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Escrow Documentation Status Report 6/15/07 PLAN.OR2 PS"MTWTF:S H+t:I 1 ;t;:l~:A;:~5~::~63::14:;~ :Hl' 1 't" 18' "9" 20' 21' '22 28" 24" 25" 26" 27" 28' '29 [jQ~' 31........................ ...... Sv M W T F 234 6 7 ..8....9..'.0..'T 'ilf'14"15"'6'17"18' 20" 2'" 22" 23" 24' '25"26 27"28"29" 30" 31......, ..... .,.... ..... .............TTIJmi;! M T W F ..S. 1 "2' . 4.... 5.... 6.... 7.... 8' "'9' ""12"13'14"'5\16 18"19"20"21"22'23 25" 26' 27" 2~:: ?~::& 6/15/07 6/15/07 o Escrows fJW Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $250 (original amount $13,415.60) Recei ved 11/30/04 Check #2298 Notify Sharmeen Al-Jaff 7-6-05 Sharmeen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Sharmeen, status? Kim 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of $1,341.56 (10%). Check status on 9/22/06. Kim 8/31/06 - Per Jill okay to release $1,091.56 to leave a balance of $250. One red maple needs to be replaced. Notified Finance to issue check and return to me to send with cover letter. Check status 6/15/07. Kim 9/7/06 - Mailed letter and check. Kim 6/7/07 - Sharmeen, status? Kim Escrow released 5/8/07 Check #132863. Activity Closed. Kim @2007 Lotus Development Corp. 7/25/07 at 10:04 AM S",Slatus P",Priority Page 1 CITY OF CHANHASSEN 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: 952,227,1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227,1400 Fax: 952.227.1404 Planning & 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 WWN,ci.chanhassen.mn.us September 5, 2006 Mr. Fred Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 Re: Reduction of Landscape Escrow for The Goddard School Planning Case No. 04-32 Dear Fred: As a result of a recent inspection, the City is reducing Enclosed is a check in the amount of $1,091.56. The City is $250. This amount will be held for one year landscaping ha.. rial mus~ be replaced before the fi landscape escrow. tal being held by the date. Any dead f the escrow. Sincerely, ~~~\ Jill Sinclair Environmental R Ene. g:\plan\2004 planning SCANNED The City 01 Chanhassen . A growing community with clean lakes, Quality schools, a channing downtown, thriving busines'ses, winding trails, and beautiful parks, A great place to live, work, and play. ' ~ :;: ~ .~/:~>: :-~~(:~:~~~ ~i?~~~?~~. :\~ \- < .~..~:~...: ~~~:".:'.:~ ~"'.",:."; - .....- ... -.......::":..:- ,. _.r,' " -." , Vendor: Riese Family Properties LLC Vendor No: Riesfred Vendor Acct No: Invoice Number Date Descril'tion 04-32 09/06/2006 Partial release of security escrow, Check Date: Check Amount: 09/07/2006 $1,091;56 Invoice Amount 1,091.56 III ~ 30 50 5111 I: 0 q ~ q 0 ~ q b q I: b 0 q It q Sill SCANNED Status Report 9/22/06 plan.OR2 MTWTF~. 1 .4....5....6....'t"..1i' Jnnnr~: " 25 26 27 28 29 ............................. Securities 9/22/06 9/22/06 F Escrows iiB Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreernent $13,415,60 Received 11/30/04 Check #2298 Notify Sharmeen AI-Jaff 7 -6-05 Sharrneen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kirn 9-15-05 - Sharmeen, status? Kim . q... 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of $1141.'" (10%). Check status on 9/22/06. Kim @2006lotus Development Corp. 8/10106 at 7:58 AM S=Stalus P=Priority Pagel Status Report 9/22/06 plan.OR2 _ Securities ;"ijgj"' 9/22/06 9/22/06 F Escrows m Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2298 Notify Sharmeen AI-Jaff 7-6-05 Sharmeen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kirn 9-15-05 - Sharrneen, status? Kim '" ~ I 3LfI'" 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of U,t11.-4S (10%). Check status on 9/22/06. Kim . - ......................................................................................................................................................................................................................................................................................................... @ 2005 Lotus Development Corp. 9/21/05 at 4:20 PM S=Status P=Priority Page 1 CITY OF CHANHASSEN 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: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us September 22, 2005 Mr. Fred Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 Re: Reduction of Landscape Escrow for The Goddard School Planning Case No. 04-32 Dear Fred: The City is reducing your landscape escrow to 10% of its original vallie of $13,415.60. Enclosed is a check in the amount of $12,074.04. The new total being held by the City is $1,341.56. This amount win be held for one year from this date. Any dead landscaping material must be replaced before the final release of the escrow. If you have any questions regatdingthis issue, please contact m~. Si~:eUl~ wfur Jininclair Environmental Resources Specialist Ene. g:\plan\2004 planning cases\04-32 - the g6ddardschool\escrow reduction letter. doc The City 01 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. II- J. 2 5 5 J. J. II- I: 0 '1 J. 0 0 J. J. 5 ? I: 0 0 2 5 ? III ? ? :I J. 2 II- Status Report 9/15/05 plan.OR2 ..3....4....5....6... '0"'1T12"13"14 ;;, Ir~~::w;~~;;~~ 24 25 26 27 28 .3,........................ rJJ Securities 9/15/05 9/15/05 F Escrows !1m Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2298 fA~ ~~~ Notify Sharmeen AI-Jaff 7-6-05 Sharmeen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Sharmeen, status? Kim ;;:~:{;!~{:f~~~~~rJ:T;i~:{:; ................................................. ....... ............................................................................................................................................................................................................................................. :~:~I~~J:~~y~:~~:~~:-:~~~~~-~~:~:~~~~,E~:~:--- ~j;;i~~:~~~-~::~:::: ......................................................................................................................................................................................................................................................................................................... ~~::~~:~~~:~~:~~~~~~;:: ......................................................................................................................................................................................n................................................................................................................. :.:......::::::::::::::::::::::::::::::.::::::::::::::::::::::::::..:.:::.:.....::::.::.:::::.:.::::..::::::::::::::::::'::':::::'::::::::::::::::::::::':::~:::7:::::''::.:::::::.:::::::.::::::::::::::::::::::::::::::::::::::::::: .............................................................................................................................................................................................................................;............................................................................ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~.:::::::.::::::.::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::: ...................................n........................................................................................................................................................................................ ....................................................................... .:'::::'::'::::::::.:::':::::::::.:::::::::.':'::::::..::.:..::::.::::::..:.:..::.:..::....:....::.:::::.:::..:::.:.::....::.:::::....:.:.....:::.:.:...:::::::::::::..::.:..::::'::':'.:.::.::.:':':'::.::'::..:::.:::.'.::::::':..:'('::~1>:..:........::....:.::::::.::::::::::::.::::: .............n....................................................................... .............................n................................................................................................................................................................................... .........................................................-............................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................ _............................................................................._...................................n.................................. .........................................................................................................._..........n........................... @2005 Lotus Development Corp. 9/14/05 at 11:29 AM S=Status P=Priority Page 1 Status Report 9/15/05 plan.OR2 Jl.1ld S,< M T W ".;.j..............................!l~! <2" 3 4 5 6 7 .::.as '9c1"'0";"",'nn41 , ("Tn'S"19"20"2f_ ",,,:?~::?~::?(~t:~~;1 :3(ljf31 ,," W T F :I/S, 1 2 3 4//S,: :C:~::::~::)~::XX;j~ 14 15 16 17 18N~\l. "..,,~x;;~~:;~n(~~:~ 27,I:! 28 29 30 31"" ;~Hi~i"""""""""'''''''''''' ,) J>i S..MTWTF~': ;~J:~;:;:~::::~:::LJ;II~ 1:0111 12 13 14 15 ;16 ;~~~:xn:~;:~~:;~X;;??:F' l?!!t125 26 27 28 29 .................."........... Securities 9/15/05 9/15/05 F Escrows fJW Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2298 Notify Sharmeen AI.Jaff 7-6-05 Sharmeen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim @2005 Lotus Development Corp. 7/28/05 at 2:32 PM S=Status P=Priority Page 1 Status Report 6/15/05 plan.OR2 Securities 6/15/05 6/15/05 F Escrows fJW Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2298 Notify Sharmeen AI-Jaff @2004 Lotus Development Corp. 1211/04 at 8:12 AM S=Stalus P=Priority Page 1 CITY OF CHANHASSEN 7']00 MARKET BLVD CHANHASSEN Payee: FRED RIESE Date: 11/30/2004 Receipt Number: DW Clerk: DANIELLE SECURITY ESCROW GODDARD SCHOOL #04-32 ITEM REFERENCE ESCRW SECURITY ESCROW SECURITY Total: Check 2298 Change: MN 55317 Time: 12:02pm / 5675 AMOUNT 13,415.60 13,415.60 13,415.60 0.00 THANK YOU FOR YOUR PAYMENT! ., SCANNED , ~ CITY OF CHANHASSEN SITE PLAN PERMIT #04-32 SPECIAL PROVISIONS AGREEMENT dated October 11, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and FRED C. RIESE AND V ALAIRE P. RIESE, husband and wife (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan to construct an 8,068 square-foot building - The Goddard School (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Old Village Hall. 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 (TI.I) - Title Sheet dated received September 30,2004, prepared by Broad Ripple Design Assoc. lLC and John Oliver & Associates, Inc. Plan B (C1.I) - Existing Conditions and Removals dated received September 30, 2004, prepared by John Oliver & Associates, Inc. 1 Plan C (C2.1) - Site Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan D (C3.1) - Erosion Control & Grading Plan dated received September 30,2004, prepared by John Oliver & Associates, Inc. Plan E (C4.1) - Utility Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan F (CS.l) - Site Lighting Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan G (C6.1) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan H (C6.2) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan I (L1.I) - Landscape Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan J (A1.I) - Floor Plan dated received September 30, 2004. Plan K (A2.1) - Exterior Elevations dated received September 30,2004, prepared by Broad Ripple Design Associates, LLC. Plan L (A2.2) - Enlarged Entry Elevations dated received September 30, 2004. Plan M (A3.1) - Building Cross Section dated received September 30, 2004. Plan N (A3.2) - Wall Sections dated received September 30,2004. Plan 0 (AS.I) - Roof Plan & Roof Details dated received September 30,2004. Plan P (A9.1) - Fixture Plan dated received September 30,2004. Plan Q (AIO.I) - Building Data Plan dated received September 30, 2004. 2 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 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 $13,415.60 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement. 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 certified mail at the following address: Mr. Fred C. Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 (952) 233-1633 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. 7. Other Special Conditions. On October 11, 2004, the City Council adopted the following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to house a school as shown on the plans dated received September 3, 2004, subject to the following conditions: A. Applicant shall preserve all existing trees south of the grading limits and outside of the property lines. Any trees removed will be replaced at a rate of 2: 1 diameter inches. 3 B. Applicant shall move the red maple shown in the southeastern corner of the site to a location within the grading limits. A revised landscape plan shall be submitted to the city. C. Permits from the appropriate regulatory agencies will have to be obtained including but not limited to the MPCA and Watershed District. D. Add detail sheet showing City Detail Plate Nos. 1002, 1006,2001,3101,3102,5201, 5203, 5214 and 5300. E. Sanitary sewer and water hookup charges are applicable for the new building. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. F. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. G. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota and require a permit from the Building Department. A 4-foot safety fence must be included on top of the wall where adjacent to a pedestrian walkway. H. On the site plan, revise the handicap parking stall from 9-inch to 9-feet. I. On the utility plan: - Revise the sanitary sewer pipe class from SDR35 to SDR26. - Revise the watermain pipe from CL55 to CL52. J. Show all existing easements on the plans. K. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the FFE of the building and the emergency overflow elevations of the side yard areas. L. Storm sewer sizing calculations for a lO-year storm event must be submitted prior to building permit approval M. Tree protection fencing must be installed around all trees in the construction zone that will remain. N. All roof top equipment shall be screened. O. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 4 P. Fire Marshal Conditions: 1. The building will be built to the 2000 International Fire Code as adopted by the State of Minnesota not the NFPA 101 2000 Life Safety Code. 2. Builder must comply with the following Chanhassen Fire Department/Fire Prevention policies (copies enclosed): . 01-1990 regarding fire alarm systems . 04-1991 regarding notes to be included on all site plans . 07-1991 regarding pre-fire plan drawings. . 29-1992 regarding premise identification . 36-1994 regarding proper water line sizing . 40-1995 regarding fire protection systems . 34-1993 regarding water service installation 3. The 4-inch ductal iron pipe as shown on page C4-1 should be no smaller than 6- inch per NFPA 13 Sect. 9-1.3. Q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The accessible parking spaces must be located on the shortest possible route to the buildings served. 4. Roof drain piping must be air tested within 10 feet of the building. 5. Detailed occupancy related requirements will not be reviewed until complete plans are submitted for a building permit. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. R. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. No neon or high intensity lighting will be allowed." 8. General Conditions. The general conditions of this Permit are attached as Exhibit liB II and incorporated herein. 5 CITY OF CHANHASSEN BY: Tom Furlong, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 2004, by Tom Furlong, 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 DEVELOPER: BY: Its STATEOFMINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2004 by NOTARY PUBLIC 6 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 ,2004 By Its ST ATE OF NIINNESOT A ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2004 , by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" 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 D, 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 8 shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule 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 9 the City and its officers and employees for all costs, damages, or expenses, which the City may payor 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. 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 othetwise 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. 10 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. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building pennit 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. 11 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. 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/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. L. Compliance 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 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. 12 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 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\04-32 - the goddard school\spa.doc 13