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CAS-15_STONE CREEK TOWN OFFICES (4)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 Park & Recreation Phone. 952.221.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227 1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us June 3, 2005 Community Bank: Chanhassen Office Attn: Bill Traxler 455 Pond Promenade P.O. Box 1177 Chanhassen, MN 55317 Re: Legal Description: Lots 1-26 inclusive, Block 1, Stone Creek Town Office Condos To whom it may concern: This office has been requested to confirm certain facts and circumstances concerning the current zoning and land use status of the above referenced property: The above referenced property is located within the corporate limits of the City of Chanhassen, Carver County, Minnesota. Accordingly, the property is under the jurisdiction and is required to comply with the building codes, ordinances and regulations of the City of Chanhassen, Carver County, Minnesota. 2. The property currently is located in a district with zoning classification of Planned Unit Development, PUD, and a comprehensive plan designation of Office/Industrial and Parks/Open Space. The zoning classification is consistent with the comprehensive plan designation. The use of the property for office condos is a permitted use under the aforesaid zoning classification and is consistent with the aforesaid comprehensive plan designation. 4. The property complies with the above stated current zoning classification and all current zoning requirements and regulations applicable thereto, and also complies with the above stated comprehensive plan designations and all requirements applicable thereto. 5. Any future amendments to the zoning ordinance or development approvals applicable to the property must be consistent with the aforesaid comprehensive plan designation. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding bails, and beautiful parks. A gnat placeto live, work, and play. Community Bank June 3, 2005 Page 2 6. All utility services are available to the property including water, sanitary sewer, storm water, electric, gas, and electric. 7. The property complies with all applicable subdivision and platting requirements and may be sold as a separate parcel. Please find enclosed flood zone information. Should additional information be required of this office concerning the property, you may contact the undersigned. Sincerely, jo h Metzer Planner I Enclosures gAplan\jm\zoning ItrAstone creek town officmAm T • Documents. OFFICE OF THE A402263 COUNTY RECORDER IIilllllllllllll CARVER COUNTY, Fee. heck1Ililllilllllllil Certfited Recorded on 11-29-2004 at 11:30 PAM ❑ PM 2004-11-29IIIIIIIIIIIIIIIIIIIIIIIIIIIINI�Cari County R n er r 1111111 llill IIIN Iilll IiN CITY OF CHANHASSEN SITE PLAN PERMIT #2004-15 STONE CREEK TOWN OFFICES SPECIAL PROVISIONS AGREEMENT dated May 23, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Stone Creek Office Group, LLC (the 'Developer'). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for the construction of 5 three -unit and 2 five -unit office buildings (referred to in this Permit as the "project'). The land is legally described as Lots 1-26, Block 1, and Outlots A and B, Stone Creek Town Offices. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Stone Creek Town Offices Cover Sheet, dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan B: Final Plat Signature Sheet, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc. 1 0 0 Plan C: Preliminary Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc. Plan D: Final Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc. Plan E: Preliminary Grading, Drainage, and Erosion Control Plan, received April 13, 2004, prepared by Plowe Engineering, Inc. Plan F: Preliminary Utility Plan, received April 13, 2004, prepared by Plowe Engineering, Inc. Plan G: Architectural Site Plan dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan H: Landscape Plan dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan I: Landscape, Signage & Trash Enclosure Details dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan J: Site Photometric Plan dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan K: Triple 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan L: Triple 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan M: Five 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan N: Five 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan O: Five 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan P: Triple 48'-0" Slab on Grade Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan Q: Triple 48'-0" Slab on Grade Elevations dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 15, 2005. The Developer may, however, request an extension of time from the 2 y � • E City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $63,800 (Landscaping). This amount has been calculated at a rate of 110% of the actual value of improvement and has been furnished with the Development Contract. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mark Undestad Stone Creek Office Group, LLC 8156 Mallory Court Chanhassen, MN 55317 (952) 361-0722 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On May 24, 2004, the City Council approved Site Planning Case 0415 for Stone Creek Town Offices as shown on the plans received April 13, 2004, subject to the following conditions: A. Environmental Resources Specialist Conditions: 1. Applicant shall increase landscape plantings in bufferyards to meet minimum requirements. A revised landscape plan shall be submitted before final approval. 2. Applicant shall plant a minimum of 36 overstory trees in the parking lot to meet minimum requirements. 3. Norway maple shall be replaced by a more suitable tree selection. 3 0 0 B. Building Official Conditions: 1. Buildings (units) over 2000 sq. ft. in gross floor area are required to be protected with automatic fire sprinklers. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. An accessible route must be provided from the accessible parking spaces to the entrances of all units. The maximum slope of the accessible route is 1/20. 4. Separate water, sewer and fire protection services must be provided for each piece of property. 5. Exterior walls less than ten (10) feet from property lines must be of fine -resistive rated construction in accordance with IBC Chapter 6 and terminate in accordance with BBC Chapter 7. 6. Separate male and female restrooms must be provided in each unit with an occupant load greater than 15, as determined by IBC Table 1003.2.2.2. 7. Detailed construction and occupancy related requirements cannot be reviewed until complete plans are submitted. 8. The owner and or their representative shall meet with the Inspections Division as soon as possible to begin the preliminary plan review process discuss permit procedures. C. On the site plan: 1. Revise the scale from 1 "=20' to 1"=40'. 2. Show the existing and proposed trail/sidewalk adjacent to the site. 3. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac radius, curb return radii, stall lengths/widths, etc. D. No direct access to Highway 5 is allowed. E. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: _Type of Sloe Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. F. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 0 9 G. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. H. Each site shall provide areas for bicycle parking and storage. I. The applicant shall provide a second trash enclosure area south of Lot 5 and relocate the proposed trash enclosure to the south of Lot 18. J. Fire Marshal conditions: 1. A 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to insure fine hydrants and be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 2. Three additional fire hydrants will be required. Install 1 southwest of lot 11 in the parking island. Install 1 southeast of lot 6 in the parking island. Install 1 in the island between lots 20 and 21 on the south side on the building. If necessary, please contact the Chanhassen Fire Marshal for the exact location. Fire Lane signs and yellow curbing will be required. Contact the Fire Marshal for exact location of signs and curbs to be painted. K. Extend the sidewalks and relocate accessible parking access aisle as shown in attachment 1. L. The applicant to work with staff to provide a walk on the south end skirting the parking lot and over to the cul-de-sac, then loop around the cul-de-sac to the north to connect up with the existing trail system. M. Relocate the trash enclosure and add another one as indicated by staff. Duplicates condition #9. N. If entrances are granted on both sides of the southern buildings, there should be a walk on the north side of the building. O. The applicant will work with staff and MnDot to provide additional screening and berming along Highway 5. P. Turning radiuses on the site shall accommodate fire fighting vehicles. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. &I (SEAL) STATE OF MINNESOTA ) (as COUNTY OF CARVER ) 0 CITY OF CHANHASSEN n Mayor Manager The foregoing instrument was acknowledged before me thi&rdday of K, 2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporpon and pursuant to the authority granted by its City Council. ,AAAAMAAAAAA NOTAR PUBLI KIN :NEUWISSEN , Noi^,n �u„a. Minnesota My Ca,;i, DEVELOPER:vvvvvvvvvvwsU1 BY: Y ° �°�^ G -+ Q�� G.� uC Its STATE OF MINNESOTA ) COUNTY OF LjY (ss1 The foregoing instrument was acknowledged before me this ST day of lac.' -BE-e- 2004 BE-e .2004 by NiLIYJ�-- UyA&Sk-liCj ARY nnnnn KIM T. MEUWISSEN NotMPublic- Minnesota CARVER COUNTY My Canm u on Fxp res 1 id112005 vvvNvvvM!v�/M 0 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, 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 ow ta'litn. 2004 STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this) qday of, 2004 by DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 -AA U%, - KAREN d. ENGELHAROT N0' PUblic Minnesota My Commission Expires 1131[1005 VVNVVVVVVVVVVVVVVVV CITY OF CHANHASSEN SITE PLAN PERMIT II. GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct 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 site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. 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 site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with H the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. 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. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. 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 site plan 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 attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. 0 C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. 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. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy 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 Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 10 F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 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. Recordin¢. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. I1 K. 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 fust provided; the two soil treatment sites identified during the site plan 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 rreed to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Re ations. In the development of the site plan 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; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. 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 12 ,Ift 0 n U any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. 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. g:\plan\2004 planning cases\04-15 - stone creek town offices\site plan agreement.doc 13 Building Inspections 0 0 Phone: 952.227.11 BO December 30, 2004 CITY OF the following motion: CHONSEN "The City Council approves the final plat for Planning Case 04-15 for Stone Creek 7700 Markel Boulevard Mr. Mark Undestad Po Box 147 Eden Trace Corp/Stone Creek Office Group LLC Chanhassen, MN 55317 8156 Mallory Court Administration Chanhassen, MN 55317 Phone: 952.227.1100 1. The total SWMP fee, due payable to the City at the time of final plat Fax: 952.227.1110 Dear Mr. Undestad: Building Inspections Phone: 952.227.11 BO This letter is to formally notify you that on June 1, 2004, the City Council adopted Fax: 952.727.1190 the following motion: Engineering Phone: 952.227.1160 "The City Council approves the final plat for Planning Case 04-15 for Stone Creek Fax: 952.227.1170 Town Offices as shown on the plans received May 24, 2004, subject to the following conditions: Finance Phone: 952.227.1140 Fax: 952.227.1110 1. The total SWMP fee, due payable to the City at the time of final plat recording, is $64,268. Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 2. A park fee of $94,010 shall be paid for the 13.43 acres at the time of the Recreation Center replat. 2310 Coulter Boulevard PhonFax. 952.227.1404 Fax: 952.227.1404 3. Submit a private cross -access and cross -parking easement against all lots P P g g at time of final plat recording. Cross -access easements for the shared Planning a driveway accesses must be obtained and recorded against all lots. Natural Resources Phone. 952.227.1130 Fax: 952.227.1110 4. Staff recommends that Type H silt fence be used adjacent to the storm pond and the creek. Public Worts 1591 Park Road Phone: 9522271300 5. Any off-site grading will require easements from the appropriate Fax: 952.227.1310 property owner. Senior Center Phone: 952.227.1125 6. Installation of the private utilities for the site will require permits and P � �l � Fax:952.227.1110 inspections through the City's Building Department. Web She asse www.ci.chanhassen.mn.us 7. The site has previously been assessed for utility and street improvements. P Y Y P The remaining assessment due and payable to the City is $103,521.12. This assessment may be respread against the newly platted lots on a per - area basis or paid at the time of final platting. Sanitary sewer and water hookup charges will also be applicable for the new lots. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for watermain. The hookup charges are based on the number of SAC The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A gFeat place to live, work, and play. Mr. Mark Undestad • Stone Creek Town Offices, Planning Case 04-15 December 30, 2004 Page 2 units assigned by the Met Council for the new lots. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 8. All of the public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the public utilities will be turned over to the City for maintenance and ownership. The applicant is required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that public utility improvements will require a preconstruction meeting before building permit issuance. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, and the Watershed District. 9. On the utility plan: a. Show the existing and proposed utility easements. b. Add a note, "Any connection to existing structures must be core drilled." c. Remove the existing 24 -inch storm stub to the north and bulkhead the invert at the manhole. 10. On the grading plan: a. Show all existing and proposed easements. b. Show a minimum 75 -foot rock construction entrance. c. Revise the side slope to 3:1 maximum along the northeast side of the parking lot and at the southeasterly comer of Lot 25. 11. The 8 -inch water and sewer mains will be considered public utility lines since they serve multiple lots. As such, minimum 30 -foot wide public easements will be required over the portion of the public utility lines that are outside of the right-of-way. 12. The Stone Creek Drive cul-de-sac must be built with a 48 -foot radius and B-618 concrete curb and gutter. 13. The private street must be built to a 9 -ton design, paved to a 26 -foot width, and contained within a 40 -foot private easement. The developer Mr. Mark Dndestad Stone Creek Town Offices, Planning Case 04-I5 December 30, 2004 Page 3 will be required to submit certification reports from a soil testing company which show that the private street was built to these standards. 14. Lot 26 may be used for parking purposes only. 15. The applicant shall execute a cross -parking agreement with the Family of Christ Lutheran Church which shall encompass the 60 parking spaces shown in Attachment L" If you have any questions, please call me at (952) 227-1134 or e-mail me at saliaff @ci.chanhassen.mn.us Sharmeen Al-Jaff Senior Planner c: Matt Saam, Assistant City Engineer Steve Torell, Building Official 9.Nplant2004 planning cases\04-15 — Stone Creek Touv Offices/letter of approval final plat.doc 7. Staff recommends that type II silt fence be used adjacent to the storm pond and the creek. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 0 December 30, 2004 CITY OF CIIANNSEN 7700 Markel Boulevard Mr. Mark Undestad PO Box 147 Eden Trace Corp/Stone Creek Office Group LLC Chanhassen, MN 55317 8156 Mallory Court Administration Chanhassen, MN 55317 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mr. Undestad: Building Inspections Phone: 952.227.1180 This letter is to confirm that on May 24, 2004, the City Council adopted the Fax 952227.1192 following: Engineering Phone: 952.227.1160 Preliminary Plat Fax: 952 227.1170 The City Council approves the preliminary plat for Planning Case 04-15 for Stone Finance Phone: 952.227.1140 Creek Town Offices as shown on the plans received April 13, 2004, subject to the Fax: 952.227.1110 following conditions: Phot 8 52.227.1120 Phone: 952.221.1120 1. The total SWMP fee, due and payable to the Cit at the time of final plat P Y Y Fax: 952.227.1110 recording, is $64,268. Recreation Center 2310 Coulter Boulevard 2. A park fee of $94,010 shall be paid for the 13.43 acres at the time of the Phone: 952.227.1400 replat. tat. Fax: 952.227.1404 Planning & 3. Submit a private cross -access and cross -parking easement against all lots Natural Resources Phone: 952.227.1113030 at time of final plat recording. Cross -access easements for the shared Fax: 952.2271110 driveway accesses must be obtained and recorded against all lots. Public Works 4. Add the following City of Chanhassen Detail Plate Nos. 1004, 1005, 1591 Park Road Phone: 952.227.1300 1006, 2001, 2101, 2103, 2201, 2204, 3101, 3102, 5201, 5203, 5207, Fax: 952.227.1310 5214, 5215, 5216, 5300 and 5302. Senior Cerner Phone: 952.227-1125 5. Prior to final platapproval, a professional civil engineer registered in the Fax: 952.227.1110 State of Minnesota must sign all plans. te Web asse www.ci.chanhassen.mn.us 6. Prior to final platting, storm sewer design data will need to be submitted P g� gn for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 7. Staff recommends that type II silt fence be used adjacent to the storm pond and the creek. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Mark Undestad • Stone Creek Town Offices, Planning Case 04-15 December 30, 2004 Page 2 8. Any off-site grading will require easements from the appropriate property owner. 9. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 10. The site has previously been assessed for utility and street improvements. The remaining assessment due and payable to the City is $103,521.12. This assessment may be re -spread against the newly platted lots on a per - area basis or paid at the time of final platting. Sanitary sewer and water hookup charges will also be applicable for the new lots. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water -main. The hookup charges are based on the number of SAC units assigned by the Met Council for the new lots. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance. 11. All of the public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the public utilities will be turned over to the City for maintenance and ownership. The applicant is required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that public utility improvements will require a preconstruction meeting before building permit issuance. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, and the Watershed District. 12. On the utility plan: a. Show the existing and proposed utility easements. b. Add a storm sewer schedule. c. Revise the Sewer Note No. 1 to be, "All sanitary services shall be 6" PVC SDR26." d. Add a note, "any connection to existing structures must be core drilled." e. Remove the existing 24 -inch storm stub to the north and bulkhead the invert at the manhole. f. Delete the sanitary sewer connection at the southwest corner of the site and utilize the existing sanitary stub in the cul-de-sac. Mr. MarkIndestad • Stone Creek Town Offices, Planning Case 04-15 December 30, 2004 Page 3 g. Revise the proposed storm sewer within the cul-de-sac from a 12 - inch to a 15 -inch pipe. 13. On the grading plan: a. Show all existing and proposed easements. b. Show the benchmark used for the site survey. c. Show a minimum 75 -foot rock construction entrance. d. Revise the side slope to 3:1 maximum along the northeast side of the parking lot and at the southeasterly corner of Lot 25. 14. The 8 -inch water and sewer mains will be considered public utility lines since they serve multiple lots. As such, minimum 30 -foot wide public easements will be required over the portion of the public utility lines that are outside of the right-of-way. 15. The Stone Creek Drive cul-de-sac must be built with a 48 -foot radius and B-618 concrete curb and gutter. 16. The private street must be built to a 9 -ton design, paved to a 26 -foot width, and contained within a 40 -foot private easement. The developer will be required to submit certification reports from a soil testing company which show that the private street was built to these standards. 17. Lot 26 may be used for parking purposed only. 18. The applicant shall execute a cross parking agreement with the Family of Christ Lutheran Church which shall encompass the 60 parking spaces shown in attachment 7. 19. The applicant shall execute a cross parking agreement with the Family of Christ Lutheran Church which shall encompass the 60 parking spaces shown in attachment 6." Site Plan The City Council approves Site Plan Case 0415 for Stone Creek Town Offices as shown on the plans received April 13, 2004, subject to the following conditions 1. Environmental Resources Specialist Conditions: Mr. Mark9ndestad • Stone Creek Town Offices, Planning Case 04-15 December 30, 2004 Page 4 a. Applicant shall increase landscape plantings in bufferyards to meet minimum requirements. A revised landscape plan shall be submitted before final approval. b. Applicant shall plant a minimum of 36 overstory trees in the parking lot to meet minimum requirements. c. Norway maple shall be replaced by a more suitable tree selection. 2. Building Official Conditions: a. Buildings (units) over 2000 sq. ft. in gross floor area are required to be protected with automatic fire sprinklers. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. An accessible route must be provided from the accessible parking spaces to the entrances of all units. The maximum slope of the accessible route is 1/20. d. Separate water, sewer and fire protection services must be provided for each piece of property. e. Exterior walls less than ten (10) feet from property lines must be of fire -resistive rated construction in accordance with IBC Chapter 6 and terminate in accordance with IBC Chapter 7. f. Separate male and female restrooms must be provided in each unit with an occupant load greater than 15, as determined by IBC Table 1003.2.2.2. g. Detailed construction and occupancy related requirements cannot be reviewed until complete plans are submitted. h. The owner and/or their representative shall meet with the Inspections Division as soon as possible to begin the preliminary plan review process and discuss permit procedures. 3. On the site plan: a. Revise the scale from 1"=20' to I"=40'. b. Show the existing and proposed trail/sidewalk adjacent to the site. c. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac radius, curb return radii, stall lengths/widths, etc. 4. No direct access to Highway 5 is allowed. 5. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Mr. MarkIndestad • Stone Creek Town Offices, Planning Case 04-15 December 30, 2004 Page 5 ape of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water. 6. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 8. Each site shall provide areas for bicycle parking and storage. 9. The applicant shall provide a second trash enclosure area south of Lot 5 and relocate the proposed trash enclosure to the south of Lot 18. 10. Fire Marshal conditions: a. A 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Three additional fire hydrants will be required. Install 1 southwest of Lot 11 in the parking island. Install 1 southeast of Lot 6 in the parking island. Install 1 in the island between Lots 20 and 21 on the south side on the building. If necessary, please contact the Chanhassen Fire Marshal for the exact location. Fire Lane signs and yellow curbing will be required. Contact the Fire Marshal for exact location of signs and curbs to be painted. Mr. MarkIndestad 0 Stone Creek Town Offices, Planning Case 04-15 December 30, 2004 Page 6 11. Extend the sidewalks and relocate accessible parking access aisle as shown in attachment 1. 12. The applicant must work with staff to provide a walk on the south end skirting the parking lot and over to the cul-de-sac, then loop around the cul-de-sac to the north to connect up with the existing trail system. 13. Relocate the trash enclosure and add another one as indicated by staff. Duplicates condition #9. 14. If entrances are granted on both sides of the southern buildings, there should be a walk on the north side of the building. 15. The applicant will work with staff and MnDOT to provide additional screening and berming along Highway 5. 16. Turning radiuses on the site shall accommodate fire fighting vehicles. If you have any questions, please feel free to contact me at (952) 227-1134. Sincerely, Sharmeen Al-Jaff Senior Planner c: Matt Saam, Assistant City Engineer Steve Torell, Building Official gAplan\2004 planning cases\04-15 - stone creek town offices\approval letter.doe CITY OF CHANHAREN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OARANSMITTAL 10/18/04 Sue Nelson RE: Document F ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/23/04 04-15 Site Plan Permit #2004-15 - Lots 1-26, Block 1 and Outlots A & B, Stone Creek Town Offices ❑ FORBIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Mark Undestad, Stone Creek Office Group, LLC copies for approval copies for distribution corrected prints W j SIGNED: v "l Kim Meuwissen, (9 7-1107 If enclosures are not as noted, kindly notify us at once. SCANNED 0 0 CITY OF CHANHASSEN SITE PLAN PERMIT #2004-15 STONE CREEK TOWN OFFICES SPECIAL PROVISIONS AGREEMENT dated May 23, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Stone Creek Office Group, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for the construction of 5 three -unit and 2 five -unit office buildings (referred to in this Permit as the "project'). The land is legally described as Lots 1-26, Block 1, and Outlots A and B, Stone Creek Town Offices. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Stone Creek Town Offices Cover Sheet, dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan B: Final Plat Signature Sheet, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc. I Plan C: Preliminary Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc. Plan D: Final Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc. Plan E: Preliminary Grading, Drainage, and Erosion Control Plan, received April 13, 2004, prepared by Plowe Engineering, Inc. Plan F: Preliminary Utility Plan, received April 13, 2004, prepared by Plowe Engineering, Inc. Plan G: Architectural Site Plan dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan H: Landscape Plan dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan I: Landscape, Signage & Trash Enclosure Details dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan J: Site Photometric Plan dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan K: Triple 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan L: Triple 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan M: Five 48'4' Walk Out Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan N: Five 48'4' Walk Out Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan O: Five 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan P: Triple 48'-0" Slab on Grade Plans dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. Plan Q: Triple 48'-0" Slab on Grade Elevations dated received April 13, 2004, prepared by Mohagen Hansen Architectural Group. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 15, 2005. The Developer may, however, request an extension of time from the 2 9 0 City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $63,800 (Landscaping). This amount has been calculated at a rate of 110% of the actual value of improvement and has been furnished with the Development Contract. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mark Undestad Stone Creek Office Group, LLC 8156 Mallory Court Chanhassen, MN 55317 (952) 361-0722 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On May 24, 2004, the City Council approved Site Planning Case 04-15 for Stone Creek Town Offices as shown on the plans received April 13, 2004, subject to the following conditions: A. Environmental Resources Specialist Conditions: 1. Applicant shall increase landscape plantings in bufferyards to meet minimum requirements. A revised landscape plan shall be submitted before final approval. 2. Applicant shall plant a minimum of 36 overstory trees in the parking lot to meet minimum requirements. 3. Norway maple shall be replaced by a more suitable tree selection. 3 0 0 B. Building Official Conditions: 1. Buildings (units) over 2000 sq. ft. in gross floor area are required to be protected with automatic fire sprinklers. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. An accessible route must be provided from the accessible parking spaces to the entrances of all units. The maximum slope of the accessible route is 1/20. 4. Separate water, sewer and fire protection services must be provided for each piece of property. 5. Exterior walls less than ten (10) feet from property lines must be of fire -resistive rated construction in accordance with IBC Chapter 6 and terminate in accordance with IBC Chapter 7. 6. Separate male and female restrooms must be provided in each unit with an occupant load greater than 15, as determined by IBC Table 1003.2.2.2. 7. Detailed construction and occupancy related requirements cannot be reviewed until complete plans are submitted. 8. The owner and or their representative shall meet with the Inspections Division as soon as possible to begin the preliminary plan review process discuss permit procedures. C. On the site plan: 1. Revise the scale from 1"=20' to 1"=40'. 2. Show the existing and proposed trail/sidewalk adjacent to the site. 3. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac radius, curb return radii, stall lengths/widths, etc. D. No direct access to Highway 5 is allowed. E. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. F. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 4 0 0 G. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. H. Each site shall provide areas for bicycle parking and storage. I. The applicant shall provide a second trash enclosure area south of Lot 5 and relocate the proposed trash enclosure to the south of Lot 18. J. Fire Marshal conditions: 1. A 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to insure fire hydrants and be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 2. Three additional fire hydrants will be required. Install 1 southwest of lot 11 in the parking island. Install 1 southeast of lot 6 in the parking island. Install 1 in the island between lots 20 and 21 on the south side on the building. If necessary, please contact the Chanhassen Fire Marshal for the exact location. Fire Lane signs and yellow curbing will be required. Contact the Fire Marshal for exact location of signs and curbs to be painted. K Extend the sidewalks and relocate accessible parking access aisle as shown in attachment 1. L. The applicant to work with staff to provide a walk on the south end skirting the parking lot and over to the cul-de-sac, then loop around the cul-de-sac to the north to connect up with the existing trail system. M. Relocate the trash enclosure and add another one as indicated by staff. Duplicates condition #9. N. If entrances are granted on both sides of the southern buildings, there should be a walk on the north side of the building. O. The applicant will work with staff and MnDot to provide additional screening and berming along Highway 5. P. Turning radiuses on the site shall accommodate fire fighting vehicles. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 0 0 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN Mayor Manager The foregoing instrument was acknowledged before me thisiday ofCk }aoY, 2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corpor tion and pursuant to the authority granted by its City Council. .,AAAAAAAAAA NOTAR PUBL KIND � MEUWISSEN No4 n ru i t. Minnesohd G..:1r}, COUNTY My Comc:Ja 5�::_s 1131/2005 DEVELOPER: VVVVVVVWVVVVVW Its Fad STATE OF MINNESOTA ) COUNTY OF rA (as) The foregoing mstrimment was acknowledged before me this Ix day of 2004 by KIM T. MEUWISSEN NotaryPubliic- Minnesota CARVER COUNTY a, MyCanmissimExores1/31/2005 vvvvvvvvvvwv 0 CONSENT 0 Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, 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 I day of 0 '2004 STATE OF MINNESOTA ) /� � (ss COUNTY OF l:G/t,IA ) The foregoing instrument was acknowledged before me this I qday of , 2004 by I103i7.1Y�71'� City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 KAREN J. EN6ELHARDT Notary Public Minnesota Lqmy Commission Expires 113112005 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITIONS Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct 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 site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. 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 site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with H the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. 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. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. 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 site plan 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. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. 9 • 0 C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. 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. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed fiom the subject property within thirty (30) days following the issuance of a certificate of occupancy 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 Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 10 F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 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. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. 11 0 r K. 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 site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturba#tce of these sites shall render them as unacceptable and replacement sites will tried to be located for each violated site in order to obtain a building permit L. Co liance with Laws,. Ordinances, and Regulations. In the development of the site plan 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; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall fiunish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. 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 finther 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 12 0 0 any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. 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. gAplan\2004 planning cases\04-15 - stone creek town offices\site plan agreement.doc 13