Avienda grading_permit
GRADING PERMIT
PERMIT dated ______________, issued by the CITY OF CHANHASSEN, a Minnesota
political subdivision ("City"), to _______________________________., a Launch Properties, LLC (the
"Developer").
1. Request for Grading Permit. The Developer has asked the City to approve a grading permit in
conjunction with the proposed plat for Avienda (referred to in this permit as the "plat"). The land is
legally described as follows:
THE SOUTH HALF OF THE SOUTHWEST QUARTER (S 1/2 OF SW 1/4), SECTION 23, TOWNSHIP 116, RANGE 23,
CARVER COUNTY, MINNESOTA, EXCEPT THE FOLLOWING 2 DESCRIBED TRACTS:
LINE 1. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 116, RANGE 23; THENCE
RUNNING NORTHON SECTION LINE 30 FEET; THENCE IN A STRAIGHT LINE TO A POINT ON THE SOUTH
SECTION LINE OF SAID SECTION, 30FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION; THENCE
WEST 30 FEET TO SAID SOUTHWEST CORNER OFSAID SECTION AND PLACE OF BEGINNING, BEING A
THREE CORNERED PIECE IN SOUTHWEST CORNER OF SAID SECTION23, TOWNSHIP 116 RANGE 23; AND 2.
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THEEAST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, BOTH IN SECTION 23, TOWNSHIP 116 NORTH,
RANGE 23 WEST, CARVER COUNTY, MINNESOTA WHICH LIES EASTERLY OF LINE 2 DESCRIBED BELOW:
LINE 2. BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE RUN WEST ON AN
AZIMUTH OF 271DEGREES 56 MINUTES 13 SECONDS ALONG THE SOUTH LINE OF SAID SECTION 23 FOR
1634.23 FEET TO A POINT; THENCEON AN AZIMUTH OF OO DEGREES 43 MINUTES 24 SECONDS FOR 500.11
FEET TO A POINT; THENCE ON AN AZIMUTH OF 91DEGREES 56 MINUTES 13 SECONDS FOR 1173.46 FEET TO
A POINT; THENCE ON AN AZIMUTH OF 29 DEGREES 19 MINUTES18 SECONDS FOR 152.11 FEET TO A POINT;
THENCE ON AN AZIMUTH OF 352 DEGREES 57 MINUTES 23 SECONDS FOR709.36 FEET TO A POINT ON THE
NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ONAN AZIMUTH OF
91 DEGREES 23 MINUTES 02 SECONDS ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER FOR 475.37 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER AND THERE TERMINATING.
ABSTRACT.
TOGETHER WITH
PARCEL 1
THE NORTH 420.00 FEET OF THE EAST 414.86 FEET OF THE NW 1/4 OF THE SW 1/4 OF SECTION 23,
TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA.
PARCEL 2
THE NW 1/4 OF THE SW 1/4 OF SECTION 23, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA
EXCEPT FOR THE SOUTH 658.24 FEET THEREOF; AND ALSO EXCEPT THE NORTH 420.00 FEET OF THE EAST
414.86 FEET THEREOF.
PARCEL 3
THE SOUTH 658.24 FEET OF THE NW 1/4 OF THE SW 1/4 OF SECTION 23, TOWNSHIP 116, RANGE 23, CARVER
COUNTY, MINNESOTA.
TOGETHER WITH
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE 1/4 OF SW 1/4) OF SECTION TWENTY-
THREE (23), TOWNSHIP ONE HUNDRED SIXTEEN (116) NORTH OF RANGE TWENTY-THREE (23) WEST,
CARVER COUNTY, MINNESOTA, EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER {NE 1/4 OF SW 1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ONE HUNDRED SIXTEEN (116)
NORTH, RANGE TWENTY-THREE (23) WEST, SHOWN AS PARCEL 64 ON MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-19, FILED 10-19-2004 AS DOCUMENT NO. 39930
2. Conditions of Approval. The City hereby approves the permit on condition that the
Developer abide by its terms and furnish the security required by this permit and meet all conditions of
the City Council approved for final plat and grading plan.
3. Plans. The proposed plat shall be graded in accordance with the City approved plans. The
plans shall not be attached to this permit. If the plans vary from the written terms of this permit, the
written terms shall control. The plans are:
Grading and Soil Erosion Control Plan for Avienda Plat
4. Time of Performance. The Developer shall complete the grading, drainage and erosion
control in the plat by December 31, 2019. 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. Erosion Control. Erosion Control Plan shall be implemented by the Developer and daily
inspected by its Engineer. The City will inspected the proposed plat area as needed and may impose
additional erosion control requirements if deemed necessary. 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. 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. If the Developer does not reimburse the City for any cost the City incurred for
such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. A
NPDES General Permit to Discharge Stormwater Associated with Construction Activity (MN R100001)
must be obtained before any soil disturbing activity begins. In compliance with MN R100001 Part
III.C., A temporary sediment basin must be provided for every 5 acres of disturbance. Prior to receiving
a grading permit developer must submit a dewatering plan including proposed staging of dewatering
equipment, and materials being used. All dewatering activity done during construction must have prior
approval from City Water Resources Staff. A certified SWPPP Inspector must be identified, and contact
information provided, before any soil disturbing activity begins. All disturbed, unworked slopes 3:1 or
greater require erosion control blanket or equivalent stabilization within 7 days.
6. Grading Plan. The proposed plat shall be graded in accordance with the grading plan. Within
thirty (30) days after completion of the grading and before the City releases the security, the Developer
shall provide the City with an "as constructed" grading plan and a certification by a registered land
surveyor or engineer that all ponds, swales, and ditches have been constructed per plan and functioning
to meet approved storm water requirements.
7. Clean up. The Developer shall promptly clean dirt and debris from streets that has resulted
from construction work by the Developer, its agents or assigns.
8. Security. To guarantee compliance with the terms of this permit, the Developer shall furnish
the City with a cash escrow or irrevocable letter of credit, in the form attached hereto as Exhibit A, from
a bank ("security") for $500,000. The bank and form of the letter of credit shall be subject to the
approval of the City. The letter of credit shall be for a term ending December 31, 2020.
9. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the grading, drainage and erosion control, including but not limited to legal,
planning, engineering and inspection expenses incurred in connection with approval and acceptance of
the permit, the preparation of this permit, and all costs and expenses incurred by the City in monitoring
and inspecting the grading, drainage and erosion control.
B. 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 permit approval
and work done in conjunction with it. 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 attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
permit, including engineering inspection and attorney's fees.
D. 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 work and construction.
10. 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 48 hours in advance. This permit 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.
11. Insurance. Developer shall take out and maintain or cause to be taken out and maintained
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 $750,000 for one person and
$2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each
occurrence. 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.
CITY OF CHANHASSEN
BY: ____________________________________
(SEAL) Mayor
AND ____________________________________
City Manager
DEVELOPER:
BY: ____________________________________
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF Carver )
The foregoing instrument was acknowledged before me this _______ day of
_________________, 20__, by ____________________________ and by _______________________,
respectively the Mayor and 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 _______________,
__, by _____________________, the ______________________ of Launch Properties, LLC of
Minnesota, Inc., a Minnesota corporation, on its behalf.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
AMP
EXHIBIT "A"
TO
GRADING PERMIT
Irrevocable Letter of Credit
No. ___________________
Date: _________________
TO: City of Chanhassen
601 Main Street
PO Box 99
Chanhassen, Minnesota 55054
Dear Sir or Madam:
We hereby issue, for the account of ___ Launch Properties, LLC and in your favor, our
Irrevocable Letter of Credit in the amount of $500,000, 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 ________________,
20___, of ____(Name of Bank)____";
b) Be signed by the Mayor or City Clerk of the City of Chanhassen.
c) Be presented for payment at ___(Address of Bank)___, on or before 4:00 p.m. on November 30,
20___.
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 Clerk 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 Clerk, Chanhassen City Hall, 7700 Market Blvd, P.O. Box 147 Chanhassen, MN 55317,
and is actually received by the City Clerk 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. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY: ____________________________________
Its ______________________________