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Recorded Site Plan Agreement Eden Springs A805153Document Number: A8O5153 Filed and/or Recorded on Sep 2, 2026 11:14 AM Office of the County Recorder/Regishar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy NV Document Recording Fees $ 46.00 DocumentTotal $ 46.00 Requesting Party: City of Chanhassen Pages: 15 This coyer page has been added to this document by carver County Land Records and is now an official part of this recorded document CITY OF CHANHASSEN SITE PLAN AGRE,EMENT #2025-IO EDEN SPRINGS ASSISTED LIVING & MEMORY CARE SPECIAL PROVISIONS SITE PLAN ACREEMENT ("Agreement") dated October 27, 2025, by and betu'een the CITY OF CHANIIASSEN, a Minnesota municipal corporation, (the "Ch"v"), and LIGHTHOUSE HOMES, LLC a Minnesota corporation, (the "Developer"). I . Request for Site Plan Approval. The Developer has asked the Cily to approve a site plan for a 42-bed assisted living/memory care facility and associated site improvements to be located on land in Carver County. Minnesota legally described in Exhibit B ("Subject Property"), u,hich buildings include the follou'ing: muitifamill residential (referred to in this Agreement as the "project"). 2. Conditions of Site Plan Approval. The Citl hereby approves the project on condition that the Developer enters into this Agreement and fumish the securir,"* required by it. 3. Development Plans. The project shall be developed and mainlained in accordance with the follorving plans. The plans, prepared by Civil Site Group, dated October 21,2025 shallnot be attached to this Agreement. lf the plans vary from the u'ritlen terms of this Agreement, the written terms shall control. The plans are: c0.0 c 1.0 cl. I ct.2 c2.0 c2.1 c3.0 c4.0 c4. t c5.0 c5.l c5.2 TITLE SHEET REMOVALS PLAN TREE PRESERVATION PLAN/CANOPY PLAN TREE PRESERVATION PLAN NOTES SITE PLAN TURNING MOVEMENT AND WETLAND BUFFER DIAGRAMS GRADING PLAN UTILITY PLAN. SANITARY & WATER UTILITY PLAN - STORM CIVII, DETAII,S CIVIL DETAILS CIVIL DETAILS 229879v4 c5.3 c5.4 t.l .0 Ll.l sw 1.0 swl.l s\r1.2 swl.3 sw 1.4 SWI.5 A000 A240 CIVIL DETAILS CIVIL DETAILS LANDSCAPE PLAN LANDSCAPE PLAN NOTES & DE'IAILS SWPPP - EXISTING CONDITIONS SWPPP - PROPOSED CONDITIONS SWPPP. DETAILS SWPPP . NARRATIVE SWPPP. ATTACHMENTS SWPPP - ATTACHMENTS TITLE SHEET ROOF PLAN, MONUMENT SIGN, TRASHENCLOSURE, EXTERIOR MATER]AL PALETTE RENDERED EI,EVATIONSA30 t 4. Time of Performance. The Developer shall install all required screening and landscaping by October 27, 2027 . The Developer may, horvever, request an extension of time from the City. lf an extension is granted, it shall be conditioned upon updating the securitl'posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Agreement and all of the Plans, payment ofall the costs ofall public improvements and construction ofall public improvements, the Developer shall lurnish the Cit.v rvith a letter of credit in the form attached hereto, from a bank acceptable to the Cit). cash escrou', or equivalent ("securiq"') for $1.050.953.64 (erosion control. grading, landscaping. storm\\'ater, public improvemenls. etc.). The securitl' shall be Il0 percent of the follou'ing: Grading/ Erosion Control/ Landscaping Northern Buffer Reestabl ishment Street impacl Sanitary Server Watermain Storm Sewer $235,556.5i) $25,300 $ l 96,649.90 s79,614 s75,s 8s $342,707 $95 5.41 2..10 ll0'z,s1.050,953.6{ The City may draw dou'n the securitl. on five (5) business days rvritten notice to the Developer. tbr any violation ol'the terms of this Contract or withoul notice ifthe securitl is allowed to lapse prior to the end oflhe required term. If the required public improvements are no1 completed at least thin)' (30) dal s prior lo the expiration ofthe securitl, the Citl' ma1' also drau' it dou'n q'ithout notice. Ifthe securitl is draun dorvn, the proceeds shall bc used Io cure the default. LJpon receipt of prool satisfactory to the Clit) that \\ork has been completed and financial obligations to the Citl'have been satisfied, u'ith Citl approlal the security mar be reduced from time to time b) nineS'percent (90%) ofthe financial obligations that have been satisfied. Ten percent (10%) ofthe amounts certified b1 the Developer's engineer shall be retained as securitv until all improvements have been complete. all 229It79v4 Sub.l-otal financial obligations to the City satisfied, the requircd "as constructed" plans have been received by the Citr'. a \\,arrantv security is pmvided, and the public improvemenls are accepted bi,the City Council. Ifthe Developer requests a Certificate ofOccupancl prior to the installation of site landscaping, then the Developer shall provide to the cit)' an updated lener of credit or cash escrow in an amount sufficient to insure the installation ofsaid landscaping. PROCEDI'RES FOR LETTER OF CREDIT REDTICTION Requests for reductions of l,etters of Credit must be submitted to the City in wriling by the Developer or Developer's Engineer. b. Partial lien uaivers totaling the amounl oflhe requested reduction shall accompany each such requesl c Any' reduction shall be subject to City approval 6. Notices. Required notices to the Developer shall be in rvriting, and shall be either hand delivered 1tl the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Lighthouse Homes, LLC 168 Pioneer Trl, No. 129 Chaska, MN 55318 Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to the Cit) b1 certified mail in care of the City' Manager at the follo\\'inB address: Chanhassen Citl' Hall. 7700 Market Boulelard. P.O. Box I 47. Chanhassen, Minnesota 553 I 7. Telephone (952) 727 - I 100. 7. Othcr Special Conditions. Citl Council herebl approves a site plan for a development of a 42-bed assisted living/memory care lacility and associated improvernenls subject to the conditions provided in this Agreement and the following condilions: Forestrl': l. The Developer shall provide a complete inventory ofall trees being removed. Provide the species b1' name - in some cases, the rvords cotton$'ood, ash, or u'illovv are specific enough. Be specific on the t1'pe of elm, locusl, maple, spruce. pine, etc. That inventorl shall include the tree species, DBH measurement, and current condition listed as either poor, t'air, or good. 2, The Developer shall submit an acceptable planting plan that complies with diversill' requirements. Citl'code requires species dil'ersitl'such that no more than l0% ofthe planting is the same species; no more than 20% ofthe same genus; and no more than 40% from the same familr'. ll .l 22s87r!1 3. The Developer shall provide more detail on the location oftree protection fencing, the type of fence being used, and the species being protected. 4. The Developer shall ensure that the landscape value olthe project conforms 10 City Code Section 20-lI79. 5. The Developer shall provide baseline canopl,coverage and minimum canop\ coverage analysis as outlined by City Code section l8-61. 6. Prior to any tree removals, the Developers contraclor shall schedule an inspection with the Cit), Forester to confirm rvhich trees u,ill be removed onsite as part ofthe buffer re- establishment plan. Engineering: l. The Developer and their engineer shall work rvith Citl staff in amending the construction plans, dated 1012112025, prepared b1'Andcrs Melbl,u'ith Civil Site Group, to fulll,satisfl construction plan comments and concerns. Final construction plans will be subject to revieu' and approval by staff prior to the recording of the site plan agreement. 2. All newll' constructed streets and sidewalks u,ill be privatell,owned and maintained. The developer shall pror,ide for revieu and approval maintenance agreements for these improvements. 3. All sanitary sewer nrains shall be privatell owned and maintained and their connection to the MCES interceptor be permitted through MCES. Approval to connect directly to the MCES interceptor shall be provided to the Citv prior lo recording olthe Site Plan Agreement. The Developer uill be required to enter into a maintenance agreernent u'ith the city for the proposed inside drop rvithin MCES manhole prior to issuance of building permils. 4. lt is the Developer's responsibility to ensure that permits are received from all other agencies rvith jurisdiction over the projecl (i.e. MCES. Army Corps olEngineers. DNR. MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, MDH, MPCA, etc.). Once permits are received, applicant shall provide copies to the City's engineering office prior to slart ofconstruclion. 5. Developer shall provide a traffic control plan to construct the connections to 78th Street and the connection to the existing watermain. 6. Developer shall provide agreement with MCES to connect into manhole. 7. For connection to W 78th St, the Developer shall provide a straight cul across the entire road u'idth. 8. The Developer shall update the removal plans shou'ing no pavement removals due to the directll drilled seuer crossing. 9. Casing the seu,er service crossing 78th is not required but u,ould be acceptable if selected b1'the Developer. Developer shall resubmit plans shouing the final construction method selected bl applicant. 10. Impact to WB 78th St to conslruct the eastern most driveu'a) entrance shall be lour feet wide in order to achieve pavement compaclion densities. The Developer shall match existing pavement & road section. I l. Impact to \['B 78th St to construcl the \\estem most drive$aY enlrance shall be one large rectangle in order to limit dilferential settlement. Reference reviewed PDF lrom tot22tz025. 12. The Developer shall rvork rvith their engineer to adjust the proposed gate valve to keep it outside the curb and gutter prior to issuance of a building permit. 219879v4 l Water l. 13. Thc Developers shall have their engineer stretch the detail plate sheets to improve legibility prior to issuance of a building permit. Resources: 1'he Developer shall provide an operalion and maintenance plan (O&M) for the private storm\\'ater BMPs onsite. The O&M of private stormwater BMPs is required in perpetuitl and must be approved by the Water Resources Engineer, or their designee, to be recorded against the benefiting properties, prior to building permits being issued. The O&M agreement shall outline the areas to be irrigated with the reuse system. This shall be approved bi the Citi'and recorded againsl the propeft)'prior to issuance ofa building permit. It is the Developer's responsibility'to ensure that permits are received from all other agencies n'ith jurisdiction over the pro.iect (i.e. MnDNR, Carver County', RPBCWD, Board of Water and Soil Resources, MnDO'I, DNR, etc.) prior to the commencement of construction activities. ) Building: l. Building plans must be prepared and signed bl design professionals licensed in the State of Minnesota. 2. Building plans must be submitted to the Department of Labor and Industry (DOLI) for plan review. 3. After DOLI has completed their plan review a building permit rrust be obtained from the Ci11' of Chanhassen before beginning an) construction. 4. 'l'he building is required to have automatic fire extinguishing s)'stems. 5. Retaining rvalls (ifpresent) more than four leet high, measured from the bottom ofthe Iboting to the top ofthe u'all, must be designed b1' a professional engineer and a building permit must be obtained prior to construction. Retaining u'alls (ifpresent) under friur feet in height require a zoning permit. Fire: I The building is required to have a full fire alarm rlith notification s]'stem. A certificate of occupanc), shall not be issued prior to passing a fire alarm final inspection. Hydrants are required *'ithin 100 feet of both fire department connection locations. 8. General Conditions. The general conditions of this Agreenrenl are attached as Exhibit "A" and incorporated herein. 9. Counterparts. This Agreement ma1' be executed in any' number of counterparts, each of u hich shall constitute one and the same instrument. - Renrainder ofpage intentionallr lelt blank - 1 5 22987(/!4 S'I'A'fE OI] ]VIINNESOI A COTJNI'Y ()I'CARVI-]R CITY OF CHANHASSEN BY:€/,n fhrr^"-)- EIl!En!i,, M"y- Z rNo, LAJ,A*\]/wFat*un Laurie Hokkanen. Cirl Manager ) (ss ) The ftrregoing instrumenl uas ackroivledged belbre me tfris-3Laai of tr Cfur^ , 2025, b1' Elise R1'an, Mavor, and by Laurie Hokkanen, Citl Manager. of the City olChanhassen, a Minnesota municipal Council. corporalion. on behalf of the corporation and pursuant to the ority granted by its Citl' N( IT PI lBI,IC JENNIFEB ANN POTTER Nolary Public-Minn6sota My Commie*, E4ire. Jtn 31 , 2027 I () l29tl7'r!4 DEVELOPER: LIGHTHOUSE HOMES, LLC BY Its:/lano fc'Lt LL.C STATE OF MINNESOTA COUNTY OF (oru* The foregoing instrument was acknowledged before me this I I day of vSt 2026 by Dee n^ Lrua.en.the M\ ^...L/of Lighthouse Homes, LLC ,a corporation,on b"halFof,tt e entity. ARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 553 l7 (9s2)227-1l0o SS ) ( ) 7 229879\3 MORTCAGE HOI,DE,R CONSENT TO SITE PLAN AGRI'EMENT \/;r,",R ^^k which holds a mortgage on the subject property, the development of which is govemed by the foregoing Site Plan Agreement agrees that the Site Plan Agreement shall remain in full force and eflect even if it lbrecloses on its nrongage. Dated this lfauv or M ichacl Stmb ( 5/r"+,-|,.-s,*-t J(/i;-h.( STATE OF MINNESOTA ) ( ss. COUNTY OI-'IIENNEPIN ) tns 2026 bank, on behalf of said entity. DRAFTED BY: City of Chanliassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (9s2) 227 -t t00 t was acknowledged betbre -" tt i. Zfauy or <;t\, N..dr-,)"., the President of VisionBant, LLC, a Minnesota state-chartered NOTARY PUBLIC susail u Atro t{otarV Public St.ta ol Minnaiota My Co6mitrion Exgi,.r soN Janu 3 r, 2o3r 2026. .t/ \ J+ I . Right to Proceed. Within the Subject Propert), the Developer ma) not grade or othen'ise disturb the earth, remove trees, construct improvements, construct public or private utilities, or an1 buildings until all the follouing conditions have been satisfied: I) this Agreement has been fulll executed b1 both parties, filed u,ith the City Clerk and recorded rvith the Countl Recorder's Office or Registrar ol' Title's Office of the County ofthe Subject Property,2) the necessarl securitl and fees have been received bl thc Cit1,3) the necessary insurance for the Developer and its contractors has been received by the City.4) a pr€construction meeting has been held by the Developerand the Developer's Engineer, and 5) the Clitl has issued a building permit provided the foregoing conditions having been satisfied. 3. License. 'l he Developcr hereby grants the City, its agents, employees, officers and contractors a license to enter thc site to perform all work and inspections deemed appropriate b1' the Oiti in conjunction rvilh site plan development. 4. Public Improvements. The public improvements shall be installed in accordance u,ith Clity Slandard Specifications and Detail Plates and City Ordinance. The Developer shall submit plans and specificalions rvhich have been prepared b)' a competent registered professional engineer 1tl the Cit)' for approval bl the City Engineer. The Developer shall instruct its engineer to provide adequate lield inspection personnel to assure an acceptable level ofqualitl control to the extent fiat the Developer's engineer *ill be able to certifl that the construction rvork meets the approved City standards as a condition of Citl acceptance. The Developer shall obtain all necessan permils from the Melropolitan Council Environmental Sen'ices and olher pertinent agencies before proceeding uith construction. ln addition. the Citi ma), al the Ciq's discrelion and at the Developer's expense, have one or more Citl inspectors and a soil engineer inspect the uork on a full or part-time basis. The Developer's engineer shall pror,ide lbr on-site project managernent. The Developer's engineer is responsible lor design changes and contracl administration bet$een the Developer and the Developer's contractor. The Deleloper or its engineer shall schedule a pre-construction meeting at a mutualll agreeable timc at the Cit) r\ ith all parties concemed. including the Citl staff. to revieu the program for the conslruction uork. Within thin) (30) dal s after the completion of the improvements and before the securil) is released, the Deleloper shall suppll the Citi' u'ith a complete set of reproducible "as constructed" plans ancl an electronic file of the "as constructed" plans prepared in accordance u'hh Citl standards. After completion ofthe improvements, a representative ofthe contractor, and a representative ol'thc Developer's engineer u'ill make a final inspection ofthe uork u'hh the Citl'Engineer. Before the Citl accepts the improvements, the Clitl' Engineer shall be satisfied that all q'ork is satisfactorill completed in accordance u'ith the approved plans and specifications and the Developer and his engineer shall submit a \\'ritten statemcnt to the Citl Engineer certiff ing that the project has been completed in accordance s,ith the approved plans and specifications. The appropriate contraclor waivers shall also be provided. l'-inal acceplance of'the public improvements shall be bi'Cit-v Council resolution. 9 22(1879!4 CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT ''A'' GENERAL CONDITION 2. Maintenance ofSite. The Subject Properq shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval u,hich die shall be promptl)' replaced. A. WarranF-. The Developer u'arrants all public improvements required to be constructed by il pursuant to this Contract against poor material and faultl rvorkmanship. The Developer shall submit either l) a *arranq /maintenance bond lbr 100% ofthe cosl ofthe improvement. or 2) a letter of credit for t\\'ent\'-five percent (25%) of the amount ol'the original cost ol the improvements. The required \\'arrant)' period for materials and uorkmanship for the utilitl contractor installing public se* er and water mains shall be tu,o (2) years lrom the date of final u,ritten Clity acceptance ofthe u'ork. 5. Erosion Control. Before the site is rough graded, and belore any' building permits are issued, the erosion control plan. Plan B. shall be implemented, inspected. and approved bl the Citl'. The Citl ma1 inrpose additional erosion control requirements ilthel'uould be benellcial. All areas disturbed br the excavation and backfilling operations shall be reseeded forthrvith after the completion ofthc lvork in that area. Except as othenvise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seedcd areas shall be lertilized, mulched, and disc anchored as necessary for seed rctention. The parties rccognize that time is ofthe essencc in controlling erosion. If the Developer does not complv r.r'ilh the erosion control plan and schedule or supplementan inslructions received from the Cit1. the Citl mal take such action as it deems appropriate to control erosion at the Developer's expense. The Citl u'ill endeavor to notili the Developer in advance oianl proposed action, but failure of the Citl to do so uill not affect the Developer's and Citl's rights or obligations hereunder. No development rvill be allowed and no building permils u,ill be issued unless there is full compliance with the erosion control requirements. Erosion contnrl shall be maintained until vegetative cover has been restored. After the site has been stabilized to s,here. in the opinion ol'the CiO,, there is no longer a need lbr erosion control, the Cin u ill authorize removal ofthe erosion control measures. 6. Clean up. The Developer shall maintain a neat and orderll uork site and shall daill clean. on and olf site. dirt and debris, including blowables, fiom streets and the surrounding area that has resulted liorr construction $'ork by the Derreloper, its agents or assigns. 7. Warrang. AII trees, grass. and sod required in the approved Landscaping Plan, Plan C, shall be \\'arranted to be alive. ofgood qualitl'. and diseasc frce at the time of'planting. All trees shall be \\'aranted for t*clve ( l2) months from the time ofplanting. The Developer or his contractor(s) shall post a letter ofcredit or cash escro$ to the Cit) to secure the $ arranties at lhe time offinal acceptance. 8. Responsibilitl for Costs. A. The Developer shall hold the City and its of'ficers and employees harmless from clairns rnade b1, itself and third parties for damages suslained or costs incurred resulting from site plan approval and development. The Developer shall indemnifl the City' and its officers and emplo) ees for all costs, damages. or expenses rr hich the Citl mar plr or incur in consequence ol'such claims, including attomey s' fees. B. 'l'he Developer shall reimburse the Cit)' lor oosts incurred in the enforcement o['this Agrcemenl, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it b5, the Citl' lor obligations incurred under this Agreement u ilhin thig' (30) da1's after receipt. If the bills are not paid on time, the Citl r.nav hah all development u'ork and construction. Bills not paid riithin thirtl (30) dals shall accrue interest al the rate of 87o per 1'ear. D. The Developer shall pay all costs incuncd h1 it or the Ci$ in conjunclion *'ith the 229819\4 l0 development of the site and installalion of public improvements, including but not limited to legal, planning, engineering and inspection expenses incurred in connection u'ith approval of the site plan, the preparation of this Agreement, revieu ofanl other plans and documents. E,. In addition to the charges and special assessments relened to herein, other charges and special assessments may be imposed such as, but nol limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 9. Developer's Default. In the evenl o1'default bl the Developer as to an) of the uork to be perfonned bl it hereunder. the Cit1 ma1, at i1s option. perlorm the u'ork and the Deleloper shall promptl) reimburse the City for an) expense incurred b1 the Cit1, provided the Developer is first given uritten notice ofthe u'ork in default, not less than lour (4) days in advance. This Agreement is a license for the City to ac1, and it shall not be necessary for the Citl' to seek a Court order lor permission to enler lhe land. When the Citl' does anl such u'ork, the Citl ma1. in addition to its other remedies. assess the cost in u hole or in parl. 10. Miscellaneous. A. Construction 'frailers. Placement olon-site construction trailers and tcmporaryjob sile offices shall be approved b1'the CiS Engineer. Trailers shall be removed from the subject propertl' u ithin thi4 (30) days following the issuance ol a certificate of occupancy' unless othenr ise appror ed b) the ( it) Engineer. Il. Postal Sen,ice. The Developer shall provide firr the maintenance of postal sen'ice in accordance rvith the local Postmaster's request. U. 'Ihird Parties. Third parties shall have no recourse against the City under this Agreement. D. Breach ofContract. Breaoh ofthe terms ofthis Agreement b)' the Dcve'loper shall be grounds lor denial of building permits. E. Selerabilit)'. Ifanl portion, section, subsection. sentence. clause, paragraph. or phrase ofthis Agreement is for anl reason held invalid, such decision shall not afflct the validitl of the remaining portion of this Agreement. F. Occuoancy. Unless approved in u,riting by the City Engineer, no one may occupy a building lor u,hich a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved u'ith a biluminous surface and the utilities tested and approved b1, the citi .(i. Waivers/Amendments. The action or inaction ol'the Ci t1 shall not constitute a u,ai'l'er or amendment to the provisions olthis Agreement. 'lb be binding, amendments or waivers shall be in u,riting, signed by'the parties and approved bl rvritten resolution of the City Council. The Cit1"s failure to promptl) take legal action to enforce this Agreemenl shall not be a uaiver or release. Il. Reoordins. This Agreement shall run u'ith the land and ma1 be recorded against the title to the Subject Propertl. The Developer covenants u'ith the Citi, its successors and assigns, that the Developer has lee title to thc Subject Propcrty and/or has obtained consents to this Agreemenl, in the fbrm attached hereto. from allparties u,ho have an interest in the prope(y; that there are no unrecorded interests in lhe propert); and that the Developer uill indemnifl' and hold the Citl harmless lor anl breach ofthe foregoing covenants. I. Rcmedies. Each right, po\\'er or remedl'herein conlerred upon the (litf is cumulative and in addition to evcry other right, pouer or remedy, express or implied. notl or herealter arising. available to Citl'. at lau or in equitl'" or under anl other agreement. and each and everl right, pou'er and renredr herein set firrth or otheru'ise so existing ma1' be exercised from time to ll 22s879va time as ollen and in such order as mav be deemed expedient by the Citi'and shall not be a u,aiver ofthe right to exercise at any time thereafter anl other right, porver or remedl'. J. Construction Hours. The normal construction hours under this Agreenrent shall be from 7:00 a.nr. to 9:00 p.m. on u,eekda1,s. from 9:00 a.m. to 5:00 p.m. on Saturdays, rvith no such activity alloued on Sundals or an1 recognized legal holidays. Construction actir ities in conjunction rvith nov developments and Citf improvement pro-iects, including but not limited to grading, utilit)' inslallation and paving, requiring the use of heavy equipment shalJ be permitted betrveen the hours of 7:00 a.m. and 6:00 p.m. on an) ileekdal'and 9:00 a.nr. and 5:00 p.m. on Saturdays. No such activitl is permitted on Sundal s or public holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the nonnal rvorking hours u'ill require Citi Council approval. K. Soil Treatment Svstems. If soil treatment systems are required, the Developer shall clearly' identify in the field and protect from alteration. unless suitable altemative sites are first provided. the trvo soil treatment sites identified during the site plan process lor each lot. l'his shall be done prior to the issuance ol a Grading Pennit. Anl violation/disturbance of these sites shall render them as unacceplable and replacement sites u'ill need to be located for each violated site in order to obtain a building permit. L. Clompliance with l-au's. Ord in4rtces, aa{Rccu . [n the develo pment of the site plan. the Developer shall comply u,ith all larvs, ordinances, and regulations of the folloiving authorilies: 1. CiO' ofChanhassen: 2. State of Minnesota, its agencies, departments and commissions; 3. United States Arml Corps ofEngineers; 4. Watershed District; 5. Metropolitan Govemment, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall lumish the City'rvith evidence satisfactor) to the City thal it has the aulhorit) ofthe fee ou'ners and contract for deed purchasers to enter into this Agreement. N. Soil Conditions. The Developer acknou'ledges that the Cit)' makes no representations or warranties as to the condition ofthe soils on the Subject Propert)' or its fitness for construction of the improvements or an) other purpose lor u,hich the Developer may' make use of such propert). The Developer further agrees that it u'ill indernnill'. defend, and hold harmless the City, its governing body members, officers, and emplovees fronr an1' claims or actions arising out of the presence, if an1'. ol hazardous \\'astes or pollutants on the Subject Propertl', unless hazardous \\,astes or pollutants rvere caused to be there bl the Cit-v- . 0. Soil Correction. The Developer shall be responsible for soil correction work on the Subject Property. The City makes no representalion to the Developer conceming the nature of suitabrlitl of soils nor the cost ofcorrecting any unsuilable soil conditions which mal exist. P. Insurance. Developer shall take out and maintain until six ((, months after the Cit1" has accepted the public improvements. public liabilitl and propertl'damage insurance covering personal injury, including death, and claims for propertl'damage u'hich may arise out of Developer's rvork or the u ork of its subcontractors or b1' one directll or indirectly emplol'ed b1'an1 of them. Linrits fbr bodil;- injury and death shall be not less than ti500,000 for one person and $ 1,000.000 for each occurrence; limits lbr property damage shall be not less than $500.000 for each occurrence; or a combination single limit policl' of $1,000,000 or more. The Citl shall be named as an addilional insured on the policl, ancl the Developer shall file ivith the Citl' a certificate evidencing coverage prior to the Cit1" signing the Agreement' The t2 229819!4 oe(ifica1e shall provide that the Cily must bc given ten (10) days advance written notice of the cancellation ofthe insurance. The certi{lcate'mav not contain anv disclaimer lor lhilure to give the required notice. - Remainder ofpage intentionally left blank - 229|t79!4 tl EXHIBIl'B l.cgal [)cscription: That part of Tracts A and B belou : '['ract A That part of the Southeasl Quarter of the Southeasl Quarter of Section I 0, Township I I 6 No(h, Range 23 West, Carver County, Minnesota, described as follou's: Beginning at a point on the south Iine of said Southeast Quarter oflhe Southeast Quarter, distance 195.0 feet \\'esl ofthe southeast comer thereof: thence $'est along said south line a distance of361.00 feet; thence norlherly parallel to the east line of said Southeast Quarter ofthe Southeast Quarter a distance of 593.20 feet; thence deflecting right at an angle of 62 degrees 00 minutes 00 seconds a distance of 150 feet, more or less. to the center line ofcreek; thence easterll along said centerline to its intersection *ith a line drau'n northerll' and parallel u ith said east line from point of beginning; thence southerl), along said parallel line to the poinl of beginning. Tract B: That part of the Southeast Quarter of the Southeast Quarter of Section I0. Torvnsh ip I I 6 N onh. Range 23 West. Caner Countr. N4innesota. described as follorrs: Beginning at a point on the south line ofsaid Southeast Quarter of the Southeast Quarter, distance 195.0 feet west ofthe southeast corner thereof; thence northerly parallel u,ith the easl line of said Southeast Quarter olthe Southeast Quarter to its intersection with the centerline of the creek: thence easterl) along said centerline ofthe creek to its intersection u'ith the east line said Southeast Quaner of the Southeasl Quarter; thence southerll along said easl line to the southeast comer of said Southeasl Quarter ofthe Southeast Quarter; thence u,esl along said south linc to the point of beginning; which lies northerly of the northerly boundaryof Minnesota Department of Transportation Right of Wal Plat Numbered | 0-09 as the same is on file and ol' record in the office ofthe Countr,Recorder in and lor said countr'. 229879!4 l1