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approval letterAdministration Dear Mr. Undestad, Phone: 952.227.1100 Fax: 952.227.1110 This letter is to confirm that on July 25, 2016, the Chanhassen City Council approved: Building Inspections A. The final plat for Audubon Corporate Center 2nd Addition subject to the Phone: 952.2271180 following conditions: Fax: 952.227.1190 August 1, 2016 CITY OF Mr. Mark Undestad 1. Eden Trace Corporation CHAMIu���u�(� HASSEN 8821 Sunset Trail of construction. The applicant will be responsible for replacing any trees that Chanhassen, MN 55317 7700 Market Boulevard die as a result of construction activity. PC Box 147 2. Chanhassen, MN 55317 Re: IDI Distribution, Planning Case #2016-18 Administration Dear Mr. Undestad, Phone: 952.227.1100 Fax: 952.227.1110 This letter is to confirm that on July 25, 2016, the Chanhassen City Council approved: Building Inspections A. The final plat for Audubon Corporate Center 2nd Addition subject to the Phone: 952.2271180 following conditions: Fax: 952.227.1190 1. Existing city boulevard trees will be protected with fencing during all phases Engineering Phone: 952.227.1160 of construction. The applicant will be responsible for replacing any trees that Fax: 952.227.1170 die as a result of construction activity. 2. A wetland buffer 20 feet in width and a 30 -foot setback from the wetland Finance buffer must be maintained around all wetlands on the property. Secondary Phone: 952.227.1140 structures are allowed to encroach up to 50% of the setback. It appears that Fax: 952.227.1110 the retaining wall has exceeded the allowed encroachment and needs to be Park & Recreation moved out of this 15 -foot setback. Wetland buffer areas shall be preserved, Phone: 952 2271120 surveyed and staked in accordance with the city's wetland ordinance. The Fax: 952.227.1110 applicant must install wetland buffer edge signs, under the direction of city staff, before construction begins and must pay the city $20 per sign. Recreation Center 3. The retaining wall needs to be moved so that it is at least 15 feet from the 2310 Coulter Boulevard edge of the buffer or 35 feet from the wetland edge. Phone: 9522271400 *This condition has been met. Fax: 952.227.1404 4. A NPDES Phase II Construction Site Storm Water Permit will be required Planning & from the Minnesota Pollution Control Agency (MPCA) for this site. Natural Resources *This condition has been met. Phone: 952.2271130 5. Based upon the area and land use type, the Storm Water Utility Connection Fax: 952.227.1110 Charge is estimated to be $23,500.69 due with the final plat. 6. The applicant shall apply for and obtain permits from the appropriate Public Works regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota 7901 Park Place Phone: 952.227.1300 Department of Natural Resources (for dewatering)) and comply with their Fax: 952.227.1310 conditions of approval. 7. Park fees in the amount of $33,125.00 shall be paid prior to recording the final Senior Center plat. Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow IDI Distribution, Planning Case #2016-18 August 1, 2016 Page 2 of 5 8. No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 9. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the city with detailed haul routes. 10. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. Additional top and bottom elevations should be added to the retaining wall. 11. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Provide details of each crossing to ensure minimum separation. 12. Sanitary sewer and watermain hookup fees will be required at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 13. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per developable acre. With 2.06 developable acres, the fee is $7,416.00. 14. A drainage and utility easement will need to be placed over the wetland and associated buffer with final plat. B. The site plan for the expansion of IDI Distribution Building, plans prepared by Houwman Architects, dated June 6, 2016, and Sambatek, dated July 1, 2016, subject to the following conditions: Building Official 1. The building is required to have automatic fire extinguishing system. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Soil evaluation (geo-technical) report required. 4. Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. 5. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Engineering 1. Outlot A must be platted as a lot and combined with Lot 1, Block 1 prior to recording the site plan agreement. 2. The applicant's surveyor shall show all easements of record on the existing based on a recent (within 90 days) title search of the parcel prior to recording the site plan agreement. 3. Prior to recording the site plan agreement, the applicant must vacate the drainage and utility easement over the storm sewer they are removing. IDI Distribution, Planning Case #2016-18 August 1, 2016 Page 3 of 5 4. Prior to recording the site plan agreement, the applicant shall submit a concept -level design for stormwater that would meet the watershed district requirements if the additional parking spaces were to be added at a future date. 5. Prior to a notice to proceed, the grading plan shall be revised to show the existing and proposed elevation shots where the new curb line will tie-in to the existing curb. 6. The Emergency OverFlow (EOF) locations and elevations shall be added to the grading and utility plan sheets. 7. The applicant must submit a soils report to the city prior to recording the site plan agreement. 8. During construction, the infiltration basin area shall be protected from compaction and disturbance during construction. 9. The infiltration basin area shall not be excavated prior to substantial completion of the site work and stabilization of the slopes. 10. After construction, the infiltration basin shall be tested by a third party for permeability to ensure that it is functioning per the stormwater modeling submitted by the applicant. The infiltration basin must pass the permeability testing prior to an issuance of a permanent certificate of occupancy. 11. The applicant must submit a SWPPP and erosion control plan per City Code § 19-145 for staff review prior to recording the site plan agreement. 12. Prior to recording the site plan agreement, escrow shall be provided to the city for construction of erosion and sediment control measures and the infiltration basin. 13. The applicant shall obtain permits from all appropriate regulatory agencies and comply with their conditions of approval. 14. The parking lot plan shall be revised to meet the Chanhassen City Code requirements for driving aisles for 90° parking spaces or to use angled parking prior to a notice to proceed. 15. 'The plan must follow all applicable State and Federal guidelines and accessibility for the parking lot and sidewalk construction. 16. Water main to be installed for this project shall be privately owned and maintained during and after construction. 17. Private water main shall be installed per the most current version of the City of Chanhassen Standard Specifications and Detail Plates, which shall be included in the construction specification documents for this project prior to a notice to proceed. 18. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health prior to a notice to proceed. 19. Prior to a notice to proceed, the applicant's engineer shall verify whether there is a conflict at the storm sewer/water main crossing for the relocated hydrant on the east side of the building, and alter the plans if necessary to remediate the conflict. 20. City and Metropolitan Council SAC and WAC charges will be collected with the building permit at the units determined by the Metropolitan Council and the rate effective at the date of permit. Natural Resources 1. All existing trees to the north and west of the parking lot expansion shall be protected by tree preservation fencing. Fencing shall be installed and approved by the city prior to any grading. G:\PLAN\2016 Planning Cases\2016-18- fD! Expansion - 8303 Audubon Road\approval letter IDI Distribution, Planning Case #2016-18 August 1, 2016 Page 4of5 Planning 1. The applicant shall enter into a site plan agreement and provide the necessary securities required by it. 2. Dumpsters, if placed outside, shall be properly screened. Water Resources 1. The applicant shall apply for and receive a General Permit Authorization to Discharge Stonnwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Pen -nit) prior to the issuance of a building permit or any earth disturbing activities. 2. The applicant must demonstrate that they can achieve the 90% TSS and 60% TP removal using removal efficiencies recognized as industry standards or otherwise justifiable prior to issuance of a building permit. 3. The applicant must provide the water quality modeling, in both a summary and the actual electronic model used to the city for review and approval prior to issuance of the building permit. 4. The plan submittal must also include a detail of the infiltration basin consistent with the Minnesota Stormwater Manual prior to issuance of a building permit. This detail must include any soils corrections, basin protections and planting plans and schedules in addition to other necessary design elements. 5. The infiltration basin must be placed within a drainage and utility easement. 6. The applicant shall prepare an operations and maintenance manual specific to the infiltration feature including anticipated inspection schedule, routine maintenance and frequency of said maintenance and supply a copy to the city prior to issuance of a building permit. 7. The two outfalls into the infiltration basin shall be combined into one and a sump manhole with a minimum depth of 4 feet shall be constructed at the last CBMH prior to discharging towards the infiltration basin. 8. The pipe shall come out of the last structure into the infiltration basin no stepper than one percent (1.0%). The outfall shall be short of the basin and shall flow through a grass channel to allow for energy dissipation and additional pretreatment. 9. The applicant shall prepare a Surface Water Pollution Prevention Plan (SWPPP) and submit to the city for approval prior to issuance of a building permit. No earth disturbing activities may occur until an approved SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES Construction Pen -nit and shall contain all required elements as listed in Parts III and IV of the permit. 10. The plan must eliminate the two stalls that encroach into the secondary setback from the wetland buffer. 11. Monuments indicating the buffer boundary will need to be shown on the plan and placed concurrent with the erosion prevention and sediment control practices. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Riley -Purgatory -Bluff Creek Watershed District) and comply with their conditions of approval. G:\PLAN\2016 Planning Cases\2016-18- HEN Expansion - 8303 Audubon Road\approval letter IDI Distribution, Planning Case #2016-18 August 1, 2016 Page 5 of 5 And, C. The vacation of a portion of the public drainage and utility easement dedicated with the Audubon Corporate Center 1St Addition plat. Two signed mylar copies of the final plat shall be submitted to our office for signatures. One 1 "=200' scale mylar reduction of the final plat, three 1"=200' scale paper reductions of the final plat and one 1 "=200' scale paper reduction of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in Axf format and a digital copy in .tif format (pdf compatible) in Carver County coordinates of the final plat shall be submitted. The fees in the amount of $64,041.69 must be paid prior to recording the final plat. All current year taxes must be paid in full and any delinquent property taxes or green acres tax. Enclosed is the site plan agreement for the IDI Distribution expansion which was approved for development in Chanhassen on July 25, 2016 by the City Council and incorporates the conditions of approval for the site plan. The site plan agreement must be executed by Eden Trace Corporation and Equitable Holding Co. LLC. This agreement must be recorded at Carver County within 120 days of the approval (by November 22, 2016) and prior to the issuance of a building permit. The required security of $65,000.00 shall be submitted to the city in conjunction with the site plan agreement. A separate building permit application and review is required. The city will submit all the necessary documents to Carver County for recording. Processing of the final plat documents prior to recording usually takes approximately two weeks upon receipt by the city. If you have any questions or need additional information, please contact me at bgenerous(r ei.chanhassen.mn.us or (952) 227-1131. Si e y, Robert Generous, AICP Senior Planner Enclosures Equitable Holding Co. LLC. ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Jill Sinclair, Environmental Resource Specialist Stephanie Smith, Project Engineer G:\PLAN\201v' Planning Cases\2016-18-1D1 Expansion - 8303 Audubon Road\approval letter CITY OF CHANHASSEN SITE PLAN AGREEMENT # 2016-18 IDI DISTRIBUTION EXPANSION SPECIAL PROVISIONS AGREEMENT dated July 25, 2016, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 26,962 square foot, main floor building expansion with an 8,555 square -foot second story (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Audubon Corporate Center and Lot 1, Block 1, Audubon Corporate Center 2nd Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan prepared by Sambatek, dated July j, 2016, Plan B—Grading, Drainage and Erosion Control Plans prepared by Sambatek, dated July 1, 2016. Plan C --Landscaping Plan prepared by Sambatek, dated July 1, 2016. Plan D – Utility Plan prepared by Sambatek, dated July 1, 2016. Plan E – Building Plans prepared by Houwman Architects dated June 16, 2016 4. Time of Performance. The Developer shall install all required screening and landscaping by September 1, 2017. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $65,000.00 (erosion control, landscaping storm water). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mark Undestad Eden Trace Corporation 8821 Sunset Trail Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for subject to the following conditions: Building Official a. The building is required to have automatic fire extinguishing system. b. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Soil evaluation (geo-technical) report required. d. Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. e. Detailed occupancy related requirements will be addressed when complete building pians are submitted. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Engineering a. Outlot A must be platted as a lot and combined with Lot 1, Block 1 prior to recording the site plan agreement. b. The applicant's surveyor shall show all easements of record on the existing based on a recent (within 90 days) title search of the parcel prior to recording the site plan agreement. c. Prior to recording the site plan agreement, the applicant must vacate the drainage and utility easement over the storm sewer they are removing. d. Prior to recording the site plan agreement, the applicant shall submit a concept -level design for storinwater that would meet the watershed district requirements if the additional parking spaces were to be added at a future date. e. Prior to a notice to proceed, the grading plan shall be revised to show the existing and proposed elevation shots where the new curb line will tie-in to the existing curb. f The Emergency OverFlow (EOF) locations and elevations shall be added to the grading and utility plan sheets. g. The applicant must submit a soils report to the city prior to recording the site plan agreement. h. During construction, the infiltration basin area shall be protected from compaction and disturbance during construction. i. The infiltration basin area shall not be excavated prior to substantial completion of the site work and stabilization of the slopes. j. After construction, the infiltration basin shall be tested by a third party for penneability to ensure that it is functioning per the stonnwater modeling submitted by the applicant. The infiltration basin must pass the permeability testing prior to an issuance of a permanent certificate of occupancy. k. The applicant must submit a SWPPP and erosion control plan per City Code §19-145 for staff review prior to recording the site plan agreement. 1. Prior to recording the site plan agreement, escrow shall be provided to the city for construction of erosion and sediment control measures and the infiltration basin. in. The applicant shall obtain pennits from all appropriate regulatory agencies and comply with their conditions of approval. n. The parking lot plan shall be revised to meet the Chanhassen City Code requirements for driving aisles for 90° parking spaces or to use angled parking prior to a notice to proceed. o. The plan must follow all applicable State and Federal guidelines and accessibility for the parking lot and sidewalk construction. p. Water main to be installed for this project shall be privately owned and maintained during and after construction. q. Private water main shall be installed per the most current version of the City of Chanhassen Standard Specifications and Detail Plates, which shall be included in the construction specification documents for this project prior to a notice to proceed. r. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health prior to a notice to proceed. s. Prior to a notice to proceed, the applicant's engineer shall verify whether there is a conflict at the storrrn sewer/water main crossing for the relocated hydrant on the east side of the building, and alter the plans if necessary to remediate the conflict. t. City and Metropolitan Council SAC and WAC charges will be collected with the building permit at the units determined by the Metropolitan Council and the rate effective at the date of permit. Natural Resources a. All existing trees to the north and west of the parking lot expansion shall be protected by tree preservation fencing. Fencing shall be installed and approved by the city prior to any grading. Planning a. The applicant shall enter into a site plan agreement and provide the necessary securities required by it. b. Dumpsters, if placed outside, shall be properly screened. Water Resources a. The applicant shall apply for and receive a General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit) prior to the issuance of a building permit or any earth disturbing activities. b. The applicant must demonstrate that they can achieve the 90% TSS and 60% TP removal using removal efficiencies recognized as industry standards or otherwise justifiable prior to issuance of a building permit. c. The applicant must provide the water quality modeling, in both a summary and the actual electronic model used to the city for review and approval prior to issuance of the building permit. d. The plan submittal must also include a detail of the infiltration basin consistent with the Minnesota Stormwater Manual prior to issuance of a building permit. This detail must include any soils corrections, basin protections and planting plans and schedules in addition to other necessary design elements. e. The infiltration basin must be placed within a drainage and utility easement. f. The applicant shall prepare an operations and maintenance manual specific to the infiltration feature including anticipated inspection schedule, routine maintenance and frequency of said maintenance and supply a copy to the city prior to issuance of a building permit. g. The two outfalls into the infiltration basin shall be combined into one and a sump manhole with a minimum depth of 4 feet shall be constructed at the last CBMH prior to discharging towards the infiltration basin. h. The pipe shall come out of the last structure into the infiltration basin no stepper than one percent (1.0%). The outfall shall be short of the basin and shall flow through a grass channel to allow for energy dissipation and additional pretreatment. i. The applicant shall prepare a Surface Water Pollution Prevention Plan (SWPPP) and submit to the city for approval prior to issuance of a building permit. No earth disturbing activities may occur until an approved SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III and IV of the permit. j. The plan roust eliminate the two stalls that encroach into the secondary setback from the wetland buffer. k. Monuments indicating the buffer boundary will need to be shown on the plan and placed concurrent with the erosion prevention and sediment control practices. 1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Riley -Purgatory -Bluff Creek Watershed District) and comply with their conditions of approval. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN NOW AND: Denny Laufenburger, Mayor Todd Gerhardt, City Manager DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20, by Denny Laufenburger, 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 20 by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perfonn all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control reauirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Co Hance with Laws Ordinances and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: L City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify; defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 2 STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 day of NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instnament 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 EXHIBIT A PARCEL A: That part of the Southeast Quarter of the Southwest Quarter and that part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 116, Range 23, Carver County, Minnesota, lying southeasterly of the southeasterly right-of-way line of the Chicago and Northwestern Railroad, southwesterly of the southwesterly right-of-way line of County State Aid Highway No. 61, and westerly and northerly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of said Southwest Quarter of the Southeast Quarter a distance of 525.00 feet to the point of beginning of the line to be described; thence North 26 degrees 57 minutes 49 seconds West a distance of 399.00 feet; thence North 62 degrees 19 minutes 46 seconds East a distance of 485.18 feet more or less to the southwesterly right-of-way line of said County State Aid Highway No. 61 and there terminating. PARCEL B: That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 116, Range 23, Carver County, Minnesota, lying southwesterly of the southwesterly right-of-way line of County State Aid Highway No. 61; northwesterly of the northwesterly right-of-way of County State Aid Highway No. 10 (Stoughton Avenue, formerly the Chaska and Shakopee Road); and easterly and southeasterly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of said Southwest Quarter of the Southeast Quarter a distance of 525.00 feet to the point of beginning of the line to be described; thence North 26 degrees 57 minutes 49 seconds West a distance of 399.00 feet; thence North 62 degrees 19 minutes 46 seconds East a distance of 485.18 feet more or less to said southwesterly right-of-way line of County State Aid Highway No. 61 and there terminating. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: Commencing at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence North 4.06 chains to center of Chaska and Shakopee Road, the point of beginning of tract to be conveyed herewith; thence South 64 degrees 30 minutes West 170 feet to point of center of said road; thence North parallel to East line of said Southwest Quarter of the Southeast Quarter to south line of County State Aid Highway No. 61; thence southeasterly along south line County State Aid Highway No. 61 to point where same intersects East line of said Southwest Quarter of Southeast Quarter; thence south along said east line to place of beginning.