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Approval Letter 4-15-08 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Sile www.ci.chanhassen.mn.us April 15, 2008 Mr. Mark Undestad Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Re: Planning Case 08-07 Audubon Corporate Center/illI Distributors Dear Mark: This letter is to confirm that on April 14, 2008, the Chanhassen City Council approved the following: Subdivision (preliminary and final plat) creating one lot and one outlot and right- of-way for Audubon Road, plans prepared by McCombs Frank Roos Associates, Inc, dated 02/15/08, revised 04/04/08, subject to the following conditions: 1. Lot 1, as shown in the preliminary plat, shall be designated as Outlot A until the ultimate development of the lot is determined and a revised grading plan submitted that shows the wetland impacts. 2. The applicant shall use BWSR U8 in all graded areas along the eastern property line. 3. Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. 4. The north lot will be required to provide buffer yard and parking lot landscaping as required by ordinance at the time of site plan approval. 5. All trees on the north lot within the wetland buffer and setback shall be preserved until a final grading plan is approved for the lot. The developer shall work with staff as part of the development of the site to preserve these trees through revised grading and the use of retaining walls. 6. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Mark Undestad Audubon Corporate Center/IDI Distributors April 15, 2008 Page 2 moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 7. The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 8. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. 9. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 10. A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 11. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. 12. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter Mr. Mark Undestad Audubon Corporate Center/illl Distributors April 15, 2008 Page 3 system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 15. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $59,365.80. 16. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 17. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for this subdivision. The park fees shall be collected in full at the rate in force upon final plat submission and approval. 18. Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading which, as a result of the development of Lot 1, occurs on Lot 2 must provide sediment and erosion control best management practices to protect the wetland and the buffer area. 19. No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 20. Remove all existing structures prior to the commencement of grading. 21. This site must be mass graded to minimize future truck traffic upon completion of the southern parcel. A 20-foot buffer is required around the wetland on the northern parcel to prevent grading from taking place. Please revise the grading plan and show silt fence in this location so the contractor can determine the grading limits. Also, the building pad elevation of the northern parcel shall be lowered to an elevation of 952 to minimize the impacts to the wetland. 22. The grading plan needs to be revised. The proposed contours on the northern property need to be revised showing the wetland buffer of 20 feet. Show the existing conditions within 100 feet of the property line. 23. Normal water level of the existing wetlands should be shown on the plan. Also, include the normal water level and high water level of the revised pond. Show emergency overflows on Mr. Mark Undestad Audubon Corporate Center/IDI Distributors April 15, 2008 Page 4 the plan. Keep a minimum of 2 percent slope in the grass areas, 1 percent in the pavement areas, and .5 percent along the curb lines. 24. Development of the northern parcel will require a stormwater pond to treat the water prior to discharge into the wetland. This pond should discharge to the wetland northeast of the site. 25. Revise the drainage calculations. The existing drainage map should include three areas: One area discharges to the northern wetland, one to the eastern wetland and one to the existing pond. Revise the calculations to show the pre- and post-development peak discharge into the northern and eastern wetland. Post-development peak discharges must remain less than pre-development peak discharges for the 2-, 10-, and 100-year storm events. Drainage calculations must be signed by a Professional Engineer registered in the State of Minnesota. 26. Rational method calculations, including drainage map, must be provided for the sizing of the storm sewer. 27. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 28. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. Additional top and bottom elevations should be added to the retaining wall. 29. All of the utilities within the boundary should be privately owned and maintained. These utilities must be covered by a cross-access agreement. The proposed watermain connection into Chanhassen Lakes Business Park ih Addition must wet tap the existing watermain. 30. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm sewer lines). 31. Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Provide details of each crossing to ensure minimum separation. 32. Each new lot is subject to the sanitary sewer and water hookup charges. Lot 1, Block 1 will get credit for 8 trunk sanitary sewer charges. Lot 2 will get credit for 15 trunk sanitary sewer charges. No trunk water charges have been paid. The 2008 trunk hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. Mr. Mark Undestad Audubon Corporate Center/illI Distributors April 15,2008 Page 5 33. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to provide the City with the necessary financial security in the form of a letter of credit or cash escrow in the amount of $13,200.00 to guarantee the installation of the pond, erosion control, and seeding. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. 34. Easements are required to provide access to Lot 1, Block 1. A private drive easement will be required to provide access to Lot 1, Block 1 off of Audubon Road. An additional private easement will be required to provide truck access through Chanhassen Lakes Business Park 7th Addition and up to Lot 1, Block 1. The easements for the gas line and power line must be shown on the plat. No work will be allowed in this area without the approval of the owner of the easement. A drainage and utility easement will be required over the proposed pond for Lot 2, Block 1. Also, a temporary drainage and utility easement should be placed on the entire Lot 1, Block 1 until the time of final plat of this parcel. Provide location and easement for pond access. 35. Shift proposed drive off of Audubon Road so that the center of the driveway is located 70 feet north of the Kingdom Hall drive. Due to limited site distance, this driveway location will be limited to passenger vehicles only. Truck-trailer access must be provided to Lot 1, Block 1 through Chanhassen Lakes Business Park 7th Addition. 36. The boundary survey and preliminary plat need to be revised. Add existing conditions and property lines within 100 feet of the boundary. Also, the legal description does not match the bearings on the preliminary plat. 37. Upon completion of the public street, the applicant shall submit a set of "as-built" plans signed by a professional engineer. 38. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per developable acre. 39. All outstanding assessments must be paid prior to final plat. Site Plan for illI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases, plans prepared by Houwman Architects, dated 01-24-08, revised 03-05-08 and 04-04-08, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. Mr. Mark Undestad Audubon Corporate Center/illI Distributors April 15, 2008 Page 6 2. The development shows metal halide lighting which must be revised to high-pressure sodium vapor. All light fixtures shall be shielded. 3. The developer shall provide a sidewalk connection from the site to the trail on Audubon Road. Pedestrian ramps shall be provided at all curb cuts. 4. The future building expansion shall continue the same architectural detailing of the first phase of the building. 5. The applicant shall meet minimum requirements in all bufferyard areas. 6. The applicant shall plant three boulevard trees along Audubon Road in the empty spaces created by entry drive rearrangements. 7. The applicant shall meet minimum requirements for parking lot trees. 8. The future expansion area will be seeded with a fescue mix and planted with bare root aspens, or other trees as approved by the City, at a spacing of 15 feet. These trees may be removed with no penalty when the expansion is needed. 9. The applicant shall use BWSR U8 in all graded areas along the eastern property line. 10. Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. 11. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 12. The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 13. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. 14. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet Mr. Mark Undestad Audubon Corporate Center/illl Distributors April 15, 2008 Page 7 could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 15. A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 16. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. 17. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. 18. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 20. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 21. A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved Section 508.5.5 MSFC. Mr. Mark Undestad Audubon Corporate Center/illI Distributors April 15, 2008 Page 8 22. Post fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, Fire Department inlet connections or fire protection control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernable. The Fire Department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Section 508.5.4 MSFC. 23. No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 24. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 25. Yellow curbing and no parking fire lane signs will be required. The developer shall contact the Chanhassen Fire Marshall for exact location of yellow curbing and locations of signs to be installed. 26. Dumpsters, if placed outside, shall be properly screened. Wetland Alteration Permit for the grading and filling of wetlands on the site, plans prepared by McCombs Frank Roos Associates, dated February 15,2008, revised 04/04/08, subject to the following conditions: 1. The applicant shall produce an Application for Withdrawal of Wetland Credits and a purchase agreement for the application to be considered complete. Upon receipt of this information, a notice of application will be sent to the required recipient list and comments must be accepted for at least 14 days. At the end of the comment period, a decision on the proposed impacts and mitigation can be finalized. It appears that sequencing flexibility would be applicable to this wetland. 2. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this IS-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 3. The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. Mr. Mark Undestad Audubon Corporate Center/ill I Distributors April 15, 2008 Page 9 4. That portion of the wetland buffer adjacent to the proposed earthwork shall be planted in a suitable native seed mix. 5. As the area at the toe of the retaining wall is unlikely to be mowed, a suitable BWSR seed mix shall be used below the retaining wall within the area to be graded. 6. Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading, which as a result of the development of Lot 2 occurs on Lot 1 (Outlot A), must provide sediment and erosion control best management practices to protect the wetland and the buffer area. 7. In order for any impacts to occur on the northern parcel, Lot 1 (Outlot A), a detailed site plan and wetland application would need to be submitted. With this submittal, a thorough discussion of sequencing considerations for wetland avoidance and/or impact minimization is required. 8. The applicant needs to show that the wetland was avoided or provide documentation indicating why wetland avoidance is not possible. If wetland avoidance was shown to the satisfaction of the Local Government Unit to not be possible, the applicant would need to show that the impacts were minimized to the greatest extent practicable. 9. No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for this area. Two signed mylar copies of the final plat shall be submitted to our office for signatures along with an executed copy of the cross-parking and access-easement and a copy of the title commitment or deed. Three 1 "=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. Financial security in the form of a letter of credit or cash escrow in the amount of $13,200.00 to guarantee the installation of the pond, erosion control, and seeding as well as an administrative fee of $118,142.80 shall be submitted. Enclosed is a site plan agreement that must be executed by Eden Trace Corporation. Note that if there is a different property owner and/or mortgage holder on the property, they will need to sign the consent(s) at the end of the agreement. Return the agreement to me for City execution and recording at Carver County within 120 days of the approval (by August 22, 2008). The required security specified in the site plan agreement ($5,000.00) shall be submitted prior to the City issuing a building permit. A copy of the executed agreement will be returned for your files. CITY OF CHANHASSEN SITE PLAN PERMIT #08-07 SPECIAL PROVISIONS AGREEMENT dated April 14, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for illI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Audubon Corporate Center 1st Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A--Site Plan prepared Houwman Architects, dated February 15, 2008, revised March 5, 2008 and April 4, 2008. Plan B-- Grading Plan prepared by McCombs Frank Roos Associates, Inc., dated February 15, 2008, revised February 29,2008 and April 4, 2008. Plan C--Landscaping Plan prepared by McCombs Frank Roos Associates, Inc., dated February 15, 2008. Plan D--Utility Plans prepared by McCombs Frank Roos Associates, Inc., dated February 15,2008, revised February 29,2008 and April 4, 2008. Plan E--Erosion Control Plan/SWPPP prepared by McCombs Frank Roos Associates, Inc., dated February 15,2008, revised February 29,2008 and April 4, 2008. 1 4. Time of Performance. The Developer shall install all required screening and landscaping by October 31, 2008. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a Site Plan for illI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases subject to the following conditions: a. The applicant shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The development shows metal halide lighting which must be revised to high-pressure sodium vapor. All light fixtures shall be shielded. 2 c. The developer shall provide a sidewalk connection from the site to the trail on Audubon Road. Pedestrian ramps shall be provided at all curb cuts. d. The future building expansion shall continue the same architectural detailing of the first phase of the building. e. The applicant shall meet minimum requirements in all bufferyard areas. f. The applicant shall plant three boulevard trees along Audubon Road in the empty spaces created by entry drive rearrangements. g. The applicant shall meet minimum requirements for parking lot trees. h. The future expansion area will be seeded with a fescue mix and planted with bare root aspens, or other trees as approved by the City, at a spacing of 15 feet. These trees may be removed with no penalty when the expansion is needed. 1. The applicant shall use BWSR U8 in all graded areas along the eastern property line. J. Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. k. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this IS-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 1. The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. m. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. n. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. o. A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 3 p. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50- 75 feet. q. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. r. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. s. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. t. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. u. A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved Section 508.5.5 MSFC. v. Post fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, Fire Department inlet connections or fire protection control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernable. The Fire Department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Section 508.5.4 MSFC. w. No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. x. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 4 y. Yellow curbing and no parking fire lane signs will be required. The developer shall contact the Chanhassen Fire Marshall for exact location of yellow curbing and locations of signs to be installed. z. Dumpsters, if placed outside, shall be properly screened. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: EDEN TRACE CORPORATION BY: Its 5 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 200_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC ST ATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ by of Eden Trace Corporation. NOTARY PUBLIC DRAFfEDBY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 6 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 7 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 8 G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless 9 the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. o. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 10 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of ,200_ By STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ , by NOTARYPUBUC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 11 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of ,20 . STATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard p.o. Box 147 Chanhassen, MN 55317 (952) 227-1100 12