Development Contract - Fully ExecutedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AVIENDA APARTMENTS
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
236689v6
TABLE OF CONTENTS
SPECIAL, PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL............................................................................SP-1
2. CONDITIONS OF PLAT APPROVAL...... as &&**memo* woo&*&& 0*0 woo**** %&**go 0&0&0*00 a Spool
3. DEVELOPMENT PLANS............................................................................................SP-1
4. IMPROVEMENTS........................................................................................................ SP-2
5. OVERALL PLAN AND IMPROVEMENTS............................................................... SP-2
6. TIME OF PER ......................................................................................... SP-2
7. SECURITY ... ....................... woo ...........................:........................................................... SP-2
8. NOTICE* memo woo 0*0 0*0 0 mamma 000 0*0 0*0 *woo* 909*9*4 00 0000000 5060 00 0*0000000 Magog of woo SPmw3
9. OTHER SPECIAL CONDITIONS.. am 0*0 me so memo omommoo 64 ***me owo*o*e **eo4**6mwwmQ 040*0*9 SPmw3
10. GENERAL CONDITIONS.......................................................................................... a SP-5
11. PROOF OF PARKING ADDENDUM......................................................................... SP-6
12. THIRD -PARTY BENEFICIARY................................................................................. SP-6
GENERAL CONDITIONS
1. RIGHT TO PROCEED.................................................................................................GC-1
2. PHASED DEVELOPMENT .... ........... memo ........................... *memo .....................................GC-1
3. PRELIMINARY PLAT STATUS ... ......................................... mamma woo ....................... woos .GC-1
4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-1
5. IMPROVEMENTS....................................................................................................... GC-1
6. IRON MONUMENTSso* moose ..........................................................................................GC-2
7. LICENSE..woo .................................................................................................................GC-2
8. SITE EROSION AND SEDIMENT CONTROL.... .. 0*000 us 00041 009*0000 6*0*0***4 mammas 000 GCow2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHERBUILDING...********* moomeem me**** 9*000 no 0*000*6 6*0*000 woomm o*0**o*o 0*900000 ***on 00 0*000 *****goo 09 GCm*2
9. CLEAN UP.woo owe .... pow ............. moose ...................................................................................GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS.... woo wagon 6&0*0 0*000 no am 0000 000*a*GCgw3
11. INTENTIONALLY DELETED................................................................................... GC-3
12. PARK DEDICATION.....................................................0000.60.000..0.00.....00.000000.00.0.0....0..GC-3
13. LANDSCAPING.....................................some .................. *memo ..........................................GC-3
14. WARRANTY............................................................................................................... GC-4
15. LOT PLANS...............woo ...................... wows .....................................................................GC-4
16. EXISTING ASSESSMENTS...................................................*woos ... named .......................GC-4
17. HOOK-UP CHARGES................................................................................................. GC-4
18. PUBLIC STREET LIGHTING.......... some **woo me we Savanna moon 0*0 64 0*0*0 0*0000000*0 so GCmw4
19. SIGNAGE..................................................................................................................... GC-5
20. BUILDING PADowe ............................. memo woof ............................................ see .......name ........GC-5
21. RESPONSIBILITY FOR COSTS..........................................................woo ...................GC-5
22. DEVELOPER'S DEFAULT..... 0**** ease 0*000 name *vows 000*0 00000 we *me*** 0*0 *omega*& o&000*6**mwwwo*000*o*GCmw6
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22
MISCELLANEOUS
A. Construction Trailers............................................................own .........................GC-6
Be Postal Service .... .......................................... noon woo ................. assesses woe ...................GC-7
C. Third Parties... 000 0 0*009 ***me 0*9*0*000 mass 0*0*0*004 *Dow 000#000 of 0*000 ***me sea go GCmw7
D. Breach of Contract............................................................................................GC-7
E. Severability........seems ................... VOODOO .................................................................GC-7
F. Building Permits............................................................................................... GC-7
G. Waivers/Amendments....................................................................................... GC-7
H. Release.............................................................................................................. GC-7
I. Insurance........................................................................................................... GC-7
J. Remedies.. woo*** 0*0 0#000000*00*a 0*0*000 so 00000*0*0*000 Possesses 64 seems moo***** woo*** Do
K. Assignability..........................................................goo ........................................GC-8
L. Construction Hours.............woo nomads ................................ mamma ........... seems ................GC-8
M. Noise Amplification..........................................................................................GC-8
N. Access...............................................................................................................GC-8
O. Street Maintenance............................................................................................GC-8
P. Storm Sewer Maintenance ... ............. mass ..................... assesses .................. Moog .........GC-9
Q. Soil Treatment Systems ... .. seems ........ seems Moog .............. seems ......................................GC-9
R. Variances....,* 0*0 moo woo&* 5*0*0 own**** soon 000*0*600 we moo&000*e seems mono ***moo** no 000*0*00064 be *****WGCmw9
S. Compliance with Laws, Ordinances, and Regulations .......... goo .. *am .. eon ..............GC-9
T. Proof of Title.....................................................................................................GC-9
U. Soil Conditions..** moves 000 so 0*0*00009 09 00000 00 GCwn 10
V. Soil Correction............ 00 00900 0*000*000600 00000 0*0 GCom, 10
W. Haul Routes..........................................................................................................GC-10
C Development Signs ...................................... GC-10
Y. Construction Plans............................................................................ GC-10
Z. As -Built Lot Surveys....................................................................................... GC-11
236689v6
OF CHANHASSE
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
AVIENDA APARTMENTS
DEVELOPMENT CONTRACT (the "Contract") dated October 13, 2025 by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Avienda
Apartments Owner, LLC, a Delaware limited liability company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
a 412-unit multifamily development, Avienda Apartments (referred to in this Contract as the "Plat").
The land is legally described on the attached Exhibit "A" (referred to in this Contract as the
"Property").
2. Conditions of Plat Approval. The City approved the Plat on September 22, 2025
with approval of such Plat conditional on the Developer entering into and recording this Contract and
furnishing the security required by it. The Developer must record the Contract and the Plat with the
County Recorder or Registrar of Titles within 120 days after the City Council approves this Contract.
3. Development Plans. The construction of the 412-unit multifamily development and
related improvements on the Property is referred to in this Contract as the "Project". The Project shall
be developed in accordance with the plans provided below together with the following plans to be
approved by the City for consistency with this Development Contract and City Code: site plan,
grading plan, utility plan, SWPPP Plan and Narrative (the "Project Plans"). The Project Plans shall
not be attached to this Contract. If the Project Plans vary from the written terms of this Contract, the
written terms of this Contract shall control. The Project Plans are:
Plan A: Final Plat, prepared by Landform Professional Services
4. Improvements. The Developer shall install and pay for the following improvements
on the Property (collectively, the "Multifamily Improvements"):
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Site Grading/Restoration
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G. Underground Utilities (e.g. gas, electric, telephone, CATV)
H. Setting of Lot and Block Monuments
I. Surveying and Staking
J. Landscaping
K. Erosion Control
5. Overall Plans and Improvements. The Project is a part of a larger planned
development, which larger development requires improvements on one or more separate parcels not
owned by Developer, including the design and construction of a regional stonnwater pond and
extension of Avienda Parkway, along with improvements on the Property that benefit adjacent
parcels, including a stormwater detention pond on the northern portion of the Property (collectively,
the "Overall Improvements"). The Overall Improvements shall be constructed in accordance with
following plans (the "Overall Improvement Plans"). Although Developer does not own all of the
properly on which the Overall Improvements are to be constructed, Developer and the City agree that
the Overall Improvement shall be constructed and accepted prior to this Project receiving its
Certificate of Occupancy. The Overall Improvement Plans shall be submitted by or caused to be
submitted by the Developer to the City and the City will review and provide comments to the Overall
Improvement Plans in a timely manner following submittal of the Overall Improvement Plans. The
City agrees that the Overall Improvement Plans may be prepared and submitted by the thir&party
owner of the parcels on which the Overall Improvements are to be located or the Developer.
• Construction Drawings for the Regional Stormwater Pond Including Stormwater, Grading
and SWPPP Plans
• Construction Drawings for the Avienda Parkway Extension from the Sunset Trail/Avienda
roundabout to the Property
6. Time of Performance. The Developer shall install all required Multifamily
Improvements (except landscaping) by March 31, 2028. Landscaping shall be completed by August
31, 2028. The Overall Improvements must be completed by March 31, 2028 or prior to the Certificate
of Occupancy for the Project. The Developer may, however, request an extension of time from the
City Engineer for the Overall Improvements or Multifamily Improvements. 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.
7. 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 two letters of credit, each in the form attached
hereto, from one or more banks reasonably acceptable to the City, or cash escrow ("security") for
Multifamily Improvements in the amount of $2,631,828.50 and for the Overall Improvements in the
amount of $587,472.48. The amount of the security was calculated as 110% of the following:
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MULTIFAMILY IMPROVEMENTS
Site GradingBrosion Control/Restoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
(underground system + interim condition pond)
Conversion of northern surface pond to chamber system
Streets
Sub -total, Construction Costs
$492,500
$91,100
$125,480
$2233400
$595,000
$708,568
$272369048
Engineering, surveying, and inspection (7% of construction costs) $1563523.36
Sub -total, Other Costs $156,523.36
TOTAL COST OF PUBLIC IMPROVEMENTS $2,392,571.36
SECURITY AMOUNT (110% of $2.392.571.36
OVERALL IMPROVEMENTS
Site Grading/Brosion ControURestoration — NPDES Pond Construction and $19,264
Fill
Sanitary Sewer $4%300
Watermain Extension from Avienda Parkway & Sunset Trail to Property $365700
Storm Sewer, Drainage System, including cleaning and maintenance (offsite $353,727
RCP pipe connection to regional SW pond, regional pond itself, not
including northern surface pond conversion to chamber system)
Streets
$40,136
Sub -total, Construction Costs 5499,127
Engineering, surveying, and inspection (7% of construction costs) $34,938.89
Sub -total, Other Costs $341938.89
TOTAL COST OF PUBLIC IMPROVEMENTS $534,065.89
SECURITY AMOUNT (110% of
This breakdown is for historical reference; it is not a restriction on the use of the Multifamily
Improvements security ("Multifamily Security"). The Multifamily Security shall be subject to the
approval of the City. For the Multifamily Improvements, the City may draw down the Multifamily
Security, without notice, for any violation of the terms of this Contract. If the required public
Multifamily 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 Multifamily Security is drawn down, the draw shall
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be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that
the relevant work has been completed and financial obligations to the City have been satisfied, the
City shall reduce the portion of the Multifamily Security attributable to the specific scope of the
completed work, but in no case shall the Multifamily Security be reduced to a point less than 10% of
the original amount of the Multifamily Security until (1) all Multifamily Improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied (except the financial obligations secured by the Multifamily Security), (4) the required
"record" plans of the Multifamily Improvements have been received by the City, (5) a warranty
security for the public Multifamily Improvements is provided, and (6) the public Multifamily
Improvements are accepted by the City.
This breakdown is for historical reference; it is not a restriction on the use of the security for the
Overall Improvements ("Overall Security"). The Overall Security shall be subject to the approval
of the City. If the required public Overall Improvements are not completed at least thirty (30) days
prior to the expiration of the security or prior to March 31, 2028 (subject to any extension granted by
the City), the City may draw it down. If the Overall Security is drawn down, the draw shall be used
to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that the relevant
work has been completed and financial obligations to the City have been satisfied, the City shall
reduce the portion of the Overall Security attributable to the specific scope of the completed work,
but in no case shall the Overall Security be reduced to a point less than 10% of the original amount
of the Overall Security until (1) all Overall linprovements have been completed, (2) a warranty
security for the Overall Improvements is provided, and (2) the public Overall Improvements are
accepted by the City.
8. 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:
Jacquel Hajder
Avienda Apartments Owner, LLC
7803 Glenroy Rd., Suite 200
Bloomington, MN 55439
Phone: 852-288-2000
Email: ja�cc ,uel.hajdergdorancompanies.com
With a copy to:
Avienda Apartments Owner, LLC
Attn: Legal Department
7803 Glenroy Rd., Suite 200
Bloomington, MN 55439
Phone: 852-288-2000
Email: legalgdorancompanies.com
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Email: anne.behrendtna dorancompanies.com
And:
Mark NOrdlall
d
Level 7 Development, LLC
4600 Kings Point Road
Minnetrista, MN 55331
Phone: 612-812-7020
Email: mnordland&ordlandpartners.com
Level 7 Development, LLC
4600 Kings Point Road
Minnetrista, Minnesota 55344
Attn: Mercedes Rhodes
(612) 203-2494
Email: ariusrealestatedevelopmentggmail.com
Kennedy &Graven, Chartered
150 South Fifth Street, Suite 700
Minneapolis, Minnesota 55402
Attn: Larry Wertheim
(612) 337-9216
Email: lwertheim cgkennedy-graven.com
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall
Attn: City Manager
7700 Market Boulevard,
P.O. Box 147,
Chanhassen, Minnesota 55317
Telephone (952) 227-1100.
9. Other Special Conditions.
A. FEES
l . Prior to release of the plat for recording and prior to scheduling apre-construction meeting,
Developer shall submit to the City $3,309,071.56, for the following City fees:
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*Administration fee (based on estimated construction cost of $2,926,637.25
2.5% for the first $1.000,000, and 1.5% of the remaining $1,926,637.25 of the
improvement costs)
$533899056
GIS fee: 2 parcels $3I/ arcel +
$103
for the plat
$134
Park Dedication Fee
$1156500
Surface Water Management Fee
$196,350
City Sewer Access Charge SAC
412
units at $771 per unit at 30%
$317,652
City Water Access Charge WAC
412
units at $2,853 per unit at 30%
$L175,436
Total
$
393095071.56
B. CONDITIONS OF APPROVAL
Planning Department:
1. The Developer shall secure a temporary drainage easement agreement for the discharge
of the stormwater into a temporary offsite stormwater management pond within Outlot A,
Avienda Apartments (the "Temporary Drainage Easement Agreement") and a
permanent stormwater utility easement over the portion of Outlot A, Avienda Apartments
on which the regional stormwater facility will be located for the benefit of Lot 1, Block
1, which, as a Common Utility Line (as defined in the existing Reciprocal Easements and
Operating Agreement governing the Project), will be subject to an easement under the
existing Reciprocal Easements and Operating Agreement governing the Project and
managed by Level 7 Development, LLC, the Operator under that instrument. If the
temporary offsite stormwater management pond has not been fully constructed prior to
recording the final Plat, the Developer shall secure a temporary construction easement
over Outlot A, Avienda Apartments allowing the Developer, or the City, to construct the
temporary offsite stormwater management pond. The Developer shall also secure a
temporary construction easement over such parcels as is necessary for the construction of
the Overall Improvements allowing the Developer, or the City, to construct the Overall
Improvements if not otherwise constructed within relevant timeframes; provided,
however, that such temporary construction easement may be held in escrow, rather that
recorded with the final Plat, provided that it shall be released from escrow and recorded
by either the Developer or the City if necessary.
Z.
The 646ot wide meandering path along the south, west, and northern portions of the
Property shall be encumbered with a public access easement that will be recorded
simultaneously with recording of the final Plat.
3. All lighting shall have a total cutoff angle equal to or less than 90 degrees.
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4. The Developer shall construct courtyard improvements in accordance with the Project
Plans that specify an impervious cover of 50% or less (excluding those portions of the
courtyard where the building podium is located).
Forestry Department:
1. The Developer shall install plantings in accordance with the Project Plans and the City
ordinance for species diversity as outlined in City Code Section 20-1183, Tree Diversity.
No more than ten percent of the trees may be from any one tree species, no more than 20
percent of the trees may be from any one genus, and no more than 30 percent of trees
from any one family.
Engineering Department
1. The Developer shall enter into an Encroachment Agreement for the monument sign on
the north of the property located within the 10400t wide public drainage and utility
corridor abutting Avienda Parkway right-of-way which must be recorded simultaneously
with the final Plat.
2. Final construction plans will be subject to review and approval by staff.
3. Except for the meandering path to be publicly dedicated, all newly constructed streets and
sidewalks will be privately owned and maintained. The Developer shall provide for
review and approval maintenance agreements for these improvements to be recorded
simultaneously with the final Plat (which may be included as part of an amendment to the
existing Reciprocal Easements and Operating Agreement governing the Project).
4. Construction design elements associated with the street plans such as stationing, curb
tables and alignments, centerline grades, and intersection details will be required m final
construction plans.
5. It is the Developer's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT,
Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA,
MDH, MPCA, etc.).
6. At all locations where the proposed trail and sidewalk connect to existing pedestrian
facilities, such connections must be constructed in order to meet current ADA standards.
Pedestrian ramps at all sidewalk and trail street crossings in accordance with ADA and
City standards must also be provided in accordance with the Project Plans.
Water Resources Department:
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1. Temporary stormwater management conditions must be maintained in accordance with
the Project Plans for the temporary and permanent management of the onsite stormwater
pond on the northside of the Property. Interim conditions must be maintained to manage
the stormwater discharge rates for the 100-year storm event.
2. The Developer must maintain a temporary offsite stormwater management pond until the
permanent regional pond has been constructed in accordance with the Overall Plans
approved by the City and record the Temporary Drainage Easement Agreement
simultaneously with the recording of the final Plat.
3. An Operations and Maintenance plan and Agreement in a form approved by the City for
all proposed private stormwater infrastructure including the inspection frequency,
maintenance schedule, and responsible parry shall be recorded with the Development
Contract and Plat.
4. The overall site has an approved permit by the watershed district that requires individual
sites to obtain their own permits.
5. In the event the offsite regional stormwater pond is not approved by the City in the
location consistent with the current watershed permit. the Developer shall revise their
stormwater plans and permit with the watershed according to the final plan location
approved by the City.
Building Department:
1. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code. Additional comments or
requirements may be required after building plan review.
4. The building is required to have automatic fire extinguishing systems.
5. The buildings' proximity to property lines (and other buildings) will have an impact on
the code requirements for the proposed buildings, including but not limited to; allowable
size, protected openings and fire -resistive construction. These requirements will be
addressed when complete building and site plans are submitted.
6. Building plans must include a code analysis that contains the following information: key
plan, occupancy group, type of construction, allowable height and area, fire sprinklers,
separated or non -separated, fire resistive elements (exterior walls, bearing walls - exterior
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or interior, shaft, incidental use), occupant load, exits required (common path, travel
distance), and minimum plumbing fixture count.
7. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet
in height require a zoning permit.
8. Accessibility will have to be provided to all portions of the Project and a percentage of
the units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
requirements.
9. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
Fire Department:
1. Balcony sprinklers are not required so long as the balcony structures remain under the
required size by fire code and non-combustible materials for balconies and siding are
used. Due to lack of courtyard access, stand pipe connections shall be provided near the
pool deck for faster hose advancement capability.
2. Due to lack of fire access road on west side and access to pool deck, fire stand pipes must
be provided in and around the pool area and rear of building and must be installed by a
fire sprinkler designer.
3. First responder radio coverage study required. During construction, a first responder
radio coverage test will be required, to be completed by a licensed contractor, in order to
provide for a first responder radio signal repeater system.
4. All EV charging stations in underground garages will be required to be placed as close to
the garage doors as possible for removal in case of a fire.
10. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
11. Proof of Parking Agreement. Developer is constructing a 412-unit multi -family
apartment building on the Property. Pursuant to Section 20-1124.5 of the City Zoning Ordinance
in and for the City of Chanhassen, 726 parking spaces are required for the Project. The Developer
is constructing 633 parking spaces on the Property. The Developer shall enter into a Parking
Deferment Agreement with the City and shall provide proof of parking to show that 93 parking
stalls can be constructed by the Developer in the future if the need arises. The Parking Deferment
Agreement must be recorded simultaneously with the recording of the final Plat.
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12. Third -Party Beneficiary. Level 7 Development, LLC, a Minnesota limited
liability company ("Level 7"), is constructing all of a portion of the Overall Improvements and is
providing all or a portion of the security, including the letter(s) of credit, for the Overall
Improvements and shall be deemed a third -party beneficiary of this Contract with respect to such
Overall Improvements and security, including the letter(s) of credit. Level 7 shall be entitled to
enforce all the rights of the Developer under this Contract with respect to the same. The provisions
of this Paragraph shall control over any contrary provision contained in this Contract.
{The remainder of this page is intentionally left blank.
Signature pages to follow.}
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Signature Page to Development Contract)
(SEAL)_ -
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
CITY OF CF[ANHASSEN
BY:
Ryan, Mayor
IVY
WA
•
�1�
Laurie Hokkanen, City Manager
The foregoing instrument was acknowledged before me this � day of � C� � ,
202 by Elise Ryan, Mayor, and by Laurie Hokkanen, 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.
JENNIFER ANN POTTER
Notary MUIIC-Minnesota
My Commission Expires Jan 31, 2027
236689v6
ARY PUBLIC
[Signature Page to Development Contract]
AVIENDA APARTMENTS OWNER, LLC
a Delaware limited liability company
By: Avienda Apartments Venture, LLC,
a Delaware limited liability company
Its: Sole Member
By: IDP Avienda, LLC,
a Minnesota limited liability company
Its: aging Member
By:
Name: Anne Behrendt
Its: Authorized Signer
STATE OF NIINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of October, 2025,
by Anne Behrendt, as Authorized Signatory of IDP Avienda, LLC, a Minnesota limited liability
company, as Managing Member of Avienda Apartments Venture, LLC, a Delaware limited liability
company, as Sole Member of AVIENDA APARTMENTS OWNER, LLC, a Delaware limited
liability company, on behalf of the entity.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227- 1100
Notary Public
SONJA B BEDDOW
Notary Public
State of Minnesota
My Commission Expires
January 31, 2029
236689v6
CITY Ur CHANHASS N
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "A"
Lot 1, Block 1, Avienda Apartments, according to the recorded plat thereof, Carver County,
Minnesota.
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[OFFICIAL BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No. _
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $ available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. ,dated , 2025,
of First International Bank & Trust";
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at First International Bank &Trust during regular business hours on a
business day that is on or before 4:00 p.m. on November 15, 2025, at the following address (or
such other address as we may provide you in writing, provided such address is located within
Minnesota):
First International Bank &Trust
3600 Minnesota Drive, Suite 70
Edina, MN 55435
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 15 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
maybe made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 600.
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[OFFICIAL BANK LETTERHEAD]
We hereby agree that a draft drawn under and in strict compliance with this Letter of Credit shall be
duly honored upon presentation. We shall have no obligation to investigate the underlying transaction and
shall honor draws based solely on strict compliance with the terms of this Letter of Credit. We shall not be
obligated to make any further payments under this Letter of Credit once the full amount of credit available
under this Letter of Credit has been drawn.
First International Bank &Trust
BY:
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Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
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 Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary
security and fees have been received by the City, 3) the Plat has been recorded with the County
Recorder's Office or Registrar of Title's Office of the County where the Plat is located, and 4) the
City Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased prelinnary 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 amulti-phased preliminary plat, the
preliminary plat approval for all phases not fmal 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
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the City and approved by the City Engineer. The Developer shall obtain all 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 its 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 the utilities in the
Multifamily Improvements is released, all monuments must be correctly placed in the ground in
accordance with Minn. Stat. § 505.021. 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 Property to perform all work and inspections deemed appropriate by
the City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the Property is rough graded, and before
any utility construction is commenced or building permits are issued, the City approved erosion and
sediment control plan shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion and sediment control
plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion and sediment transport. If the
Developer does not comply with the erosion and sediment control plan and schedule of supplementary
instructions received from the City, the City may take such action as it deems appropriate to control
erosion and sediment transport at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the Property is in full compliance with the erosion and sediment
control requirements. Erosion and sediment control needs to be maintained until vegetative cover has
been restored, even if construction has been completed and accepted. After the site has been stabilized
to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the
City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The
Developer shall remove and dispose of the erosion and sediment control measures.
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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 the Property, a $500.00
cash escrow or letter of credit per lot shall also be finmished to the City to guarantee compliance with
City Code § 7-22.
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Except for streets and utilities
identified as private under the terms of this Contract, all other improvements lying within public
easements shall become City property upon completion and acceptance by the City of the work
and construction required by this Contract. After completion of the public 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 public 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. Intentionally Deleted.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the Multifamily 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 the City approved
landscaping plan. Unless otherwise approved by the City, trees not listed in the City's approved tree
list are prohibited. The minimum tree size shall be two and one-half (2%2) inches caliper, either bare
root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between
curb and property line). In addition to any sod required as a part of the City approved erosion and
sediment control plan, the Developer shall sod the boulevard area and all drainage ways on each lot
utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all
disturbed areas of the Property. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after the
certificate of occupancy issued, except that if the certificate of occupancy is issued between October
1 through May 1 these conditions must be complied with by the following July 1 st. 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
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deducted from the escrow fund for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requirements are not satisfied, the City may use the security to
satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion
control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of
City ordinances. These requirements supplement, but do not replace, specific landscaping conditions
that may have been required by the City Council for project approval.
14. Warranty. The Developer warrants or will obtain a warranty for all improvements
required to be constructed under the terms of 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 following improvements:
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage
and Erosion Control including silt fences, shall be submitted for each lot for review and approval by
the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that
tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the Plat will be re -spread
against the plat in accordance with City standards.
17. Hook-up Charges. At the time of recording of the Plat, the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in
the Plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
based on 70% of the rates then in effect, unless a written request is made to assess the costs over a
four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance if
the project includes a public street. A plan shall be submitted for the City Engineer's approval prior
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to the installation. The Developer shall pay the City a fee of $300.00 for each public street light
installed as part of the Development. The fee shall be required only for public street lights and if
required shall be paid prior to the City accepting the Improvements. The fee is used by the City for
furnishing electricity and maintaining each public street light for twenty (20) months. The Developer
shall select Standard Service for the agreement with the Utility.
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. Building Pad. The Developer shall promptly furnish the City "as -built" plans
indicating the amount, type and limits of fill on the building pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the Multifamily Improvements and Overall Improvements. This fee is to cover the cost of City
Staff time and overhead for items such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing pay requests, processing
security reductions, and final acceptance of improvements. This fee does not cover the City's cost for
construction inspections. The fee shall be calculated as follows:
i) if the cost of the construction of public Multifamily Improvements and Overall
Improvements is less than $500,000, three percent (3%) of construction costs;
ii) if the cost of the construction of public Multifamily Improvements and Overall
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 Multifamily Improvements and Overall
Improvements is over $1,000,000, two and one-half percent (21/2%) of
construction costs for the first $1,000,000 and one and one-half percent (11/2%)
of construction costs over $1,000,000.
Upon recording the 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 Multifamily Improvements and Overall Improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections of
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the Property. This cost will be periodically billed directly to the Developer based on the actual
progress of the construction. Payment shall be due in accordance with Article 21E of this Contract.
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 of the Property. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all Plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The Developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting
the Plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) 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.
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23. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for
installation of public improvements. Trailers shall be removed from the 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. Except as provided in Section 12 of the General Conditions
of this Contract, 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 the City approved grading plan.
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 maybe 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 a written request for a
certificate applicable to an individual lot allowing a minimum of ten (10) days for processing.
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I. Insurance. Developer shall take out and maintain until six (6) months
after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may
arise out of Developer's work or the work of its subcontractors or by one directly or indirectly
employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for
one person and $1,000,000 for each occurrence; limits for property damage shall be not less than
$500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The
City shall be named as an additional insured on the policy, and the Developer shall file with the
City a certificate evidencing coverage prior to the City signing the plat. The certificate shall
provide that the City must be given ten (10) days advance written notice of the cancellation of
the insurance. The certificate may not contain any disclaimer for failure to give the required
notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract without the
written permission of the City Council. The Developer's obligation hereunder shall continue in
full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
L. Construction Hours. Construction hours, including pick-up and deliveries
A material and equipment and the operation of any internal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors,
agents and suppliers to comply with these requirements and the Contractor is responsible for
their failure to do so. Under emergency conditions, this limitation may be waived by the written
consent of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation
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.
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N. Access. All access to the Property 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 approved 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 property surface drainage. The Developer may request, in writing, that the City plow
snow on the streets prior to final approval 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 approval 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. 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 Multifamily Improvements and Overall
Improvements associated with 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.
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T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out
of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes
or pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work
on the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On
lots which have no fill material a soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects
the foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Si rg_is. 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 Multifamily Improvements are completed, except for the final lift
of asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans. Upon final plat approval, the Developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11 "xl T' reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2)
two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets,
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(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in
both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior
to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed,
and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed
before the as -built survey is completed. If the weather conditions at the time of the as -built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as -built escrow withheld until all work is complete.
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MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Tradition Capital Bank ,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.
BY:
STATE OF MINNESOTA )
(ss.
COUNTY OF tkm w i noj)
ick Kasid, Senior Vice President
The foregoing instrument was acknowledged before me this Wj day of (�
2(�, by Patrick Kasid, the Senior Vice President of Tradition Capital Bank, a Minnesota banking
corporation, on behalf of the entity. n
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
NOTARY PUBLIC
AMANDA K OLSON
Notary Public
State of Minnesota
MY Commission Expires
January 31, 2027
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Level 7 Development, LLC, a Minnesota limited liability company, fee owner 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 3�pday of October, 2025.
LEVEL 7 DEVELOPMENT, LLC
By:
STATE OF MQ�INESOTA )
COUNTY OF CARVER
Bahrain Akradi, President
The foregoing instrument was acknowledged before me this � d y of October,
2025, Bahram Akradi, the President of LEVEL 7 DEVELOPMENT, LLC, a Minnesota limited
liability company, on behalf of said entity.
STACEY M CARLSON
Notary Public
State of Minnesota
My Commission Expires
January 31, 2026__
DRAFTED BY.
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100