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CAS-03_WALGREENS (2)ctober 1995 November 1 95 December 1 95 M T W TF S M T W T F S M T W T F ?... 2... 3.. 4... 5.. 6 ] .............1 2 3 4 ................_.._ 1.. 2. .......0 'i'l B 9 101112. i_3.14 6 7'2"13'4 B.._9J011 3._ 4,5 ,6 _ 14715'9 t5 16 1], i6 19.20 21 12 13 14 15 16 1] 10 10 11 12 13 1. 15 161 2223 24 25 .26 27"2'8' 1920 21 2223 24� 'i6'19 20 21 22 zi ... ...................9 30 ....... 28,2]__29 29 30.,... 25,26 2] 28 29 30 7(109 D Securities 0 SECURITY ESCROW REC'D 4,25/05 WALGREENS LUR FILE NO. 04-19 PLANNING CASE 0"3 $3,180 (originally S164,120.00) 12/5/05 - Bin did letter sending a check in the amount of $129,140 to leave a balance of $34,980. Check was made out to Commercial Partners Title, LLC (they supplied the security). 2/23/06 - Alyson, status? is 3/15/06 - Per Alyson, hold for another year. is 5/18/06 - Per Jill (see notes in Finance Files), OK to release $31,800 to leave a balance of 53,180 (10%). 3/1/07 - Gordy, status? Per Gordy, check back 6/1107. is 6/1/07 - Gordy, status? is 6/20/07 - Per Gordy, check back in December. is 12/08 - Gordy, status? is 1/16/08 - Gordy, status? Still need to replace dead shrubs. Per Jill - need to replace 8 honeylocust in parking lot and 1 dead tree along Market Blvd. Check back in June, 08. is 6/1/08 - Gordy, status? is 7/14/08 - Gordy, status? Per Gordy, tram and shrubs still not replaced. is 10/1/08 - Gordy, status? Still need trees and shrubs replaced. Check back in 6 months. is 4/16/09 - Gordy, status? is 624/09 - Gordy. I checked with Jill and she said she notified the Walgreens people months ago about what needed to be replaced and it appears that nothing has been done. Please advise. Per Gordy, he too contacted Walgreens headquarters with no response. Jill - we need a list of what plantings need to be replaced and their locations Then I can write a letter about I.0 draw down to complete the work. 1 see the list below but has anything changed? is 9/3/09 - Gordy/Jin - status? is 10/6/09 - Gordy/Jin, status? Per Ji1VGordy, the trees have not been replaced, but are growing. 1 think the landscaping is sufficient and that the security can be released. is ............................................................................................................ . � . r:: . ,.::::):a:: ..- :U :::::::::::::::::::::::::::::: r Dwebp 4cwa & 10 e14'12 YM ar91N P^Rinb P°pel Q 0 0 Meuwissen, Kim From: AI Jaff, Sharmeen Sent: Thursday, March 16, 2006 11:28 AM To: Meuwissen, Kim Subject: Walgreens Kim, Here is the breakdown for Walgreens. The cash escrow that engineering has is for Landscaping. 5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $164,120.00 (Grading $25,000.00, Erosion Control $3,000, Curb & Gutter $14,800.00, Utilities $31,600.00, Asphalt Paving $43,000.00, Landscaping $31,800.00). This amount has been calculated at a rate of 110% of the actual value of improvement. The City will release the security posted for each of the items in accordance with the City Code 0 • CITY OF CHANHASSEN SITE PLAN 05-03 SPECIAL PROVISIONS THIS AGREEMENT (this "Site Plan Agreement") dated January 24, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Net Lease Development LLC, a Delaware limited liability company (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 15,000 square -foot building to house a retail building and pharmacy, with a variance to allow a 70.4% hard surface coverage and reduction in parking (referred to in this Site Plan Agreement as the 'Project"). The land is legally described as Lot 1, Block 1, Crossroads Plaza 2°d Addition, according to the recorded plat thereof on file in Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement and famishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans, as modified in accordance with applicable provisions of the Other Special Conditions set forth in Section 7 hereof (the "plans"); it being agreed that certain of the permits required in such Other Special Conditions may not, in fact, be needed. The plans shall not be attached to this Site Plan Agreement. If the plans vary from the written terms of this Site Plan Agreement, the written terms shall control. The plans are: PlanA: (CLI) Title Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. Plan B: Certificate of Survey dated December 25, 2004, prepared by Semper Development. PlanC: (C1.3) Demolition Plan dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanD: (C1.4) Site Plan, dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanE: (C1.5) Grading/Erosion Plan, dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanF: (C1.6) Utility Plan, dated December 1, 2004, prepared by CEI Engineering Associates, Inc. SP -1 PlanG: (C1.7) Landscaping Plan dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanH: (C1.8) Detail Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanI: (C1.9) Detail Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanJ: (C1.10) Lighting Plan dated December 1, 2004, prepared by Konnerth Sales Associates. PlanK: (C 1.11) Exterior Elevations dated December 1, 2004, prepared by CEI Engineering Associates, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2006. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $164,120.00 (Grading $25,000.00, Erosion Control $3,000, Curb & Gutter $14,800.00, Utilities $31,600.00, Asphalt Paving $43,000.00, Landscaping $31,800.00). This amount has been calculated at a rate of 110% of the actual value of improvement. The City will release the security posted for each of the items in accordance with the City Code. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Ms. Allison F. Kern, Its Vice Manager Net Lease Development LLC 50 South 6`s Street Suite 1480 Minneapolis, MN 55402 Telephone: (612) 313-2500 (612) 313-0126 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On January 24, 2005, the City Council adopted the following motions: "The City Council approves Site Plan 05-03 for a 15,000 square -foot building to house a retail building and pharmacy, with a variance to allow a 70.4% hard surface coverage and reduction in parking, based on the findings of the staff report, and as shown on the plans dated received December 3, 2004, subject to the following conditions: SP -2 0 r] A. Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to final approval. B. Landscape islands shall have a minimum inside width of 10 feet. C. Add the latest City standard detail plate Nos. 5207, 5300, and 5301. D. On the utility plan: - Revise the proposed inverts for catch basin No. 1 to 949.25 and 949.19, respectively. - Label the existing water stub to the site off Market Boulevard as 8" DIP. E. On the grading plan: - Add a benchmark. - Show the proposed storm sewer. - Increase the rock construction entrances to a minimum of 75 -feet in length. - Show the parking lot stall locations and striping. - Show the missing 954 contour elevation along the north side of the property. F. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. G. The applicant must show the location/elevation of an emergency overflow point for catch basin No. 2 that is 1.5 -feet lower than the proposed building elevation. H. Storm sewer sizing calculations will be required at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. I. Sanitary sewer and water hookup charges will be applicable for the new building. The 2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. Since there is an existing building, only hook-up charges for the additional SAC units will be charged. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. J. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. K. Permits from the MPCA, Watershed District and Railroad will be required for the site grading. L. All drive aisle widths within the parking lot must be 26 -feet wide per City Code and the existing driveway aprons must be upgraded to current City standards per Detail Plate No. 5207. SP -3 0 • M. The existing assessment for the recent 2004 Street Overlay Project, totaling $11,436.83 plus interest, must be paid prior to building permit issuance. N. The proposed development shall maintain existing runoff rates and meet NURP water quality standards. O. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water. P. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. Q. Fire Marshal Conditions: A 10 -foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters (pursuant to Chanhassen City Ordinance 9-1). Indicate on utility plans the location of PIV (post indicator valve). Fire Marshal must review and approve. R. Building Official Conditions: - The building is required to be protected by automatic fire extinguishing systems. - The plans must be prepared and signed by design professionals licensed in the State of Minnesota. - A demolition permit must be obtained prior to beginning demolition activities on the site. - The site must be protected with an 8 foot high fence during demolition and construction activities. - Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. - The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. SP -4 S. All rooftop equipment shall be screened. T. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. U. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff, should be provided prior to requesting a sign permit. V. The Planning Commission recommends the withdrawal of approval of Site Plan 92-1 for the Americana Community Bank building, concurrently with the approval of Planning Case 05-3. The applicant shall file the notice of withdrawal against the property at Carver County. W. Allow additional hard surface variance coverage for an additional bench on the southwest comer." 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit "B" and incorporated herein. 9. Withdrawal of Prior Site Plan Review. In compliance with the City Council's Other Special Condition set forth in Section 7 (W) hereof, the City hereby withdraws and terminates that certain City of Chanhassen Site Plan Review dated March 9, 1992, filed June 22, 1992, as Document No. 136673 (Abstract) and as Document No. 73237 (Torrens). SP -5 CITY OF CHANHASSEN (SEAL) ".JV -03 STATE OF MINNESOTA ) Tom Furlong, Mayor Todd Gerhardt, City Manager ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 2005, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: NET LEASE DEVELOPMENT LLC l" STATE OF MINNESOTA ) ( ss COUNTY OF HENNEPIN) Allison F. Kern, Its Vice Manager The foregoing instrument was acknowledged before me this _ day of 2005 by Allison F. Kern, the Vice Manager of Net Lease Development LLC, a Delaware limited liability company, on behalf of the limited liability company. - DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 SP -6 NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) Site Plan Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the Site Plan Agreement has been recorded with the County Recorders and Registrar of Titles' Offices of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. - 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowing materials, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The City shall retain $3,180.00 of the posted security for landscaping for twelve (12) months following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) GC -1 month period, the City shall release the remaining security to Developer within ten (10) business days of request therefore. 7. Responsibility for Costs. A. 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 site plan approval and development. 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. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accnre interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incun-ed by the City, provided the Developer is fust given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Constriction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Site Plan Agreement. GC -2 F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Site Plan Agreement. 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 Site Plan Agreement shall not be a waiver or release. H. Recordine. This Site Plan Agreement shall run with the land�and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this Site Plan Agreement shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. ations. In the development of the property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances, and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. GC -3 M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Site Plan Agreement. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. g:\plan\2005 planning case5\05-03 walgnxns\site plan agreement.dm GC -4 0 CITY OF October 7, 2009 7700 Market Boulevard PO Boz 147 CITY OF CHANHASSEN Chanhassen, MN 55317 Commercial Partners Title, LLC 2310 Coulter Boulevard c/o Wells Fargo Escrow Accout Phone: 952.227.1400 200 S. 6t° Street Administration #1300 Phone: 952.227.1100 Fax:952.227.1110 Minneapolis, MN 55402 Building Inspections Phone: 952.227.1180 Re: Release of Security — Walgreens Fax: 952.227.1190 Land Use Review File No. 04-19/Planning Case File No. 05-03 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Upon review of the project, it appears the project has been completed in general conformance with the site plan. Therefore, we are releasing the remaining Finance security escrow and are now closing our files on this project. Phone: 952.227.1140 Fax: 952.227.1110 Sincerely, Park & Recreation Phone: 952.227.1120 CITY OF CHANHASSEN Fex: 9 11 Recreationation C Centerer 2310 Coulter Boulevard Phone: 952.227.1400 Gordy Stauff Fax: 952.227.1404 Engineering Tech. IV/Construction Manager Planning & GS Js Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Worcs 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www achanhassen.mn.us g:\eng\projects\t-z\walg=ns\releme of security letter 2.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow GS -b3 SCANNED iro Do List 9/1/09 ENG.Oi22 St o6er2 M T W T F 8 M T W T F 2 3 4 1 2 6 7 8 9 10 11 12 4 5 -6 7 8 9 19 *iS 14 15 16 17 18 19 11� 12 13.14 15 16 19 W 21 22 23 24 2526 19 1926 21 22 2321 2128 29 30 - 25' 26 27 28 29 30. 31 310 .__.. _.__. .. ,�P Securities �5 n D e S P Category Descripfion 9 t �.i9 9 1 ini O Securities 0 SECURITY ESCROW RECD 4/25/05 WALGREENS LUR FILE NO. 04-19 PLANNING CASE 05-03 $3,180 (originally $164,120.00) 12/5/05 -Bill did letter sending a check in the amount of $129,140 to leave a balance of $34,980. Check was made out to Commercial Partners Title, LLC (they supplied the security). 2/23/06 - Alyson, status? is 3/15/06 - Per Alyson, hold for another year. is 5/18/06 - Per Jill (see notes in Finance Files), OK to release $31,800 to leave a balance of $3,180 (10%). 3/1/07 - Gordy, status? Per Gordy, check back 6/1/07. is 611/07 - Gordy, status? is 620/07 - Per Gordy, check back in December. is 12/08 - Gordy, status? is 1/16/08 - Gordy, status? Still need to replace dead shrubs. Per Jill - need to replace 8 honeylocust in parking lot and 1 dead tree along Market Blvd. Check back in June, 08. is 6/1/08 - Gordy, status? is 7/14/08 - Gordy, status? Per Gordy, trees and shrubs still not replaced. is 10/1/08 - Gordy, status? Still need trees and shrubs replaced. Check back in 6 months. is 4/16/09 - Gordy, status? is 624/09 - Gordy, I checked with Jill and she said she notified the Walgreens people months ago about what needed to be replaced and it appears that nothing has been done. Please advise. Per Gordy, he too contacted Walgreens headquarters with no response. Jill - we need a list of what plantings need to be replaced and their locations Then I can write a letter about LC draw down to complete the work I see the list below but has anything changed? is 9/3/09 - Gordy/Jill - status? is 10/6/09 - Gordy/Jill, status? The trees have not been replaced, but are growing. 1 think the landscaping is sufficient and that the security can be released. is 0 2009 Lwuz Development cmo. 10819 at 11 M AM s=staws P=Pnurly Pwe 1 CITYI09 CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: COMMERCIAL PARTNERS TITLE LLC Date: 04/25/2005 Time: 2:16pm Receipt Number: DW / 6077 Clerk: DANIELLE WALGREEN LUR 04-19 SECURITY ESCROW ITEM REFERENCE AMOUNT ------------------------------------------- ESCRW WALGREENS LUR 04-19 SEC ESC SECURITY 164,120.00 --------------- Total: 164,120.00 Check 7204 164,120.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! 5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the - - - - rvnnatted: Indent First line: o Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent une : single ("security') for $164,120.00 (Grading $25,000.00, Erosion Control $3,000, Curb & Gutter $14,800.00, Utilities $31,600.00, Asphalt Paving $43,000.00, Landscaping $31,800.00). This amount has been calculated at a rate of 110% of the actual value of improvement. The City will release the security posted for each of the items in accordance with the City Code. 1eAnal ytrcal® i www.pacelabs.com AO e41-t9&t 0 FACE BRICK MOJAVE Mutual Materials ESconce With a Luminous Center Lens Dark Bronze Accent to match FACE BRICK MOJAVE UNA-CLAD Dark Bronze R.08 -E.91 Accent to match FACE BRICK RED VARITONE 79 Street @ Market Blvd Chanhassen MN 11/29/04 FACE BRICK RED VARITONE Mutual Materials f ire Rock Face to match FACE BRICK MOJAVE 0 WN � d�t•t•t•t•■ ■LeLl 11 ■ ■i7��■ ® ILMI\ • Monosson • MINIMUM • �� ■��r.�■ �� among : _'00101111��■�� ■�■■�a�■ OMEN ■®■N ■®■t ■®■■ WES UEKAWN ..... BUILDING FINISH MATERIALS lO FACE BRICK- RED VARRONE- By MUM MATERIALS OR SPAM (DARK) OFACE BRICK- MOJAVE- BY AMIRIAL MATERIALS OR SIMILAR (LIGHT] OIAJACIAD DARK BRONZE R.08 -E.91 OACCENT TO MATCH FACE BRICK RED VARROFE OACCENT TO MATCH FACE BRICK MOAAVE OSTANDING SEAM METAL ROOF: HNA -DIAD DARK BRONZE R.08 -E.91 7O WALGREENS GRAPHIC BEYOND BO METAL DOOR COLOR TO MATCH REDVARRONE BRICK 9O METAL DOOR COLOR TO MATCH MOJAVE BRICK 10 NOT USED 11 WINDOWS-WSKNJ GLASS -FRAME TO MATCH #3 12 SNWDRELL GLASS -FRAME TO MATCH #3 1$ ALUMNHM STOREFRONT SO MACTH #3 14 P.SCONCE WITH A LLMTNOHS CENTER LEM DARK BRONZE 15 ACCENT BRICK FBC EBONY 30D 16 ROCK FACED BLOCK- TO MATCH FACE BRICK MOJAVE - STEEL COHkRS PAINTED TO MATCH ROOF S D L LID. b FOSHAYTOWER 821 MARQlR=E AVENUE MINNEAPOLIS, MN. S5IL82 IMR1..1 L150 AX9Bb242B Q � NQr0 U) Z O I— > J W ry LU C1 JC z �w LU IMA4k ]U 4RCf 1111FC11I0.A Iv�Imr+H FAc I651Hn1n6 TWE REV15KN1 RENDERED ELEVATIONS EPI AILRO A� _ _ • , AUL ArID P ACIFIC R - 11 EE STP i °, ...- • Property LineCHICAGO MI 40 •>• F. FULL ' �•.. : ,req CUT i A r; P r K rlJi It EXISTING PARKING LOT ` 4 �4 JOT I LU i 17 ,4` .-:,' r� :- - U),W# 71" goog/1 googol f 111 1 1 X11111 111 1 X11111 9 jk 9 Hill�� IL _ v CZE -a l 6 �. loss long ■ ni r _ . • ti5- 03 March 18, 2005 CITY OF Dear Ms. Kern: CIIANIIASSEN Net Lease Development LLC iltlnutulo 1� Attn: Ms. Allison F. Kern 7700 Market Boulevard 50 South Sixth Street, Suite 1480 PO Box 147 Chanhassen, MN 55317 Minneapolis, MN 55402 Administration Re: Walgreen Store at the Northwest Corner of the Intersection of Market Phone: 952.227.1 Fax: 952.221.1110 Boulevard and 79th Street West, Chanhassen, Minnesota, legally described as g Y Park a Recreation Lot 1, Block 1, Crossroads Plaza 2"d Addition, Carver County, Minnesota Building Inspections (the "Property") Phone: 952.227.1180 sign and a Variance to permit an increase in hardcover surface and reduction in Fax: 952.221.1190 parking (the "CUP and Variance"). 5. The Developer will not be responsible for constructing any public or off-site improvements in conjunction with development of the Project. ICANNN The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieat place to live, work, and play. Dear Ms. Kern: Engineering PFax:952.227127 1700 Fax: 952.227 1170 In connection with the development of a Walgreen's Store and related improvements P Sre P (the "Project") on the Property by Net Lease Development LLC (the "Developer"), Finance please be advised as of the date of this letter: Phone. 952.227.1140 Fax: 952.227.1110 1. The Property is currently zoned BH (Highway Business) (the "District"). The Park a Recreation Chanhassen City Council has approved Site Plan 05-03 (the 'Site Plan") for the Phone: 952.227.1120 Project, a Conditional Use Permit for the Project to permit the LED monument Fax: 952.227.1110 sign and a Variance to permit an increase in hardcover surface and reduction in Aecrea0on Center 2310 Coulter Boulevard parking (the "CUP and Variance"). Phone: 952.227.1400 Fax: 952.221.1404 2. A Walgreen's Store with general retail uses, including the operation of a 24-hour Planning d prescription pharmacy department with a single drive through facility with Natural Resources canopy is a permitted use in the District. The Walgreen's Store may be operated Phone: 952.227.1130 on a 24-hour, 7 -day a week basis. Fax: 952.227.1110 Public works 3. The City of Chanhassen (the "City") has approved the plans for the Project, 1591 Park Road including the plans listed in Exhibit A attached hereto (collectively, the "Plans"). PFax:952.227.13100 The Plans comply with the city's zoning ordinance specific to the development of Fax: 952.227.1310 the Property. The CUP and Variance are the only variances and conditional use Senior Center permits required for the Project. Provided the Project is constructed in Phone: 952.227.1125 accordance with the Plans and the CUP and Variance, the Project will comply Fax: 952.227.1110 with the city's zoning ordinance. Web site 4. An LED monument sign may be installed on the Property. The building signage www.el.chanhassen.mn.us and logos for the Walgreen building, as shown on the Plans, comply with the sign ordinances of the City. 5. The Developer will not be responsible for constructing any public or off-site improvements in conjunction with development of the Project. ICANNN The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieat place to live, work, and play. 0 0 Net Lease Development LLC March 18, 2005 Page 2 6. The city approved withdrawal of approval of Site Plan 92-1 for the Americana Community Bank building, concurrently with the approval of Planning Case 05-3. The applicant shall file the notice of withdrawal against the property at Carver County. 7. City sanitary sewer, storm sewer and water services are available to the Property. 8. There are no contemplated condemnation, right-of-way takings or other street improvements or widening affecting the Property or the streets adjacent thereto. The Property legally described as Lot 1, Block 1, Crossroads Plaza 2°d Addition, located in Chanhassen, Carver County, is shown on the attached Flood Insurance Rate Map. The flood zone is also reflected on this map. 10. This letter may be relied upon by the Developer, together with the following, and their successors and assigns: Walgreen Co. 200 Wilmot Road Deerfield, IL 60015 Semper Development, Ltd. 821 Marquette Avenue South, Suite 600 Minneapolis, MN 55402 Lawyers Title Insurance Corporation c/o Commercial Partners Title, LLC 200 South 6d' Street, Suite 1300 Minneapolis, MN 55402 M&I Marshall & Ilsley Bank 651 Nicollet Mall Minneapolis, MN 55402 If you have any questions, please feel free to contact me at (952) 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. Sincerely, J Sharmeen AI-Jaff Senior Planner Enclosure g:%plan\2005 planning c %05-03 walgree° Vwing letta.doc f ONAL FLOOD NUANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP CITY OF CHANHASSEN, MINNESOTA CARVER COUNTY PANEL 5 OF 10 ;i I COMMUNITY -PANEL NUMBER Al 210051 0005 B EFFECTIVElAATE: I� g JULY 2, 1979t li U.S. DEPARTMENT OF HOUSING,' I AND URBAN DEVELOPMENT FEDERAL INSURANCE ADMINISTRq/ I I7 906 II \\ X X �x� X g RAILRAD B gpOED RIDGE IRM NE Al ZONE B' ZONE C EB 0 RMI �W a f � I� D_ Q U I F #IE C I I DAKOTA I AVENUE I II V/M DAKOTA LANi11 ERIE CIRCLE I RM1 1 RM13x ZONE C I 0 I I 1 l CITY OF CHANHASSEN • 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: SEMPER DEVELOPMENT LTD Date: 04/11/2005 Time: 3:06pm Receipt Number: DW / 6030 Clerk: DANIELLE GIS LIST 05-03 WALGREENS ITEM REFERENCE ------------------------------------------- AMOUNT GIS GIS LIST 05-03 WALGREENS GIS LIST 30.00 Total: Check 9699 --------------- 30.00 30.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! •CANNED 0 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter 0 05-03 LETTER OF TRANSMITTAL 3/30/05 Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 12/13/04 04-39 Variance 04-39 Wilder 1 12/7/04 04-42 Variance 04-42 Berland 1 1/24/05 05-03 Conditional Use Permit 05-03 (Walgreens) 1 2/28/05 05-07 Wetland Alteration Permit 05-07 Carver County) 1 3/15/05 05-09 Variance 05-09 Carlson 1 3/28/05 Grant of Nonexclusive Permanent Easement (Sinclair Oil Corporation THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED: Kim Meu sen, 2) 227-1107 H enclosures are not as noted, kindly notify us at once. SCANNED E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #05-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: For the LED display within a monument ground low -profile sign in a Highway Business District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Crossroads Plaza 2°d Addition. 3. Conditions. The permit is issued for the construction of a LED display within monument ground low -profile sign and as shown on the plans dated received December 3, 2004. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: January 24, 2005 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) E CITY OF CHANHASSEN BY: Tom Furlong, Mayor AND: T d Gerhardt, City Manager The foregoing instrument was acknowledged before me thisZyday of / Y2005, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. N PUBLIIC City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplant2005 planning casest05-03 walgre scup ageemmt.dM City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 9ff OF (952) 227-1100 To: Semper Development, Ltd. 832 Marquette Ave. So., Suite 600 Minneapolis, MN 55402 Ship To: 0 Invoice SALESPERSON DATE TERMS KTM 2/23/04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 10 Property Owners List within 500' of 7951 Market Blvd -Walgreens (10 S3.00 530.00 labels) TOTAL DUE $30.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-03 — Walgreens. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAp1=Vo=\invoicc-gis.doc SCANNED Building Inspections Re: Invoice for Property Owners List — THIRD NOTICE Phone: 952.227.1180 Walgreens —Planning Case No. 05-03 Fax: 952 227.1190 Engineering Dear Mr. Kohler: Phone: 952.227.1160 Fax: 952.227.1170 Attached is a past due invoice for the property owners list for your Site Plan Finance Review for Walgreens in Chanhassen. As stated on your development review Phone: 952.227.1140 application (attached), mailing labels of all property owners within at least 500 Fax:952.227.1110 feet of the boundaries of the property must be included with the application OR the City can provide this list for an additional fee to be invoiced to the applicant. Park A Recreation Please remit payment as soon as possible. Phone: 952.227.1120 P Y Fax: 952227.1110 Recreation Center If you have any questions, feel free to contact me at 952-227-1107 or by email at 2310 Coulter Boulevard kmeuwissen@ci.chanhassen.mn.us. Phone: 952.227.1400 Fax: 952.227.1404 Sincerely, Planning 1t Natural Besontees Phone: 952.227.1130 Fax. 952.227. 1110 Public works Kim T. Meuwissen 1591 Park Road Planning Secretary Phone: 952.227.1300 n g Y Fax: 952.227.1310 KTM:ms Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Encs. Web She www.ci.chanhassen.maus c: Sharmeen Al-Jaff, Senior Planner gAplan\2005 planning cases\05-03 walgreens\invoice lenendoc The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A gNt place to live, work, and play. March 3, 2005 CITY OF CHANIIASSEN 7700 Market Boulevard PO Box 147 Mr. John Kohler Chanhassen, MN 55317 Semper Development, Ltd. Administration 832 Marquette Avenue South, Suite 600 Phone: 952.227.1100 Minneapolis, MN 55402 Fax: 952.227.1110 Building Inspections Re: Invoice for Property Owners List — THIRD NOTICE Phone: 952.227.1180 Walgreens —Planning Case No. 05-03 Fax: 952 227.1190 Engineering Dear Mr. Kohler: Phone: 952.227.1160 Fax: 952.227.1170 Attached is a past due invoice for the property owners list for your Site Plan Finance Review for Walgreens in Chanhassen. As stated on your development review Phone: 952.227.1140 application (attached), mailing labels of all property owners within at least 500 Fax:952.227.1110 feet of the boundaries of the property must be included with the application OR the City can provide this list for an additional fee to be invoiced to the applicant. Park A Recreation Please remit payment as soon as possible. Phone: 952.227.1120 P Y Fax: 952227.1110 Recreation Center If you have any questions, feel free to contact me at 952-227-1107 or by email at 2310 Coulter Boulevard kmeuwissen@ci.chanhassen.mn.us. Phone: 952.227.1400 Fax: 952.227.1404 Sincerely, Planning 1t Natural Besontees Phone: 952.227.1130 Fax. 952.227. 1110 Public works Kim T. Meuwissen 1591 Park Road Planning Secretary Phone: 952.227.1300 n g Y Fax: 952.227.1310 KTM:ms Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Encs. Web She www.ci.chanhassen.maus c: Sharmeen Al-Jaff, Senior Planner gAplan\2005 planning cases\05-03 walgreens\invoice lenendoc The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A gNt place to live, work, and play. 0 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My of (952) 227-1100 To: Semper Development, Ltd. 832 Marquette Ave. So., Suite 600 Minneapolis, MN 55402 Invoice SALESPERSON DATE TERMS KTM 12/23/04 upon receipt QUANTITY I DESCRIPTION UNIT PRICE AMOUNT 10 Property Owners List within 500' of 7951 Market Blvd. -Walgreens (10 $3.00 $30.00 labels) z = TOTAL DUE Make all checks payable to: City of Chanhassen Please write the followingcode on your check: Planning Case #05-03 — Walgreens. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAplan\fo invoice-gis.doc $30.00 •• as �3 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CITY OF CHANHASSEN CHANHASSEN, MN 55317 RECEIVED (952)227-11 DO DEC 3 2004 DEVELOPMENT REVIEW APPLICATION APPLICANT: Semper Development, Ltd. OWNER: Robert Dittrich CHANHASSEN PLANNING DEPT Americana Bank ADDRESS: 821 Marquette Avenue South, Suite 60QDDRESS:2110 North Broadway Minneapolis, Minnesota 55402 TELEPHONE (Day Time) 612-332-1500 New Ulm, Minnesota 56073 TELEPHONE: 507-359-2650 Comprehensive Plan Amendment Temporary Sales Permit _ Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign _X,_ Site Plan Review- X Escrow for Filing Fees/Attorney Cost' - $50 CUP/SPRNACNARM/AP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 aff OF (952) 227-1100 To: Semper Development, Ltd. 832 Marquette Ave. So., Suite 600 Minneapolis, MN 55402 Ship To: 9 Invoice SALESPERSON DATE TERMS KTM 12/23/04 upon receipt 10 Property Owners List within 500' of 7951 Market Blvd. -Walgreens (10 labels) TOTAL DUE Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-03 — Walgreens. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAplan\f l \invoice-gis.doc $3.00 1 $30.00 $30.00 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My OF (952) 227-1100 MMSEB To: Semper Development, Ltd. 832 Marquette Ave. So., Suite 600 Minneapolis, MN 55402 Ship To: Invoice SALESPERSON DATE TERMS KTM 12/23/04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 10 Property Owners List within 500' of 7951 Market Blvd. -Walgreens (10 $3.00 labels) $30.00 TOTAL DUE $30.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-03 — Walgreens. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! &Vlan\fw \invoice-gis.doc Public Hearing Notification Area (500 feet) Walgreens 7951 Market Boulevard Planning Case No. 05-03 a m Chan View (W Sq w�St Picha m cracnOO . M... v m Subject Property �a 4P `/ei°' ��9th St Bo J\B�atd 0o1ewo i State Hwy `' P q a Lake Drive $ r; Pond Promenad � a 0 d Cir m •o m� i a BLOOMBERG COMPANIES INC TOM -DON REAL ESTATE HOLDINGS MARKET SQUARE ASSOC LTD PO BOX 730 C/O DONALD M GUILLETT PTRSHP CHANHASSEN MN 55317 13679 DUNBAR WAY 200 HWY 13 W APPLE VALLEY MN 55124 BURNSVILLE MN 55337 NORTHCOTT COMPANY 250 EAST LAKE DR CHANHASSEN MN 55317 CHANHASSEN PROPERTIES LLC 570 MARKET ST PO BOX 514 CHANHASSEN MN 55317 APPLE AMERICAN LP (APPLEBEE'S) C/O CBIZ PTS INC PO BOX 06139 CHICAGO IL 60606 MC CROSSROAD PROPERTIES LLC 40 SUNNYSIDE LN SUNFISH LAKE MN 55118 79TH STREET CENTER PARTNERSHIP 684 EXCELSIOR BLVD EXCELSIOR MN 55331 MARKET STREET STATION LLC 4210 W OLD SHAKOPEE RD BLOOMINGTON MN 55437 ROBERT DITTRICH 826 BROADWAY N PO BOX 755 NEW ULM MN 56073 SEMPER DEVELOPMENT, LTD • • (-)'5 -0 9699 City of Chanhassen 3/12/2005 Date Type Reference Original Amt. Balance Due Discount Payment 12/23/2004 Bill 05-03 walgreens 30.00 30.00 30.00 Check Amount 30.00 W 8,04D R 0 5 2005 co Of CNAt4",ig'so VOYAGER BANK - OPF. 10.00 City Council Meeting — January 24, 2005 0 MnDot to allow that to working, but with this being just conceptual, you know that gives staff the time and the energy and resources to work with the developer on it. It comes back to us for preliminary and I do like it. Mayor Furlong: Okay, thank you. I think comments were well made. Overall I think it's a good concept. It's nice to see the variety in a mixed use development like this. The access up along Lake Susan Drive is going to be an issue as Councilman Labatt said, not just for this property owner but for the property owner to the north as well, and I know staff is aware of that. The owner there spoke at the public hearing and that issue has to be taken care of. Again, I think it's going to add some services. Some business neighborhood services to this part of town. I think as Councilwoman Tjornhom said, you know as a PUD we get a chance to really make sure it gets done right and I think that's what everybody would be looking for here so this really adds to the quality of our city which I think it has a great potential to do that and there's a lot of work to do but I'm in favor of, from a concept standpoint, of moving forward. That might mean that some things get moved around if Councilman Lundquist's comment about traffic with apartments up there is bad, then we need to do some shifting and such to make things work but ultimately it's got to work for this property owner as well as neighboring property owners as well. And I'm confident that we'll be able to get that done, so I would support it from a concept standpoint. Any other comments? If not, is there a motion? Councilman Lundquist: I'd move that the City Council approve the concept PUD with the recommendations as outlined in the staff report. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve the concept PUD, Planning Case 05-01 with the recommendations outlined in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR SITE PLAN APPROVAL WITH VARIANCES FOR THE CONSTRUCTION OF A RETAIL BUILDING AND A CONDITIONAL USE PERMIT WALGREENS: SEMPER DEVELOPMENT, LTD AND ROBERT DITTRICH, PLANNING CASE 05-03. Public Present: Name Address Neil Tessler CEI Engineering 18 se"two 0 City Council Meeting — January 24, 2005 John Kohler Allen W. Obemolte Robert Dittrich 0 821 Marquette Avenue #600, Minneapolis 106 Tanager Road, Mankato 106 Tanager Road, Mankato Kate Aanenson: Thank you. As you indicated, Walgreen's is going for a site plan review with variances and a conditional use for a reader sign. The subject site is located on West 79th and Market Boulevard. As you stated, the existing Americana Bank is. Sharmeen Al-Jaff on our staff has worked with Walgreen's over the last few months to really get a high quality design. The bank itself is two stories. The Planning Commission struggled a little bit with the size of the footprint of this building. While it's one story compared to the two stories, there is office space in the existing bank building that is leased because the existing footprint is 5 so it's really closer to 10,000 square feet. And this is 15 so it's obviously a bigger footprint. The request for the variance is driven by the fact that the impervious surface ... is a little bit lower impervious district. 65 percent so the direction the staff took on that was to get a higher quality design so we'll go through that in a minute but we believe that it was pretty, worked really well with the applicants to get what we believe is a superior design look to the building. Again the Planning Commission heard this, through a public hearing on January 4`s. Did recommend approval 5-0. There was two areas that the Planning Commission discussed that the staff had a different perspective on and one was the drive through window. Walgreen's does have a drive through window. The existing bank does. There is traffic that comes through off of Market Boulevard that's allowed to cut through. There is a shared parking agreement with the Applebee's, Tires Plus and Chipotle, kind of a shared parking. We believe it makes sense to continue to allow that. There was a traffic study that was done on that that said there's two ways to approach it. One you can mark it one way, or observe it for a while. Obviously Walgreen's choice is to have someone come in, as opposed to go through the drive through and capture that customer in a better method, and actually the drive through on this is significantly lower so our recommendation is that we continue to monitor it for a while and if it presents itself as a problem, which we don't anticipate, then we could mark it one way. The Planning Commission also kind of went beyond what we had recommended for impervious surface because they felt was appropriate to actually put a bench out front and I'll go through the location on that. So with that, again as I, a little over an acre and a half. 15,000 square foot building. Materials are shown on here. It's a brick building. Again we had them put windows all the way down. If you look at some of the other surrounding communities, the windows are really kind of shoulder above high. We had them put windows all the way down so it really has that curb appeal all the way around the building. Again we think that makes for a superior look. One of the other things that we had them do is all the trash is inside the building, so again that added to kind of the footprint of the building was another reason we felt was a reason for granting the impervious surface requirement. This is the front door which actually doesn't face Market but actually faces kind of the Applebee's, West 79"' Street. Again we think that has really nice curb appeal. This is the back side. This is the drive through window. Again, based on the traffic counts, pretty low turn out. This is the reader board that asks for the conditional use on. The way our ordinance is set up is that you have to get a conditional use. We think it's appropriate. One of the things that they said that they'd like to use it for also is the Amber Alert. It's another cuing thing so we did put findings in there for the conditional use and we are recommending approval of that. Councilman Lundquist: Is that Market Boulevard right in front of there then? 19 03MA" City Council Meeting — January 24, 2005 • Kate Aanenson: Yes it is. Yeah ... let me go back to the trash enclosure... Here we go. That's the trash enclosure slide, so we have spando windows, so yeah. Again this is a much superior building because we have the 3, 2 corners, significant corners coming in to make, to get to the downtown so I mean, we're really pleased with the way the applicant worked with the staff to get a nice design and kind of that compromise for the variance requirement. So with that we do have conditions of approval for the variance, the conditional use and the site plan approval. Councilman Labatt: Did you want to talk about that bench? Kate Aanenson: Yeah, the bench I just mentioned briefly. This one right here. It'd be out in this area here. On the site plan. That's the main entrance so the Planning Commission wanted that, so that would add additional impervious surface. Mayor Furlong: Just a quick question. What's the incremental increase? Kate Aanenson: I knew you were going to ask me that. Matt Saam:... is 5 percent. So it's. Mayor Furlong: Wait a minute. 5 percent of the impervious surface? How many square feet? Applicant: For the bench? Oh I mean it's, I thought you meant the whole. The incremental difference is almost is, I mean yeah. .00 something. Of 1,000 square feet it's probably 12. Mayor Furlong: Thank you. Kate Aanenson: So the plan that you saw, the first site plan there was additional requirements for landscaping. Those have all been modified. The plan they just showed so it does meet all the requirements. Mayor Furlong: Alright. Any questions for staff? Councilman Lundquist: Kate question on the condition about the drive aisle and one way, two way, monitor. If it's monitored, who's going to monitor it? How you going to determine if it's a problem or not? How long are you going to monitor it? When are you going to say whether something needs to be done or not and how do we make this so it's not 25 years from now somebody decides this is an issue? Kate Aanenson: Well I think a lot of what we have to do is complaint driven. I think Walgreen's as the owner of the property is the first one to complain. If they're having problems. They've indicated to us that they have similar situations where they have a Wal Mart next to a Walgreen's, is that correct? Yeah, and it works fine so they're comfortable with it. We wouldn't want to force them to have something that would be a detriment to them. We think it'd be a lot of two ways in and out of something that's to the positive so. 20 0 0 City Council Meeting — January 24, 2005 Councilman Lundquist: And I'm not against it. I just don't, it seems like something that has the potential to you know. Kate Aanenson: People are using it that way now. I guess that's part of it. We're not changing something so that to me would have been the concern. We're not re -cuing people. That's how it's functioning today. People are used to using that as an alternative to get back to those businesses, especially in sometimes a busy, busy lunch hour rush. People take that cut through to get to Applebee's. Dinner Theater, movie, whatever, so they're used to being cued that way so we felt leaving it that way wouldn't be a problem. Obviously Walgreen's as a tenant would be the first one to complain about it. Councilman Lundquist: Realistically if you were going to make it a one way, I mean. Kate Aanenson: It has to come out. Out, yeah. Councilman Lundquist: Yeah, but then all you're going to do is put a sign up there and. Kate Aanenson: Do not enter. One way. Councilman Lundquist: Right, and people are going to drive there anyway. Mayor Furlong: Because they go over the curb? I mean what's with it? Kate Aanenson: Yeah, well that's kind of what we're saying. People are cued to using it that way and as long as they actually have less drive through traffic. The only concern was, because... the site plan's laid out. If you look at how it's laid out. Going through the drive through. It's just the sight line as you bump out here so there is two way traffic. If someone... it's tight. That's the only place it's a problem. You have plenty of sight distance through here. Mayor Furlong: But that's the situation now. Kate Aanenson: Correct. Councilman Lundquist: But you're going to put a sign up there on a piece of private property that says one way, and. Kate Aanenson: They would be enforcing it, correct. Councilman Lundquist: Right, but realistically people are just going to drive there anyway. Mayor Furlong: Question. Yeah, questions? I have a question Kate. We'll get to you in just a minute sir. Is there a public interest for having that a two way route because of the cross parking easements and the access to the other businesses nearby? Kate Aanenson: That's the staffs position that it is kind of in the public interest. You know we always try to tie properties together. I'll give you a similar example, if you look at Byerly's. We 21 0 0 City Council Meeting — January 24, 2005 tied TCF, Office Max so you don't have to get back onto a public street. Wait through a line. If you want to go from one to the other, same as we did M&I Bank is also tied to Richfield. If you want to go back, so you don't always have to get onto a public street you know for those kind of, those convenience kind of things so we saw this really as a convenience. We don't want to do anything to the detriment of Walgreen's but we believe people are patterned to go that way and it's not hurting anything. It's not the majority of the traffic but it does provide that alternative. Mayor Furlong: I guess one of my questions, following up on Councilman Lundquist's question. If there isn't even a public interest to making sure that's two way, then should we be dictating traffic flow on a private property, and I don't know if that's where you were going or not but that's part of my question. You know if we were silent on it, in terms of the conditions, then if it became a problem we couldn't, and the property wanted to just go one way, is there a public interest for us having that condition there? Kate Aanenson: I'd leave that to the City Attorney because we've had these discussions before about can you force somebody to have an access. I don't believe you can force them to combine onto a commercial piece but most people that we've worked with want that relationship, and because of the shared parking. Again they're comfortable with it. The applicant or we wouldn't be forcing the issue. That's how it's functioning today so. They'd be the one to enforce it. Mayor Furlong: Okay. Kate Aanenson: Because you're right. Could we remain silent on it and leave it that way? Sure. I believe that's something that may be more... Mayor Furlong: By having it in the condition as staff is recommending, or as the Planning Commission recommended, then the property owner would have to come to the City to get a change either way. If it's silent, then they could monitor it themselves. Is that correct? Kate Aanenson: Sure. Roger Knutson: Yes. Mayor Furlong: So it's a question whether we want to have some say in what happens. If they come out and say we really want this one way, but we believe there's a public interest to keeping it two way, we're not necessarily, I'm having trouble believing that the property owner would put an unsafe traffic flow through their property but. I guess that's my question. Kate Aanenson: Sure, leaving it silent would be a solution, certainly. Mayor Furlong: Okay. Alright. Other questions for staff? Councilwoman Tjomhom: I have a question, or at least a comment. Well I don't know, question/comment about the shared parking agreement. That area is so compressed the way it is. Who's going to monitor that as far as you know, if Applebee's all of a sudden has a rush and 0A 0 City Council Meeting — January 24, 2005 they're in Walgreen's and Walgreen's customers are trying to park and, oh I think he's got it. He's got an answer. Kate Aanenson: Well it's functioning today that way with all the uses that are at the bank which probably has more uses at the bank than Walgreen's would at any peak time because of the office that's rented there so. They obviously want to protect their interest and provide as much parking as they need, and the other uses there are bound to what they have in place right now because they don't have expansion capabilities but it functions based on peak hours. That they would use them. Todd Gerhardt: They've all entered into private contracts for parking amongst each other so it's up to them if they have issues to go through the proper channels in enforcing that so it's a private matter. We encouraged it and they've agreed to that through a private contract between the two parties. Or in this case 5 parties. Mayor Furlong: Other questions? Back tracking to the two way traffic. Was there any condition with the plan that went through for the existing property. The existing building with regard to... Kate Aanenson: ... you know it probably was silent. Mayor Furlong: It was silent? Kate Aanenson: It probably was. We had to cross through between the businesses and they had the shared parking but when this project came forward we actually did a traffic study and that was a finding that came up in that. Mayor Furlong: Of the traffic study with the two options. Did the traffic study recommend an option or did they just present the two? Kate Aanenson: No, it said one way or to monitor it. You know it said either could work. Mayor Furlong: Alright. Okay, any other questions for staff at this point? If not, I see the applicant is here. If you'd like to come forward. Be happy to listen to your comments. John Kohler: My name's John Kohler. I'm an architect with Semper Development. To address your question on the parking. What we've worked out is there are some very specific spaces and those would be these spaces right here that are to be shared with Applebee's. So and Walgreen's feels that the remainder of parking, which is the closest to their front door is more than adequate in those time periods where it is shared, and it's not a 24 hour day basis. Applebee's is allowed to use those on weekends and then on later hours in the evening, I believe after 5:00 so it's not a constant. And in the meantime Walgreen's is allowed to use some parking over here although I don't think they'll ever get to a point where they need it. Councilwoman Tjornhom: Will this Walgreen's be a 24 hours? 23 0 0 City Council Meeting — January 24, 2005 John Kohler: It is not set now to be a 24 hour but you know, there's always, it's always possible. They do have 1 in 12 stores are 24 hours. Councilwoman Tjornhom: Do we have a 24 hour pharmacy in Chanhassen? Councilman Labatt: No. The nearest one is 7 and Blake. Kate Aanenson: St. Louis Park. Councilman Labatt: 7 and Blake. Councilman Lundquist: Isn't there one at Eden Prairie Road and Highway 5? Councilman Labatt: I don't think that's 24 hours anymore. I've made some midnight runs there, I know. And I use the drive through window. Mayor Furlong: At 2:00 in the morning? Councilman Labatt: There has been. John Kohler: I'd be happy to answer any other questions you have. Mayor Furlong: Any other questions? No? Thank you. Ahight, bring it back to council for discussion, unless there are follow-up questions with staff. Councilman Labatt: It certainly would be a nice addition to the downtown area. Speaking in the past. It will be. I think you get where I'm going. While it's Americana Bank will be relocated in the city, they're not moving out, it is good to see kind of an upgrade to that corner. It's a high visibility corner and it will be nice to have it right there. Mayor Furlong: Okay. Other thoughts. Comments. If any. My concern when I first heard that this was in the works, we've got a nice looking building, the Americana Bank building and because of the proximity and the entryway into our downtown, my concern was that we might go down in terms of building quality and I don't think we have. Nothing to the detriment of the Americana Bank building but this is a nice building as well and especially relative to our relative basis so I commend the architect and staff for working together to create a nice building that the City can be proud of and again a good service for our citizens as well. If there's no other comments, is there. Councilman Labatt: Can we just talk about 24 quick, and I think you want to remain silent on it. Is that, assuming to be a deletion of 24? Mayor Furlong: For my personally. If the council thinks there's a need for the city to be informed, if they ever want to go to a one way, we keep it in. I don't know that we need to do that unless staff is telling us that they'd like to have a hand in that. My sense is that if there are problems there, that the property owner will take steps to make sure that their customers are safe 24 0 0 City Council Meeting — January 24, 2005 in terms of traffic through signage or making sure sight lines are visible, so being silent on it, that's the way it's working right now with the bank. I'm not aware of any problems. I haven't heard of any and I'm sure that the property owner, the business owner can monitor it. If we want to stay silent, I'd be comfortable with that. Unless there's a sense that we want to be informed if they ever want to change it to one way to make sure there's access going through. That would be the only reason I'd say to keep it in there because there is access through but West 78m is so close, or 79`s excuse me. So close, I don't know that we need that so I would defer to fellow council members if they want to keep it in there, but otherwise I'd say just take it out. Councilman Labatt: I'm okay with the deletion of it. Mayor Furlong: Okay, other comments? That's fine. Somebody want to make a motion then. Councilman Labatt: Well I would move that we approve Site Plan 05-3 for 15,000 square foot building to house a retail building and pharmacy with a variance to allow 70.4% hard surface coverage and reduction in parking based upon the findings of fact in the staff report, subject to the following conditions 1 through 23. The deletion of number 24 and keeping 25 as is. Mayor Furlong: Okay. Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion? Nothing on that bench? Councilman Labatt: Good place to rest Tom. Mayor Furlong: Good place to rest and we're going to give them the hard surface cover. I think that's a good addition. If there's no other discussion, is there, proceed with the motion. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Site Plan #05-3 for a 15,000 square foot building to house a retail building and pharmacy, with a variance to allow a 70.4% hard surface coverage and reduction in parking, based on the findings of the staff report, and as shown on the plans dated received December 3, 2004, subject to the following conditions: Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to final approval. 2. Landscape islands shall have a minimum inside width of 10 feet. Add the latest City standard detail plate Nos. 5207, 5300, and 5301. 4. On the utility plan: a. Revise the proposed inverts for catch basin No. 1 to 949.25 and 949.19, respectively. b. Label the existing water stub to the site off Market Boulevard as 8" DIP. 25 0 0 City Council Meeting — January 24, 2005 On the grading plan: a. Add a benchmark. b. Show the proposed storm sewer. c. Increase the rock construction entrances to a minimum of 75 -feet in length. d. Show the parking lot stall locations and striping. e. Show the missing 954 contour elevation along the north side of the property. 6. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. The applicant must show the location/elevation of an emergency overflow point for catch basin No. 2 that is 1.5 -feet lower than the proposed building elevation. 8. Storm sewer sizing calculations will be required at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. 9. Sanitary sewer and water hookup charges will be applicable for the new building. The 2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. Since there is an existing building, only hook-up charges for the additional SAC units will be charged. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. 10. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 11. Permits from the MPCA, Watershed District and Railroad will be required for the site grading. 12. All drive aisle widths within the parking lot must be 26 -feet wide per City Code and the existing driveway aprons must be upgraded to current City standards per Detail Plate No. 5207. 13. The existing assessment for the recent 2004 Street Overlay Project, totaling $11,436.83 plus interest, must be paid prior to building permit issuance. 14. The proposed development shall maintain existing runoff rates and meet NURP water quality standards. 15. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: KI • City Council Meeting — January 24, 2005 Tempe of Sloe Steeper than 3:1 10:1 to 3:1 C1 Time (Maximum time an area can 7 days remain open when the area 14 days is not actively being worked.) Flatter than 10:121 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water. 16. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. 18. Fire Marshal Conditions a. A 10 -foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters (pursuant to Chanhassen City Ordinance 9-1). b. Indicate on utility plans the location of PIV (post indicator valve). Fire Marshal must review and approve. 19. Building Official Conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. A demolition permit must be obtained prior to beginning demolition activities on the site. d. The site must be protected with an 8 foot high fence during demolition and construction activities. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 20. All rooftop equipment shall be screened. 21. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. old 0 0 City Council Meeting — January 24, 2005 22. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff, should be provided prior to requesting a sign permit. 23. The Planning Commission recommends the withdrawal of approval of Site Plan 92-1 for the Americana Community Bank building, concurrently with the approval of Planning Case 05- 3. The applicant shall file the notice of withdrawal against the property at Carver County." 24. Allow additional hard surface variance coverage for an additional bench on the southwest corner. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: There's also a conditional use permit. Councilman Labatt: And I'll also move that we approve Conditional Use Permit 05-03 for an LID display with, in a monument ground low profile sign. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. All those, or any discussion on that motion? Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Conditional Use Permit #05-03 for the LED display within a monument ground low profile sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson: Kate, can you quickly just share what, and I think I was part of this but the LED. The LED as a conditional use. It seems like a lot of work for a slam dunk. Nothing regarding you guys. Kate Aanenson: You know it came up on the Legion one. Sometimes it's like it can be a nuisance. I think the things we're trying to regulate, and maybe we can build it into the ordinance if you have to look at is color. Frequency of flashing. Roger Knutson: Illumination. Kate Aanenson: Yeah, some of those kind of things can be a nuisance so if we can build that in and make it prescriptive, instead of trying to always make it a conditional use. Councilman Peterson: Yeah, I mean it just seems like more work for you guys... Kate Aanenson: Yeah, and you know sometimes in a neighborhood it can be, you know depending on the location. Certainly in this location, it's in the core of downtown. It makes W 0 0 City Council Meeting — January 24, 2005 more sense. But I think we looked at some on 5, sometimes it an issue for traffic and distractions but yeah, we can look at making it more prescriptive. Councilman Peterson: Well it's up to you. Your discretion but it just, it seems like it's a lot more work than it's worth. Kate Aanenson: If it's tied in with the project, it always makes it easier too. Kind of one notice. One thing. When it comes in separately. Mayor Furlong: Alright, thank you. Moving on with our agenda. APPOINTMENT TO THE PLANNING COMMISSION. Mayor Furlong: On Monday, January 10th the City Council interviewed 4 of the 5 applicants for 2 vacancies on the Planning Commission. Jerry McDonald was selected to complete the term that expires in April, 2007 and he was appointed by council action at our previous meeting. The Council wanted to interview the remaining applicant before a final selection on the other vacancy. This evening the council met with Debra Larson who was interviewed and it was the determination from the council at that time to appoint Debra Larson to the term that expires in March of 2006. So it will be one year. Fulfilling the vacancy at this point so I would ask from the council a motion for such an appointment. Councilman Lundquist: Motion to appoint Debra Larson to the one year term which expires in 2006. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on that? Councilman Lundquist moved, Councilwoman Tjornhom seconded to appoint Debra Larson to a one year term as Planning Commissioner which will expire March, 2006. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: I'd like to thank everybody that did express an interest in the Planning Commission. Just by work of information, we will have vacancies I believe on all of our commissions, Planning, Park and Rec, Environmental and Senior Commission most likely those terms are expiring at the end of March of this year so just in a couple months. Do we know Mr. Miller or Mr. Gerhardt when applications for the various commissions, when we're going to be soliciting those? Probably in the next couple weeks. Kate Aanenson: That's correct. Mayor Furlong: And looking for people to get their applications in probably by the middle of February, so if people are interested, check the city web site. Call city hall. They can put you in FT, 40 a %/ 1. /O/! 3a.- BUILDING : BUILDING 0ffii DETAIL W/GL DIST RECEIPT REPORT Date: 07/26/05 FROM 00/00/0000 TO 07/26/2005 Time: 10:O1am City of Chanhassen Page: 1 ---------------------------------------------------------------------------------------------------------------------------------------------------- Receipt 4 Drawer Past Date User Name Notes Customer Name Change Receipt Total Stat ---------------------------------------------------------------------------------------------------------------------------------------------------- 6077 DW 04/25/2005 DANIELLE WALGREEN LUR 04-19 SBCORITY ESCROW COMKERCIAL PARTNERS TITLE LLC 0.00 164,120.00 W Receipt Type: ESCRW : WALGREENS LUR 04-19 SEC ESC Line Amount 164,120.00 GL Note: SECURITY GL Number: 815-8221-2024 Bank Code: CHA Amount: 164,120.00 -------------- Receipt Total 164,120.00 Tender Information: Amount Code Description Reference 164,120.00 E Check 7204 -------------- 164,120.00 Total Tendered 0.00 Change 164,120.00 Receipt Total ------------------------- Cash Drawer DW Subtotal: 164,120.00 Grand Total (excl. voids): 164,120.00 RPR -20-2005 QA1H11I SClNII��1�I�OpcF C1p EN 7700 Market Boulevard PO Box 147 C<enhacsen, MN 55317 16 32 COMMERCIAL PARTNERS TITLE March 25, 2005 Ms. Sharon Ruane Commercial Partners Title LLC 200 South Sixth Street Suite 1300 Minneapolis, MN 55402 6123372471 P.02 r Ior"11 n 1, �I Re: Escrow Instructions — Site Plan 05-03 Walgreens at 79`h Street West & Market Blvd. — Chanhassen, MN Administration 'toe: 952,227 1100 Dear MS. Ruane: Fax 95Z227 1110 Building Inspections In connection with the development of the above -referenced property, enclosed PFax:952,2227190 please find three (3) original "Site Plan 05-03" executed by the City of Fax: X52227.1190 Chanhassen. Engineering Phone', 952.227.1160 At such time as you have: Fax: 952.227.1170 Finance 1. Obtained counterpart signatures to the document by the applicant, Net Lease Phone: 952.227.1140 Development LLC; and Far, 9522271110 Part eecreaben 2. Collected cash funds in the amount of $164,120.00 (the "Surety") payable to Franc: 952227,1120 City of Chanhassen, Fax 952227.1110 RecreultCenter you are authorized and directed to (i) remit the Surety to the City of Chanhassen, 2310 Coulterer Boulevard Phone: 952227.1400 and (ii) record the Site Plan in the offices of the Carver County, Minnesota, Far: 952 227 1404 Recorder and Registrar of Titles. Planning & Natural Resources g our execution of this letter, you agree to comply with the instructions Y Y gr P Y Phone: 952.227,1 !30 contained herein. Fax 952.227.1110 Public Works Sincerely, 1591 Park Road Phone: 952227.1300 CITY OF CHANHASSEN Fax 952727.1310 p Senior Center Phone: 952.227.1125 Todd Gerhardt Fax 952 227.1110 City Manager Web site AGREED AND ACCEPTED BY: www ci.0anhassen.mn.us COMMERCIAL PARTNERS TITLE, LLC By^-'�—� Sharon Ruane, Its Escrow Officer g:lplan�2005 planning cnses\05.03 walgremskscrow-dim The Clty oliChanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautilul parks. A gnat place to live, work, and play. TOTAL P.02 RPR -20-2005 16:32 COMMERCIAL PARTNERS TITLE COMMERCIAL PARTNERS TITLE, LLC 200 South Sixth Street, Suite 1300 Minneapolis, MN 55402 612.337-2470 Fax; 612.337-2471 FAX COVER SHEET 6123372471 The material of this facsimile is confidential and intended for the individual or entity Darned, if you have received this transmission in error, please notify us by telephone and return the original transmission to us via U.S. Postal Servia.sf Date: April 20, 2005 To: Todd Gerhardt Fra: 9521227-1110 Be: Walgreens/79th Street West & Market Blvd Sender: Sharon Ruane Direct Dial: 6121337-2472 E -Mail sharonr&ptithcom Pages: 2 including this sheet Comments: P.01 Building Inspections In connection with the development of the above -referenced property, enclosed Phone: 952.227.1180 please find three (3) original "Site Plan 05-03" executed by the City of Fax: 952.227.1190 Chanhassen. Engineering PFax:952.227.1170 At such time as you have: Fax: 952.227.1170 Finance 1. Obtained counterpart signatures to the document by the applicant, Net Lease Phone: 952.227.1140 Development LLC; and Fax: 952.227.1110 Park a Recreation 2. Collected cash funds in the amount of $164,120.00 (the "Surety") payable to Phone: 952.227.1120 City of Chanhassen, Fax: 952.227.1110 March 25, 2005 Recreation Center 2310 Coulter Boulevard Ms. Sharon Ruane CITY �F Commercial Partners Title LLC Fax: 952.227.1404 200 South Sixth Street CgANgASSEN Suite 1300 Phone: 952227.1130 Minneapolis, MN 55402 7700 Market Boulevard AGREED AND ACCEPTED BY: PO Box 147 Chanhassen, MN 55317 Re: Escrow Instructions — Site Plan 05-03 Walgreens at 79'" Street West & Market Blvd. — Chanhassen, MN Administration Phone: 952.227.1100 Fax: 952 227.1110 Dear Ms. Ruane: Building Inspections In connection with the development of the above -referenced property, enclosed Phone: 952.227.1180 please find three (3) original "Site Plan 05-03" executed by the City of Fax: 952.227.1190 Chanhassen. Engineering PFax:952.227.1170 At such time as you have: Fax: 952.227.1170 Finance 1. Obtained counterpart signatures to the document by the applicant, Net Lease Phone: 952.227.1140 Development LLC; and Fax: 952.227.1110 Park a Recreation 2. Collected cash funds in the amount of $164,120.00 (the "Surety") payable to Phone: 952.227.1120 City of Chanhassen, Fax: 952.227.1110 CITY OF CHANHASSEN Recreation Center 2310 Coulter Boulevard you are authorized and directed to (i) remit the Surety to the City of Chanhassen, Phone: 952.227.1400 and (ii) record the Site Plan in the offices of the Carver County, Minnesota, Fax: 952.227.1404 Recorder and Registrar of Titles. Planning & Natural Resources By your execution of this letter, you agree to comply with the instructions Phone: 952227.1130 contained herein. Fax: 952.227.1110 AGREED AND ACCEPTED BY: Public Works Sincerely, 1591 Park Road PFax::52.271.310o CITY OF CHANHASSEN Fax: 952.227.1310 Senior Center Phone: 952.221.1125 Todd Gerh Fax: 952.227.1110 City Manager Web site AGREED AND ACCEPTED BY: www.d.chanhassen.mn.us COMMERCIAL PARTNERS TITLE, LLC. gAp1an12005 planning cases\05-03 walgreenslescrow.dIm Sharon Ruane, Its Escrow Officer WAMM The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 • CTTY OF CHANHASSEN SITE PLAN 05-03 SPECIAL PROVISIONS THIS AGREEMENT (this "Site Plan Agreement') dated January 24, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Net Lease Development LLC, a Delaware limited liability company (the 'Developer'). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 15,000 square -foot building to house a retail building and pharmacy, with a variance to allow a 70A% hard surface coverage and reduction in parking (referred to in this Site Plan Agreement as the "Project'). The land is legally described as Lot 1, Block 1, Crossroads Plaza 2°d Addition, according to the recorded plat thereof on file in Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans, as modified in accordance with applicable provisions of the Other Special Conditions set forth in Section 7 hereof (the "plans"); it being agreed that certain of the pemtits required in such Other Special Conditions may not, in fact, be needed. The plans shall not be attached to this Site Plan Agreement. If the plans vary from the written terms of this Site Plan Agreement, the written terms shall control. The plans are: PlanA: (CLI) Title Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanB: Certificate of Survey dated December 25, 2004, prepared by Semper Development. Plan C: (C13) Demolition Plan dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanD: (CIA) Site Plan, dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanE: (C1.5) Grading/Erosion Plan, dated December 1, 2004, prepared by CEI Engineering Associates, Inc. Plan F. (C1.6) Utility Plan, dated December 1, 2004, prepared by CII Engineering Associates, Inc. SP -1 0 0 PlanG: (C1.7) Landscaping Plan dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanH: (Cl.8) Detail Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanI: (C1.9) Detail Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. PlanJ: (C1.10) Lighting Plan dated December 1, 2004, prepared by Konnerth Sales Associates. PlanK: (C1.11) Exterior Elevations dated December 1, 2004, prepared by CEI Engineering Associates, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2006. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $164,120.00 (Grading $25,000.00, Erosion Control $3,000, Curb & Gutter $14,800.00, Utilities $31,600.00, Asphalt Paving $43,000.00, Landscaping $31,800.00). This amount has been calculated at a rate of 110% of the actual value of improvement. The City will release the security posted for each of the items in accordance with the City Code. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Ms. Allison F. Kern, Its Vice Manager Net Lease Development LLC 50 South 6m Street Suite 1480 Minneapolis, MN 55402 Telephone: (612) 313-2500 (612) 313-0126 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On January 24, 2005, the City Council adopted the following motions: "The City Council approves Site Plan 05-03 for a 15,000 square -foot building to house a retail building and pharmacy, with a variance to allow a 70.4% hard surface coverage and reduction in parking, based on the findings of the staff report, and as shown on the plans dated received December 3, 2004, subject to the following conditions: SP -2 0 A. Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to final approval. B. Landscape islands shall have a minimum inside width of 10 feet. C. Add the latest City standard detail plate Nos. 5207, 5300, and 5301. D. On the utility plan: - Revise the proposed inverts for catch basin No. I to 949.25 and 949.19, respectively. - Label the existing water stub to the site off Market Boulevard as 8" DIP. E. On the grading plan: - Add a benchmark. - Show the proposed storm sewer. - Increase the rock construction entrances to a minimum of 75 -feet in length. - Show the parking lot stall locations and striping. - Show the missing 954 contour elevation along the north side of the property. F. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. G. The applicant must show the location/elevation of an emergency overflow point for catch basin No. 2 that is 1.5 -feet lower than the proposed building elevation. H. Storm sewer sizing calculations will be required at the time of building permit application. The proposed storm sewer must be sized for a 10 -year stone event. I. Sanitary sewer and water hookup charges will be applicable for the new building. The 2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. Since there is an existing building, only hook-up charges for the additional SAC units will be charged. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. J. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. K. Permits from the MPCA, Watershed District and Railroad will be required for the site grading. L. All drive aisle widths within the parking lot must be 26 -feet wide per City Code and the existing driveway aprons must be upgraded to current City standards per Detail Plate No. 5207. SP -3 M. The existing assessment for the recent 2004 Street Overlay Project, totaling $11,436.83 plus interest, must be paid prior to building permit issuance. N. The proposed development shall maintain existing runoff rates and meet NURP water quality standards. O. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slone Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water. P. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase H Construction Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. Q. Fire Marshal Conditions: A 10 -foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters (pursuant to Chanhassen City Ordinance 9-1). Indicate on utility plans the location of PIV (post indicator valve). Fire Marshal must review and approve. R. Building Official Conditions: - The building is required to be protected by automatic fire extinguishing systems. - The plans must be prepared and signed by design professionals licensed in the State of Minnesota. - A demolition permit must be obtained prior to beginning demolition activities on the site. - The site must be protected with an 8 foot high fence during demolition and construction activities. - Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. - The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. SP -4 S. 0 S. All rooftop equipment shall be screened. T. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. U. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff, should be provided prior to requesting a sign permit. V. The Planning Commission recommends the withdrawal of approval of Site Plan 92-1 for the Americana Community Bank building, concurrently with the approval of Planning Case 05-3. The applicant shall file the notice of withdrawal against the property at Carver County. W. Allow additional hard surface variance coverage for an additional bench on the southwest comer." 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit 'B" and incorporated herein. 9. Withdrawal of Prior Site Plan Review. In compliance with the City Council's Other Special Condition set forth in Section 7 (R) hereof, the City hereby withdraws and terminates that certain City of Chanhassen Site Plan Review dated March 9, 1992, filed June 22, 1992, as Document No. 136673 (Abstract) and as Document No. 73237 (Torrens). SP -5 CITY OF CHANHASSEN BY: 18w� 1 (SEAL) Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisAq !day of � , 2005, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. KAREN J. ENc Etn eRla Notary Public -Minnesota My Gomm sslon Exp res Jan 31, 201( STATE OF MINNESOTA ) ( ss COUNTY OF HENNEPIl� Q�. EW Allison F. Kern, Its Vice Manager The foregoing instrument was acknowledged before me this _ day of 2005 by Allison F. Kern, the Vice Manager of Net Lease Development LLC, a Delaware limited liability company, on behalf of the limited liability company._ City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 SP -6 NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) Site Plan Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowing materials, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be wan -anted to be alive, of good quality, and disease free at the time of planting. All trees shall be wan -anted for twelve (12) months from the time of planting. The City shall retain $3,180.00 of the posted security for landscaping for twelve (12) months following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) GC -1 month period, the City shall release the remaining security to Developer within ten (10) business days of request therefore. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees hamiless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Site Plan Agreement GC -2 14 F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Site Plan Agreement. 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 Site Plan Agreement shall not be a waiver or release. H. Recording. This Site Plan Agreement shall run with the land and may be recorded against the title to the property. L Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this Site Plan Agreement shall be from 7:00 a.m. to 7:00 pm. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are Fust provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances, and Regulations. In the development of the property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances, and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. GC -3 M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Site Plan Agreement. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make, use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. g:\plan\2005 planning cases\05-03 walgmens\site plan agre rnmt.dm GC -4 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Marguerite M. McCarron Gina M. Bradt Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 0 0 CAMPBELL KNUTSON Professional Association April 22, 2005 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: AFib 15 "5 CITY Ur l;nANHASSEN Enclosed herewith for your files are the following recorded documents: Variance No. 0442 recorded with the Carver County Recorder on April 6, 2005, as Document No. A 411276 and with the Carver County Registrar of Titles on April 13, 2005, as Document No. T 152041 (Outlet B, White Oakk Addition); and 2. Conditional Use Permit #05-03 recorded with the Carver County Recorder on April 6, 2005, as Document No. A 411277 and with the Carver County Registrar of Titles on April 13, 2005, as Document No. T 152042. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON r essional Associ ti n By: Carole J. H Legal Assistant SCANNED COV PW - a cam:► BLwaa; Document No. OFFICE OF THE T 152042 REGISTRAR OF TITLES IIIIIIIIIIIIIIIIIIIINI�I�NII�IIN CARVER Che ## 240166 TM ee MINNESOTA Certffied and filed on 04-13-2005 at 10:00 AM ❑ PM I1111 2005-04-1Registrar of Titles 9t�2 1NICarl W Hanson, Jr. 1;©C'iT•1� �o -t •-lic :.l U:e �^�h„�--�'D.T.—a3 iE�iC�' DA£ 442 SCANNED r Document No. OFFICE OF THE A411277 COUNTY RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CARVER5COUNTY, MINNESOTA Fee. ecck Certified Recorded on 04-06-2005 at 01:30 ❑ A M �I P M 2005-04-06 111111111111111111111111111111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #05-03 Carl W Fin n, Jr County �R2ecorder 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: For the LED display within a monument ground low -profile sign in a Highway Business District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Crossroads Plaza 2nd Addition. 3. Conditions. The permit is issued for the construction of a LED display within monument ground low -profile sign and as shown on the plans dated received December 3, 2004. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: January 24, 2005 (SEAL) STATE OF MINNESOTA ( ss COUNTY OF CARVER CITY OF CHANHASSEN BY: Tom Furlong, Mayor AND: Td d Gerhardt, City Manager The foregoing instrument was acknowledged before me thisX? ay of2005, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. N PUB C j:j*tRENWW3:taryPwW ��2 V comm 11101N N101111 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplan\2005 planning cases\05-03 walgreens\cup agrmunent m 2 =Jim VMS Z CL LU U) z LU LU W 0 t5 cr z LLJ Z 0 LU LU W z Cc QRZ Z w U) o CL LL o LL cr IL CC 0 z z d z W w (L 0 Z < W LU z �j .6o LL 0 0 cr 0 w a. Z Lu < w co a) Mr. John Kohler -3- December 22, 2004 RESPONSES TO TRAFFIC QUESTIONS Adequacv of Parkins Stmoly (Ouestion al The current site plan shows 63 parking spaces on the subject site. According to a parking cross - easement Agreement, 22 of these 63 parking spaces will be available for use by Applebee's on all weekdays after 5:00 p.m. and on weekends. At other times (from opening time for Walgreen's to 5:00 p.m. on weekdays), 12 spaces on the Applebee's site will be available for use by Walgreen's. Based on data published in the Institute of Transportation Engineers' Parking Generation, Third Edition, 2004, peak parking demand for a pharmacy with a drive-through window occurs between 4:00 and 6:00 p.m. on weekdays and from 11:00 a.m. to 2:00 p.m. on a Saturday. Therefore, considering these peak periods and the parking cross -easement Agreement, the critical time for parking supply/demand for the Walgreen's store is after 5:00 p.m. on weekdays and on weekends when the peak demand is experienced and when the supply is restricted to only 41 parking spaces (63 total spaces minus 22 spaces available for Applebee's at these times). The ITE Parking Generation document presents peak parking demand rates (vehicles per 1,000 SF gross floor area) based on data collected at numerous other pharmacies with drive-througb windows. Using the 85b percentile' parking demand rate, the peak parking demand for the proposed Walgreen's store on a weekday would be about 37 parking spaces. On a Saturday, the peak parking demand would be about 39 parking spaces. As determined earlier, 41 parking spaces are available for Walgreen's users at these times (63 total on-site spaces — 22 spaces available for use by Applebee's). Therefore, the current site plan will adequately accommodate the peak parking demand for the proposed Walgreen's store, while also fulfilling terms of the cross -easement with Applebee's. Adequacy of Internal Operations (Ouestion b The second question that we addressed is regarding the adequacy of operations on the north circulation drive shown in the current site plan. This drive includes two loading/unloading areas, one for garbage trucks and the other for trucks delivering products. Other delivery trucks (e.g. newspaper, soft drinks etc.) are serviced via the front door. The north circulation drive includes one drive-through lane for the pharmacy and an adjacent two-way circulation aisle. A raised island separates the drive-through from the two-way circulation. The current layout for the north circulation drive was reviewed for adequacy, with particular attention to safety. To answer the question of its adequacy, we reviewed the following two key items: • Potential traffic movements on the north drive aisle and conflicts associated with these movements as shown in Figure 2. The current site plan presents a total of eight potential conflict points on the north circulation drive, without even considering conflicts due to truck operations. 1 85th percentile peak parking demand represents peak demand that is greater than 85 percent of the peak demand observationsresented in the ITE data. For example, on a weekday, of the peak demand values for 15 restaurants, the 85 percentile peak demand is the 13" highest demand that was observed. The normal approach is to use the average peak demand rate, which is the seventh highest peak demand. However, we used the 85i° percentile rate to be conservative in our peak demand calculations. COO — `SE S7g389 70 r G a STORE#om 15.O FFED5425 %"... N t APPROXIMATE SCALE CONFLICT —� VEHICLE PATH 0 40' FIGURE 2 Lj�BMENSH DEVELOPMENT, LTD. TRAFFIC AND PARKING REVIEW FOR PROPOSED WALGREEN'S STORE TRAFFIC MOVEMENTS AND CONFLICTS ON NORTH OF& ASSOCIATES, INC. IN CHANHASSEN DRIVE AISLE WITH TATIONENGINEERSANDPLANNERS CURRENT SITE PLAN PARKING AND ACCESS EASEMENT AGREEMENT THIS AGREEMENT is made as of the 3rd day of June, 1996, by and among APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA ("Apple"), a Minnesota limited partnership; AMERICANA COMMUNITY BANK ("Bank"), a Minnesota state banking institution; TOM -DON REAL ESTATE HOLDINGS, INC. ("Tires Plus"), a corporation; and THE CITY OF CHANHASSEN ("City"), a Minnesota municipal corporation. WHEREAS, Apple owns the tract of land legally described on Exhibit A attached hereto and made a part hereof and shown as "Lot 4" on Exhibit B attached hereto and made a part hereof; WHEREAS, Bank owns the tract of land described on Exhibit A-1 attached hereto and made a part hereof and shown as "Bank Lot" on Exhibit B; WHEREAS, Tires Plus owns the tract of land described on Exhibit A-2 attached hereto and made a part hereof and shown as "Lot 1" on Exhibit B; WHEREAS, City owns the tracts of land described on Exhibit A-3 attached hereto and made a part hereof and shown as "Lot 2" and "Lot 3" on Exhibit B; . WHEREAS, Lots 1, 2, 3 and 4 and the Bank Lot are herein individually referred to as a "Lot" and collectively referred to as the "Entire Premises"; and WHEREAS, the parties desire to establish certain easements in respect to the Entire Premises and/or portions thereof. NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I EASEMENTS 1.01. Ingress and Egress. Each party4 hereby grants and conveys to each of the other parties, for their use and the use by their respective agents, employees, tenants, contractors, customers and invitees, a non-exclusive easement appurtenant to and for the benefit of each Lot owned and/or leased by each party for the ingress and egress by vehicular and pedestrian traffic (but not parking) upon, over and across the parking areas, driveways, curb cuts and sidewalks (collectively, the "Parking and Access Facilities") from time to time located on the respective Lots; PROVIDED, HOWEVER, Bank and Tires Plus agree not to close, materially change or relocate that portion of the Parking and Access Facilities shown hatched on Exhibit B and legally described on Exhibit D attached hereto and made a part hereof (the "Access Area") without the prior consent of all parties hereto; PROVIDED, FURTHER, that no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for purposes herein permitted shall be erected or permitted within or across Parking and Access Facilities. Tires Plus shall, at its sole cost and expense, construct the portion of the Access Area located on Lot 1. Apple shall, at its sole cost and expense, perform all work ("Apple's Work") required to construct (i) the portion of the Access Area located on the Bank Lot and (ii) a sidewalk (the "Sidewalk") to be located on the south side of the island (the "Island") defining the south side of the curb cut on the Access Area. Such construction shall be performed in accordance with good construction practices so as to provide for a smooth, continuous and integrated common driveway. Bank hereby grants to Apple such temporary construction easements on the Bank Parcel as are reasonably necessary to perform Apple's Work - ,,1.02. _Barkincr. Apple hereby grants and conveys to Bank, for its use and the use by its agents, employees, tenants, contractors, customers and invitees (collectively, "Bank's Permittees"), a non- exclusive easement for vehicular parking on that portion of the Parking and Access Facilities located on Lot 4 which is shown cross -hatched on Exhibit B, such easement to be appurtenant to and for the benefit of the Bank Lot; PROVIDED, HOWEVER, Bank shall limit its use of such parking area to Monday through Friday between the hours of 7:00 am and 5:00 pm; PROVIDED, FURTHER, Bank shall use all reasonable efforts to cause Bank's Permittees to comply with the foregoing limitation. Bank hereby grants and conveys to Apple, for its use and the use by its agents, employees, tenants, contractors, customers and invitees (collectively, "Apple's Permittees"), a non-exclusive easement for vehicular parking on the Parking and Access Facilities located on the Bank Lot, such easement to be appurtenant to and for the benefit of Lot 4; PROVIDED, HOWEVER, Apple shall limit its use for parking of such Parking and Access Facilities to Monday through Friday between the hours of 5:00 pm and 2:00 am and all day Saturday and Sunday; PROVIDED, FURTHER, Apple shall use all reasonable efforts to cause Apple's Permittees to comply with the foregoing limitation. ARTICLE II INSURANCE PROVISIONS 2.01. Insurance. Each party agrees to maintain liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Parking and Access Facilities within its Lot with a "Combined Single Limit" (covering bodily injury liability and property damage) of no less than One Million Dollars ($1,000,000.00). Such insurance may be in the form of blanket liability coverage applicable to such party's Lot and other E property owned or occupied by such party carrying such insurance coverage (or the responsible parent, subsidiary or affiliated companies of such party). Each party as indemnitor shall, subject to the terms of Section 2.02, indemnify, defend and hold harmless the other, parties from all claims, demands, liabilities, losses, costs and expenses with respect to the negligent and/or wrongful acts or omissions of the indemnifying party relating to maintenance, use, operation and occupancy of any part of the Premises and/or with respect to this use by the indemnifying party, its agents, employees, tenants, contractors, customers and invitees of the easements granted in Article I. Such indemnity shall not apply to the extent of any loss or claim due to or arising from the negligent or wrongful acts or omissions of the indemnified party. Notwithstanding anything to the contrary contained in this Agreement, the obligations and liability of the City shall be subject to applicable state statutes, including, without limitation, Chapter 466 of Minnesota Statutes 1994. 2.02. Waiver of Subrogation. Anything herein contained to the contrary notwithstanding, it is agreed that each party (the "Releasing Party") shall release the other (the "Released Party") from any liability which the Released Party would, but for this paragraph, have had to the Releasing Party during the term of this Agreement resulting from any accident or occurrence or casualty (i) which is or would be covered by an All -Risk Policy or a DIC Policy irrespective of whether such coverage is being carried by the Releasing Party, or (ii) which is covered by any other casualty or property damage insurance being carried by the Releasing Party at the time of such occurrence, which casualty may have resulted in whole or in part from any act or neglect of the Released Party, its officers, agents or employees; provided, however, the release hereinabove set forth shall become inoperative and null and void if the Releasing Party wishes to place such insurance with an insurance company which (y) takes the position that the existence of such release vitiates or would substantially adversely affect any policy so insuring the Releasing Party and notice thereof is given to the Released Party, or (z) requires the payment of a higher premium by reason of the existence of such release, unless in -the latter case the Released Party within 20 days after notice thereof from the Releasing Party pays such increase in premium. ARTICLE III MAINTENANCE PROVISIONS 3.01. Maintenance. Each party shall, at its sole cost and expense, maintain the Parking and Access Facilities on its Lot at all times in good order, condition and repair, reasonably free of ice, snow and debris; provided, however, Apple shall, at its sole cost and expense, maintain the Island (including, without limitation, all landscaping thereon) and the Sidewalk (including, without limitation, snow removal therefrom). 3 ARTICLE IV MONUMENT SIGN 4.01. Monument Sian. Apple and Tires Plus agree that a monument sign (the "Monument Sign") will be placed on Lot 4 at a location to be agreed to by Apple and Tires Plus and approved by the City. The Monument Sign shall be utilized, operated and maintained by Apple and Tires Plus. Subject to the approval of the City, the Monument Sign shall be as set forth on Exhibit C attached hereto and made a part hereof. The cost of construction of the Monument Sign shall be split equally between Apple and Tires Plus; PROVIDED, HOWEVER, that Apple and Tires Plus shall each pay the cost of its respective sign letters, sign can or sign face, as applicable (the "Individual Sign"). The initial construction of the Monument Sign shall be performed by Apple. Tires Plus will immediately reimburse Apple for one-half of the cost thereof. Tires Plus will have the option, if the Monument Sign is not constructed within one hundred twenty (120) days after the date that Apple acquires title to Lot 4, to construct the Monument Sign in accordance with Exhibit C or as approved by the City. Apple shall reimburse Tires Plus for its half of the cost of construction of the Monument Sign at such time as Apple places its Individual Sign on the Monument Sign. Electricity for each party's Individual Sign shall be separately metered, with Apple and Tires Plus each responsible for the costs associated with its respective meter. Any subsequent maintenance of the Monument Sign shall be split equally between Apple and Tires Plus. Apple hereby grants to Tires Plus and its successors and assigns such easements on the Apple Parcel as are reasonably necessary for Tires Plus to fulfill its obligations and exercise its rights as set forth herein. ARTICLE V DEFAULT 5.01. Right to Cure Defaults. If any party (a "Defaulting Party") fails to perform any agreement or obligation on its part to be performed under this Agreement, any other party (a "Non - Defaulting Party") shall have the right (i) if no emergency exists, to perform the same after giving 15 days notice to the Defaulting Party; and (ii) in any emergency situation to perform the same immediately without notice or delay. If not paid, the Party correcting the same shall have a lien on the Tract of the Defaulting Party for such amount in default, which amount shall bear interest at the "Interest Rate" (as hereinafter defined) from the due date until paid. As used herein, the term "Interest Rate" shall mean a rate of interest per annum equal to the then published "Prime Rate" of Citibank, N.A., plus three percent (3%), or the highest rate permitted by law, whichever is lower from the due date therefor until date of payment. Furthermore, the other parties shall have a lien on the Lot of the Defaulting Party for such amount in default, which amount shall bear interest at the Interest Rate from the due date until paid, provided that if there be a good -faith dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on the Lot of the Party deemed to be in default until such dispute is settled by final court decree or mutual agreement; provided, however, notwithstanding the foregoing, the parties acknowledge and agree that applicable law prohibits the filing of a lien on property owned by the City. For the purpose of rectifying a Defaulting Party's defaults as aforesaid, the Non -Defaulting Party shall have the right to enter the Defaulting Party's Lot. The Defaulting Party shall on demand reimburse the Non -Defaulting Party for the reasonable costs and expenses incurred by thereby in rectifying the Defaulting Party's defaults as aforesaid, including reasonable attorney's fees. Except for the willful act or negligence by the Non -Defaulting Party, the Non -Defaulting Party shall not be liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to the Defaulting Party or anyone holding under it for any action taken pursuant to this Section. Any act or thing done pursuant to this Section shall not constitute a waiver of any such default or a waiver of any covenant, term or condition herein contained or the performance thereof. 5.02. Lien for Expenses. The liens provided above may be filed for record by the curing Non -Defaulting Party as a claim of lien against the Lot of the Defaulting Party in the same manner and with the same priority as a mechanic's lien in the jurisdiction in which the Entire Premises is located. ARTICLE VI MISCELLANEOUS 6.01. Notices. Any notice, consent, payment, demand, offer or communication ("Notice") required or permitted to be given by any provision of this Agreement must be in writing and shall be deemed to have been sufficiently given or served for all purposes if in writing and personally delivered, sent by registered or certified mail, postage and charges prepaid, or by Federal Express or other reputable overnight courier or delivery service, addressed as follows: If to Apple: Apple American Limited Partnership of Minnesota 4551 W. 107th Street, Suite 100 Overland Park, KS 66207 Attention: Robert T. Steinkamp 4 If to Bank: Americana Community Bank 600 W. 79th Street Chanhassen, MN 55317 Attention: Randy Schultz If to Tires Plus: Tom -Don Real Estate Holdings, Inc. c/o Donald M. Gullett 701 Lady Bird Lane Burnsville, MN 55337 If to City: City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attention: City Manager All Notices shall be deemed duly given as of the date they are deposited in the United States mail or sent by overnight courier as hereinabove provided; however, the time period in which a response to any such Notice must be given shall commence to run from the date of receipt by the addressee thereof as shown on the return receipt of the Notice. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice was given, shall be deemed to be receipt of the Notice as of the date of such rejection, refusal or inability to deliver. 6.02. Assignment. Each party, without consent from the other parties, shall have the right to assign all of its rights, responsibilities and obligations set forth in this Agreement to another party. 6.03. Governing Law. This Agreement and the obligations of the parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. 6.04. Duration of Agreement. This Agreement shall remain in effect for a period of fifty-five (55) years from the date on which this Agreement is recorded, after which time they shall be automatically renewed for ten year periods unless the parties elect in writing not to so renew and shall expressly terminate these covenants by written instrument, recorded in the public records of the county in which the Entire Premises are located. 6.05. Realty. Each party shall pay, or cause to be paid prior to delinquency all real estate taxes and assessments which may be levied, assessed or charged by any public authority against such party's Lot, the improvements thereon or any other party thereof. 6.06. Binding Effect. All of the limitations, covenants, conditions, easements and restrictions contained herein shall attach to and run with each Lot and shall benefit or be binding C upon the successors and assigns of the respective parties. This Agreement and all the terms, covenants and conditions herein contained shall be enforceable as equitable servitude in favor of said Lots and any portion thereof. 6.07. Estoppel Certificate. Any party may, in connection with the financing, sale or transfer of such party's Lot, deliver written notice to the other parties requesting such party to certify in writing that to the best knowledge of the certifying party, the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to described the nature and amount of the defaults. Each party receiving such request shall execute and return such certificate within twenty (20) days following the receipt thereof. The parties acknowledge that such certificate may be relied upon by the third parties designated in the request by the party requesting such certificate. 6.08. Legal Expenses. In case suit shall be brought because of the breach of any agreement or obligation contained in this Agreement on the part of any party to be kept or performed, and a breach shall be established, the prevailing party shall be entitled to recover all expenses incurred in connection with such suit, including reasonable attorneys' fees. 6.09. Effect on Sale by Party. If any party in the Entire Premises sells all or part of the Lot owned by it, other than to perfect a sale and leaseback (or other similar financing) of such property, then, from and after the date of sale, such party shall have no further obligation under this Agreement with respect to such Lot sold; PROVIDED, HOWEVER, the selling party shall remain liable for obligations incurred prior to the sale. All conveyances of all or any portion of the Entire Premises subsequent to the date hereof shall recite that they are subject to the terms and provisions of this Agreement. 6.10. Existing Agreements. Nothing in this Agreement shall be deemed to alter, modify or amend the Declaration of Restrictions dated December 21, 1995 by the City or the Declaration of Cross Access, Utility and Parking Easements dated December. 21, 1995 by the City. 6.11. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 6.12. WAIVER OF JURY TRIAL. EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA By: Gourmet Systems of Minnesota, Inc., a Minnesota corporation, General Partner By: AMERICANA COMMUNITY BANK By: Name: Title: TOM -DON REAL ESTATE HOLDINGS, INC. By: Donald M. Gullett, President CITY OF CHANHASSEN By: � jzlu Do ald J. mie , ayor By: Don Ashworth, ty Manager 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA By: Gourmet Systems of Minnesota, Inc., a Minnesota corporation, General Partner By: Robert T. Steinkamp, Secretary/Treasurer AMERICANA COMMUNITY BANK By: Name: Title: TOM -DON REAL ESTATE HOLDINGS, 'INC. By: onald M. Gu ett, Secretary CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor By: Don Ashworth, City Manager U May. 31. 1996 3:16PM APPLEBEES INT'L—LEGA No. 7034 P. 9/18 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA By: Gourmet Systems of Minnesota, Inc., a Minnesota corporation, General Partner By: Robert T. Steinkamp, Secretary/Treasurer AMERICANA COMMUNITY BANK BY.— Nam -Randall Y:Name:andall P. Schultz Title: Pregident TOM -DON REAL ESTATE HOLDINGS, INC. By: Donald M. Gullett, President CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor By: Don Ashworth, City Manager 9 STATE OF ,�, �Q ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1996 by Robert T. Steinkamp, the Secretary/Treas er of GOURMET SYSTEMS OF MINNESOTA, INC., a Minnesota corpo ation, the General Partner of APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA, a Minnesota limited partnership, on behalf of the partnership. , JANICE F. HAAS Notary Public. State of Kansas MyAppt. Expires -i STATE OF ) ss. COUNTY OF ) he foregoing instrument was acknowledged before me this day �, 1996 by the of AM ICANA COMMUNITY BANK, a Minnesota state banking institution, on be if of the institution. Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996 by Donald M. Gullett, the President of TOM -DON REAL ESTATE HOLDINGS, INC., a corporation, on behalf of the corporation. Notary Public STATE OF ) ss. COUNTY OF 0 2/✓ ) e foregoing instrument was acknowledged before me this �/- day o , 1996 by Donald J. Chmiel and Don. Ashworth, the Mayor a City Manager, respectively, of the CITY OF CHANHASSEN, a Minnes a municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ck,_Aiwoo�'a No ary Publlic KARENJ.ENQELNARDT NOTARY PUBUC.MINNESOTA CARVER COUNTY My Commissim Ezptres Jen 37;2000 STATE OF MINNESOTA ) ) ss. COUNTY OF - DAKOTA ) The foregoing instrument was acknowledged before me this 31 day of May , 1996 by Donald M. Gullett, the Secretary of TOM -DON REAL ESTATE HOLDINGS, INC., a Minnesota corporation, on behalf of the corporation. CARRIE B. SMRM pOTIWV AMX_woKWA W �IOI WaE61J1.7000 STATE OF ) ss. COUNTY OF ) �� 6, kx;6k Notary Public The foregoing instrument was acknowledged before me this day of , 1996 by Donald J. Chmiel and Don Ashworth, the Mayor and City Manager, respectively, of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public fG] . May. 31. 1996 3:16PM APPLEBEES INT'L—LEGA No.7034 P. 10/16 STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 1 1996 by Robert T. Steinkamp, the Secretary/Treasurer of GOURMET SYSTEMS OF MINNESOTA, INC., a Minnesota corporation, the General Partner of APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA, a Minnesota limited partnership, on behalf of the partnership. Notary public STATE OF NZ,,7//P!wrg ) ss. COUNTY OF (°d y� p , ) The foregoing instrumento acknowledged be 1V a me this 1L -- day of unP , 1996 by-�asdo11f56h e Of AMERICANA COMMUNITY BANK, a Minneso as s� tate banking institution, on behalf of the institution. Em TTERINNESOTAUNTY,;ui. i1.20?7 EXHIBIT A Lot 4, Block 1, CROSSROADS PLAZA 3RD ADDITION, according to the recorded plat thereof, Carver County, Minnesota. 11 EXHIBIT A-1 Lot 1, Block 1, CROSSROADS PLAZA 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota. 12 EXHIBIT A-2 Lot 1, Block 1, CROSSROADS PLAZA 3RD ADDITION, according to the recorded plat thereof, Carver County, Minnesota. 13 EXHIBIT A-3 Lots 2 and 3, Block 1, CROSSROADS PLAZA 3RD ADDITION, according,to the recorded plat thereof, Carver County, Minnesota. 14 EXHIBIT B 15 EXHIBIT C to , EXHIBIT D EASENfENT FROM TIRES PLUS: An easement for access purposes over and across the south 24' of lot 1, block 1, CROSSROADS PLAZA 3RD ADDITION, as recorded in Carver County, Minnesota EASEMENT FROM AMERICAN NATIONAL BANK A 24' easement for access purposes, over and across lot 1, block 1, CROSSROADS PLAZA 2ND ADDITION, the centerline of said easement is described as follows: Commencing at the southeast corner of said lot 1, block 1; thence N 10055'06" W along the east line of said lot 1 a distance of 152.73' to the point of beginning of the centerline to be described; thence S 79°04'54" W a distance of 41.94'; thence S 10°04' 03" E a distance of 82.59'; thence S 13°38'21" W a distance of 36.97' to the south line of said lot 1, and said centerline there terminadng. Date: December 8, 2004 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Please Return Plans By: Sharmeen Al-Jaff, Senior Planner Subject: Walgreens — Site Plan approval with variances for the construction of a retail building and a Conditional Use Permit for an LID monument sign on 1.61 acres on property zoned Highway and Business District, located at the Northeast comer of Market Boulevard and West 7SP Street. Applicant: Semper Development, Ltd, and Robert Dittrich. Planning Case: 04-45 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 3, 2004. The 60 -day review period ends February 1, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on January 4, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than December 23, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attomey c. City Park Director d. Fire Marshal 4 e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - MY OF CBMSEN Date: December 8, 2004 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Please Return Plans By: Sharmeen AI-Jaff, Senior Planner Subject: Walgreens — Site Plan Approval with Variances for the construction of a retail building and a Conditional Use Permit for an LED monument sign on 1.61 acres of property zoned Highway and Business District, located at the Northeast corner of Market Boulevard and West 79 h Street. Applicant: Semper Development, Ltd., and Robert Dittrich, Americana Bank. Planning Case: 05-03 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 3, 2004. The 60 -day review period ends February 1, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on January 4, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than December 23, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - trrutMeo CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: SEMPER DEVELOPMENT LTD Date: 12/08/2004 Time: 11:20am Receipt Number: DW / 5700 Clerk: DANIELLE WALGREENS 05-03 ITEM REFERENCE ------------------------------------------- AMOUNT DEVAP WALGREENS 05-03 USE & VARIANCE 1,281.50 PLAT RECORDING 50.00 Total: --------------- 1,331.50 Check 5494 1,275.00 Check 5499 56.50 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED Planning Case No. 05-03 Walgreens $425.00 Conditional Use Permit $500.00 Site Plan Review (Commercial) $156.50 $10/1000 sf of 15,650 sf $200.00 $50.00 $1,331.50 chemo, is 6hofb, CLf,Tmac. 1"e)now how quVW wan �, .\ t Mccji4ecl . 0 CIfYOF Date: December 8, 2004 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Please Return Plans By: Sharmeen AI-Jaff, Senior Planner Subject: Walgreens — Site Plan approval with variances for the construction of a retail building and a Conditional Use Permit for an LID monument sign on 1.61 acres on property zoned Highway and Business District, located at the Northeast comer of Market Boulevard and West 79"' Street. Applicant: Semper Development, Ltd, and Robert Dittrich. Planning Case: 04-45 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 3, 2004. The 60 -day review period ends February 1, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on January 4, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than December 23, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Directwo d. Fire Marshal e. Building Official f. Water Resources Co g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - CITY OF MEMORANDUM HAlVHA1O TO: Sharmeen Al-Jaff, Senior Planner 7700 Market Boulevard PO Boz 147 FROM: Matt Saam, Assistant City Engineer fill� Chanhassen, MN 55317 GRADING, DRAINAGE & EROSION CONTROL Phone. 9522271140 DATE: December 28, 2004 Administration the new Walgreens site. Minimal grading will be required for this project. The Phone: 952.227.1120 Phone: 952.227 1100 Fax: 952.227.1110 existing bank building. Staff has only two minor concerns with the proposed grading Fax 952.2271110 SUBJ: Site Plan Review for Walgreens Building Inspections Fax: 952.227.1484 Land Use Review File No. 04-19 Phone: 952.227.1180 north within the railroad property. This will require a permit from the railroad to Planning 8 Natural Resources Fax: 952.227.1190 Phone: 952.227.1130 Engineering Upon review of the plans prepared by CEI Engineering Associates, Inc. dated Phone: 952.227.1160 December 1, 2004, I offer the following comments and recommendations: Fax: 952.227.1170 Finance GRADING, DRAINAGE & EROSION CONTROL Phone. 9522271140 Fax: 952.227 1110 The existing bank building and parking lot will be removed prior to construction of Park A Recreation the new Walgreens site. Minimal grading will be required for this project. The Phone: 952.227.1120 proposed building pad elevation of 954.25 is just over half a foot higher than the Fax: 952.227.1110 existing bank building. Staff has only two minor concerns with the proposed grading Recreation Center as shown. First, the applicant must show the location/elevation of an emergency 2310 Coulter Boulevard Phone: 952.227.1400 overflow point for catch basin no. 2 that is 1.5 -feet lower than the proposed building Fax: 952.227.1484 elevation. Second, it appears there will be a need for some off-site grading to the north within the railroad property. This will require a permit from the railroad to Planning 8 Natural Resources grade in this area. Phone: 952.227.1130 Fax: 952.227.1110 The building drainage will be collected by both existing and proposed catch basins Public Works along all sides of the proposed building. The drainage for most of site will be routed 1591 Park Road to an existing regional pond southwest of the property. This pond has been previously Phone: 952.22271300 Fax: 952.227.1310 sized for development of the entire site. As such, no additional ponding p p g improvements are required with this development. Storm sewer sizing calculations Senior Center will be required, however, at the time of building permit application. The proposed PFax:952.227.1110 Fax' 952.227.1110 storm sewer must be sized for a 10 -year storm event. y web SRe Proposed erosion control must be developed in accordance with the City's Best www.ci.cnanhassen.mn.us Management Practice Handbook (BMPH). The applicant is proposing Type 1 silt fence around the grading limits of the entire site. Rock construction entrances are also shown at each of the public access points to the site. These rock entrances must be lengthened to 75 feet as shown on City Detail Plate No. 5301. In addition, if importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. Permits from the MPCA, Watershed District and Twin Cities & Western Railroad will be required for the site grading. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautitul parks. A great place to live, work, and play. Sharmeen Al-Jaff December 28, 2004 Page 2 UTILITIES The plans propose to utilize the existing sanitary sewer and water stubs along the south side of the property. The stubs will be connected to and extended with the site to service the new building. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. The applicant should be aware that City records show the existing bank building is connected to water from the west off Market Boulevard. Sanitary sewer and water hookup charges will be applicable for the new building. The 2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. Since there is an existing building, only hook-up charges for the additional SAC units will be charged. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. STREETS/PARKING LOT No major street improvements have been proposed with this project. The applicant is proposing to utilize the existing accesses to the site from Market Boulevard and W. 79d' Street. The applicant is proposing to redo the entire parking lot area. With these improvements, all drive aisle widths within the parking lot must be 26 -feet wide per City Code and the existing driveway aprons must be upgraded to current City standards per Detail Plate No. 5207. Staff has reviewed the parking layout and believes the layout should operate effectively from a circulation standpoint. Based on the ITE (Institute of Traffic Engineering) Manual for a pharmacy with a drive-thru compared to the same size building for the existing site use of a bank with a drive-thru, the amount of traffic generated by a pharmacy would be approximately one-third of the traffic for a bank. Now, the proposed pharmacy is nearly three times the size of the existing bank building so the proposed traffic would be expected to be about the same as the existing bank generates. The applicant also had a traffic study completed to look at the internal layout. The traffic study found one area of concern: a potential traffic conflict between the north drive aisle and the drive-thm lane. The potential conflict points arise at the entrance and exit locations of the drive-thru lane. Traffic entering/exiting the drive-thru must cross on -coming traffic from the north drive aisle. The traffic study offered two options to address the potential traffic conflict. One is to revise the north drive aisle from a two-way to a one-way (exit only) drive aisle. The other option is to leave the drive aisle as proposed and monitor it. If problems arise, then the drive aisle could be converted to a one-way in the future. Staff is Sharmeen Al-Jaff December 28, 2004 Page 3 recommending the second option for a couple of reasons. First, the proposed layout is essentially the same as the existing bank drive-thru and drive aisle and there have not been previous issues/problems with this layout. Second, based on information from the recently approved CVS Pharmacy traffic study which looked at existing metro Walgreens stores, the most cars that are ever waiting at the drive-thru is three. With this information, staff does not believe the drive-thru will generate the amount of traffic necessary to cause problems with the drive aisle. There is an existing assessment against the property for the recent 2004 Street Overlay Project. The assessment, totaling $11,436.83 plus interest, must be paid prior to building permit issuance. RECOMMENDED CONDITIONS OF APPROVAL Add the latest City standard detail plate nos. 5207, 5300, and 5301. 2. On the utility plan: - Revise the proposed inverts for catch basin no. 1 to 949.25 and 949.19, respectively. - Label the existing water stub to the site off Market Boulevard as 8" DIP. 3. On the grading plan: - Add a benchmark. - Show the proposed storm sewer. - Increase the rock construction entrances to a minimum of 75 -feet in length. - Show the parking lot stall locations and striping. - Show the missing 954 contour elevation along the north side of the property. 4. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 5. The applicant must show the location/elevation of an emergency overflow point for catch basin no. 2 that is 1.5 -feet lower than the proposed building elevation. 6. Storm sewer sizing calculations will be required at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. Sanitary sewer and water hookup charges will be applicable for the new building. The 2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on the number of SAC units calculated by the Sharmeen Al-Jaff December 28, 2004 Page 4 Met Council. Since there is an existing building, only hook-up charges for the additional SAC units will be charged. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 9. Permits from the MPCA, Watershed District and Railroad will be required for the site grading. 10. All drive aisle widths within the parking lot must be 26 -feet wide per City Code and the existing driveway aprons must be upgraded to current City standards per Detail Plate No. 5207. 11. The existing assessment for the recent 2004 Street Overlay Project, totaling $11,436.83 plus interest, must be paid prior to building permit issuance. jms c: Paul Oehme, Director of Public Works/City Engineer gleng\proj=Ls\walgreeus\spr.dm WALGREENS CHANHASSEN PROJECT We are proposing to build a new Walgreens Pharmacy that will be approximately 15,650 square feet in size. This store is being built on the present site of the Americana Bank at the northeast corner of 79P and Market. The store will include the uses typically associated with a Walgreens Pharmacy, including a Drive-Thru prescription pick-up window. The front of the building will face both 79`h and Market Street with a generous landscape area separating the building from each street. The vehicle entry points to the site will remain in the current locations that are used for access to the bank. The visitor parking will be located on the east side of the site to facilitate the shared parking arrangement that is in place with the Applebee's restaurant to the east. This will also allow us to maintain the shared access drive currently being used by the commercial properties to our east. The front entry to our building will be located in the southeast comer of the building adjacent to both 790' and the visitor parking allowing for ease in both pedestrian access and access for those coming from parked vehicles. The building design for this Walgreens is unlike any design we have done for them. It certainly is a change from their standard prototype project. The fagade of the building has been broken up into a number of smaller components to break up the mass and length of all of the walls enclosing this structure. We have utilized two primary masonry colors along with a third detailing brick to enhance and detail this design. This has also been accented with a matching roofing and window mullion scheme that also ties into the individual wall sconces located on the pilasters going around the building. The wall sconces are further enhanced by the detailed masonry strand extending below each wall sconce, adding an additional vertical element to the fagade design. The landscaping for this project extends beyond that required by the city ordinance. We are also planning a pedestrian seating area and bench to be located adjacent to the front entry to the store. The landscaping design can be seen in the landscape plans attached to this submittal as well as the color renderings of the project. For this project we are requesting a Variance to the hard surface coverage requirement, a Conditional Use Permit for the electronic reader board portion of our sign and a Site Plan Approval. WALGREENS CHANHASSEN PROJECT We are proposing to build a new Walgreens Pharmacy that will be approximately 15,650 square feet in size. This store is being built on the present site of the Americana Bank at the northeast corner of 79tb and Market. The store will include the uses typically associated with a Walgreens Pharmacy, including a Drive-Thru prescription pick-up window. The front of the building will face both 79a' and Market Street with a generous landscape area separating the building from each street. • The vehicle entry points to the site will remain in the current locations that are used for access to the bank. The visitor parking will be located on the east side of the site to facilitate the shared parking arrangement that is in place with the Applebee's restaurant to the east. This will also allow us to maintain the shared access drive currently being used by the commercial properties to our east. The front entry to our building will be located in the southeast comer of the building adjacent to both 79a' and the visitor parking allowing for ease in both pedestrian access and access for those coming from parked vehicles. The building design for this Walgreens is unlike any design we have done for them. It certainly is a change from their standard prototype project. The fagade of the building has been broken up into a number of smaller components to break up the mass and length of all of the walls enclosing this structure. We have utilized two primary masonry colors along with a third detailing brick to enhance and detail this design. This has also been accented with a matching roofing and window mullion scheme that also ties into the individual wall sconces located on the pilasters going around the building. The wall sconces are further enhanced by the detailed masonry strand extending below each wall sconce, adding an additional vertical element to the fagade design. The landscaping for this project extends beyond that required by the city ordinance. We are also planning a pedestrian seating area and bench to be located adjacent to the front entry to the store. The landscaping design can be seen in the landscape plans attached to this submittal as well as the color renderings of the project. For this project we are requesting a Variance to the hard surface coverage requirement, a Conditional Use Permit for the electronic reader board portion of our sign and a Site Plan Approval. M - �m mm mm mm om mm mm mm T11" lj"Ilrlri�l f ! � 1FTY C .■ MEE I ■■■ on ■Y HE .■ .:■ ::n s ::■ i s s. .'■ :: .- ::o .. ME on 8e■ ■ ; e:i MEn een ::■ :: I ■ L. ■. PON 0■ L- _ ==E mmm mm mm mm mm 0 iruAMIii: Moodlilvft Siff-ZAAkDo5 N�;,) EIQ �1 1 I 1 I I I I I I I I I I 1 �L� U 1 ft F I o m 1• A ==rw i �i ON 19ir 0■ ME min INNER