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Approval Letter and Documents for Recording 8-14-19T Y o z CITYOFCIIANIIASSEN y q n' H SSAChanhassen is a Community for Life-Providing for Today and Planning for Tomorrow August 14, 2019 Mr. Joe Jablonski Lennar 16305 36`"Avenue N, Ste. 600 Plymouth, MN 55446 Re: The Park Approval Letter—Planning Case No. 2019-01 Dear Mr. Jablonski: This letter is to formally notify you that on Monday, August 12, 2019, the Chanhassen City Council adopted the following motions: SUBDIVISION FINAL PLAT Dedication of Outlots The following outlots shall be conveyed to the city with The Park final plat: Outlot A Warranty Deed to the City 50 Acres of Public Park and 50 Acres of Wetland Outlot B Warranty Deed to the City Stormwater Pond Outlot C Warranty Deed to the City Parking Lot for Trail Access Outlot D Warranty Deed to the City Wetland and Drainage and Utility Easement Outlot F Quitclaim Deed to the City City Well House Parks and Recreation 1. The planning, engineering, grading, and placement of aggregate and bituminous base for construction of a 10-foot wide bituminous east/west trail connection between Galpin Boulevard and a location east of"Pearl Drive," and in lieu of constructing a 10-foot wide bituminous trail adjacent to Galpin Boulevard between"Paisley Path" and "Pearl Drive," make a $120,000 (1,600 feet @ $75 per foot) contribution to the city's Trail Fund. 2. The east/west trail shall maintain a minimum 10-foot setback from outside edges of trail to private property and be designed to minimize encroachment of wetland buffers. 3. The east/west trail crossing of"Paisley Path" shall be relocated from a midblock crossing, as shown, to the intersection of"Paisley Path" and "Pearl Drive." 4. The east/west trail shall be designed and constructed so as not to require retaining walls. PH 952.227.1100 • www.ci.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 •CHANHASSEN • MINNESOTA 55317 Mr. Joe Jablonski The Park Approval Letter August 14, 2019 Page 2 5. The entirety of the east/west trail and associated buffers shall be constructed within the dedicated public outlots. Engineering 1. The developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 2. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 3. All curb ramps shall be constructed to meet ADA standards and the city's Detail Plates 5215-5215D. 4. A detail of the proposed street lights shall be provided prior to the issuance of building permits. 5. Street lights shall be installed at all intersections and at the end of each cul-de-sac subject to review and approval of the city prior to issuance of building permits. 6. All newly constructed water mains shall be public water mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 7. Water mains located on Paisley Path shall be tied into the high-pressure zone located on Galpin Boulevard. 8. The developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to the issuance of building permits and update the plans accordingly. 9. The developer's contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the watermain installation and tapping from Galpin Boulevard. 10. Updated plans indicating the location of all underground utilities on the east side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east side of Galpin Boulevard, shall be submitted for review and approval prior to the commencement of any utility construction. 11. All utility crossings of potable water and sanitary and/or storm mains will require 18 inches of vertical separation and 10 feet of horizontal separation. The developer shall submit construction plans with profiles and plan views of the utilities for review and approval prior to the commencement of any utility construction. 12. All utility crossings of potable water and sanitary sewer that do not meet vertical separation requirements will require that the sanitary sewer main at that crossing be constructed of PVC Mr. Joe Jablonski The Park Approval Letter August 14, 2019 Page 3 C900 water main material. The developer shall submit construction plans indicating material type at these locations for review and approval by the city prior to the commencement of any utility construction. 13. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by Engineering and Public Works prior to the commencement of any utility construction. 14. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire Department shall be addressed by the applicant. 15. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 16. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. 17. Inverts that have a 20-inch or greater differential shall be supplied inside drops per city standards and be constructed per the city's Detail Plate No. 2104. 18. No sump structures shall be installed in backyard pickups. 19. All public sanitary sewer utilities and sanitary sewer services shall have tracer wire installed. Detail plates and specifications shall be provided to the developer to meet this requirement and shall be defined in the supplemental provision for The Park Utility and Street Construction Project Manual. 20. All public streets' base course shall utilize an asphalt binder grade of"C" in accordance with MnDOT asphalt grades (Table 2360-2); plates and cross-section details shall be updated accordingly. 21. Driveways shall be setback at least ten feet from the side property lines in accordance with section 20-1122 of City Ordinances. 22. All driveways shall be located outside side lot drainage and utility easements. 23. The developer shall coordinate with the Building Department and Public Works Utility Department to determine which homes shall be required to install pressure reducing valves prior to the issuance of building permits. 24. The contractor shall contact the city inspector for inspection of all insulated pipe crossings. 25. On Sheet 1.3, provide a separate, enlarged inset detail of the proposed connection to the 24" DIP water main at the intersection of Galpin Boulevard and Hunter Drive/"Paisley Path"that includes plan and profile views of the location of all existing utilities. Include a note to coordinate this work with the Public Works Utility Department and city inspector 48 hours prior to wet tap. Mr. Joe Jablonski The Park Approval Letter August 14, 2019 Page 4 26. On Sheet 1.5 of the sanitary sewer and water main plans: DIP tees for risers on"Purple Parkway" shall be updated to be C900 wyes; the 20' DIP stubbed out of MH 16-078 shall be PVC, also add note to address proper pipe support (compaction) under influence zone of pipe. 27. For all storm sewer plans: any HDPE pipe shall be called-out as "N-12" in accordance with city standard specifications. 28. Developer shall underground all overhead utilities off Galpin Boulevard and provide security in the amount of$364,400.00 to guarantee completion of the undergrounding with the 2nd Addition of The Park. 29. Remove existing chain link fence along the entire southern property line. Stormwater Conditions & Wetlands 1. An operations and maintenance plan for the proposed stormwater management system will be required prior to approval. 2. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. 3. Access routes for all proposed stormwater basins are required for maintenance purposes. Applicant should call out access locations for all proposed stormwater basins. 4. A defined riprap EOF spillway will be required for all stormwater basins per details provided on Sheet 33. Applicant should include location and elevation of all EOF spillways on the storm sewer plans. 5. The only remaining inconsistency to update is the weir in OCS 400B should be changed in HydroCAD from a four-foot weir to a five-foot weir. 6. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. 7. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Please indicate wetland buffer widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in the city's guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder's office. Mr. Joe Jablonski The Park Approval Letter August 14, 2019 Page 5 8. Where possible, the applicant shall update all storm sewer so the maximum pipe velocity is 12 feet per second. If not possible, pipe velocities should not exceed 15 feet per second per MnDOT guidance. 9. The 15" outlet pipe from CB-490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19"horizontal orifice should be routed to the 15"pipe. 10. The slope of the outlet pipe from Wetland 12 should be updated in the HydroCAD model to match what is illustrated on the plans. 11. For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. Landscaping and Tree Preservation 1. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 2. The applicant shall meet the minimum requirement of 461 trees for the development. All required trees must meet minimum size requirements for deciduous and evergreen species. 3. Buffer plantings shall be added to the east of the city well building. Five evergreen trees shall be planted to the east of the well house. 4. Any well house access road shall avoid removals of any significant trees in Outlots E or F. No significant oaks may be removed. 5. Northern Pin Oak shall be replaced with White, Bur, Red or Bi-color oak species in the plant schedule. 6. No tree Genus shall comprise of more than 20% of the total number of trees and no tree species shall comprise of more than 10% of the total number of trees. 7. Lots with significant tree cover contain conservation easements to protect the wooded areas. Lots 153 and 154 shall have protective easements over parts of the lot containing existing forest. Specifically, the westerly 200 feet of Lot 154, and the easterly 200 feet of Lot 153. 8. Fifteen evergreen trees shall be planted in Outlot A north of Royal Oak Estates. Location to be determined by the City Forester. Mr. Joe Jablonski The Park Approval Letter August 14, 2019 Page 6 DEVELOPMENT CONTRACT The City Council approves the development contract for the Park." CONSTRUCTION PLANS The City Council approves the construction plans dated "Received April 15, 2019". Enclosed are a list of items required for recording of the plat and the Development Contract for you to sign and return with the security and cash fees in order for the documents to be recorded. Adjustments to the plat may be required pending findings of the Title Commitment. If you have any questions, please feel free to contact me at 952.227.1139 or e-mail at kaanenson@ci.chnahssen.mn.us. Sincerely, Kate Aanenson Community Development Director, AICP Enclosures ec: Jason Wedel, City Engineer Erik Henricksen, Project Engineer Paul Cherne, Pioneer Engineering g:\plan\2019 planning cases\19-01 galpin site preliminary plat and rezoning pud\final plat phase I\approval letter.docx RECORDING FOR: THE PARK — 1ST ADDITION Date: 8-14-2019 Please provide the following: Two, Final Plat Mylars no larger than 22" x 34" (City and County copies). Do not mark "Official Copy"on the County copy, or they may reject the mylars: UPDATED STREET NAMES ON FINAL PLAT Three, 1" = 200' scale paper copy of the final plat (Carver County Auditor, Assessor and Surveyor) Signed Development Contract Warranty deed (if deeding an outlot to the City): Outlots A, B, C, and D Quitclaim Deed: Outlot F A recent copy of the title commitment enclosed/emailed (date: 1" = 200' scale mylar reduction of the final plat 1" = 200' scale paper reduction of the final plat (with street names and lot and block numbers only) Security: $2,682,273.16 from bank name) Cash fee: $416,873.39 Digital copy of the final plat in .dxf and .tif formats (.pdf compatible) in Carver County coordinates Electronic Copy of Drainage Model Area, in square feet, of D&U Easement and ROW dedication The current year property taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid before the plat can be filed. NOTES: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE PARK DEVELOPMENT CONTRACT Developer Installed Improvements) 203914v2 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-5 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.CLEAN UP GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS GC-3 11. CLAIMS GC-3 12. PARK DEDICATION GC-3 13. LANDSCAPING GC-3 14. WARRANTY GC-4 15. LOT PLANS GC-4 16. EXISTING ASSESSMENTS GC-4 17. HOOK-UP CHARGES GC-4 18. PUBLIC STREET LIGHTING GC-4 19. SIGNAGE GC-5 20. 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 203914v2 1 E. Severability GC-7 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-1 1 203914v2 11 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements) THE PARK SPECIAL PROVISIONS AGREEMENT dated August 12, 2019 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, U.S. HOME CORPORATION, a Delaware Corporation, D/B/A LENNAR, (the "Developer"). 1.Request for Plat Approval. The Developer has asked the City to approve a plat for THE PARK(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 August 12, 2019,prepared by Pioneer Engineering. Plan B: Grading,Drainage and Erosion Control Plan dated July 23,2019,prepared by Pioneer Engineering. Plan C: Plans and Specifications for Improvements dated April 15,2019,prepared by Pioneer Engineering. Plan D: Landscape Plan dated May 24, 2019 prepared by Pioneer Engineering. 203914v2 SP-1 4.Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Street Signs G. Site Grading/Restoration H. Underground Utilities(e.g. gas, electric,telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5.Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2020. 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$2,682,273.16. The amount of the security was calculated as 110%of the following: Site Grading 479,153.81 Sanitary Sewer 274,020.50 Water Main 259,018.00 Storm Sewer, Drainage System, including cleaning and maintenance 467,930.00 Streets 684,019.57 Street lights and signs 72,950.00 Sub-total, Construction Costs $2,237,091.88 Engineering, surveying, and inspection(7%of construction costs) 156,596.43 Landscaping (2%of construction costs) 44,741.84 Sub-total,Other Costs $ 201,338.27 TOTAL COST OF PUBLIC IMPROVEMENTS $2,438,430.15 SECURITY AMOUNT(110% of$2,438,430.15) $2,682,273.16 203914v2 SP-2 This breakdown is for historical reference;it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security,without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2)iron monuments for lot corners have been installed, (3)all financial obligations to the City satisfied, (4)the required"record"plans have been received by the City, (5) a warranty security is provided, and(6)the public improvements are accepted by the City. 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: Joe Jablonski U.S. Home Corporation D/B/A Lennar 16305 36th Avenue NE, Suite 600 Plymouth,MN 55446 Phone: 952-249-3014 E-Mail:joe.jablonski@lennar.com 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. FEES 1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting, Developer shall submit to the City$416,87339 for the following City fees: Administration fee(based on estimated construction cost of$2,237,091.88,2.5%for the first 1,000,000+ 1.5%of the remainder)43,556.38 GIS fee: 50 parcels @$10/parcel+$25 for the plat 525.00 Partial payment of City sewer and water hookup fees: 50 units @$691/unit(sewer)+$2,311/unit(water) 150,100.00 Street light operating fee: 7 lights @$300/light 2,100.00 Attorney Fee for Review and Recording of Plat and DC 450.00 Surface Water Management Fee 100,142.02 City Trail Fee 120,000.00 Total $416,873.39 203914v2 SP-3 B. CONDITIONS OF APPROVAL Dedication of Outlots The following outlots shall be conveyed to the City with The Park Final Plat: Outlot A Warranty Deed to the City 50 Acres of Public Park and 50 Acres of Wetland Outlot B Warranty Deed to the City Stormwater Pond Outlot C Warranty Deed to the City Parking Lot for Trail Access Outlot D Warranty Deed to the City Wetland and Drainage and Utility Easement Outlot F Quitclaim Deed to the City City Well House Parks and Recreation 1. The planning, engineering, grading, and placement of aggregate and bituminous base for construction of a 10-foot wide bituminous east/west trail connection between Galpin Boulevard and a location east of "Pearl Drive," and in lieu of constructing a 10-foot wide bituminous trail adjacent to Galpin Boulevard between"Paisley Path"and"Pearl Drive,"make a$120,000 (1,600 feet @ $75 per foot) contribution to the City's Trail Fund. 2. The east/west trail shall maintain a minimum 10-foot setback from outside edges of trail to private property and be designed to minimize encroachment of wetland buffers. 3. The east/west trail crossing of"Paisley Path" shall be relocated from a midblock crossing as shown to the intersection of"Paisley Path" and "Pearl Drive." 4. The east/west trail shall be designed and constructed so as not to require retaining walls. 5. The entirety of the east/west trail and associated buffers shall be constructed within the dedicated public outlots. Engineering 1. The developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 2. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 3. All curb ramps shall be constructed to meet ADA standards and the city's Detail Plates#5215- 5215D. 203914v2 SP-4 4. A detail of the proposed street lights shall be provided prior to the issuance of building permits. 5. Street lights shall be installed at all intersections and at the end of each cul-de-sac subject to review and approval of the city prior to issuance of building permits. 6. All newly constructed water mains shall be public water mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 7. Water mains located on Paisley Path shall be tied into the high-pressure zone located on Galpin Boulevard. 8. The developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to the issuance of building permits and update the plans accordingly. 9. The developer's contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the watermain installation and tapping from Galpin Boulevard. 10. Updated plans indicating the location of all underground utilities on the east side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east side of Galpin Boulevard, shall be submitted for review and approval prior to the commencement of any utility construction. 11. All utility crossings of potable water and sanitary and/or storm mains will require 18 inches of vertical separation and 10 feet of horizontal separation. The developer shall submit construction plans with profiles and plan views of the utilities for review and approval prior to the commencement of any utility construction. 12. All utility crossings of potable water and sanitary sewer that do not meet vertical separation requirements will require that the sanitary sewer main at that crossing be constructed of PVC C900 water main material. The developer shall submit construction plans indicating material type at these locations for review and approval of the city prior to the commencement of any utility construction. 13. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by Engineering and Public Works prior to the commencement of any utility construction. 14. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire Department shall be addressed by the applicant. 15. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 16. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. 17. Inverts that have a 20-inch or greater differential shall be supplied inside drops per city standards and be constructed per the city's Detail Plate No. 2104. 203914v2 SP-5 18. No sump structures shall be installed in backyard pickups. 19. All public sanitary sewer utilities and sanitary sewer services shall have tracer wire installed. Detail plates and specifications shall be provided to the developer to meet this requirement and shall be defined in the supplemental provision for The Park Utility and Street Construction Project Manual. 20. All public streets' base course shall utilize an asphalt binder grade of"C" in accordance with MnDOT asphalt grades (Table 2360-2), plates and cross-section details shall be updated accordingly. 21. Driveways shall be setback at least ten feet from the side property lines in accordance with section 20-1122 of City Ordinances. 22. All driveways shall be located outside side lot drainage and utility easements. 23. The developer shall coordinate with the Building Department and Public Works Utility Department to determine which homes shall be required to install pressure reducing valves prior to the issuance of building permits. 24. The contractor shall contact the city inspector for inspection of all insulated pipe crossings. 25. On Sheet 1.3, provide a separate, enlarged inset detail of the proposed connection to the 24" DIP water main at the intersection of Galpin Boulevard and Hunter Drive/"Paisley Path" that includes plan and profile views of the location of all existing utilities. Include a note to coordinate this work with the Public Works Utility Department and city inspector 48 hours prior to wet tap. 26. On Sheet 1.5 of the sanitary sewer and water main plans: DIP tees for risers on "Purple Parkway" shall be updated to be C900 wyes; the 20' DIP stubbed out of MH 16-078 shall be PVC, also add note to address proper pipe support (compaction)under influence zone of pipe. 27. For all storm sewer plans: any HDPE pipe shall be called-out as "N-12" in accordance with city standard specifications. 28. Developer shall underground all overhead utilities off Galpin Boulevard and provide security in the amount of $364,400.00 to guarantee completion of the undergrounding with the 2nd Addition of The Park. 29. Remove existing chain link fence along the entire southern property line. Stormwater Conditions & Wetlands 1. An operations and maintenance plan for the proposed stormwater management system will be required prior to approval. 2. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. 203914v2 SP-6 3. Access routes for all proposed stormwater basins are required for maintenance purposes. Applicant should call out access locations for all proposed stormwater basins. 4. A defined riprap EOF spillway will be required for all stormwater basins per details provided on Sheet 33. Applicant should include location and elevation of all EOF spillways on the storm sewer plans. 5. The only remaining inconsistency to update is the weir in OCS 400B should be changed in HydroCAD from a four-foot weir to a five-foot weir. 6. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. 7. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Please indicate wetland buffer widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in the city's guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder's office. 8. Where possible,the applicant shall update all storm sewer so the maximum pipe velocity is 12 feet per second. If not possible, pipe velocities should not exceed 15 feet per second per MnDOT guidance. 9. The 15" outlet pipe from CB-490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19" horizontal orifice should be routed to the 15"pipe. 10. The slope of the outlet pipe from Wetland 12 should be updated in the HydroCAD model to match what is illustrated on the plans. 11. For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. Landscaping and Tree Preservation 1. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 2. The applicant shall meet the minimum requirement of 461 trees for the development. All required trees must meet minimum size requirements for deciduous and evergreen species. 203914v2 SP-7 3. Buffer plantings shall be added to the east of the city well building. Five evergreen trees shall be planted to the east of the well house. 4. Any well house access road shall avoid removals of any significant trees in Outlot E or F. No significant oaks may be removed. 5. Northern Pin Oak shall be replaced with White, Bur, Red or Bi-color oak species in the plant schedule. 6. No tree Genus shall comprise of more than 20%of the total number of trees and no tree species shall comprise of more than 10%of the total number of trees. 7. Lots with significant tree cover contain conservation easements to protect the wooded areas. Lots 153 and 154 shall have protective easements over parts of the lot containing existing forest. Specifically, the westerly 200 feet of Lot 154, and the easterly 200 feet of Lot 153. 8. Fifteen evergreen trees shall be planted in Outlot A north of Royal Oak Estates. Location to be determined by the City Forester. 9.General Conditions. The general conditions of this Contract are attached as Exhibit B" and incorporated herein. remainder ofpage intentionally left blank) signature pages to follow) 203914v2 SP-8 CITY OF CHANHASSEN BY: Elise Ryan, Mayor SEAL) AND: Todd Gerhardt, City Manager STATE OF MINNESOTA) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 20_, by Elise Ryan, 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 203914v2 SP-9 U.S. HOME CORPORATION D/B/A LENNAR BY: Jonathan Aune,Vice President STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by Jonathan Aune,Vice President of U.S. Home Corporation, a Delaware Corporation, D/B/A Lennar, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 952) 227-1100 203914v2 SP-10 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Tract A, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota. Together with: Tract B, Registered Land Survey No. 89, according to the recorded plat thereof, Carver County, Minnesota, except all that part thereof lying northerly of the following described line: Commencing at the North Quarter corner of Section 10, Township 116, Range 23, said Carver County; thence on an assumed bearing of South 00 degrees 45 minutes 14 seconds East, along the North-South Quarter line of said Section 10, a distance of 515.00 feet to the point of beginning of the line to be described; thence South 87 degrees 48 minutes 41 seconds East, along a line parallel with the North line of the Northeast Quarter of said Section 10, a distance of 1661 feet plus or minus to the east line of said Tract B and the shoreline of Lake Lucy and there terminating. Together with: That part of the South Half of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, lying easterly of the centerline of County Road No. 117, also known as Galpin Boulevard, and lying North of the South 186.00 feet of said South Half of the Northeast Quarter of the Northwest Quarter thereof. Together with: That part westerly 183.00 feet of each of the following two tracts: 1) That part of the south 186.00 feet of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). 2) That part of the South Half of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). Which lies northerly of lines described as follows: 203914v2 Commencing at the northeast corner of said South Half of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 08 seconds West, along the north line of said South Half of the Northwest Quarter a distance of 588.71 feet, to the beginning of the lines to be described; thence South 65 degrees 37 minutes 15 seconds West a distance of 98.69 feet; thence northwesterly a distance of 141.37 feet along a non-tangential curve concave to the southwest having a radius of 180.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, the chord of said curve is 137.77 feet in length and bears North 46 degrees 52 minutes 45 seconds West; thence North 69 degrees 22 minutes 45 seconds West, tangent to said curve a distance of 40.00 feet and said line there terminating. 203914v2 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue,for the account of (Name of Developer) and in your favor,our Irrevocable Letter of Credit in the amount of$ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 of (Name of Bank) "; b)Be signed by the Mayor or City Manager of the City of Chanhassen. c)Be presented for payment at (Address of Bank) ,on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel,this Letter of Credit.Written notice is effective if sent by certified mail,postage prepaid,and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager,Chanhassen City Hall,7700 Market Boulevard,P.O. Box 147,Chanhassen,MN 55317,and is actually received by the City Manager at least thirty(30)days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 203914v2 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1.Right to Proceed. Within the plat or land to be platted,the Developer may not grade or otherwise disturb the earth,remove trees,construct sewer lines,water lines, streets,utilities,public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2)the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located,and 4)the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2.Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat,the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots,within two (2)years after preliminary plat approval. 4.Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5.Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards,ordinances,and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from 203914v2 GC-1 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 203914v2 GC-2 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9.Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,on and off site, dirt and debris,including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements,a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed,the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety(90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,to draw upon the letters of credit in an amount up to 125%of the claim(s)and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'fees. 12. Park Dedication. Park dedication for the entire plat is satisfied by the conveyance of Outlot A to the City. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half(2'/2) inches caliper, either bare root in season,or balled and burlapped. The trees may not be planted in the boulevard(area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six(6)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 October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, 203914v2 GC-3 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 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 203914v2 GC-4 signs the final plat,the Developer shall pay the City a fee of$300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty(20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount,type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent(3%) of construction costs; ii) if the cost of the construction of public improvements is between$500,000 and 1,000,000,three percent(3%) of construction costs for the first$500,000 and two percent(2%)of construction costs over$500,000; iii) if the cost of the construction of public improvements is over$1,000,000,two and one-half percent (2'/2%) of construction costs for the first $1,000,000 and one and one-half percent(11/2%)of construction costs over$1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed,the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee,the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. 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 203914v2 GC-5 for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty(30) days after receipt. If the bills are not paid on time,the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty(30)days shall accrue interest at the rate of 8%per year. F. In addition to the charges and special assessments referred to herein,other charges and special assessments may be imposed such as, but not limited to, sewer availability charges SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps,GIS data base files,and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder,the City may,at its option,perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default,not less than four(4)business days in advance,except not notice is necessary in cases of emergency as determined by the City. 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 thirty 30)days following the acceptance of the public improvements unless otherwise approved by the City Engineer. 203914v2 GC-6 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. Except for model homes authorized under the City Code, 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 revegetated 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 as 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 must be given ten (10) 203914v2 GC-7 days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots,the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation 500.00 Second violation 1,000.00 Third& subsequent violations All site development and construction must cease for seven(7)calendar days M. Noise Amplification. The use of outdoor loudspeakers, 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. 0. 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 203914v2 GC-8 request. The City shall not be responsible for reshaping or damage to the street 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. 203914v2 GC-9 V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project,a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released,the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3)two complete sets of utility tie sheets, 4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6)bench mark network, (7) digital file of as-built plans in both .dxf& .tif format(the .dxf file must be tied to the current county coordinate system), (8)digital file of utility tie sheets in either.doc or.tif format,and(9)a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod,a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. 203914v2 GC-10