1p1 Site Plan Chan Pump House No. 6 IT 0 F PC DATE: 5/19/93 - 1
C 11 A 111 A s s CC DATE: 6/14/93 Q /vim
CAS #: 9 -
1 \ • `� E..__. 3 3 Site
By: Al -Jaff
STAFF REPORT
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PROPOSAL: Site Plan Review for a proposed 16' x 19' addition to an existing City of
I Chanhassen Pump House No. 6, for U.S. West Communications Fiber Site
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' 4 LOCATION: East of Chan View and West 77th Street and north of Hwy 101.
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Q. APPLICANT: U.S. West Liesch Engineering
O. Room 350 13400 15th Avenue No.
I < 2800 Wayzata Boulevard Plymouth, MN 55441
Minneapolis, MN 55405
I PRESENT ZONING: PUD -R, Planned Unit Development - Residential Action bY ctr Admin►strstor
updvse
ACREAGE: 60,000 Square Feet µod ed------
' Rejecte�� ----
DENSITY: ptit
Date Submitted to Commission
1 ADJACENT ZONING AND Submitted to CouncU
LAND USE: N- PUD -R, West 77th Street 6 -- y- 5'3
S -PUD -R, Hwy 101
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Q E - PUD -R, Planned Unit Development- Residential
W - RSF, Residential Single Family and Chan View
1 0 WATER AND SEWER: Available to the site.
I tJJ
PHYSICAL CHARACTER.: The parcel has an existing City of Chanhassen Pump
House on it Cn •
2000 LAND USE PLAN: Residential
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U.S. West Site Plan
May 19, 1993
Page 2
1 PROPOSAL /SUMMARY
' The applicant is proposing to construct a 304 square foot addition to a City owned Pump House
No. 6. The requested addition will be utilized for placement of telecommunications equipment.
The city owns the land on which the addition is proposed to take place. The applicant is
1 proposing to lease the site from the city. The addition will house equipment but no employees.
The overall site plan is very simple. The building's architectural design consists of concrete
block which will match the existing building material. As a part of the lease agreement, staff
requested the applicant provide a pitched roof over the existing pump house building as well as
' the proposed addition. This will allow the building to fit better with its surroundings as it is
located in a residential area.
The landscaping plan must be revised. The Engineering Department is requesting that an access
driveway loop be provided around the building. This will result in the elimination of some green
space. The remaining area will be seeded. The applicant is proposing five trees along the
1 westerly portion of the site. Staff is recommending ten additional coniferous trees be added.
Staff is recommending that the site plan be approved without variances subject to appropriate
conditions.
' GENERAL SITE PLAN /ARCHITECTURE
The site is located east of Chan View and W. 77th Street, and north of Hwy 101, and has an area
' of 60,000 square feet. The applicant is proposing an addition to an existing pump house
building. This addition will house the telecommunications equipment for U.S. West, and will
be located west of the pump house. Parking will be located to the east of the building and will
' probably be used once a month for maintenance purposes. The materials to be used on the
addition consist mainly of rock face concrete block which will match the existing pump house
building. The roof design has been revised since staff first met with the applicant. The current
building has a flat roof. Staff requested a pitched roof be added to the addition as well as the
existing pump house portion of the building. The applicant submitted two schemes. One scheme
showing the building with a flat roof and the second with a pitched roof. Staff is recommending
a pitched roof be used to allow the building to blend with the single family residences in the
area.
1 PARKING/INTERIOR CIRCULATION /ACCESS
The site is proposed to be accessed from the existing driveway to Pump House No. 6 from West
1 77th Street cul -de -sac. To provide better traffic movement throughout the site, the
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U.S. West Site Plan
May 19, 1993
Page 3
City's Water Superintendent, Mr. Jerry Boucher, recommended that a bituminous turnaround be I
installed with the overall site improvements at the applicant's expense (see Attachment #1).
Parking of vehicles will probably take place once a month for maintenance purposes. Vehicles
can park east of the site.
LANDSCAPING 1
The landscaping plan proposes five trees along the west side of the building. The most northerly
tree will be impacted by the location of the proposed bituminous turnaround (see Attachment #1).
Staff is recommending the tree be moved further west. Staff is also recommending ten additional
coniferous trees be added. All disturbed areas on the site shall be reseeded or sodded.
Staff is not requesting additional trees on the north, south, and east, because there is an intensive I
� g ,
landscaping project proposed to take place, associated with the realignment of Highway 101 and
I the future construction of two tennis courts. Staff is recommending the applicant consult with
BRW while preparing their landscaping plan so that planting can be coordinated with the city's
landscaping plan.
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GRADING AND DRAINAGE
Only minimal site disturbance is anticipated with the building construction. Site restoration 1
should include sod between the building and the driveway. The remaining disturbed area will
be seeded and mulched in accordance with the City's Best Management Practice Handbook for I
Erosion and Sediment Control. In addition, erosion control fence (Type I) should be installed
along the south perimeter (downstream side) of the site improvements.
Due to limited site expansion, no additional site drainage improvements will be necessary.
UTILITIES
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Municipal sanitary sewer and water intersects the parcel south of the building. It appears the
proposed U.S. West building is requesting municipal sanitary sewer and water service. Individual
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sewer and water service will have to be extended by the applicant from the existing mains on the
property. As a result, the applicant will be responsible for a connection and hookup charge in
the amount of $5,850 ($4,100 + $1,750) with the building permit. This fee does not include any
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additional SAC fees.
PLANNING COMMISSION UPDATE
1
On May 19, 1993, the Planning Commission reviewed the application and approved it
unanimously. Two issues of concern were addressed at the meeting. The first concerning
seeding versus sodding the property. The applicant had proposed to seed all disturbed areas.
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1 U.S. West Site Plan
May 19, 1993
Page 4
' The Planning Commission recommended all disturbed areas be sodded. Condition #1 has been
amended to reflect this.
The second concern was in regard to completion of improvements that will be started by
U.S.West. Condition #6 was added to address this issue. Provisions could be in the form of a
1 Letter of Credit.
' RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves Site Plan Review #93 -3 as shown on the site plan received April 19,
1993, subject to the following conditions:
1 1. Site restoration shall include sodding on all disturbed areas between-the-building-and
1 City's Best Management Practice Handbook. Ten coniferous trees shall be added to the
west of the proposed addition. The most northerly proposed tree shall be moved further
' to the west. The applicant shall consult with BRW while preparing their landscaping plan
so that planting can be coordinated with the city's landscaping plans.
' 2. Extension of sewer and water service to the proposed building will be the responsibility
of the applicant. In addition, the applicant shall pay the appropriate utility hookup and
connection fees ($5,850) at the time of issuance of building permit.
3. Erosion control fence (Type I) shall be installed along the south perimeter of the site
improvements.
4. The applicant shall install a 12 -foot wide bituminous driveway turnaround per the
attached detail in conjunction with the overall site improvements.
5. A itched roof shall be used as shown in Scheme B on the site plan dated April 19, 1993.
P P P
6. The City Attorney shall ensure that provisions exist to guarantee that U.S. West will
complete improvements on the site. The applicant shall be responsible for all City
1 Attorney fees."
ATTACHMENTS:
1 1. Planning Commission minutes dated May 19, 1993.
2. Proposed bituminous turnaround.
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U.S. West Site Plan
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May 19, 1993
Page 5
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3. Proposed landscaping plan for the realignment of Highway 101 and the construction of
two tennis courts, located to the west of the subject site. I
4. Letter from the applicant dated April 14, 1993.
5. Memo from Dave Hempel dated May 3, 1993.
6. Memo from Mark Littfin dated April 22, 1993. I
7. Copy of the lease agreement.
8. Site Plan dated April 19, 1993.
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Planning Commission Meeting
May 19, 1993 - Page 26
17. Staff shall review the impact of elevating the building site by 6 feet
' and report the pros and cons to the City Council.
All voted in favor and the motion carried.
i Batzli: When does this go to City Council?
1 Aanenson: It will be on June 14th. Based on the conditions. They had
wanted to get on the first one in June. The next one in May but based on
the conditions, we need additional time.
PUBLIC HEARING:
U.S. WEST FOR A SITE PLAN REVIEW FOR A 16' X 19' ADDITION TO THE EXISTING
1 CITY OF CHANHASSEN PUMP HOUSE NO. 6 ON PROPERTY ZONED PUD, PLANNED UNIT
DEVELOPMENT AND LOCATED JUST EAST OF CHAN VIEW AND WEST 77TH STREET AND
NORTH OF HIGHWAY 101.
(Matt Ledvina did not take part in discussion or voting on this issue due
to a conflict of interest.)
Paul Krauss presented the staff report on this item.
Batzli: But the City itself, I mean this is an addition to a city
1 structure but the city won't own it. It will be.
Krauss: No, we do own the building. We own the property. It's being
leased.
Batzli: Okay. Does the applicant wish to address the Commission at all?
You're fully invited to if you'd like to do so.
(The applicant made a comment from the audience which was not heard on the
tape.)
' Batzli: Have you taken a look at our staff report. There's several
conditions. Now do these conditions, since we own the building, apply to
us or does it apply to U.S. West as the applicant?
' Krauss: Well as I understand it, I believe U.S. West is going to be making
the improvements.
Hempel: I believe they're making the improvements.
(The applicant made another comment which was not heard.)
Batzli: We have in, as one of our conditions, a pitched roof shall be used
as shown in Scheme B.
Applicant: ...the existing building has a flat roof. In Scheme A, they're
adding on to the existing building with a flat roof. B and C is adding
onto the existing building and putting a pitched roof over the whole thing.
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Planning Commission Meeting
May 19, 1993 - Page 27 1
Batzli: Right, and that's the one we're looking at tonight, is the pitch
roof. Okay. Is there any other public comment? Is there a motion to
close the public hearing?
Scott moved, Mancino seconded to close the public hearing. All voted in II
favor and the motion carried. The public hearing was closed.
Mancino: I agree 100% with the staff recommendations. 1
Scott: Let's see, has the annual lease payment amount been determined?
Krauss: I don't believe it has. That's why it was left blank. ,
Applicant: We haven't determined the lease payment yet and we've been
discussing... 1
Scott: Okay. No further comments.
Batzli: So the lease was drawn up by our attorneys? '
Applicant: No. The least is a lease from U.S. West given to the City 11 Attorney for review...
Batzli: Okay. Ladd.
Conrad: Nothing.
Batzli: My only question is, if they're doing improvements on a building
owned by us, and somehow they default half way through. Not that U.S. We
is going to but let's hypothetically say that they lose interest in the
project and we have a half finished building. Then what do we do?
Krauss: That's a question for our attorney to answer in the contractual
arrangements we have with them. Probably require some posting of letter of
credits to insure completion.
Batzli: Yeah, see I would assume that since they're altering a building
owned by the City, that something would be in there that guarantees that
they finish it, one way or another. And I don't know how we do that but i'
would seem to me that that would be a prudent thing to say somewhere in one
of the conditions that either, I don't know if they post a bond or what
they do. '
Applicant: One of the things we're doing is, the technology is changing so
much right now...going from copper feeders to fiberoptics and what that's II
going to do basically in servicing the Chanhassen area, is going to...
Krauss: I'm certain we can have your concern addressed.
Batzli: Yeah. The sodding is between the building and the driveway?
Hempel: That's correct. 1
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Planning Commission Meeting
11 May 19, 1993 - Page 28
' Batzli: But you're going to bring in a cable into the building. Is that
going to be a regular trencher that's bringing that in with or is it going
to be one where.
' Applicant: It will be conduit in the ground. It will be down 15 inches
into the ground. It will be a 4 inch conduit.
' Batzli: Are you going to be laying it, slit laying it or is there where
you dig it up and you lay it in and then you backfill over it?
Applicant: I'm not certain but normally when we put conduit down, we have
to dig...but I'm not a cable expert. Normally if you bury...Is your
concern?
' Batzli: Just the resodding of that area rather than reseeding.
Krauss: Yeah, you should include restoration of any disturbed area.
' Batzli: But the condition here that it's just reseeded rather than sodded.
And if they're going to be digging up a yard wide trench, I'd rather see
them resod it. Those were the two items I had. Does someone have a
motion, unless there's other discussion?
Scott: I move that the Planning Commission approve Site Plan Review #93 -3
' as shown on the site plan received April 19, 1993 subject to the existing
conditions numbered 1 thru 5.
Batzli: Is there a second?
Mancino: Second.
Batzli: Okay. Any discussion?
Conrad: Were your comments incorporated in Joe's motion?
' Batzli: No, they really weren't. I think if you added after the word,
Best Management Practice Handbook, kind of a comma. Except that any
trenching performed shall be resodded. That would take care of one of
them.
Krauss: I had written in for myself, if I could suggest a condition 6.
That the City Attorney insure that provisions exist to guarantee U.S. West
will complete the improvements.
Batzli: Okay. That takes care of my other one.
Scott: I agree.
' Batzli: Who seconded the motion?
Mancino: I did. I second that.
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Planning Commission Meeting
May 19, 1993 - Page 29
Scott moved, Mancino seconded that the Planning Commission recommend
approval of Site Plan Review #93 -3 as shown on the site plan received Apra.
19, 1993, subject to the following conditions:
1. Site restoration shall include sodding between the building and
driveway and one roll of sod adjacent to the outside edge of the new II
driveway surface. The remaining disturbed areas may be reseeded and
mulched in accordance with the City's Best Management Practice
Handbook, except for any trenching performed shall be sodded. Ten
coniferous trees shall be added to the west of the proposed addition.
The most northerly proposed tree shall be moved further to the west.
The applicant shall consult with BRW while preparing their landscpainil
plan so that planting can be coordinated with the city's landscaping
plans.
2. Extension of sewer and water service to the proposed building will be 1
the responsibility of the applicant. In addition, the applicant shall
pay the appropriate utility hook - up and connection fees ($5,850.00) all
the time of issuance of building permit.
3. Erosion control fence (Type I) shall be installed along the south
perimeter of the site improvements. 1
4. The applicant shall install a 12 foot wide bituminous driveway turn
around per the attached detail in conjunction with the overall site 1
improvements.
5. A pitched roof shall be used as shown in Scheme B on the site plan
dated April 19, 1993.
6_ That the City Attorney insure provisions exist to guarantee that U_5.
West will complete the improvements. 1
All voted in favor, except for Matt Ledvina who did not vote, and the
motion carried. 1
Batzli: And this goes to City Council when?
Krauss: The same date. 14th of June. 1
Batzli: Very good. Thank you for coming in.
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\ 1 PROPERTY LINE (TN
\ • UGE -
,SIE
N PUMP H USE
\ \
1
EXIST. BITUMINOUS
ji_______._______
I \
GRASS\AREA
O �� PROPOSED 16' X 19'
1T - i 1 62'± (FLOOR ELEV. 956.5'
TRANSFORMER
I \
R , m ' EXIST. CITY OF CHI
4 �� . , , # 6 � ' PUMP HOUSE NO. 6
R , y.; . 959
*V: li c�� w i F4:
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— "' I TACHMENT 1
I PROPOSED 10' WIDE
1 I I UTILITY EASEMENT 7
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• 3 -SUGAR MAPLE
OTANIGAL NAME CONDITION SIZ • \
ANODES "EMERALD QUEEN' 8 + 8 2.5' CAI .. • . \ 3 - NORWAY SPRUCE LIMITS
ZUBRUM 'RED SUNSET' B + B 4' GAL. . •. -
1UERCUS RUBRA 8 + B 2.5 CAL. \` STEEL EDGER.
\ TYP
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1 '6 - COLORADO GREEN TYP
GER SAGCHARUM B + 8 2.5" GAL. SPRUCE 1 \
\ 20 - GOL
3 - NORWAY SPRUCE : 4 0.1
'ILEA PUNGENS B + B 8' HT. \
PICEA ARIES B + 8 G' HT. \
PICEA ARIES 8 + 5 . 8' HT. 3 - SUGA
PICEA ARIES 8 + 5 10' MT. /, 8.. 1°41111111 , ' I ; i i
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OSA 'CHARLES ALBANELL GRADE 1 GONT 12' HT. 0 I ., i FRANGULA COLUMNAR CONT. /8 +8 4' HT. / • ` � ,
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NUM OPULUS NANUM GONT. 2430' NT :8 /. /,' •` > "
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JS QUMOUEFOUA ENGELMANNI POT. G POT. i J�.\ i , 8 . 4_ , .
� I • • �� /;:111 I , , PUMPHOUSE AND PIP 3 PIPING CLEAR \I �> � " ' ' ZONE - NO LANDSCAPING. 0 / j ' , ;
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.:_ LIESCH ENGINEERING CORPORATION
13400 15th Avenue No.. Plymouth, MN 55441. 612-559-1423. FAX No: 559 -2202
' Ap ril 14, 1993
1 Ms. Shat min Al -Jaff
City of Chanhassen
1 690 Coulter Drive
Chanhassen, MN 55317
' RE: Proposed U.S. West Fiber Site at City of Chanhassen Pump House No. 6
Dear Ms. Al -Jaff:
1 Liesch Engineering Corporation was retained by US West Business Resources, Inc. to prepare
a site plan and architectural elevation views for a proposed fiber building addition to the City
of Chanhassen's existing pump house No. 6 per the City site plan requirements. We are
submitting along with the site plan, two architectural elevation schemes, Scheme A and Scheme
B, for the City's review. Scheme A shows the addition with a flat roof to match the existing
' structure and Scheme 13 as requested by the City, shows the addition and the existing structure
covered with a shingled gable roof.
' The purpose of the building is to house electronic telecommunications equipment to serve the
downtown Chanhassen area with voice and data services both now and into the future. The
proposed addition will have its own electrical service and meter. The addition will have electric
' heat and an air conditioner unit. No roof mounted equipment, sewer and water will be required.
The proposed ten feet utility easement from the proposed addition to Highway 101 shall be used
for telephone conduit and cable.
' It is anticipated that once the facility is in operation, the building will be unmanned with the
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exception of bi- monthly maintenance and repair requirements to the electronic
1 telecommunications equipment.
' If you have any questions, please feel free to call me at 559 -1423.
Sincerely,
1 LIESCH ENGI T ERIN CORPORATION
glen A. Peterson ames M. Bullert, P.E.
Project Engineer Civil Engineer
1 Attachment
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' cc: Jerry Krieger - US West ijs:GO /]tr41393c
Joseph V. Edeskuty - Edge Commercial Real Estate
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CITYOF
0 4
, CHANHASSEN
6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 1
MEMORANDUM I
TO: Sharmin Al -Jaff, Planner I
I
FROM: / Hempel, Assistant City Engineer � /
DATE: May 3, 1993 1
SUBJ: Site Plan Review for Proposed U.S. West Communications Fiber Site at City
1
Pump House No. 6, South Lotus Lake Addition
File No. 93 -12 Land Use Review
1
Upon review of the site plan prepared by Liesch Engineering, Inc. dated April 13, 1993, I
offer the following comments and recommendations:
UTILITIES
al sanitary sewer and water intersects the parcel south of the building. It I
Munici
p ry p out e bu d g, t appears
the proposed U.S. West building is requesting municipal sanitary sewer and water service. I
Individual sewer and water service will have to be extended by the applicant from the
existing mains on the property. As a result, the applicant will be responsible for a
connection and hookup charge in the amount of $5,850 ($4,100 + $1,750) with the building I
permit. This fee does not include any additional SAC fees.
GRADING AND DRAINAGE
I
Only minimal site disturbance is anticipated with the building construction. Site restoration
should include sod between the building and the driveway. The remaining disturbed will
111
be seeded and mulched in accordance with the City's Best Management Practice Handbook
for Erosion and Sediment Control. In addition, erosion control fence (Type I) should be
installed along the south perimeter (downstream side) of the site improvements. 1
Due to limited site expansion, no additional site drainage improvements will be necessary
1
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t4: PRINTED ON RECYCLED PAPER
111
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1 Sharmin Al -Jaff
May 3, 1993
Page 2
ACCESS
The site is ro osed to be accessed from the existing driveway to Pump House No. 6 from
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the West 77th Street cul -de -sac. To provide better traffic movement throughout the site,
the City's Water Superintendent, Mr. Jerry Boucher, recommended that a bituminous
turnaround be installed with the overall site improvements at the applicant's expense (see
1 Attachment No. 1).
RECOMMENDED CONDITIONS OF APPROVAL
1 1. Extension of sewer and water service to the proposed building will be the
responsibility of the applicant. In addition, the applicant shall pay the appropriate
utility hookup and connection fees ($5,850) at the time of issuance of building
permit.
' 2. Site restoration shall include sodding between the building and driveway and one roll
of sod adjacent to the outside edge of the new driveway surface. The remaining
disturbed areas may be reseeded and mulched in accordance with the City's Best
1 Management Practice Handbook.
3. Erosion control fence (Type I) shall be installed along the south perimeter of the site
1 improvements.
4. The applicant shall install a 12 -foot wide bituminous driveway turnaround per the
1 attached detail in conjunction with the overall site improvements.
ktm
' Attachment: Driveway turnaround detail
c: Jerry Boucher, Utility Superintendent
Charles Folch, City Engineer
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\ • UGE -
PROPERTY LINE (T
,SSEN PUMP H USE \ / \ 1
\ \
EXIST. BITUMINOU
3
L 1
- GRASS AREA ? / \ \
1
\ o
PROPOSED 16' X III'
62 \ • (FLOOR ELEV. 95
li-- ) \
ASH TRANSFORMER
ICA) ; 0
\ `� ? *;y 0 m , EXIST. CITY OF 1 1
JCE 0 ` ,. .. 41.A \ PUMP HOUSE NO. 6
A 9:.-k : S . P: I.,� \ i
/ P. .. ;t P 959
1
'' i f il : 4: ie . Mr "" Effignaa -a r 1- 7/ '
1
, �, r -fr' . . „` .. L„ I PROPOSED CON 1
NC
1 410 ASH I
ICA)
1 \__ 4 --- -- 957
GRASS ARIA \ 3 r R P1E1Q
NEXIST. - 955
V \ ” ...
/ - r---- \ SS \ -- ----953 ) Z $ 7 I N
I ‘TACHMENT
- w I 1
1
1 t' PROPOSED 10' WIDE
'
I ! / UTILITY EASEMENT 1
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CITYOF
4
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 _ (612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
i TO: Sharmin Al -Jaff, Planner I
FROM: Mark Littfin, Fire Marshal
1 DATE: April 22, 1993
' SUBJ: U.S. West /City Pump House
Planning Case 93 -3 Plan Review
I have reviewed the site plan for a 16' x 19' addition to the existing Pump House No. 6, and
have no comments or recommendations at this time.
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PRINTED ON RECYCLED PAPER
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R May 13,93 14:28 No.013 P.02
CCAMI'J -SELL, KNUTSON, SCOTT & FUCHS, PA.
Attorneys at Law
carurhrll (h 2) 452- WO
R{ N. 1:ntlt5 1.ax (612) 452-5550
'I h, mya. M, SS ut t
airy <-;. I.itc1i
jatni•c R. Waist, >t,
Flli „rr )i. Knetsch
Mich<<tl A Hr,
Rena(' 1) Stci r May 13, 1993 1
BY FAX AND M i IL ,
Ms. Sharmin Al -Jaff
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: M. S . We - Lease Aar '
Dear Sharmin:
T have reviewed the above referenced lease agreement and
suggest the following paragraphs be added to the agreement:
• Tenant shall landscape the leased premises in accordance
with the attached landscaping plan. Tenant shall be
responsible for maintaining the landscaping during the
term of this lease and replacing in kind any dead,
damaged, or diseased landscaping materials.
• Tenant shall, at its own cost, extend public sewer and '
water to the leased premises and pay all applicable fees.
• Tenant shall pay all special assessments, taxes, and
utility fees on the leased premises.
• Tenant shall comply with the requirements established by
the City Council for site plan approval.
Please call if you have any questions or comments.
Very truly yours,
CAMP ELL, KNUTSON, SCOTT '
UC
BY: 1
Roger N. Knutson
RNK :srn
Suite 117 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
;
I
LEASE AGREEMENT
BETWEEN
1 AND
U S WEST COMMUNICATIONS,
1 a Colorado corporation
I THIS LEASE, made this day of by and
ween (hereinafter
called "Lessor ") and U S WEST Communications. a Colorado corporation
(hereinafter called "Tenant ").
W I T N E S S E T H:
I In consideration of the covenants, conditions and promises hereby
ally taken to be kept and performed by the parties, Lessor hereby
demises and leases unto Tenant and Tenant hereby hires and takes from
I Lessor the following premises (hereinafter "leased premises ") located
in the City of , County of State of Minnesota,
described as follows:
1 That area indicated on Exhibit A attached hereto and made a part
hereof, containing approximately square feet, such leased
premises being located at
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( TO HAVE AND TO HOLD the same for a period of
) years commencing on , and ending
on the day of , with options to
renew as provided by Paragraph 17 herein:
I 1. RENT Tenant agrees to pay Lessor rent of
and No /100 ($ ) Dollars per year. The rent shall be
1 payable annually, in advance, on the first day of each and every
lease year throughout the term of this lease. The Rent specified
above shall remain fixed for the first two years of the lease term.
I The Lease rate will then be adjusted every two years starting with
the third year of lease term and will remain fixed for two years
until adjusted again. The rate will will be adjusted accordingly by
I the increase in the Consumer Price Index "Minneapolis /St. Paul
Region, All Items" published by the U. S. Bureau of Labor Statistics
from the date of commencement of the initial lease term to the date
of commencement of the first adjustment year, and so forth for each
1 adjustment period. If the United States Department of Labor, Bureau
of Labor Statistics, ceases to publish the Consumer Price Index, the
index that will most nearly accomplish the purpose and use'intended
1 by the parties hereto with respect to the adjustment of rent shall be
used in lieu of said Consumer Price Index.
1 (1)
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2. USE The demised premises shall be used by Tenant for
operating telephone equipment. Tenant shall not store any items of a
hazardous nature, including without limitation flammable or explosive
substances, nor shall Tenant use the leased premises for any purpose
which may cause the cancellation of any insurance policy covering the
building or which may increase the premium therefor, or which will
interfere with the general safety, comfort and convenience of lessor,
occupants and other tenants of the building. Tenant shall be
responsible for obtaining all governmental licenses, permits and
other governmental requirements as may be necessary to the exercise
of Tenant's rights hereunder.
3. MAINTENANCE Tenant shall maintain the lease premises in a
neat and clean condition at all times during the term hereof.
4. CONSTRUCTION AND ACCESS Lessor will provide for 24 hour
access by Tenant. Tenant, at Tenant's sole expense, will construct
the partitions, ceilings, and doors necessary to enclose the demised
premises. Plans and specifications will first be submitted to Lessor
for approval, which will not be unreasonably withheld.
5. MECHANIC'S LIENS Tenant will not at any time permit any
mechanic's, laborer's, or materialmen's liens to stand against the
leased premises for any labor or material furnished to Tenant or
claimed to have been furnished to Tenant or to Tenant's agents,
contractors, or sublessees, in connection with work or character
performed or claimed to have been performed on the leased premises by
or at the direction of sufferance of Tenant.
6. SPECIFIC RIGHT OF ENTRY RESERVED BY LESSOR Lessor reserves '
the right and power to enter upon the leased premises for the
purposes of inspecting and investigating the leased premises.
7. INDEMNIFICATION Lessor shall hold the Tenant harmless and,
at Lessor's expense, defend any question of title raised against
Lessor's property. Tenant agrees to defend, indemnify and hold
harmless the Lessor and the Lessor's employees from and against all
claims, suits, liabilities, judgements, costs, damages, and expenses,
which may accrue against, be charged to or recovered from Lessor or
Lessor's employees by reason of or on account of any personal injury
or property damage arising from Tenants use or occupancy of the
leased premises. It is clearly understood and agreed that the
foregoing indemnification and hold harmless agreement does not impose
an obligation on the part of the Tenant to defend Lessor from its own
negligence or failure to act or that of it's employees.
8. CONDEMNATION If the leased premises shall be taken or
condemned for any public purpose to such extent as to render the
leased premises untenantable, this lease shall, at the option of
either party, forthwirth cease and terminate. All proceeds from any
taking or condemnation of the leased premises shall be awarded to the
Landlord.
9. CASUALTY In the event of a fire or other casualty affecting
the leased premises, Tenant shall immediately give notice thereof to
Lessor. If the leased premises, through, no fault of Tenant, its ,
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- agents, employees, invites, or visitors, shall be partially destroyed
by fire or other casualty so as to render the leased premises
untenantable, the rental herein shall abate thereafter until such
time as the leased premises are made tenantable by Lessor. In the
event of the total destruction of the leased premises without default
II or neglect of Tenant, its agents, employees, invites or visitors, or
if from such cause the same shall be so damaged that Lessor shall
decide not to rebuild, then all rent owed up to the time of such
' destruction or termination shall be paid by Tenant and thenceforth
this lease shall cease and come to an end.
10. ASSIGNMENT Tenant shall have the right to assign this lease
I to any U S West subsidiary without the prior written consent of
Lessor.
I 11. SURRENDER Whenever the term herein demised shall be
terminated, whether by lapse of time, forfeiture, or in any other
way, Tenant covenants and agrees that it will at once surrender and
deliver the leased premises to Lessor in as good condition as was
when Tenant took possession, ordinary wear and tear excepted, and if
Tenant shall holdover after any termination of this lease, the same
shall create not more than a month to month tenancy at the rent and
I in all other applicable conditions herein provided.
12. DEFAULT BY TENANT If default shall be made in the payment
I of any sum to be paid by Tenant under this lease and default shall
continue for ten (10) days or if default should be made in the
performance of any other covenants or conditions in which Tenant is
I required to observe and perform hereunder and such default shall -
continue for twenty (20) days, Lessor may (i) terminate this lease
and forthwith repossess the leased premises and remove all persons
and property therefrom and be entitled to recover damages or seek
I equitable relief in accordance with the laws of the State of
Minnesota; or (ii) Lessor may terminate Tenant's right of possession
(but not the lease) and may repossess the leased premises without
I demand or notice of any kind to Tenant and without terminating this
lease in which event Lessor may, but shall be under no obligation to,
relet the same for the account of Tenant for such rent and upon such
I terms as shall be satisfactory to Lessor, and Tenant shall remain
liable for rents payable under the lease; provided, however, that any
rents received from a reletting of the leased premises by Lessor
shall be credited to the account of Tenant after deduction for costs
I of recovering possession and all costs and expenses sustained by
Lessor in reletting the leased premises.
I 13. NOTICES All bills, statements, notices or communications
which Lessor may desire or be required to give to Tenant shall be
deemed sufficiently given or rendered if in writing and either
I delivered to Tenant personally or sent by registered or certified
mail addressed to Tenant at the address shown below. The time of
rendition thereof or the giving of such notice or communication shall
be deemed to be the time when the same is delivered to Tenant or
I deposited in the mail as herein provided. Any notice by Tenant to
Lessor must be served by registered or certified mail addressed to
Lessor at the address where the last previous rental hereunder was
1 payable, or in case of subsequent change upon notice given, to the
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latest address furnished. The address of Tenant.is as follows: U S
WEST Communications, 2800 Wayzata Boulevard, Room 350, Minneapolis,
Minnesota 55405. Attn: Real Estate Department. The address of the
Lessor is:
(Name of Company)
Attn:
(Address)
14. TERMINATION Tenant may terminate lease by giving six months
written notice prior to termination. '
15. ELECTRIC USE Tenant will install an electric meter at its
cost and pay for all electric usage.
16. CONDUIT EASEMENT See attached Exhibit B for telephone
conduit easement from street to leased space.
17. LEASE EXTENSION Tenant will have two (2), five (5) year
options to renew this Lease with six (6) months written notice, at a
market rental rate, but never less than the current rates.
18. SUCCESSORS AND ASSIGNS The terms and provisions of this
agreement shall be binding upon the parties hereto and their
respective heirs, administrators, successors and assigns.
19. SEVERABILITY In the event that any provision of this Lease
shall be held invalid or unenforceable, no other provisions of this
Lease shall be affected by such holding, and all of the remaining
provisions of this Lease shall continue in full force and effect
pursuant to the terms hereof. 1
20. MINNESOTA LAW TO GOVERN This Lease shall be governed by and
construed under the laws of the State of Minnesota.
21. ENTIRE AGREEMENT This lease is the entire agreement of the
parties.
22. ENVIRONMENTAL Lessee shall not conduct any activity or keep
- or have on the lease premises any article or thing of a dangerous,
inflammable or explosive nature that might unreasonably increase the
chance of fire or that might be considered hazardous or
extra - hazardous by any responsible insurance company.
23. OUIET ENJOYMENT Lessor covenants and agrees with Tenant '
that upon Tenant paying the rent under the Lease and observing the
other terms, covenants and conditions of the Lease, Tenant shall be
entitled to peaceably and quietly enjoy the leased premises.
24. CASUALTY Notwithstanding the provisions of Paragraph 9 of
the Lease, if, through no fault of Tenant, its agents, employees,
invitees or visitors, the leased premises shall be partially
destroyed by fire or other casualty so as to render the leased
premises untenantable, Lessor shall determine, in good faith, whether
the leased premises can be made tenantable within 90 days of the
casualty. Lessor shall notify Tenant, in writing, as to such
determination within 30 days after the casualty. If Lessor shall
determine that the leased premises cannot be made tenantable within
such 90 day period, Tenant shall be entitled to terminate the Lease
(4) 1
the date casualty deliver' notice of
as of h to of the ca y by delivering written of,
termination to Lessor within 20 days after receipt of Lessor's
II determination.
25. SURRENDER Notwithstanding the provisions of Paragraph 11 of
I the Lease, Tenant shall not be required to surrender the leased
premises to Lessor at the end of the term in as good condition as
when Tenant took possession in the event of casualty.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
II TENANT: U S WEST COMMUNICATIONS LESSOR:
a Colorado corporation
II By U S WEST Business Resources, Inc.
Authorized Agent
1 BY: BY:
1 ITS: ITS:
STATE OF MINNESOTA
)ss.
II COUNTY OF
The foregoing instrument was acknowledged before me this day of
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acknowledged edg 19 ed the , by of , and he
same to be the free act and deed of said corpora
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Notary Public
STATE OF
I ) ss.
COUNTY OF )
I The foregoing instrument was acknowledged before me this
day of , 19 , by of
Northwestern Bell Telephone Company, and he acknowledged the same to
be the free act and deed of said
Notary Public
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LEASEAGR
1 Original /Blank
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____ - ___.. _ _ _... -_ - � _ - •. (li�W Yom•
(Attached to and forming part of Lease Agreement)
THE LEASED PREMISES 1
(A floor drawing of the leased premises, 1
usually made up by PSL or given to us.)
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(Attached to and forming part of Lease Agreement)
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TELEPHONE CONDUIT EASEMENT,
11 (PSL has this sheet)
(May not used in some leases)
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