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1c2 Galpin Business Park SpecsCITYOF MEMORANDUM TO: Teresa Burgess, Director of Public Works/City Engineer 690 City Ce,ret Drive PO Box 147 Chanhasse,. Mi, nesota 55317 Phone 952.937.I900 Ge, eral £ax 952.937.5739 Engineering Department Far 952.937.9152 Building Depamne, t Fax 952.934.2524 FROM: DATE: SUBJ: Matt Saam, Assistant City Engineer/~ February 20, 2002 Approve Development Contract and Construction Plans and Specifications for Galpin Business Park - Project No. 02-01 The attached development contract incorporates the conditions of approval from the final platting and construction plans and specifications review process. Staff has calculated the required financial security to guarantee compliance with the terms of the development contract at $144,363 and the administration fees total of $21,392 which includes 1/3 of the required Park/Trail fees and all SWMP fees. ItSb Site lt,Ww, ci. cha,hasse,. The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant's engineer to modify the plans according!y. It is therefore recommended that the construction plans and specifications for Galpin Business Park dated January 31, 2002, prepared by Schoell & Madson, Inc. and the development contract dated February 25, 2002 be approved conditioned upon the following: 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $144,363 and pay an administration fee of $21,392. 2. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. Attachments: 1. 2. o Development Contract dated February 25, 2002. Construction plans and specifications are available for review in the Engineering Department. Breakdown of administration fees dated February 19, 2002. .... ,--,,~.,,,-~.,. ,,~t: COPY c: Richard Hexum, Chanhassen Development, LLC g:\eng\projects\galpin business parkXapprove dc.doc Received Revision No. Approved by Ci,*y Date ~ Approved by CJ~y Council Cin, of Cha,hasse,. A ~rowi, r commtmin, with dean b/eer, a,a/itv CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GALPIN BUSINESS PARK DEVELOPMENT CONTRACT/PUD AGREEMENT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE o 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-5 EXHIBIT B - GENERAL CONDITIONS o 2. 3. 4. 5. 6. 7. 7A. o 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 LIP ................................................................................................................... GC-2 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-2 CLAIMS ........................................................................................................................ GC-3 PARK AND TRAIL DEDICATION ............................................................................ GC-3 LANDSCAPING .......................................................................................................... GC-3 WARRANTY ............................................................................................................... GC-3 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 A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-6 C. Third Parties ...................................................................................................... GC-6 D. Breach of Contract ............................................................................................ GC-6 E. Severability ....................................................................................................... GC-6 F. Building Permits ............................................................................................... GC-6 G. Waivers/Amendments ....................................................................................... GC-6 i H, I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. Release .............................................................................................................. GC-6 Insurance ........................................................................................................... GC-7 Remedies ........................................................................................................... GC-7 Assignability ..................................................................................................... GC-7 Construction Hours ........................................................................................... GC-7 Noise Amplification .......................................................................................... GC-7 Access ............................................................................................................... GC-7 Street Maintenance ............................................................................................ GC-8 Storm Sewer Maintenance ................................................................................ GC-8 Soil Treatment Systems .................................................................................... GC-8 Variances ........................................................................................................... GC-8 Compliance with Laws, Ordinances, and Regulations ...................................... GC-8 Proof of Title ..................................................................................................... GC-8 Soil Conditions ................................................................................................. GC-9 Soil CmTection .................................................................................................. GC-9 Haul Routes ............................................................................................................ GC-9 Development Signs ................................................................................................ GC-9 Construction Plans ............................................................................................ GC-9 As-Built Lot Surveys ......................................................................................... GC-9 EXHIBIT C - DEVELOPMENT DESIGN STANDARDS CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) GALPIN BUSINESS PARK SPECIAL PROVISIONS AGREEMENT dated February 25, 2002 by and between the CITY OF CHANHASSEN, a Mirmesota municipal corporation (the "City"), and CHANHASSEN 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 Galpin Business Park (referred 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 with 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 commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved February 25, 2002, prepared by Schoell & Madson, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated January 31, 2002, prepared by Schoell & Madson, Inc. Plan C: Plans and Specifications for Improvements dated January 31, 2002, prepared by Schoell & Madson, Inc. Plan D: Landscape Plan dated December 14, 2001, prepared by Alliant Engineering. Revised 3/24/99 SP-1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Site Grading/Restoration E. Underground Utilities (e.g. gas, electric, telephone, CATV) F. Setting of Lot and Block Monuments G. Surveying and Staking H. Landscaping I. 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, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit fi:om a bank or cash escrow ("security") for $144,363.00. The amount of the security was calculated as 110% of the following: Site Grading/Restoration $ 25,000.00 Sanitary Sewer $ 27,780.00 Watermain $ 6,106.00 Stom~ Sewer, Drainage System, including cleaning and maintenance $ 21,565.00 Erosion control $ 8,925.00 Engineering, surveying, and inspection $ 8,938.00 Landscaping $ 32,925.00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 131~239.00 This breakdoxvn 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 15, 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 SP-2 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: Richard L. Hexum Chanhassen Development LLC 14671 West County Highway E Stone Lake, WI 54876 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: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. The developer shall enter into a development contract/PUD agreement with the city. B. The development design standards shall be incorporated as an exhibit to the development contract/PUD agreement. All development of the property shall comply with the design standards. C. The Galpin Business Park shall be required to pay full park and trail dedication fees pursuant to city ordinance. - Do A 0' to 20' wide wetland buffer (with a minimum average width of 10') shall be maintained around this wetland basin. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. Wetland buffer edge signs shall be installed, under the direction of City staff, before construction begins and shall be purchased from the City for $20 per sign. Any disturbed wetland buffer areas shall be reestablished using native wet meadow species from the Bluff Creek Natural Resources Management Plan (Appendix C: Bluff Creek Environmental Corridor Common Plant Species of Natural Communities) or other species as approved by City staff. In addition, all structures shall maintain a 40' setback from the wetland buffer edge. The wetland buffer and setback shall be shown on the grading plan. E. Based on the proposed developed area of 3.76 acres, the water quality fees associated with this project are $22,336.02 and the water quantity fees are $16,480.80. Current calculations indicate that the project proposes water quality ponding for approximately 4.41 acres. This results in water quality credits equaling $26,058.69. The project also proposes providing 1 outlet structure, which results in a credit of $2,500.00. The total net SWMP fee, due payable to the City at the time of final plat recording, is $10,258.00. SP-3 F. Private utility easements will be required for the storm sewer line that runs from Lot 2 to Lot 1. G. Add the following City of Chanhassen Detail Plate Nos. 1002, 1006, 2101, 2103, 2109, 2110, 2203, 3108. H. The pond is required to be designed to National Urban Runoff Program (NUR2~) standards. I. Revise Arboretum Boulevard to West 78th Street. J. The minimum storm sewer pipe allowed is 12" RCP. Revise the pond outlet pipe to comply. K. Revise detail plate nos. 1004 and 5300 to show the most recent version of the plates. L, The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. The storm sewer will have to be designed for a 1 O-year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Emergency overflows from all storm water ponds will also be required on the construction plans. M. Silt fence shall be added around the perimeter grading limits of the site. The silt fence, shown on the plan adjacent to the existing wetland must be Type llI, heavy-duty. Silt fence shall be promptly removed upon completion of construction. N. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. O. Each newly created lot will be subject to City sanitary sewer and water hook up charges at the time of building permit issuance. The 2002 trunk utility hook up charges are $1,383 per unit for sanitary sewer and $1,802 per unit for water. Po Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant will also be required to enter into a development contract with the City and 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, MnDOT, etc. Q. Cross-access easements will need to be obtained and recorded against the lots for each of the entrance drives. R. On the utility plan: - Change the 8" tee on the watermain going to Lot 2 to an 8"x6" tee and delete the 8"x6" reducer. SP-4 - Add a 6" gate valve on the watennain going to Lot 1 just past the 8"x6" reducer. - Change the type of public watermain from DIP to PVC C-900. - Change storm manhole 1 to a 2-foot sump structure. - Show all of the existing utilities in Galpin Boulevard and W. 78th Street. S. On the grading plan:Show the benchmark used for the site survey. - Show all of the existing utilities in Galpin Boulevard and W. 78th Street. - Revise sheet title to "Preliminary Grading, Drainage & Erosion Control Plan." - Remove the proposed water and sanitary sewer lines. T. The developer shall record a conservation easement over Outlot B. U. Development of Lot 1, Outlots A and B will be done simultaneously. V. The developer shall work with staff to revise the landscaping plan according to the Bluff Creek Watershed Natural Resources Management Plan as well as provide adequate landscaping buffer adjacent to the parking area and to screen the development along West 78th Street. W. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $144,363 and pay an administration fee of $21,392. X. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. 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-5 CITY OF CHANHASSEN (SEAL) BY: Linda C. Jansen, Mayor Todd Gerhardt, City Manager DEVELOPER: Chanhassen Development LLC BY: Richard L. Hexum, Its Managing Partner STATE OF MINNESOTA ) ( SS. COUNTY OF CARVER ) The foregoing instrument was ackmowledged before me this __ day of , 20 , by Linda C. Jansen, Mayor, and by Todd Gerhardt, City Manager, of the City of Chm~qassen, a Mi~mesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( SS. COUNTY OF ) 20 The foregoing instrument was ack2~owledged before me this __, by day of DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chmthassen, MN 55317 (952) 227-1100 NOTARY PUBLIC SP-6 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the Southwest Quarter of Section 10, Township 116, Range 23, and that part of the Northwest Quarter of Section 15, Township 116, Range 23, Carver County, Minnesota, which lies southeasterly of County Road No. 117 (also known as Galpin Lake Road); northerly of State Trunk Highway No. 5; and southwesterly and westerly of the following' described line; Commencing at the West Quarter comer of said Section 10; thence on an assumed bearing of South 0 1 degrees 56 minutes 40 seconds East along the west line of said Southwest Quarter, a distance 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bears North 79 degrees 30 minutes 09 seconds West from said point; thence southwesterly along said curve, a distance of 383.79 feet, central angle 6 degrees 22 minutes 10 seconds; thence South 71 degrees 42 minutes 20 seconds East a distance of 301.07 feet; thence South 18 degrees 17 minutes 40 seconds West a distance of 466.33 feet to the point of beginning of the line to be described; thence North 65 degrees 12 minutes 03 seconds West a distance of 309.00 feet; thence along the last described line South 65 degrees 12 minutes 03 seconds East, through the point of beginning a distance of 715.27; thence South 27 degrees 55 minutes 06 seconds East a distance of 506.30 feet to the south line of said Southwest Quarter of Section 10; thence South 00 degrees 00 minutes 05 seconds East, a distance of 63.86 feet to the northerly right-of-way line of said Minnesota Trunk Highway No. 5, where said line terminates. EXCEPT that part which lies within Parcel 216 B as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT of WAY PLAT No. 10-08, recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT of TRANSPORTATION RIGHT of WAY PLAT No. 10-14, recorded as Document No. 279658. SP-7 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT 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 STATE OF MINNESOTA ) COUNTY OF ) ( SS. 2O The foregoing instrument was acknoxvledged 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-8 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 tSom 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 from 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 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. GC-1 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 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 of 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 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, fi.om streets and the surrounding area that has resulted fi.om 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 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 GC-2 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 financial 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. After 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 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 GC-3 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 from 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 txventy (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 acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) 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 GC-4 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. 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. GC-5 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 part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within 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 service 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 tiffs 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. Severabilit~. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the 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 GC-6 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 fi.om 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 fight, power or remedy. K. Assignabili _ty. The Developer may not assign this Contract without the written permission 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: 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 permits or occupancy permits for lots within the plat. GC-7 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 barricaded 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 service 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 storm 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 storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm 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. S. Compliance with Laws, Ordinances and~ations. 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. GC-8 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 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. 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. 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 f'mal 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. GC-9 EXHIBIT "C" GALPIN BUSINESS PARK DEVELOPMENT DESIGN STANDARDS (PUD) A. Intent Galpin Business Park is a PUD created to accommodate neighborhood services and conveniences. The use of PUD zoning is to allow for a greater variety of uses, the internal transfer of density, and construction phasing. In return, the development provides higher quality architectural standards and a more environmentally sensitive project. The goal is to preserve open space, protect wetlands and retain existing vegetation through the efficient/shared use of land, transitional and buffer landscapes. All future lots that are developed are to be reviewed based upon the development use and standards listed below. All submittals are to consist of: Architectural site plan Rendered building elevations Material board Grading and utility plans to conform to current city standards in effect when the proposed new development is submitted for review. Landscape plan to conform to the city landscape ordinance and these standards. Color rendering/photo-composite images of the new work proposed as seen from Highway 5 midpoint along the wetland in Outlot A, the intersection of Highway 5 and Galpin and the intersection of Galpin and West 78th Street. Three total. Mutual access, cross easements and maintenance agreements are required of all property owners. If discrepancies arise between the PUD and other sections of the city ordinances, the stated PUD shall govern for a period of up to two years after the final plat approval for Galpin Business Park. B. Permitted Uses The permitted uses for this PUD shall consist of and be limited to those listed and described below or as approved by the city council. The city council shall interpret whether or not a future use meets the following definitions. Convenience store with gas pumps, freestanding canopy and car wash. Dry cleaning and laundry pick-up stations. Retail shops. Self service laundry. Day care. Offices - professional and business. Health services/medical facilities. Financial institutions. Small appliance and shoe repair shops. Personal service establishments. Standard restaurants without a drive through. C-1 Fast Food restaurants without a drive through and integral (less than 40 percent of the building area) with a multi-tenant building. Veterinary clinics. Ancillary approved uses (in conjunction with and integral to a primary use). Telecommunications antennas/dishes if concealed from view at the public right of way. Parking. Trash/equipment enclosures. Up to a four lane covered drive through for a bank A single covered drive through for a pharmacy. Outdoor storage dispensing display, e.g., pop machine, ice machine, secure propane tank storage. ATM machines Prohibited uses' Outdoor storage and/or sales areas. Automotive sales, service and repair. Fast food with a drive through. C. Setbacks The development is to be regulated by the Highway 5 corridor HC-2 District and the PUD standards. There are no minimum requirements for building, parking or drive aisle setbacks on the interior lot lines within the PUD. Frontage Minimum Setback Building/Parking/Drive Aisle Maximum Setback Building Highway 5 70'/70'/50' 150' Galpin Boulevard 30'/20'/10' 100' West 78th Street 50'/20'/10' 100' Bluff Creek Overlay 40'/40'/40' N/A Wetland (Shown Outlot A) 50'/50'/50' N/A D. Lot Coverage The hard surface lot coverage will be limited to a maximum of 41% over the entire site. Any single lot may exceed the 41% requirement. The hard surface area of each lot is as follows: C-2 Lot Total Area HARDSURFACE AREA Building Paving (up to) % (up to) Footprint (up ' to) Lot 1 81,037 sf/1.86 ac 12,000 s.f. 61,359 s.f. 90% Lot 2 82,897 sf/1.9 ac 20,000 s.f. 46,317 s.f. 80% Outlot A 164,124 sf/3.86 ac 0 s.f. 16,754 s.f. 10% Outlot B 42,902 sf/.98 ac 0 s.f. 0 0% Total: 370,925 sf/8.52 ac 32,000 s.f. 124,430 s.fi 41% El Development Standards 1. SIZE, PORTION PLACEMENT a. Entries: Main entrances shall be oriented toward Highway 5. Entrances shall be designed with additional architectural detailing. b. Articulation: Buildings of more than 40 feet in width shall be divided into smaller increments, between 20 and 40 feet, through articulation of faCade. Large unadorned CMU walls; solid unrelieved walls without architectural detailing, changes in material, color, accents, fenestrations, etc.; or walls without significant visual interest in keeping with the mass, size and scale of the wall as viewed from public ways shall be prohibited. Buildings shall have varied and interesting detailing. No two structures are to be identical. All walls to incorporate architectural interest through building design or appropriate landscaping. Acceptable design shall incorporate changes in materials and colors, materials with textured surfaces, aggregate, etc. and/or offsets in the building walls. d. Multi-stor:~ Structures: Ground level of multi-story structure shall be visually distinct from upper stories. 2. MATERIAL AND DETAIL a. In order to meet the requirements of a PUD, the development must demonstrate a higher quality of architectural standards and design. b. All materials shall be of high quality and durability. Masonry or higher quality C-3 materials shall be used. Color shall be integral to the material used, i.e. colored CMU, brick, or stucco. No painted masonry surfaces will be allowed. Colored mortar is encouraged but not required. Co Acceptable materials include: 1. Brick. 2. CMU/Block - shall be of a decorative nature with either a split/rock face, burnished, fluted or scored. Block shall be used as a base material or for building accents (not to exceed 15 percent). 3. Stucco or EIFS, as an accent material (not to exceed 15 percent). 4. Stone - natural or manmade. 5. Glass - clear, colored, textured, translucent or glass block. 6. Laminated shingles, standing seam metal roofs, concrete or quarry tile roofs, or other materials as approved by the city council are to be used on all pitched roofing. 7. Metal panels, siding or structures may only be used for canopies, soffits, trim, HVAC screens and building accents. 8. Paved areas shall consist of any of the following: bituminous, stamped/colored bituminous, concrete, stamped/colored concrete, brick or stone pavers. 9. All building facades visible from a public right of way must be treated comparable to the rest of the building. Design elements must be used nearly equally on all sides. 10. Overhead doors where required, are to be screened as best as possible without interfering with their use or creating a safety hazard. Screening may consist of landscaping, earthen berms, or walls built to match the building. Screening does not need to be complete. Overhead doors shall be the same color as the primary building material. 11. Drive throughs are allowed if used in conjunction with a financial institution, pharmacy, or other occupancy specifically approved by the city council. No drive through will be allowed for fast food restaurants. The drive through must be connected to the principal building. The drive through shall not be located on the street frontage of a building. Materials must be of complementary appearance to the primary building. A convenience center fueling station canopy up to 20' above finished grade is allowed. 12. 3. COLOR Colors shall be harmonious. Building colors shall be muted colors with low reflectivity. Bright or brilliant colors and sharply contrasting colors may be used for accent purposes occupying a maximum of 10 percent of building fagade. b. All materials, color, size and texture, are to be approved to assure compatibility with the PUD. C-4 4. HEIGHT AND ROOF DESIGN Building heights shall be limited to 3 stories or 40', as measurement to the highest point from the top of the first floor elevation. The measurement shall include architectural details (parapets), transmission antennas, transmission equipment, satellite dishes, and non-structural building elements. Pitched roofs shall be measured to the midpoint of the roof. b. Each primary building shall incorporate one or more of the following: pitched roof, stepped parapet/roofs, or raised toxver elements depending upon the scale and type of building. Other architectural elements such as arches, vaults, canopies, recessed entries and niches, colonnades, detailing, etc., may be used to add architectural interest, direction or articulation to the buildings. 5. FAq:ADE TRANSPARENCY a. At least 50 percent of a building elevation adjacent to a public fight-of-way shall have windows and/or doors. Reflective glass is not permitted. 6. SITE FURNISHING a, Site furnishings shall be designed as part of the site architectural concept and landscape. Benches, tables and chairs and similar features shall be required with all new development. 7. FRANCHISE ARCHITECTURE a. Franchise architecture shall be revised if it does not comply with the design standards. 8. LOADING AREAS AND REFUSE AREAS, ETC. a. All accessory structures shall be complementary to the primary structure. bo All building and mechanical equipment, processing machinery, etc. mounted either on the ground, building or roof shall be screened from view from adjacent public right of ways. Screens shall consist of parapets and/or walls of compatible appearing materials. Wooden and chain link fences are prohibited. c. Each building shall incorporate space within the building or adjacent enclosed or screened structure for recyclables. d. All utilities are required to be underground. e. Gate material shall not be chain link. C-5 9. LANDSCAPING a. Natural areas shall be preserved to the maximum extent. b. Landscaping shall enhance natural and architectural features, strengthen vistas, and provide shade. c. Landscaping shall emphasize massing of plant materials over isolated or scattered material. d. The master landscape plan for Galpin Business Park shall be the design guide for the site landscape developments. Each lot must present a landscape plan for approval with the site plan review. Total quantity of landscaping along Highway 5, West 78th Street and Galpin Boulevard shall comply with Buffer Yard Standard B, City Landscape Ordinance for Vehicular Areas, and Foundation and Aesthetic Plantings. eo A portion of the canopy and under story trees required by city ordinance for Lot 1 and Lot 2 may be relocated onto Outlot 'B' to further enhance Bluff Creek and buffer the residential area to the north subject to city approval. Outdoor storage of materials is prohibited unless it has been specifically approved during site plan review. All approved outdoor storage must be screened with either masonry walls/fences, landscaping and berms or a combination of the two. go Landscape berming is encouraged for use in screening elements such as overhead doors, parking, equipment, and trash enclosures. Maximum slope 33%. The berm is to be sodded, seeded or Covered with a wood or stone landscape mulch] The same type of mulch must be used throughout the entire development. Mulch areas must be bordered by sidewalk, curbing, brick pavers, masonry pavers, metal or plastic edging materials. ho Landscaping may be installed incrementally as the lots are developed. Lot 1, Outlot 'A' and Outlot 'B' are to be completed simultaneously. Grass areas with potential 'for erosion are to be sodded or seeded with erosion control fabric per master plan. The landscape areas within Lot 1 and Lot 2 are to be irrigated. Buffer yard plantings shall be installed with the first phase of development. On Lot 1 and Lot 2, deceased trees and shrubs within the buffer yard are to be replaced in kind as originally approved, within one year unless approved by the city council. Trees and shrubs are to be maintained, pruned, and trimmed of dead branches, volunteer grasses and weeds. Lawn areas are to be mowed regularly. Wood mulches are to be replenished to a like new condition every five years or less. j. Prairie grasses and similar natural vegetation is to be left in a natural state. C-6 k, Loading docks shall be screened year round from view of public fight of way by walls, berms, landscaping, a combination thereof, or as approved by the city council. Overhead doors shall be the same color as the primary building materials. Retaining walls may be used to accommodate changes in grade elevations. Acceptable materials include natural stone, cut stone, and integral color concrete block retaining wall systems. Wood retaining wails are prohibited. m. Perimeter vehicular use areas adjacent and/or fronting the public right of ways is to be screened to the height of 3' above the parking surface. Landscaping, berms, fences or any combination thereof may accomplish this. 10. LOT FRONTAGE AND PARKING LOCATION One row of parking shall be allowed within the required building setback adjacent to Highway 5 or West 78th Street. The majority of parking shall be located to the side or rear of the building. b. Each developed lot to provide bicycle parking. C. Parking quantities and stall sizes are to meet current city standards in effect when the proposed new development is submitted for review. Each change in use shall require a reevaluation of the parking. d. Shared parking shall be required throughout the project. Parking stalls may be located on the adjacent development as negotiated between the affected parties. e. Each developed lot to provide pedestrian access from the public sidewalk along Galpin Boulevard to the principal buildings. SIGNAGE o Galpin Business Park, Chan_hassen, LLC, shall be permitted one shared pylon sign. The pylon sign shall be located along Highway 5 near Galpin Boulevard and setback a minimum of one-half (1/2) the required building setback from the property line. The pylon is to be no more than 15 feet above finished grade to the highest point. A maximum of 64 s.f. of sign face per side is allowed. The maximum width of the sign shall be 10 feet. Pylon signs shall be of monument style. o One monument sign each is allowed for Lot 1 and Lot 2. The maximum height of monument signs are to be 8' above grade. A maximum of 64 s.f. of sign face per side is allowed. The maximum width of the sign shall be 10 feet. 3. The pylon and monument sign bases and supports are to be of masonry materials C-7 . (brick, decorative CMU, stone or stucco) to match the primary buildings, be consistent, and to compliment each other. Sign faces shall be colored translucent plastic. If illuminated, signs are to be internally lit. Signage throughout the development shall be consistent in size, location, heights, materials and illumination. 5. Wall signs shall be as permitted below. Maximum Percentage of Wall Area in Square Feet Maximum Square Footage Wall of Signs 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 90/0 1,801-2,400 216 7% 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500+ 240 6. All signs shall require a separate sign permit. LIGHTING Site lighting throughout the development shall be consistent. Access roadways to be lit comparable to the existing lighting on West 78th Street. A uniform average of up to 7 foot candles is to be provided throughout the developed areas. A maximum average illumination intensity of 50 foot candles may be used below canopies and drive throughs. Canopy and drive through lights must be recessed. 2. Site area lighting to be shoe box fixtures with metal halide lamps. o , Light poles to be consistent throughout the development, square, prefinished, 30' maximum to the highest point. All site lighting must be shielded to prevent any off site spillage and glare. A maximum of 1 to 2 foot candles are allowed along the property lines at Highway 5, Galpin Boulevard and West 78th Street. 1. Loud speakers are prohibited. C-8 CITY OF CHANHASSEN GALPIN BUSINESS PARK PROJECT NO. 02-01 BREAKDOWN OF ADMINISTRATION FEES- 2/19/02 Estimated Total Cost of Public Improvements 3% of Public Improvement Costs (up to $500,000) $ Final Plat Process (Attorney Fee for Review and Recording of $ Plat and Development Contract) 98,314.00 2,949.00 450.00 Recording Fees a. Development Contract b. Plat Filing c. Conservation Easement d. Cross-Access Easement e. Private Utility Easement One-Third Park Fee 3.76 Acres @ $4,500/3 One-Third Trail Fee 3.76 Acres @ $150013 Surface Water Management Fee GIS Fee ($25/plat and $10/parcel) TOTAL ADMINISTRATION FEES $ $ $ $ $ 30.00 30.00 30.00 30.00 30.00 5,640.00 1,880.00 10,258.00 65.00 21,392.00 Galpin Bus Park. FEE