed you will find replacement pages 4,7,8,9,10,11,12,13,14, and 19 which should be inserted into the development contract previously submitted to you under cover of my letter of October 1, 1979. These replacement pages incorporate the changes discussed at our October 8, 1979 meeting with the representatives of New Horizon Homes. The following is a summary of the changes found in these new pages: §2.04: Adds the words "a/k/a Kerber Boulevard." §2.13: Allows issuance of building permits prior to street grading. §3.02 (A) and (B) and (C): Adjusts the computation formula -for the Phase I assessments; however, the amount remains at the $163,579 figure mentioned in the engineers' report of.August 8, 1979. §3.02(D): Adjusts the computation of the Phase II Levied assessments to reflect Mrs. Klingelhutz's discovery that the $8,442 assessment on the Will Kerber tax parcel must be allocated to Outlot C of Chaparral and to reflect Mr. Campbell's observation that only 38 Project 75-3 lateral sewer units were actually levied on Phase II §3.02(E): Adjusts the Kerber Drive watermain credit as requested by the engineers' report of October 8, 1979. §3.021(C) Adds additional sentence establishing credit to Developer if prior prepayments are in excess of amount of proper payment. §3.03(A) Adds credit to Developer for 1977, 1978 and 1979 payments received on the Will H. Kerber tax parcel. §3.03(B), (C) & (D) Extends amortization period and provides for balloon payment in third year. §3.05 (A) &(B) Clarifies that occupancy of house only accelerates payment of assessments on that homesite. Bob Waibel -2- 10/12/79 §4.02' Clarifies that upon assessing for the MSAS #101 Project, the Developer's assessment is to be reduced by the cost of oversizing Kerber Boulevard. §6.02 Provides that amounts of the 3rd Addition and 4th Addition bonds are to be established in the future in view of the engineers' report that inadequate data exists at this time so as to estimate construction costs in those Additions If you have any questions regarding these changes, please call. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Greg Frank All Council Members Rev. 10/12/79 CMM 2.03 Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. 2.04 Construction Traffic. All traffic of equipment, supplies, etc., relating to the construction and installation of the improvements described in 112.01 above shall be limited to the use of MSAS 101, a/k/a Kerber Blvd. 2.05 Schedule of Work. The Developer agrees that it shall have all work done and the improvements described in 112.01 above fully completed to the satisfac- tion and approval of the City on or before F 19 The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this con- tract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 2.06 Plans, Specifications and Easements. A. Phase I - Plans and Specifications. The Developer certifies that its plans and specifica- tions for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including its final grading plan for Phase I, are in substantial accord with the proposed plans thereof prepared by James R. Hill, Inc., and dated January 6, 1978, with the following modifications: i. Street rights of way within the plat have been reduced to fifty (50) feet. ii. The entire subdivision pattern has been shifted thirty (30) feet in an easterly direction. iii The surface water drainage plan has been approved by the Riley Purgatory Creek Watershed District Board of Manager. iv. The street naming plan precludes the possibility of confusion with existing street names. V. All plans and specifications have been approved by the City Engineer. Mm Rev. 10/12/79 C;MM 1. The amount of the Phase I levied assessments. 2. The amount of the Phase I deferred assessments. 3. The amount of the Phase II levied assessments. 4. The amount of the Phase II deferred assessments. 3.02. Definitions. For purposes of Section 3 of this contract, certain terms and words are defined as follows: A. Phase I Levied Assessments: Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assessment district. Said assessments represent special benefit to said portion of Phase I. The Phase I levied assessments total $60,897.00, computed as follows: (1) Project 75-2 Lateral Sewer Units Lateral Water Units Area Assessment Trunk Sewer Units Trunk Water Units Preliminary Sub -Total: 5 at.$2,765.00 5 at $1,486.00 272,000 S.F. at .10/S.F. 5 at $458.00 5 at $544.00 Plus. amount erroneously included in assessment amortization schedule adopted by City for certification to Carver County Auditor in October, 1976: Sub -Total: (2) Project 75-3 Lateral Sewer Units Trunk Sewer Units Trunk Water Units Sub -Total: 2 at $1,714.00 2 at $458.00 2 at $544.00 $13,825.00 7,430.00 27,200.00 2,290.00 2,720.00 $53,465.00 2,000.00 $55,465.00 3,428.00 916.00 i nAQ nn $5,432.00 TOTAL PHASE I LEVIED ASSESSMENTS: $60.897.00 Im Rev. 1 0/12/79 CMM B. Phase I Deferred Assessments: Those assessments heretofore not actually levied by the Chan- hassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 7 5-3 assess- ment district. Said assessments represent previously un- assessed special benefit to said portion of Phase I, and said assessments are now due and payable as hereinafter set forth. The Phase I Deferred Assessments total $102,682.00, computed as follows: (1) Project 75-2 Lateral Sewer Units 6 at $2,765.00 16,590.00 Lateral Water Units 6 at 1,486.00 8,916.00 Trunk Sewer Units 88 at 458.00 40,304.00 Trunk Water Units 88 at 544.00 47,872.00 Credit for street area overassessments: 90,000 SF (i.e. 272,000 SF less 182,000 SF) at $.10/SF (91000.00) Preliminary Sub -total: $104,682.00 Credit for Amount erroneously included in assessment amortization schedule adopted by City for certification to Carver County Auditor in October, 1976 - (2,000.00) Sub -total: $102,682.00 (2) Project 75-3 - NONE 0 TOTAL PHASE I DEFERRED ASSESSME14TS: $102,682.00 C. Phase I Assessments: The sum of the amount of Phase I Levied Assessments and the amount of the Phase I Deferred Assessments, i.e. $163,579.00. D. Phase II�Levied Assessments: Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase II lying within the Project 75-2 assessment district and the Project 75-3 assessment district. Said assessments represent special benefit to said portion of Phase II. The Phase II levied assessments total $73,574.00, computed as follows: (1) Project 75-2 Lateral Sewer Units Lateral Water Units Trunk Sewer Units Trunk Water Units Sub -total: 2 at 2,063.00 4,126.00 2 at 1,156.00 2,312.00 2 at 458.00 916.00 2 at 544.00 1,088.00 $8,442.00 3.021. Rev. 10/12/79 CMM (2) Pro' 75-3 Lateral Sewer Units 38 at 1,714.00 65,132.00 TOTAL PHASE II LEVIED ASSESSMENTS: $73,574.00 E. Phase II Deferred Assessments: Those assessments heretofore not actually levied by the Chanhassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase II lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent previously unassessed special benefit to said portion of Phase II, and said assess- ments are now due and payable as hereinafter set forth. The Phase II Deferred Assessments total $319,618.00, computed as follows: (1) Project 75-2: 0 (2) Project 75-3: Lateral Sewer Units 8 at 1,714.00 13,712.00 Trunk Sewer Units 328 at 458.00 150,224.00 Trunk Water Units 328 at 544.00 178,432.00 342,368.00 Credit for oversizing Kerber Drive watermain: (22,750.00) Sub -total: 319,618.00 TOTAL PHASE II DEFERRED ASSESSMENTS: $319,618.00 F. Phase II Assessments: The sum of the amount of the Phase II Levied Assessments and the amount of the Phase II Deferred Assessments, i.e. $393,192.00 Payment of Phase I Assessments. A. Interest Rate and Credit for Prior Payments. The Phase I assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7.5% per annum, as if fully levied by a resolution of the Chanhassen City Council on October 1, 1976, pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of prinicpal and interest against the Phase I;.Levied Assessments: Year of Payment 1977 1978 1979 Principal Paid 3,6 67 — 3,697.67 3,697.67 -10- Interest Paid 5,199.85 3,882.55 3,605.23 Rev. 10/12/79 CMM The amounts described in the preceeding sentence shall be a credit against the amounts of principal and interest respectively due and owing on the Phase I Assessments. B. Payment Schedule for Phase I Levied Assessments. After credit is given to the Developer for the payments described in the preceeding sentence, the total of the Phase I Levied Assessments, after having been spread equally among the ninety-five (95) lots in Phase I, shall be paid by the Developer in four installments, which shall be due and payable in the fractional amounts and on the due dates shown on the following schedule: Date Due Fractional Portion Due 5/31/80 1/22 (4.5%) 10/31/80 1/22 (4.5%) 5/31/81 1/22 (4.5%) 10/31/81 19/22 (86.5%) 22 22 100% C. Status of Prior Prepayments Prior to the date of this contract, the Developer, with the consent of the City, has made certain estimated payments of Phase I Levied Assessments for the purpose of facilitating the closing of the sale of certain lots in Phase I. The excess, if any, of 1/95 of the amount of the Phase I Levied Assessments, together with accrued interest thereon, over the amount of each such prepayment shall be paid by the Developer to the City within thirty (30) days of the date of this contract. The excess, if any, of any such prepayment over 1/95th of the amount of the Phase I Levied Assessments shall be credited first against accrued interest and then against the outstanding principal balance of the Phase I Deferred Assessments. D. Payment Schedule for :Phase I Deferred Assessments. For the purpose of mutual convenience, the Phase I Deferred Assessments shall be collected with the Phase II Deferred Assessments in the manner set forth in V3.03 below. 3.03 Payment of Phase II Assessments. A. Interest Rate and Credit for Prior Payments. The Phase II Assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7.5% per annum, as if fully assessed by a resolution of the Chanhassen City Council on October 1, 1976, pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of principal and interest against the Phase II Levied Assessments: -11- Rev. 10/12/79 CMM Year of Pmt. Principal Paid Interest Paid Proj. 75-3 Proj. 75-2 Proj. 75-3 Proj. 7 1977 4,570.67 562.80 6,42 7.51 791.44 1978 4,570.67 562.80 4,79 9--.19 590.94 1979 4,570.67 562.80 4,456.39 548.74 The amounts described in the preceeding sentence shall be a credit against the amount of principal and interest respec- tively due andowing on the Phase II assessments. B. Payment Schedule for Phase II Levied Assessments. After credit is given to the Developer for the payments described in §3.03(A) above, the total of the Phase II Levied Assessments, after having been spread equally among the 328 lots in Phase II, shall be paid by the Developer in six (6) installments, which shall be due and payable in the fractional amounts and on the due dates shown on the following schedule: Date_ niiP Fractional Portion Due 5/31/80 1/22 (4.5%) 10/31/80 1/22 (4.5%) 5/31/81 1/22 (4.5%) 10/31/81 1/22 (4.5%) 5/31/82 1/22 (4.5%) 10/31/82 17/22 (77.5%) 22 22 100% C. Status of Prior Prepayments Prior to the date of this contract, the Developer, with the consent of the City, has made certain estimated payments of Phase II assessments for the purpose of facilitating the closing of the sale of certain lots in Phase II. The excess, if any, of 1/328 of the sum of the amount of the Phase I Deferred Assessments and Phase II Assessments, together with accrued interest thereon, over the amount of each such pre- payment, shall be paid by; -.the Developer to the City within thirty (30) days of the date of this contract. D. Payment Schedule for Phase II Deferred Assessments. After credit is given to the Developer for the payments described in 113.03(A) above, the sum of the Phase I Deferred Assessments and the Phase II Deferred Assessments, after having been spread equally among the 328 lots in Phase II, shall be paid by the Developer in six (6) installments, which shall be due and payable in the fractional amounts shown on the schedule in 113.03(B) above, and on the dates shown in said schedule. -12- Rev. 10/12/79 CMM 3.04 Optional Prepayment The Developer shall havethe right and privilege, at any time, to prepay the full amount of any Phase I or Phase II assessment on any lot, in the manner set forth in #3.05(A) below. 3.05 Mandatory Prepayment. A. Lots in Phase I. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase I, the payment of Phase I Levied Assessments then outstanding against such lot shall be accelerated as provided in the following sentence.. No residential structure within Phase I shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which said structure has been erected. The term "all unpaid special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Commission; and (3) any Phase I Levied Assessments then outstanding against such lot, including accrued interest computed as set forth in 113.021(A) above. B. Lots in Phase II. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase II, the payment of the Phase II Assessments and the Phase I Deferred Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase II shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which said structure has been erected. The term "all unpaid special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Commission; and (3) any Phase I Deferred Assessments then outstanding against such Phase II lot in accordance with 111f3.021(D) and U3(D) above, including accrued interest computed as set forth in 113.021(A) above. (4) Any Phase II assessments, then outstanding against such lot, including accrued interest computed as set forth in 113.03(A) above. -13- Rev. 10/12/79 CMM 3.06 Developer Waives Public Hearing and Right of Appeal. The Developer waives its right to public hearing under §429.061 and 5429.071 of Minnesota Statutes and its right of appeal under §429.081 of Minnesota Statutes as to the Phase I Deferred Assessments and the Phase II Deferred Assessments. SECTION 4. Municipal Disclaimers. 4.01. No Liability to Suppliers of Labor or Material. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contrac- tors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disburse- ments, and expenses of defending the same. 4.02. Written Work Orders. Except for the Developer's reasonable construction costs incurred in oversizing that portion of Kerber Boulevard located within the Subject Property beyond the City's twenty-eight (28) foot width standard, the Developer shall do no work nor furnish materials, whether covered or not covered by the plans and specifications, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. ANy such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. SECTION 5. Miscellaneous Terms and Conditions. 5.01. Restrictive Covenants. Any proposed covenants or restrictions to be placed upon the lots in the subject plats shall be approved by the City Attorney prior to recording with the County Recorder or Registrar of Titles. 5.02. Liability Insurance. The Developer shall take out and maintain so long as the Developer's obligations under 11112.01 and 2.14 above continue, public liability and property damage insurance covering personal injury, -14- Rev. 10/12/79 CMM 5.20 Sign Plan. Signs for the purpose of advertising the subject property may be erected in accordance with the Developer's. sign plan approved by the City Council on June 4, 1979. Upon application of the Developer, said sign plan may be amended by Resolution of the Chan- hassen City Council. SECTION 6. Enforcement Provisions. 6.01 Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in 1►5.10 above. 6.02 Performance Bond. For the purpose of assuring and guaranteeing to the City that,the improvements to be by the Developer constructed, installed and furnished as set forth in V2.01 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Contract, Developer agrees'to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts: As to Phase I: As to Phase II, 2nd Addition: As to Phase II, 3rd Addition: As to Phase II, 4th Addition: 6.03. Remedies Upon Default. 1100 of the amount of the cost of installation of the 3rd Addition improvements described in 112.01 as estimate by the City Engineers. 110% of the amount of the cost of installation of the 4th Addition improvements described in 12.01 as estimate by the City Engineers. A. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in 112.01 above to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, -19- WILLIAM D. SCHOELL CARLISLE MAOSON I JACK T. VOSLER / JAMES R. ORR 17 HAROLD E. DAHLIN LARRYL. HANSON -- SCHOELL & MAOSON. INC. RAYMOND J. JACKSON WILLIAM J. BREZINSKY ENGINEERS ANO SURVEYORS JACK E. GILL RODNEY S.GORDON mop THEODORE D. KEMNA JOHN W. EMOND (6121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 KENNETH E. ADOLF WILLJAM R. ENGELHARDT OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI October 8, 1979 GERALD L. BACKMAN New Horizon Hanes, Inc. 3131 North Fernbrook Lane Minneapolis, Minnesota 55427 Attention: Mr. Greg Frank, P.E. Subject: Chaparral 2nd Addition Special Assessments Dear Mr. Frank: As requested in today's meeting, I am enclosing the figures on the credit for oversizing the watermain on Kerber Drive. 18" D.I.P. Cl. 52 $25.00/L.F. 8" D.I.P. Cl. 52 - 11.00/L.F. Difference 14.00 L.F. 1535 L.F. @ $14.00/L.F. = - $21,490.00 18" Butterfly Valve $1,700 1,260.00 .8" Gate Valve & Box - 440 $22,750.00 Tl_,_2 0 Therefore, the total credit for the oversizing of the water - main on Kerber Drive is $22,750.00. The total assessment should be $171,840.00 minus $22,750.00 or $149,090.00 not including interest. Very truly yours, a a DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MINNEAPOLIS—ST. PAUL AREA OFFICE 6400 FRANCE AVENUE SOUTH PEGIOV V MINNEAPOLI Mt Nv q ,g 55435 'i u3eat.cl is 1;1 1 2S I�(9 ,Minnesota 55435 IN REPLY REFER TO-. HS V. DO Mr. Robert Burger Neta Horizon Homes, Incorporated 3131 Fernbrook Lane North Plymouth, Minnesota 55441 Dear Mr. Burger: Subject: Subdivision No. 3900 Chaparral-2nd Addition (Quads) Block 1: Lots 1-36 Block 6: Lots 1.-20 ChaT�bassen, Minnesota Enclosed is our Subdivision Report dated covers all. lots in the subdivision. OCT 12 1979 which self-explanatory. Subject to the conditions poftthis report, FHA will accept applications for mortgage insurance on individual properties in this tract,. Any changes in this plan must be reviewed and accepted by this office. Sincerely,. Thomas T. Feeney Area Manager Enclosures cc: Veterans Administration Metropolitan Council City Engr of Chanhassen OCT 1979 RECEIVED VILLAGE OF CHANHA88M% MIN& If NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA SS440 612-559-5770 October 10, 1979 Mr. Bob Waibel Assistant Manager/Planning Coordinator City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Chaparral 1 Chanhassen, Minnesota. Dear Mr. Waibel: We request a reduction in our bond amount in accordance with the following schedule for work completed to date: Utility Work $240,000.00 Street Work (Curbs and Gravel) 26,000.00 Total Work Completed $266,000.00 If you should have any questions, please advise. Very truly yours, Gregory J. Frank Land Development Manager cc: Marlys Wilson Jim Orr Bruce Patterson GJF/lmf OCT 1979 �S1. M RECEMM VILLA M tW =4AMAMM � �ssill Via' WILLIAM 0. SCHOELL CARLISLE MAOSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. H.ANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL ROONEY B. GORDON THEODORE D. KEMNA JOHN W.EMONO KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAAR( GERALD L. BACKMAN TQ CT 9 1979 -- SCHOELL & MAOSON, �Nc_ 'h ENGINEERS AND SURVEYORS (612) 938-7501 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS City of Chanhassen c/o Mr. Don Ashworth, City Manager Chanhassen, Minnesota 55317 Gentlemen: October 8, 1979 Subject: Chaparral Phase II, 2nd Addition Bond Requirements Pursuant to your request, we herein submit our estimated bond requirements for the above named project. Our estimate, as indicated in a letter from Ray Jackson dated. July 11, 1979, was $1,296,275. Today we received a copy of a contract between New Horizon Homes and Thomas Montgomery Construction Company in the amount of $961,371.68. Adding 109/. for engineering and taking 110% of the project cost to estab- lish bond amount would yield $1,163,260. We are satisfied with the $1,163,260 as representing an appropriate bond amount. JROrr:sg cc: Greg Frank Bob Waibel Craig Mertz Very truly yours, SCHOELL & MADSON, INC. NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559-5770 October 8, 1979 Mr. Don Ashworth, City Manager City of Chanhassen 7610 Loredo Drive Chanhassen, Minnesota 55317 Dear Mr. Ashworth: I received your letter of September 25, 1979 addressed jointly to the Department of Housing and the Veterans Administration. I am sorry to say however, the letter you sent is not adequate. The two govern- mental agencies we are dealing with are very particular in the wording and the contents of the letter. If the letter is inadequate these agencies will not insure the loans. I gave Mr. Bob Wybel a copy of a letter we receive and use from the City of Maple Grove and ask that your letter contain the same informa- tion. Please find enclosed another copy. If you have any questions regarding this matter please feel free to call me. Your cooperation and assistance in this matter will be greatly appreciated. Very truly yours, NEW HORIZON HOMES, INC. John C. Madison Vice President of Construction encl. JCM/pjk NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS MINNEAPOLIS, MINNESOTA 55480 INTERNATIONAL BANKING DEPARTMENT City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota L DATE Oct. 4, 1979 L/C NO. 34555 YOUR NUMBER J _ We have today issued our Letter of Credit/ IT-Karisfef/Amendment as captioned and enclose the original for delivery to the beneficiaries and copies for your information and guidance. Please be guided by the instructions marked "X". ❑This Credit/ Amendment was advised to you by cable today and the original is to be delivered to the beneficiaries to be attached to the notification issued by you. ❑Please secure the beneficiaries acknowledgment and agreement on one of the copies returning it to us for J our files. Please verify our signatures and forward to beneficiary ❑ through: Please secure beneficiary's written approval to this amendment ❑ fora _. _ _ _ _ _ and forward to our office. El R OCT 1979 NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS Letter of Credit Division NI 5059 NW 342 LETTER OF AMENDMENT , NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS 17ERNATIONAL BANKING DEPARTMF- `' - Minneapolis, Minnesota 55480 CREDIT NO. - 34555 RE ACCOUNT - DATE LI 1979 New Horizon Homes, Inc. Oct. THE ABOVE LETTER OF CREDIT IS AMENDED AS FOLLOWS: 1. Extend the expiration date to November 2, 1980. . �9F9e9rk' ALL OTHER CONDITIONS REMAIN UNCHANGED F \ City of Chanhassen TO 7610 Laredo Drive Chanhassen, Minn. L —j AUTHORIZED SIGNATURE UTHORIZED SIG RE i A0 7610 LAREDO DRIVE®P.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 October 3, 1979 Mr. Greg Frank New Horizon Homes 3131 Fernbrook Lane North Suite 104 Plymouth, MN 55441 Dear Greg: Enclosed you will find our proposed development contract for Chaparral. As of yet, the staff review of the development contract draft has not yet been completed, however, such is expected to be done in the next couple days. Due to the volume and complexity of the contract, it is recommended that a meeting be arranged between your organization and City staff so that complete preparation may be made for City Council consideration. Additionally, the letter of credit covering the first phase improvements is set to expire on November 2, 1979, and observing the amount of work yet to be completed on the first phase, we are requesting that a renewal letter of credit be delivered to the City by October 17, 1979. If you have any questions or comments, please do not hesitate to. contact me. Sincerely, -i'ob Waibel Asst. Manager/Land Use Coordinator cc: Craig Mertz, Asst.' City Attorney Don Ashworth, City Manager Ray Jackson, Schoell and Madson RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 1, 1979 Re: Chaparral Phase II TELEPHONE (6:2) 335-9565 Enclosed you will find our proposed development contract for Chaparral. This contract, if accepted by the developer, would supercede the previously prepared contract for the first addition. This contract also applies to the 2nd, 3rd, and 4th Additions of Chaparral. Please note the definition of "Phase II" found in §1.04 as this term is used repeatedly in the contract. In 52.05, you can fill in the current date, inasmuch as the utility work has already been commenced. On page 5, (§2.06(B)), you will have to supply the date found on the exhibit which the City Council approved on April 23, 1979. In §2.10, the City's liability for electrical bills arises on a plat by plat basis. You may wish to revise this section so as to provide that the 50% test applies to the entire 423 units in the development. In accordance with Mr. Ashworth's specific instructions, the deferred assessments (Projects 75-2 and 75-3) on Phase I are collected with the Phase II assessments. This is consistent with the assessment information which the City Treasurer has recently certified to the County Auditor. However, this is inconsistent with the City's prior agreement with the developer. In accordance with Mr. Ashworth's specific instructions, the Phase I assessments (deferred and levied) must be paid in full within two years(§3..021(B)). This is inconsistent with the City's.prior agreement with -the developer that these assessments were to be spread over the life of the underlying bond issue, which must be retired in 1991. � ' OCT 1979 CL RECEIVED 8D; `''• CH QE 0j H �� ��� mi N Mr. Bob Waibel -2- 10/1/79 Chaparral Similarly, §3.03(B) provides that the Phase II levied and deferred assessments must be paid within two years. I could not find in our file any specific description of the setbacks which were to apply. You should review the implications of §5.08 carefully. Please review H5.17 and 5.18 regarding recreational vehicle ;,arking and tool sheds. You will note that these restrictions would apply only to quad and duplex lots. Section 6.02 deals with the performance bond. The engineers should provide you with a separate estimate of the proper bond amount for each of the four plats. The existing $519,370.00' performance bond (letter of credit) expires on November 2, 1979. You should take steps at this time to obtain a replacement letter of credit for the 1st Addition. The City Engineers can advise you on the dollar amount for which this letter of credit should be renewed. In the event that a replacement letter of credit is not in your hands by the close of business on October 31, 1979, you should be prepared on November 1, 1979 to make claim on the Northwestern Bank for an amount equal to the sum of the cost of uncompleted Phase I work and the cost of completed work for which payment has not been made to the developer's contractors and subcontractors. The present letter of credit states that Northwestern National Bank will pay the City upon receipt of the City's "officially signed statement reading: 'sums claimed are due and payable as New Horizon Homes, Inc. has not performed work on storm sewer, sanitary sewer, residential and state aid streets and watermains as per agreement with the City of Chanhassen.'" As we noted in our letter of November 16, 1978 to the City Manager, this language on the letter of credit does not cover the developer's liability to the City for Project 75-2 (Carver Beach) and Project 75-3 (Greenwood Shores) assessments. We suggest that the above quoted language be amended by adding the following additional words at the end of the phrase: "or has not performed its other obligations as per agreement with the City of Chanhassen." I wish to call to your specific attention 95.03(C) regarding screening along CSAH 17 and MSAS 101. The requirement that a screening plan be prepared is mentioned in my file for Phase I; however, I can find no indication whether your office ever received or approved such a plan. Mr. Bob Waibel -3- 10/l/ 79 Chaparral If you have any changes or corrections, please call me. If you find the contract to be in order, I suggest that you forward copies to . Greg Frank at New Horizon Homes. Inasmuch as §3 concerning special assessments is quite complex, it might be appropriate if you were to schedule a meeting between the City and New Horizon to review the City's position on assessments. I suggest that such a meeting be held prior to submission of the development contract to the Council as an agenda item. Very truly yours, 0, -,,, ?;�Z ) CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Donald W. Ashworth r 11� CITY OF CHANHASSEN 7610 LAREDO DRIVE0P.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: November 5, 1979 SUBJ: New Horizon Homes New Horizon Homes has requested a change in their development contract in regards to special assessments against their property. The Council should be aware of the following: 1). The assessments arising against the New Horizon ownership are not as a result of new construction. They are carrying out all new construction themselves and have provided the necessary letter of credits to guarantee construction. 2). Assessment guarantees which they desire to have deleted are for sanitary sewer and water assessments made as a part of the Carver Beach and Greenwood Shores project. 3). At the time of completion of the Carver Beach/Greenwood Shores project, property owners were assessed for a 15 year period (certain assessments against the Dunn and Curry later to become New Horizon owerships were deferred). 4). After approval of Chaparral Addition, the development contract for this phase of the New Horizon ownership levied assessments over a 15 year period and did not require any letter of credit to guarantee said assessments. 5). In considering the New Horizon, Phase II, development, this office recommended that the repayment of assessments be accelerated (three year period) for both phases Land II to more closely parallel the requirements of a new construction project. Additionally, as the city does require that new developments post a letter of credit, the letter of credit requirement was established at 1000. i Mayor and Council -2- November 5, 1979 Justification does exist for considering the New Horizon request for something less than 100% guarantee of assessments. This comment is made in light of the fact that: 1). The original project was not solely for one developer (New Horizon), but instead was as a part of a larger project; 2). No other properties within the assessment area have or will be required to post a letter of credit to guarantee assessments against their property; 3). The developer has agreed to an accelerated assessment schedule and agreed to bringing on line deferred assessments against the property; and 4). The developer has agreed to a lower letter of credit - 0 o. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth Arid City Engineer, Jim Orr FROM: Asst. Manager/LUC, Bob Waibel DATE: November 8, 1979 SUBJ: Development Contract for Plat of Chaparral and Chaparral 2nd, 3rd and 4th Additions PLANNING CASE: P-580A In a meeting of this day with Greg Frank of New Horizon Homes, I tendered the final draft of said contract for execution by New Horizon Homes, Inc. and Dunn and Curry Real Estate Management, Inc. As you know, this contract designates phase I as the first plat of Chaparral consisting of the 95 single family homes north of Kerber Drive, and Phase II to include the 328 dwelling units of the 2nd, 3rd and 4th Additions of Chaparral. Section 2.05, Schedule of Work, section of the contract is the only portion wherein further information is needed. This section requires that all work and improvements for both phases I and II be fully completed by a specified date. Mr. Frank had indicated to me that the date preferred by New Horizon, Inc. for this section is December 15, 1981. This office finds that this date is in line with what had been indicated to the Planning Commission and to the City Council at the preliminary development plan review and subsequently recommend this date be accepted for purposes of Section 2.05. Please advise as to any comments you might have regarding the proposed completion date. C + of A10 w �f NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559.5770 November 5, 1979 Mr. Jim Orr Schoell and Madsen 50 - 9th Avenue South Hopkins, Minnesota 55415 Re: Chaparral Chanhassen, Minnesota. Dear Jim: As your request, I am providing the following information in conjunction with my requests for bond reductions of October 10 and October 29, 1979: Phase I The contract (attached) for Phase I utility work is a lump sum contract for $300,000. At this time, all utility work is completed. Our estimate of $240,000 is based on invoices received from the contractor, Thomas Montgomery. With respect to street work on Phase I, the subgrade preparation, curb and gutters, and Class 5 gravel are completed for Chaparral Lane and Chaparral Court. The contract for street work is attached. Phase II The contracts for Phase 2 have already been submitted to you. At this time, all utility work is completed. With respect to the streets, the subgrade preparation, gravel base, and curbs and gutters are complete except for a portion of Redwing Lane and all of Redwing Court. If you should have any questions, please advise. Very truly yours, Gregory J. Frank, P.E. Land Development Manager enc. cc b Weibel GJF/lmf R r > No- -der 78 THIS AGREEMENT, made a signed this Z 7r day of , 19 , by and between New Horizon Homes, Inc. hereinafter called the OWNER, -and Thomas Montgomery Construction Co hereinafter called the CONTRACTOR: WITNESSETH: that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby agrees to perform and execute all of the provisions of the Contract Documents indicated Lmder ArticlefV, for: the installation of Sanitary Sewer, Waterma.i:n, and Storm Sewer in Chaparral and to do everything required by this Agreement. i ARTICLE II. -The Contractor agrees that all work shall be acceptably complete on or before the date' indicated on the Bid Proposal. ARTICLE III. The Owner agrees to pay the Contractor in accordance with the price bid for the LUMP SUM as set forth.in the Proposal, hereto attached, which LUMP SUM amount is $ 300,000.00 - ARTICLE IV. The Contract Documents shall consist of the Proposal, the 'Plans, -the Specifications, the Performance Bond, and this Agreement. All of the documents comprising the Contract Documents are as fully a part of this Agreement as if attached hereto or herein repeated. ARTICLE V. Payments shall be made as specified in the Specifications or as stated and revised as follows: monthly on the basis of pro -rated work acceptably completed IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the day and year first above written. In presence of In the presence of NEW HORIZON HOMES, INC. Owner THOMAS MONTGOMERY CONSTRUCTION CO- Contractor �— camas - ----- -- ontgomery onsLrudion November 21, 1978 New Horizon Homes, Inc. 3131 Fernbrook Lane Plymouth, Minnesota PROPOSAL FOR CHAPARRALUTILITIES i propose to enter into a contractwith New Horizon Homes to perforM all work as noted in the specifications for sani.tary sewer, watermain, and storm sewer, all according to the plans and specifications prepared by Suburban.Engineering. All work shown shall be done for the lump sum price of $300, 000.00. Changes A n quantities of work will result in a change'in -the lump sum price. The attached schedule of unit prices shall apply as a*basis for payment for any quantities of work in excess of the estimated quantities on the attached schedule. .,. ZHOMONTGOMERY CONSTRUCTION CO. Thomas Montgomery President 127 E. COUNTY ROAD C ST. PAUL, MN 55117 482 — 9292 DATEP'-z•4= CALC. BY • ,4 DATE _ CHECKED BY e" t ERA! ITEb4 �- UNIT QUANTITY AAA, 40. P�tIC�E LfIr Py �.. w.. zr - �_ `,�� ,•. • of � �•��i Z �y� F ' O 1 4ar c rmu:t Ocmam At -,a c i 4-1 t10� .;.,, LF 77 p: G UJ ,: L U� — 1 'Pipa ..► 1 LCJ t �i as LLniv u OLL t -- SS K L F '<.2 , L�� Go `� 6 Z-0 - ,it►" 7 0 - GA c a - F3 Cam.• S!W'777 1 �;(; U pia p. •�.� y .Gti /Nu.• :. 6�� v-�,�, aa,� � gyp. �S �;L: L�1' �� �U GUI, 1" � t . A •Z�C1.vv B3��.�� Ce 7'Pl tit G S . L � O S�• t++ nL'�O� '•��t' rn. SUBTOTAL. ............... . ..I J �'� ENS," 8 "O.NTINGcENCtES •� pQr7E &- 7-t- 2L CALC. BY 2: 4 ►k.- j ~ ti� �', - % -"• �•n.�ti DA r.- _.CHECKED BY UD31T QUA#fIV $TEN PRICE - i �z►. - -LL � '.. .::;;.; •.}''. •ti:f •e �.^::► � w. et ... i.CO s' :.s � • �� • l" 2u;: �- �' . ..= '- . ' :`:... :. •,�.- ��•�- -Q C .iIC:= ..•fro •' • /-lam S.�'S • LL ?L- _ - r� F' �; 271 " I?, �.F• c Lio;tG LF ?gyp p: A G L 1�L ra l31:. Q 44 S • W � � � cs Fr rr o fin'---sti: V) 4. ' e 4 Q .. a � •r7y0 �t� .. f W S.rop P, e � . s op CM rf ►a �� 56 z: n / L• LC Z 7_ K ICe%� R� ► .P � lrJV Vim/ ! any CJUAAO �r .L7)1,� N � � ,il : Sic. is rrr :�Ur cy. ram. 2C�;,C.LC Z GU t. a, I'f't:G�a _ j•{ ate,;.,: e D G--n- /A Lz - SU$TOTA�-'... .; P. "ONTING ENCIES ( IRACr FOR STREET CONSTRUCTION ti THIS AC a, made and signed this .� day of May , 19 79 , by and between New Horizon Homes, Inc. hereinafter called the OWNER, and .Thomas Montgomery Construction hereinafter called the CONTRACTOR: WITW,ZSETH: that the Owner and Contractor, for the consideration hereinafter stated, agree as follows ARTICLE I. The Contractor hereby agrees to perform and execute all of: the provisions of the Contract Documents indicated -under Article IV, for: 431= . cWSTRI MON and to do everything required by this Agreement& ARTICLE II. The Contractor agrees that all work shall be acceptably co-mlete-on or before the date indicated on the Bid Proposal.. ARTICLE III. The Owner agrees; to pay the -Contractor in accordance with the price bid for the LLpIP SUM as set forth in the Proposal, hereto attached, which LUMP SUM amount is $.-124,700.87 ARTICLE IV: The.Contract Documents shall consist of the Proposal, the Plans, the Specifications, the Performance Bond, and this Agreement. All of the documents_oomprising the Contract Documents are as fully apart of this Agreement -as if attached hereto or herein repeated_ ARTICLE V.Payments shall be made as specified in the Specifications or as stated and revised as,follows: monthly on the basis of pro -rated work ,-acceptable c leted. -.--IN I)TITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the day and year first above written. New Horizon Homes, Inc. Owner By L In presence of: Thomas Mont oa mery = t - o(�ontractor in presence of:. 177 E_ COUNTY ROAD C ST. PAUL, MN 55117 482 -- 9292 i", PROPOSAL" SCI.,-DUI.r- PROJECT NAmE Chaparral ls t Addit i0r 1 OWNER utilities PROJ. NO. TYPE OF WORK New 1110-rizo-fl, Homes, INC. - SVIEF-T 30E— ITEM CONTRACT. ITEM U N I T CONTRACT No. 'STRZEE-T CONS.LSTJc TION7 PRICE QUANTITY AMOUNT l. SiD_,ar:a preparation S t,, Rd. St R 45 Aggragata, Base Cl. .5 Fd, .;i . _ on n :v Ton'. __P7 4680 ;,3. • city Std. conc'." Curb :& Gutter. 8766 — 4. Bi-.:- %LfAxture for Base COU5­ Ton 1566.5 Bit.Xaterial.for Mixture 0" To 94.0. �6. Gal. 703.4. Coat TackV • %,w� 7. _s A. T Bit.' :Material. 'cot Meariag 'Ton1174.9. T 0 A -Bit.' Material for -Mixture v al Afor f-lire Ton. on. 97 X 777777..-. 177 NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY 3131 FERNBROOK LANE NORTH P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 612-559-5770 November 5, 1979 Mr. Donald W. Ashworth Chanhassen City Manager City of Chanhassen Box 147 Chanhassen, Minnesota 55317 Re: Chaparral Chanhassen, Minnesota. Dear Mr. Ashworth: One of the main changes in the development contract for Chaparral as presented to the City Council on October 15, 1979, was in the method of handling the existing special assessments. The original development contract drafted by the City Attorney proposed that the special assessments be divided equally amongst the 328 lots and the per lot assessment amount be certified to the County on an annual basis for each lot. As you are aware, the development contract was changed so that the administration time in handling the existing assessments could be reduced. That is, the City Treasurer will not be certifying the assessments to the County, but the City will internally maintain accounting records. As a result of this change in the contract, the City Attorney has recommended that an additional letter of credit be obtained from New Horizon Homes to secure payment of the assessments. The attorney's letter of October 26, 1979, proposed an additional $760,962.13 letter of credit beyong the existing $1,163,260 letter of credit we have already provided to the City. The additional amount would be 1000 of the special assessments. We request that the City reconsider the amount the additional letter of credit for the following reasons: 1. In past history when the City had used the same method for handling special assessments, we understand that a reduced factor was accepted. That is, a letter of credit representing 200 of the amount of special assessments was accepted. 2. The majority of the underground utility -work is completed, and the present $1,163,260 letter of credit could cover both public improve- ments and the assessments. 3. The costs for obtaining letters of credit are substantial and they have the effect of reducing our liquidity with respect to other developments. That is, we have a limited line of credit for letters of credit. The amounts required for this project would consume our remaining lines, thus we would lose flexibility in evaluating other projects. As alternatives for the City, we would request either that (1) the City certify the assessments to the County as per the attorney's original recommendation, or November 5, 1979 Donald Ashworth - Page 2 Re: Chaparral (2) the letter of credit amount for assessments be set at 20% ($152,192.40) of the amount and considered as part of our original letter of credit of $1,163,260. That is, the existing letter of credit would not be reduced below $152,192.40 until all assessments are paid in full. Since we have completed over $700,000 of the required public improvements, the existing letter of credit could have additional clauses added that would secure payment of the special assessments. We thank you for your consideration of the above. If you should have any questions, please advise. Very trul y urs, 9 Gregory J. Frank, P.E. Land Development Manager GJF/lmf s ?,� AI ROC ED c a,'I Vfi.I.AGE OF, ,.,jl CHANHASSEN,�< j ' NC UN. 0 Quo NEW HORIZON HOMES, INC. BUILDING TOMORROWS DREAMS TODAY /'- 3131 FERNBROOK LANE NORTH P.O. BOX 1367 p MINNEAPOLIS, MINNESOTA 55440 612-559-5770 October 29, 1979 Mr. Bob Waibel Assistant Manager/Planning Coordinator City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Chaparral 2 Chanhassen, Minnesota. Dear Mr. Waibel: We request a reduction in our bond amount in accordance with the following schedule for work completed to date: Utility Work $621,831.00 Street Work (curbs and gravel) 70,000.00 Total Work Completed $691,831.00 Engineering Work (10%) 69,183.00 Subtotal $761,014.00 Additional 10% for Bonding 76,101.00 Total of Bond Reduction Request $837,115.00 If you should have any questions, please advise. Very) truly ;rank rs, Gr o yJ. Land Development Manager cc: Marlys Wilson Jim Orr Bruce Patterson Craig Mertz GJF/lmf S OCT 1979 �a RE+COVED VW - .AGE CW, CMA&MA9619N, 3. MINX 1�f Al, O..r ® c4. / S` "'Ge c q w ,' y,7, Uc, , • — s LARSON & MERTZ e 4 s ATTORNEYS AT LAW V_k;r 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 4,-1ry11-93'' C RAiG M. MERT2 OF COUNSEL October 26, 1979 HARVEY E. SKAAR 00? 1979 a, MARK C. McCULLOUGH c RECEIVED ~' N VILLAGE OF Donald W. Ashworth N CHANHASSEN, . Chanhassen City Manager c-' MINN. Box 147 Chanhassen, MN 55317 Dear Don: ELEPHONE e—,X4,.-;� (6i2) 335795L6/V15S gyp Re: Chaparral 2nd, 3rd, and 4th Additions In accordance with the decisions reached at our staff meeting of October 26, 1979, please find enclosed revision pages 8,9,11,12, 13 and 20, all bearing the notation "Rev. 10/27/79 CMM." The changes incorporated in these pages are as follows: 1. On page 8, Project 75-3 Trunk costs are transferred from the Levied column to the Deferred column on page 9. This change does not affect the total amount due. It merely has the effect of conforming the contract to the Treasurer's. records. On page 11, §3.021(B) now provides that the Phase I (Levied and Deferred) Assessments are due in one lump sum on July 1, 1982. 3. Page 12 now provides that the Phase II (Levied and Deferred) Assessments are due on July 1, 1982. 4. Former contract lanivage providing for the collection of Phase I deferred assessments with the Phase II assessments has been eliminated 5. Page 13, §§3.05 and 3.06, now provide that the sale of a Phase I lot will accelerate payment of both PhaseI Levied Assessments and Phase I Deferred Assessments on that lot. Sales of Phase II houses. will have a similar effect. 6. On page 13, a new paragraph 3.05(C) has been added, which gives the City the remedy of certifying assessment arrearages for collection with real estate taxes. This is in addition to the remedy of proceeding against the Developer's letter of Credit. Donald W. Ashworth -2- 10/26/79 7. On page 20, §6.03(B) has been reworded to clarify that the City may utilize the Developer's letter of credit to satisfy arrearages in Project 75-2 and 75-3 special assessments. July 1, 1982, was selected as the due date for final assessment payment, for the purpose of allowing the Treasurer two months' lead time for preparation of the October, 1982 tax certification, if the Developer defaults in the payment of assessments. The contract as submitted now provides that the Developer is not required to make any assessment payments (Projects 75-2 and 75-3) in advance of July 1, 1982, except to the extent that individual lots have been sold. Thus no assessments would be collected with the real estate. taxes in either 1980,.1981, or 1982. In my letter of October 19, 1979, I recommended that the Project 75-2 and 75-3 be fully secured.by an additional letter of credit in the amount of $748,693.71. Because the enclosed revision pages defer the collection of the Phase I Assessment to 1982, that letter of credit should be increased by $12,268.42, representing an additional year's interest. Thus the new letter of credit should be in the amount of $760,962.13. This would be in addition to the letters of credit previously received for the purpose of guaranteeing completion of utility construction. If you find the foregoing to be in order, please insert the new pages into the contract and tender it to New horizon Homes,.Inc. for execution. Very truly yours,. � �v r CRAIG NY. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Bob Waibel Greg Frank Kay Klingelhutz Rev. 10/27/79 CMM 1. The amount of the Phase I levied assessments. 2. The amount of the Phase I deferred assessments. 3. The amount of the Phase II levied assessments. 4. The amount of the Phase II deferred assessments. 3.02. Definitions. For purposes of Section 3 of this contract, certain terms and words are defined as follows: A. Phase I Levied Assessments: Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assessment district. Said assessments represent special benefit to said portion of Phase I. The Phase I levied assessments total $58,893.00, computed as follows: (1) Project 75-2 Lateral Sewer Units Lateral Water Units Area Assessment Trunk Sewer Units Trunk Water Units Preliminary Subtotal: 5 at $2,765.00 5 at $1,486.00 272,000 S.F. at .10/S.F. 5 at $458.00 5 at $544.00 $13,825.00 7,430.00 27,200.00 2,290.00 2,720.00 $53,465.00 Plus amount erroneously included in assess- ment amortization schedule adopted by City for certification to Carver County Auditor in October, 1976: 2,000.00 Subtotal: $55,465.00 (2) Project 75-3 Lateral Sewer Units 2 at $1,714.00 3,428.00 Subtotal: $ 3,428.00 TOTAL PHASE I LEVIED ASSESSMENTS: $58,893.00 !M Rev. 10/27/79 CMM B. Phast- I Deferred Assessments: Those assessments heretofore not actually levied by the Chan- hassen City Council pursuant to Chapter 429 of Minnesota Statutes, against that portion of Phase I lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent previously un- assessed special benefit to said portion of Phase I, and said assessments are now due and payable as hereinafter set forth. The Phase I Deferred Assessments total $104,686.00, computed as follows: (1) Project 75-2 Lateral Sewer Units 6 at $2,765.00 16,590.00 Lateral Water Units 6 at 1,486.00 8,916.00 Trunk Sewer Units 88 at $458.00 40,304.00 Trunk Water Units 88 at $544.00 47,872.00 Credit for street area overassessments: 90,000 S.F. (i.e. 272,000 S.F. less 182,006 S.F.) at $.10/S.F. (9.,000.00) Preliminary Subtotal: $104,682.00 Credit for amount erroneously included in assess- ment amortization schedule adopted by City for certification to Carver County Auditor 10/76 (2,000.00) Subtotal: $102,682.00 (2) Project 75-3 Trunk Sewer Units 2 at $458.00 916.00 Trunk Water Units 2 at $544.00 1,088.00 Subtotal: 2,004.00 TOTAL PHASE I DEFERRED ASSESSMENTS: $104,686.00 C. Phase I Assessments: The sum of the amount of Phase I Levied Assessments and the amount of Phase I Deferred Assessments, i.e., $163,579.00. D. Phase II Levied Assessments: Those assessments levied by the Chanhassen City Council on October 6, 1976, pursuant to Chapter 429 of Minnesota Sta- tutes, against that portion of Phase II lying within the Project 75-2 assessment district and the Project 75-3 assess- ment district. Said assessments represent special benefit to said portion of Phase II. The Phase II levied assessments total $73,574.00, computed as follows: (1) Project 75-2 Lateral Sewer Units Lateral Water Units Trunk Sewer Units Trunk Water Units Subtotal: 2 at 2,063.00 4,126.00 2 at 1,156.00 2,312.00 2 at 458.00 916.00 2 at 544.00 1,088.00 $8,442.00 Rev. 10/27/79 CMM The amounts described in the preceeding sentence shall be a credit against the amounts of principal and interest respectively due and owing on the Phase I Levied Assessments. B. Regular Payment Schedule for Phase I Assessments. After credit is given to the Developer for the payments describedin the preceeding sentence, the total of. the Phase I Assessments, after having been spread equally among the ninety-five (95) lots in Phase I, shall be paid by the Developer in one lump sum installment, which shall be due and payable on July 1, 1982. C. Status of Prior Prepayments. Prior to the date of this contract,. the Developer, faith the consent of the City, has made certain estimated payments of Phase I Assessments for the purpose of facilitating the closing of the sale of certain lots in Phase I. The excess, if'any, of 1/95 of the amount of the Phase I Assess ments, together with accrued interest thereon, over the amount of each such prepayment shall be paid by the Developer to the City within thirty (3.0) days of the date of this contract. The excess, if any, of any such prepayment shall be credited first against accrued interest and then against the outstanding principal balance of the Phase I Deferred Assessments. D. Optional Prepayment. The Developer shall have the right time, to prepay the full amount of on any lot, in the manner set forth 3.03 Payment of Phase II Assessments. and privilege, at any any Phase I Assessments in §3.05 (A) below. A. Phase II Assessments shall bear interest thereon, accruing from October 1, 1976, at the rate of 7.5% per annum, as if fully assessed by a resolution of the Chanhassen City Council on October.l, 1976; pursuant to Chapter 429 of Minnesota Statutes. The parties hereto mutually acknowledge that the Developer has heretofore made the following payments of principal and interest against the Phase II Levied Assessments: Year of Principal Pd. Payment Proj. 75-3 Principal Pd. Int. Pd. Int. Pd. Proj. 75-2 Proj., 75-3 Proj. 75- 1977 4,570.67 562.80 6,427.51 791.44 1978 4,570.67 562.80 4,799.19 590_.94 1979 4,570'.67 562.80 4,456.39_ 548.74 13,712.01 1,688.40 15,683.09 1,931.12 -11- Rev. 10/27/79 CMM The amounts described in the preceeding sentence shall be a credit against the amount of principal and interest respec- tively due and owing on the Phase II Levied Assessments. B. Pavment Schedule for Phase II Assessments. After credit is given to the Developer for the payments described in §3.03(A) above, the total of the Phase II Assessments, after having been spread equally among the 328 lots in Phase II, shall be paid by the Developer in one lump sum installment, which shall be due and payable on July 1, 1982. C. Status of Prior Payments. Prior to the date of this contract, the Developer, with the consent of the City, has made certain estimated payments of Phase II assessments for the purpose of facilitating the closing of the sale of certain lots in Phase II. The excess, if any, of 1/328 of the amount of the Phase II Assessments, together with accrued interest thereon, over the amount of each such prepayment, shall be paid by the Developer to the City within thirty (30) days of the date of this contract. D. Optional Prepayment. The Developer shall have the right and privilege, at any time, to prepay the full amount of any Phase II assessment on any lot, in the manner set forth in §3.05(B) below. 3.05 Mandatory Prepayment and Tax Certification. A. Lots in Phase I. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase I, the payment of Phase I Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase I shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which said structure has been erected. The term "all unpaid special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Commission; and (3) any Phase I Assessments then outstanding against such lot, including accrued interest computed as set forth in §3.021(A) above. -12- Rev. 10/27/79 B. Lots in Phase II. In the event that an occupancy permit is applied for as to any lot and residential structure constructed in Phase II, the payment of the Phase II Assessments then outstanding against such lot shall be accelerated as provided in the following sentence. No residential structure within Phase II shall be occupied until the Developer has paid in full all unpaid special assessments outstanding against the lot on which said structure has been erected. The term "all unpaid special assessments" includes: (1) any outstanding City sewer and water hookup charges; (2) any charges owing to the Metropolitan Waste Control Commission; and (3) any Phase II assessments then outstanding against such lot, including accrued interest computed as set forth in §3.03 (A) above. C. City May Certify Assessments to Auditor. In the event that the Developer shall fail to pay, when due as provided hereunder, the full amount of the Phase I Assessments or the Phase II assessments then outstanding against any lot in Phase I or Phase II, the City, at its option, may certify the amount of such default, together with accrued interest thereon, to the Carver County Auditor for collection with the real estate taxes due and payable in the following calendar year as to any lot or lots then owned by the Developer, its successors or assigns. Any such certification shall not have the effect of limiting the City's other remedies under §6 of this contract. -13- Rev. 10/27/79 in which _use the Developer agrees t, :)ay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the subject property for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requiremenst to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for: (1) the cost of completing the construction of the improvements described in S2.01 above; and (2) the cost of curing any other default by the Developer in its performance of any of the covenants and agreements contained herein; and (3) the full amount of any Phase I assessments or Phase II assessments for which payment shall not have been timely received by.the City as provided in §3 of this contract; and (4) the cost of reasonable engineering, legal, and adminis- trative expense incurred by the City in enforcing and administering this contract. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. NEW HORIZON HOMFS, INC. DUNN & CURRY REAL ESTATE MANAGEMENT, INC. By By Its Its And And Its Its CITY OF CHANHASSEN By Its Mayor And Its City Manager -20- RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel Chanhassen City Hall Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 25, 1979 Re: Chaparral 2nd Addition TELEPHONE (612) 335-9S65 In my letter of October 15, 1979, I noted that the Homeowners' Association documents for Chaparral and Cimarron were deficient in that they did not contain a specific prohibition against construction of tool sheds. That deficiency has now been eliminated. Under cover of a letter dated October 18, 1979, the developers' attorney, Thomas R. Galt, has provided me with a copy of section 10.07 which will be inserted in both the Declaration of Covenants for Cimarron Homeowners' Association and in the Declaration of Covenants for Chaparral Homeowners' Association. With the addition of this new §10.07, I find the homeowners' association documents for New Horizons 2nd, 3rd, and 4th Additions to Chaparral to be sufficient for City purposes. For your reference, I enclose a photocopy of §10.07. Very truly yours, a-,- - '.1 e7n W"T— CRAIGG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Thomas R. Galt, Attorney 4624 IDS Center Minneapolis, MN 55402 99 OCT 1979 �`� C ED N) VII LAGR aF. CHANHASSIEN� MINN. OC affixed to a Living Unit and not upon the private yard area, may be used to advertise such Living Unit for sale or rent; provided, further, the Developer reserves for itself and its agents, the right to maintain a business and sales office during the con- struction and sales period and to place any advertising sign upon the Property during such period. 10.5 Maintenance of Garages. All garage facilities, as originally erected by the Developer, shall be retained as and used for a garage facility for the off-street interior storage of the vehicles and no such facility shall be converted by construc- tion or usage to any other purpose. 10.6 Parking and Storage of Motor Homes and Recreational Vehicles. No motor homes,, recreational vehicles, trailers, boats, snowmobiles or other similar vehicles shall be parked, stored or kept on any Lot unless such vehicle is kept entirely within the garage facilities as originally erected by the Develop- er; provided, however, any such vehicle may be temporarily parked or left unattended by the Owner, his guests, invitees nad visitors wholly or partially outside of such garage facilities for a reasonable period of time, but not to exceed forty-eight (48) hours in any thirty (30) day period for each such vehicle. 10.7 Prohibition U�_1�-nc on Erection of Storage Sheds. No detach- ed storage structuresuding, but not limited to, storage sheds, tool sheds or similar small utility buildings whose prin- cipal intended use is the storage of goods or materials, shall be erected, whether temporarily or permanently, upon any Lot, except by the Developer but only in connection with the initial develop- ment and sale of the Property and, all such structures shall be removed by the Developer upon the completion thereof. Notwith- standing anything to the apparent contrary, the provisions of this section shall prevail over the provisions of Section 7.1 hereof. ARTICLE XI General Provisions 11.1 Enforcement. The Association or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declara- tion including, but not limited to, the collection of all assess- ments. In the event that the Association should employ the services of an attorney in connection with a breach of the terms hereof by a Member, his family, guests, tenants or contract purchasers, or in connection with the enforcement of the terms hereof, and if the Association shall prevail in any such action, such Member shall pay, 'in addition to all other sums due, the Association's reasonable attorneys' fees, costs and expenses. The failure by the Association or by any Owner to enforce any -16-