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1b Approve Dev Contact for Site Grading for Chan Business Center Phase I Projdct 93-1 CITY of /1) 1 t , CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937 -1900 • FAX (612) 937 -5739 Ado by City Administrator IEitdorsed_!' D iA-) f 1 MEMORANDUM Modifies Rejecte Date - i -cis TO: Charles Folch, City Engineer Date Submitted to Commission I FROM: Dave Hempel, City ' Assistant Ci Engineer ���,� • Date. Submitted to Council � 6' - 2.44 -q3 . 1 DATE: May 20, 1993 SUBJ: Approve Development Contract for Site Grading for Chanhassen Business I Center (Phase I) - Project No. 93 -1 . 1 On January, 10, 1993 the City Council approved the final plat of Chanhassen Business Center (CBC) with numerous conditions of approval. One of the conditions of approval was I to enter into a PUD /Development Agreement with the City. The attached development contract includes these specific conditions of approval that apply to this phase. The applicant has 'been working with City staff in an effort to expedite site grading to 1 facilitate the construction schedule of the weather bureau site (Lot 1, Block 2) prior to recording of the final plat. The final plat will not be recorded until final construction plans and specifications for the public utility and street improvements are submitted and approved I by the City. In addition, the attached development contract must be fully executed. It is staffs understanding that final construction plans and specifications are being prepared and will be submitted shortly. I As you will notice in the development contract, the amount of financial security being required at this time is far short of that typically required. This is because only the site 1 grading aspect of the project is being pursued at this time. No additional site improvements will be allowed without the final plat being recorded. Once the final construction plans and specifications are submitted and approved the applicant will be required to submit to the 1 City the additional financial security to guarantee installation of the public improvements as well as compliance with the conditions of approval of the final plat. Without the final plat being recorded the City cannot issue building permits. Once the plat is recorded the I City will issue a building permit for the Weather Bureau site but the certificate of occupancy will not be issued until the utilities are fully tested and accepted by the City and the street (Lake Drive West) is paved with a bituminous surface. Temporary access to the Weather I Bureau site will be allowed off Audubon Road. Staff has reviewed and calculated the financial security to guarantee site restoration and maintain erosion control measures over r Noe PRINTED ON RECYCLED PAPER Charles Folch May 20, 1993 Page 2 Phase I of the grading plan. Should the scope of grading increase to the future grading sites ' along the north side of Lake Drive West, the developer shall make a formal request for administrative approval and the financial security amount will be increased accordingly. Therefore, it is recommended that the attached Development Contract/PUD Agreement for Chanhassen Business Center -Phase I Project No. 93 -1 be approved subject to the following conditions: ' 1. The adin plan shall be revised as follows: �' gP ' a. The maximum depth of cover over the watermain in future Lake Drive West shall be no greater than 12 feet. 1 b. Grades shall be adjusted to preserve the wooded area along the south property line of Lot 1, Block 2. ' c. Meandering berms not to exceed 4 feet shall be placed within the required buffer strips along Audubon Road but not over the City's utility lines. 1 2. The applicant shall supply the City with the required financial security in the amount of $65,000. 1 3. Should the scope of grading increase to the future grading sites along the north side of Lake Drive West, the developer shall make a formal request for administrative approval and the financial security amount will be increased accordingly. ktm ' Attachments: 1. Development Contract /PUD Agreement. 2. Proposed grading plan* dated May 14, 1993, Revised May 17, 1 1993. c: John Dietrich, RLK Associates ' *NOTE: Please leave our copy of the plans in the Council Chambers for staff to pick u Y Y P P up after the meeting.. ' OEBiCIA:. Et4GINEER*;.., CC E ( Apprev by City E11b.« f ' Date S- - 93 L' — proved by City cttnCl CITY OF CHANHASSEN 1 DEVELOPMENT CONTRACT /PUD AGREEMENT CHANHASSEN BUSINESS CENTER 1 SPECIAL PROVISIONS AGREEMENT dated , 19 , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and AUDUBON 92 PARTNERSHIP, a Minnesota general partnership (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHANHASSEN BUSINESS CENTER (referred to in this Contract as the "plat "). The land is legally described on the attached Exhibit "A ". 1 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. The plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat, except for the Phase I site grading as defined hereing. 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 Egan, Field & Nowak, Inc., , approved by the Chanhassen City Council on January 11, 1993. Plan B -- Chanhassen Business Center Grading and Erosion Control Plan dated May 14, 1993, revised May 17, 1993, prepared by RLK Associates, Ltd. 1 Plan C- -Plans and Specifications for Improvements prepared by RLK Associates, Ltd. Plan D-- Landscaping Plan dated October 21. 1991, prepared by RLK Associates, Ltd. Plan E -- 1 1 SP -1 ATTACHMENT 11 4. Improvements. The Developer shall install and pay for the following: ' A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Signs ' G. Street Lights H. Site Grading I. Underground Utilities (e.g. gas, electric, telephone, CATV) J. Setting of Lot and Block Monuments K. Surveying and Staking L. Trails and Sidewalks ' M. Landscaping 5. Time of Performance. The Developer shall install all required improvements by October 31, 1994. The Developer may, 1 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 1 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 from a bank, cash escrow, or equivalent ( "security ") for ' 110% of the cost of constructing the following improvements as determined by the City: ' Sanitary sewer Watermain Prorated share of Traffic Signals @ TH 5 and Audubon Road On -site storm sewer Streets Street lights and signs Erosion control Engineering, surveying, and inspection Landscaping Site Grading ' Trails and Sidewalks 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, 1994. 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 SP -2 no case shall the security be reduced to a point less than 10% of the original amount until all improvements are complete and accepted by the City. 7. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Audubon 92 Partnership 15241 Creekside Court Eden Prairie, MN 55346 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 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937 -1900. 8. Other Special Conditions. A. The driveway to Lot 1, Block 1 shall be perpendicular to Audubon Road. B. Submittal of an acceptable site plan in compliance with the development standards /guidelines established for this PUD. C. The following easements and right -of -way shall be ' provided: 1. 20 -foot wide drainage and utility easements , over the proposed sewer and water lines outside the road right -of -way. 2. Trail and conservation easements over all buffer yards, Outlot A, and sidewalk connection from Lake Drive West to city trail. 1 3. Drainage and utility easements over the Bluff Creek flood plain and all retention basins. A temporary ponding easement shall be dedicated. , 4. The radius on the curbs at all street intersections Audubon Road shall be 30 feet. D. The applicant shall provide the City Engineering Department with updated grading and drainage plans including storm sewer and ponding calculations for Phase I and the overall development designed for a 10 -year storm event and ponding calculations to show that the ponds will retain a 100 -year storm event and will discharge at the pre - development runoff rate. ' Permanent ponding areas shall meet or exceed the city's water quality standards. The ponding area shall be built to "NURP" standards. Design standards shall be submitted for A temporary ' SP -3 ' 1 retention pond for Phase I shall be created on Lot 6 until Phase II is developed. E. If only Phase I of the site is graded, erosion control fence shall be incorporated along the perimeter of the construction limits. Type I erosion control fence shall be ' installed and maintained along the entire westerly perimeter of Phase I construction limits. Phase II construction will require the perimeter of the construction limits shall be Type III erosion ' control. All areas disturbed during site grading shall be immediately restored with seed and disc mulched, sod or wood -fiber blanket within two weeks of site grading or before November 15, 1993, except in areas where utilities and streets will be ' constructed yet that year. Areas disturbed with a slope of 3:1 or greater must be restored with sod or wood -fiber blanket. As a part of the erosion control measures, the applicant shall be required to ' remove any materials (sediment) that enter into Bluff Creek. F. The watermain loop between Lots 8 and 9 shall be extended to the southerly property line of the development. ' G. The developer shall construct the utility and street improvements in accordance with the latest edition of the city's ' standard specifications and shall prepare final plans and specifications and submit for city approval. A 6 foot wide concrete sidewalk /trail shall be included along one side of Lake ' Drive West (Phase I and Phase II). The developer shall acquire utility construction permission /permits from the PCA and Minnesota Department of Health. ' H. The developer shall obtain all necessary permits from the Watershed District, DNR and Army Corps of Engineers and comply with all conditions of the permits. Drainage plans shall be ' revised as outlined in the approved staff report and shall be resubmitted to City staff for approval. The applicant shall obtain permission /permit from the railroad authority for all grading ' activities within the railroad property. I. The developer shall incorporate street lights into the street construction plans. The street lights should be ' installed at 150 to 200 foot intervals. The street lights shall be designed consistent with existing lighting on Audubon Road. A 250 - watt contemporary low- profile rectilinear- rectangular style ' lighting fixture with pressure lamps mounted on a 25 -foot high cortin steel pole. J. The entire tract of land development (Lot 1, Block 1 and Lot 1, Block 2 and Outlots A, B, C and D) shall be assessed for the Upper Bluff Creek Trunk Sewer and Water Improvement Project No. 91 -17. 1 K. The installation of traffic signals at the intersection of Trunk Highway 5 and Audubon Road is expected to be 1 necessary in the next few years. The developer shall be responsible for a share of the local cost participation of this SP -4 signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume on Audubon Road. L. The applicant will be required to pay park dedication ($2,500.00 /acre) and trail fees ($833.00 /acre) in the development contract. No development shall occur on Outlot A as it shall be preserved as open space. M. The recreation trail shall be located along the north side of Lake Drive West. The trail shall be a 6' wide concrete walk along Lake Drive West and 8' wide bituminous trail along the sewer easement and stubbing to the Railroad underpass in Outlot A. The recreation trail shall also loop from Outlot A along the southern property line up along Audubon Road and to tie into Lake Drive West. This trail (see exhibit for trail route) shall have bituminous surface and be 8' in width. ' N. The developer shall be responsible for maintaining the storm sewers or retention ponds until both phases of the development are "built out." 111 O. The trail system shall loop, using the utility easement along to the storm water retention pond. 1 P. Temporary improvements in Phase I are limited to 3 years. At that point final street, utility and drainage improvements must be installed. Surety shall be provided to ensure timely completion of these improvements. Q. A temporary ponding easement should be conveyed to the City for the interim ponding basin proposed over Outlot C. The temporary ponding easement shall be maintained until the permanent ponding basin is constructed with Phase II and accepted by the City. R. The applicant shall be responsible for the extension of Lake Drive West to the westerly lot line of Lot 1, Block 2. A temporary street easement for the cul -de -sac shall be dedicated to the City until the second phase street improvements have been completed and accepted by the City. ' S. The applicant should be aware that City Council is considering approval of the final plat at this time, however, final review and approval of the construction plans and specifications may or may not require additional modifications to easements or road right -of -way on the final plat. Staff is recommending that the City Council grant staff the ability to administratively approve any modifications necessary in conjunction with the review and approval of the plans and specifications. T. The applicant shall provide the City, for review and ' approval, updated grading and drainage plans including storm sewer and ponding calculations for Phase I and the overall development. 1 SP -5 1 U. The development standards, as proposed by staff in the November 18, 1991, staff report, shall be incorporated into the PUD development guide for the Business Center. V. Site plan approval from the city, as outlined in the City Zoning Code, will need to be obtained for each lot as development is proposed. W. The permitted uses in this zone shall be limited to ' light industrial, warehousing, and offices as defined in the PUD ordinance and in the November 18, 1991, staff report. Truck transfer terminals shall be prohibited from this project. X. All parcels located along Audubon Road shall be designed to look like an office building including such design elements as scale, height, and material components for office buildings. Y. Building materials and designs shall be: 1. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted block. 2. Brick may be used and must be approved to ' assure uniformity. 3. Block shall have a weathered face or be polished, fluted, or broken face. ' 4. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, ' textured or coated. 5. 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. ' 6. All accessory structures shall be designed to be compatible with the primary structure. 7. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All ' exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 8. Large unadorned walls shall be prohibited. ' All walls shall be given added architectural interest through building design or appropriate landscaping. 1 ' SP -6 9. Space for recycling shall be provided in the interior of all principal structures for all developments in the Business Center. Z. All freestanding signs 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. 1. Each property shall be allowed one monument sign located near the driveway into the private site. 2. All signs require a separate permit. ' 3. 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. 4. Consistency in signage shall relate to color, 1 size, materials, and heights. 5. The applicant shall provide staff with an acceptable sign package for incorporation into the PUD agreement.(with the development of Phase I.) ' AA. The street lights should be designed consistent with the existing lighting along Audubon Road. 1. 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. 2. Lighting equipment similar to what is mounted in the public street right -of -ways shall be used in the private areas. 3. All light fixtures shall be shielded. Light 1 level should be no more than candle at the property line. Street lighting is excluded from this requirement. ' BB. Each lot shall submit a separate landscaping plan as a part of site plan review. In addition, all site landscaping and screening shall: 1. All open spaces and non - parking lot surfaces shall be landscaped, rockscaped, or covered with plantings and /or lawn material. 2. Storage of material outdoors is prohibited unless it has been approved under site plan SP -7 11 1 1 review. All approved outdoor storage must be screened with masonry fences and /or landscaping. 1 3. The master landscape plan for the CBC 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. ' 4. Undulating or angular berms 3' to 4 in height, south of Lake Drive along Audubon Road shall be sodded at the conclusion of Phase I grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where 1 it is deemed necessary to screen any proposed development. 5. Loading areas shall be screened from public ' right -of -ways. Wing wall may be required where deemed appropriate. ' CC. The two potential stockpile areas located on Outlot C shall be limited to 5 feet in height along the northwesterly side of the site and 12 feet in height along the southeasterly corner of 1 the site. Both stockpile areas shall be seeded and mulched upon completion of the site grading to minimize erosion. DD. Hauling material off the site, if necessary, shall ' be coordinated with City staff to designate haul routes. 9. General Conditions. The general conditions of this Contract, approved by the City Council on February 22, 1988, are attached as Exhibit "B" and incorporated herein. 1 SP -8 1 II CITY OF CHANHASSEN 1 BY: I Donald J. Chmiel, Mayor (SEAL) AND: II Don Ashworth, City Manager II DEVELOPER: AUDUBON 92 PARTNERSHIP BY: II Its STATE OF MINNESOTA ) II ( ss. COUNTY OF CARVER ) II The foregoing instrument was acknowledged before me this day of , 19 , by Donald J. Chmiel, Mayor, and by II Don Ashworth, 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. II NOTARY PUBLIC STATE OF MINNESOTA ) II ( ss. COUNTY OF ) II The foregoing instrument was acknowledged before me this day of , 19 , by II NOTARY PUBLIC II II DRAFTED BY: II Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve II Eagan, Minnesota 55121 (612) 452 -5000 SP -9 11 1 11 CONSENT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the ' provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 19 . STATE OF MINNESOTA ) ' COUNTY OF ( ss. ) 1 The foregoing instrument was acknowledged before me this day of , 19 , NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 1 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 1 1 SP -10 1 1 CITY OF CHANHASSEN 1 DEVELOPMENT CONTRACT (Developer Installed Improvements) 1 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. Grading. Within the plat or land to be platted, the Developer may do the Phase I grading in accordance with the Phase I Site Grading Plan attached hereto before the plat is recorded with the County and before the entire required security has been furnished the City. Grading may commence subject to the following conditions: 1) this agreement has been fully executed by both parties and filed with the City Clerk, and 2) a cash escrow or L other security acceptable to the City of $65,000.00 has been furnished to the City. 3. 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. 4. 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. 5. 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 , GC -1 11 11 engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Waste Control Commission and other 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 instruct its engineer 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 improvements 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 sets of blue line 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, (6) bench II mark network, and (7) a 200 scale and a 500 scale reproducible Mylar copy of the plat. 6. 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. 7. 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. 8. 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 1 requirements. Erosion control needs to be maintained until 1 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. , 9. 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. 10. 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 attesting to same with appropriate contractor waivers. Final acceptance of the public improvements shall be by City Council resolution. 11. 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. 12. Park and Trail Dedication. In conjunction with the ' issuance of building permits for construction within the plat, the property owner for each lot, 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. 13. Landscaping. Unless the lot already has one tree in the 1 front yard of suitable species, the Developer or lot purchaser shall plant a tree in the front yard of every lot in the plat. Suitable trees include: GC -3 II II Maples Ash Linden Basswood Green Ash Birch II Honey Locust Ginko (male only) Hackberry Kentucky Coffee Tree Oak II Other species of trees may be approved by the building inspector. Trees which can cause a public nuisance, such as cotton producing I 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 (2 inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area I 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 I 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 I certificate of occupancy is requested, a financial guarantee in the form of cash or letter of credit shall be provided to the City. Improvements are to be completed during the first growing season after issuance of the certificate of occupancy. After satisfactory I inspection, the financial guarantee shall be returned. The City has established the financial guarantee at $1,000.00; however, this may be increased annually based upon cost. These requirements I supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. 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 I City. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of II planting. 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. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control, and Tree Removal Plan shall be submitted for each lot as required in the Special I Provisions, 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 City Ordinance. II 16. Assessments. Any existing or pending assessments against the property will be re- spread against the plat in accordance with City standards. II 17. Street Lighting. The Developer shall have installed and pay for street lights in accordance with City standards. A plan II shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer II GC-4 1 shall pay the City a fee of $200.00 for each street light installed 1 in the plat. The fee shall be used by the City for furnishing electricity for each light for twenty (20) months. 18. Street Signs. All street name and traffic signs required ' by the City as a part of the public improvements shall be furnished and installed by the City at the sole expense of the Developer. ' 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 resident construction inspections. The fee shall be 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 (21 %) of construction costs for the first $1,000,000 and one and one -half percent (1 %) 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 out -of- pocket costs incurred by the City for providing resident 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 17E 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 GC -5 1 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. 20. Developer's Default. In the event of default by the I 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. I 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. GC -6 E. Severability. If any portion, section, subsection, 1 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 until the plat is recorded and the sanitary sewer, watermain, and storm sewer improvements have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface. Once the plat is recorded, the City may issue one building permit if the lot is adjacent to Audubon Road and access to the site meets the City Fire Marshal's conditions for ingress and egress at all times. However, no Certificate of Occupancy will be issued until the City has formally accepted the public utility improvements and Lake Drive West is paved with a bituminous surface. G. Waivers /Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance 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 $200,000 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 1 GC -7 1 1 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. The normal construction hours ' under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. ' Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. Under emergency conditions, this limitation II may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. M. 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. N. Street Maintenance. The Developer shall be ' responsible for all street maintenance until streets within the subdivision 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. O. 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 t� obtain a ' building permit. ' GC -8 P. 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. Q. Compliance with Laws, Ordinances. and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: ' 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. R. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. S. 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. T. Soil Correction. 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CHANHASSEN GAS EASEMENT y ) t< ', ' 1 . 1 . • Vf• . • A:, I BUSINESS CENTER .! - . 1 " _!.'.!..... • .......... :i. ,,•tio ,. . , CHANHASSEN MINNESOTA RAILROAD ROW 7 I -i. 4.,• . . r. t' . 0 1 ... • 1,4 , BUILDING SITE .1* - ' v. :'LOTO LOT SIZE BUILDING SIZE COVERAGE DENSITY IMPERVIOUS DENSITY , . 1 2 AC.± 3850 S.F. 4% an. - • 1 T 2 8.3 AC.t 80,000 S.F. 29Y. 70% 00,11c -.. LOT 2 .77 i 1 . . ,.. • ; • •-. /:; T 3 4.8 AC.± 62,000 S.F. 297. 70% RA .f. . T 4 3.7 AC.* 46,000 S.F. -t - \ 29% 70% - \ 'f IC 2 ..--il era T 5 3.5 AC. 41,000 S.F. 27% 65% .0 \ .. 'T 6 9.5 AC 134,000 S.F. 33% 75% _ II ., N. LOT 7 8.0 AC.* 118,000 S.F. 34% 75% p.- -, LOT 4 \ ik .. e" ■ • r s 5.6 AC. t 51,000 S.F. 21% 64% ..._ 1? AC.* ..- : LOT 3 A I .-- ,.,.. tipT 9 5.3 AC.* 47,000 S.F. 20% 70% 'St' .....:: •T 10 4.5 AC.± 57,000 S.F. 29% 60% - ? 7 I •0 REVELZIPIEK . . . .. . " ... . I< . 1 64 - . . y 4.11 AC t . . •••-• , .. . ,•1' 11 4.0 AC.± 44,000 S.F. 25% 60% OD . . 1 _•T 12 10.0 AC.: 16,000 S.F. 4% 9% _ . - ."; : • • 4.2 AC.* . -- 60% .- t•SV\ , .^..:-.. Co° e...... P L c TOTAL 71.6 AC..t (SNOTE 700,000 S.F1) . AVERAGE 23.7% AVERAGE eri. # - O 4 T 5 6 /if / .., - , '.'; '1', • '' EE .......Hy \-. .3 ; ,:: . , ! • LOT A 14.3 AC.* . • 11 ,.\ ) • . . - .. 0 *. , . .. 1" I .. .7 8 7.8 AC.: 9 " L. 11 / ...: -,, • 1,7 , • • : TOTAL 26.1 AC.: \ LOT 6 ..± .. M. t / r SO ,I . .,,f' •• 16 I i , - P i. TOTAL . 933 AC.: t LOT 7 ,....".,v7 \ .----- -* am YAM MIR I IMINIAL ---4 / 1 • / g ../. ..r■ I s.• AC..* MAUI IS MORA RJR / / • , te SW ION AM% MOM / umitnn, . / i Ar NOTE 1: SQUARE FOOTAGE BREAKDOWN: /. MATURE STAND `. I 1 •/- 1 • t:- / LOT 10\ / /cr• , •-• * , OFFICE - 20% .** 140,000 S.F. OF TREES / AS AC...t I $i . i • MANUFACTURING - 25% = 175,000 S.F. •-.. - . , .. , " • • WAREHOUSE - 54.5% - 381,150 S.F. • ,, TO REMAIN ,....., r ., / / s . 4 *SIM f ,,, . . . CHURCH - 0.5% ' -• 3850 S.F. • -... • - ' r : . -• - ---\ _ _ _ ___ \ / J '.' TOTAL - 100% ,.. 700,000 SF.7" • . A■I \ ek / -, . .....--z... : ■1„,*„..1t, \ •-ol /Or 10•11, 41•111M • . *, • ; ".*P '' ;'.1 ' • .. • . 1 V 01..nala ;11Z. . N.S.P. & GAS • , i ,,, Fr ' i:2 \ r . • i II l ! i ...:?.. \ `., -.. . .:,I• I I:, EASEMENT • -- t LOT 9 1 110 "--7- , MOO= CROASTALLK , '' ....., ounp, A IA AC.* 1.3 AC.: 1 1 filtW i 14..AC.* / .4 .. k. , OUTLOT 8 1 . I - ‘00:P. ;v. , ......7- / Pam I ., „I, • 7.9 AC.z 1 Op i 1. • . : . ,....:, / NIONNED II MOT TRAIL 'It i 1 "..... * -----, - .7.Z. , 0 . .,..0 ;i / / 1 ,. •• 1• •ozu .,..1,1: i - -/ • --._ • i - - ----- -- - --- -:-.. i . , - . --- '.,, o :• g i . EID a (.11 „,, .'■ z• 100' BUFFER ZONE MONITORING • • ..- .. 011 STATION SCALE r-100 i. .. 4fii ..74. CHANHASSEN 71 1 1 Mt' ri 1 yAN CONSTRUCTION COMPANY a Designers .- BUSINESS CENTEFI ^ ' II Builders CHANHASSEN. MINNESOTA AnloaAns Oa, AZ= OF MINNESOTA, INC . • Developers . AM ay. 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