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CC Staff Report 10-27-2014CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952.227.1120 Fax: 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax 952.227.1110 F -1i MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Stephanie Smith, Project Engineer Bob Generous, Senior Planner DATE: October 27, 2014 vi/� SUBJ: Vistas at Bentz Farm Final Plat, Development Contract, and Plans & Specifications — Planning Case #2014 -18 PROPOSED MOTION "The Chanhassen City Council approves: 1. The final plat for Vistas at Bentz Farm with a variance for the use of a private street subject to the conditions of the staff report; 2. The development contract for Vistas at Bentz Farm; and 3. The plans and specifications for Vistas at Bentz Farm." Approval requires a majority vote of the City Council. PROPOSAL SUMMARY The applicant, Homestead Partners, LLC, is requesting final plat approval to create 15 lots, 4 outlots and right -of -way for public streets for the property located north of Bluff Creek on the west side of Galpin Boulevard. BACKGROUND Chanhassen is a Community for Life - Providing forTodayand Planning torTomorrow On May 20, 2014, the Chanhassen City Council approved rezoning of the property Public Works from Agricultural Estate (A -2) to Residential -Low & Medium Density (RLM); a 7901 Park Place Conditional Use Permit to permit development within the Bluff Creek Corridor; and Phone: 952.227.1300 Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances Fax: 952.227.1310 for the use of a private street for a single- family detached subdivision. Senior Center Phone: 952.227.1125 On November 7, 1984, the Chanhassen City Council approved the subdivision of the Fax: 952.2271110 two lots within this project as part of a four -lot subdivision. A 60 -foot easement, 30 feet of which is along the north line of this development, was required to provide access to Website the parcel to the northwest of this development. www.ci.chanhassep.mn.us Chanhassen is a Community for Life - Providing forTodayand Planning torTomorrow Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 2 SUBDIVISION REVIEW The applicant is creating 15 lots and 4 outlots from 19.64 acres. The plat will dedicate the right of way for portions of Galpin Boulevard, Fawn Hill Road and Bentz Court. Lots 1 — 4, Block 1, will be accessed via a private street. Lots 1, 2 and 3, Block 1, are located within the shoreland district. Outlot A is entirely within the Bluff Creek Corridor primary zone and will be preserved as permanent open space. EASEMENTS The developer shall update the title search for this property to produce all records for the roadway easement over the northern part of this property. The proposed sanitary pipeline extends into the property to the north, so an easement for construction of the pipe is required between the developer and the property owner. A maintenance agreement must also be obtained between the property owner and the City. On Lots 1, 3 and 4, Block 1, the drainage and utility easement must be increased near the sanitary sewer main. The easement must be large enough for a 1:1 trench excavation for future maintenance of the sewer line. VISTAS AT BENTZ FARMS - OUTLOTC `W6'YlL1I' OUTLOTD _•- s VIN S SgTIREEERGGUISi.INC, EASEMENTS The developer shall update the title search for this property to produce all records for the roadway easement over the northern part of this property. The proposed sanitary pipeline extends into the property to the north, so an easement for construction of the pipe is required between the developer and the property owner. A maintenance agreement must also be obtained between the property owner and the City. On Lots 1, 3 and 4, Block 1, the drainage and utility easement must be increased near the sanitary sewer main. The easement must be large enough for a 1:1 trench excavation for future maintenance of the sewer line. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 3 GRADING Grading shall be revised to direct water away from the building corners. Spot elevations shall be shown near the southeast building corner of Lot 1, Block 1. The raised side yard shall be revised between Lots 9 and 10, Block I to direct water away from the building comers. The front yard grading of Lot 2, Block 2 shall be revised near the southeast corner. The grading on both sides of Lot 2, Block 2 must be revised to direct water away from the eastern comers of the building pad. The grading and storm water plans must show the location of emergency Overflows (EOF). The EOF from the north pond shall not discharge water onto the property north of this development. The lowest building opening for properties adjacent to an EOF must be a minimum of one foot above the EOF elevation. The grading plan must show proposed driveway locations and elevations at the center of the proposed driveway at the curb line. The maximum allowed driveway grade is 10 %. The driveways for Lot 5, Block 1 and Lot 1, Block 2 must be a minimum of 40 feet away from the intersection of Fawn Hill Road and Windsor Court. Erosion Prevention and Sediment Control The development will result in a disturbance of greater than one (1) acre. A SWPPP shall be required. CONNECTION CHARGES Surface Water Management connection charges will be due with the final plat. These fees are estimated as follows. RETAINING WALLS The developer proposes a retaining wall on this site. It will run north to south at the back of Lots 13, 14 and 15. It is approximately 175 feet long and has a maximum height of 4 feet. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured -in -place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Rate Per Acre Acre Sum Water Quality $2,830.00 9.72 $29,062.80 Water Quantity $4,050.00 9.72 $41,504.40 (Credit) $1,415.00 15.2 ($22,724.00) Total Estimate SWMP Fees Due at Final Plat $47,84120 RETAINING WALLS The developer proposes a retaining wall on this site. It will run north to south at the back of Lots 13, 14 and 15. It is approximately 175 feet long and has a maximum height of 4 feet. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured -in -place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 4 A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. STREETS The proposed street plan consists of two streets, one public and one private. The public street will be called Fawn Hill Road and the ghost plat shows that it is planned to connect to the existing Fawn Hill Road once the parcel between the two develops. Until the connection is made, the proposed roadway will end in a hammerhead. The street profile for Fawn Hill Road is proposed to tie -in to the existing Fawn Hill Road at a 10% grade. This exceeds the maximum grade currently allowed in City Code, however the existing Fawn Hill Road (constructed in 1995) is at a 10% slope. This steep grade in the new roadway is necessary to match up to the existing condition. The street profile for Fawn Hill Road shall be revised to indicate which part will be completed by others and which part will be completed for the Vistas at Bentz Farms. The street profile shall call out the future intersection with Bentz Court. The Fawn Hill Road alignment consists of reverse curves to discourage future through traffic. The roadway is 31 feet wide within a 60 -foot right -of -way. The cars from Fawn Hill Road turning onto Galpin Blvd will have a sight distance of 1000 feet or more in each direction, which is adequate (per the MnDot Road Design Manual) for intersection sight distance for a stopped minor road turning onto a major road. The sight distance was confirmed by staff by the Carver County aerial survey contours from 2011 and visual inspection of the site. A stop sign shall be installed for traffic on Fawn Hill Road to come to a stop before entering Galpin Boulevard. The private street is called Windsor Court. It is a 317 -foot long cul -de -sac with a 90 -foot diameter. Windsor Court is 20 feet wide within 30 feet of right -of -way. It intersects with Fawn Hill Road approximately 110 feet from the intersection with Galpin Boulevard. The grading plan for Windsor Court shows an inverted crown. This would contain runoff to the street where winter freeze /thaw conditions would damage the pavement. The plan shall be modified so that Windsor Court is constructed with the 3% crown, per the City's standard detail. Curb and gutter are required for this private street. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 5 DRIVEWAYS AND SIDEWALKS The driveway for Lot 11, Block 1 is set at the end of Fawn Hill Road. The developer shall work with staff to provide access for vehicles exiting the driveway to navigate onto the roadway. The developer's engineer shall work with Carver County staff to obtain any necessary permits to remove the farm drives and the culverts underneath them. AB m Sidewalk will be constructed on the west side of Fawn Hill Road. The plans shall indicate the construction of ADA pedestrian ramps where the sidewalk intersects Galpin Boulevard and Windsor Court. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. SANITARY SEWER AND WATERMAIN The developer proposes to construct new 8 -inch watermain that will connect to the existing 20- inch DIP watermain that runs parallel to Galpin Boulevard. The hydrant at 1 +50 Windsor Court should be moved to the intersection of Windsor Court and Fawn Hill Road. Adjust plans to show only one hydrant at the intersection of Fawn Hill Road and Galpin Boulevard. The developer proposes to construct new 8 -inch PVC sanitary sewer that will connect to the existing manhole approximately 100 feet north of the intersection of Galpin Boulevard and West 78th Street. A permit must be obtained from Carver County for sanitary sewer work inside their right of way. The engineer shall work with City staff to reduce the number of sanitary maintenance holes in the plan. ASSESSMENTS An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. Water and sewer partial hook -ups are due at the time of final plat. The partial hook -up fees will be assessed at the rate in effect at that time. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 6 LANDSCAPING AND TREE PRESERVATION The applicant for the Vistas at Bentz Farms development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 15 ac. or 656,097 SF Baseline canopy coverage 43% or 287,870 SF Minimum canopy coverage allowed 35% or 229,633 SF Proposed tree preservation 26% or 171,665 SF The developer 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. Difference in canopy coverage 57,968 SF Multiplier 1.2 Total replacement 69,561 SF Total number of trees to be planted 63 trees The total number of trees required for the development is 63. Applicant has proposed a total of 64 trees. A minimum of one tree in each front yard is required per city ordinance. The applicant is required to provide bufferyard plantings along Galpin Blvd. Bufferyard requirements are as shown in the table: Landscaping Item Required Proposed Bufferyard B — East 8 overstory trees Proposed buffer yard — north of entry: property line, Galpin 16 understory trees 17 existing overstory trees Blvd., 1000', 30' width 22 shrubs Thick understory trees and shrubs Proposed buffer yard — south of entry: 5 overstory trees 12 understory trees 11 shrubs + 5 existing preserved trees. Applicant constructing berms Applicant meets bufferyard landscaping requirements. The applicant is proposing to preserve five overstory trees in the southern half of the bufferyard along Galpin B. The tree ( #416) closest to the entry drive is a blue spruce in poor condition. Staff recommends that this tree be removed due to its poor quality. The next tree to the south is a large willow (#421) that has a good appearance, but has lost a second trunk which will be visible once the leaves have dropped. There may also be decay in the stem which would make it more likely to fail. The southernmost tree to be preserved is a sugar maple (#432) in good condition and extra measures should be taken to insure that the health of the tree remains as such. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 7 Tree protection fencing shall be installed at the edge of the dripline and the berm and bufferyard grading shall not encroach into the dripline area. The applicant is also proposing to save the existing trees on the north half of the bufferyard area along Galpin Blvd. Staff recommends that all hazard or diseased trees within the area be removed prior to final acceptance of the completed development. COMPLIANCE TABLE Area (s q. ft. ) Frontage ft.) Dept (ft.) Notes Code (RLM) 9,000 50 A 110 Code (Shoreland) 15,000 90 125 Lot 1, Blk 1 80,586* 104@ 340 Shoreland, Bluff Creek primary, private street, wetland , *81,460 with private street Lot 2, Blk 1 32,234* 104@ 345 Shoreland, Bluff Creek primary, private street, wetland, *34,540 with private street Lot 3, Blk 1 32,234* 101@ 424 Shoreland, Bluff Creek primary, private street, wetland, 42,671 with privates street Lot 4, Blk 1 30,056* 100@ 334 Bluff Creek primary, private street, wetland, *46,226 with private street Lot 5, Blk 1 18,917 50 180 Bluff Creek primary, wetland Lot 6, Blk 1 16,630 81 236 Bluff Creek primary, wetland Lot 7, Blk 1 15,642 70 226 Bluff Creek primary, wetland Lot , Blk 18 16,266 80 246 Bluff Creek primary, wetland Lot 9, Blk 1 14,792 97 263 Bluff Creek primary, wetland Lot 10, Blk 1 18,423 71 263 Bluff Creek primary, lot has 233 s . ft. of wetland, wetland Lot 11, Blk 1 18,275 69 261 Bluff Creek primary, wetland Lot 1, Blk 2 18,616 208 176 Corner lot Lot 2, Blk 2 15,066 66 199 Double front Lot 3, Blk 2 21,077 69 207 Double front Lot 4, Blk 2 17,017 82 196 Corner lot Outlot A 343,169 Bluff Creek primary zone, 7.88acres Outlot B 21,783 Pond and future development, 0.5 acre Outlot C 415 Future development, 0.01 acre Outlot D 5,837 Future development, 0.13 acre ROW 88,931 2.04 acres Total 1 855,753 1 1 19.645 acres Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 8 @ 100 feet of frontage if accessed via a private street. Setbacks: RLM: front - 25 -ft., 5 110 -ft. side, 25 -ft. rear, wetland buffer -20 ft., buffer setback - 30 ft. Hard Cover: Shoreland — 25 %, Non - shoreland — 35% DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $940,916.89 financial security is required to guarantee compliance with the terms of the development contract relating to the installation of public streets and utilities, grading and erosion control, one -year of public street light operating costs, engineering, surveying, inspection, and landscaping. The cash fees for this project total $233,342.89. 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. REVIEW CONDITIONS OF APPROVAL Building Official 1. Provide a 1:200 "clean" plat drawing. *This condition still applies. 2. Demolition permits are required for the removal of any existing structures. *This condition still applies. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. *This condition still applies. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. *This condition still applies. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 9 Retaining walls over four feet high require a permit and must be designed by a professional engineer. *This condition still applies. 6. Each lot must be provided with separate sewer and water services. *This condition still applies. 7. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. *This condition still applies. Engineering 1. The developer shall update the title search for this property and find the documentation for the roadway easement on Parcel 2. *This condition still applies. 2. The final plan submittal must show the proposed elevation at the proposed building corners. *This condition has been met. 3. Proposed lots shall be graded to drain away from building locations. *This condition shall be modified as follows: Proposed lets ..w., I be ,,.aged to a...,;., away from w,.aa;. g i,,e trans Grading shall be revised to direct water away from the building corners. Spot elevations shall be shown near the southeast building corner of Lot 1, Block 1. The raised side yard shall be revised between Lots 9 and 10, Block 1 to direct water away from the building corners. The front yard grading of Lot 2, Block 2 shall be revised near the southeast corner. The grading on both sides of Lot 2, Block 2 must be revised to direct water away from the eastern corners of the building pad. 4. The grading plan must show proposed elevations at the center of the proposed driveway at the curb line. *This condition shall be modified as follows: The grading plan must show proposed driveway locations and elevations at the center of the proposed driveway at the curb line. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 10 5. The lowest building opening for properties adjacent to an Emergency Over -Flow (EOF) must be a minimum of 1 foot above the EOF elevation. *This condition still applies. 6. The plans must identify proposed stockpile areas. *This condition has been met. The retaining wall must be designed by a professional engineer registered in the state of Minnesota. *This condition no longer applies. 8. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6 feet shall not be constructed with boulder rock. *This condition shall be modified as follows: The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6 feet shall not be constructed with boulder rock. 9. A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. *This condition still applies. 10. Curb and gutter are required for the private street. *This condition still applies. 11. The engineering department's preference would be to remove the farm drives and the culverts underneath them. The developer's engineer shall work with Carver County staff to accomplish this. *This condition still applies. 12. The proposed watermain pipe shall by C900. *This condition has been met. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 11 13. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. *This condition still applies. 14. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. *This condition still applies. 15. Water and sewer partial hook -ups are due at the time of final plat. The partial hook -up fees will be assessed at the rate in effect at that time. *This condition still Applies. Based on review of the final development plans, staff recommends that the following conditions be added: 16. The driveways for Lot 5, Block 1 and Lot 1, Block 2 must be a minimum of 40 feet away from the intersection of Fawn Hill Road and Windsor Court. 17. The grading and storm water plans must show the location of Emergency Over - Flows. 18. The EOF from the north pond shall not discharge water onto the property north of this development. 19. The grading plan for Windsor Court shows an inverted crown. This would contain runoff to the street where winter freeze /thaw conditions would damage the pavement. The plan shall be modified so that Windsor Court is constructed with the 3% crown, per the City's standard detail. 20. The street profile for Fawn Hill Road shall be revised to indicate which part will be completed by others and which part will be completed for the Vistas at Bentz Farms. 21. The street profile shall call out the intersection with Bentz Court. 22. A stop sign shall be installed for traffic on Fawn Hill Road to come to a stop before entering Galpin Boulevard. 23. The developer shall work with staff to provide access for vehicles exiting the driveway of Lot 11, Block 1 to navigate onto the roadway. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 12 24. The plans shall indicate the construction of ADA pedestrian ramps where the sidewalk intersects Galpin Boulevard and Windsor Court. 25. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. 26. The hydrant at 1 +50 Windsor Court should be moved to the intersection of Windsor Court and Fawn Hill Road. 27. Adjust plans to show only one hydrant at the intersection of Fawn Hill Road and Galpin Boulevard. 28. A permit must be obtained from Carver County for sanitary sewer work inside their right of way. 29. The engineer shall work with City staff to reduce the number of sanitary maintenance holes in the plan. 30. On Lots 1, 3 and 4, Block 1 the drainage and utility easements need to be increased near the sanitary sewer main. The easement must be large enough for a 1:1 trench excavation for future maintenance of the sewer line. 31. The detail plates in the plan set must be updated with the most current City of Chanhassen plates. 32. An easement for construction of the sanitary sewer is required between the developer and the property owner north of this development. A maintenance agreement must also be obtained between the property owner and the City. Fire Marshal 1. A three -foot clear space must be maintained around fire hydrants. *This condition still applies. 2. Prior to combustible construction, fire hydrants must be made serviceable. *This condition still applies. 3. Temporary street signs shall be installed prior to and during construction. *This condition still applies. 4. Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 13 *This condition still applies. 5. No burning permits will be issued for trees, brush that is removed. *This condition still applies. 6. The center island in the proposed cul du sac is not allowed. *This condition has been met. 7. Submit proposed private street name to Chanhassen Fire Marshal and Building Official for review and approval. *This condition has been met. 8. An additional fire hydrant will be required at the northwest corner of Galpin Boulevard and Fawn Hill Road. *This condition has been met. 9. "No Parking Fire Lane" signs will be required on the east side of the private drive /road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen Fire Marshal for more information if needed. *This condition still applies. Natural Resource Specialist Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading. *This condition still applies. 2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall revise the grading plan to show no grading within a 20' diameter around the trunk of the tree, with the exception of the street installation to the west of the tree. *This condition still applies. 3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final acceptance of the completed development. *This condition still applies. 4. Each lot shall have a minimum of three trees planted, at least one of those trees must be in the front yard. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 14 *This condition has been met. 5. In the plant schedule, the applicant should correct Picea abies as Norway spruce, not Norway pine. *This condition has been met. Parks 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the time of final plat recording. *This condition shall be modified as follows: The applicant shall pay $87,000.00 park fees in lieu of additional parkland dedication and/or trail construction, which shall be collected at the time of final plat recording. Planning 1. The applicant needs to calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed within the private street easement. *This condition has been met. 2. Lots within the development are limited to single - family detached homes. *This condition still applies. 3. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. *This condition still applies. 4. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how to this parcel will be accessed and developed. *This condition still applies. Water Resource Specialist 1. The developer's engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 15 *This condition still applies. 2. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points of intersection with lot lines and at all major angle points. This signage shall be show on the plat, site plan and erosion control plan. *This condition has been met. 3. All signage for the Bluff Creek Overlay District shall be installed prior to any earth - disturbing activity unless otherwise approved by the City in writing. *This condition still applies. 4. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading shall be vegetated in native vegetation and a planting plan and schedule shall be provided. *This condition still applies. 5. Outlot A shall be dedicated to the City. *This condition still applies. 6. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility installation. This shall be included before final plat approval. *This condition still applies. 7. The pond designs shall include either the installation of forebays as described in the City's Surface Water Management Plan or provide for the installation of environmental manholes or four -foot or deeper sump manholes with a SAFL baffle at CBMH A2 and B2. *This condition has been met. 8. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground water into the trench and due to the lack of adequate separation to water table. *This condition still applies. 9. A comprehensive, stand -alone SWPPP document with all elements required by Part III of the NPDES construction permit shall be prepared and submitted to the City for review and comment before final plat approval. *This condition has been met. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 16 10. The applicant must demonstrate the infeasibility of alternate methods of volume reduction to justify the absence of any volume reducing management practices as is currently proposed before final plat approval. *This condition has been met. 11. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. *This condition still applies. 12. Surface Water Management connection charges are estimated to be $57,136.00. This connection charge will be due at the time of final plat. *This condition shall be modified as follows: Surface Water Management connection charges are estimated to be $57,13 6.00 47,834.00. This connection charge will be due at the time of final plat. Staff recommends approval of the final plat, development contract and plans and specifications prepared by Sathre - Bergquist, Inc., dated 09/22/14 for Vistas at Bentz Farm subject to the following conditions: Building Official 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 17 En 'ng�eerins 1. The developer shall update the title search for this property and find the documentation for the roadway easement on Parcel 2. 2. Grading shall be revised to direct water away from the building comers. Spot elevations shall be shown near the southeast building corner of Lot 1, Block 1. The raised side yard shall be revised between Lots 9 and 10, Block I to direct water away from the building corners. The front yard grading of Lot 2, Block 2 shall be revised near the southeast corner. The grading on both sides of Lot 2, Block 2 must be revised to direct water away from the eastern corners of the building pad. 3. The grading plan must show proposed driveway locations and elevations at the center of the proposed driveway at the curb line. 4. The lowest building opening for properties adjacent to an emergency overflow (EOF) must be a minimum of one foot above the EOF elevation. 5. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured -in -place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than six feet shall not be constructed with boulder rock. 6. A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. 7. Curb and gutter are required for the private street. 8. The engineering department's preference would be to remove the farm drives and the culverts underneath them. The developer's engineer shall work with Carver County staff to accomplish this. 9. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. 10. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. 11. Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. 12. The driveways for Lot 5, Block 1 and Lot 1, Block 2 must be a minimum of 40 feet away from the intersection of Fawn Hill Road and Windsor Court. 13. The grading and storm water plans must show the location of emergency overflows (EOFs). Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 18 14. The emergency overflow (EOF) from the north pond shall not discharge water onto the property north of this development. 15. The grading plan for Windsor Court shows an inverted crown. This would contain runoff to the street where winter freeze /thaw conditions would damage the pavement. The plan shall be modified so that Windsor Court is constructed with the 3% crown, per the City's standard detail. 16. The street profile for Fawn Hill Road shall be revised to indicate which part will be completed by others and which part will be completed for Vistas at Bentz Farms. 17. The street profile shall call out the intersection with Bentz Court. 18. A stop sign shall be installed for traffic on Fawn Hill Road to come to a stop before entering Galpin Boulevard. 19. The developer shall work with staff to provide access for vehicles exiting the driveway of Lot 11, Block 1 to navigate onto the roadway. 20. The plans shall indicate the construction of ADA pedestrian ramps where the sidewalk intersects Galpin Boulevard and Windsor Court. 21. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. 22. The hydrant at 1 +50 Windsor Court should be moved to the intersection of Windsor Court and Fawn Hill Road. 23. Adjust plans to show only one hydrant at the intersection of Fawn Hill Road and Galpin Boulevard. 24. A permit must be obtained from Carver County for sanitary sewer work inside their right of way. 25. The engineer shall work with city staff to reduce the number of sanitary maintenance holes in the plan. 26. On Lots 1, 3 and 4, Block 1 the drainage and utility easements need to be increased near the sanitary sewer main. The easement must be large enough for a 1:1 trench excavation for future maintenance of the sewer line. 27. The detail plates in the plan set must be updated with the most current City of Chanhassen plates. 28. An easement for construction of the sanitary sewer is required between the developer and the property owner north of this development. A maintenance agreement must also be obtained between the property owner and the City. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 19 Fire Marshal 1. A three -foot clear space must be maintained around fire hydrants. 2. Prior to combustible construction, fire hydrants must be made serviceable. 3. Temporary street signs shall be installed prior to and during construction. 4. Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5. No burning permits will be issued for trees, brush that is removed. 6. "No Parking Fire Lane" signs will be required on the east side of the private drive /road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen Fire Marshal for more information if needed. Natural Resource Specialist 1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading. 2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall revise the grading plan to show no grading within a 20 -foot diameter around the trunk of the tree, with the exception of the street installation to the west of the tree. 3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final acceptance of the completed development. Parks 1. The applicant shall pay $87,000.00 park fees in lieu of additional parkland dedication and /or trail construction, which shall be collected at the time of final plat recording. Planning 1. Lots within the development are limited to single - family detached homes. 2. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. 3. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how this parcel will be accessed and developed. Todd Gerhardt Vistas at Bentz Farm — Planning Case 2014 -18 October 27, 2014 Page 20 Water Resource Specialist 1. The developer's engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. 2. All signage for the Bluff Creek Overlay District shall be installed prior to any earth - disturbing activity unless otherwise approved by the city in writing. 3. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading shall be vegetated in native vegetation and a planting plan and schedule shall be provided. 4. Outlot A shall be dedicated to the City. 5. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility installation. This shall be included before final plat approval. 6. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground water into the trench due to the lack of adequate separation to water table. 7. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 8. Surface Water Management connection charges are estimated to be $47,834.00. This connection charge will be due at the time of final plat. ATTACHMENTS 1. Reduced Copy Final Plat. 2. Development Contract. 3. Reduced Copy Plans. g: \plan\2014 planning cases\2014 -18 vistas at bentz fartn\fmal plat\staff report.doc YW W N 011 N J 'Btl i� 1101 !a ! i a R Me w H z I { d i z 3 �b a k o:, a� `tee ZzZ 8 \ � �ee ak J e qC A A fit! �l k� x B W 3 I�ffi� tl �Rp x �a �a a ids p ¢ r 9tl�ptl g pb�a p 1 3 B p p g f 4 a . 11 11 r-11-1 "Wily ^ " �a a 9 W N 011 N J 'Btl i� 1101 !a ! i a R Me w H z I { d i z 3 �b a k o:, a� `tee ZzZ 8 \ � �ee ak J e qC A A fit! �l k� x B W 3 I�ffi� tl �Rp x �a �a a ids p ¢ r 9tl�ptl g pb�a p 1 3 B p p g f 4 a . 11 11 r-11-1 R Me w H z I { d i z 3 �b a k o:, a� `tee ZzZ 8 \ � �ee ak J e qC A A fit! �l k� x B W 3 I�ffi� tl �Rp x �a �a a ids p ¢ r 9tl�ptl g pb�a p 1 3 B p p g f 4 a . 11 11 r-11-1 A A fit! �l k� x B W 3 I�ffi� tl �Rp x �a �a a ids p ¢ r 9tl�ptl g pb�a p 1 3 B p p g f 4 a . 11 11 r-11-1 a ++a Q iibA �•In OH .M.4'd /q ty 8 G H � 11$ si r 111 1 1111 — W7 / �Sie �gVv 1i c S e i > x 1 ®9� H� Imsm 3�E� 9$ §iii 3 O ? ap BrN ��aEa�zs B g - .y b axa •M1rw.� � B G 1 \ 11$ r 111 1 1111 — W7 / �Sie �gVv 1i c S e i > x 1 ®9� H� Imsm 3�E� 9$ §iii 8F G 3 s 1 \ 11$ r 111 1 1111 � / e 11 �gVv 1i c i > iws�w 3 s d' e O g` / ? ap BrN ��aEa�zs B g - d' e O g` 9 I I l r y/ $I �I I I I I n� J AT rA 3a 3 P F m d K w m N �aa q� ? ap BrN ��aEa�zs g axa �g$? ggY 9 q+ S$ a Y 1 S# 5 9 I I l r y/ $I �I I I I I n� J AT rA 3a 3 P F m d K w m N �aa q� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VISTAS AT BENTZ FARMS DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................. ............................... SP -1 2. CONDITIONS OF PLAT APPROVAL ......................................... ............................... SP -1 3. DEVELOPMENT PLANS ............................................................. ............................... SP -1 4. 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 -1 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 OR OTHER 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. LOTPLANS ...................................................................................... ...........................GC -4 16. EXISTING ASSESSMENTS ............................................................ ...........................GC -4 17. HOOK -UP CHARGES ...................................................................... ...........................GC -4 18. PUBLIC STREET LIGHTING .......................................................... ...........................GC -4 19. SIGNAGE .......................................................................................... ...........................GC -5 20. HOUSE PADS ................................................................................... ...........................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 .................................................................... ...........................GC-7 G. Waivers/ Amendments ............................................................ ...........................GC -7 H. Release ................................................................................... ...........................GC -7 I. Insurance ............................................................................ ............................... GC -7 J. Remedies ................................................................................ ...........................GC -8 K. Assignability .......................................................................... ...........................GC -8 L. Construction Hours ................................................................ ...........................GC -8 M. Noise Amplification ............................................................... ...........................GC -8 N. Access .................................................................................... ...........................GC -8 O. Street Maintenance ................................................................. ...........................GC -8 P. Storm Sewer Maintenance ..................................................... ...........................GC -9 Q. Soil Treatment Systems ......................................................... ...........................GC -9 R. Variances ................................................................................ ...........................GC -9 S. Compliance with Laws, Ordinances, and Regulations .......... ...........................GC -9 T. Proof of Title .......................................................................... ...........................GC -9 U. Soil Conditions ...................................................................... ..........................GC -10 V. Soil Correction ...................................................................... ..........................GC -10 W. Haul Routes ................................................................................ ..........................GC -10 X. Development Signs .................................................................... ..........................GC -10 Y. Construction Plans ..................................................................... ..........................GC -10 Z. As -Built Lot Surveys ................................................................. ..........................GC -11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) VISTAS AT BENTZ FARMS AGREEMENT dated October 27, 2014 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, CHANHASSEN INVESTMENT LLC a Minnesota limited liability company (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for VISTAS AT BENTZ FARMS (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, furnish 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 October 27, 2014, prepared by SATHRE - BERGQUIST, INC. Plan B: Grading, Drainage and Erosion Control Plan dated September 22, 2014, prepared by SATHRE - BERGQUIST, INC. Plan C: Plans and Specifications for Improvements dated September 22, 2014, prepared by SATHRE - BERGQUIST, INC. Plan D: Landscape Plan dated September 19, 2014, prepared by NORBY AND ASSOCIATES LANDSCAPE ARCHITECTS, 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 $940,916.89. The amount of the security was calculated as 110% of the following: Sanitary Sewer $ 141,106.25 Watermain $ 101,585.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 83,721.75 Site Grading/Erosion Control/Restoration (including 3,000 CY topsoil at $20 /CY) $ 211,862.50 Streets $ 237,943.75 Sub - total, Construction Costs $ 776,219.25 Engineering, surveying, and inspection (7% of construction costs) $ 54,335.35 Landscaping (2% of construction costs) $ 15,524.39 Street lights and signs (4 lights @ $2,200 + 2 signs @ $250) $ 9,300.00 Sub - total, Other Costs $ 79,159.74 TOTAL COST OF PUBLIC IMPROVEMENTS A 855,378.99 SECURITY AMOUNT (110% of $855,378.99) $ 940,916.89 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 SP -2 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 comers 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. 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: JASON BIEDERWOLF CHANHASSEN INVESTMENT, LLC 525 15' AVENUE SOUTH HOPKINS, MN 55343 Phone: 952- 294 -2113 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 $940,916.89 letter of credit or escrow for the developer - installed improvements, the $233,342.89 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 Final Plat Processing Fee GIS fee: $25 (plat) + (5 parcels x $10 /parcel) Special Assessments Surface water management fee Park Dedication Fee Street Lighting Charge Partial sewer hookup fee: Partial water hookup fee: 15 units x $664 /unit 15 units x $1,886 /unit $ 19,324.39 $ 450.00 $ 175.00 $ 39,109.50 $ 47,834.00 $ 87,000.00 $ 1,200.00 $ 9,960.00 $ 28,290.00 Total cash fee $ 233,342.89 B. BUILDING OFFICIAL CONDITIONS OF APPROVAL: 1. Provide a 1:200 "clean" plat drawing. SP -3 2. Demolition permits are required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. C. PLANNING DEPARTMENT CONDITIONS OF APPROVAL: 1. Lots within the development are limited to single - family detached homes. 2. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. 3. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how this parcel will be accessed and developed. D. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL: 1. The developer shall update the title search for this property and find the documentation for the roadway easement on Parcel 2. 2. Grading shall be revised to direct water away from the building corners. Spot elevations shall be shown near the southeast building corner of Lot 1, Block 1. The raised side yard shall be revised between Lots 9 and 10, Block 1 to direct water away from the building corners. The front yard grading of Lot 2, Block 2 shall be revised near the southeast corner. The grading on both sides of Lot 2, Block 2 must be revised to direct water away from the eastern corners of the building pad. 3. The grading plan must show proposed driveway locations and elevations at the center of the proposed driveway at the curb line. 4. The lowest building opening for properties adjacent to an emergency overflow (EOF) must be a minimum of one foot above the EOF elevation. � 5. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured -in -place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than six feet shall not be constructed with boulder rock. 6. A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. 7. Curb and gutter are required for the private street. 8. The engineering department's preference would be to remove the farm drives and the culverts underneath them. The developer's engineer shall work with Carver County staff to accomplish this. 9. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. 10. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. 11. Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. 12. The driveways for Lot 5, Block 1 and Lot 1, Block 2 must be a minimum of 40 feet away from the intersection of Fawn Hill Road and Windsor Court. 13. The grading and storm water plans must show the location of emergency overflows (EOFs). 14. The emergency overflow (EOF) from the north pond shall not discharge water onto the property north of this development. 15. The grading plan for Windsor Court shows an inverted crown. This would contain runoff to the street where winter freeze /thaw conditions would damage the pavement. The plan shall be modified so that Windsor Court is constructed with the 3% crown, per the City's standard detail. 16. The street profile for Fawn Hill Road shall be revised to indicate which part will be completed by others and which part will be completed for Vistas at Bentz Farms. 17. The street profile shall call out the intersection with Bentz Court. 18. A stop sign shall be installed for traffic on Fawn Hill Road to come to a stop before entering Galpin Boulevard. SP -5 19. The developer shall work with staff to provide access for vehicles exiting the driveway of Lot 11, Block 1 to navigate onto the roadway. 20. The plans shall indicate the construction of ADA pedestrian ramps where the sidewalk intersects Galpin Boulevard and Windsor Court. 21. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. 22. The hydrant at 1 +50 Windsor Court should be moved to the intersection of Windsor Court and Fawn Hill Road. 23. Adjust plans to show only one hydrant at the intersection of Fawn Hill Road and Galpin Boulevard. 24. A permit must be obtained from Carver County for sanitary sewer work inside their right of way. 25. The engineer shall work with city staff to reduce the number of sanitary maintenance holes in the plan. 26. On Lots 1, 3 and 4, Block 1 the drainage and utility easements need to be increased near the sanitary sewer main. The easement must be large enough for a 1:1 trench excavation for future maintenance of the sewer line. 27. The detail plates in the plan set must be updated with the most current City of Chanhassen plates. 28. An easement for construction of the sanitary sewer is required between the developer and the property owner north of this development. A maintenance agreement must also be obtained between the property owner and the City. E. ENVIRONMENTAL RESOURCES SPECIALIST CONDITIONS OF APPROVAL: 1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading. 2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall revise the grading plan to show no grading within a 20 -foot diameter around the trunk of the tree, with the exception of the street installation to the west of the tree. 3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final acceptance of the completed development. SP -6 F. PARKS AND RECREATION DIRECTOR CONDITION OF APPROVAL: 1. The applicant shall pay $87,000.00 park fees in lieu of additional parkland dedication and /or trail construction, which shall be collected at the time of final plat recording. G. WATER RESOURCE COORDINATOR CONDITIONS OF APPROVAL: The developer's engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. 2. All signage for the Bluff Creek Overlay District shall be installed prior to any earth - disturbing activity unless otherwise approved by the city in writing. 3. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading shall be vegetated in native vegetation and a planting plan and schedule shall be provided. 4. Outlot A shall be dedicated to the City. 5. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility installation. This shall be included before final plat approval. 6. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground water into the trench due to the lack of adequate separation to water table. 7. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 8. Surface Water Management connection charges are estimated to be $47,834.00. This connection charge will be due at the time of final plat. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -7 CITY OF CHANHASSEN M (SEAL) M 01171 Thomas A. Furlong, Mayor Todd Gerhardt, City Manager CHANHASSEN INVESTMENT LLC: MN STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) Matt Hanish, Its Vice President The foregoing instrument was acknowledged before me this day of , 2014, 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 2014, by Matt Hanish, Vice President of CHANHASSEN INVESTMENTS LLC, a Minnesota limited liability company, on behalf of the company. 1OWTA 71.1 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 MES NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the West Half of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the west quarter corner of said Section 10; thence on an assumed bearing of South 1 degree 56 minutes 40 seconds East along the west line of said Southwest Quarter, a distance of 1,213.40 feet to the point of beginning of the tract to be described; thence continuing South 1 degree 56 minutes 40 seconds East along said west line of the Southwest Quarter, a distance of 455.48 feet; thence South 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence South 86 degrees 32 minutes 20 seconds East, a distance of 100.40 feet; thence South 78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet; thence South 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42 minutes 40 seconds East, a distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconds East, a distance of 84.58 feet; thence South 89 degrees 17 minutes 20 seconds East, a distance of 164.63 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 259.05 feet; thence northerly a distance of 469.80 feet along a tangential curve concave to the West, having a radius of 3452.34 feet and a central angle of 7 degrees 47 minutes 49 seconds; thence South 88 degrees 03 minutes 20 seconds West along a line not tangent to said curve, a distance of 1190.41 feet to the point of beginning. unt That part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows; Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South I degree 56 minutes 40 seconds East along the west line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 464.93 feet to the point of beginning of the tract to be described; thence North 1 degree 56 minutes 40 seconds West on a line parallel to said west line of the Southwest Quarter, a distance of 289.19 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 777.13 feet; thence South 6 degrees 43 minutes 00 seconds West, a distance of 66.03 feet; thence southerly a distance of 227.81 feet along a tangential curve concave to the west having a radius of 3,452.34 feet and a central angle of 3 degrees 46 minutes 51 seconds; thence South 88 degrees 03 minutes 20 seconds West, a distance of 725.48 feet to the point of beginning. This tract contains 5.00 acres of land and is subject to right -of- way in existing county road and subject to roadway easement over the North 30.00 feet thereof and any and all easements of record. MORTGAGE BOLDER 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 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, affain 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 IRPEVOCABLE 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, instr unent, 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. M Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" 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 Inspector(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. Stat. § 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 famished 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'/z) 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 I 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 1/o) 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% %) of construction costs for the first $1,000,000 and one and one -half percent (I %z %) 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. hi 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. Insurance. 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. Assi aug bility. 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, bullhorns, 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. Warning 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 Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the 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 property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. 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 Axf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility fie 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. 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