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CC Staff Report 06-09-2014CITY OF CHANAASSEN 7700 Market Boulevard PC 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Stephanie Bartels, Project Engineer Bob Generous, Senior Planner DATE: June 9, 2014 D SUBJ: Arbor Cove Final Plat, Development Contract, and Plans & Specifications — Planning Case #2014 -06 PROPOSED MOTION "The Chanhassen City Council approves: 1. The final plat for Arbor Cove subject to the conditions of the staff report; 2. The development contract for Arbor Cove; and 3. The plans and specifications for Arbor Cove." Approval requires a majority vote of the City Council. PROPOSAL SUMMARY The applicants, Dogwood Road, LLC and Westwood Church, are requesting final plat approval to create five lots, four for single - family detached houses and one for the church campus, and approval of the construction plans and development contract. BACKGROUND On May 20, 2014, the Metropolitan Council found the land use map amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines, waiving further review and allowing the City to place the amendment in effect. Public Works 7901 Park Place On May 12, 2014, the Chanhassen City Council approved a development contract to Phone: 952.227.1300 permit the grading of the site. Fax: 952.227.1310 Senior Center On April 28, 2014, the Chanhassen City Council approved a Comprehensive Plan Land Phone: 952.227.1125 Use Map Amendment of 3.26 acres from Public /Semi- Public to Residential Low Fax: 952.227.1110 Density, Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 56.67 acres into five lots. Web Site www.ci.chanhassep.mn.us Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 2 The applicant is creating five lots from 56.67 acres. The plat will dedicate the right -of -way for portions of Tanadoona Drive and West 78th Street. The 1.59 acres in the southeast comer of the plat, which contains Hope House, may not be added as part of this subdivision at this time since the property was not included in the preliminary plat public hearing. This property may be added as part of a separate subdivision process. I have reviewed the plans provided by Otto Associates on behalf of Dogwood Road, LLC dated April 18, 2014. This submittal included a five -page civil plan set, a Surface Water Pollution Prevention Plan dated April 16, 2014, and a two -page plat. This is in addition to the HydroCAD summary report dated March 10, 2014 and a geotechnical evaluation report dated January 27, 2014. It is noteworthy that the applicant and their consulting engineer met with city staff and worked through many of the potential issues prior to this submittal. Based upon my review I offer the following comments. VITA ONO WIN MMNIMWO The site lies entirely within the shoreland district for Lake Minnewashta. Lake Minnewashta is a recreational development lake ( §20 -479). A minimum lot size for non - riparian, single - family lots within the shoreland district is 15,000 square feet with a minimum width of 90 feet ( §20 -480). These lots meet or exceed the shoreland requirements. There exist two flow - through wetland systems on the property immediately east and south of the proposed subdivision. Because these delineations are more than five years old they are no longer valid. However, they do provide a sound baseline to establish the probability that wetlands extend onto the proposed lots. Given the topography and the findings of the previous delineation, it does not seem likely that the wetlands indicated on the plan set do extend into any of the proposed lots. This will need to be verified when the growing season begins. Staff does not feel, even in the event the wetland extent is greater than shown, that it would impact the lots other than requiring that a buffer is provided, demarcated and recorded against the plat. It should not impact the viability of the lots as suitable building sites. Because these are flow - through systems, the outlets for these needs to be accommodated in the site plan. The grading plan does provide for an overland flow and will be discussed further in the next section. GRADING Drainage and Treatment The stormwater management report was provided as part of the submittal. The applicant's engineer incorporated several of the design comments from a previous meeting between staff and the applicant design team. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 3 The applicant is proposing a bioretention - filtration feature to be located on Lot 1. The design for this feature is following the MN Stormwater Manual which can be found here: http:// stormwater .pca.state.mn.us /index.php ?title =Main Page &oldid =12872 It has been the experience of staff, as well as that of the Carver County SWCD, that proper design of these features is critical to assure that they do not clog and cease to function over time. The detail should be amended as follows: The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. A detailed planting plan and schedule must be developed and included in the plan set for approval. The rain garden shall be constructed, stabilized and functioning prior to any building permits being issued. The site lies within the boundaries of the Minnehaha Creek Watershed District. Chanhassen is the permitting authority within this district for most rules. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes in the biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. However, in conversations with representatives of the development group, they would prefer this responsibility fall to the homeowner. This is acceptable but the development group must assume responsibility of the feature until the property is transferred to the homeowner. An operations and maintenance manual shall be developed describing how the feature will be maintained and who will be responsible for the maintenance and this shall be recorded against the property. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. Tree preservation is being used to provide volume reduction and water quality benefits. This is an acceptable practice under the Minnehaha Creek Watershed District rules and guidance and the Carver County Watershed Management Organization rules and guidance as well as under the Minimum Impact Design Standards (MIDS) recommendations. The applicant's engineer provided acceptable calculations for this credit. In order to garner the benefits, the area must be protected in perpetuity. This area within the conservation easement will not be included into the Surface Water Management connection fee charges. In the event that the area is not preserved in perpetuity, SWMP connection fees will be due at the time the easement is vacated. The flow - through wetlands will be outlet across the property through a graded Swale. This swale has an average grade of 7% and headcutting in the channel is already present. The design currently uses ditch rock checks from our standard detail plates. These are intended to be temporary erosion prevention and sediment control measures and not permanent features. These are generic and do not consider runoff volume, runoff rates, soil type or other factors which contribute to channel scour Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 4 forces. The United States Department of Agriculture, Natural Resources Conservation Service has developed design guidelines for stream channel restoration. The Minnesota Department of Natural Resources in their Best Practices for Meeting DNR General Public Waters Work Permit GP2004- 0001 also has information and details on proper installation of rock weepers. These techniques shall be used as applicable to the stabilization of the channel. The following conditions apply to the proposed channel. • A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook or other accepted engineering design standards and practices. Erosion Prevention and Sediment Control The development is will result in a disturbance of greater than one (1) acre. The minimum threshold for requiring a NPDES Construction Permit is the disturbance of 1 acre or more. An NPDES permit will be required and a standalone Surface Water Pollution Prevention Plan must be developed. The SWPPP has been submitted for review and comment. Proof of permit will also be required to be on -site prior to any earth disturbing activities. Based upon review of the SWPPP, staff has the following comments. • A listing of the chain of responsibility for oversight of SWPPP implementation per Part IIIA 2. • Training documentation for those involved in the design and implementation of the SWPPP per Part IIIF. • Site map showing soil types per Part IIIA 5. • The SWPPP must indicate who is responsible for the maintenance of the permanent stormwater management practices on the site and a maintenance plan to assure performance of the practice as listed in Part IIIA 5 k. A party must be indentified prior to approval even if this party will change at a future date. • Construction sequencing must discuss the following elements: a. Channel grading and stabilization; b. Timing of the curb cuts; c. Installation of the rain guardian. • The plans must show all elements required underpart IV.0 of the permit. The following items shall be incorporated into plan set where appropriate. The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 5 CONNECTION CHARGES Surface Water Management connection charges will be due with the final plat. These fees are estimated as follows. Area of Lots 1 — 4 less conservation easement. 3.26 - 0.80 = 2.46 acres SANITARY SEWER AND WATERMAIN Sanitary sewer and watermain were constructed under Dogwood Road as part of City Project #06- 06. In 2008, the water and sewer were completed with four service stubs built adjacent to the proposed Lots 1 -4. The service stubs will be adequate to provide City water and sanitary sewer service to the proposed new lots. ASSESSMENTS In 2003, the property was assessed $34,492 for Dogwood Road street and utility improvements. As of January 1, 2014, the outstanding principal was $10,347.75. At the time of the final plat, this assessment plus additional accrued interest must be paid or reassessed. Partial water and sewer hookup fees for each lot are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. LANDSCAPING AND TREE PRESERVATION The applicant for the Arbor Cove development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 3.26 ac. or 142,005 SF Baseline canopy coverage 98% or 141,005 SF Minimum canopy coverage allowed 55% or 78,103 SF Proposed tree preservation 36% or 51,400 SF The applicant does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Rate Per Acre Acre Sum Water Quality $2,830.00 2.46 $6,961.80 Water Quantity $4,050.00 2.46 $9,963.00 (Credit) $1,415.00 2.02 ($2,858.30) Total Estimate SWMP Fees Due at Final Plat $14,066.50 SANITARY SEWER AND WATERMAIN Sanitary sewer and watermain were constructed under Dogwood Road as part of City Project #06- 06. In 2008, the water and sewer were completed with four service stubs built adjacent to the proposed Lots 1 -4. The service stubs will be adequate to provide City water and sanitary sewer service to the proposed new lots. ASSESSMENTS In 2003, the property was assessed $34,492 for Dogwood Road street and utility improvements. As of January 1, 2014, the outstanding principal was $10,347.75. At the time of the final plat, this assessment plus additional accrued interest must be paid or reassessed. Partial water and sewer hookup fees for each lot are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. LANDSCAPING AND TREE PRESERVATION The applicant for the Arbor Cove development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 3.26 ac. or 142,005 SF Baseline canopy coverage 98% or 141,005 SF Minimum canopy coverage allowed 55% or 78,103 SF Proposed tree preservation 36% or 51,400 SF The applicant does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 6 Difference in canopy coverage 26,703 SF Multiplier 1.2 Total replacement 32,043 SF Total number of trees to be planted 29 trees The total number of trees required for the development is 29. The applicant has proposed a total of 25 trees and does not meet minimum requirements. Staff recommends that the applicant increase the number of trees planted in order to meet minimum quantity required. No bufferyards are required for this low- density residential development. The applicant is proposing to preserve a 33 -inch red oak (tree #33) that is in good condition (healthy and structurally sound) on Lot 4. According to grading plans, the proposed and existing grades appear to tie in about 20 feet from the trunk. This is a minimal amount of root preservation. The applicant will need to allow for as much undisturbed root area as possible. This root area is necessary not only for the continued growth and health of the tree, but also for its structural stability after all of the surrounding existing trees have been removed and wind load becomes a greater factor. Therefore, the applicant shall place tree preservation fencing at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. If appropriate measures are taken to protect the tree during construction, the preservation will be successful and the value of this lot will increase. This property is fully wooded by a native forest of sugar maple and basswood, an ecosystem commonly referred to as the `Big Woods' that covered the majority of Chanhassen pre - settlement. The existing wooded area is in good condition with no significant number of undesirable or invasive species. The applicant is proposing a tree preservation easement in the rear yards of each lot located outside of the grading limits. COMPLIANCE TABLE Area (sq. ft.) Frontage (ft.) Depth Notes Code (RSF) 15,000 90 125 Code (OI) 15,000 75 150 Lot 1 RSF, large 56,506 drainage easement, 1.3 ac. Lot 2 29,513 RSF, 0.68 ac. Lot 3 28,256 RSF, 0.65 ac. Lot 4 27,604 RSF, 0.63 ac. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 7 Setbacks: RSF - 30 -ft. front, 10 -ft. side, 30 -ft. rear, wetland buffer 20 ft., wetland buffer setback 30 ft.; OI - 35 -ft. front,10 -ft. side, 30 -ft. rear, wetland buffer 20 ft., wetland buffer setback 30 ft. REVIEW CONDITIONS OF APPROVAL Parks & Recreation 1. In lieu of parkland dedication and /or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today's rate, these fees would total $23,200 (4 lots x $5,800 per lot). *This condition shall be modified as follows: Full park dedication fees of $23,200.00 shall be collected prior to recording the final plat. Building 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. *This condition still applies. 3. Each lot must be provided with a separate sewer and water service. * This condition still applies. 4. Demolition permits must be obtained before demolishing any existing structures. * This condition still applies. Area (sq. ft.) Frontage (ft.) Depth Notes Lot 5 2,206,650 OI, 50.66 ac. Tanadoona 37,457 ROW, 0.86 ac. 78`h St. W. 152,435 ROW, 3.5 ac. Total 2,538,421 58.27 acres Setbacks: RSF - 30 -ft. front, 10 -ft. side, 30 -ft. rear, wetland buffer 20 ft., wetland buffer setback 30 ft.; OI - 35 -ft. front,10 -ft. side, 30 -ft. rear, wetland buffer 20 ft., wetland buffer setback 30 ft. REVIEW CONDITIONS OF APPROVAL Parks & Recreation 1. In lieu of parkland dedication and /or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today's rate, these fees would total $23,200 (4 lots x $5,800 per lot). *This condition shall be modified as follows: Full park dedication fees of $23,200.00 shall be collected prior to recording the final plat. Building 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. *This condition still applies. 3. Each lot must be provided with a separate sewer and water service. * This condition still applies. 4. Demolition permits must be obtained before demolishing any existing structures. * This condition still applies. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 8 Natural Resources 1. The applicant shall plant a total of 29 trees in the development. A revised landscape plan shall be required prior to final plat approval. *This condition shall be modified as follows: The applicant shall plant a total of 29 trees in the development. 2. The applicant shall remove Amur maple from the plant list and replace it with an alternate ornamental tree. *This condition has been met. 3. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. * This condition still applies. 4. A tree preservation easement shall be recorded east of the grading limits on Lot 1, over the rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply a legal description for the easement. * This condition still applies. 5. Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city. * This condition still applies. Engineering 1. The grading plan shows steep slopes on Lots 2 and 4. Grading must be revised so that no slope is steeper than 3:1. *This condition shall be modified as follows! The gFadkig plan shows steep slopes on Tots 2 and n Grading must be re %4sed so a t No slope is shall be steeper than 3:1. 2. Grading plans must be revised to show existing and proposed elevations at each lot comer and the center of the proposed driveways at the curb line. *This condition has been met. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 9 3. The developer's engineer must revise plans to include spot elevations and building corner elevations that direct water flow away from all structures. *This condition has been met. 4. Grading plan must show spot elevations to illustrate where water will flow at the back of Lot 3. *This condition has been met. 5. The EOF shall be noted with arrows showing the direction of the overflow. *This condition still applies. 6. Include a lot benching detail in the plans. *This condition still applies. 7. Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. *This condition still applies. 8. Proposed stockpile areas must be indentified in the plans. *This condition still applies. 9. All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. *This condition still applies. 10. A preservation easement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. *This condition shall be modified as follows: A preservation easement is proposed shall be dedicated along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 11. A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. *This condition shall be modified as follows: A new drainage and utility easement shall be dedicated over the filtration basin and the channel on Lot 1 which will provide the City access to these stormwater facilities. 12. The developer's engineer must include the elevation of the top and bottom of the retaining walls. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 10 *This condition has been met. 13. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. *This condition still applies. 14. Grading must be revised to include a swale at the top of the retaining walls for drainage. *This condition shall be modified as follows: Grading must he rLp4sed to include a swale at the top of the retaining walls for drainage. 15. The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. The developer's engineer must incorporate pressure- reducing valves and a surge protection system into the watermain plans. *This condition shall be modified as follows: The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. The deve,e,.e_'„ engineer- must ineerpe_ ate pressure red e:.... valves an „ ...._t vteetio n system into the • atermai plans 16. At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed. *This condition still applies. 17. Partial water and sewer hookup fees must be paid at the time of final plat. *This condition still applies. Based on review of the final plat documents, staff recommends that the following condition be added: The driveway slope from Lot 4, Block 1 shall be revised to a grade between 0.5% and 10 %. Water Resources A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program must be prepared and submitted to the city for review and approval. *This condition has been met. 2. No native soils may be used in the filtration soil. Instead Mix B from the MN Stormwater Manual - 70% washed sand and 30% leaf - litter compost mixture shall be used. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 11 *This condition has been met. Pretreatment practices to be employed shall be shown on the plan view and in the detail sheet. This shall be shown at the curb cut. It is highly recommended that something similar to the Rain Guardian developed by Anoka Conservation District be used. The pretreatment device must be approved by the City. *This condition has been met. 4. It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site. *This condition shall be modified as follows: The filtration feature shall be constructed prior to the construction of any houses. It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site 5. Remove the filter fabric from the detail and use a choker course of rock instead. *This condition has been met. 6. The underdrain shall be smooth walled and have a tracer wire. *This condition still applies. 7. A knife gate valve shall be included prior to the underdrain entering the proposed 27 -inch manhole. This valve shall be reasonable easy to access. *This condition has been met. 8. Calculations shall be provided demonstrating that the feature will draw down within 48 hours. *This condition has been met. 9. Efforts shall be made to decrease the depth as close as possible to the 9.6 inches but no greater than the 14.4 inches recommended for MH HSG B soils. *This condition has been met. 10. Side slopes shall be no steeper than 5:1 and as close to 10:1 as possible except that the south boundary may be up to 3:1. *This condition has been met. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 12 11. The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. *This condition still applies. 12. A detailed planting plan and schedule must be developed and included in plan set for approval. *This condition still applies. 13. The in -situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. *This condition still applies. 14. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. This condition shall be modified as follows: The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Home Owners' Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. This shall be recorded against the property. 15. The applicant shall include tree 119 and 129 into the protection plan. *This condition has been met. 16. The drainage and utility easement shall extend from top of bank to top of bank for the proposed channel. *This condition has been met. 17. The 988 and 986 contours shall be broadened to create a more laminar flow before discharging onto city right -of -way. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 13 *This condition has been met. 18. The plan shall maintain a separation of at least two (2) feet between peak flow elevation in the channel during the 100 -year storm event and the top of bank for that portion behind the proposed structure on Lot 1. *This condition has been met. 19. The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. *This condition still applies. 20. A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. *This condition still applies. 21. An estimated surface water management connection fee of $14,066.50 will be due with the final plat. *This condition shall be modified as follows: A estimated Surface water management connection fee of $14,066.50 will be due with the final plat. 22. The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. *This condition still applies. Based on review of the final plat documents, staff recommends that the following conditions be added: The Construction Sequencing section of the SWPPP must discuss the following elements: a. Channel grading and stabilization; b. Timing of the curb cuts; c. Installation of the rain guardian. The SWPPP must indicate who is responsible for the maintenance of the permanent stormwater management practices on the site and a maintenance plan to assure performance of the practice as listed in Part IIIA 5 k. The developer must assume responsibility of the maintenance initially. This can transfer with property ownership but must be disclosed to any subsequent owner in writing. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 14 Plannine 1. Lots 1 through 4 are the only lots included in the land use map amendment from Public /Semi - Public to Residential Low Density. *This condition still applies 2. Approval of the Land Use Amendment is subject to Metropolitan Council determination of consistency with system plan. *This condition has been met. 3. Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single - Family Residential. *This condition still applies. 4. Approval of the Rezoning is contingent upon approval of the final plat and execution of the development contract. *This condition has been met. Based on review of the final plat documents, the applicant was informed that they needed to revise the plat to remove the 1.59 acres in the southeast corner of the plat from the subdivision. This has been incorporated into the final plat submitted to City Council for approval. DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $176,227.42 financial security is required to guarantee compliance with the terms of the development contract relating to site grading, drainage system installation and maintenance, engineering, surveying, inspection, and landscaping. The cash fees for this project total $94,868.38. City funds are not needed as part of this private development project. PLANS & SPECIFICATIONS The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant's engineer to modify the plans accordingly. The plans and specifications are available for review in the Engineering Department. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 15 Staff recommends approval of the final plat, development contract and plans and specifications prepared by Otto Associates, dated April 23, 2014 and April 18, 2014 respectively, for Arbor Cove subject to the following conditions: Parks & Recreation 1. Full park dedication fees of $23,200.00 shall be collected prior to recording the final plat. Buildin¢ 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. 3. Each lot must be provided with a separate sewer and water service. 4. Demolition permits must be obtained before demolishing any existing structures. Natural Resources 1. The applicant shall plant a total of 29 trees in the development. 2. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. A tree preservation easement shall be recorded east of the grading limits on Lot 1, over the rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply a legal description for the easement. 4. Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city. Engineering 1. No slope shall be steeper than 3:1. 2. The EOF shall be noted with arrows showing the direction of the overflow. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 16 3. Include a lot benching detail in the plans. 4. Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. 5. Proposed stockpile areas must be identified in the plans. 6. All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. 7. A preservation easement shall be dedicated along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 8. A drainage and utility easement shall be dedicated over the filtration basin and the channel on Lot 1 which will provide the City access to these stormwater facilities. 9. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber.. 10. Grading must include a swale at the top of the retaining walls for drainage. 11. The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. 12. At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed. 13. Partial water and sewer hookup fees must be paid at the time of final plat. 14. The driveway slope from Lot 4, Block 1 shall be revised to a grade between 0.5% and 10 %. Water Resources 1. The filtration feature shall be constructed prior to the construction of any houses. It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site 2. The underdrain shall be smooth walled and have a tracer wire. 3. The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. 4. A detailed planting plan and schedule must be developed and included in plan set for approval. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 17 5. The in -situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. 6. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. This shall be recorded against the property. 7. The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. 8. A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. 9. Surface water management connection fee of $14,066.50 will be due with the final plat. 10. The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. 11. The Construction Sequencing section of the SWPPP must discuss the following elements: a. Channel grading and stabilization; b. Timing of the curb cuts; c. Installation of the rain guardian. 12. The SWPPP must indicate who is responsible for the maintenance of the permanent stormwater management practices on the site and a maintenance plan to assure performance of the practice as listed in Part IIIA 5 k. The developer must assume responsibility of the maintenance initially. This can transfer with property ownership but must be disclosed to any subsequent owner in writing. Plannin¢ 1. Lots 1 through 4 are the only lots included in the land use map amendment from Public /Semi - Public to Residential Low Density. 2. Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single - Family Residential. Todd Gerhardt Arbor Cove — Planning Case 2014 -06 June 9, 2014 Page 18 ATTACHMENTS 1. Reduced Copy Final Plat. 2. Development Contract. 3. Reduced Copy Plans. 4. 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IMPROVEMENTS ......................................................................... ............................... SP -2 5. TIME OF PERFORMANCE .............................................................. ...........................SP -2 6. SECURITY ......................................................................................... ...........................SP -2 7. NOTICE .............................................................................................. ...........................SP -3 8. OTHER SPECIAL CONDITIONS ................................................. ............................... SP -3 9. GENERAL CONDITIONS ............................................................ ............................... SP -7 GENERAL CONDITIONS 1. RIGHT TO PROCEED ...................................................................... ...........................GC -1 2. PHASED DEVELOPMENT ............................................................. ...........................GC -1 3. PRELIMINARY PLAT STATUS ..................................................... ...........................GC -1 4. CHANGES IN OFFICIAL CONTROLS .......................................... ...........................GC -I 5. IMPROVEMENTS ............................................................................ ...........................GC -1 6. IRON MONUMENTS ....................................................................... ...........................GC -2 7. LICENSE ........................................................................................... ...........................GC -2 8. SITE EROSION AND SEDIMENT CONTROL .............................. ...........................GC -2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OROTHER BUILDING ....................................................... ...........................GC -2 9. CLEANUP ........................................................................................ ...........................GC -3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ......... ...........................GC -3 11. CLAIMS ............................................................................................ ...........................GC -3 12. PARK DEDICATION ....................................................................... ...........................GC -3 13. LANDSCAPING ............................................................................... ...........................GC -3 14. WARRANTY .................................................................................... ...........................GC -4 15. LOT PLANS ...................................................................................... ...........................GC -4 16. EXISTING ASSESSMENTS ............................................................ ...........................GC -4 17. HOOK -UP CHARGES ...................................................................... ...........................GC -4 18. PUBLIC STREET LIGHTING .......................................................... ...........................GC -4 19. SIGNAGE .......................................................................................... ...........................GC -5 20. HOUSEPADS ................................................................................... ...........................GC -5 21. RESPONSIBILITY FOR COSTS ..................................................... ...........................GC -5 22. DEVELOPER'S DEFAULT .............................................................. ...........................GC -6 22. MISCELLANEOUS A. Construction Trailers ............................................................. ...........................GC -6 B. Postal Service ......................................................................... ...........................GC -7 C. Third Parties ........................................................................... ...........................GC -7 D. Breach of Contract ................................................................. ...........................GC -7 E. Severability ............................................................................ ...........................GC -7 i F. Building Permits ................................ ............................... G. Waivers / Amendments ....................... ............................... H. Release ............................................... ............................... I. Insurance ............................................ ............................... J. Remedies ............................................ ............................... K. Assignability ...................................... ............................... L. Construction Hours ............................ ............................... M. Noise Amplification ........................... ............................... N. Access ............................................... ............................... O. Street Maintenance ............................ ............................... P. Stone Sewer Maintenance ................ ............................... Q. Soil Treatment Systems .................... ............................... R. Variances ........................................... ............................... S. Compliance with Laws, Ordinances, and Regulations .... T. Proof of Title ..................................... ............................... U. Soil Conditions .................................. ............................... V. Soil Correction .................................. ............................... W. Haul Routes ........................................... ............................... X. Development Signs ............................... ............................... Y. Construction Plans ................................ ............................... Z. As -Built Lot Surveys ............................ ............................... ii ............................. GC -7 ............................. GC -7 ............................. GC -7 ............................. GC -7 ............................. GC -8 ............................. GC -8 .. ...........................GC -8 ............................. GC -8 ............................. GC -8 ............................. GC -8 ............................. GC -9 ............................. GC -9 ............................. GC -9 ............................. GC -9 ............................. GC -9 ........................... GC-10 ........................... GC -10 ............................. GC -10 ............................. GC -10 ............................. GC-10 ............................. GC -11 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) ARBOR COVE SPECIAL PROVISIONS AGREEMENT dated June 9, 2014 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, DOGWOOD ROAD LLC (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for ARBOR COVE (referred to in this Contract as the "plat "). The land is legally described on the attached Exhibit "A ". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, f wtish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved June 9, 2014, prepared by OTTO ASSOCIATES ENGINEERS AND LAND SURVEYORS, INC. Plan B: Grading, Drainage and Erosion Control Plan dated April 18, 2014, prepared by OTTO ASSOCIATES ENGINEERS AND LAND SURVEYORS, INC. Plan C: Plans and Specifications for Improvements dated April 23, 2014, prepared by OTTO ASSOCIATES ENGINEERS AND LAND SURVEYORS, INC. Plan D: Landscape Plan dated April 21, 2014, prepared by MIDWEST LANDSCAPES, INC. SP -1 4. Improvements. The Developer shall install and pay for the following: A. Storm Water Drainage System B. Site Grading/Restoration C. Underground Utilities (e.g. gas, electric, telephone, CATV) D. Setting of Lot and Block Monuments E. Surveying and Staking F. Landscaping G. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2014. The Developer may, however, request an extension of time from the City Engineer. 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. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ( "security') for $176,227.42. The amount of the security was calculated as 110% of the following: Storm Sewer, Drainage System, including cleaning and maintenance $ 16,007.00 Site Grading/Erosion Control/Restoration $ 119,199.75 Sub - total, Construction Costs $ 135,206.75 Engineering, surveying, and inspection (7% of construction costs) $ 10,000.00 Landscaping $ 15,000.00 Sub - total, Other Costs $ 38,564.64 TOTAL COST OF PUBLIC IMPROVEMENTS $ 160,206.75 SECURITY AMOUNT (110% of $160,206.75) $ 176,227.42 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. SP -2 7. Notice. 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: TODD M. SINNING DOGWOOD ROAD, LLC P.O. BOX 218 CHANHASSEN, MN 55317 Phone: 612 - 802 -2600 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. 8. Other Special Conditions. A. SECURITIES AND FEES A $176,227.42 letter of credit or escrow for the developer - installed improvements, the $94,868.38 cash administration fee and the fully- executed development contract must be submitted and shall be submitted prior to scheduling a pre - construction meeting. The cash fees were calculated as follows: Administration fee: 3% of $160,206.75 $ 4,806.20 GIS fee: $25 (plat) + (5 parcels x $10 /parcel) $ 75.00 Surface water management fee $ 14,066.50 Park Dedication Fee $ 23,200.00 Partial sewer hookup fee: 4 units x $664 /unit $ 2,656.00 Partial water hookup fee: 4 units x $1,886 /unit $ 7,544.00 Total cash fee $ 94,868.38 B. BUILDING OFFICIAL CONDITIONS OF APPROVAL: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. 3. Each lot must be provided with a separate sewer and water service. 4. Demolition permits must be obtained before demolishing any existing structures. C. PLANNING DEPARTMENT CONDITIONS OF APPROVAL: SP -3 5. Lots 1 through 4 are the only lots included in the land use map amendment from Public /Semi - Public to Residential Low Density. 6. Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single - Family Residential. D. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL: 7. No slope shall be steeper than 3:1. 8. The Emergency Overflow (EOF) shall be noted with arrows showing the direction of the overflow. 9. Include a lot benching detail in the plans. 10. Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. 11. Proposed stockpile areas must be indentified in the plans. 12. All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. 13. A preservation easement shall be dedicated along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 14. A drainage and utility easement is required over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. 15. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 16. Grading must be revised to include a swale at the top of the retaining walls for drainage. 17. The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. 18. At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed to the newly created lots. 19. Partial water and sewer hookup fees must be paid at the time of final plat. 20. The driveway grade shall be revised to a slope between 0.5% and 10 %. E. ENVIRONMENTAL RESOURCES SPECIALIST CONDITIONS OF APPROVAL: 21. The applicant shall plant a total of 29 trees in the development SP -4 22. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. 23. A tree preservation easement shall be recorded east of the grading limits on Lot 1, over the rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply a legal description for the easement. 24. Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city before installation. F. PARKS AND RECREATION DIRECTOR CONDITION OF APPROVAL: 25. Full park dedication fees of $23,200.00 shall be collected prior to recording the final plat. G. WATER RESOURCE COORDINATOR CONDITIONS OF APPROVAL: 26. The filtration feature shall be constructed prior to the construction of any houses. It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site 27. The underdrain shall be smooth walled and have a tracer wire. 28. The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. 29. A detailed planting plan and schedule must be developed and included in plan set for approval. 30. The in -situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. 31. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Home Owners' Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. This shall be recorded against the property. SP -5 32. The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized.. 33. A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. 34. Surface water management connection fee of $14,066.50 will be due with the final plat. 35. The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. 36. The Construction Sequencing section of the SWPPP must discuss the following elements: a. Channel grading and stabilization; b. Timing of the curb cuts; c. Installation of the rain guardian. 37. The SWPPP must indicate who is responsible for the maintenance of the permanent stormwater management practices on the site and a maintenance plan to assure performance of the practice as listed in Part IIIA 5 k. The developer must assume responsibility of the maintenance initially. This can transfer with property ownership but must be disclosed to any subsequent owner in writing. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -6 CITY OF CHANHASSEN F-W (SEAL) AND: Thomas A. Furlong, Mayor Todd Gerhardt, City Manager STS PROPERTY, a LLC: STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) TODD M. SIMNING, Its Vice President 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 PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005, by TODD M. SIMNING, Vice President of STS PROPERTY, a Minnesota Limited Liability Company, on behalf of the company. I� \:YY:1H:l•E City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 SP -7 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5`h Principal Meridian, described as follows: Beginning at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds West, a distance of 822.99 feet; thence South 01 degrees 58 minutes 09 seconds East, a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West, a distance of 368.57 feet; thence South 41 degrees 10 minutes 18 seconds West, a distance of 410.76 feet; thence South 07 degrees 50 minutes 18 seconds West, a distance of 350.24 feet; thence South 13 degrees 35 minutes 53 seconds East, a distance of 397.22 feet; thence South 08 degrees 05 minutes 03 seconds East, a distance of 38.84 feet; thence North 89 degrees 43 minutes 07 seconds West about 385 feet, to the shoreline of Lake Minnewashta; thence southerly along said shoreline, to the south line of Government Lot 8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of Government Lot 8 about 1756 feet to the southeast corner of said Government Lot 8; thence South 89 degrees 32 minutes 26 seconds East, along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast corner of said Northwest Quarter of the Southwest Quarter; thence North 00 degrees 34 minutes 36 seconds West, a distance of 281.21 feet; thence South 89 degrees 40 minutes 26 seconds East, a distance of 225.90 feet; thence North 00 degrees 23 minutes 47 seconds West, a distance of 17.74 feet; thence North 89 degrees 05 minutes 22 seconds East, a distance of 20.56 feet, to the east line of said Northwest Quarter of the Southwest Quarter; thence North 00 degrees 54 minutes 38 seconds West; along last said East line, a distance of 1046.12 feet to said point of beginning. EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5' Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 451.81 feet to the point of beginning. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5a` Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet, to point hereinafter referred to as "Point A ", thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 115.18 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 131.14 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 355.20 feet; to a point distant 63 8.5 8 feet northwesterly from the above referenced "Point A"; thence North 87 degrees 00 minutes 49 seconds West, a distance of 822.99 feet; thence South 01 degrees 58 minutes 09 seconds East, a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West, a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East, a distance of 1266.35 feet to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East, a distance of 390.62 feet to the point of beginning. ALSO EXCEPT: All of Zimmerman Farm 1 st Addition, according to the recorded plat thereof, including Lots 1 and 2, Block 1, and the roads dedicated to the public in said plat. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty -three (23) West of the 5' Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet to the point of beginning of the land to be described; thence continuing North 10 degrees 46 minutes 16 seconds East, a distance of 56.31 feet; thence North 69 degrees 42 minutes 15 seconds West, a distance of 131.82 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 60.84 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning. ALSO EXCEPT: That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty Three (23) West of the 5t' Principal Meridian, described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West (based on a bearing of North 00 degrees 35 minutes 15 seconds West for a straight line between the northwest corner and the southwest corner of Section 9), a distance of 750.1 feet to the point of beginning of the land to be described; thence continue North 69 degrees 42 minutes 15 seconds West, a distance of 228.35 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet to the northerly corner of the easterly end of Field Lane, dedicated in Sunset Hill on Lake Minnewashta, according to the found monumentation of the recorded plat thereof; thence South 38 degrees 21 minutes 19 seconds East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly comer of said easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West, along the southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 60.84 feet to said point of beginning. ALSO EXCEPT: The Westerly 30.00 feet thereof. AND r16F.Tetd:l That part of the Northwest Quarter (NW '/) of the Southwest Quarter (SW '/) of Section 9, Township 116 North, Range 23 West of the 5t' Principal Meridian, described as follows: Beginning at the southeast corner of said Northwest Quarter (NW 1/) of the Southwest Quarter (SW ' /); thence on an assumed bearing of North 89 degrees 33 minutes 03 seconds West, along the south line of said Northwest Quarter (NW Y) of the Southwest Quarter (SW ' /), a distance of 248.27 feet; thence North 00 degrees 35 minutes 13 seconds West a distance of 131.30 feet; thence South 89 degrees 09 minutes 03 seconds East, a distance of 247.58 feet to the east line of said Northwest Quarter (NW '/) of the Southwest Quarter (SW ' /); thence South 00 degrees 54 minutes 38 seconds East, along said east line, a distance of 129.59 feet to the point of beginning, according to the plat on file or of record in the office of the County Recorder, Carver County, Minnesota. That part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 23 West of the 5u' Principal Meridian described as follows: Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees 33 minutes 03 seconds West, along the South line of said Northwest Quarter of the Southwest Quarter, a distance of 248.27 feet; thence North 00 degrees 35 minutes 13 seconds West, a distance of 131.30 feet to the point of beginning of the land to be described; thence North 00 degrees 35 minutes 13 seconds West, a distance of 149.91 feet; thence South 89 degrees 41 minutes 03 seconds East, a distance of 246.67 feet to the east line of said Northwest Quarter of the Southwest Quarter; thence South 00 degrees 54 minutes 38 seconds East, along said east line, a distance of 152.23 feet to the intersection with a line which bears South 89 degrees 09 minutes 03 seconds East from the point of beginning; thence North 89 degrees 09 minutes 03 seconds West, a distance of 247.58 feet to the point of beginning. Together with an easement for driveway purposes over the west 25.00 feet of the east 50.00 feet of the following described property. That part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 23 West of the 5' Principal Meridian described as follows: Beginning at the southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees 33 minutes 03 seconds West, along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 248.27 feet; thence North 00 degrees 35 minutes 13 seconds West, a distance of 131.30 feet; thence South 89 degrees 09 minutes 03 seconds East, a distance of 247.58 feet to the east line of said Northwest Quarter of the Southwest Quarter; thence South 00 degrees 54 minutes 38 seconds East, along said East line, a distance of 129.59 feet to the point of beginning. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20. STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, 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 20_. STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20� by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 of (Name of Bank) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (,Address of Bank) on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty - five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. ME Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed.. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi- phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC -1 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer /inspector to respond to questions from the City hispector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Star. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. 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 plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment 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 and sediment 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 and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport 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 the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC -2 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7 -22. 9. 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. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one -half (2'/2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC -3 October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7 -22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25 %) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re- spread against the plat in accordance with City standards. 17. Hook -up Charges.. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook -up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook -up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC -4 ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as- built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3 %) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3 %) of construction costs for the first $500,000 and two percent (2 %) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one -half percent (2%2 %) of construction costs for the first $1,000,000 and one and one -half percent (1'/2 %) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. GC -5 C. 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 plat 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. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. 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. 23. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre - construction meeting for installation of public improvements. Trailers shall be removed from the subject property within GC -6 thirty (30) days following the acceptance of the public improvements 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 Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and re- vegetated in accordance with Plan B of the development plans. 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. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make a written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. hnsurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City GC -7 must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed 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. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick -up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhoms, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Wanting signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street GC -8 base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off -site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20 %) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment S, ss�. 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 platting 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. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat 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(s); 5. Metropolitan Government, its agencies, departments and commissions. T. 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 to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the properly 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. GC -9 V. 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. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full -size construction plans and four sets of 11 "x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full -size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. Rev. 3/31/06 GC -10 ani 43 LU x € U uj It Zoo �3= Q ❑UU z ga _ - - A / hy.. a / Ap hN ` ---_, - ze <asw, -- s TTA — I e4. I @ I e $ _ I I a I � E ag� P e c �Ce§ gg I -WII IR:L= � N §E8 a e g lI —L, € HE _ l P g 0° Eli W g `61 Re Opi s 9d9g�gS�E: O I � �k8�49g9qP` -„ w N 5y b HER 50 LU l L P V a 0 Sf W — W — 3 O•� a / P! 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S£ zs i g e bg ' aaa ��C� iL ;` s $EeSiakr j Y 0 `dd d o w G / 0 i8� i r b$ w� a,y,.r».r rM�l� dam'• /// R A 1��1 / p k mp ? 5¢ zip s s �fF ysa4 YY ea e €i' Y ! p� d� 0 Sz �a O H LLJ U >JIZ O h cr U Q o i v v Pp v nO/ 1 ��, Ia � E e Conservation Easement AREA PROPEh„ A perpetual conservation easement over, under, and across that port of Lots 1, 2, 3, and 4, Block 1, ARBOR COVE, Carver County, Minnesota, according to the recorded plot thereof that lies Easterly of the following described line: Commencing at the Southeast corner of said Lot 4; thence an on assumed bearing of North 74 degrees 24 minutes 10 seconds West, along the Southerly line of said Lot 4, o distance of 78.92 feet to the point of beginning of said line., thence North 33 degrees 41 minutes 31 seconds East, a distance of 100.27 feel to the Southerly line of said Lot 3; thence North 68 degrees 78 minutes 12 seconds East, along said South line, a distance of 10.22 feet; thence North 33 degrees 41 minutes 3/ seconds East, a distance of 204.17 feet; thence North 73 degrees 23 minutes 10 seconds East, a distance of 77.71 feet; thence North 15 degrees 44 minutes 27 seconds Eost, o distance of 66.94 feet; thence North 19 degrees 11 minutes 15 seconds West, a distance of 87.19 feel; thence North 06 degrees 33 minutes 54 seconds West, o distance of 7387 feet to the North line of said Lot 1 and said line there terminating. i hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that / am a duly Licensed Land Surveyor under the laws of the State of Minnesota. ;4-te'-�F-agp Paul E. Otto License #40062 Date: 5/8/44 0 denotes iron monument found rcequesteoey rcenseo: p denotes inch by inch eg w nro a°r.iron pipe se t end mark etl by w000a rrear 555ts License #40062 Date: Drawn By Sca /e: Ch- 1=601 By Qs ��•/ P6.a/6ez <rzr Project No. aaalAiEa Fax. (70)6&2J= 516114 PEO 1 " =60' PE O t° t3 —OStS