Final Plat Approval Letter 10-2-12October 2, 2012
Mr. Michael Roebuck
Ron Clark Construction & Design
CITY OF
CIff (� 7500 West 78` Street
CHMNSFN Edina, MN 55439
7700 Market Boulevard Re: Lakeside Seventh Addition Final Plat —Planning Case #2012 -11
PO Box 147
Chanhassen, MN 55317 Dear Mr Roebuck:
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
This letter is to confirm that on September 24, 2012, the Chanhassen City Council
approved the following:
A. Planned Unit Development — Residential Amendment revising sections b and
c of the zoning standards as follows:
b. Permitted Uses
The permitted uses in this zone shall be twin homes, townhouses ands
condominium buildings and their ancillary uses. if the is ^ question as
th ; ftter - r-etatio,,. The type of uses to be provided on common areas shall
be low- intensity neighborhood- oriented accessory structures to meet daily
needs of residents. Such uses may include a bus shelter, community
building, development signage, fountain, garden, gazebo, maintenance shed,
picnic shelter, pool, playground equipment or tennis courts.
C. Setbacks
Recreation Center The PUD ordinance requires setbacks from roadways and exterior property
2310 Coulter Boulevard lines. The following table displays those setbacks.
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
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
* Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard.
** The entire development, including the public and private streets and Outlots, may not exceed 50
percent hard coverage. Individual lots will exceed the 50 percent site coverage.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Setback Standards
Highway 212
-58 20 feet
East(Perimeter) Lot Line
50 feet - townhouses;
30 feet - twin homes;
Building Height of the
Condominiums with a
minimum of 30 feet
Lyman Boulevard
30 feet
West(Perimeter) Lot Line
50 feet
Twin Home separation between buildings
15 feet
Townhouse separation between buildings
15 feet
Minimum Driveway length (to back of curb, trail or
sidewalk)
25 feet
Hard Surface Coverage
50%**
Wetland: Buffer and buffer setback
20 feet and 30 feet
Lake Riley
75 feet
* Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard.
** The entire development, including the public and private streets and Outlots, may not exceed 50
percent hard coverage. Individual lots will exceed the 50 percent site coverage.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Michael Roebuck
October 2, 2012
Page 2
B. Preliminary Plat
Creating 17 lots and 7 outlots, plans prepared by Pioneer Engineering, dated 08 -03-
12, subject to the following conditions:
En _ ing eering Conditions:
1. The developer must provide staff with the estimated amount of material that will
be hauled off of and onto the site, the schedule for the hauling, and the haul
route.
2. The grading plan must be revised such that the grades do not exceed 3:1.
3. The grading for the proposed sidewalk connection from Lake Riley Drive to the
regional trail in Eden Prairie must be revised to reduce /eliminate the retaining
wall and eliminate the drainage directed to the side of the unit on Lot 7, Block 4.
4. The lowest openings for Lots 1 through 3, Block 3 must be a minimum of
18 inches above the emergency overflow.
5. If retaining walls are necessary along the sidewalk, fencing may be required.
6. Building permits are required for all retaining walls four feet tall or higher and
must be designed by a Structural Engineer registered in the State of Minnesota.
7. The watermain within Driveway A and Driveway B shall be extended to the
north end of these private streets with hydrants installed at the end.
8. Each new lot is subject to the sanitary sewer and water hookup charges in effect
at the time of final plat approval.
9. All of the utility improvements are required to be constructed in accordance with
the City's latest edition of Standard Specifications and Detail Plates.
10. The applicant is also 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.
11. Permits from the appropriate regulatory agencies will be required, including the
MPCA, Dept. of Health, Carver County and Watershed District.
12. The developer must provide an exhibit showing the location of the utilities and
the proposed drainage and utility easements in order to determine if the
Mr. Michael Roebuck
October 2, 2012
Page 3
easements can be vacated. If there are any conflicts with the small utilities
location, the developer will be responsible for any relocation costs.
13. This development is adjacent to Lyman Boulevard; therefore, the Collector and
Arterial Roadway Improvement Charge shall be collected with the final plat.
Park & Recreation Conditions
The developer shall pay $78,600 in park dedication fees for Lakeside 7 Addition
concurrent with or prior to recording the final plat in lieu of parkland dedication or
donation.
2. The sidewalk south of Lot 7, Block 4 connecting the Lakeside area to the newly -
installed Eden Prairie trail, as depicted in the applicant's plans, shall be installed
concurrent with development of Lot 4 units and a 15 foot -wide public walkway
easement centered on the newly installed sidewalk be dedicated to the city.
Planning Conditions
1. The developer shall designate Lots and Blocks on the final plat.
Water Resources Specialist Conditions:
1. The developer shall obtain an NPDES Construction Permit.
2. The city shall be provided with a copy of the SWPPP for review and comment.
3. The erosion and sediment control plan shall be amended to be consistent with
Chapter 19, Section 145 and the NPDES Construction Permit including
Appendix A and Appendix C.
4. The site shall meet the water quality requirements of the NPDES Construction
Permit.
5. The design of the rain gardens should be consistent with the Minnesota
Stormwater Manual and in particular Chapter 12 -6 including;
a. The underdrain should be 8- inches in diameter.
b. The underdrain should not be wrapped in a sock.
c. The underdrain should be in a minimum of one -foot of double washed,
1' /2 inches in size. This should be wrapped in high permeativity blanket or a
choker course of washed pea gravel.
d. The timing of construction shall be clearly spelled out on the plans and
specification manual and shall be consistent with the Minnesota Stormwater
Manual. This means that the impervious surfaces shall be constructed and
Mr. Michael Roebuck
October 2, 2012
Page 4
the pervious surfaces covered with dense vegetation prior to introduction of
water to the system.
e. Minimum depth of the prepared soils shall be 30- inches.
f. Provide water quality volume (W calculations. Include new impervious
surface calculations used to calculate W qv .
6. The model should be run with an assumed infiltration rate no higher than 0.2
inches per hour unless data from an infiltrometer or other suitable field data is
provided confirming the higher infiltration rate.
7. The drainage map should show drainage areas for both rain garden A and rain
garden B.
8. The developer shall enter into a maintenance agreement with the City making
the developer or their proxy responsible for maintenance of the rain garden
areas.
9. The outfall for the drain tile shall be pulled back away from the wetland such
that it discharges at the edge of the buffer rather than in the wetland. Energy
dissipation shall be provided and shown on the plan. The profile of the
underdrain needs to be shown on the utility plan.
10. Energy dissipation shall be provided at the outfalls into the rain gardens. A
forebay is highly recommended to minimize future maintenance needs.
11. Surface Water Management fees due at the time of final plat are estimated to be
$33,137.35. The applicant shall provide a breakdown of the necessary areas.
12. The wetland and the required buffer shall be placed into a outlot separate from
Outlot C. This outlot shall be dedicated to the city.
13. Indicate the date of the delineation and the entity responsible for the delineation
on the drawing.
14. City staff must review the site to determine that the delineated wetland boundary
still accurately reflects the jurisdictional boundary.
15. City staff must review the wetland buffer to assure that at least 50% of the
remaining vegetation is native. If not, the applicant must develop a management
plan to accomplish this goal.
16. Wetland buffer monuments are required. The location of these shall be
indicated on a plan sheet and surety funds shall be provided at the time of final
plat to ensure that these monuments are installed.
Mr. Michael Roebuck
October 2, 2012
Page 5
17. Permits from the appropriate regulatory agencies will be required, including the
MPCA, NPDES, Dept. of Health, Carver County, MnDOT and Watershed
District.
C. Site Plan with Setback Variances:
Approve a 17 -unit townhouse development consisting of 10 twinhomes, 1 detached
townhouse (Villa) and 6 three -unit townhouses, plans prepared by Pioneer
Engineering, dated 08- 03 -12, with a 1.5 -foot variance to permit the decks to project
8.5 feet into the required yard along the eastern project boundary (21.5 -foot
setback), and a 8.7 -foot variance to permit decks to be set back 21.3 feet from the
wetland buffer edge subject to the following:
Building Official's Comments:
Buildings over 9,250 square feet in area (floor area to include all floors,
basements and garages) must be protected with an automatic fire protection
system.
2. A final grading plan and soils report must be submitted to the Inspections
Division before permits can be issued.
3. Retaining walls over four feet high require a design by a professional engineer, a
building permit, inspections and final approval.
4. Walls and projections within 5 feet of property lines are required to be of one -
hour fire- resistive construction.
5. Buildings are required to be designed by an architect and engineer (licensed in
the State of Minnesota) as determined by the Building Official.
6. The developer and /or their agent shall meet with the Inspections Division as
early as possible to discuss plan review and permit procedures.
Environmental Resource Specialist Conditions:
The applicant shall provide 7 overstory, 11 understory and 19 shrubs along the
north property line; at least 7 overstory, 14 understory and 21 shrubs along the
east property line of outlot C or landscaping consistent with the existing buffer
to the south.
2. A revised landscape plan that meets minimum requirements must be submitted
to the city before final approval.
Mr. Michael Roebuck
October 2, 2012
Page 6
3. Provide screening for proposed homes adjacent to Lake Riley Drive. Locations
include south of the homes in Block 3, on outlot E as well as south of the homes
in Block 1.
Fire Marshal Conditions:
1. A three -foot clear space shall be maintained around the circumference of the fire
hydrants per MSFC Section 508.5.5.
2. Nothing shall be placed in a manner that would prevent or hinder operation of
the fire hydrant by firefighters per MSFC Section 508.5.4.
3. Submit proposed street name(s) to Chanhassen Building Official and
Chanhassen Fire Marshal for review and approval. Note: duplicate street names
will not be accepted.
4. Prior to building construction, approved temporary street signs must be installed.
Planning Conditions:
1. The developer shall enter into a site plan permit with the City and provide the
financial security required by it.
The ordinance for the PUD amendment is being published in the Chanhassen
Villager and shall become effective after publication.
Final plat documents must be submitted to the City 30 days prior to the City Council
meeting in which you wish to have your final plat approved. Conditions of the
preliminary plat approval must be addressed for final plat approval. Enclosed is the
list of items required for submittal for final plat approval.
Enclosed is a site plan agreement that must be executed by Ron Clark Construction
and Design. Note that if there is a different property owner and /or mortgage holder
on the property, they will need to sign the consent(s) at the end of the agreement.
Return the agreement to me for City execution and recording at Carver County
within 120 days of the approval (by February 1, 2013). The required security
specified in the site plan agreement ($5,000.00) shall be submitted prior to the City
issuing a building permit. This security shall serve as the landscaping security
required with the building permit. A separate building permit application and
review is required. A copy of the executed agreement will be returned for your
files.
Mr. Michael Roebuck
October 2, 2012
Page 7
Should you have any questions, please contact me at (952) 227 -1131 or
bgenerousgci.chanhassen.mn.us
Sincerely,
Robert Generous, AICP
Senior Planner
Enclosure
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
Jerry Mohn, Building Official
g: \plan\2012 planning cases\2012 -11 lakeside 7th addition \approval letter.doc
ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION
The following items are required to be submitted a minimum of 30 days prior to
City Council meeting and payment of a $250.00 final plat review fee:
Submit three (3) sets of full size, 50 scale construction plans and
specifications for staff review and redline.
• Utility plans shall show both plan view and profiles of all utilities
(sanitary sewer, water and storm sewer lines). The plan view must
show all drainage and utility easements.
• Grading and drainage plans shall show dwelling type and elevations,
wetlands and wetland buffer areas, stormwater pond NWL and HWL,
EOF and catch basin and storm manhole numbers.
• The construction plans and specifications shall be in accordance to the
City's latest edition of Standard Specifications & Detail Plates.
• The plans shall include traffic signage and street light placement.
2. Drainage calculations for water quantity and quality ponding with maps
showing drainage areas for pre -and post - development conditions and
contributing areas to catch basins.
3. Hydraulic calculations and drainage map for the storm sewer design.
4. Tree Preservation Easements (if applicable).
5. Trail Easements (if applicable).
6. Engineer's Cost Estimate of Improvements:
a. Sanitary sewer system.
b. Water system.
c. Storm sewer drainage system including cleaning and
maintenance.
d. Streets, sidewalk and trails.
e. Erosion control.
f. Site restoration (seeding, sodding, etc.).
g. Site grading
h. Street lights & signs
i. Engineering, surveying & inspection
j. Landscaping
7. Five (5) sets (folded) of final plat, one (1) set of reductions (8'/2' x 11 "), and
a digital copy in .tif format.
8. Digital copy of the legal description of the property in a .doc format.
9. Lot tabulations.
Failure to provide any of the above items by the required deadline will
result in delaying consideration of final plat before the City Council.
Updated 11 -29 -06
gAeng\forms \final plat submittal.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2012 -11
LAKESIDE TWINHOMES
SPECIAL PROVISIONS
AGREEMENT dated September 24, 2012, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City "), and Ron Clark Construction & Design, (the
"Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 17 -unit townhouse development, plans prepared by Pioneer Engineering, dated 08- 03 -12,
with a 1.5 -foot variance to permit the decks to project 8.5 feet into the required yard along the
eastern project boundary (21.5 -foot setback), and a 8.7 -foot variance to permit decks to be set
back 21.3 feet from the wetland buffer edge in the Lakeside development (referred to in this
Permit as the "project "). The land is legally described as Lots 1 -4, Block 1, Lots 1 -3, Block 2, Lots
1 -3, Block 3, Lots 1 -7, Block 4 and Outlots C, D, E and F, Lakeside Seventh Addition.
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 —Site Plan prepared by Pioneer Engineering, dated 08/03/12.
Plan B— Grading, Drainage and Erosion Control Plan prepared by Pioneer Engineering, dated
08/03/12.
Plan C— Landscaping Plan prepared by Pioneer Engineering, dated 3/30/10.
Plan D— Utility Plans prepared by Pioneer Engineering, 08/03/12.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 30, 2015. 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
$5,000.00 (landscaping).
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
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:
Ron Clark Construction & Design
Attn: Mike Roe
7500 West 78 Street
Edina, MN 55349
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. City Council approves a site plan for a 17 -unit townhouse
project in the Lakeside development subject to the following conditions:
a. Building Officials Comments:
1) Buildings over 9,250 square feet in area (floor area to include all floors, basements and
garages) must be protected with an automatic fire protection system.
2) A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
3) Retaining walls over four feet high require a design by a professional engineer, a building
permit, inspections and final approval.
OA
4) Walls and projections within 5 feet of property lines are required to be of one -hour fire -
resistive construction.
5) Buildings are required to be designed by an architect and engineer (licensed in the State
of Minnesota) as determined by the Building Official.
6) The developer and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
b. Environmental Resource Specialist Conditions:
1) The applicant shall provide 7 overstory, 11 understory and 19 shrubs along the north
property line; at least 7 overstory, 14 understory and 21 shrubs along the east property
line of outlot C or landscaping consistent with the existing buffer to the south.
2) A revised landscape plan that meets minimum requirements must be submitted to the city
before final approval.
3) Provide screening for proposed homes adjacent to Lake Riley Drive. Locations include
south of the homes in Block 3, on outlot E as well as south of the homes in Block 1.
c. Fire Marshall Conditions:
1) A three -foot clear space shall be maintained around the circumference of the fire hydrants
per MSFC Section 508.5.5.
2) Nothing shall be placed in a manner that would prevent or hinder operation of the fire
hydrant by firefighters per MSFC Section 508.5.4.
3) Submit proposed street name(s) to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval. Note: duplicate street names will not be accepted.
4) Prior to building construction, approved temporary street signs must be installed.
d. Planning Conditions:
1) The developer shall enter into a site plan permit with the City and provide the financial
security required by it.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
3
CITY OF CHANHASSEN
:•
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of ,
2012, by Thomas A. 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:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2012 by , the Developer.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
in
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITION
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, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
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 B, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule 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 a letter of credit or cash escrow 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.
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 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. 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. Occupan cy . 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
G
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 9:00 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.
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.
7
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 , 2012
STATE OF MINNESOTA )
( ss
COUNTY OF )
2
The foregoing instrument was acknowledged before me this day of
2012, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
i
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this day of , 2012.
STATE OF MINNESOTA )
COUNTY OF )
( ss.
The foregoing instrument was acknowledged before me this day of ,
2012, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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