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1c DC Family of Christ LutheranCITYOF ;HANHASSEN (y Center Drive, PO Box I47 ~hassen, Minnesota 553 l 7 Phone 612.937.1900 leral Fax 612.937.5739 ~eering Fax 612.937.9152 'SafeO, Ea.,: 612. 934. 2524 www. ci.c/mnhasse,, m,.tts MEMORANDUM TO: FROM: DATE: SUB J: Anita Benson, City Engineer David Hempel, Assistant City Engineer;~~/ -- July 6, 1999 Approve Clarification to Development Contract for Family of Christ Lutheran Church Addition - Project No. 99-9 The developer has requested some clarifications to the Development Contract for Family of Christ Lutheran Church Addition. Staff and the City's attorney's office has reviewed the developer's requests and have modified the conditions in bold and/or strike outs. I have listed below the items that have been modified for City Council consideration. The developer should be executing the revised development contract with the City today. The applicant has already supplied the City with the necessary security and administration fees. The final plat should be recorded shortly. It is recommended that the City Council approve the revised development contract dated July 12, 1999 for Family of Christ Lutheran Church Addition. 1. Page SP-3, Item 9(2. This condition was revised since it is a partial duplication of condition 9C on SP-5. Page SP-5. Item 9R has been deleted from the developer's responsibility since it is outside the plat. The City will obtain the necessary license from the developer of Bluff Creek Corporate Center to enter the property to install the Stone Creek Drive public improvements (Project No. 98-15). Page SP-5, Item 9T. A grading deadline has been established to ensure that the site will be ready for the City's contractor to install the necessary street and utility improvements in conjunction with Project No. 98-15, Stone Creek Drive. .u,, ~_,..., ,.~ COP',' : ___.__.__ jm$ rqo. -Attachment: '~d by City c: 'ed by City Council Page GC-2, Paragraph 4. This item has been revised. There are no utility or street improvements required in conjunction with this development contract, The streets and utilities will be installed under the City's public improvement project (no. 98- 15), Stone Creek Drive. Revised Development Contract dated July 12, 1999. Jim Sulerud, Family of Christ Lutheran Church \xc fs l\vol2~ngyroj ect sNfamilyo fchd stXc larificat ion. doc 9/ofChanhassen. A growing communi(y w/~h clean lakes, qualio, schools, a chamiing downtozon, thrivin~ businesses, and beautiful parks. A zreat place to live, work, and play. 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. 8. 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: Family of Christ Lutheran Church 275 Lake Drive East Chanhassen, MN 55317 Telephone: (612) 934-4250 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, 690 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937-1900. 9. Other Special Conditions. The church facility shall co~it to provide approximately 147 parking stalls for the industrial office users of the property. In addition, the office and industrial site shall provide parking facilities for the church. A document acceptable to the city, protecting the joint use'of the parking facilities, shall be recorded. Landscaping shall be installed as approved as part of site plan #99-2 for Family of Christ Lutheran Church. The development shall pay full park and trail fees pursuant to city ordinance. Thc dcvclopcr shall dcdioatc to thc City an cascmcnt for trail purposcu, 20 foot widc ovcr all cxisting and proposcd trail scgmcnts. The proposed industrial development of 5.77 net developable acres is responsible for a water quality connection charge of $26,732.41 and a water quantity fee of $25,157.20. Based on the developer constructing the stormwater pond for the entire project on Outlot B, Bluff Creek Corporate Center, the developer will be eligible for SWMP fee credit. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. Fire hydrants shall placed a maximum of 300 feet apart. A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, US West, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely SP-3 City's Water Resources Coordinator and shall install these signs before the utilities are accepted. No The developer will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. The developer shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. Po The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. Qo The project and individual site users must comply with the Development Design Standards for Bluff Creek Corporate Center incorporated herein as Exhibit C of the Develop Contract/PUD Agreement. Thc dcvclopcr will nccd to acquirc additional drainagc and utility cascmcnts outsidc thc plat ovcr Outlot C, Bluff Crcck Corporatc Ccntcr to cncompass thc proposcd sanitary scwcr. Thc cascmcnt shall bc ovcr thc south 15 fcct of Outlot C, Bluff Crcck Corporatc Ccntcr bctwccn Stonc Crcck Drivc and Outlot B, Bluff Crcck Corporatc Ccntcr. The developer shall dedicate to the City a trail easement over the northerly 10 feet of the easterly 130 feet of Lot 1, Block 1. To The site grading for Stone Creek Drive as shown on Plan B shall be completed by August 2,1999 and the storm water pond by August 15, 1999 as required for the Stone Creek Drive Public Improvement Project No. 98-15. 10. 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 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. Within sixty (60) days after the completion of the site grading (Plan B) utility improvcmcnts and basc coursc pavcmcnt 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) one complete full- size set of blue line as-built plans and two scts of rcduccd ll"x17" as built plans, (3) two complctc scts of utility tic shccts, (43) location of buried fabric used for soil stabilization, (5) location stationing and swing tics of all utility stubs including draintilc clcanouts, and (~) bench mark network. 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. Ail 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. Ail 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 GC-2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FAMILY OF LUTHERAN CHRIST CHURCH ADDITION PUD/DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS PAGE SPECIAL PROVISIONS 1 2 3 4 5 6 7. 8. 9. 10. REQUEST FOR PLAT APPROVAL .............................. SP-1 CONDITIONS OF PLAT APPROVAL ............................ SP-1 ZONING ................................................. 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 GENERAL CONDITIONS 1 2 3 4 5 6 7 7A. 9. 10 11 12 13 14 15 16 17 18 19 20 21 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-3 CLEAN UP ............................................... GC-3 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ............... GC-3 CLAIMS ................................................. GC-3 PARK AND TRAIL DEDICATION .............................. GC-4 LANDSCAPING ............................................ GC-4 WARRANTY ............................................... GC-4 LOT PLANS .............................................. GC-5 EXISTING ASSESSMENTS ................................... GC-5 STREET LIGHTING ........................................ GC-5 SIGNAGE ................................................ GC-5 HOUSE PADS ............................................. GC-5 RESPONSIBILITY FOR COSTS ............................... GC-5 DEVELOPER'S DEFAULT .................................... GC-7 MISCELLANEOUS A B C D E F G H I J K Construction Trailers ............................. GC-7 Postal Service .................................... GC-7 Third Parties ..................................... GC-7 Breach of Contract ................................ GC-7 Severability ...................................... GC-7 Building Permits .................................. GC-7 Waivers/Amendments ................................ GC-7 Release ........................................... GC-8 Insurance ......................................... GC-8 Remedies .......................................... GC-8 Assignability ..................................... GC-8 i L. Construction Hours ................................ GC-8 M. Noise Amplification ............................... GC-9 N. Access ............................................ GC-9 O. Street Maintenance ................................ GC-9 P. Storm Sewer Maintenance ........................... GC-9 Q. Soil Treatment Systems ............................ GC-9 R. Variances ......................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations . GC-9 T. Proof of Title ................................... GC-10 U. Soil Conditions .................................. GC-10 V. Soil Correction .................................. GC-10 W. Haul Routes ...................................... GC-10 X. Development Signs ................................ GC-10 Y. Construction Plans ............................... GC-10 ii CiTY OF CHANHASSEN PUD/DEVELOPMENT CONTRACT (Developer Installed Improvements) FAMILY OF CHRIST LUTHERAN CHURCH ADDITION SPECIAL PROVISIONS AGREEMENT dated July 12, 1999, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and FAMILY OF CHRIST LUTHERAN CHURCH, a Minnesota non-profit corporation (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for FAMILY OF CHRIST LUTHERAN CHURCH ADDITION (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. Zoning. The plan has been rezoned to Planned Unit Development (PUD). Except as specifically modified herein, the uses, requirements, and standards of the zoning district, commercial-industrial, as may be amended, shall apply to the property. 4. 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 prepared by Schoell & Madson, Inc. and approved by the Chanhassen City Council on June 14, 1999. Plan B: Grading, Drainage and Erosion Control Plan dated May 19, 1999, revised June 14, 1999, prepared by Schoell & Madson, Inc. Plan C: Landscape Plan dated February 10, Spencer Jones. 1999, prepared by Revised 10/23/96 SP-1 5. Improvements. the following: The Developer shall install and pay for A. Storm Water Drainage System B. Site Grading C. Underground Utilities (e.g. gas, electric, telephone, CATV) D. Setting of Lot and Block Monuments E. Surveying and Staking F. Landscaping/Site Restoration G. Wetland Monumentation/Restoration H. Erosion Control 6. Time of Performance. The Developer shall install all required improvements by November 15, 2000. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 7. 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 from a bank, cash escrow, or equivalent ("security") for $52,910.00. The amount of the security was calculated as 110% of the following: Storm Sewer, Drainage System, including cleaning and maintenance ......................... $ 4,000 Erosion control .................................. $ 5,000 Engineering, surveying, and inspection ........... $ 4,000 Landscaping (Included with Site Plan Agreement No. 99-2) Wetland Monuments ................................ $ 100 Site Grading ..................................... $ 35,000 TOTAL COST OF PUBLIC IMPROVEMENTS ................ $ 48,100 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 December 31, 2000. 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 SP-2 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. 8. 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: Family of Christ Lutheran Church 275 Lake Drive East Chanhassen, MN 55317 Telephone: (612) 934-4250 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, 690 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937-1900. 9. Other Special Conditions. The church facility shall commit to provide approximately 147 parking stalls for the industrial office users of the property. In addition, the office and industrial site shall provide parking facilities for the church. A document acceptable to the city, protecting the joint use of the parking facilities, shall be recorded. Landscaping shall be installed as approved as part of site plan #99-2 for Family of Christ Lutheran Church. C o The development shall pay full park and trail fees pursuant to city ordinance. Do The proposed industrial development of 5.77 net developable acres is responsible for a water quality connection charge of $26,732.41 and a water quantity fee of $25,157.20. Based on the developer constructing the stormwater pond for the entire project on Outlot B, Bluff Creek Corporate Center, the developer will be eligible for SWMP fee credit. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. Fire hydrants shall placed a maximum of 300 feet apart. A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, US West, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. SP-3 Ho Lo Ail 19 boulevard trees along Coulter Boulevard adjacent to Lot 1, Block 1, Family of Christ Lutheran Church Addition shall be preserved and guaranteed by the applicant. Where trees need to be removed for entrances, they must be replaced elsewhere along Coulter Boulevard. Protective tree fencing shall be installed around all boulevard trees prior to any grading activity. No landscaping or berming shall be placed within Stone Creek Drive right-of-way. The developer shall supply the City with a detailed haul route for review and approval by staff for materials imported to or exported from the site. If the material is proposed to be hauled off-site to another location in Chanhassen, that property owner will be required to obtain an earthwork permit from the City The private utilities shall be constructed in accordance with City's Standard Specifications and Detail Plates and/or state plumbing codes. The developer shall notify the Federal Emergency Management Agency (FEMA) regarding amendment to the existing floor plain boundary. The developer will be responsible for providing FEMA the necessary documentation to have the Federal Flood Plain maps changed to reflect developed conditions. No building shall be permitted to encroach upon drainage or utility easements or impede access to perform maintenance functions to the utility system. Upon completion, the developer shall dedicate to the City the utility and street improvements within the public right-of-way and drainage and utility easements for permanent ownership. Ail areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before accepting the utilities and will charge the developer $20 per sign. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will provide wetland buffer edge signs and charge the developer $20 per sign. The developer shall verify the location of these signs with the City's Water Resources Coordinator and shall install these signs before the utilities are accepted. SP-4 No The developer will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. Oo The developer shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. The project and individual site users must comply with the Development Design Standards for Bluff Creek Corporate Center incorporated herein as Exhibit C of the Develop Contract/PUD Agreement. Re The developer shall dedicate to the City a trail easement over the northerly 10 feet of the easterly 130 feet of Lot 1, Block 1. The site grading for Stone Creek Drive as shown on Plan B shall be completed by August 2,1999 and the storm water pond by August 15, 1999 as required for the Stone Creek Drive Public Improvement Project No. 98-15. 10. 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 ~EAL) BY: Nancy K. Mancino, Mayor Scott A. Botcher, City Manager DEVELOPER: FAMILY~F CHRIST L~HERAN CHURCH Its President STATE OF MINNESOTA COUNTY OF CARVER The~oregoing instrument was acknowledged before me this '7~ day of ~[~..c~¢~ , 19 gq, by Nancy K. Mancino, Mayor, and by Scott A. ~otc~r, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF The ~oregoing instrument was acknowledged ~efore me this '~ President~ of 'Family of Christ Lutheran Church, a Minnesota non- profit corporation, on behalf of the.~.~~~corporation~.~t,~..~.~c~c~''''''~' ~ , --3- '/~oTA~ PUBLIC DRAFTED BY: City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 KAREN J, ENGELHARDT NOTARY PUgUC- MINNESOTA CARVER COUNTY My Commission Expires Jan. 31, 2000 SP-6 EXHIBIT TO DEVELOPMENT II A Il CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot A, Bluff Creek Corporate Center, Carver County, Minnesota. SP-7 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 multi- phased 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 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 GC-1 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. Within sixty (60) days after the completion of the site grading (Plan B) 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) one complete full-size set of blue line as-built plans, (3) location of buried fabric used for soil stabilization, and (6) bench mark network. 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 GC-2 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 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 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. GC-3 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. accordance with Plan C. Landscaping shall be installed in 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 (2¼) 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 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 GC-4 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. 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. Public Street Lighting. N/A 17. Signage. N/A 18. 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. 19. 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 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 (2~%) of construction costs for the first $1,000,000 and one and one-half percent (1¼%) of construction costs over $1,000,000. GC-5 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 19E 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-6 20. 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. 21. 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 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 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 may be issued once the plat has been recorded at the County. No plumbing permits shall be issued until sanitary sewer, watermain, and storm sewer in Stone Creek Drive have been installed, tested, and accepted by the City. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions GC-7 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 covering 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 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. GC-8 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 $ 500.00 Second violation $ 1,000.00 Third & subsequent violations 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. Ail 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. O. Street Maintenance. N/A 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. Q. Soil Treatment Systems. N/A 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 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, GC-9 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 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 from 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- GC-10 size construction plans and four sets of ll"x17# construction plan sets and three sets of specifications. reduced GC-11 EXHIBIT "C" BLUFF CREEK CORPORATE CENTER DEVELOPMENT DESIGN STANDARDS Development Standards a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. Ail utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo- composite images of proposed development adjacent to Highways 5 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. Shared parking shall be required of the development. b. Permitted Uses The permitted uses in this zone shall be limited to institutional use on one lot only or light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. Warehousing - Means the commercial storage of merchandise and personal property. Office - Professional and business office. Health Services- establishments primarily engaged in furnishing medical, surgical and other health services to persons. Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. C-1 Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. Hotel/Motel - establishments engaged in furnishing lodging, or lodging and meals, to the general public. Research Laboratory - establishments engaged in scientific research or study. Ancillary Uses (in conjunction with and integral to a primary use) Showroom - showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. Telecommunication Towers and Antennas by conditional use permit only. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. Prohibited uses · Contractors Yard · Lumber Yard · Home Improvement/Building Supply · Garden Center · Auto related including sales and repair Home furnishings and equipment stores · General Merchandise Store c. Setbacks The development is regulated by the Highway 5 and the PUD Standards. There are no minimum requirements for setbacks on interior lot lines in the PUD zone, except as specified below. following setbacks shall apply: Frontage Future Hwy. 5 Coulter Boulevard Stone Creek Drive Bluff Creek: West Lot line Lot Minimum Setback Maximum Setback Building/Parking Building/Parking 70/50 150 50/30 100 * 30/20 NA 35/30 NA The C-2 1, Block 1 West Lot Line Lot 2, Block 1 East Lot Line Lot 1, Block 2 East Lot Line Lot 2, Block 2 Northeast Lot Line Lot 2, Block 2 Northeast Lot Line Lot 3, Block 2 East Lot Line Lot 3, Block 2 15/15 NA 110/110 NA 100/100 NA 60/60 NA 35/35 NA 60/60 NA * Church facility is excluded from this maximum building setback. (Lot and Block Designations are based on proposed preliminary plat numbering.) The average hard surface coverage does not include Outlot A. The PUD standard for hard surface coverage is 70% for office and industrial uses. Any one site/lot can exceed the 70 percent requirement, but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box Building Area Building Square Footage Breakdown Use Maximum Percent Square Feet Total Office 62% 160,000 Light Industrial /Warehouse 40% 100,000 Ancillary/other 15% 40,000 Institutional 23% 60,000 Total (Maximum) 260,000 o More than one (1) principal structure may be placed on one (1) platted lot. Building height shall be limited to 3 stories or 40 feet subject to the exclusions of Section 20-907 of the city code. e. Building Materials and Design C-3 The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Primary building orientation shall be to Highway 5 and Coulter Boulevard. Ail materials shall be of high quality and durable. Masonry or higher quality material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. Block shall have a weathered face or be polished, fluted, or broken face. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured, coated, or painted Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. o Ail accessory structures shall be designed to be compatible with the primary structure. Ail roof mounted equipment shall be screened from adjacent public right-of-ways by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All.walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. 11 Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, C-4 entryway projections, canopies and detailing to add additional interest and articulation to structures. 12. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. f. Site Landscaping and Screening Landscaping along Highway 5 shall comply with Buffer yard standard C. Coulter Boulevard shall comply with Buffer yard standard B. The master landscape plan for the Bluff Creek Corporate Center PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. o Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. o When parking lots are less than three feet above the adjacent roadway, an undulating or angular berm or elevation change of three feet or more in height shall be placed along Coulter Boulevard and Highway 5. The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. Ail required boulevard landscaping shall be sodded. o Loading areas shall be screened 100 percent year round from public right-of-ways. Wing walls may be required where deemed appropriate. g. Signage The Bluff Creek Corporate Center PUD shall be permitted two identification signs: one sign on Coulter Boulevard and one sign on Highway 5. The sign on Coulter Boulevard shall not exceed eight feet in height. The sign on Highway 5 shall not exceed 20 feet in height. A maximum of 80 square feet of sign area shall be permitted per sign. Ail freestanding parcel signs shall be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a C-5 o o o sign package for staff review. Each property shall be allowed one monument sign per street frontage. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. Consistency in signage shall relate to color, size, materials, and heights. Wall sign shall be permitted per city ordinance for industrial office park site. Ail signs shall require a separate sign permit. Lighting Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along Coulter Boulevard. A decorative, shoe box fixture (high pressure sodium vapor lamps) with a square ornamental pole shall be used throughout the development area for area lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. Ail light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. Alternative Access Each site shall accommodate transit service within the individual development, whenever possible. Pedestrian access shall be provided from each site to the public sidewalk and trail system. The developer and site users shall promote and encourage Traffic Demand Management Strategies. Each site shall provide areas for bicycle parking and storage. C-6 Preferential parking shall be provided for car and van pool vehicles within each site. C-7