Recorded CUP 03-04 & SITE 03-07
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Jocl J. Jamnik
Andrea McDowell Poehler
Matthcw K. Brold'
John F. Kelly
Soren M. Mattick
Henry A. Schaeffer, III
Alina Schwartz
Craig R. i.,lcDowell
Marguerite I\I. McCarron
Gina M. Brandt
. Also Liccnsed in ,"Viscomin
1380 Corporate Center Curve
Suite 317 . Eapn, MN 55121
651-452-5000
Fax 651-452-5550
w,,{w.ck-Iaw.com
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson(a)ck-law.com
August 3, 2006
"E ~ ~"."~ '1('" D
~~ ' -<I t: T'II ~ ~~, il1lil ~
II [! ~l -:~, . r. ~ ... I..3i!I
Ms. Kim Meuwissen
Chanhassen City Hall
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
AUG 0 7 2006
JTY OF CHANHASSEi\
RE: CHANHASSEN - RECORDED DOCUMENTS
~ Halla Greens - Planning Case No. 05-39
- CUP #03-04 - Restated and Amended Conditional Use Permit
- Site Plan Permit - Restated and Amended Site Plan Agreement
Dear Kim:
Enclosed please find the following documents which have been recorded with Carver County in
connection with the Halla Greens planning case:
1) Conditional Use Permit #03-04/Restated and Amended Conditional Use Permit dated
March 20, 2006, which was recorded on May 12, 2006 as Abstract Document No.
A441074.
2) Site Plan PermitlRestated and Amended Site Plan Agreement dated March 20, 2006,
which was recorded on June 9, 2006 as Abstract Document No. A442980.
Regards,
CAMPBELL KNUTSON
Profj!Ssional Association
SRN:ms
Enclosures
~ f' ~..... .....
Document No.
A 441074
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $ 46.00 Check#: 15736
Certified Recorded on 05-12-2006 at 03:00 0 AM ~ PM
441074 Jd.
1I1I1 1I1II Carl W. Hanson, Jr.
County Recorder
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HALLA GREENS- PLANNING CASE NO. 05-39
CONDITIONAL USE PER1\1IT #03-04
RESTATED AND AMENDED CONDITIONAL USE PERMIT
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a conditional use permit for the following use:
For the construction of a golf course with a club house in an Agricultural Estate District.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
Lots 1,2,3,4,5,6,7,8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2
Block 4; Lots 1,2, and 3, Block 5; Outlot A; Together with vacated Columbine
Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery
Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County,
Minnesota.
3. Conditions. The Conditional Use Permit 2003-4 CUP - Planning Case 05-39 is issued for
the construction of a golf course with a club house as shown in plans dated received January 6, 2006, with
the following conditions:
a. Hours of operation shall be seasonal and limited to Civil Sunrise to Nautical Sunset.
b. No outdoor speaker system shall be permitted (individual pager systems are permissible).
c. No commercial kitchen shall be permitted in the club house. There shall be no cooking
equipment permitted on the premises with the exception of a microwave oven, pizza!
toaster oven, etc. The intent of this condition is to put the golf course operator on notice.
The proposed septic system design does not allow for any cooking grease to be disposed
through the system which will cause the system to fail.
d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review
#2003-07 SPR.
'H\thwdv .' ~{U fle btfjff~
. ~ ~~ ...
e. Soil tests must be performed at least once a year. Results of all soil testing must be
submitted to the City of Chanhassen. In addition, annual reports detailing all applications
of fertilizer (including nutrient content for nitrogen, phosphorus and potassium;
application rate in pounds per acre; date of application; and total quantity of fertilizer
applied) must be submitted to the City of Chanhassen. No fertilizer containing
phosphorus may be applied unless the soil test results demonstrate a deficiency in
phosphorus.
f. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in
bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall
not be directed into bluff impact zones or bluff areas.
g. On-site grading may not increase the rate or volume of runoff downstream from the site
or onto adjacent properties.
h. The applicant shall enter into a conditional use permit with the City.
1. No exterior lighting shall be permitted with the exception of safety lights which include
parking lot lights, soffit lights and drive aisle lights. The height of the light poles in the
parking lot and along the entrance driveway (total of five fixtures) may not exceed 15
feet. The remaining light fixtures may not exceed 4 feet in height. All light fixtures must
meet ordinance requirements. All lights with the exception of the light located in the
center island of the parking lot and the club house soffit lights, shall be shut off one hour
after sunset.
J. The applicant/owner/lessee shall apply pesticides only when needed. Use products that
are most effective, target specific, and present the least hazards to people, wildlife, and
the environment.
k. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy
more than 20% of one floor. Retail sales are limited to food, beverages, and golf-related
items.
1. Hours of maintenance operation shall be limited to Civil Sunrise to Nautical Sunset.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: March 20, 2006
'I!' ..,f -.. M
CITY OF CHANHASSEN
AND:
BY:
(SEAL)
STATE OF MINNESOTA )
( 55
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thi~ay of Aorl I , 2006, by
I
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.
j 4> KIM T. MEUWISSEN ,
~","~":i- Notary Public-Minnesota
~ -b;;".' My Commission Expires Jan 31, 2010
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
g:\plan\200S planning cases\OS-39 halla greens 03-07 site plan amendment\cup agreement.doc
..
I
Document No.
A 442980
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $ 46.00 Check#: 15855
442980
11111111111
11:00 ~ AMD PM
/fd-
Carl W. Hanson, Jr.
County Recorder
Certified Recorded on 06-09-2006 at
CITY OF CHANHASSEN
SITE PLAN PERMIT
HALLA GREENS- PLANNING CASE NO. 05-39
SITE PLAN REVIEW 2003-07 SPR
SPECIAL PROVISIONS
RESTATED AND AMENDED SITE PLAN AGREEMENT
AGREEMENT dated March 20, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and DONALD E HALLA & SANDRA J
CW A YNA HALLA, ~. husband and wife (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of a Club House, a Maintenance Building, a golf ball dispensing
building and a lean-to for a golf course (referred to in this Permit as the "project"). The land is
legally described as:
Lots 1,2,3,4,5,6,7,8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2
Block 4; Lots 1,2, and 3, Block 5; Outlot A; Together with vacated Columbine
Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery
Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County,
Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit and furnishes the security required by it.
-=p
AL-f - (!~ tUzalStf/L/
1
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
. Plan A (I)-Site Plan dated July 18,2003, revised August 25,2003, prepared by Herfort
Boby Golf Course Architects and Sathre-Berquist, Inc., and Key Plan dated January 6,
2006, prepared by K. K. Design.
. Plan B (2)-Grading Plan dated July 18,2003, revised August 25,2003, prepared by
Herfort Boby Golf Course Architects and Sathre-Berquist, Inc.
. Plan C (3)-Buffer Yard Planting Plan dated July 18,2003, revised August 25, 2003,
prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc.
· Plan D (4)- Club House Site Plan, partial site plan dated January 6,2006, prepared by
K. K. Design.
· Plan E (5)- Construction Details dated July 18, 2003, prepared by Herfort Boby Golf
Course Architects and Sathre-Berquist, Inc.
. Plan F- Site Map/Property Description dated July 18,2003, prepared by Sathre-
Berquist, Inc.
. Plan G- Elevations dated August 13,2003, prepared by Lester.
· Plan H- Club House Main Level plan dated January 6, 2006, prepared by K. K. Design.
· Plan 1- Roof Plan, Reflected Ceiling Plan and Equipment Platform plan dated January
6, 2006, prepared by K. K. Design.
· Plan J- Club House detail plan dated January 6,2006, prepared by K. K. Design.
. Plan K- Ball Washing Building, Teaching Shelter, and Maintenance ElevationClub
House detail plan dated January 6,2006 and revised and received on March 14,2006,
prepared by K. K. Design.
· Plan L- Existing Plantings along property lines dated January 6,2006, prepared by K.
K. Design.
4. Time of Performance. The Developer shall install all required screening and
landscaping by August 15, 2006. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer
shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $6,300 (Landscaping, Grading and Erosion Control). This amount has been
calculated at a rate of 110% of the actual value of the improvement.
2
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Don Halla
Contact Person: Sandy Halla
6601 Mohawk Trail
Edina, MN 55439
(952) 941-8422
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.
7. Other Special Conditions. On September 15,2003, the City Council adopted the
following motion:
SITE PLAN REVIEW
"The City Council approves Site Plan Review 2003-7 for the construction of a Club House and a
Maintenance Building for a golf course as shown in plans dated August 25, 2003, and amended Site
Plan Review 2003-7 SPR - Planning Case 05-39, for the construction of a Club House, a
Maintenance Building, a golf ball washing building and a lean-to for a golf course as shown in
plans dated received January 6, 2006, with the following conditions:
A. Approval of the Site Plan Review application is contingent upon approval of Conditional
Use Permit 2003-4.
B. All trees to be preserved must be protected by tree protection fencing. Fencing must be
installed prior to grading.
C. No vegetation may be removed within the bluff impact zone.
D. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at
the intersection of Great Plains Boulevard and Pioneer Trail.
E. Fire Department Conditions:
1. Contact the Building Official and Fire Marshal to discuss the sprinkling
requirements for the clubhouse and storage/maintenance building.
2. If a Fire Hydrant is available, a 10-foot clear space must be maintained around fire
hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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.
3
3. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact
Chanhassen Fire Marshal for exact location of signs and curbs to be painted
yellow.
4. The builder must comply with Chanhassen Fire DepartmentlFire Prevention
Division regarding maximum allowable size of domestic water on a combination
water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to
Chanhassen Fire DepartmentlFire Prevention Division Policy #36-1994.
5. The builder must comply with the Chanhassen Fire DepartmentlFire Prevention
Division regarding premise identification. Pursuant to Chanhassen Fire
DepartmentlFire Prevention division Policy #29-1992.
6. A post indicator valve will be required on any building that will have a sprinkler
system.
7. Submit radius turns and dimensions to City Engineer and Chanhassen Fire
Marshal for review and approval.
F. Building Official Conditions:
1. Submit a detailed floor plan of the clubhouse so the occupancy classification and
fire suppression requirements can be determined.
2. The building plans must be prepared and signed by design professionals licensed
in the State of Minnesota.
3. An accessible route must be provided to all facilities on the site.
4. Submit a design of the on-site sewage treatment system for review and approval.
Two sites must be provided and these sites must be protected from damage prior
to beginning any construction activity on the site. The system must comply with
the requirements of Minnesota Rules 7080.0600.
5. Detailed occupancy related requirements cannot be reviewed until complete plans
are submitted.
6. The owner and/or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review, permit procedures and fire suppression
options.
G. Engineering Department Conditions:
1. Staff recommends that Type I silt fence be used along the northwesterly and
southerly property lines. The applicant should be aware that any off-site grading
will require an easement from the appropriate property owner. All disturbed areas
are required to be restored with seed and mulch within two weeks of grading
completion.
2. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201,5203,
5207,5300, and 3001
3. The applicant is responsible to obtain and comply with all regulators agency
permits.
4. On the grading plan add a bench mark.
H. The applicant must submit detailed architectural plans for the club house and maintenance
building that meet the design ordinance requirement.
4
I. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to
insure compliance with the project.
J. Only one (1) monument sign may be permitted on the site. The total sign area shall not
exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in
height.
K. The applicant is responsible to obtain and comply with MnDOT and Carver County
permits for the new access.
L. Per MnDOT's review memo dated September 2,2003, the need for a net along TH 101
will be evaluated upon completion of the golf course. If it is determined that a net is
needed, then the applicant will be required to install it.
M. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The
DNR examines a copy of the well log and the test pumping results before they make
decisions on DNR appropriation permits.)
N. Comply with all conditions of the Carver County review letter dated 8/29/03.
O. Comply with all conditions of the MnlDOT review letter dated 8/26/03.
P. Applicant shall increase landscape plantings to meet minimum requirements for parking
lot trees. A revised landscape plan shall be submitted to the City and approved by staff
prior to issuance of a building permit.
Q. Applicant shall fully screen parking lots from adjacent roadways through the use of
berming or increased landscaping.
R. The applicant must submit detailed architectural plans for the maintenance building,
golf ball washing building, and lean-to that meet the design ordinance requirement.
S. Comply with all conditions of the MnDOT review letter dated November 23,2005.
T. The temporary 120 square-foot octagon building may remain on the site for a time
period not to exceed six month after City Council approval and must be removed within
two weeks after a Certificate of Occupancy has been issued. The building shall be
located in the parking lot.
U. The applicant is responsible for obtaining and complying with MnDOT and Carver
County permits and approval on any grading that takes place along the north and west
side of the property.
V. All disturbed areas are required to be-restored with seed and mulch within two weeks of
grading completion.
W. All plans must be signed by a professional civil engineer registered in the State of
Minnesota.
5
X. The golf ball washing and golf ball dispensing building shall not exceed 100 square feet
In area.
Y. The maintenance building may not be used for "Halla Nursery" related items nor
exceed 2,040 square feet in area. The outdoor storage area shall be fully screened by a
board on board wooden fence. The height of the fence shall not exceed 6Y2 feet.
Z. The trash enclosure located west of the maintenance building shall be constructed of
materials similar to the club house building.
AA. No exterior lighting shall be permitted with the exception of safety lights which include
parking lot lights, soffit lights and drive aisle lights. The height of the light poles in the
parking lot and along the entrance driveway (total of five fixtures) may not exceed 15
feet. The remaining light fixtures may not exceed 4 feet in height. All light fixtures
must meet ordinance requirements. All lights with the exception of the light located in
the center island of the parking lot and the club house soffit lights, shall be shut off one
hour after sunset."
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
CITY OF CHANHASSEN
BY:
(SEAL)
AND:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this.:<'S~ay of~, 2006, 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.
, .'>~'!. KAREN J. ENGELHARDT I
. Notary Public-Minnesota
~.i.;;".. My Commission Expires Jan 31, 2010
~..~
NOT~ Y ~U
6
-DEVELOPER:
BY:
'iJ~1iJ Z ~I!L/
Donald E. Halla
~I),t~)!~
Sandra J. Cwayna 'll~
BY:
STATE OF MINNESOTA )
( ss
COUNTY OF /ice/vii) y::/JJ~
The foregoing instrument was acknowledged before me this -11 day of 47~/ ,
/
2006 by Donald E. Halla., husband to Sandra J. CWaypa--Halla. Ii '7/J .
lf~//17'/dCtf&jjac/;
NOTARYPUBUC
STATE OF MINNESOTA )
Jl (ss
COUNTY OF H'q/Z! JJq~ficl
The foregoing instrument was acknnwledged before me this / f day of ~,
2006 by Sandra J. Cwayna Halla, wife of Donald E. Hal;L~. / 1;J /J _
t4, ~ (()d~~dY
,oil . ANN M. WALDSCHMIDT NOTARY PUBUC
. iJ NOTARY PUBLIC - MINNESOTA
- My Commission Expires Jan. 31,2010
7
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this --'!1 day of ~, 2006
>>~v ~ 1t~
By
Its LJ ~~<
STATE OF MINNESOTA )
/1. ( ss
COUNTY OF Iff N/tJ'c ,J J/(j
The foregoing instrument was acknowledged before me this il day of
2006, by :j};IJ H-L IJ E. ~ L 11-/
if~,
a/k,/a Don . Halla, owner.
~v ~/
NOTARY PUBLIC
, -- I /'
I a b,l44/UL~//'
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
DRAFTED BY:
8
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed
with the City Clerk; 2) the necessary security and fees have been received by the City; 3) the site
plan has been recorded with the County Recorder's Office of the County where the project is
located; and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and groundcover required as a condition of site plan approval that die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan (Plan B) shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary groundcover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
9
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan, schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan (Plan C)
shall be warranted to be alive, of good quality, and disease-free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable to the City to secure the warranties at the time of final acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by it and third parties for damages sustained or costs incurred resulting
from site plan approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses, which the Cityg
may payor incur in consequence of such claims, including attorneys' fees.
10
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work and construction. Bills
not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer. Trailers shall be removed
from the subject property within thirty (30) days following the issuance of a
certificate of occupancy unless otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Permit.
11
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments
or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. Recording. This Permit shall run with the land and may be recorded against the title
to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, available to City, at law or in equity, or under any
other agreement, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
12
J. Construction Hours. The normal construction hours under this contract shall be
from 7:00 a.m. to 7:00 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.
Operation of all internal combustion engines used for construction or dewatering
purposes beyond the normal working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative
sites are first provided, the two soil treatment sites identified during the site plan
process for each lot. This shall be done prior to the issuance of a Grading Permit.
Any violation/disturbance of these sites shall render them as unacceptable and
replacement sites will need to be located for each violated site in order to obtain a
building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the
site plan, the Developer shall comply with all laws, ordinances, and regulations of
the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for
deed purchasers to enter into this Development Contract.
13
... "
N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its
fitness for construction of the improvements or any other purpose for which the
Developer may make use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body members,
officers, and employees from any claims or actions arising out of the presence, if
any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning neither the
nature of suitability of soils nor the cost of correcting any unsuitable soil conditions
which may exist.
g:\plan\2005 planning cases\05-39 halla greens 03-07 site plan amendment\site plan agreement.doc
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