Loading...
2003 11 10 Agenda Economic Development Authority Monday, November 10, 2003 Immediately Following the Regular City Council Meeting o Release of Agreement with Bloomberg Companies; Lot 1, Block 1, Bloomberg 2nd Addition; High Timber Lounge Amendment to Purchase Agreement with Market Street Station for Purchase of the Bowling Alley Property. Termination of Easement and Mutual Release for Southwest Metro Transit Commission Park and Ride Permanent Easement. Approval of Site Plan for Market Street Station Development. Approval of Minutes dated October 27, 2003. CITYOF CHANHASSEN 7700 Market Boulevard PO [}ox 147 Ohanhassen MN 55317 Administralion PI one: 9522271100 Fax 9522271110 Building Inspections Phone: 9522271 Fax: 952227 1190 Engineering Phone: 9522271160 Fax 9522271170 Finance Fax 9522271110 Park & Recreation Phor~e: 952 227 1120 Fax: 952 227 1110 Recreation Oen~e~ 2310 Coulter Boulevard Phone: 952227 1400 Fax: 9522271404 Planning & Natural Resources Pho'~e: 952227 1130 Fa×: 9522271110 Public Works 1591 Park Rgad Phope: 9522271300 Fax: 952227 1310 Senior Center Web Site ww~, ci chanhassen mn os MEMORANDUM TO: Todd Gerhardt, Executive Director FROM: DATE: Justin Miller, Assistant to the Executive Director ~., / r November 4, 2003 ' \. Release of Agreement with Bloomberg Companies; Lot 1, Block 1, Bloomberg 2nd Addition - High Timber Lounge BACKGROUND In November 1996, the City entered into a contract for private redevelopment and minimum assessment agreement with Bloomberg Companies for the property legally described as Lot 1, Block 1, Bloomberg 2nd Addition. This contract provided TIF assistance for the High Timber Lounge project through December 1998. A portion of this property lies within the bowling alley redevelopment project, and for sale of the property to be finalized, the terms of the contract for private redevelopment need to be released. All terms of the agreement have been met, and the City has no obligations remaining in regards to Tlr payments. RECOMMENDATION Staff recommends that the EDA release Bloomberg Companies from all obligations under the contract for private redevelopment and minimum assessment agreement for Lot 1, Block 1, Bloomberg 2nd Addition. This action requires a simple majority of the Commission. The City of Chanhassen · A orow~ng conmunity with clean lakes quality schools, a charrnino do'~'~'nto~,rn Iht iviqg l)USll~eSses winding trails and beautitul )arks A seat plac~ t;, i,~,e ',ask and MEMORANDUM CITYOF CHANHASSEN 7700 Markd Boulevard P0 Box147 Ohanhassen MN 55317 Administration Pr, one: 952 227 1100 Fax 952 227 1110 Building Inspections Phcqe 952.227 1180 Fax: 952 227 li90 Engineering Phone: 952.2271160 Fax: 9522271170 Finance Phone: 9522271140 Fax: 9522271110 Park & Recreation Phone: 952227 !120 Fax: 952 2271110 Reoreatioo Oente~ 2310 Coulter Bouievard Phgne: 9522271400 Fax: 9522271404 Planning & Natural Resources Phone: 952227 1130 Fax 952227 Public Works 1591 Park Road Phone: 952 2271300 Fax: 952 2271310 Senior Center R~aoe: 9522271 !25 Fax 9522271110 Web Site wvmci char,hassen ton us TO: Todd Gerhardt, Executive Director FROM: DATE: Justin Miller, Assistant to the Executive Director,,,, October 31, 2003 ~ RE: First Amendment to Purchase Agreement with Market Street Station for Purchase of Bowling Alley Property BACKGROUND On May 29, 2003, the Chanhassen Economic Development Authority entered into a purchase agreement with Bloomberg Companies (later assigned to Market Street Station, LLC) for the purchase of the former bowling alley property. In this agreement, several deadlines were established in order to ensure that both parties made concerted efforts to conclude the sale process. Most of the deadlines in the agreement have been met, but there are still a few lingering issues. These issues include obtaining legal descriptions of vacated easements and final agreements with the Cinema and Southwest Metro (both of which are close to final approval). None of these issues are substantive enough to cause concern, however it is prudent to amend the purchase agreement so that both parties are protected in the final weeks of this process. This amendment allows for extending the deadline to the closing date, which is tentatively scheduled for November 14, 2003. RECOMMENDATION Staff recommends the EDA approve the attached First Amendment to the Purchase Agreement with Market Street Station, LLC. This action requires a majority of the Commission. The City of Chanhassen · A growing sornr,~/un%, with clean lakes quality schools, a charming downtown thrivin{i bLusH eases, wir/ding trails and beauti',ul pa~ks ~ greal p!ao~ l! Ive work a ~J ph~,x FIRST AMENDMENT TO PURCHASE AGREEMENT This First Amendment to Purchase Agreement ("Amendment") is made as of the 30th day of October, 2003, by and between the Economic Development Authority in and for the City of Chanhassen ("Seller") and Market Street Station LLC, a Minnesota limited liability company ("Buyer"). RECITALS: Buyer and Seller are parties to a Purchase Agreement dated as of May 29, 2003 ("Purchase Agreement") relating to the purchase and sale of certain real property located in Chanhassen, Carver County, Minnesota, legally described in Section 1.1.1 of the Purchase Agreement (the "Property"). Bo Buyer desires to extend certain of the contingency periods as set forth in the Purchase Agreement and Seller is agreeable thereto, as provided herein. NOW THEREFORE, in consideration of the foregoing, the mutual agreements herein contained, and the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows: 1. Any term or phrase with an initial capitalized letter shall have the meaning given it by this Amendment, or if not so defined, shall have the meaning given it by the Purchase Agreement. 2. The parties agree that the definition of "Contingency Date" as set forth in Section 7 of the Purchase Agreement shall be and hereby is amended as follows: "The obligations of Buyer under this Agreement are contingent upon satisfaction of each of the following on or before the Closing Date, as defined in Section 4.1 hereof..." 3. If this Amendment is not executed until subsequent to the expiration of the Contingency Date as set forth in the Purchase Agreement, then the foregoing Paragraph 2 shall be given retroactive effect. 4. Except as amended hereby, all of the terms, covenants, and conditions of the Purchase Agreement shall remain in full force and are hereby ratified and confirmed. Doc# 1723953\1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment, as of the day and year first above written. SELLER: The Economic Development Authority in and for the City of Chanhassen By: Its: By: Its: BUYER: Market Street Station, LLC a Minnesota limited liability company By: Daniel W. Engelsma President 2 Doc# 1723953\1 MEMORANDUM CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone: 9522271100 Fax: 952227 1110 Building Inspections Phor!e: 9522271180 Fax 952 2271190 Engineering ?hone: 9522271160 Fax: 9522271170 Finance Phone: 9522271140 Fax: 952 2271110 Park & Recreation Fax: 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax: 952.227 1404 Planning a Natural Resources Phone: 952 2271130 Fax: 9522271110 Public Works 1591 Park Road Phone: 952 227 1300 Fax 9522271310 Senior Center Phor/e: 952227.! 125 Fax: 952227.1!10 Web Sile www ci chanhassen mr~ us TO: Todd Gerhardt, Executive Director FROM: DATE: Justin Miller, Assistant to the Executive DirectopL/¢ November 3, 2003 RE: Termination of Easement and Mutual Release for Southwest Metro Transit Commission Park and Ride Permanent Easement BACKGROUND Since 1992, the City has granted Southwest Metro Transit Commission a permanent easement for 120 parking spaces on the former bowling alley property. One of the requirements in the redevelopment of this area was that the selected developer needed to incorporate the same number of parking spaces for Southwest Metro Transit into their project. When Bloomberg Companies (later assigned to Market Street Station, LLC) was selected to develop the site, they stated their desire to move the permanent easement to a location further east on Bloomberg owned property. Southwest Metro and the developer are in the final stages of finalizing this relocation. As both parties are preparing to conclude the sale of this property, it has been determined that the City and Economic Development Authority need to release the terms of the permanent easement for the Park and Ride on this property. While action to release the easement will be taken by approving this resolution, the release will not be recorded until Southwest Metro and the City are satisfied that the easement will be relocated in a manner satisfactory to all parties involved. RECOMMENDATION Staff recommends the EDA approve a resolution releasing the permanent easement for a Southwest Metro Transit Commission Park and Ride facility. This action requires a majority of the Commission. The City of Chanhassen, A growing community with clean lakes, quality schoo!s a charming downtown, th iv g tsusinesses ,¢,,inding tra Is and beautiful parks & grea[ place to live work and pla? CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Adminislralion Phone 962 2271100 Fax; 952 2271110 Building Inspections Phone: 9522271180 Fax: 9522271190 Engineering Phone: 9522271160 Fax: 952.2271170 Finance Phoee: 952 2271140 Fax: 9522271110 Park & Recreation Phone: 952227 1120 Fax: 952 22Z 1110 Recreation Con!er 2310 Coul~er Boulevard Phoee: 9522271400 Fax: 952 2271404 Planning & Natural Resources Phone 9522271130 Fax: 9522271110 Public Works 1591 Par~< Road Phope 952227 1300 Fax: 952 227 1310 Senior Center Pi}one: 9522271125 Fax: 9522271110 Web Site wwwci chanhassen r~nus MEMORANDUM TO: Todd Gerhardt, Executive Director FROM: DATE: Justin Miller, Assistant to the Executive Director .--, November 3, 2003 RE: Approval of Plans and Specifications, Market Street Station BACKGROUND Legal counsel has advised staff that while the City Council approved the site plan agreement for the Market Street Station project, the Economic Development Authority must also approve the plans since the EDA is the entity actually selling the property. Attached is a copy of the motion and conditions made by the City Council when they approved the project on October 13, 2003. RECOMMENDATION Staff recommends that the Chanhassen Economic Development Authority approve the site plan permit 2003-9 for Market Street Station as approved by the City Council on October 13, 2003. This action requires a majority of the members present. The City of Chanhassen · A growing commumty with clean lakes, quality schools a charming downtown, thriving husinees{e winding ',rails and beaulifu! parks A g~eat place to live ,,~,ork aud pay OF CmmSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.11 O0 Fax: 952.227.1'i10 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.11d0 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..t130' Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.t125 Fax: 952.227.1110 Web Site www.ci.chanhassen.rnn.us October 24, 2003 Mr. Clayton Johnson Bloomberg Companies 525 W. 78th Street P.O. Box 730 Chanhassen, MN 55317 Dear Mr. Johnson: On October 13, 2003, the City Council approved the Site Plan for Market Sixeet Station with the following conditions: Councilman Labatt moved, Councilman Peterson seconded that the City Council approve the Market Street Station, LLP, for Site Plan Review #03-9 with a variance for fenestration on the Cinema and the Permit 82003-5 for more than one building on a lot; General Business to Central Business District as 2003 and September, 2003, based on the findings of' the . 4, 1. Conditional Use g03-03 from ians dated August 15, and subject to site plan SAC All unit, the water unit. State iii iv) v) vi) a. and sanitary services. b. Show: profile view within The City ol Chanhassen * A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding frails, and beautiful parks. A g]eat place lo live, work, and olay. Mr. Clayton Johnson October 24, 2003 Page 2 Add the latest version of City of Chanhassen detail plates 4/1002, 1004, 1006, 2101, 3101, 3102, 5201, 5203, 5206, 5207, 5214, 5215, 5216, 5300, and 5301. Submit private easement for the shared storm sewer before building permit issuance. Seed and mulch or sod the site within two weeks of grading. Submit haul route for city approval prior to any hauling. o Installation of the private utilities for the site will requke permits and inspections through the City's Building Department. o Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 10. Submit detailed construction plans and specifications for the public utility improvements and approved before final platting. 11. The applicant shall 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 in the amount of 110% of the public improvement cost estimate. 12. Before building permit issuance, permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 13. Concrete driveway apron, per City detail plate//5207, is required at all the access points to the site. 14. 15. Dedicate on the plat a 35 foot wide drainage utility easement over the public utility lines located in the main drive aisle. The applicant may choose from the plant schedule on the landscape plan dated August 15, 2003, only honey locust or red maple as the unifying liee along "main street." Staff recommends that the applicant choose honey locust as its unifying tree species. 16. The applicant shall install landscape island width to a minimum of 10 feet or install aeration tubing. 17. 18. A revised landscape plan shall be submitted for city approval. Any existing tree shown on the pla~s will be required to be replaced if it dies. 19. Street furniture, including benches, planter and bike racks, shall be added throughout the development. Mr. Clayton Johnson October 24, 2003 Page 3 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Removal of any upqighting on any building that is not shielded sufficiently to prevent spillover. The buildings are required to have an automatic fire extinguishing system. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. A demolition permit must be obtained before beginning demolition of any existing structures. Provide an engineered utility plan for review. The location of property lines, existing and new, will have an impact on the code requirements for the proposed buildings. The plans as submitted do not have the information necessary to determine code requirements. Provide a preliminary site plan indicating the proposed property line configuration so Code ramifications can be determined. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures. Provide construction waiting areas adjacent.to the Frontier Building for drop off and pick up as shown on the plans dated October 1, 2003. No parking signage shah be added to the south face or the south side of the Frontier building and the east side of the Cinema building. Drop off signage shall be added as well as striping to the drop off area adjacent to the Frontier building. Applicant will consider a combination of trellis vines and murals/mosaic on the exposed cinder block wall west of the cinema. Remove all abandoned utilities on the site. No chaser or flashing lights will be allowed on the pylon sign on Market Boulevard and Market Street Station should have a more prominent size on the sign. 33. Provide staff the flexibility to work with the applicant on the cupola and porch of the restaurant attached to the cinema and the vertical lines on the office building. Enclosed is a draft site plan agreement that must eventually be executed by Market Street Station. The Agreement cannot be executed until we agree to the revised site design issues and legal descriptions for the easement or right-of-way vacations are Mr. Egayton Johnson October 24, 2003 Page 4 provided. If there are separate owners or a mortgage holder, they will have to sign the consent form. Once the agreement is f'malized and executed by Market Street Station, it should be retumed to me for city execution and recording at Carver County within 120 days of approval. Revised plans shall be submitted to the city as well as a letter of credit for the landscaping and the utility relocation before the issuance of a building permit. The letter of credit shah be 110% of the estimated value of the landscaping and 110% of the Engineer's estimate for the utility relocation. If you have any questions, please feel free to contact me or Matt Saam, Acting City Engineer. Sincerely, Kathryn R. Aanenson, AICP Community Development Director c: Justin Miller, Assistant to the City Manager Matt Saam, Acting City Engineer Steve Torell, Building Official Glenn Baird, Chanhassen Cinema, P.O. Box 514, Chanhassen, MN 55317 CITY OF CHANHASSEN SITE PLAN PERMIT 2003-9 SPECIAL PROVISIONS AGREEMENT dated , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Market Street Station LLP (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 60,000 square foot of building including cinema, retail, restaurant and office (referred to in this Permit as the "project"). The land is legally described as Lot 1 Block 1 Market Street Station,. 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 dated August 15, 2003 prepared by Benttz/Thompson/Rietow, Inc and Dahlgren, Shardlow and Uban (need revised architectural plans) Plan B~Grading, Drainage, and Utility Plan dated August 29th, prepared Dahlgren, Shardlow and Uban and Schoell & Madson, Inc Plan C--Landscaping Plan dated August 29' 2003 prepared by Dahlgren, Shardlow and Uban 4. Time of Performance. The Developer shall install all required screening and landscaping by November 15, 2004. 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, or cash escrow, in the amount of S__Total ($ - landscaping, ($2,500 - boulevard restoration and driveway aprons), ($2,500 - erosion control) and ($ for sewer and water realignment). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping. 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: Clayton Johnson Bloomberg Companies 525 W. 78th Street P.O. Box 730 Chanhassen, MN 55317 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. as shown on the plans dated August 29th 2003 and subject to the following conditions: Submit storm sewer and drainage calculations for staff review before site plan approval. 2. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. o Sanitary sewer and water hookup charges along with the Metropolitan Council's SAC fee will be due on all of the lots at the time of building permits issuance. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. The current 2003 sanitary hook up charge is $1,400 per unit, the water hookup charge is $1,876 per unit, and the SAC fee is $1,275 per unit. 4. On the grading plan: i) Add silt fence Type II around the construction limits. ii) Show rock construction entrance. iii) Show a bench mark (mean sea level datum). iv) Show all existing and proposed easements. v) Show existing and proposed property lines. vi) On the utility plan: a. Show the location of the proposed water and sanitary services. b. Show the existing sanitary and watermain in profile view construction area. within the Add the latest version of City of Chanhassen detail plates//1002, 1004, 1006, 2101, 3101, 3102, 5201, 5203, 5206, 5207, 5214, 5215, 5216, 5300, and 5301. 6. Submit private easement for the shared storm sewer before building permit issuance. Seed and mulch or sod the site within two weeks of grading. Submit haul route for city approval prior to any hauling. o Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 10. Submit detailed construction plans and specifications for the public utility improvements and approved before final platting. 11. The applicant shall 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 in the amount of 110% of the public improvement cost estimate. 12. Before building permit issuance, permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDot, etc. 13. Concrete driveway apron, per City detail plate #5207 is required at all the access points to the site. 14. Dedicate on the plat a 35 foot wide drainage utility easement over the public utility lines located in the main drive aisle. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. The applicant may choose from the plant schedule on the landscape plan dated August 15, 2003 only honey locust or red maple as the unifying tree along "main street". Staff recommends that the applicant choose honey locust as it's unifying tree species. The applicant shall install landscape island width to a minimum of 10 feet or install aeration tubing. A revised landscape plan shall be submitted for city approval. Any existing tree shown on the plans will be required to be replaced if it dies. Street furniture including benches, planter and bike racks shall be added throughout the development. Removal of any up lighting on any building that is not shielded sufficiently to prevent spillover. The buildings are required to have an automatic fire extinguishing system. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. A demolition permit must be obtained before beginning demolition of any existing structures. Provide an engineered utility plan for review. The location of property lines, existing and new, will have an impact on the code requirements for the proposed buildings. The plans as submitted do not have the information necessary to determine code requirements. Provide a preliminary site plan indicating the proposed property line configuration so code ramifications can be determined. The owner and/or their representative shall meetwith the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures. Provide and construction waiting areas adjacent to the Frontier Building for drop off and pick up as shown on the plans dated October 1, 2003. No parking signage shall be added to the south face or the south side of the Frontier building and the east side of the Cinema building. , Drop off signage shall be added as well as striping to the drop off area adjacent to the Frontier building. 30. 31. 32. 33. Applicant will consider a combination of trellis vines and murals/mosaic on the exposed cinder block wall west of the cinema. Remove all abandoned utilities on the site. No chaser or flashing lights will be allowed on the pylon sign on Market Boulevard with Market Street Station having a more prominent size on the sign. Provide staff the flexibility to work with the applicant on the cupola and porch of the restaurant attached to the cinema and the vertical lines on the office building. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN (SE) L) BY: Thomas A. Furlong, Mayor Todd Gerhardt, City Manager DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2003, 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 STATE OF MINNESOTA ) ( SS. COUNTY OF ) The foregoing instrument was acknowledged before me this __ 2003 by day of NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 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 ,2003 By. STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instmment was acknowledged before me this __ 2003, by day of NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1131 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. Maintenance of site. The site shall be maintained in accordance with the approved site Plants and ground cover required as a condition of site plan approval which die shall be plan. promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the property 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 materials that have blown, 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 from a bank or cash escrow with 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 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 constmction 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. 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 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. c°nstmction Hours. The normal construction hours and maintenance of equipment 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 goveming 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 conceming neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.