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Administration
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MEMORANDUM
TO'
FROM:
DATE:
Teresa Burgess, City Engineer/Director of Public Works
Matt Saam, Assistant City Engineer
September 13, 2002
SUBJ:
Approve Amendment to Development Contract for Lake Lucy
Ridge - Project No. 01-03
Prior to recording the final plat and development contract for the above-referenced
project, the City atto~Ttey's office has discovered a discrepancy between the legal
descriptions of the property on the final plat and development contract. In order
to record each document, the legal descriptions must be identical. Staff has since
worked with the developer's land surveyor to correct the legal description on the
development contract. The Conditions of Approval remain as previously-
approved on May 28, 2002. Attached is a revised development contract
incorporating these changes.
It is therefore recommended that the City Council approve the revised
development contract dated September 23, 2002.
jillS
Attachment: Revised Development Contract
c:
Shannin A1-Jaff, Senior Planner
Randy Noecker, Noecker Development, LLC
g:\eng\projects\lake lucy ridge\amended dc.doc
The City of Chanhassen. ' ,p,.,,,ng cc:rr;mu%' v,'i[fi clean !akes. aua!ily schools, a charming downtown, thriving businesses, wind ng trails, and beautiful parks. A great place to live. work. and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LAKE LUCY RIDGE
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
lo
2.
3.
4.
5.
6.
7.
8.
9.
REQUEST FOR PLAT APPROVAL ................................. _ .......................................... SP-1
CONDITIONS OF PLAT APPROVAL ........................................................................ SP- 1
DEVELOPMENT PLANS ............................................................................................ SP- 1
IMPROVEMENTS ........................................................................................................ SP-2
TIME OF PERFORMANCE ......................................................................................... SP-2
SECURITY .................................................................................................................... SP-2
NOTICES ....................................................................................................................... SP-3
OTHER SPECIAL CONDITIONS ................................................................................ SP-3
GENERAL CONDITIONS ............................................................................................ SP-9
GENERAL CONDITIONS
o
2.
3.
4.
5.
6.
7.
7A.
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9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
RIGHT TO PROCEED ................................................................................................. GC-1
PHASE DEVELOPMENT ........................................................................................... GC- 1
EFFECT OF SUBDIVISION APPROVAL .................................................................. GC-1
IMPROVEMENTS ....................................................................................................... GC-1
IRON MONUMENTS .................................................................................................. GC-2
LICENSE ...................................................................................................................... GC-2
SITE EROSION CONTROL ........................................................................................ GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING...~ ................................................................................................................ GC-2
CLEAN UP ................................................................................................................... GC-2
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-2
CLAIMS ........................................................................................................................ GC-3
PARK AND TRAIL DEDICATION ............................................................................ GC-3
LANDSCAPING .......................................................................................................... GC-3
WARRANTY ............................................................................................................... GC-4
LOT PLANS ................................................................................................................. GC-4
EXISTING ASSESSMENTS ....................................................................................... GC-4
HOOK-UP CHARGES ................................................................................................. GC-4
PUBLIC STREET LIGHTING ..................................................................................... GC-4
SIGNAGE ..................................................................................................................... GC-4
HOUSE PADS .............................................................................................................. GC-4
RESPONSIBILITY FOR COSTS ................................................................................. GC-4
DEVELOPER'S DEFAULT ......................................................................................... GC-6
MISCELLANEOUS
mo
B.
C.
D.
E.
Construction Trailers ........................................................................................ GC-6
Postal Service .................................................................................................... GC-6
Third Parties ...................................................................................................... GC-6
Breach of Contract ............................................................................................ GC-6
Severability ....................................................................................................... GC-6
Fo
G.
H.
I.
J.
K.
L.
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N.
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P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
Building Permits ............................................................................................... GC-6
Waivers/Amendments ....................................................................................... GC-7
Release .............................................................................................................. GC-7
Insurance ........................................................................ : .................................. GC-7
Remedies ........................................................................................................... GC-7
Assignability ........................................................... - .......................................... GC-7
Construction Hours ........................................................................................... GC-7
Noise Amplification .......................................................................................... GC~8
Access ............................................................................................................... GC-8
Street Maintenance ............................................................................................ GC-8
Stom~ Sewer Maintenance ................................................................................ GC-8
Soil Treatment Systems .................................................................................... GC-8
Variances ........................................................................................................... GC-8
Compliance with Laws, Ordinances, and Regulations ...................................... GC-9
Proof of Title ..................................................................................................... GC-9
Soil Conditions ................................................................................................. GC-9
Soil Co~u'ection .................................................................................................. GC-9
Haul Routes ............................................................................................................ GC-9
Development Signs ................................................................................................ GC-9
Construction Plans ............................................................................................... GC- 10
As-Built Lot Smx~eys ........................................................................................... GC- 10
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKE LUCY RIDGE
SPECIAL PROVISIONS
AGREEMENT dated September 23, 2002 by and bet~veen the CITY OF CHANHASSEN,
a Minnesota municipal corporation (the "City"), and, NOECKER DEVELOPMENT, LLC, a
Minnesota Limited Liability Company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Lake Lucy Ridge (refen-ed to in this Contract as the "plat"). The land is legally described on the
attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract and furnish the security required by it.
3. Development Plans. The plat shall be developed in accordance xvith the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Contract, but before con~rnencement of
any work in the plat. If the plans vary from the written terms of this Contract, the xvritten terms
shall control. The plans are:
Plan A:
Final plat approved May 28, 2002, prepared by Carlson & Carlson, Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated April 17, 2002, prepared by
Mattke Smweying & Engineering.
Plan C:
Plans and Specifications for Improvements dated May 3, 2002, prepared by Mattke
Surveying & Engineering.
Plan D:
Landscape Plan dated March 15, 2002, prepared by Mattke Surveying &
Engineering.
Revised 3/24/99
SP-1
4. Improvements. The Developer shall install and pay for the £ollowing:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Sm-~Teying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
June 30, 2003. The Developer may, however, request an extension of time fi:om 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.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, pasqnent of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City xvith a letter of credit fi'om a bank or cash
escrow ("security") for $712,791.00. The amount of the security was calculated as 110% of the
folloxving:
Site Grading/Restoration
$ 115,000.00
Sanitary Sewer $ 99,659.00
Wate~Tnain $ 37,570.00
Storm Sewer, Drainage System, including cleaning and maintenance
$ 66,250.00
Streets $ 211,280.00
Street lights and si~s
$ 3,000.00
Erosion control $ 10,000.00
Engineering, surveying, and inspection
$ 37,993.00
Landscaping $ 67,240.00
TOTAL COST OF PUBLIC IMPROVEMENTS
$ 647.992.00
SP-2
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The security shall be for a term ending
November 14, 2003. The City may draw down the security, without notice, for any violation of the
terms of this Contract. If the required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the draw shall be used to cure the default. With City approval, the security may be reduced
from time to time as financial obligations are paid, but in no case shall the security be reduced to a
point less than 10% of the original amount until all improvements are complete and accepted by the
City.
7. Notice. 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 registered
mail at the following address:
Randy Noecker
Noecker Developer, LLC
8315 Pleasant View Drive
Mounds View, MN 55112
Phone: 763-786-6387
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chm~hassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
Ao
The applicant shall enter into the development contract and supply the City with a cash
escrow or letter of credit in the amount of $712,791 and pay an administration fee of
$56,642.
Bo
The applicant's engineer shall work xvith City staff in revising the construction plans to meet
City standards.
Co
Street lights shall be located at all intersections and at the end of the cul-de-sac.
D.
A minimuln of three overstory trees shall be required in the front yard of each lot.
U.
Proposed boulevard planting along all pUblic streets shall be located outside of the right-
of-way. Planting and maintenance of these trees will be the responsibility of the
developer/development.
Fo
Tree protection fencing is required around all trees proposed to be saved. Any tree lost
will be replaced at a rate of2:1 diameter inches.
SP-3
Gl
The applicant shall submit to the city a table listing the lot and block and the number of
trees required on that property.
Trees required on each lot, each are 2 ½" diameter:
Block 1, lot 1 8 Block 3, lot 3 13
Block 1, lot 2 8 Block 3, lot 4 14
Block 1, lot 3 11 Block 3, lot 5 10
Block 1, lot 4 14 Block 3, lot 6 12
Block 3, lot 7 7
Block 2, lot 1 5 Block 3, lot 8 4
Block 2, lot 2 7 Block 3, lot 9 7
Block 2, lot 3 11 Block 3, lot 7
10
Block 3, lot 1
Block 3, lot 2 12
H0
The developer shall be responsible for installing all landscape materials proposed in
buffer yard and rear yard areas.
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 and traffic control plans.
Jo
Erosion control measures and site restoration shall be developed in accordance with the
City's Best Management Practice Handbook (BMPH). Staff recommends that the City's
Type III erosion control fence, which is a heavy-duty silt fence, be used for the areas
adjacent to all wetland fill areas, areas to be preserved as buffer or, if no buffer is to be
preserved, at the delineated wetland edge. Erosion control matting or wood fiber blankets
will be required for the steep, rear yard slopes of those lots in the north and southwesterly
portions of the site. A 75-foot rock construction entrance is required at the site access off
of Lake Lucy Road.
K,
The two underlying parcels of this development have each been previously assessed for
one water hookup and com~ection charge. The assessments, however, have not been paid.
Staff is recolnmending that the two previously assessed connection charges, which total
$8,670 (2002 rates), be respread over the 21 newly created lots. h~ addition, each newly
created lot will be required to pay a sewer and water hookup charge of $1,383 and
$1,802 (2002 rates), respectively. Since the property is within the Lake Ann sewer
district, a sewer interceptor charge of $1,057 and a sub-trunk charge of $866 will also be
due on each lot. The sewer and water lateral connection charges for the new lots will be
'waived contingent on the developer installing the internal lateral utility lines. All of the
above fees are due at the time of building permit issuance.
SP-4
L,
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P,
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So
To
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Utility improvements will be required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. Detailed construction plans
and specifications will be required at the time of final platting.- The applicant will also be
required to enter into a development contract with the City and to. supply the necessary
financial security in the form of a letter of credit or cash escrow to guarantee installation
of the improvements and the conditions of final plat approval.
Increase the amount of platted right-of-way along Lake Lucy Road from 74-feet to 80-feet
in width. This is the minimum required right-of-way width for collector streets, such as
Lake Lucy Road, in Chanhassen.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e., Watershed District, Metropolitan Environmental Service Commission, Health
Department, Minnesota Pollution Control Agency, Army Corp. of Engineers, Minnesota
Department of Natural Resources, and comply with their conditions of approval.
The applicant shall include a draintile system behind the curbs to convey sump pump
discharge from homes not adjacent to ponds or wetlands.
The horizontal curves at the south end of Lucy Ridge Lane do not meet a 30 m.p.h.
design. As such, the curves xvill have to be posted at a slower speed.
A temporary cul-de-sac turnaround for emergency vehicles will be required at the south
end of Lucy Ridge Lane along with a sign stating that the road will be extended in the
future.
Submit a temporary easement for the proposed offsite grading on Ashling Meadows
property. The proposed and existing contours for the Ashling Meadows site must be
shown on the grading plan to ensure that the grading and drainage will work.
The proposed sanitary sewer lift station shall be designed to serve this development and
the neighboring properties to the east. Any oversizing of the sewer forcemain or lift
station pumps, beyond what is needed to serve this development, will be a City cost.
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420).
Wetland buffer areas shall be preserved unless otherwise approved by the City. All
disturbed buffer areas shall be revegetated with native, non-invasive vegetation. Buffers
shall be surveyed and staked in accordance with the City's wetland ordinance. The
applicant shall install wetland buffer edge signs, under the direction of City staff, before
· construction begins and shall pay the City $20 per sign.
All structures shall maintain a 40-foot setback from the edge of the wetland buffer.
SP-5
W,
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All bluff areas shall be preserved. In addition, all structures shall maintain a 30-foot
setback from the bluff and no grading shall occur within the bluff impact zone (i.e., the
bluff and land located within 20 feet from the top or toe of a bluff).
Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas and storm water ponds.
Any disturbed wetland areas shall be reseeded with MnDOT seed mix 25 A, or a similar
seed mix that is approved for wetland soil conditions. All upland areas disturbed as a
result of construction activities shall be immediately restored with seed and disc-mulched,
covered with a wood-fiber blanket or sodded within t~vo weeks of completion of each
activity in accordance with the City's Best Management Practice Handbook.
Based on the proposed developed area of approximately 12.94 acres, the water quality
fees associated with this project are $10,352; the water quantity fees are approximately
$25,621. The applicant will be credited for water quality where NURP basins are
provided to treat runoff from the site. This will be determined upon review of the
ponding and storm sewer calculations. At this time, the estimated total SWEMP fee, due
payable to the City at the time of final plat recording, is $35,973.
Fire Marshal Conditions:
,
.
.
.
Submit a plan to the Fire Marshal indicating roads and location of proposed fire
hydrants only for review. The submitted plans: grading, drainage, erosion control
plan and preliminary utility plan are too congested at this time.
A 1 O-foot clear space must be maintained around fire hydrants i.e., street lamps,
trees, bushes, shrubs, Qwest, Xcel Energy, cable TV and transfo~Tner boxes. This
is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chamhassen City Ordinance #9-1.
No burning permits will be issued for trees to be removed. Trees and brush must
be either removed from site or chipped.
An approved turn around shall be designed and installed at the south end of Lucy
Ridge Lane to allow the tm-ning around of fire apparatus. Submit cul-de-sac
design and dimensions to City Engineer and Chanhassen Fire Marshal for review
and approval. Pursuant to 1997 Uniform Fire Code Section 902.2.2.4.
When fire protection, including fire apparatus access roads and water supplies for
fire protection is required to be installed, such protection shall be installed and
made serviceable prior to and during time of construction. Pursuant to 1997
Unifonn Fire Code Section 901.3.
SP-6
BB.
CC.
6~
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to
provide all weather driving capabilities. Pursuant to 1997 Uniform Fire Code
Section 902.2.2.2.
Park and Recreation Conditions:
The following conditions must be met for the trail alignment:
1. A 20-foot trail easement is identified.
2. The trail alignment is not within the wetland buffer.
o
The trail easement may abut lot lines, but the trail alignment must maintain a
minimum 6-foot separation from lot lines.
.
The pond berm, which the trail crosses, must maintain a minimum top width of 12
feet to allow for a 2 foot "clear" on either side of the trail.
5. The 8-foot bituminous trail shall be extended to Lake Lucy Road.
o
The applicant shall be responsible for the construction of the trail xvith
reimbursement for material costs being made from the City's Park and Trail Fund.
The trail shall be 8-feet wide and built of bituminous material to city
specifications. Full park fees ($25,500 Park Fees, and $8,500 Trail Fees), with
one-third being paid at the time of platting and two-thirds at the time of the
individual building permits, shall also be paid.
Building Official Condition:
Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
,
A demolition permit will be required prior to removal of the existing structures on
the site.
DD. All structures shall comply with the following table:
SP-7
Ordinance
BLOCK 1
Lot 1
Lot 2
Lot 3
Lot 4
Block 2
Lot 1
Lot 2
Lot 3
Block 3
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Outlot A
Outlot B
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
Area Width Depth Setback
15,000 90' 125' 30' front/rear
10' sides
25,322 170.79' 176' 30'/50'*/30***
10'
21,931 110.59' 188' 30'/30'/30***
10'
21,120 110' 192' 30'/30'
10'
26,700 115.42' 206.59 30'/30'
206.59 comerlot 10'
21,055 120'
22,OO8 116'
22,689
127.54
164'comer lot
175' 30'/30'
10'
194' 3O'/3O'
10"
187.69 30'/30'
10'
22,080
19,596
19,670
19,877
29,583
18,781
18,526
20,003
30,755
89.22' on curve 160'
125.87' corner lot
84.08' on curve 181'
94.21 175
109 on curve 170'
127.69' on curve 229'
77.76'on cmwe 180'
218'and 128'comerlot
207' 146'
73.80' on curVe 173'
84.55on curve 235'
33,213 95' 278'
27,000
291,196
30'/30'/60'*
10'
30'/30'/60**
10'
30'/30'/60'*
10'
30'/30'/60'*
10'
30%0'/60**
10'/30'***
30'/30'/
10'
30%0'
10'
30'/30'
10'
30'/30'***
10'/60'*
30'/30'***
10'/60'*
SP-8
The 50-foot setback includes a 10-foot average wetland buffer in addition to a 40-foot
structure setback.
The 60-foot setback includes a 20-foot average wetland buffer in addition to a
40-foot structure setback.
*** The 30-foot bluff setback includes a 20-foot bluff impact zone."
9. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-9
CITY OF CHANHASSEN
(SEAL)
BY:
Linda C. Jansen, Mayor
Todd Gerhardt, City Manager
NOECKER DEVELOPMENT, LLC:
BY:
Randy Noecker, Chief Manager
STATE OF MINNESOTA )
( SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of ,
20 , by Linda C. Jansen, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chm~assen, a Mimaesota municipal corporation, on behalf of the corporation and pursuant to the
authority gq'anted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( SS.
COUNTY OF )
The foregoing instmlnent was acknowledged before me this __ day of ,
20__, by Randy Noecker, Chief Manager of Noecker Development, LLC, a Minnesota Limit
Liability Corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-10
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
PARCEL 1:
That part of Government Lot 1 and the Northeast Quarter of the Southeast Quarter of Section 3,
Township 116 North, Range 23 West of the 5th Principal Meridian described as follows:
Commencing at the Northwest comer of the East 33.00 feet of the said Northeast Quarter of the
Southeast Quarter; thence Westerly, along the North line of said Northeast Quarter of the Southeast
Quarter a distance of 1278.42 feet to the Northwest comer of said Northeast Quarter of the
Southeast Quarter; thence on an assumed bearing of South 00 degrees 49 minutes 12 seconds East,
along the West line of said Northeast Quarter of the Southeast Quarter a distance of 1188.00 feet to
the point of beginning of the land to be described; thence North 89 degrees 10 minutes 48 seconds
East a distance of 99.53 feet; thence South 20 degrees 07 minutes 32 seconds East a distance of
579.70 feet; thence North 89 degrees 10 minutes 48 seconds East a distance of 33.00 feet; thence
South 50 degrees 49 minutes 12 seconds East a distance of 100.00 feet; thence South 24 degrees 49
minutes 12 seconds East a distance of 100.00 feet; thence South 10 degrees 04 minutes 12 seconds
East a distance of 250.89 feet to the intersection with the North line of Registered Land Survey No.
89, Files of the Registrar of Titles, Carver County, Minnesota; thence North 89 degrees 37 minutes
56 seconds West, along the North line of said Registered Land Survey No. 89 to its intersection
with the West line of said Government Lot 1 and the West line of said Northeast Quarter of the
Southeast Quarter; thence North 00 degrees 49 minutes 12 seconds West along said West line a
distance of 940.37 feet to the point of beginning, according to the United States Government
Survey thereof and situate in Carver County, Minnesota.
Also
That part of the Southwest Quarter of the Southeast Quarter and the Northwest Quarter of the
Southeast Quarter of Section 3, Township 116 North, Range 23 West of the 5th Principal Meridian
described as follows:
Commencing at the Northwest corner of the East 33.00 feet of the Northeast Quarter of the
Southeast Quarter; thence Westerly along the North line of said Northeast Quarter of the Southeast
Quarter a distance of 1278.42 feet to the Northwest comer of said Northeast Quarter of the
Southeast Quarter; thence on an assumed beating of South 00 degrees 49 minutes 12 seconds East
along the West line of said Northeast Quarter of the Southeast Quarter a distance of 1188.00 feet to
the Point of beginning of the land to be described; thence continuing South 00 degrees 49 minutes
12 seconds East along the said West line of said Northeast Quarter and East line of said Southwest
SP-11
Quarter a distance of 940.37 feet to its intersection with the North line of Tract C, Registered Land
Survey No. 89, Files of the Registrar of Titles, Carver County, Minnesota; thence North 89 degrees
37 minutes 56 seconds West along said North line a distance of 222.75 feet to its intersection with
the East line of Tract A Registered Land Survey No. 102 Files of Registrar of Titles, Carver
County, Minnesota; thence North 00 degrees 00 minutes 18 seconds West along the East line of
said Registered Land Survey No. 102, and its Northerly extension a distance of 935.85 feet to its
intersection with the Southerly right of way, street and utility easement per Document Number
20994 and 20995; thence North 89 degrees 10 minutes 48 seconds East along said Southerly line a
distance of 209.39 feet to the West line of the Northeast Quarter of the Southeast Quarter; thence
South 00 degrees 49 minutes 12 seconds East along said West line of the Northeast Quarter of the
Southeast Quarter a distance of 7.07 feet to the point of beginning; according to the United States
Govermnent Survey thereof and situate in Carver County, Minnesota.
PARCEL 2:
Outlet A, Lake Lucy Highlands, Carver County, Minnesota.
SP-12
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, 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 ,20
STATE OF MINNESOTA )
COUNTY OF )
( SS.
20
The foregoing instrument was ackmowledged before me this
,by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-13
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Western Bank
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this ~ day of ,20
Cynthia R. Carlson, Vice President
STATE OF MiN~TESOTA )
COUNTY OF )
( SS.
2O
The foregoing instrument ,,vas acknowledged before me this __
by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
SP-14
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private 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, 3) the plat has been
recorded with the County Recorder's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from the date of this Contract,
no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service 'area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this
Contract to the contrary, to the full extent permitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all
necessary permits fi'om the Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
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preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
6. 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 plat development.
7. Site Erosion Control. Before the site is rough graded, and before any utility
construction is commenced or 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
othem, ise 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 of
supplementary instructions received fi'om the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City ~vill 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 the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. 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 the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
Code § 20-94.
8. 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.
9. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
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inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the f'mancial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
11. Park and Trail Dedication. At the time of issuance of building permits for
construction, the Developer, its successors or assigns, shall pay to the City the park and trail
dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions.
One-third (1/3) of the park and trail cash contribution shall be paid contemporaneously with the
City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time
building permits are issued: rate in effect when a building permit is issued minus the amount
previously paid. ~
12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and property line). In addition to any sod required as a
part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area
and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place
at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of
cash or letter of credit shall be provided to the City. These conditions must then be complied with
within two (2) months after the certificate of occupancy issued, except that if the certificate of
occupancy is issued between October 1 through May 1 these conditions must be complied with by
the following July 1st. Upon expiration of the time period, inspections will be conducted by City
staff to verify satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection.
Ailer satisfactory inspection, the financial guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the requirements. The City may also use the
escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to
satisfy any other requirements of this Contract or of City ordinances. These requirements
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supplement, but do not replace, specific landscaping conditions that may have been required by the
City Council for project approval.
13. Warranty. The Developer warrants all work required to be performed by it against
poor material and faulty workmanship for a period of two (2) years after its completion and
acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and
disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance. The security amount shall be 100% of the total construction cost.
14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away fi:om buildings and that tree removal is consistent with development plans and City
Ordinance.
15. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building permit unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application.
17. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. A plan shall be submitted for the City Engineer's
approval prior to the installation. Before the City signs the final plat, the Developer shall pay the
City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for
furnishing electricity for each public street light for twenty (20) months.
18. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
19. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
20. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
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acceptance of improvements. This fee does not cover the City's cost for construction inspections.
The fee shall be calculated as follows:
if the cost of the construction of public improvements is less than
$500,000, three percent (3%) of construction costs;
ii)
if the cost of the construction of public, improvements is between
$500,000 and $1,000,000, three percent (3%) of construction costs
for the first $500,000 and two percent (2%) of construction costs
over $500,000;
iii)
if the cost of the construction of public improvements is over
$1,000,000, two and one-half percent (2½%) of construction costs
for the first $1,000,000 and one and one-half percent (1½%) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 20E of this Agreement.
C. 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 plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees.
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G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format.
21. 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.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a pm't of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property xvithin
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
selwice in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
ptrrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Buildin~ Permits. Building permits will not be issued in the plat until sanitary
sexver, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
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streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
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. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance coveting
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any
of them. Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed 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.
K. Assignability. The Developer may not assign this Contract without the written
pemfission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be from 7:00 a.m. to 6:00 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. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed after dark shall be adequately illuminated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
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First violation $
Second violation $
Third & subsequent violations
500.00
1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
pen-nits or occupancy permits for tots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If streets become impassable, the City may order that such streets
shall be bandcaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
sen, ice does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storn~ water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and sto~Tn drainage improvements in the plat have been
accepted by the City. Twenty percent (20%) of the storn~ sewer costs, shown under section 6 of the
special provisions of this contract, will be held by the City for the duration of the 2-year
maintenance period.
Q. 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 platting 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.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
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S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat 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(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. 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 to
enter into this Development Contract.
U. 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 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.
V. Soil Con'ection. 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. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines fi.om observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
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Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 1 l"x17" reduced
construction plan sets and three sets of specifications. Within sixty (60) days after the completion
of the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as-built plans in both .dxf & .tif format, and (8) digital file of utility tie sheets in either .doc
or .tif format. The Developer is required to submit the final plat in electronic format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. 'The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor.
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