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Approval Letter 9-30-05 CITY OF CHANHASSEN 7700 Market Bou levard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227,1100 Fax 952.227,1110 Building Inspections Phone 952.227,1180 Fax: 952.227.1190 Engineering Phone: 952.227,1160 Fax 952,227.1170 Finance Phone 952,227.1140 Fax: 952,227.1110 Park & Recreation Phone 952,227,1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone 952.227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone 952.227,1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952,227,1310 Senior Center Phone: 952,227.1125 Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us September 30, 2005 Mr. Mark Undestad Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Re: Final Plat Approval- Chanhassen West Business Park Planning Case #05-23 Dear Mark: This letter is to confirm that on September 29,2005 the Chanhassen City Council approved the following: Final Plat for Chanhassen West Business Park creating 8 lots, 3 outlots and associated right-of-way for public streets (plans prepared by Schoell & Madson, Inc., dated September 6, 2005), subject to the following conditions: 1. Applicant shall increase landscape plantings in the south and east property line bufferyards to meet minimum requirements. A revised landscape plan shall be submitted before final approval. 2. Tree protection fencing shall be installed prior to any construction activities. Fencing shall remain in place until construction is completed. 3. All trees shown as preserved on plans dated 6/17/05 shall be protected. Any trees damaged or removed shall be replaced at a rate of 2: 1 diameter inches. 4. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. 5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands and proposed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the wetland buffer. 6. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play, Mr. Mark Undestad Final Plat Approval- Chanhassen West Business Park Planning Case 05-23 September 30,2005 Page 2 of 7 applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 7. Stable emergency overflows shall be provided for the proposed pond on site. The emergency overflows shall be clearly labeled on the plan and a detail is needed. The emergency overflows may be stabilized with a turf re-enforcement mat or fabric and riprap. 8. Notes on the plan describing timing of temporary stabilization with Type 1 mulch and seed or erosion control blanket and seed shall be included. The notes shall include timing of stabilization as well as the rate of mulch application (2 tons per acre, disc anchored). 9. All riprap/fabric at the flared end section shall be installed within 24 hours of flared end section installation. 10. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have tempQrary erosion protection or permanent cover year round, . according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 11. Erosion control blanket shall be specified in the swale from the flared end section to the wetland along the west boundary of the site. The blanket specified shall adequately protect the area from designed velocity and depth of flow. The blanket and seed in the swale shall be installed within 5 days of culvert installation. Erosion control blanket is recommended for the pond slopes from around 952 to 942 contours. All blanket on the plan shall be shown as a shaded area. 12. Temporary sediment basins shall be installed prior to disturbing upslope areas. The areas of temporary sediment basins shall be labeled on the plan. A temporary outlet (e.g., a perforated riser and rock cone) shall be provided for the pond; details should be provided. Temporary basins shall be constructed in the area of the proposed permanent storm water pond, the southeast comer of the site prior to discharging to the culvert under Galpin Boulevard, and possibly in the northwest area of the site to handle water runon from the north prior to discharge to the wetland. 13. Any and all area inlets or drop inlets in paved areas shall be protected with alternate controlslWimco details. The engineer shall research and provide alternate designs for Mr. Mark Undestad Final Plat Approval- Chanhassen West Business Park Planning Case 05-23 September 30, 2005 Page 3 of7 Wimco-type inlet controls to fit the various types of inlets. 14. Additional inlet controls shall be provided for adjacent inlets on Galpin Boulevard and Galpin Court. 15. Silt fence shall be installed around Outlot A along the east side between the pond and the wetland. 16. Type 1 and Type 2 silt fence locations shall be specified on the plan. Type 2 silt fence shall be installed around all wetland areas and in the southeast comer of the site to protect the culvert under Galpin Boulevard. The silt fence shall be extended along the south side to close the gap in the silt fence. 17. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 18. The total SWMP fee, due payable to the City at the time of final plat recording, is $301,493.29. 19. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Minnesota Pollution Control Agency (NPDES Phase IT construction permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. 20. In lieu of parkland dedication and trail construction, full park fees shall be collected at the rate in force at the time of final plat for the proposed Chanhassen West Business Park. At current rates, the park fee would total $359,500 (35.95 x $10,000 per acre). 21. A demolition permit must be obtained before beginning demolition of any existing structures. 22. A lO-foot clear space must be maintained around fire hydrants i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 23. Fire apparatus access roads and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 24. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 25. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire code Section 503.2.3. Mr. Mark Undestad Final Plat Approval- Chanhassen West Business Park Planning Case 05-23 September 30, 2005 Page 4 of7 26. Temporary street signs shall be installed on street intersections when construction of a new roadway allows passage be vehicles. Pursuant to 2002 Minnesota fire code Section 501.4. 27. Prior to construction, storm sewer design data will need to be submitted with drainage map for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a lO-year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including storm water ponds, drainage swales, emergency overflows, access routes for maintenance, over all existing wetlands, wetland mitigation areas, and buffer areas used as PVc. The minimum easement width shall be 20 feet wide. 28. The interior lot storm sewer will require private easements to be dedicated where the sewer crosses from one lot to another. 29. Show minimum 30-foot utility easement between Lots 4 and 5, Block 2 along the private . driveway from sanitary MH #6 to MH #8. 30. The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 31. On the site plan: a. Revise the cul-de-sac pavement radius to 48 feet. b. Revise the parking driveway aisle from 24 feet to 26 feet wide. c. Revise the public street width from 32 feet to 36 feet wide. d. Increase the full access width off Galpin Boulevard to 44 feet and create three lane access. e. Shift Lots 1 and 8 easterly access further toward the west and realign them across from each other. f. Show at least one, 6-foot wide, side walk along the public street and pedestrian curb ramps. g. Show the access off Galpin Boulevard turning curb radius. h. Realign Lot 5, Block 2 access perpendicular to the shared driveway. 1. Show handicap parking spots and ramps. J. Show concrete driveway apron at every lot access per detail #5207. 32. On the grading plan: a. Extend silt fence between the storm pond and Outlot A. Silt fence Type II must be used adjacent to wetlands and storm pond. b. Revise contour lines to match 3:1 maximum slope and tie the proposed contour lines with the existing contours for Lots 4, 5, Block 2, south of Lot 2, Block 1, and northeast of Lot 1, Block 2. c. Show the proposed contour lines for Lot 3, Block 1. d. Show all retaining walls top and bottom elevations. Mr. Mark Undestad Final Plat Approval- Chanhassen West Business Park Planning Case 05-23 September 30, 2005 Page 5 of 7 e. Show all emergency overflows (EOF). The EOF must be 1.5' lower than the adjacent lowest floor. f. Revise Lot 3, Block 1 parking slope to 0.7% minimum. g. Add a note to remove any existing structure and access off Galpin Boulevard and Lyman Boulevard. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. h. Show 75-foot minimum construction rock entrance. 1. No retaining walls structure is allowed within public street and/or public utility easements, revise accordingly. J. Show contour lines for the berm on Outlot B. 33. On the utility plans: a. Show 20-foot proposed drainage and utility easements between Lots 2 and 3, Block 2. b. Show the proposed sanitary and storm sewer stubs inverts. c. Add storm sewer schedule. d. Pu~lic storm sewer pipe type must be RCP and 15-inch min.imum diameter. e. The last street accessible storm manhole (STMH#2) must be built with a sump. f. On the utility profile show all sewer and pipe crossings. g. Minimum vertical separation must be 18 inches between watermain and sewer. h. Call out watermain fittings 1. Add the outlet control structure per detail #3109. 34. Any retaining wall over four feet in height must be designed by a registered Civil Engineer in the state of Minnesota with an approved safety fence on top of it. Also, it will require a building permit from the Building Department. 35. Add the following City of Chanhassen latest Detail Plate Nos. 1001, 1002, 1003,2109, 2110, 2201,2204,2205,3104,5201,5205,5214,5215,5216,5217,5221,5232,5240,5241,5242, 5302 and 5313. 36. Prior to final plat approval, a professional civil engineer registered in the state of Minnesota must sign all plans. 37. Storm pond is required to be designed to National Urban Runoff Program (NURP) standards with maximum 3: 1 slopes and a 10: 1 bench at the NWL. Submit drainage calculations for staff review. 38. Cross-access easements for the shared driveway accesses must be obtained and recorded against the lots for each of the entrance drives. 39. Any off-site grading will require easements from the appropriate property owner. 40. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary Mr. Mark Undestad Final Plat Approval- Chanhassen West Business Park Planning Case 05-23 September 30, 2005 Page 6 of7 financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, MnDOT, etc. 41. 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 and traffic control plans. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 42. All private streets are required to have 26-foot wide paved streets from back-of-curb to back- of-curb, be built to a 9-ton design and contained within a 40-foot wide private easement. At the completion of the project, the developer will be required to submit inspection/soil reports certifying that t~e private streets were built to a 9-ton design. 43. All of the proposed building pads must have a rear yard elevation at least three feet above the HWL of the adjacent ponds. 44. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 45. Comply with Carver County memo dated June 28, 2005 and revise the plans accordingly. 46. Revise plan sheet size to 24 x 36 using scale 50. 47. The developer shall dedicate a permanent conservation easement over Outlot C. 48. The applicant shall work with staff to resolve any drainage issues along Lots 5, 6 and Outlot C. 49. The developer shall construct a berm within the 16 foot setback outside the wetland buffer zone on Lot 5. 50. Revise the construction plans to correspond with the final plat lot designations. 51. Approval of the final plat is contingent upon approval of final construction plans/specifications for the project along with the developer entering into a development contract with the City and supplying the necessary financial security and fees. 52. The developer shall pay the $121,960.80 Arterial Collector Fee. 53. The developer shall work with the City of Chaska to accommodate storm water from properties to the west of the project site." Mr. Mark Undestad Final Plat Approval- Chanhassen West Business Park Planning Case 05-23 September 30, 2005 Page 7 of 7 Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract (enclosed) and conservation easement, the required financial security required by the development contract ($705,430.00) and the administrative fees in the amount of $467,832.49. Two 1 "=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. The City will submit all the necessary documents to Carver County for recording of the subdivision. Should you have any questions, please feel free to contact me at (952) 227-1131. Si~cere~) j ..~//~- ,/ L'/ Robert Generous, AICP Senior Planner Enclosures ec: Alyson Morris, Assistant City Engineer Steve Torell, Building Official c: Patrick Minger g:\plan\2005 planning cases\05-23 chanhassen west business park\approvalletter final plat.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CHANHASSEN WEST BUSINESS PARK DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROV AL............................................................................SP-I 2. CONDITIONS OF PLAT APPROVAL ........................................................................SP-I 3. DEVELOPMENT PLANS... ........... ........ ...... .... ..... .... .............................. .......... ........... SP-I 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-9 GENERAL CONDITIONS 1. RIGID' TO PROCEED. .......................... ................................ ...................................... GC-I 2. PHASED DEVELOPMENT......:..................................................................................GC-l 3. PRELIMINARY PLAT STATUS ................................................................................GC-I 4. CHANGES IN OFFICIAL CONTROLS ......................................................................GC-I 5. IMPROVEMENTS. ..... .......... ......... ..... ...... ......... ..... ................ ........ ..... ... ..... ........ ........ GC-I 6. IRON MONUMENTS....................................... ......................................... ........ .......... GC-2 7. LICENSE....................................................................................... ........ ....................... GC-2 8. SITE EROSION 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 LIGID'ING ....... ................... .......... ................................................. 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-6 C. Third Parties.................................... ............................................................ ...... GC-7 1 D. Breach of Contract. ....... ................. ............ .... ...... ............. ....... ........ ......... ........ GC-7 E. Severability............... ....... ............ ....... ....... ......... ..................... ........ ..... .......... ..GC-7 F. Building Permits ....... ..... ................. .... ....... ..... .... ................. ............. .... .... ........ GC-7 G. W aiversl Amendments......... ....... ................... ....... ........... ..... .......... ....... ............ GC-7 H. Release............ ....... ............................ ................................ .......... ......... ............ GC-7 I. Insurance........................................................................................................... GC-7 J. Remedies.. ............................................. ...... ......... ..... ................... .............. ....... GC-7 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-8 Q. Soil Treatment Systems........................ ........ ............. ..... .......... ................ ........ GC-9 R. Variances........................................................................................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations......................................GC-9 T. Proof of Ti tIe..................................................................................................... GC-9 U. Soil Conditions........................... ..~..... ................... .......... ................ ................. GC-9 V. Soil Correction.... ....... .......... ..... ........ ............. ...... ....... ................................. ..... GC-9 W. Haul Routes ................................................... .................. .................................... GC-IO X. Development Signs.............................................................................................. GC-l 0 Y. Construction Plans............................................................................................... GC-l 0 Z. As-Built Lot Surveys ................... ........... .................................. ......... .................. GC-IO 11 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) CHANHASSEN WEST BUSINESS PARK SPECIAL PROVISIONS AGREEMENT dated September 29, 2005 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, EDEN TRACE CORPORATION (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Chanhassen West Business 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 September 29,2005, prepared by Schoell & Madson, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated September 6,2005, prepared by Schoell & Madson, Inc. Plan C: Plans and Specifications for Improvements dated September 6, 2005, prepared by Schoell & Madson, Inc. Plan D: Landscape Plan dated September 6, 2005, prepared by Schoell & Madson, Inc. SP-l 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. 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 by November 15, 2005. 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. 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 $705,430.00. The amount of the security was calculated as 110% of the following: Streets $ 138,000.00 $ 46,000.00 $ 61,000.00 $ 43,200.00 $ 78,000.00 $ 55,200.00 $ 18,000.00 $ 31,900.00 $ 170,000.00 Site Grading/Restoration Sanitary Sewer Watermain Storm Sewer, Drainage System, including cleaning and maintenance Street lights and signs Erosion control Engineering, surveying, and inspection Landscaping SP-2 TOTAL COST OF PUBLIC IMPROVEMENTS $ 641.300.00 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 comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Eden Trace Corporation 8156 Mallory Court 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 registered 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. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $705,430.00 and pay an administration fee of $467,832.49. B. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards~ C. Applicant shall increase landscape plantings in the south and east property line bufferyards to meet minimum requirements. A revised landscape plan shall be submitted before final approval. D. Tree protection fencing shall be installed prior to any construction activities. Fencing shall remain in place until construction is completed. SP-3 E. All trees shown as preserved on plans dated 6/17/05 shall be protected. Any trees damaged or removed shall be replaced at a rate of 2: 1 diameter inches. F. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. G. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands and proposed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the wetland buffer. H. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. I. Stable emergency overflows shall be provided for the proposed pond on site. The emergency overflows shall be clearly labeled on the plan and a detail is needed. The emergency overflows may be stabilized with a turf re-enforcement mat or fabric and riprap. J. Notes on the plan describing timing of temporary stabilization with Type 1 mulch and seed or erosion control blanket and seed shall be included. The notes shall include timing of stabilization as well as the rate of mulch application (2 tons per acre, disc anchored). K. All ripraplfabric at the flared end section shall be installed within 24 hours of flared end section installation. L. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 1O:1to3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems SPA that discharge to a surface water. M. Erosion control blanket shall be specified in the swale from the flared end section to the wetland along the west boundary of the site. The blanket specified shall adequately protect the area from designed velocity and depth of flow. The blanket and seed in the swale shall be installed within 5 days of culvert installation. Erosion control blanket is recommended for the pond slopes from around 952 to 942 contours. All blanket on the plan shall be shown as a shaded area. N. Temporary sediment basins shall be installed prior to disturbing upslope areas. The areas of temporary sediment basins shall be labeled on the plan. A temporary outlet (e.g., a perforated riser and rock cone) shall be provided for the pond; details should be provided. Temporary basins shall be constructed in the area of the proposed permanent storm water pond, the southeast comer of the site prior to discharging to the culvert under Galpin Boulevard, and possibly in the northwest area of the site to handle water runon from the north prior to discharge to the wetland. O. Any and all area inlets or drop inlets in paved areas shall be protected with alternate controls/Wimco details. The engineer shall research and provide alternate designs for Wimco- type inlet controls to fit the various types of inlets. P. Additional inlet controls shall be provided for adjacent inlets on Galpin Boulevard and Galpin Court. Q. Silt fence shall be installed around Outlot A along the east side between the pond and the wetland. R. Type 1 and Type 2 silt fence locations shall be specified on the plan. Type 2 silt fence shall be installed around all wetland areas and in the southeast comer of the site to protect the culvert under Galpin Boulevard. The silt fence shall be extended along the south side to close the gap in the silt fence. S. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. T. The total SWMP fee, due payable to the City at the time of final plat recording, is $301,493.29. U. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Minnesota Pollution Control Agency (NPDES Phase II construction permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. V. In lieu of parkland dedication and trail construction, full park fees shall be collected at the rate in force at the time of final plat for the proposed Chanhassen West Business Park. At SP-5 current rates, the park fee would total $359,500 (35.95 x $10,000 per acre). W. A demolition permit must be obtained before beginning demolition of any existing structures. X. A lO-foot clear space must be maintained around fire hydrants i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Y. Fire apparatus access roads and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. Z. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. AA. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire code Section 503.2.3. BB. Temporary street signs shall be installed on street intersections when construction of a new roadway allows passage be vehicles. Pursuant to 2002 Minnesota fire code Section 501.4. CC. Prior to construction, storm sewer design data will need to be submitted with drainage map for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a lO-year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including storm water ponds, drainage swales, emergency overflows, access routes for maintenance, over all existing wetlands, wetland mitigation areas, and buffer areas used as PVc. The minimum easement width shall be 20 feet wide. DD. The interior lot storm sewer will require private easements to be dedicated where the sewer crosses from one lot to another. EE. Show minimum 30-foot utility easement between Lots 4 and 5, Block 2 along the private driveway from sanitary MH #6 to MH #8. FF. The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. SP-6 GG. On the site plan: 1. Revise the cul-de-sac pavement radius to 48 feet. 2. Revise the parking driveway aisle from 24 feet to 26 feet wide. 3. Revise the public street width from 32 feet to 36 feet wide. 4. Increase the full access width off Galpin Boulevard to 44 feet and create three lane access. 5. Shift Lots 1 and 8 easterly access further toward the west and realign them across from each other. 6. Show at least one, 6-foot wide, side walk along the public street and pedestrian curb ramps. 7. Show the access off Galpin Boulevard turning curb radius. 8. Realign Lot 5, Block 2 access perpendicular to the shared driveway. 9. Show handicap parking spots and ramps. 10. Show concrete driveway apron at every lot access per detail #5207. HR. On the grading plan: 1. Extend silt fence between the storm pond and Outlot A. Silt fence Type II must be used adjacent to wetlands and storm pond. 2. Revise contour lines to match 3:1 maximum slope and tie the proposed contour lines with the existing contours for Lots 4, 5, Block 2, south of Lot 2, Block 1, and northeast of Lot 1, Block 2. 3. Show the proposed contour lines for Lot 3, Block 1. 4. Show all retaining walls top and bottom elevations. 5. Show all emergency overflows (EOF). The EOF must be 1.5' lower than the adjacent lowest floor. 6. Revise Lot 3, Block 1 parking slope to 0.7% minimum. 7. Add a note to remove any existing structure and access off Galpin Boulevard and Lyman Boulevard. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 8. Show 75-foot minimum construction rock entrance. 9. No retaining walls structure is allowed within public street and/or public utility easements, revise accordingly. 10. Show contour lines for the berm on Outlot B. II. On the utility plans: 1. Show 20-foot proposed drainage and utility easements between Lots 2 and 3, Block 2. 2. Show the proposed sanitary and storm sewer stubs inverts. 3. Add storm sewer schedule. 4. Public storm sewer pipe type must be RCP and IS-inch minimum diameter. 5. The last street accessible storm manhole (STMH#2) must be built with a sump. 6. On the utility profile show all sewer and pipe crossings. 7. Minimum vertical separation must be 18 inches between watermain and sewer. 8. Call out watermain fittings SP-7 9. Add the outlet control structure per detail #3109. n. Any retaining wall over four feet in height must be designed by a registered Civil Engineer in the state of Minnesota with an approved safety fence on top of it. Also, it will require a building permit from the Building Department. KK. Add the following City of Chanhassen latest Detail Plate Nos. 1001, 1002, 1003,2109, 2110,2201,2204,2205,3104,5201,5205,5214,5215,5216,5217,5221,5232,5240,5241, 5242,5302 and 5313. LL. Prior to final plat approval, a professional civil engineer registered in the state of Minnesota must sign all plans. MM. Storm pond is required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. Submit drainage calculations for staff review. NN. Cross-.access easements for the shared driveway accesses must.be obtained and recorded against the lots for each of the entrance drives. 00. Any off-site grading will require easements from the appropriate property owner. PP. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, MnDOT, etc. QQ. 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 and traffic control plans. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. RR. All private streets are required to have 26-foot wide paved streets from back-of-curb to back-of-curb, be built to a 9-ton design and contained within a 40-foot wide private easement. At the completion of the project, the developer will be required to submit inspection/soil reports . certifying that the private streets were built to a 9-ton design. SP-8 SS. All of the proposed building pads must have a rear yard elevation at least three feet above the HWL of the adjacent ponds. TT. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. DU. Comply with Carver County memo dated June 28, 2005 and revise the plans accordingly. vv. Revise plan sheet size to 24 x 36 using scale 50. WW. The developer shall dedicate a permanent conservation easement over Outlot C. xx. The applicant shall work with staff to resolve any drainage issues along Lots 5, 6 and Outlot C. YY. The developer shall construct a berm within the 16 foot setback outside the wetland buffer zone on Lot 5. zz. Revise the construction plans to correspond with the final plat lot designations. AAA. Approval of the final plat is contingent upon approval of final construction plans/specifications for the project along with the developer entering into a development contract with the City and supplying the necessary financial security and fees. BBB. The developer shall pay the $121,960.80 Arterial Collector Fee. CCc. The developer shall work with the City of Chaska to accommodate storm water from properties to the west of the project site." 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP-9 CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor (SEAL) AND: Todd Gerhardt, City Manager EDEN TRACE CORPORATION: BY: Its ST ATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 20_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP-lO EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the East Half (E1I2) of the Souteast Quarter (SW1/4), Section 16, Township 116, Range 23 West, which lies South of the North 915.41 feet, westerly of the centerline of County State Aid Highway No. 19, and North of the South 100.00 feet, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. ALSO That part of the Southwest quarter of the Southwest Quarter of Section 15, Township 116 North, Range 23 West, lying westerly of the centerline of the County State Aid No. 19 and northerly of the' centerline of County State Aid Highway No. 18. Said property being subject to easements for roadway purposes for County State Aid Highway 19 and County State Aid Highway 18, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. Excepting from the first parcel described above the following: All that part of the South 150.00 feet of the north 1065.41 feet of the East Half of the Southeast Quarter of Section 16, Township 116, Range 23, Carver County, Minnesota lying westerly of the centerline of County State Aid Highway 19, according to the plat thereof on file or f record in the office of the County Recorder, Carver County, Minnesota. SP-11 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of ,20 . STATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP-12 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of ,20_. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: Ci ty of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP-13 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 Irrevocable Letter of Credit in the amount of $ on the undersigned bank. (Name of Developer) and in your favor, our , available to you by your draft drawn on sight The draft must: 2 a) Bear the clause, "Drawn under Letter of Credit No. ,of (Name of Bank) "; , dated 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.rn. 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, 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, mternational 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 SP-14 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 multi phased 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 GC-l necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. ~ 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion Control. Before the site is rough graded, and before any utility construction is commenced or 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 of 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 the plat is in full compliance with the erosion control requirements. Erosion 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 control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion 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 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code ~ 20-94. GC-2 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (2Yz) 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 control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by GC-3 the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 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 eighteen (18) months 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. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC-4 ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. Any upgrade to City standard lights, monthly operation and maintenance fee charges shall be paid by the developer. 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 CDst 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 (2Y2%) of construction costs for the first $1,000,000 and one and one-half percent (IY2%) 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 inspections. This cost will be periodically GC-5 billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 20E 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 for all costs, damages, or expenses which the City may payor 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 mayor 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. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for GC-6 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. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and 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 often (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 GC-7 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) 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 for required improvements under this contract shall be 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 any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation Second violation Third & subsequent violations $ $ 500.00 1,000.00 All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow GC-8 on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street 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 GC-9 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. 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. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail (CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a haul route for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. 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 1l"x17" reduced construction plan sets and three sets of specifications. Within sixty (60) days 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 seta 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), and (8) digital file of utility tie sheets in either .doc or .tif format. 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. Rev. 3/31/04 GC-lO