Approval Letter 1-21-05
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
www.ci.chanhassen.mn.us
January 21, 2005
Mr. Ron Scofield
Paisley Park Studios
7801 Audubon Road
Chanhassen, MN 55317
Re:
Preliminary Plat and Site Plan Approvals
Paisley Park Studio Storage
Planning Case # 04-41
Dear Mr. Scofield:
This letter is to confirm that on January 10, 2005, the Chanhassen City Council
approved the following:
"Preliminary Plat approval for McGlynn Park 3rd Addition creating one lot and one
outlot, plans prepared by Ryan Engineering, dated 10/15/04, subject to the following
conditions:
1. Full park fees shall be collected at the rate in force at the time of final plat
approval.
2. Based on the proposed developed area of approximately 2.4 acres, the water
quality fees associated with this project are $14,292; the water quantity fees are
approximately $13,450. At this time, the estimated total SWMP fee, due payable
to the City at the time of final plat recording, is $27,742.
3. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota
Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota
Department of Natural Resources (for dewatering) and comply with their
conditions of approval.
4. A revised landscape plan showing the required number of plantings shall be
submitted to the city prior to final plat approval.
5. Prior to final plat approval, a professional civil engineer registered in the State of
Minnesota must sign all plans.
6. A 40-foot cross-access easement for the shared driveway access must be obtained
and recorded against the lots and the driveway must be built to a 9-ton design.
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.
Mr. Ron Scofield
January 21, 2005
Page 2
7. Sanitary sewer and water hookup charges will be applicable for the new lot. The 2004 trunk
hook up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. Each of
these charges is based on the number of SAC units assigned by the Met Council for the new
lots. Sanitary sewer and water hookup fees may be specially assessed against the parcel at
the time of building permit issuance.
8. The applicant will be required to submit storm sewer sizing design data for a lO-year, 24-
hour storm event with a drainage area map at the time of final plat.
9. This development is required to provide ten additional feet of platted right-of-way along
Coulter Boulevard.
10. The existing 30-foot curb radius along the north side of Coulter Boulevard must be removed
and replaced with a 45-foot curb radius."
"Site Plan approval of Planning Case # 04-41 for a 4,080 square-foot, one-story warehouse
building, plans prepared by Ryan Engineering, dated 10/15/04, subject to the following
conditions:
1. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
2. Outlot A, McGlynn Park 2nd Addition must be final platted in to a Lot and Block
configuration prior to issuance of a building permit.
3. A sidewalk shall be extended from the parking lot north to McGlynn Drive. A pedestrian
ramp shall be provided at the parking lot curb.
4. A canopy shall be provided over the door on the western elevation of the building.
5. Additional foundation plantings shall be provided for the southerly 37 feet of the eastern
building elevation. In addition, landscaping shall be provided on the west side of the
building north of the overhead doors between the parking lot and the building.
6. Wall mounted lighting must be shielded from off-site views.
7. The metal halide lighting shall be replaced with high pressure sodium lights.
8. Natural Resources Coordinator Conditions:
a) Applicant is required to plant 21 overstory trees in the parking lot area.
b) Applicant is required to meet minimum bufferyard landscaping requirements along the
north property line, Audubon Road and Coulter Boulevard.
c) A revised landscape plan showing the required number of plantings shall be submitted to
the city prior to final plat approval.
Mr. Ron Scofield
January 21, 2005
Page 3
9. Building Official's Conditions:
a) The building must be protected with an automatic fire sprinkler system.
b) The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c) Six accessible parking spaces must be provided as near as possible to the building main
entrance.
d) The water service must be brought up into the building directly inside the exterior wall.
e) The plans were reviewed for general building code compliance only. Complete plans
must be provided before a detailed plan review can be done.
f) The developer shall meet with the Inspections Division as soon as possible to discuss
plan review and permit procedures.
10. Fire Marshal's Conditions:
a) A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure
fire hydrants can be quickly located and safely operated by fire fighters. Pursuant to
Chanhassen City Ordinance #9-1.
b) Builder must comply with The Chanhassen Fire Department/Fire Prevention Division
Policy #29-1992 regarding premise identification. If structures are not visible from
street, additional numbers will be required at driveway entrance. Size of numbers and
location must be approved by Chanhassen Fire Marshal.
c) The proposed hydrant shown on plan must be relocated 100 feet north to the parking lot
island.
11. Engineer's Conditions:
a) A 40-foot cross-access easement for the shared driveway access must be obtained and
recorded against the lots and the driveway must be built to a 9-ton design.
b) The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner. In addition, if importing or exporting of grading material
will occur to/from the site, a detailed haul route must be provided for staff review.
c) Add City Detail Plate Nos. 1002, 1004, 1006,3101,3102,5201,5203,5207,5300
and5301.
d) On all plans:
1. Revise the drive way aisle width to 26-foot minimum.
2. Include a north arrow and bar scale.
3. Provide a plat name.
4. Show the location of proposed handicap parking stalls.
5. Show the location of the vacated right-of-way for McGlynn Road.
e) On the site and utility plan:
1. Add note "Any connection to existing manholes must be core drilled."
2. Show the sanitary service pipe class as SDR26.
3. Show the water-main pipe type and class.
Mr. Ron Scofield
January 21, 2005
Page 4
4. Show the proposed and existing storm sewer pipe size, type, class and slope.
5. Show the existing and proposed manhole rim and invert elevations.
6. Show the dimension of the curb radii for the access drive at McGlynn Road.
f) On the grading plan:
1. Add Type I silt fence around the grading limits.
2. Show the benchmark used for the site survey.
3. Show a 75-foot minimum rock construction entrance.
4. Correct the proposed elevation contours off the northeast corner of the parking lot.
5. Label the FFE of the proposed building as 979.6, not 879.6.
6. Revise all slopes to maintain a 3:1 maximum.
7. Show the location of the existing boulevard trees along Audubon Road and Coulter
Boulevard.
g) Any retaining wall over 4-foot in height must be designed by a registered structural
engineer in the State of Minnesota and require a building permit from the City of
Chanhassen Building Department.
h) A concrete driveway apron and pedestrian ramps will be required at the access location.
12. Add a landscape buffer between the parking lot and daycare center.
13. Revise the parking lot plan to better accommodate the cars around the medians."
Enclosed is the site plan agreement for the project. Return the agreement to me for City
execution and recording at Carver County within 120 days of the approval (by May 10, 2005).
The required security specified in the site plan agreement shall be submitted prior to the City
issuing a building permit. A copy of the executed agreement will be returned for your files.
Final plat documents must be submitted to the city three weeks prior to the City Council meeting
in which you wish to have your final plat approved. Enclosed is the list of items required for
submittal for final plat approval. No building permits can be issued until the site plan agreement
is executed and the final plat is approved and submitted for recording.
Should you have any questions, please feel free to contact me at (952) 227-1131.
Si~..- '
/; ..
. )
Robert Generous, AICP
Senior Planner
Enclosures
c: Matt Saam, Assistant City Engineer
Steve Torell, Building Official
ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION
6/9/04
The following items are required to be submitted a minimum of three (3) weeks prior to City
Council meeting and payment of a $250.00 final plat review fee:
1. Submit three (3) sets of construction plans and specifications for staff review and redline.
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. Utility plans shall show both plan view and profiles of all utilities (sanitary
sewer, water and storm sewer lines). Grading and drainage plans shall show dwelling type
and elevations, wetlands and wetland buffer areas, stormwater pond NWLS and HWLS,
catch basin, and storm manhole numbers.
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. Tree Preservation Easements (if applicable).
4. Trail Easements (if applicable).
5. Landscape Plan and Cost Estimates (Woodland Management Plan, if applicable).
6. Engineer's Cost Estimate of Public 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
7. Ten (10) sets (folded) of final plat, one (1) set of reductions (8Yz" x II"), a digital copy in
.dwg format (AutoCAD compatible), and a digital copy in .tif format.
8. Digital copy of the legal description of the property in a .doc or .pdf compatible format.
9. Lot tabulations
10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot and
Block numbers.
Failure to provide any of the above items by the required deadline will result in delaying
consideration of final plat before the City Council.
g:\eng\forms\fnlplat submittal.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT 04-41
SPECIAL PROVISIONS
AGREEMENT dated January 10, 2005, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Paisley Park Studios (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 4,080 square-foot, one-story warehouse building (referred to in this Permit as the
"project"). The land is legally described as Lot 1, Block 1, McGlynn Park 3rd Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enter into this Permit and furnish 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 October 15, 2004, prepared by Ryan Engineering.
Plan B-Grading, Drainage, and Utility Plan dated October 15, 2004, prepared by Ryan
Engineering.
Plan C-Landscaping Plan dated October 14, 2004, prepared by _Truman Howell Archtects &
Associates, Inc.
1
4. Time of Performance. The Developer shall install all required screening and
landscaping by September 30, 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, or cash escrow, in the amount of
$5,000.00 ($2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). 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 certified
mail at the following address: Mr. Ron Scofield
Paisley Park Studio
7801 Audubon Road
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 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.
2
7. Other Special Conditions. Approved Site Plan Planning Case #04-41 as shown
on the plans dated October 15, 2004 and subject to the following conditions:
(a) The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
(b) Outlot A, McGlynn Park 2nd Addition must be final platted in to a Lot and Block
configuration prior to issuance of a building permit.
(c) A sidewalk shall be extended from the parking lot north to McGlynn Drive. A pedestrian
ramp shall be provided at the parking lot curb.
(d) A canopy shall be provided over the door on the western elevation of the building.
(e) Additional foundation plantings shall be provided for the southerly 37 feet of the eastern
building elevation. In addition, landscaping shall be provided on the west side of the
building north of the overhead doors between the parking lot and the building.
(f) Wall mounted lighting must be shielded from off-site views.
(g) The metal halide lighting shall be replaced with high pressure sodium lights.
(h) Natural Resources Coordinator Conditions:
a. Applicant is required to plant 21 overstory trees in the parking lot area.
b. Applicant is required to meet minimum bufferyard landscaping requirements
along the north property line, Audubon Road and Coulter Boulevard.
c. A revised landscape plan showing the required number of plantings shall be
submitted to the city prior to final plat approval.
(i) Building Official's Conditions:
a. The building must be protected with an automatic fire sprinkler system.
b. The building plans must be prepared and signed by design professionals licensed
in the State of Minnesota.
c. Six accessible parking spaces must be provided as near as possible to the building
main entrance.
d. The water service must be brought up into the building directly inside the exterior
wall.
e. The plans were reviewed for general building code compliance only. Complete
plans must be provided before a detailed plan review can be done.
f. The developer shall meet with the Inspections Division as soon as possible to
discuss plan review and permit procedures.
3
,i
G) Fire Marshal's Conditions:
a. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is
to ensure fire hydrants can be quickly located and safely operated by fire fighters.
Pursuant to Chanhassen City Ordinance #9-1.
b. Builder must comply with The Chanhassen Fire Department/Fire Prevention
Division Policy #29-1992 regarding premise identification. If structures are not
visible from street, additional numbers will be required at driveway entrance. Size of
numbers and location must be approved by Chanhassen Fire Marshal.
c. The proposed hydrant shown on plan must be relocated 100 feet north to the
parking lot island.
(k) Engineer's Conditions:
a. A 40-foot cross-access easement for the shared driveway access must be obtained
and recorded against the lots and the driveway must be built to a 9-ton design.
b. The applicant should be aware that any off-site grading will require an easement
from the appropriate property owner. In addition, if importing or exporting of grading
material will occur to/from the site, a detailed haul route must be provided for staff
review.
c. Add City Detail Plate Nos. 1002, 1004, 1006,3101,3102,5201,5203,5207,5300
and5301.
d. On all plans:
1. Revise the drive way aisle width to 26-foot minimum.
ii. Include a north arrow and bar scale.
iii. Provide a plat name.
iv. Show the location of proposed handicap parking stalls.
v. Show the location of the vacated right-of-way for McGlynn Road.
e. On the site and utility plan:
1. Add note "Any connection to existing manholes must be core drilled."
ii. Show the sanitary service pipe class as SDR26.
iii. Show the water-main pipe type and class.
iv. Show the proposed and existing storm sewer pipe size, type, class and slope.
v. Show the existing and proposed manhole rim and invert elevations.
vi. Show the dimension of the curb radii for the access drive at McGlynn Road.
f. On the grading plan:
1. Add Type I silt fence around the grading limits.
ii. Show the benchmark used for the site survey.
iii. Show a 75-foot minimum rock construction entrance.
iv. Correct the proposed elevation contours off the northeast corner of the parking lot.
4
v. Label the FFE of the proposed building as 979.6, not 879.6.
vi. Revise all slopes to maintain a 3:1 maximum.
vii. Show the location of the existing boulevard trees along Audubon Road and
Coulter Boulevard.
g. Any retaining wall over 4-foot in height must be designed by a registered
structural engineer in the State of Minnesota and require a building permit from the
City of Chanhassen Building Department.
h. A concrete driveway apron and pedestrian ramps will be required at the access
location.
(1) Add a landscape buffer between the parking lot and daycare center.
(m)Revise the parking lot plan to better accommodate the cars around the medians."
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
DEVELOPER:
BY:
Its
5
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of
2005, 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 PUBUC
STATE OF MINNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2005 by
NOTARY PUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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
,2005
By
STATE OF MINNESOTA )
( ss
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2005, by
NOTARYPUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
7
. .
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.
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 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
8
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
9
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 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.
10
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. 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
11
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 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
12
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 neither the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which may
exist.
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