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D-6. Foxwood- 9150 and 9250 Great Plains Boulevard: Approve Final Plat for a 46-lot subdivision on 43.55 acres of property; and Approve Development Contract and Plans and Specifications0. - CITY OF CgA1VHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: July 25, 2016 SUBJ: Foxwood Final Plat, Development Contract, and Plans & Specifications — Planning Case #2015-18 PROPOSED MOTION "Chanhassen City Council approves: 1. The final plat for Foxwood subject to the conditions of the staff report; 2. The development contract for Foxwood; and 3. The plans and specifications for Foxwood." Approval requires a simple majority vote of the City Council. Website The survey shows a 16.5 -foot -wide telephone easement through the center of the site. www.ci.chanhassen.mn.us This easement must be vacated before the final plat is filed at Carver County. The well and septic system on the property must be properly abandoned. Label the contours on Sheet 2. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow PROPOSAL SUMMARY Park & Recreation Phone: 952.227.1120 The applicant, Providence 55, LLC, is requesting final plat approval to create 46 lots, Fax: 952.227.1110 six outlots, and right-of-way for public streets for the property located 9150 and 9250 Great Plains Boulevard. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 BACKGROUND Fax: 952.227.1404 On June 27, 2016, the Chanhassen City Council approved a Conditional Use Permit Planning & for development in the Bluff Creek Overlay District (BCOD), Rezoning from Natural Resources Agricultural Estate District (A-2) to Residential Low and Medium Density (RLM), Phone: 952.227.1130 Fax: 952.227.1110 and a 46 lot, six outlot and public right-of-way preliminary plat with variances for the use of a private street and a 20 -foot setback variance from the Bluff Creek Primary Public Works zone. 7901 Park Place Phone: 952.227.1300 SUBDIVISION REVIEW Fax: 952.227.1310 The applicant is creating 46 lots, six outlots and public right-of-way for city streets. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Existing Conditions Survey Website The survey shows a 16.5 -foot -wide telephone easement through the center of the site. www.ci.chanhassen.mn.us This easement must be vacated before the final plat is filed at Carver County. The well and septic system on the property must be properly abandoned. Label the contours on Sheet 2. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 2 of 17 Streets The development will construct Road A from TH 101 to the project limits. This street will ultimately extend to Powers Boulevard when the property to the south develops. The intersection of Road A at Highway 101 aligns with the entrance to Bandimere Park. Once Road A is installed the Parks Department should adjust the pavement markings at the Bandimere Park entrance to identify a lane for vehicles that will not be making a turn at Highway 101. The final plat mylars must include the street names approved by the Fire Marshal A temporary cul-de-sac will be installed at the end of Road A. A nine -foot -high retaining wall is proposed along the east side of the retaining wall. The grading plan must be revised so that there is at least five feet from the edge of pavement to the retaining wall. A guard rail must be installed at the top of the retaining wall near the temporary cul-de-sac. The developer will grant a temporary easement for this cul-de-sac. When Road A is extended in the future the temporary cul-de-sac and the temporary lift station will be removed, and Road A and the sidewalk will be extended. The developer shall post a $33,750 escrow which is the estimated cost to perform this work. Any adjustments to the retaining wall on Lot 2, Block 4 resulting from the extension of Road A shall be borne by the developer of the adjacent site. The streets shown in the plans are 31' wide within a 60 -foot wide right of way; cul-de-sacs are shown at 90' diameter within a 120' right of way. The developer will install a private street to the two existing homes at 9250 Great Plains Blvd (Lot 5, Block 5) and 9350 Great Plains Blvd. The private street will extend from Road A within Outlot B and must be built to a 7 -ton design. The owners of 9250 and 9350 Great Plains Boulevard will own Outlot B. The developer must acquire the necessary permission for off-site work at 9350 Great Plains Boulevard before that property's driveway is realigned. Once the private street within Outlot B is paved with the base course the developer must remove the existing driveway from Highway 101 to 9250 and 9350 Great Plains Boulevard. Pedestrian curb ramps from the sidewalks to the street must be ADA -compliant. Barricades must be installed where the sidewalk ends on the south end of Road A. Grading and Drainage The applicant proposes to mass grade the site. The site contains three wetlands- Wetlands 1p, 2p, and Wetland 2- where the wetlands are higher than the adjacent homes. Wetland 3p is part of the Wetland 1p/2p complex and is approximately the same elevation of one of the proposed adjacent homes. Section 18-40 (4) d. 2. i. requires a three-foot separation between the water elevation and the adjacent low floor elevation. The building pad for Lot 4, Block 1 is 50' from Wetland 3p and the low floor elevation is approximately 7 feet below the wetland elevation. Similarly, Lot 18, Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 3 of 17 Block 1 is approximately 60' from Wetland 2, and the lowest floor elevation is 5.5' lower than the wetland. The developer performed additional soils analysis and monitoring at these sites and there is no evidence of an elevated groundwater elevation. If groundwater is encountered during construction the low floor elevation of the homes must be adjusted accordingly. An oversized drainage and utility easement is required at the back of Lot 1, Block 6 as this area conveys drainage from the adjacent parcel. Staff recommends that the 916' contour extend into the drainageway to create a swale versus the sheet drainage pattern that is currently shown; it has been staff's experience that landscaping/hardscaping/etc. on the downstream parcel tends to impede sheet drainage. Per Section 18-40 (4) d. 2. v. a drain tile service is required for Lots 1-4 Block 5, Lot 6 Block 5; and Lots 1-3 Block 6 as these lots are proposed to drain from the back of the lot towards the street. Prior to commencing site grading the grading plan must be revised to eliminate the flat area and low spot at the back of Lot 3, Block 6. Retaining walls The plans identify 10 retaining walls that are proposed to be constructed with the project. Location Lot 1, Block 1 Lot 2, Block 1 Lot 6, Block 1 Side yard Lot 6, Block 1 Backyard Lot 17, Block 1 Maximum Length Height Location Maximum Height Length 3 I 52 I I Block 3 6Lot 5, I 60' 3' 3' 8' 4' Lot 2, , 70 Block 4 9 85' Lot 7, 41 Block 5 Lot 10, , 107 Block 5 4.5 70, Lot 11, 41 Block 5 175' 35' 60' 65' Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 4 of 17 Utilities This site lies within the service area of a future, permanent lift station that will be located on Powers Boulevard between Highway 212 and Pioneer Trail as shown on the map below. The City will not reimburse for the cost of the temporary lift station and force main that will service Foxwood as the developer has elected to proceed with developing the site prior to installation of the City's trunk lift station and force main. Future force main - -• Subject property - - - -. Future permanent lift station The cost of the trunk lift station and force main will be assessed to the properties that will be serviced by the system. Staff has mapped the service area and determined the net benefitting area. At the July 11th council meeting a report was presented recommending a fee structure for these utilities. The fee for the Foxwood development is $48,725.04 (46 units x $1,059.24/unit). The temporary lift station will be installed at the southern end of Road A and must be located outside of the temporary cul-de-sac. The temporary force main will connect to the existing gravity sanitary sewer on the south side of Lyman Boulevard at Crossroads Boulevard. These temporary utilities will remain until the property to the south develops and extends gravity sanitary sewer to the site. The developer must submit a $10,000 escrow with the development contract; this escrow will be used for the removal of the temporary lift station when Road A is extended and the lift station at Powers Boulevard and TH 212 is installed. The developer proposes to extend 12" trunk water main from the 12" trunk main within TH 101. The water main will be stubbed at the temporary cul-de-sac and will be looped to 16" trunk main within Powers Boulevard when the property to the south develops. A pressure reducing valve (PRV) is required at the intersection of Highway 101 and Road A. The City will reimburse the Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 5of17 developer for oversizing the water main from an eight -inch lateral to a 12" trunk water main and for the PRV. The estimated cost for the oversizing and the PRV is $13,000 and $10,000, respectively. On Sheet 18 modify Note 2 to state that 10' horizontal separation is required between water and sewer lines. Permits At this time staff has determined that the developer must contact the following agencies for permits: a) Minnesota Department of Health for the water main. b) Minnesota Pollution Control Agency for the sanitary sewer system. c) Minnesota Pollution Control Agency for the NPDES storm water permit. d) Minnesota Department of Transportation for a Work in Right of Way permit for the force main installation and trail construction. e) Minnesota Department of Transportation for a drainage permit. 0 City of Chanhassen for building permits. COMPLIANCE TABLE Code (RLM) Block 1 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot Area Lot (sq. ft.) Width 9,000 12,600 15,147 16,091 14,525 15,123 14,718 17,581 11,739 50 90 100 85 85 85 85 103 90 I 35 Lot %Maximum Depth Site Coverage (sq. ft.) 110 3,150 140 4,410 130 5,301 130 I 5,632 123 I 5,084 118 5,293 118 5,151 146 6,153 121 4,109 Notes Single -Family Detached Housing Wetland Corner lot Cul-de-sac, show 10' side setbacks, Wetland Cul-de-sac, wetland, show 30' front { Cul-de-sac, wetland, show 30' front Cul-de-sac, wetland, show 30' front Corner lot, wetland, show 30' front Wetland Foxwood Final Plat - Planning Case 2016-13 July 25, 2016 Page 6 of 17 Lot 9 12,799 90 126 4,480 Lot 10 14,240 90 I 130 4,984 Lot 11 15,306 90 132 5,357 Lot 12 11,688 92 123 4,091 Lot 13 14,974 103 127 5,241 Lot 14 12,133 120 127 4,247 Lot 15 11,980 102 196 4,193 Lot 16 18,390 72 139 6,437 Lot 17 17,136 82 218 5,998 Lot 18 15,244 106 202 5,335 Block 2 Lot 1 12,599 110 124 4,410 Lot 2 11,652 91 133 4,078 Block 3 Lot 1 13,500 90 150 4,725 Lot 2 15,253 128 121 5,339 Lot 3 17,814 106 139 6,235 Lot 4 11,430 90 127 4,001 Lot 5 12,958 116 127 4,535 Lot 6 13,843 116 145 4,845 Lot 7 16,669 88 150 5,834 Lot 8 19,487 86 143 6,820 Lot 9 17,911 91 158 6,269 Block 4 Lot 1 13,255 135 133 4,639 Lot 2 12,340 125 130 4,319 Block 5 Lot 1 14,995 107 145 5,248 Lot 2 11,200 81 132 3,920 Lot 3 12,105 108 132 4,237 Lot 4 14,557 158 130 5,095 Lot 5 # 120,342 216 507 42,120 Lot 6 13,634 100 130 4,772 Lot 7 12,096 85 136 4,091 Lot 8 13,598 82 153 4,759 Lot 9 15,699 82 179 5,495 Lot 10 15,214 100 204 5,325 Lot 11 16,829 82 204 5,890 Lot 12 13,683 90 151 4,789 Wetland Wetland, show 10' side setbacks Corner lot Cul-de-sac, show 30' front setback Cul-de-sac, Wetland, show 40' front setback shown Cul-de-sac, Wetland Corner lot, Wetland Wetland, show 10' side setbacks Show 10' side setbacks I Corner lot 1 1 Shows 30' front setback 1 Cul-de-sac, Wetland Cul-de-sac, Wetland j Wetland 1 Wetland 1 1 Wetland, Adjacent to 1 private street Wetland Wetland Wetland Wetland, Paulsen residence Wetland Wetland Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 7 of 17 Block 6 Lot 1 21,204 122 177 7,421 Corner lot90 Lot 2 16,551 90 182 5,793 1 Lot 3 17,317 113 186 6,061 Adjacent to private street 12.2 ac., Open Outlot A 531,348 Space/Wetland, Bluff Creek Primary Zone Outlot B 5,531 0.13 ac., Private Street 1.34 ac., Open Outlot C 58,500 Space/Wetland 5.58 ac.,Open Space Outlot D 243,114 /Wetland 1.58 ac., Open 1 Outlot E 68,876 Space/Wetland 0.15 ac., Open Outlot F 6,602 Space/Wetland ROW 203,861 4.68 acres Average Lot 15,321 #Excludes Lot 5, Block 5 1 Size # Total 1,896,980 43.55 Acres 1 @ 90 feet at the building setback line. Setbacks: RSF: front -30 -ft., side -10 -ft., rear -30 -ft., wetland buffer -20 ft., buffer setback -30 ft. Hard Cover: 25% DEVELOPMENT CONTRACT FOR GRADING PURPOSES The City Wetland Alteration Permit (WAP) and the State Wetland Conservation Act (WCA) replacement plan process required for this development is in process, therefore Council approval of the final plat, development contract, et cetera is conditioned upon approval of the WAP and WCA replacement plan. In general, the grading plan is complete and staff does not foresee any issues with the plan. Staff recommends that the Council approve a Development Contract for Grading Purposes be issued so that site grading can commence. One of the conditions of the Development Contract for Grading Purposes is that wetlands cannot be altered unless the necessary WAP and WCA approvals are granted. DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $2,177,546.80 financial security is required to guarantee compliance with the terms of the development contract relating to site grading, the installation of public streets and utilities, one-year of public street light operating costs, engineering, surveying, inspection, landscaping and topsoil. The cash fees for this project total $616,624.04. The City will reimburse the developer for the trunk water main oversizing and for the pressure reducing valve. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 8of17 PLANS & SPECIFICATIONS The developer has submitted construction plans for the project. The plans are generally in compliance; staff recommends that the council approve the plans and specifications for the project conditioned upon the developer's engineer working with staff to make the necessary changes. REVIEW CONDITIONS OF APPROVAL Building: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. 2. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. *This condition still applies. 3. Engineered design and building permits are required for retaining walls exceeding four feet in height. *This condition still applies. 4. Each lot must be provided with a separate sewer and water service. *This condition still applies. 5. Demolition permits must be obtained before demolishing any structures. *This condition still applies. 6. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. *This condition still applies. 7. If applicable, existing home(s) affected by the new street will require address changes. *This condition still applies. 8. Provide a 1:200 "clean" plat drawing. *This condition still applies. Engineering: 1. The 16.5' wide telephone easement must be vacated before the City Council considers final plat approval. * This condition has been modified: The 16.5' wide telephone easement through the site must be vacated before the final plat is filed at Carver County. 2. The well on the property must be properly abandoned. *This condition has been modified: The well and septic system on the property must be properly abandoned before a building permit is issued. 3. Label the contours on Sheet 2 of the Existing Conditions Survey. *This condition still applies. 4. The grading plan must be revised to eliminate the 3H:1 V slope within the temporary cul-de- sac. * This condition has been modified: Prior to commencement of site grading the grading plan must be revised so that there is at least five feet from the edge of the temporary cul-de-sac to the retaining wall. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 9of17 5. The developer shall dedicate an easement over the temporary cul-de-sac; the easement exhibit shall be submitted with the final plat application. *This condition no longer applies. 6. The private street within Outlot B and must be built to a 7 -ton design. *This condition still applies. 7. Pedestrian curb ramps from the sidewalks to the street are required must be ADA -compliant. *This condition has been modified: Pedestrian curb ramps from the sidewalks to the street must be ADA -compliant. 8. The developer will install shallow monitoring wells or piezometers in the area of Lots 1-4, Block 5 and Lot 18, Block 1. Water elevations shall be monitored for a minimum of four weeks during a time when seasonally high water table would be expected. *This condition has been modified: If groundwater is encountered during construction, the low floor elevation of the homes must be adjusted accordingly. 9. An oversized drainage and utility easement is required at the back of Lot 1, Block 6 as this area conveys drainage from the adjacent parcel. Staff recommends that the 916' contour extend into the drainageway to create a swale versus the sheet drainage pattern that is currently shown; it has been staff's experience that landscaping/hardscaping/etc. on the downstream parcel tends to impede sheet drainage. *This condition has been modified: The final plat must include an oversized drainage and utility easement at the back of Lot 1, Block 6 to encompass the drainage swale. 10. Per Section 18-40 (4) d. 2. v. a drain tile service is required for Lots 1-4 Block 5, Lot 6 Block 5; and Lots 1-3 Block 6 as these lots are proposed to drain from the back of the lot towards the street. *This condition still applies. 11. The developer's engineer shall ensure that the maximum driveway grades shown on the plan are calculated such that a 10' landing is provided where the driveway connects to the street and a five to 10 -foot landing is provided at the garage. *This condition no longer applies. 12. On the grading plan label the existing contours. *This condition still applies. 13. The retaining wall on Lot 2, Block 4 must be outside of the drainage and utility easement. *This condition no longer applies. 14. The temporary lift station must be located outside of the temporary cul-de-sac. This condition no longer applies. 15. The developer must work with staff to ensure that the invert elevation is at or higher than the invert elevation established during the concept planning of the undeveloped parcel to the south. * This condition no longer applies. 16. On Sheet 18 modify Note 2 to state that 10' horizontal separation is required between water and sewer lines and modify Note 11 to state that sanitary sewer services shall be 6" diameter. *This condition has been modified: On Sheet 18 modify Note 2 to state that 10' horizontal separation is required between water and sewer lines. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 10 of 17 In addition, based on review of the final plat construction documents, staff recommends the following conditions be added: 1. The final plat mylars must include the street names approved by the Fire Marshal. 2. A guard rail must be installed at the top of the retaining wall near the temporary cul- de-sac. 3. The developer shall post a $33,750 escrow to be used towards the removal of the temporary cul-de-sac at the end of Road A, extending Road A to the property line and extending the sidewalk to the property line. 4. Outlot B shall be deeded to the owners of 9250 and 9350 Great Plains Boulevard. 5. The developer must acquire the necessary permission for off-site work at 9350 Great Plains Boulevard before that property's driveway is realigned. 6. Once the private street within Outlot B is paved with the base course the developer must remove the existing driveway from Highway 101 to 9250 and 9350 Great Plains Boulevard. 7. Barricades must be installed where the sidewalk ends on the south end of Road A. 8. The developer shall pay $48,725.04 for the development's portion of the cost of Lift Station 32. 9. The developer must submit a $10,000 escrow with the development contract; this escrow will be used for the removal of the temporary lift station when Road A is extended and the lift station at Powers Boulevard and TH 212 is installed. 10. The City will reimburse the developer for the cost of oversizing the water main from an eight -inch lateral to a 12" trunk main and for the pressure reducing valve. Environmental Resources: 1. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes. The fencing shall be placed fencing at the grading limits. Tree #2524 shall be included in the fencing area rather than fenced separately. These protections shall remain in effect until construction is completed. *This condition still applies. 2. Signage identifying outlot natural areas will be posted at property corners on lots 1, 3-6, 8-9, 17, 18, block 1 and lots 1, 2, block 2 and lots 8, 9, block 3 and lot 1-2, block 4. This condition shall be modified to read: Signage identifying outlot natural areas will be posted at property corners and angle point on lots 1, 3-6, 8-9, 11, 17-18, block 1 and lots 1, 2, block 2 and lots 8, 9, block 3 and lot 1-2, block 4 and lots 4 and 6, block 5. These must be installed prior to selling the lot. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 11 of 17 Fire: 1. A 3 -foot clear space shall be maintained around fire hydrants. *This condition still applies. 2. Submit propose street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. *This condition still applies. 3. Street signs (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. *This condition still applies. 4. Prior to combustible construction fire hydrants shall be made serviceable. *This condition still applies. 5. No burning permits will be issued for tree/brush removal. *This condition still applies. 6. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. *This condition still applies. 7. Additional fire hydrants will be required or relocated. *This condition has been met. Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. *This condition still applies. 2. Dedication of an outlot adjacent to Lot 12, Block 5 and across the southern portion of Lot 5, Block 5 to accommodate future construction of a trail. *This condition still applies. 3. Planning, engineering and construction of two planned 10 -foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. *This condition still applies. 4. Planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat adjacent to and along Highway 101. *This condition still applies. 5. Trail right of ways within the subdivision shall be provided within outlots as a condition of the plat. Acquisition of trail easements outside of the plat shall be the responsibility of the City of Chanhassen. *This condition still applies. 6. The Developer shall be responsible for the installation and payment of the two planned 10 - foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. *This condition still applies. 7. For those sections of the Hwy 101 trail situated north and south of their property boundaries, the Developer shall be reimbursed by the City of Chanhassen for the full cost of planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat along Highway 101. *This condition still applies. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 12 of 17 8. For that section of the Highway 101 trail located within or adjacent to the Developer's project boundary, the applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, retaining walls and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation for the trail surface and design, and engineering and testing services for all components of the Developers section, are not reimbursable expenses. *This condition still applies. 9. All trails shall be 10 feet in width, surfaced with asphalt and constructed to meet city specifications. *This condition still applies. 10. The granting of a permanent 20 foot wide trail easement across the rear of lots 8 and 9, Block 3. *This condition still applies. Water Resources Coordinator: 1. The model shall be modified to reflect the fact that current soil conditions and vegetative cover will have a lower bulk density and a higher infiltration rate than fully developed conditions. *This condition has been met. 2. The model must be modified to accurately reflect times of concentration for each drainage area. *This condition has been met. 3. In the absence of measured infiltration rates, the site should be modeled with conditions similar to what is anticipated given the soil survey and the proposed construction methodologies. *This condition has been met. 4. The wetlands cannot be used to meet rate control. Rate control must be achieved prior to discharge to any of the wetlands, MN DOT right-of-way or adjoining properties. *This condition still applies. 5. The infiltration basin areas shall be protected from construction traffic and other construction related activities throughout the duration of the project. This shall be noted on the grading plan, in the SWPPP and shown with pre -construction silt fence location. *This condition still applies. 6. The infiltration areas shall be graded last. The tributary area shall be graded and stabilized prior to excavation of the infiltration basins. *This condition still applies. 7. The mass grade phasing schedule shall include stripping and stockpiling of top soil material. *This condition still applies. 8. The grading and erosion plan shall include stockpile locations. *This condition still applies. 9. The SWPPP and erosion plan shall include topsoil quantities necessary to place six inches (6") on all disturbed areas to be re -vegetated. *This condition has been met. 10. A detailed planting schedule and plan shall be included for each infiltration basin. *This condition still applies. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 13 of 17 11. Redundant perimeter controls are required for all disturbs soils draining to wetlands. This may be silt fence, biologs, wind -rows of salvaged and stockpiled topsoil or other as approved by the city. *This condition has been met. 12. The developer shall be responsible for procuring the NPDES construction permit and providing proof to the city prior to any land disturbing activities. *This condition still applies. 13. The developer must meet the requirements of MN Rules Chapter 8420 and the Federal Clean Water Act. *This condition has been met. 14. The development shall meet the CUP conditions for the Bluff Creek Overlay District. *This condition still applies. 15. Signage will be required at every lot corner and angle point along the private lots adjacent to the wetlands not bound by the BCOD. These must be installed prior to selling the lot. *This condition still applies. 16. Any grading within wetland buffers must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. *This condition still applies. 17. The Storm Water Utility Connection Charge due at final plat is estimated to be $218,662.84 *This conditions shall be modified as follows: The Storm Water Utility Connection Charge due at final plat is $90,580.00. estimated to be $218,662 4^ RECOMMENDATION Staff recommends approval of the final plat, development contract and plans and specifications prepared by Alliant Engineering dated June 28, 2016 for Foxwood subject to the following conditions: Buildin : 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3. Engineered design and building permits are required for retaining walls exceeding four feet in height. 4. Each lot must be provided with a separate sewer and water service. 5. Demolition permits must be obtained before demolishing any structures. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 14 of 17 6. If applicable, existing home(s) affected by the new street will require address changes. 7. Provide a 1:200 "clean" plat drawing. Engineering: 1. The 16.5' wide telephone easement through the site must be vacated before the final plat is filed at Carver County. 2. The well and septic system on the property must be properly abandoned before a building permit is issued. 3. Label the contours on Sheet 2 of the Existing Conditions Survey. 4. Prior to commencement of site grading the grading plan must be revised so that there is at least five feet from the edge of the temporary cul-de-sac to the retaining wall. 5. The developer shall dedicate an easement over the temporary cul-de-sac; the easement exhibit shall be submitted with the final plat application. 6. The private street within Outlot B and must be built to a 7 -ton design. 7. Pedestrian curb ramps from the sidewalks to the street must be ADA -compliant. 8. If groundwater is encountered during construction, the low floor elevation of the homes must be adjusted accordingly. 9. The final plat must include an oversized drainage and utility easement at the back of Lot 1, Block 6 to encompass the drainage swale. 10. Per Section 18-40 (4) d. 2. v. a drain tile service is required for Lots 1-4 Block 5, Lot 6 Block 5; and Lots 1-3 Block 6 as these lots are proposed to drain from the back of the lot towards the street. 11. On the grading plan label the existing contours. 12. On Sheet 18 modify Note 2 to state that 10' horizontal separation is required between water and sewer lines. 13. The final plat mylars must include the street names approved by the Fire Marshal. 14. A guard rail must be installed at the top of the retaining wall near the temporary cul-de-sac. 15. The developer shall post a $33,750 escrow to be used towards the removal of the temporary cul-de-sac at the end of Road A, extending Road A to the property line and extending the sidewalk to the property line. 16. Outlot B shall be deeded to the owners of 9250 and 9350 Great Plains Boulevard. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 15 of 17 17. The developer must acquire the necessary permission for off-site work at 9350 Great Plains Boulevard before that property's driveway is realigned. 18. Once the private street within Outlot B is paved with the base course the developer must remove the existing driveway from Highway 101 to 9250 and 9350 Great Plains Boulevard. 19. Barricades must be installed where the sidewalk ends on the south end of Road A. 20. The developer shall pay $48,725.04 for the development's portion of the cost of Lift Station 32. 21. The developer must submit a $10,000 escrow with the development contract; this escrow will be used for the removal of the temporary lift station when Road A is extended and the lift station at Powers Boulevard and TH 212 is installed. 22. The City will reimburse the developer for the cost of oversizing the water main from an eight -inch lateral to a 12" trunk main and for the pressure reducing valve. Environmental Resources: 1. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes. The fencing shall be placed fencing at the grading limits. Tree #2524 shall be included in the fencing area rather than fenced separately. These protections shall remain in effect until construction is completed. 2. Signage identifying outlot natural areas will be posted at property corners and angle point on lots 1, 3-6, 8-9, 11, 17-18, block 1 and lots 1, 2, block 2 and lots 8, 9, block 3 and lot 1-2, block 4 and lots 4 and 6, block 5. These must be installed prior to selling the lot. Fire: 1. A 3 -foot clear space shall be maintained around fire hydrants. 2. Submit propose street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. 3. Street signs (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 4. Prior to combustible construction fire hydrants shall be made serviceable. 5. No burning permits will be issued for tree/brush removal. 6. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 16 of 17 Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Dedication of an outlot adjacent to Lot 12, Block 5 and across the southern portion of Lot 5, Block 5 to accommodate future construction of a trail. 3. Planning, engineering and construction of two planned 10 -foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. 4. Planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat adjacent to and along Highway 101. 5. Trail right of ways within the subdivision shall be provided within outlots as a condition of the plat. Acquisition of trail easements outside of the plat shall be the responsibility of the City of Chanhassen. 6. The Developer shall be responsible for the installation and payment of the two planned 10 - foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. 7. For those sections of the Hwy 101 trail situated north and south of their property boundaries, the Developer shall be reimbursed by the City of Chanhassen for the full cost of planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat along Highway 101. 8. For that section of the Highway 101 trail located within or adjacent to the Developer's project boundary, the applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, retaining walls and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation for the trail surface and design, and engineering and testing services for all components of the Developers section, are not reimbursable expenses. 9. All trails shall be 10 feet in width, surfaced with asphalt and constructed to meet city specifications. 10. The granting of a permanent 20 foot wide trail easement across the rear of lots 8 and 9, Block 3. Foxwood Final Plat — Planning Case 2016-13 July 25, 2016 Page 17 of 17 Water Resources Coordinator: 1. The wetlands cannot be used to meet rate control. Rate control must be achieved prior to discharge to any of the wetlands, MN DOT right-of-way or adjoining properties. 2. The infiltration basin areas shall be protected from construction traffic and other construction related activities throughout the duration of the project. This shall be noted on the grading plan, in the SWPPP and shown with pre -construction silt fence location. 3. The infiltration areas shall be graded last. The tributary area shall be graded and stabilized prior to excavation of the infiltration basins. 4. The mass grade phasing schedule shall include stripping and stockpiling of top soil material. 5. The grading and erosion plan shall include stockpile locations. 6. A detailed planting schedule and plan shall be included for each infiltration basin. 7. The developer shall be responsible for procuring the NPDES construction permit and providing proof to the city prior to any land disturbing activities. 8. The development shall meet the CUP conditions for the Bluff Creek Overlay District. 9. Signage will be required at every lot corner and angle point along the private lots adjacent to the wetlands not bound by the BCOD. These must be installed prior to selling the lot. 10. Any grading within wetland buffers must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. 11. The Storm Water Utility Connection Charge due at final plat is $90,580.00. 12. The City Wetland Alteration Permit (WAP) and the State Wetland Conservation Act (WCA) replacement plan process required for this development is in process, therefore Council approval of the final plat, development contract, et cetera is conditioned upon approval of the WAP and WCA replacement plan ATTACHMENTS 1. Reduced Copy Final Plat. 2. Development Contract. — Grading 3. Development Contract — Developer Installed Improvements 4. Grant of Temporary Easement FOXWOO D NNOa'+ Al PERSONS By THESE PRESENTS —Ppvaence 55. 40, n Mlnnmm. Ilmnee N,dnry.m .avmod Ine ^umrM dme ann T3p.Opbn mmfmsurr.tl n e pOwran�er vl Seabn sa, iowaaNp,,6. PargezJ. CarwrCwmN. Mbrcada. 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R 21 /3 ` - I 1S ASSUMED TO HAVE A SE-G OF 589°13'22'. 7 Y I Ig o Denales r°ana menameat 1/2 i.o monome O.n 41ns set 1/2 Incn . iB n ant 0 £ //•lw \rte I /.� MA TCM/Nf r.rn. nor by Ile°n,. no. 18a25 w1m, elM1e.wls° sb°wn 0 Daense ne tl6a 9 n ° 1 one moa ars. --d y 25 �" Nw 6 Ig yNr s OaO 0-.- a.n—, ane "Gory easement MA MHUAIE I y ' ALLIANT FOXWOO D N00'02'05"W 432.28 isIF srt`r• 23 DerArc A o e nror ro suu: Nor RG ro sGacE DRAINAGE AND UTIU Y EASEMENTS ARE SHOWN THUS: I I I I I s �I II II II II NOT To sOALE 7�- 0 3D 60 120 SGALE 1H FEET THE NORTH LINE OF THE SE 1/4 SEG. 32. T. 115. R. 21 Is ASSUMED TO HAVE A BEARING OF 589°13'22"W • Denotes f—d monument 1/2 Inch iro one o Denotes sat 1/2 in s 18 in ent -- by I—. n>. 184251- less .- se shor n O Denotes set mog IN Intl bran — --d by i— nI. 18425 OW Denotes tl in ge Intl utility ecse I ALLIANT CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FOXWOOD DEVELOPMENT CONTRACT FOR GRADING PURPOSES CITY OF CHANHASSEN DEVELOPMENT CONTRACT FOR GRADING PURPOSES FOXWOOD SPECIAL PROVISIONS AGREEMENT dated JULY 25, 2016 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Foxwood, LLC, a Minnesota limited liability company, (the "Developer"). 1. Development Plans. The plan shall be developed in accordance with the following plans: Grading Plan and Storm Water Pollution Prevention Plan (SWPPP) approved July 25, 2016, prepared by Alliant Engineering. 2. Security. To guarantee compliance with the plans the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $61,710.00, which is 110% of the estimated erosion control and pond excavation costs. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the security is drawn down, the draw shall be used to cure the default. 3. 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: Bill Coffman Foxwood, LLC 1000 Boone Avenue North, Suite 400 Golden Valley, MN 55427 Phone: 612-202-0692 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone: (952) 227-1100 1 4. Other Special Conditions. a) No grading is allowed within wetland areas until the City Wetland Alteration Permit (WAP) and the State Wetland Conservation Act (WCA) replacement plan are approved. b) The infiltration basin areas shall be protected from construction traffic and other construction related activities throughout the duration of the project. This shall be noted on the grading plan, in the SWPPP and shown with pre -construction silt fence location. c) The infiltration areas shall be graded last. The tributary area shall be graded and stabilized prior to excavation of the infiltration basins. d) The mass grade phasing schedule shall include stripping and stockpiling of top soil material. e) The grading and erosion plan shall include stockpile locations. The developer shall be responsible for procuring the NPDES construction permit and providing proof to the city prior to any land disturbing activities. [Remainder of page intentionally left blank] 2 CITY OF CHANHASSEN MM (SEAL) 1.3 02 1 Denny Laufenburger, Mayor Todd Gerhardt, City Manager FOXWOOD, LLC: Tyler Wenkus, Chief Manager STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2016, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by Tyler Wenkus, Chief Manager of Foxwood, LLC, a Minnesota limited liability company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 3 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: The East Half of the East Half of the South Half of the Southeast Quarter, and the Southeast Quarter of the Northeast Quarter of the Southeast Quarter, all In Section 23, Township 116, Range 23, Carver County, Minnesota. And also that part of the North Hag of the Southwest Quarter of Section 24, Township 116, Range 23, Carver County, Minnesota, lying southerly of the north 730.00 feet as measured along westerly line thereof and lying westerly of the centerline of State Highway No. 101, the centerllne of which Is described as follows: Beginning at a point on the North line of the Southwest Quarter of Section 24, Township 116, Range 23, a distance of 632.52 feet east of the Northwest corner of said Southwest Quarter; the bearing of the North line of the Southwest Quarter Is assumed to be South 88 degrees 46 minutes 29 seconds East, thence South 4 degrees 24 minutes 47 seconds West a distance of 413.72 feet thence on a tangential curve, concave to the east having a central angle of 11 degrees 38 minutes 21 seconds and a radius of 1962.29 feet a distance of 398.62 feet, thence South 7 degrees 13 minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet thence on a tangential curve, concave to the west having a central angle of 14 degrees 29 minutes 17 seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to a point on the South line of the North Hag of the Southwest Quarter of Section 24 and there terminating said point distance 660.44 feet easterly of the Southwest corner of the North Hag of the Southwest Quarter. Except that part taken by the State of Minnesota In Final Certificate filed August 27, 2009, as Document No. A506726. Except that part taken by the City of Chanhassen in Final Certificate filed May 31, 2013, as Document No. A577806. AND, That part of the West 271.79 feet of the North 762.28 of the Southwest Quarter of the Southwest Quarter Section 24 Township 116 Range 23, and that part of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter lying east of the West 271.79 feet thereof and westerly of the center line of Hwy 101, excepting that part of the North 330.00 feet of the East 16.00 feet of the West 271.79 feet of said Southwest Quarter of the Southwest Quarter lying south of the North 180.00 feet thereof, and that part of the South 732.28 feet of North 762.28 feet of said Southwest Quarter of the Southwest Quarter. FLUM The West 271.79 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County Minnesota EXCEPT That part of the North 330.00 feet of the East 16.00 feet of the West 271.79 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, lying South of the North 180.0 feet, Carver County, Minnesota. AND That part of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter, lying East of the West 271.79 feet thereof and Westerly of the centerline of State Highway No. 101, EXCEPT that part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West, shown as Parcel 71A on Minnesota Department of transportation Right of Way Plat Numbered 10-19 as the same Is on file and of record In the office of the County Recorder In and for Carver County, Minnesota acquired by the State of Minnesota in Document No.A406988,and EXCEPT that part taken by the City of Chanhassen In Final Certificate filed December 18, 2012, as Document No. A567969. AND That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying East of the West 271.79 feet thereof and Westerly of the centerline of State Highway No. 101, described as: That part of the North 180 feet of the East 16.00 feet of the West 287.79 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying South of the North 30.00 feet thereof, all In Carver County, Minnesota. Abstract Property. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 1 NOTARY PUBLIC FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 120 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2 , of (Name of Bank) it, b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. mm Its CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FOXWOOD DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 RIGHT TO PROCEED.................................................................................................GC-I 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 2. 3. DEVELOPMENT PLANS............................................................................................ SPA 4. IMPROVEMENTS........................................................................................................ SP -2 5. TIME OF PERFORMANCE......................................................................................... SP -2 6. SECURITY.................................................................................................................... SP -2 7. NOTICE......................................................................................................................... SP -3 8. OTHER SPECIAL CONDITIONS................................................................................ SP -3 9. GENERAL CONDITIONS........................................................................................... SP -8 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-I 2. PHASED DEVELOPMENT........................................................................................GC-I 3. PRELIMINARY PLAT STATUS................................................................................GC-I 4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-I 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING.........................................................................................GC-2 9. CLEAN UP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS.......................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOT PLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE..................................................................................................................... GC -5 20. HOUSE PADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-7 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 E. Severability.......................................................................................................GC-7 i F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. BuildingPermits...............................................................................................GC-7 Waivers/Amendments....................................................................................... GC -7 Release.............................................................................................................. GC -7 Insurance........................................................................................................... GC -7 Remedies........................................................................................................... GC -8 Assignability..................................................................................................... GC -8 ConstructionHours...........................................................................................GC-8 NoiseAmplification..........................................................................................GC-8 Access...............................................................................................................GC-8 StreetMaintenance............................................................................................GC-8 Storm Sewer Maintenance................................................................................GC-9 SoilTreatment Systems....................................................................................GC-9 Variances........................................................................................................... GC -9 Compliance with Laws, Ordinances, and Regulations.....................................GC-9 Proofof Title.....................................................................................................GC-9 SoilConditions................................................................................................GC-10 SoilCorrection................................................................................................GC-10 HaulRoutes..........................................................................................................GC-10 DevelopmentSigns..............................................................................................GC-10 ConstructionPlans............................................................................................... GC -10 As -Built Lot Surveys........................................................................................... GC -11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) FOXWOOD SPECIAL PROVISIONS AGREEMENT dated July 25, 2016 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Foxwood, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for FOXWOOD (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved July 25, 2016, prepared by Alliant Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated June 28, 2016, prepared by Alliant Engineering. Plan C: Plans and Specifications for Improvements dated June 28, 2016, prepared by Alliant Engineering. Plan D: Landscape Plan dated June 28, 2016, prepared by Alliant Engineering. SP -1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2016. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $ 2,177,546.80. The amount of the security was calculated as 110% of the following: Sanitary Sewer Water main Storm Sewer, Drainage System, including cleaning and maintenance Streets Sub -total, Construction Costs Street lights and signs (estimate 9 lights @ $1,500 and 12 signs @ $50) Engineering, surveying, and inspection (7% of construction costs) Landscaping (2% of construction costs) Sub -total, Other Costs TOTAL COST OF PUBLIC IMPROVEMENTS $ 601,800.00 $ 271,200.00 $ 243,600.00 $ 686,600.00 $1,803,200.00 $ 14,100.00 $ 126,224.00 $ 36,064.00 $176,388.00 $1,979,588.00 II SECURITY AMOUNT (110% of $1,979,588.00) $ 2,177,546.80 11 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 City may draw down the security, without notice, for SP -2 any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are 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: Bill Coffman Foxwood, LLC 1000 Boone Avenue North, Suite 400 Golden Valley, MN 55427 Phone: 612-202-0692 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES A $2,177,546.80 letter of credit or escrow for the developer -installed improvements, the $616,624.04 cash administration fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. The cash fee was calculated as follows: Administration fee (based on estimated constructionI $ 37,048.00 cost: 2.5% of $1,000,000 + 1.5% of $803,200) Escrow for future removal of temporary cul de sac and $33,750.00 future extension of "Road A" to property line Escrow for future removal of temporary lift station $10,000.00 GIS fee: 52 parcels @ $10/parcel + $25 for the plat $ 545.00 Lift Station 32 Charge: 46 units @ $1,059.24/unit $ 48,725.04 Park Dedication Fee: 46 parcels @ $5,800/parcel $ 266,800.00 Partial payment of City sewer and water hookup fees: $ 126,776.00 46 units @ $691/unit (sewer) + $2,065/unit (water) Street light operating fee: 8 lights @ $300/light $ 2,400.00 Surface Water Management Fee $ 90,580.00 Total $ 616,624.04 SP -3 B. CITY CONDITIONS OF APPROVAL 1. Building: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Buildings may be required to be designed by an architect and/or engineer as detennined by the Building Official. c. Engineered design and building permits are required for retaining walls exceeding four feet in height. d. Each lot must be provided with a separate sewer and water service. e. Demolition permits must be obtained before demolishing any structures. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. f. If applicable, existing home(s) affected by the new street will require address changes. g. Provide a 1:200 "clean" plat drawing. 2. En ing� eering: a. The 16.5' wide telephone easement through the site must be vacated before the final plat is filed at Carver County. b. The well and septic system on the property must be properly abandoned before a building permit is issued. c. Label the contours on Sheet 2 of the Existing Conditions Survey. d. Prior to commencement of site grading the grading plan must be revised so that there is at least five feet from the edge of the temporary cul-de-sac to the retaining wall. e. The developer shall dedicate an easement over the temporary cul-de-sac; the easement exhibit shall be submitted with the final plat application. f. The private street within Outlot B and must be built to a 7 -ton design. SP -4 g. Pedestrian curb ramps from the sidewalks to the street must be ADA -compliant. h. If groundwater is encountered during construction, the low floor elevation of the homes must be adjusted accordingly. i. The final plat must include an oversized drainage and utility easement at the back of Lot 1, Block 6 to encompass the drainage swale. Per Section 18-40 (4) d. 2. v. a drain tile service is required for Lots 1-4 Block 5, Lot 6 Block 5; and Lots 1-3 Block 6 as these lots are proposed to drain from the back of the lot towards the street. k. On the grading plan label the existing contours. 1. On Sheet 18 modify Note 2 to state that 10' horizontal separation is required between water and sewer lines. m. The final plat mylars must include the street names approved by the Fire Marshal. n. A guard rail must be installed at the top of the retaining wall near the temporary cul- de-sac. o. The developer shall post a $33,750 escrow to be used towards the removal of the temporary cul-de-sac at the end of Road A, extending Road A to the property line and extending the sidewalk to the property line. p. Outlot B shall be deeded to the owners of 9250 and 9350 Great Plains Boulevard. q. The developer must acquire the necessary permission for off-site work at 9350 Great Plains Boulevard before that property's driveway is realigned. r. Once the private street within Outlot B is paved with the base course the developer must remove the existing driveway from Highway 101 to 9250 and 9350 Great Plains Boulevard. s. Barricades must be installed where the sidewalk ends on the south end of Road A. t. The developer shall pay $48,725.04 for the development's portion of the cost of Lift Station 32. u. The developer must submit a $10,000 escrow with the development contract; this escrow will be used for the removal of the temporary lift station when Road A is extended and the lift station at Powers Boulevard and TH 212 is installed. SP -5 v. The City will reimburse the developer for the cost of oversizing the water main from an eight inch lateral to a 12" trunk main and for the pressure reducing valve. 3. Environmental Resources: Fire: Parks: a. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes. The fencing shall be placed fencing at the grading limits. Tree #2524 shall be included in the fencing area rather than fenced separately. These protections shall remain in effect until construction is completed. b. Signage identifying outlot natural areas will be posted at property corners and angle point on lots 1, 3-6, 8-9, 11, 17-18, block 1 and lots 1, 2, block 2 and lots 8, 9, block 3 and lot 1-2, block 4 and lots 4 and 6, block 5. These must be installed prior to selling the lot. a. A 3 -foot clear space shall be maintained around fire hydrants. b. Submit propose street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. c. Street signs (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. d. Prior to combustible construction fire hydrants shall be made serviceable. e. No burning permits will be issued for tree/brush removal. f. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. a. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. b. Dedication of an outlot adjacent to Lot 12, Block 5 and across the southern portion of Lot 5, Block 5 to accommodate future construction of a trail. c. Planning, engineering and construction of two planned 10 -foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. d. Planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian SP -6 Underpass and the northern terminus of the plat adjacent to and along Highway 101. e. Trail right of ways within the subdivision shall be provided within outlots as a condition of the plat. Acquisition of trail easements outside of the plat shall be the responsibility of the City of Chanhassen. f. The Developer shall be responsible for the installation and payment of the two planned 10 -foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. g. For those sections of the Hwy 101 trail situated north and south of their property boundaries, the Developer shall be reimbursed by the City of Chanhassen for the full cost of planning, engineering and construction of a planned 10 -foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat along Highway 101. h. For that section of the Highway 101 trail located within or adjacent to the Developer's project boundary, the applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, retaining walls and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation for the trail surface and design, and engineering and testing services for all components of the Developers section, are not reimbursable expenses. i. All trails shall be 10 feet in width, surfaced with asphalt and constructed to meet city specifications. j. The granting of a permanent 20 foot wide trail easement across the rear of lots 8 and 9, Block 3. Water Resources Coordinator: a. The wetlands cannot be used to meet rate control. Rate control must be achieved prior to discharge to any of the wetlands, MN DOT right-of-way or adjoining properties. b. The infiltration basin areas shall be protected from construction traffic and other construction related activities throughout the duration of the project. This shall be noted on the grading plan, in the SWPPP and shown with pre -construction silt fence location. SP -7 c. The infiltration areas shall be graded last. The tributary area shall be graded and stabilized prior to excavation of the infiltration basins. d. The mass grade phasing schedule shall include stripping and stockpiling of top soil material. e. The grading and erosion plan shall include stockpile locations. f. A detailed planting schedule and plan shall be included for each infiltration basin. g. The developer shall be responsible for procuring the NPDES construction permit and providing proof to the city prior to any land disturbing activities. h. The development shall meet the CUP conditions for the Bluff Creek Overlay District. i. Signage will be required at every lot corner and angle point along the private lots adjacent to the wetlands not bound by the BCOD. These must be installed prior to selling the lot. Any grading within wetland buffers must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. k. The Storm Water Utility Connection Charge due at final plat is $90,580.00. 1. The City Wetland Alteration Permit (WAP) and the State Wetland Conservation Act (WCA) replacement plan process required for this development is in process, therefore Council approval of the final plat, development contract, et cetera is conditioned upon approval of the WAP and WCA replacement plan. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. MM CITY OF CHANHASSEN (SEAL) F."101 Denny Laufenburger, Mayor Todd Gerhardt, City Manager FOXWOOD, LLC: EN STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) Tyler Wenkus, Chief Manager The foregoing instrument was acknowledged before me this day of , 2016, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by Tyler Wenkus, Chief Manager of Foxwood, LLC, a Minnesota limited liability company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP -9 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: The East Half of the East Half of the South Half of the Southeast Quarter, and the Southeast Quarter of the Northeast Quarter of the Southeast Quarter, all in Section 23, Township 116, Range 23, Carver County, Minnesota. And also that part of the North Half of the Southwest Quarter of Section 24, Township 116, Range 23, Carver County, Minnesota, lying southerly of the north 730.00 feet as measured along westerly line thereof and lying westerly of the centerline of State Highway No. 101, the centerline of which Is described as follows: Beginning at a polnt on the North line of the Southwest Quarter of Section 24, Township 116, Range 23, a distance of 632.52 feet east of the Northwest corner of said Southwest Quarter; the bearing of the North line of the Southwest Quarter Is assumed to be South 88 degrees 46 minutes 29 seconds East, thence South 4 degrees 24 minutes 47 seconds West a distance of 413.72 feet thence on a tangential curve, concave to the east having a central angle of 11 degrees 38 minutes 21 seconds and a radius of 1962.29 feet a distance of 398.62 feet, thence South 7 degrees 13 minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet thence on a tangential curve, concave to the west having a central angle of 14 degrees 29 minutes 17 seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to a polnt on the South line of the North Half of the Southwest Quarter of Sectlon 24 and there terminating said point distance 660.44 feet easterly of the Southwest corner of the North Half of the Southwest Quarter. Except that part taken by the State of Minnesota in Final Certificate filed August 27, 2009, as Document No. A506726. Except that part taken by the City of Chanhassen in Final Certificate filed May 31, 2013, as Document No. A577806. U"v That part of the West 271.79 feet of the North 762.28 of the Southwest Quarter of the Southwest Quarter Section 24 Township 116 Range 23, and that part of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter lying east of the West 271.79 feet thereof and westerly of the center line of Hwy 101, excepting that part of the North 330.00 feet of the East 16.00 feet of the West 271.79 feet of said Southwest Quarter of the Southwest Quarter lying south of the North 180.00 feet thereof, and that part of the South 732.28 feet of North 762.28 feet of said Southwest Quarter of the Southwest Quarter. ULIER The West 271.79 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County Minnesota EXCEPT That part of the North 330.00 feet of the East 16.00 feet of the West 271.79 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, lying South of the North 180.0 feet, Carver County, Minnesota. AND That part of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter, lying East of the West 271.79 feet thereof and Westerly of the centerline of State Highway No. 101, EXCEPT that part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West, shown as Parcel 71A on Minnesota Department of transportation Right of Way Plat Numbered 10-19 as the same Is on file and of record In the office of the County Recorder In and for Carver County, Minnesota acquired by the State of Minnesota In Document No.A406988,and EXCEPT that part taken by the City of Chanhassen In Final Certificate filed December 18, 2012, as Document No. A567969. That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying East of the West 271.79 feet thereof and Westerly of the centerline of State Highway No. 101, described as: That part of the North 180 feet of the East 16.00 feet of the West 287.79 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying South of the North 30.00 feet thereof, all In Carver County, Minnesota. Abstract Property. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20i, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20—, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 HUZE VOCABLE LETTER OF CREDIT No. Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, 'Drawn under Letter of Credit No. , dated 2,__, of (Name of Bank) it, b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. mm Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. 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 engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding GC -1 with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 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 and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment 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 and sediment 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 and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport 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 and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. GC -2 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 to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 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 Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2%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 and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the GC -3 escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in GC -4 the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2'/2%) of construction costs for the first $1,000,000 and one and one-half percent (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 construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control 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 21 E 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. GC -5 D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City GC -6 shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Buildina Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the 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 $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time GC -7 to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. 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. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and GC -8 maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil 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. GC -9 W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11 "x 17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Survevs. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. Rev. 3/31/06 GC -10 (reserved for recording information) GRANT OF TEMPORARY EASEMENT Foxwood, LLC, a Limited Liability company under the laws of the State of Minnesota, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described and depicted on the attached Exhibit "A" (the "Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this easement and expiring when the temporary cul-de- sac of Redtail Ridge is removed and Redtail Ridge is extended to the east outside the boundary of the Foxwood Plat, together with the right of ingress to and egress from the Easement Premises. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. 188130v1 It is understood by the Grantor that the City shall not be responsible for any restoration or replacement costs or dainages resulting from the construction and maintenance of the Easement Premises. It is further understood that vegetation may be removed and that excavation will occur on the Easement Premises. The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Easement Premises; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of , 2016. GRANTOR: By: Foxwood, LLC Name: Tyler Wenkus Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2016, by Tyler Wenkus, the Chief Manager of Foxwood, LLC, a limited liability company under the laws of the State of Minnesota, on behalf of said company. Notary Public DRAFTED BY: CAMPBELL KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 [RNK] 188130vl 2 EXHIBIT "A" 1 f ♦�� 1 � , 4 QKTER OF CIRCIE, / ----- / - --- CIRCUVFERENCE OF-- LAS£MGMT AREA SW67WW 1 52.81 / OUTLOT D ♦♦ I v ey 41 ♦ I M x � 41 I ♦ — N�41 I- I SE CCW. cK SL i/4 _ SEf. RJ A temporary easement for public right—of—way purposes over, under and across Lot 2, Block 4 and OUTLOT D. fOXW000, according to the recorded plot thereof Carver County, Minnesota lying within the circumference of a circle having a radius of 46 00 feet. The center of said circle is described as t&lows. Commencing at the suutheust corner of the Southeast Ouarter of Section 23, Township 116 North, Range 2J West, Carver County Minnesota; thence North 00 degrees 07 minutes 05 seconds West 231.28 feet on an assumed bearing along the east line of said Southeast Oua,ter; thence South 89 degrees 57 minutes 55 seconds West 52.94 feet to the center of said circle. r.ol. racrws.a ar 1'�IFI•w. ,f'S 'II 1 1 . TEMPORARY CUL -DF -SAC �OXWUOU n re. O-ANIIA95EN t.1jN%E8OIA ' -- r�ula 18s130vl 3