1e2 Lake Susan Hills 9th Add Dev Contract III CITYOF / e — eD.
1 ■ CHANHASSEN
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1 \ .:),
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
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- (612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
1 TO: Charles Folch, City Engineer
FROM: Dave Hempel, Assistant City Engineer �
1 DATE: June 9, 1993
I SUBJ: Approve Development Contract for Site Grading for
Lake Susan Hills West 9th Addition - Project No. 93 -5
1 The applicant, Argus Development, Inc., has requested the City grant approval for site grading in conjunction
with the final plat approval process. The construction plans for this development are in the process of being
I prepared and finalized. Due to the size of the overall project the applicant is requesting approval of the site
grading in order to facilitate construction yet this year. The attached development contract /PUD agreement
includes specific conditions of approval from the final platting process. The final plat will not be recorded until
the final construction plans and specifications for the public utility and street improvements are submitted and
1 approved by the City. In addition, the attached development contract must be fully executed.
The amount of financial security being required at this time is far short what would be normally required for
I a project of this size. This again is due because only the site grading aspect of the project is being considered
at this time. No additional site improvements will be allowed without the final plat being recorded. Once the
final construction plans and specifications are approved by the City, the applicant will be required to submit to
I the City the additional financial security to guarantee installation of the public improvements as well as
compliance of the conditions of approval of the final plat. Without the fmal plat being recorded the City cannot
issue building permits. Once the plat is recorded the City will issue a building permit for one model home
adjacent to a hard - surfaced street but the Certificate of Occupancy and sewer and water hook -ups will not be
I issued utilities are fully tested and accepted by the City and the street (Lake Susan Hills Drive) is paved with
a bituminous surface.
I It is recommended that the attached development contract/PUD agreement for Lake Susan Hills West 9th
Addition, Project No. 93 -5 be approved subject to the applicant entering into the development contract /PUD
agreement and supplying the City with the financial security in the amount of $61,000.00.
OFMCIAL ENGINEERING CCU" f
1 ktm
Received
Attachments: 1. Development contract /PUD agreement dated June 14, 1993. Revision NO.
1 2. Proposed grading plan dated May 20, 1993.
Approved by City Engineer
NOTE: Please leave your copy of the plans in the Council Chambers for staff to pick up aftWiti
1 c: Ron Isaak, Argus Development, Inc.
Approved by City Council
Date
1 4 ,
i vt.4 1 PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
p'ECxAL PROVISIONS
' AGREEMENT dated June 14, 1993, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, (the "City "), and ARGUS
DEVELOPMENT, INC., a Minnesota corporation, (the "Developer ").
1. Request for Plat Approval. The Developer has asked the City to
approve a plat for LAKE SUSAN HILLS WEST 9TH ADDITION (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
1 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
1 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 Pioneer Engineering and
approved by the Chanhassen City Council on June
14, 1993.
Plan B -- Grading and Erosion Control Plan dated May 24,
1993 prepared by Pioneer Engineering.
Plan C- -Plans and Specifications for Improvements prepared
by Pioneer Engineering.
Plan D-- Amended Landscaping Plan prepared by Pioneer Engi-
neering.
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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 1
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
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N. Auxiliary Turn Lanes on Powers Boulevard
5. Time of Performance. The Developer shall install all required 1
improvements by October 31, 1994. 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 I
cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this I
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, 1
cash escrow, or equivalent ( "security ") for one hundred ten (110 %)
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percent of the cost of constructing the following g improvements as
1 determined by the City:
Sanitary Sewer
Watermain
Auxiliary Turn Lanes on Powers Boulevard
On -Site Storm Sewer
Streets
Street Lights and Signs
Erosion Control
Engineering, Surveying and Inspection
' Landscaping
Site Grading
Trails and Sidewalks
The amount of the security shall be determined by the City Engineer. The
' security shall be furnished to the City before the City signs the final
plat. 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
1 paid, but in no case shall the security be reduced to a point less than
10A 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; Argus Development, Inc., Attention: Joseph Miller, President,
18133 Cedar Avenue, Farmington, Minnesota 55024, Telephone (612) 454-
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4663. 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 II
Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (612) 937 -1900. 1
8. Other Special Conditions.
A. The front yard setback may be reduced to twenty -five (25) I
feet where it will preserve natural features if approved by the City.
B. The Developer shall supply detailed storm sewer calculations
for a ten (10) year storm event and ponding calculations for the II
retention ponds (NURP standards) for the City Engineer to review and
approve. '
C. The Developer shall supply detailed construction plans for
utility and street improvements for the City to review and formally
approve. All utility and street improvements shall be constructed in II
accordance with the City's latest edition of Standard Specifications and
Detail Plates. 1
D. The Developer shall be responsible for obtaining and '
complying with all necessary permits such as MWCC, Health Department,
Watershed District, PCA and Carver County Highway Department. '
E. All retention ponds shall include an outlet control
structure to control discharge rate pursuant to NURP standards. '
P. Erosion control and turf restoration shall be in accordance
with the City's Best Management Practice Handbook.
G. The Developer shall oversize the storm drainage improvements 1
to include the future runoff from the upgrade of Powers Boulevard. The
Developer shall be compensated for the associated oversizing costs. ,
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H. The location of all fire hydrants shall s 11 be approved by the
' City's Fire Marshal.
I. Five (5) foot concrete sidewalks shall also be extended from
Lake Susan Hills Drive west to Dove Court.
J. The vegetated areas which will not be affected by the
development will be protected by a conservation easement. The form of
' the easement shall be determined by the City in its discretion. The
easement shall be conveyed to the City before the City signs the final
plat. The conservation easement shall permit pruning, removal of dead or
' diseased vegetation and underbrush. All healthy trees over six (6)
inches caliper at four (4) foot height shall not be permitted to be
' removed. The City shall provide a plan which shows the location of the
conservation easement and the Developer shall provide the legal descrip-
tion. Generally, the conservation easement shall be on Lots One (1)
through Six (6), Block Two (2).
K. Lots Six (6) through Sixteen (16), Block Three (3), Lots One
(i) through Ten (10), Block Four (4) and Lots Twenty (20) through Twenty -
eight (28), Block Five (5) shall be custom graded lots and the following
conditions shall apply:
(1) Each of these lots shall conform to the approved custom
' graded plans. Deviation from these plans which will
result in more removal of vegetation will not be
permitted. All trees designated for protection shall
' be protected with snow fence at a distance 1 -1/2 times
the diameter of the drip line. All building permits
shall have a survey showing tree numbers and which will
' be preserved /removed.
(2) Each of these lots shall have a woodland management
plan developed by the Developer prior to issuance of
certificate of occupancy. The woodland management plan
shall be developed by a licensed forester approved by
the City. A copy of the woodland management plan shall
be kept in the building permit file and a copy will
also be given to the homeowner.
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(3) Each of these lots shall only be permitted to have the I
following trees removed (these numbers correspond to
the tree survey numbers as shown on Sheets 8 and 9 of
Plans dated April 12, 1993):
Block 3: 1
Lot 6 - 64
Lot 7 - 84, 85, 86, 87, 88, 90, 91
Lot 8 - 100, 502, 503, 504, 507, 510, 511, 512
Lot 9 - 567, 575
Lot 10 - 582, 601, 602
Lot 11 - 592, 593, 594, 559, 599
Lot 12 - 598, 626, 633, 634, 635, 647, 64B, 649
Lot 13 - 605, 624, 625, 652, 715
Lot 14 - 615
Lot 15 - 606
Lot 16 - 573
Block 4: 1
Lot 1 - 863, 870, 871, 872, 873, 875, 878
Lot 2 - 817, 818, 854, 857, 861
Lot 3 - 828, 829, 830, 839, 840, 841, 519
Lot 4 - 524, 525, 985
Lot 5 - 532, 533, 534, 535, 537, 550, 990, 991,
992, 994
Lot 6 - 587
Lot 7 - 563
Lot 8 - 568, 569, 582
Lot 9 - 616, 626, 630, 637, 645
Lot 10 619, 620, 621
Block 5:
Lot 20 - none
Lot 21 - none
Lot 22 - none
Lot 23 - 911, 914, 917
Lot 24 - 880, 881, 882, 883, 884, 878, 879
Lot 25 - 502, 996, 997
Lot 26 - 570, 571, 573, 578, 579, 580, 581
Lot 27 - 603, 604, 605
Lot 28 - 613
L. The landscaping plan shall be amended to incorporate the
following requirements of City staff: ,
(1) Increased landscaping along Powers Boulevard (CR 17)
and internal boulevard and entrance landscaping. '
(2) Improved landscaping materials, with at•least 504 of
the hardwoods from the Primary species list. 1
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(3) A plan providing $750.00 worth of landscaping per
1 single family unit.
M. Park and Recreation Commission conditions:
(1) Dedication of Outlot E to the City by warranty deed
before the City signs the final plat.
11 (2) Construction of the following trails:
a. An eight (8) foot wide bituminous trail along the
west side of Lake Susan as indicated on Attachment
B, Segments D and E.
b. In lieu of constructing trail Segments A, B and C
(Attachment B), the Developer shall provide a lump
sum contribution to the City's trail fund in the
amount of Twenty -eight Thousand Eight Hundred and
' no /100 ($28,800.00) Dollars (2,400 lineal feet at
$12 per foot). This cash contribution reflects
the value of Segment 8 only as the Developer has
previously compensated the City for Segment A and
Segment C was not required as a part of this
Development Contract.
c. Trail Segment F connecting to Lake Susan Hills
Drive.
' d. Park fees are imposed at one -half (1/2) of the
rate in •force upon building permit application.
The fees shall be paid on a lot by lot basis prior
' to the issuance of a building permit for the lot.
All trail fees have been waived as a part of the
development of Lake Susan Hills West.
' e. The two trail easements identified allowing access
to the shoreland trail shall be consolidated into
one forty (40) foot easement at the location of
' the northerly easement.
N. Building Official conditions:
' (1) Submit details on corrected pads, including compaction
tests, limits the pad and elevations of excavations to
the Inspections Division. A general soils report for
' the development shall also be submitted to the Inspec-
tions Division.
' (2) Oversized street signs shall be placed at each of the
four outlets of Lake Susan Hills Drive on Powers
Boulevard. The signs shall indicate the range of
addresses on the street.
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0. Lot owners shall be responsible for the maintenance of
ejector pumps. 1
P. Any trees damages during construction shall be replaced on
a caliper inch basis per the Ordinance, Section 20- 1178(c)(7).
Q. Unless a lot already has two overstory trees in the front
yard, additional overstory trees, from the City's approved list, shall be
planted in each lot so that there are two overstory trees in each front
yard. If this has not been accomplished prior to the issuance of a
building permit for a lot, before a building permit is issued arrange- I
ments must be made to have the trees planted within one grading season ,
after the building permit is issued. The City should require security to
guarantee compliance. !
R. Subcontractors shall be notified by the Developer of the
tree preservation requirement. 1
S. Outlot A shall be conveyed to the City by warranty deed '
before the City signs the final plat.
T. The Developer shall be aware that review of the final street II
and utility construction plans may or may not result in dedicating
additional easements over the plat. 11
U. The existing telephone easement shown on the final plat '
shall be abandoned or relocated outside the building areas on the lots
prior to recording of the final plat. 1
V. Type I erosion control fence shall be extended along the
perimeter of wetland along the rear lots in $lock Three (3) and from Lot II
Ten (10), Block Four (4) to Powers Boulevard.
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W. A culvert shall be installed under Lake Susan Hills Drive at
Powers Boulevard. The size, type and location shall be approved by the
Carver County Public Works Department.
X. If the site earthwork requires hauling material into or from
11 the site, the Developer shall submit a haul route to the City for review
and approval.
' Y. Notwithstanding paragraph 1 of the General Conditions, the
Developer may grade the land being platted contingent upon the following:
' (1) execution of this Development Contract; (2) furnishing the City
' $61,000.00 security in a form acceptable to the City; and (3) the City
Engineer approving a grading and erosion control plan.
9. General Conditions. The general conditions of this Contract are
attached as Exhibit "B" and incorporated herein.
' CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
'
AND;
Don Ashworth, City Manager
DEVELOPER:
ARGUS DEVELOPMENT, INC.
' BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this day
of June, 1993, by Donald J. Chmiel, Mayor, and by 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.
' NOTARY PUBLIC
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STATE OF MINNESOTA )
( Bs.
COUNTY OF
The foregoing instrument was acknowledged before me this day 1
of June, 1993, by , the of Argue
Development, Inc., a Minnesota corporation, on behalf of the corporation.
1
NOTARY PUBLIC
DRAFTED BY;
Campbell, Knutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve, Suite ##317
Eagan, Minnesota 55121
(612) 452 -5000
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EXHIBIT "A"
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LEGAL DESCRIPTION OF SUBJECT PROPERTY:
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CONSENT
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, 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 II
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 .
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STATE OF MINNESOTA )
( ss. 11 COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 19 , by 1
NOTARY PUBLIC 1
DRAFTED BY: 1
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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CONSENT
, which holds
a mortgage on the subject property, the development of which is governed
by the foregoing Development Contract, agrees that the Development
Contract shall remain in full force and effect even if it forecloses on
its mortgage.
Dated this day of , 19
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' STATE OF MINNESOTA j
{ ss.
COUNTY OF
1 The foregoing instrument was acknowledged before me this day
of , 19 , by
•
NOTARY PUBLIC
DRAFTED BY;
1 Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eaganda]e Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT 1
(Developer Installed Improvements)
EXHIBIT "B" 1
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, II
construct sewer lines, water lines, streets, utilities, public or private
improvements, or any buildings until all the following conditions have II
been satisfied: 1) this agreement has been fully executed by both parties 11
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 II
Recorder's Office of the County where the plat is located, and 4) the
City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased
preliminary plat, the City may refuse to approve final plats of subse- ,
quent phases if the Developer has breached this Contract and the breach
has not been remedied. Development of subsequent phases may not proceed I
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 II
an amendment placing the plat in the current urban service area, or
official controls shall apply to or affect the use, development density, II
lot size, lot layout or dedications of Lhe 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 II
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contrary, to the full extent permitted by state law the City may require
Y Y q
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 plane 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 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 stabili-
zation, (5) location stationing and swing ties of all utility stubs, (6)
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bench mark network, and (7) a 200 scale and a 500 scale reproducible II
Mylar copy of the plat. '
5. Iron Monuments. Before the security for the completion of
utilities is released, all monuments must be correctly placed in the II
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 II
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 II
perform all work and inspections deemed appropriate by the City in
conjunction with plat development. 1
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, inspect- II
ed, and approved by the City. The City may impose additional erosion
control requirements if they would be beneficial. All areas disturbed by II
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 II
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 control-
ling 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 II
Developer in advance of any proposed action, but failure of the City to
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11 do so will not affect the Developer's and City's rights or obligations
y g gations
hereunder. No development will be allowed and no building permits will be
issued unless the plat is in full compliance with the erosion control
' requirements. Erosion control needs to be maintained until vegetative
cover has been restored, even if construction as 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
r fence. The Developer shall remove and dispose of the erosion control
measures.
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 attesting to same with appropriate contractor
waivers. Final acceptance of the public improvements shall be by City
Council resolution.
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10. Claims. In the event that the City receives claims from labor,
abor,
materialmen, or others that work required by this Contract has been 1
performed, the sums due them have not been paid, and the laborers,
materialmen, or others are seeking payment out of the financial guaran- II
tees 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 Inter- ,
pleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure
for the District Courts, to draw upon the letters of credit in an amount II
up to 1251 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 II
letters of credit deposited with the District court, except that the
Court shall retain jurisdiction to determine attorneys' fees. '
11. Park and Trail Dedication. Prior to the issuance of building
permits for residential construction within the plat, the Developer, its
successors or assigns, shall pay to the City the park and trail dedica- II
tion fees then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. ,
12. Landscaping. unless the lot already has one tree in the front
yard of suitable species, the Developer or lot purchaser shall plant a II
tree in the front yard of every lot in the plat. Suitable trees include: II
Maples Ash
Linden Basswood
Green Ash Birch
Honeylocust Ginkgo (male only)
Hackberry Kentucky Coffee Tree
Oak '
Other species of trees may be approved by the building inspector. Trees
which can cause a public nuisance, such as cotton producing trees, or can 1
6313 GC -5 1
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:25 No.003 P.20/28
1
11 be a public hazard, such as bug infestation or weak bark, are prohibited.
' The minimum tree size shall be two and one -half (2 1/2) 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
' 13, the Developer or lot purchaser shall sod the boulevard area and all
' drainage ways on each loL 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 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 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 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 trees shall be warranted
' for twelve (12) months from the time of planting. The Developer or his
contractorts) shall post a letter of credit or other security acceptable
to the City to secure the warranties at the time of final acceptance.
6313
r GC -6
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R Jun 10,93 13:25 No.003 P.21/28
14. Lot Plans. Prior to the issuance of building permits an
acceptable Grading, Drainage, Erosion Control, and Tree Removal Plan II
shall be submitted for each lot as required in the Special Provisions,
for review and approval by the City Engineer. Each plan shall assure that II
drainage is maintained away from buildings and that tree removal is 11
consistent with City Ordinance.
15. Existing Assessments. Any existing assessments against the plat I
will be respread against the plat in accordance with City standards.
16. Street Lighting. The Developer shall have installed and pay for II
street lights in accordance with City standards. A plan shall be
submitted for the City Engineer's approval prior to the installation. 11
Before the City signs the final plat, the Developer shall pay the City a II
fee of $200.00 for each street light installed in the plat. The fee shall
be used by the City for furnishing electricity for each light for twenty II
(20) months.
17. 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.
18. House Pads. The Developer shall promptly furnish the City "as
built" plans indicating the amount and type 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 II
to cover the cost of City Staff time and overhead for items such as
review of construction documents, preparation of the Development II
Contract, monitoring construction progress, processing pay requests, II
6313 GC -7 1
CRIIPBELL, KNUTSON, SCOTT 1& FUCHS, P.R Jun 10,93 15:26 No.003 P.22/28
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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 construc-
tion 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 1/2 %) of construction
costs for the first $1,000,000 and one and one -half percent (1
1/2 %) 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 construc-
tion costs. The cost of public improvements is defined in paragraph 6 of
the Special, Provisions.
11 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 periodi-
cally 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 which the City may pay or
incur in consequence of such claims, including attorneys' fees.
1
' 013 GC-8
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:27 No.003 P.23/28
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D. In addition to the administrative fee, the Developer shall
reimburse the City for costs incurred in the enforcement of this II
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 II
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 II
thirty (30) days shall accrue interest at the rate of Bt per year. 1
F. In addition to the charges and special assessments referred
to herein, other charges and special assessments may be imposed such as, II
but not limited to, sewer availability charges ( "SAC "), City water
connection charges, City sewer connection charges, and building permit II
fees. i
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 II
first given notice of the work in default, not less than four (4) days in 1
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 II
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. 1
21. Miscellaneous.
A. Construction Trailers. Placement of on -site construction
trailers and temporary job site offices shall be approved by the City II
6313 GC- 9 ,
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:27 No.003 P.24/28
1
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 improve -
1 ments 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.
' 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.
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 will not be issued for
constructing homes in the plat until sanitary sewer, watermain, and storm
sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface.
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.
6313 �r
r05::C�y) V-
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:29 No.003 P.27/28
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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 II
have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or II
utilities because of snow plowing operations. The provision of City snow II
plowing service does not constitute final acceptance of the streets by
the City.
0. Soil Treatment Systems. If soil treatment systems are
required, the Developer shall clearly identify in the field and protect 1
. from alteration, unless suitable alternative sites are first provided, 1
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. 1
Any violation /disturbance of these sites shall render them as unaccept-
able and replacement sites will need to be located for each violated site 1
in order to obtain a building permit.
P. Variances. By approving the plat, the Developer represents
that all lots in the plat are buildable without the need for variances 1
from the City's ordinances.
Q. Compliance with Laws, Ordinances, and Regulations. In the 1
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 II
6313 GC -13 1
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:28 No.003 P.25/28
1
H. Release. This Contract shall run with the land and ma y 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.
1. 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
11 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. P.emedies. Each right, power or remedy herein conferred upon
' the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City,
at law or in equity, or under any other agreement, and each and every
' right, power and remedy herein set forth or otherwise so existing may be
6313 GC -11
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:28 No.003 P.26/28
1
1
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 II
at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract II
without the written permission of the City Council. The Developer's II
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. t
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 1
or any recognized legal holidays. Operation of all internal combustion
engines used for construction or dewatering purposes beyond the normal II
working hours will require City Council approval. Under emergency
conditions, this limitation may be waived by the consent of the City II
Engineer. Any approved work performed after dark shall be adequately '
illuminated.
M. Access. All access to the plat prior to the City accepting II
the roadway improvements shall be the responsibility of the Developer
regardless if the City has issued building permits or occupancy permits 1
for lots within the plat.
N. Street Maintenance. The Developer shall be responsible for
all street maintenance until streets within the subdivision are accepted II
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 I
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 II
6313 GC -12 1
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jun 10,93 13:30 No.003 P.28'28
1
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
1 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. 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.
1
6313 GC -14
rOG,10/53
1
1 JUNE 14, 1993 CONSENT AGENDA CORRECTIONS
I ITEM 1B - WINDMILL RUN
Development Contract, Page SP -2, Section 5: Delete the words "in Phase I"
I Development Contract, Page GC -7, Section F, Sentence No. 2: "...the City may issue one
building permit for a model home if the lot is adjacent to Galpin Boulevard..."
I Development Contract, Page GC-7, Section F, Sentence No. 3: Delete " fo r Lot 1, Block 2"
P g >
and change "Lake Drive West" to "Galpin Boulevard ".
1
I ITEM 1C -2 - OAK PONDS /OAK HILL
Development Contract, Page SP -3, Section 8E: Delete this section as it is non - applicable.
1
ITEM 1G - CHANHASSEN BUSINESS CENTER
1 Development Contract, Page SP-4, Section 8F: Change "Phase I" to "Phase II ".
1 ITEM 1T - CHANGE ORDER NO. 3 TO PROJECT NO. 91 -17A
1 Staff Report, Page 2, last sentence: Change amount from $75,816.00 to $74,816.00.
1
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1
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� �L U�V R .7-72?-74 .7-72?-74 W/W7 1
b - 2
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
N. Auxiliary Turn Lanes on Galpin Blvd. (C.R. 117)
5. Time of Performance. The Developer shall install all
' required improvements by October 31, 1994. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
1 security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this
' Contract, payment of special assessments, payment of the costs of
all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
I 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
Auxiliary Turn Lanes on Galpin Blvd. (C.R. 117)
' 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
1 used to cure the default. With City approval, the security may be
SP -2
1 yt/1NDM i t.t. g ticN
II E. Severability. If any portion, section, subsection,
s entence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
1 the remaining portion of this Contract.
F. Building Permits. Building permits will not be
I 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
I recorded, the City may issue one building permit for a model home
if the lot is adjacent to Gaipin Boulevard and access to the site
meets the City Fire Marshal's conditions for ingress and egress at
I all times. However, no Certificate of Occupancy will be issued
until the City has formally accepted the public utility
improvements and Gaipin Boulevard is paved with a bituminous
•
surface.
I G. Waivers /Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
I 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
II 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
I 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
I 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 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
I 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
I 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
1 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
I 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
1 required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
1 other right, power or remedy, expressed or implied, now or
GC -7
II
dft: e/t/L %WW ,4'W
the original amount until all improvements are complete and
accepted by the City.
' 7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Dean R. Johnson Construction Co.
Attn: Mr. Dean R. Johnson
8984 Zachary Lane
Maple Grove, MN 55369
Telephone: (612) 420 -4589
Notices to the City shall be in writing s
y 11 n wr ing 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. A "No Parking" restriction shall be designated along
the entire north side of Oak Pond Road. Appropriate "No Parking"
restrictions /signs shall be placed on the private service drives
and northerly side of Oak Pond Road. A "No Parking" resolution
should be adopted by the City Council restricting parking along the
entire north side of Santa Vera Drive. Appropriate "No Parking"
restrictions /signs shall also be placed on the private service
' drives.
B. The grading and drainage plan shall be in accordance
' with the City's Best Management Practice Handbook.
C. Park and trail dedication fees shall be paid in lieu
of park land dedication, to be paid at the time of building
' application.
D. Fencing shall be placed around the oak trees to
minimize impact during construction. Protected trees lost due to
construction must be replaced on a caliper inch basis in accordance
with a plan approved by staff.
E. Item deleted.
F. Compliance with the Fire Marshal's conditions as
' shown in his memorandum dated October 21, 1992.
G. The applicant shall enter into a PUD agreement and
' development contract and submit the necessary financial securities.
H. The color of brick and vinyl siding shall be grays
and browns.
SP -3
1
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.17///2/0/85-se-A/ guswv eibw/ee . o
I shall be built to "NURP" standards. Design standards shall be
submitted for A temporary retention pond for Phase I and shall be
created on Lot G Outlot "C" 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 proposed watermain loop shown between Lots 8 and
' 9, Block 1 of the preliminary plat dated October 21, 1991 shall be
extended to the southerly property line of the development with
Phase II.
' 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. Three street lights shall be installed with
Phase I and the remainder of the lights shall be installed with
Phase II. Location of the three lights will be determined by the
City.
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
SP -4
1