The URL can be used to link to this page

CAS-40_VILLAGE ON THE PONDS 9TH ADDITION BUILDING C-10 CITY OF CIIANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952 227.1160 Fax: 952.227 1170 Finance Phone: 952227.1140 Fax: 952.227.1110 Park b Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coullei Boulevard Phone: 952.227.1400 FK 952.227.1404 Planning & Natural Resources Phone: 952.227 1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227 1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us October 27, 2006 Kinsale of Chanhassen, LLC c/o Ms. Vernelle Clayton 551 West 78b Street Chanhassen, MN 55317 Re: Lakewinds Natural Foods Escrow Return City of Chanhassen Planning Case #04-40 Dear Vemelle: Gµ - Attached please find a check in the amount of $5,000. This check represents an erosion control ($2,500) and boulevard restoration ($2,500) cash escrow that the city held during the development of Lakewinds Natural Foods. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enc. gAplanx2004 planning casesx04-40 -village on the ponds building c -I food cooplescrow return letter.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. ri Au t sober T F h1 T W T F S S M T W T F 1 2 3 4 5 6 7 8 6] 8 9 10 11 12 3 4 0 6 -7 8 9 13 14 16 4 16 15 i6 1] Y8 19 16 11 12 13 14 15 16 0 2122 26�. 21 22 23 26 25 26 17 18 19 20 21 22 23 2] 28 29 26 29 36 31 24 25 26 2] 28 29 M _.._._.... .__ .........._ .... ..._. _. __.. V, Securities Start Due 5 P Category Description 10/1/06 10/1/06 0 Escrows 6W Cash Escrow Lakewinds Food Coop Lot 1, Block 1, Villages on the Ponds 9th Building C-1 Planning Case #04-40 Boulevard Restoration ($2,500) & Erosion Control ($2,500) TOTAL --$5,000 Received 5/9/05 Receipt #EE/6148 Check #120821 Notify Bob Generous 10/1/05 Total = $5,000 9/2/05 -Bob, status? Kim 10/3/05 - Per Bob, retain escrow for another year until 10/1/06. Kim 10/2206 - Bob, status? Please advise. Kim 10/6/06 - Per Bob okay to release entire escrow. Requested check from Finance on 10/9/06 to mail with letter on 10/12/06. Kim 10/27/06 - Mailed letter and check to Vemelle Clayton. Activity closed. Kim 6p La cwow�cC 1n'2mmaa1PM e.etaNa P.PrMry Papal AAWAMCON DESIGN/BUILD I CONSTRUCTION MANAGEMENT I GENERAL CONTRACTING RECEIVED OCT 18 2006 CITY OF CHANHASSEN October 16, 2006 City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, Minnesota 55317 Attn: Kim Meuwissen RE: Lakewinds Site Improvements Escrow Account Dear Kim: In regards to the escrow account for the Lakewinds project, the owner/developer of the project should receive the escrow monies. Amcon was reimbursed for the escrow funds already from the owner. If you have any questions, please contact me. Sincerely, Amco�n Conssttructi n ompany LLC Scott Quiring Senior Project Manager SQ:kw cc: Vernelle Clayton 1715 Yankee Doodle Road, Suite 200 1 Eagan, Minnesota 55121-1616 I Tel: 651.379.9090 1 Fax: 651.379.9091 Email custsery@amconconstruction.com I Website: www.amconconstruction.com Vendor: Kinsale of Chanhassen LLC Vendor No: kinsal Vendor Acct No: Invoice Number Date Description 6148 10/25/2006 boulevard escrow refund 0 Check Date: Check Amount: 10/26/2006 $5,000.00 Invoice Amount 5,000.00 AMERICANA CITY OF CHANHASSEN COMMUNRYBANK 130973 CHANHASSEN, MN 55317 7700 MARKET BLVD., P.O. BOX 147 75-196919 CHANHASSEN, MN 55317 (952) 227-1140 Pay: ***Five thousand dollars and Zero cents To the order of: Kinsale of Chanhassen LLC Date 10/26/2006 Amount $5,000.00 THE REVERSE SIDE OF THIS DOCUMENT INCLUDES AN A mFICU WATERMARK -HOLD AT AN ANGLE TO VIEW 0002TIMIMEMM51 'ITY OF CHANHASSEN '700 MARKET BLVD 'HANHASSEN 'ayee: AMCON )ate: 05/09/2005 receipt Number: EE 'lerk: BETTY SLVD EROSION ESCROW ;ITE PLAN 04-40 0 MN 55317 Time: 8:32am / 6148 :TEM REFERENCE AMOUNT ------------------------------------------- :SCRW SITE PLAN 04-40 EROSION 2,500.00 BOULEVARD 2,500.00 --------------- Total: 5,000.00 'heck 120821 5,000.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! 0 SCANNED st200n terber 2000 T F E. M T W T F S M T W T F 1 3 4 5 7 .3._.7....8.._fi...7 J, 18...9..10 11..12 .7._8._.8...7_.3. 1011121374 141516.77.78` H—WI 141$ IT -it 19-26 21 21 2223 24 25 1 B__W'Af.21..22 . 242626 27 26 26..2#..3'''.3... (*.. 29-M O OWN 31........._ ............. ............................ ........................_ Securities Start Due S P CbleWry Desenption 10/1/06 10/1/06 0 [scr(,,, G] Cash Escrow lakewiods Food Coop Lot 1, Block 1, Villages on the Ponds 9th Building C-1 Planning Case #04-40 Boulevard Restoration ($2,500) & Erosion Control ($2.500) TOTAL --$5,000 Received 5/9/05 Receipt #EEJ6148 Cheek #120821 Notify Bob Generous 10/1/05 TOW =$5,000 9!2/05 -Bob, status? Kim 1013/05 -Per Bob, retain escrow for another year until 10/1/06. Kim 1012/06 - Bob, status? Please advise. Kim ............................................... _............... ................ ..._... .. _ .............. ..... ................._. __..__.. Q__ ___.____......._._...._....._......_._..._.._._.__..._......_.__._._...._..._._....__......._....._..._..._....__._.._._------ _._ �..�.-�...". ...... _....__.__.17n.R".7.�GL.1J..._._.._..*_—..__.__...._._..._...._._.__..........._...__—_.._.._._._.____._..._. --- ...----- ...._..........._..._._.------- _.._.__—..._._.___..._.___............ _.._._...... _.___.__..__...._...__._......____..._—___... a.__._ ......... _......... _.............. __................. _ 02006 LW -De Wd dCory. 'V2W.e w2 S=Slalus P-prb p"01 Jul 2000 lW us12 pi 2000 M T W T F S S M T W T F T F 1 1 2 3 4 51 2 - .9 4...5. 6 "a '6' ] 8 9 '0 11'12 ..9 ] 8 9 10 11 12 13 14.15 1 16 15 16 11 18 19 14 1516 1] 18 19 20 21'--2122. 23 24 25 26 21 22 23 2324 25 26 21 1% 282930 91 - 28 29 5b 30 71...._ ................_. .............................._.. _.. __.. Securities istalt Due S P Category Description 10/1/06 10/1/06 0 Escrows &Q Cash Escrow Ukewinds Food Coop Lot 1, Block 1, Villages on the Ponds 9th Building C-1 Planning Case #04-40 Boulevard Restoration ($2,500) & Erosion Control ($2,500) TOTAL -45,000 Received 5/9/05 Receipt #EF/6148 Check #120821 Notify Bob Generous 10/1/05 Total = $5,000 9/2/05 - Bob, status? Kim 10/3/05 - Per Bob, retain escrow for another year until 10/1/06. Kim 10/2106 - Bob, status? Please advise. Kim 10/6/06 - Per Bob okay to release entire escrow. Requested check from Finance on 10/9/06 to mail with letter on 10/12106. Kim 02W Lolu D"ebpmwt QO , If W& al 1041 AAI S-Slal,e P-Pnony Vagal M T W T F M T F S M T W T F 1 4 ..4_.5...8...,...8__.9 5 "..' 6 — 7 1 8 9 16 11 12 13 14 11"19 id ffY# H 12 13 1415 16 17 18 19 2821 2122232425 Y9,19 2621 L- 24 kswO m M -N -56"M 2626 27 28 29 .... ...... ..... .... ..... ............................ io Securities 10/1/06 1011/06 F Escrows M Cash Escrow Likewinds Food Coop Lot 1, Black 1, Villages on the Ponds 9th Building C-1 Planning Case #04-40 Boulevard Restoration ($2,500) & Erosion Control ($2,500) TOTAL -45,000 Received 5/9105 Receipt #EF16148 Check #120821 Notify Bob Generous 10/1/05 Total = $5,000 9/2/05 - Bob, status? Kim 10/3/05 - Per Bob, retain escrow for another year until 1011/05. Kim Gms�ow.ftm"P. I�GW23M S -Stalin P-PmMy P&W Meuwissen, Kim • From: Vernelle Clayton [vernelle@visi.com] Sent: Friday, October 13, 2006 11:57 AM To: Meuwissen, Kim Subject: RE: $5,000 City Escrow - Kinsale/Lakewinds Project OK. I think that still would be simpler from our end. -----Original Message ----- From: Meuwissen, Kim [mailto:kmeuwissen@ci.chanhassen.mn.us] Sent: Friday, October 13, 2006 11:52 AM To: Vernelle Clayton Cc: Sticha, Greg Subject: RE: $5,000 City Escrow - Kinsale/Lakewinds Project Vernelle, Unfortunately, an email will not work. Greg wants the authorization in hard copy on Amcon's letterhead. Kim Meuwissen City of Chanhassen Planning Secretary 952-227-1107 From: Vernelle Clayton [mailto:vernelle@visi.com] Sent: Friday, October 13, 2006 11:51 AM To: Meuwissen, Kim Subject: RE: $5,000 City Escrow - Kinsale/Lakewinds Project Would an email from Amcon containing the authorization suffice? -----Original Message ----- From: Meuwissen, Kim[mailto:kmeuwissen@ci.chanhassen.mn.us] Sent: Friday, October 13, 2006 11:46 AM To: Vernelle Clayton Cc: Sticha, Greg Subject: RE: $5,000 City Escrow - Kinsale/Lakewinds Project Vernelle, I spoke with Finance Director Greg Sticha, and he said that before we could issue the check to Kinsale, we would need a letter from Amcon authorizing release of the escrow to Kinsale. Otherwise, I could send the check to Amcon and they could reimburse you. Please let me know what you decide. Kim Meuwissen City of Chanhassen Planning Secretary 952-227-1107 From: Vernelle Clayton [mailto:vernelle@visi.com] Sent: Friday, October 13, 2006 11:39 AM To: Meuwissen, Kim Subject: FW: $5,000 City Escrow - Kinsale/Lakewinds Project Here's the way it worked at our end, so it would be simpler for us if it were refunded directly to Kinsale of 10/13/2006 Chanhassen, LLC. • -----Original Message ----- From: Scott Quiring [mailto:squiring@amconconstruction.com] Sent: Friday, October 13, 2006 6:47 AM To: Vernelle Clayton Subject: RE: $5,000 City Escrow - Kinsale/Lakewinds Project I do believe you are correct Vernelle. From: Vernelle Clayton [mailto:vemelle@visi.com] Sent: Thursday, October 12, 2006 8:13 PM To: Scott Quiring Subject: $5,000 City Escrow - Kinsale/Lakewinds Project I received a call today from Kim at the City of Chanhassen saying that the city was prepared to release the Erosion and Blvd Restoration security deposit of $5.000. She wondered to whom it should be released since it was submitted by Amcon. I have been carrying a refund of $5,000 on our books but thought I would check my records. The $5,000 was paid by Amcon to the City, but it was reimbursed to Amcon from funds drawn at the first draw following the funding at the closing of the construction loan and was a part of Change Order No. 1 in the total amount of $43,000. If you agree with me that the $5,000 to be refunded by the City should be forwarded to Kinsale rather than to Amcon, please reply to this email and I'll forward it on to Kim. Thanks. Vemelle Clayton 952-975-0444 10/13/2006 Meuwissen, Kim • From: Vernelle Clayton [vernelle@visi.com] Sent: Friday, October 13, 2006 11:39 AM To: Meuwissen, Kim Subject: FW: $5,000 City Escrow - Kinsale/Lakewinds Project Here's the way it worked at our end, so it would be simpler for us if it were refunded directly to Kinsale of Chanhassen, LLC. -----Original Message ----- From: Scott Quiring [mailto:squiring@amconconstruction.com] Sent: Friday, October 13, 2006 6:47 AM To: Vernelle Clayton Subject: RE: $5,000 City Escrow - Kinsale/Lakewinds Project I do believe you are correct Vernelle. From: Vernelle Clayton [mailto:vernelle@visi.com] Sent: Thursday, October 12, 2006 8:13 PM To: Scott Quiring Subject: $5,000 City Escrow - Kinsale/Lakewinds Project I received a call today from Kim at the City of Chanhassen saying that the city was prepared to release the Erosion and Blvd Restoration security deposit of $5.000. She wondered to whom it should be released since it was submitted by Amcon. I have been carrying a refund of $5,000 on our books but thought I would check my records. The $5,000 was paid by Amcon to the City, but it was reimbursed to Amcon from funds drawn at the first draw following the funding at the closing of the construction loan and was a part of Change Order No. 1 in the total amount of $43,000. If you agree with me that the $5,000 to be refunded by the City should be forwarded to Kinsale rather than to Amcon, please reply to this email and I'll forward it on to Kim. Thanks. Vernelle Clayton 952-975-0444 10/13/2006 Securities kiiiiiiij_ _. Due. _ S P Category Description C Escrows W Cash Escrow lakewinds Food Coop Lot 1, Block 1, Villages on the Ponds 9th Building CA Planning Case #04-40 Boulevard Restoration ($2,500) & Erosion Control ($2,500) TOTAL -45,000 Received 5/9/05 Receipt #EF16148 Check#120821 Notify Bob Generous Total = $5,000 020 LOM1 Deeebpme tCorp. 5 11"am s Ww P-Pfwft P�1 CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: AMCON Date: 05/09/2005 Time: 8:32am Receipt Number: EE / 6148 Clerk: BETTY BLVD EROSION ESCROW SITE PLAN 04-40 ITEM REFERENCE AMOUNT ------------------------------------------- ESCRW SITE PLAN 04-40 EROSION 2,500.00 BOULEVARD 2,500.00 --------------- Total: 5,000.00 Check 120821 5,000.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! • OCANNZO RECEIPT 'tn OF 7700 MARKET BLVD. • P.O. BOX 147 CHORSSEN�AN E: (52) MN 100 HONE: (952) 227-1100 RECEIVED OF �C�in DATE No. 77925 7 �S Invoice Invoice No. Date Description Gross Amount Retainage 76900 05/03/05 Job# 76900/1/0160.00 5,000.00 Check #: 120821 05/03/05 30991 City of Chanhassen 5,000.00 .00 REORDER FORM *665L (1 PART) Discount Payment Amount 5,000.00 .00 $5,000.00 USE WITH COMPANION ENVELOPE #44005 ♦CANNY • • 6y - Lk) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Planning Case No. 04-40 Village on the Ponds Building C-1 (Food Coop) Application of VOP I, LLC for Site Plan Review with a variance from the commercial design standards to permit less than fifty (50) percent of the first floor fagade that is viewed by the public to include transparent windows and/or doors. On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of VOP I, LLC for a site plan review with a variance from the commercial design standards for the property located at the southeast corner of Lake Drive and Great Plains Boulevard. The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD, Mixed Use. 2. The property is guided by the Land Use Plan for Mixed Use. 3. The legal description of the property is: Outlot A, Villages on the Ponds 81h Addition to be platted as Lot 1, Block 1, Villages on the Ponds 9a' Addition. 4. Site Plan Findings: aiNNVOs 0 0 (1) The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) The proposed development is consistent with the site plan review requirements; (3) The proposed development is designed to be in keeping with the general appearance of the neighboring developed or developing areas; (4) The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance to the design standards unless they find the following facts: a. The literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. The use of the building requires that some areas not have windows, e.g., storage and coolers. The developer is proposing a reasonable alternative, which provides additional building articulation and architectural detailing. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The city design 0 0 standards require that buildings have 50 percent windows. However, the function of a commercial -retail building requires that some areas not have openings. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate the use of the site for a grocery. d. The alleged difficulty or hardship is not a self-created hardship. The use of the building for a coop grocery is permitted in the zoning district, but the standards interfere with the operation of the store. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Development of the site will enhance the neighborhood and community. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 6. The planning report #04-40 dated November 16, 2004, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the site plan review with a variance from the commercial design standards to permit less than fifty (50) percent transparent windows and/or doors on the first floor fagade that is viewed by the public. ADOPTED by the Chanhassen Planning Commission this 16th day of November, 2004. CHANHASSEN PLANNING COMNUSSION BY:� Its Chairman gAplan12004 planning cases\04-00 - village on the ponds building c-1 food coopVindings of fact.doc 3 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of VOP I, LLC for Site Plan Review with a variance from the commercial design standards to permit less than fifty (50) percent of the first floor fagade that is viewed by the public to include transparent windows and/or doors. On November 16, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of VOP I, LLC for a site plan review with a variance from the commercial design standards for the property located at the southeast corner of Lake Drive and Great Plains Boulevard. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD, Mixed Use. 2. The property is guided by the Land Use Plan for Mixed Use. 3. The legal description of the property is: Outlot A, Villages on the Ponds 8`s Addition to be platted as Lot 1, Block 1, Villages on the Ponds 9th Addition. 4. Site Plan Findings: (1) The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) The proposed development is consistent with the site plan review requirements; (3) The proposed development is designed to be in keeping with the general appearance of the neighboring developed or developing areas; (4) The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance to the design standards unless they find the following facts: a. The literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. The use of the building requires that some areas not have windows, e.g., storage and coolers. The 0 P developer is proposing a reasonable alternative, which provides additional building articulation and architectural detailing. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The city design standards require that buildings have 50 percent windows. However, the function of a commercial -retail building requires that some areas not have openings. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate the use of the site for a grocery. d. The alleged difficulty or hardship is not a self-created hardship. The use of the building for a coop grocery is permitted in the zoning district, but the standards interfere with the operation of the store. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Development of the site will enhance the neighborhood and community. L The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 6. The planning report #04-40 dated November 16, 2004, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the site plan review with a variance from the commercial design standards to permit less than fifty (50) percent transparent windows and/or doors on the first floor fagade that is viewed by the public. ADOPTED by the Chanhassen Planning Commission this day of '2004. CONWISSION M CHANHASSEN PLANNING n Its Chairman Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Broke John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt •Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 w .ck-law.com 0 0 JLl-Lk-) CAMPBELL KNUTSON Professional Association September 30, 2005 Ms. Kim Meuwissen Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Villages on the Ponds 9'h Addition Dear Kim: RECEIVED OCT U 3 2005 CITY OF CHANHASSEN Enclosed herewith for your files is a copy of the recorded Site Plan Permit #04-40 for Villages on the Ponds 91h Addition. Please note that this Site Plan was recorded with the Carver County Recorder on April 29, 2005, as Document No. A 413057. cjh Enclosure Very truly yours, Campbell Knutson Professional Asso ' tion By: Carole J. Hoeft O* Legal Assistant SCANNED 0 0 Document No. OFFICE OF THE ANN411I3057 COUNTY RECORDER �INIINI � � , MINNEW �R$E20.50UhecW: 360 Certified Recorded on 0429-2005 at 02:30 ❑AM F 2005-114-29 IIYIII County R 4 CITY OF CHANHASSEN SITE PLAN PERMIT #04-40 SPECIAL PROVISIONS AGREENHE�UT dated December 13, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Kinsale of Chanhassen, LLC (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a an 18,188 square foot commercial building with a variance from the commercial design standards to permit less than fifty (50) percent of the first floor faqade that is viewed by the public to include transparent windows and/or doors (referred to in this Permit as the "project'). The land is legally described as Lot 1, Block 1, Village on the Ponds 9`s Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: NCS -LSF -3 -MRS (KB) I SCANNED 0 0 Plan A—Site Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. Plan B—Grading, Drainage, and Utility Plan dated October 15, 2004, prepared John Oliver & Associates, Inc Plan C—Landscaping Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2005. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $5,000.00 ($2,500 - boulevard restoration and $2,500 - erosion control). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping. 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 certified mail at the following address: Kinsale of Chanhassen, LLC c/o Ms. Vernelle Clayton Lotus Realty Services, Inc. P. O. Box 235 Chanhassen, MN 55317 2 0 Ll Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Planning Case #0440 as shown on the plans dated October 15, 2004 and subject to the following conditions: a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. Outlot B, Village on the Ponds 8`" Addition must be replatted into a Lot and Block configuration prior to issuance of a building permit. c. The sidewalk in the northeast comer of the site shall be connected to the sidewalk on Lake Drive. d. The developer shall install bicycle racks on site. e. All landscape islands and peninsulas in the parking lot requiring trees must have a minimum inside width of ten feet. f. Two overstory trees are required in the parking lot. g. A total of seven bicolor oaks are required along Great Plains Boulevard. h. A revised landscape plan shall be submitted to the city prior to building permit approval. i. The building must be protected with an automatic fire sprinkler system. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. k. An eight foot wide access aisle must be provided for one of the accessible parking locations. 1. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. in. The City's standard detail plate for silt fence installation shall be included in the construction plans. 3 I n. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. o. 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 Sloe Time (maxisu Nue an am us remu uve"kd Steever than 3 7 MYS 10:1 to 361 14 DOg Flatter than 10:1 21 Mys Daily scraping and sweeping of streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. P. All plans must be signed by a registered Civil Engineer in the State of Minnesota q. Show the dimensions of the new parking stalls on the site plan. The new parking stalls are required to be 9 -feet wide by 18 -feet long. r. Add the latest City standard detail plate nos. 5203, 5214, 5215, 5300, 5301. s. On the gradinglutility plan: (1) City as-builts show the size of the existing sanitary service as 6 -inch diameter, revise the proposed pipe size shown on the plans to comply. (2) Show the proposed sanitary sewer service invert. (3) Show all proposed contours. (4) Show a minimum 75 -foot rock construction entrance. (5) Revise the size of the proposed storm sewer to be a maximum of 12 -inch diameter. (6) Revise the plan to show the correct elevation contours and spot elevations. t. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. u The applicant must show the location/elevation of an emergency overflow point for the parking lot that is 1.5 -feet lower than the proposed building elevation. Storm sewer sizing calculations are required to be submitted at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. W. Sanitary sewer and water hookup charges will be applicable for the new building. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for 4 0 0 watermain_ The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. 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. X. The minimum drive aisle width required for the parking lot is 26 -feet. Revise the plans to comply. An NPDES permit from the MPCA must be obtained for the site grading. Z. The northbound lanes of Great Plains Boulevard, south of Lake Drive, must be striped for a left -through lane and a right -tum only lane along with appropriate signage. as Extend the pick up area to include the area of the two handicap stalls directly adjacent to the pick up area and relocate the handicap stalls to the south portion of the building. bb. Fire Marshal conditions: (1) A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. (2) Yellow curbing and "No Parking Fire Lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. (3) Submit utility plans to Fire Marshal for review and approval. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CIT Ry. P t S BY. (SEAL) Thomas A. Furlong, Mayor A,/JL "44� AND: dd Gerhardt, City Manager 0 STATE OF MINNESOTA (ss COUNTY OF CARVER Ll DEVELOPER: /fin of C* fh4I " - At e. BY: �l��i�l1L Its The foregoing instrument was acknowledged before me this..day of 200S by Thomas A. Furlong, Mayor, and. by Todd Gerhardt, City Manager, of the City of Chanbassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOWY PUBLIC &KARENENGELWIRDT STATE OF MINNESOTA ) Ac -Minnesota a ;w .. ( ss. COUNTYOF C� 4t," ) The foregoing instrument was acknowledged before me this Z 04day of 2005 by Vice President of Kinsale of Chanhassen, LLC, a Minnesota limitdd liability Cot Panl, crits behalf. ARY PUBLIC DRAFCED BY: City of Chanhassen 14Z 7700 Market Bwkvard CNmh&gwn, MN 55317 (952)227-1100 11 0 CONSENT 0 Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this o&day ofc ` _, 200 r2� STATE OF MINNESOTA ) /� ( ss COUNTY OF (+�/z, AtA/ ) Z-4 C By Vice PAC5. The foregoing instiumen/t� was acknowledged before me this �7 � day of 200., by-Iky>,t� Vice President of VOP I, LLC, a Minnesota limited liabAlity company,,n its behalf. DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 :r - L_ sY. Y PUBLIC SITE PLAN PERMIT to ti ►II YY�► 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit. 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 property to perform all work and inspections deemed appropriate by the City in conjunction with site plan development 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary 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. S. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by 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 0 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 fust given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Se ice The Developer shall provide for the maintenance of postal service in accordancewith the local Postmaster's request. C. Third Parries Third parties shall have no recourse against the City under this 10 D. Rrmnh of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. `vera—hility. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waiverc/Amendmentc, The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. i. Remedies Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours The normal construction hours and maintenance of equipment under this contract shall be from 7:00 am. to 9:00 p.m. on weekdays, from 9:00 am. 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 hour; will require City Council approval. K. Soil Treatment 4ystern . 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. C oma lianrn with t awg, Ordinances, and Regulations In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract 12 N. Soil Conrlitionc 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 barmless the City, its governing body members, offoem 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. Sniff Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 CITY OF CHANHASSEN SITE PLAN PERMIT #04-40 SPECIAL PROVISIONS AGREEMENT dated December 13, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Kinsale of Chanhassen, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a an 18,188 square foot commercial building with a variance from the commercial design standards to permit less than fifty (50) percent of the first floor fagade that is viewed by the public to include transparent windows and/or doors (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Village on the Ponds 9a' Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: 1 SCANNED 0 w Plan A—Site Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. Plan B—Grading, Drainage, and Utility Plan dated October 15, 2004, prepared John Oliver & Associates, hie Plan C—Landscaping Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2005. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $5,000.00 ($2,500 - boulevard restoration and $2,500 - erosion control). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping. 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 certified mail at the following address: Kinsale of Chanhassen, LLC c/o Ms. Vemelle Clayton Lotus Realty Services, Inc. P. O. Box 235 Chanhassen, MN 55317 2 0 0 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Planning Case #0440 as shown on the plans dated October 15, 2004 and subject to the following conditions: a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. Outlot B, Village on the Ponds 8`s Addition must be replatted in to a Lot and Block configuration prior to issuance of a building permit. c. The sidewalk in the northeast corner of the site shall be connected to the sidewalk on Lake Drive. d. The developer shall install bicycle racks on site. e. All landscape islands and peninsulas in the parking lot requiring trees must have a minimum inside width of ten feet. f. Two overstory trees are required in the parking lot. g. A total of seven bicolor oaks are required along Great Plains Boulevard. h. A revised landscape plan shall be submitted to the city prior to building permit approval. i. The building must be protected with an automatic fire sprinkler system. j. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. k. An eight foot wide access aisle must he provided for one of the accessible parking locations. 1. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. m. The City's standard detail plate for silt fence installation shall be included in the construction plans. 3 0 0 n. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. o. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Te of S10 a Time (maximum dme an area can remain unvegemted areawhen is not actively being worked SteeW than 3:1 7 Da s 10:1 to 3:1 14 Days Flatter than 10:1 21 Days Daily scraping and sweeping of streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. P. All plans must be signed by a registered Civil Engineer in the State of Minnesota. q. Show the dimensions of the new parking stalls on the site plan. The new parking stalls are required to be 9 -feet wide by 18 -feet long. Add the latest City standard detail plate nos. 5203, 5214, 5215, 5300, 5301. S. On the gradinglutility plan: (1) City as-builts show the size of the existing sanitary service as 6 -inch diameter; revise the proposed pipe size shown on the plans to comply. (2) Show the proposed sanitary sewer service invert. (3) Show all proposed contours. (4) Show a minimum 75 -foot rock construction entrance. (5) Revise the size of the proposed storm sewer to be a maximum of 12 -inch diameter. (6) Revise the plan to show the correct elevation contours and spot elevations. t. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. U. The applicant must show the location/elevation of an emergency overflow point for the parking lot that is 1.5 -feet lower than the proposed building elevation. V. Storm sewer sizing calculations are required to be submitted at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. W. Sanitary sewer and water hookup charges will be applicable for the new building. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for Cl 0 0 watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. 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. X. The minimum drive aisle width required for the parking lot is 26 -feet. Revise the plans to comply. y. An NPDES permit from the MPCA must be obtained for the site grading. Z. The northbound lanes of Great Plains Boulevard, south of Lake Drive, must be striped for a left -through lane and a right -tum only lane along with appropriate signage. as Extend the pick up area to include the area of the two handicap stalls directly adjacent to the pick up area and relocate the handicap stalls to the south portion of the building. bb. Fire Marshal conditions: (1) A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. (2) Yellow curbing and "No Parking Fire Lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. (3) Submit utility plans to Fire Marshal for review and approval. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CTI'YCSyE��AN�HAS�� BY. Thomas A. Furlong, Mayor (SEAL) AND:—�UA dd Gerhardt, City Manager 0 0 STATE OF MINNESOTA (ss COUNTY OF CARVER DEVELOPER. kinC-qa A A.1' L,AC I Its ��GGP/ 74.9A ' The foregoing instrument was acknowledged before me this Z Wday of 200! 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. STATE OF MINNESOTA ( ss. B NO Y PUBLIC KAREN J.ENGELHARDT Notary Public -Minnesota w My Commlulon Espinm Jan 31, 2010 COUNTY OF ) The foregoing instrument was acknowledged before me this g qday of 200 by 'V<- ARY PUBLIC 11 ate" . a KAREN J. ENGELHARDT DRAFTED BY: Z Notary Pubiic-Minnesota City of Chanhassen �� , My CortvnNalan "Jan 31, 2010 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 11 0 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 4—, 200 V«&– -p,21:5. STATE OF MINNESOTA (ss COUNTY OF eA&V_ta/ ) The foregoing instrumentwasacknowledged before me this �� day of 200-.5-, by NO Y PUBLIC KAREN J. ENGELHARDT Notary Public -Minnesota A C*WrA"W Ef! !49 den 31, 2010 DRAT rED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit. 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 property to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion ControL Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed 8 0 • 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 materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by 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 Yj 0 0 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 constriction Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Podal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this 10 • 0 Permit. D. Breach of Cnntract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. SeverabilitT. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Qccupanc}. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and maybe 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, 11 0 0 power or remedy. J. C'onctn,ction 14nn,c_ The normal construction hours and maintenance of equipment under this contract shall be from 7:00 am. to 9:00 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 System-. 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. Complianceh laws; Ordinances, and RPgulatione. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. IVA a 0 N. Soil Condition ¢. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 It 0 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 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 LETTER OF TRANSMITTAL DATE LUR 04-15 Carole Hoeft on the Ponds 9th Add. M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ _ � -14Q�j COPIES DATE NO. DESCRIPTION 1 4/25/05 Signed Consent to Plat from M & I Bank 1 4/12/05 1" = 200' scale reduction of plat 1 12/13/04 Revised sheets #1-3 & 7 of Site Plan Agreement ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Review & recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US 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 Review & recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Here are the items you had requested for the Villages on the Ponds 9"' Add. project. Please remove & replace the attached sheets from the site plan agreement. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner Paul Oehme, City Engineer r SIGNED: /v (Matt Sa , (952) 227-1164 SCANNED N enclosures are not as noted, kindly notify us at once. 05/08/2005 13:20 FAA 852 884 3Q48 J uLIVEK A550C BUNNSVILL CONSENT TO PLAT • w3uu1 This Indenture is made this A,) day of 2005, by M & I Marshall & Ilsley, Bank, a Wisconsin banking association, being mortgagee of the land in Carver County, Minnesota, described as follows: Oudot B. VILLAGES ON THE PONDS EIGHTH ADDITION, according to the recorded plat thereof, Carver County, Minnesota. The undersigned does hereby approve and consent to the making and filing of the plat known as VILLAGES ON THE PONDS NINTH ADDITION with the County Recorder in and for said County of Carver and State of Minnesota. In testimony whereol, M & I Marshall & Ilsley, Bank, a Wisconsin banking association, has caused this document to be executed the day, month and year first above written. M & I Marshpll & Il14ley, Bank State of Minnesota County of NPnnr�o,,� The foregoing instrument was acknowledged before me this Zik day of 2005, by tj Arl4k1 M X STb Cl: t< , the V.P. a Vt,f lni ESS of M & I M'tfshall & Ilsley, Bank, a Wisconsin banking association, on behalf of the association. Notary Public, _ y /IsetnJ County, MN My Commission Expires: Ol-.� I o7 - SUZANNE MARY MUIR -V Notary Public Minnesota 1#y Cmmmlum& *u AMary 31, 2107 John Oliver & Associates, Inc. 201 West Travelers Trail, Suite 200 Burnsville, MN 55337 I c I Eiz I _ t I 1 1j a F a3 —`__--_-1_—_---_--_--_ c { t zz: at tt Yid i i I }t I lit I g } { t ilk I }4 !FgqBa� LLL f ! i li N gt �2 t to s it ;d? _tta Z iti Ali J CI \ \ I 0 ------�-----� - \ .yam ,� 0 \ I I \ I I I I I 1 —J L—_—_ 2 � I s - s Zj F E 3Y OL [ t W pFe g Y a �EE 6 5 all =A I c Eiz I t T= 1 1j a F IA c { t tt Yid i i I }t I lit g } { t ilk I }4 !FgqBa� LLL f ! i li N gt �2 t to s it ;d? _tta Z iti Ali I CITY OF CHANHASSEN SITE PLAN PERMIT #04-40 SPECIAL PROVISIONS AGREEMENT dated December 13, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City'), and Kinsale of Chanhassen, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a an 18,188 square foot commercial building with a variance from the commercial design standards to permit less than fifty (50) percent of the first floor fagade that is viewed by the public to include transparent windows and/or doors (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Village on the Ponds 9th Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: 1 r 0 0 Plan Amite Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. Plan B—Grading, Drainage, and Utility Plan dated October 15, 2004, prepared John Oliver & Associates, Inc Plan C—Landscaping Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2005. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $5,000.00 ($2,500 - boulevard restoration and $2,500 - erosion control). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping. 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 certified mail at the following address: Kinsale of Chanhassen, LLC c/o Ms. Vemelle Clayton Lotus Realty Services, Inc. P. O. Box 235 Chanhassen, MN 55317 R 0 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Planning Case #04-40 as shown on the plans dated October 15, 2004 and subject to the following conditions: a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. Outlot B, Village on the Ponds 8t° Addition must be replatted in to a Lot and Block configuration prior to issuance of a building permit. c. The sidewalk in the northeast comer of the site shall be connected to the sidewalk on Lake Drive. d. The developer shall install bicycle racks on site. e. All landscape islands and peninsulas in the parking lot requiring trees must have a minimum inside width of ten feet. f. Two overstory trees are required in the parking lot. g. A total of seven bicolor oaks are required along Great Plains Boulevard. h. A revised landscape plan shall be submitted to the city prior to building permit approval. i. The building must be protected with an automatic fire sprinkler system. j. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. k. An eight foot wide access aisle must be provided for one of the accessible parking locations. 1. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. in. The City's standard detail plate for silt fence installation shall be included in the construction plans. 3 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this e&day of —, 200 Vrce T",Q.E5. STATE OF MINNESOTA //�� ( ss COUNTY OF (-,&k,t ) The foregoing instrumen/tt nwas acknowledged before me this Z7 rh day of 200 S , by FM4e� NO Y PUBLIC KAREN J. ENGELHARDT Notary Public -Minnesota QOIIMIIIMIBH den 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter • LETTER OF TRANSMITTAL DATE JOB NO. 4/27/05 LUR 04-15 ATTENTION Carole Hoeft RE: Villages on the Ponds 91h Add. ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ 04 -'4d COPIES DATE NO. DESCRIPTION 1 12/13/04 Signed Full Size Final Plat Mylar 1 2/25/05 Title information for property 1 12/2/04 Breakdown of City Administration Fees 1 12/13/04 Site Plan Agreement #04-40 ❑ For review and comment ® For Review & recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US 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 Review & recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Here are the items to be recorded for the Villages on the Ponds 91" Add. project. I left you a voicemail on this project today. The developer is closing on this property tomorrow (Thursday) at 1:30pm. The closing company is First American Title and the closer is Jim Erickson, ph. # 612-305-2005. Please coordinate with Jim to have the plats couriered over to him tomorrow for the closing. We haven't received the admin. fees yet. They plan to courier us a check for the admin. fees from the closing proceeds. You should provide instructions for this in your letter when you release the plat and site plan agreement. Please copy me on this. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner Paul Oehme, City Engineer SIGNED: 7#M Matt Saa , (952) 227-1164 If enclosures are not as noted, kindly notify us at once. ec"NED 0 CITY OF CHANHASSEN VILLAGES ON THE PONDS 9TH ADD. LUR NO. 04-15 BREAKDOWN OF ADMINISTRATION FEES - 12/2/04 Based on $0 of Estimated Public Improvements 3% of Public Improvem6nt Costs (up to $500,000) $ Final Plat Process (Attorney Fee for Review and Recording of $ 450.00 Plat and Development Contract) Recording Fees a. Plat Filing $ 30.00 Park Fees 1.35 Acres @ $7,000/ac Surface Water Management Fee GIS Fee ($25/plat and $10/parcel) TOTAL ADMINISTRATION FEES Villages 9th FEE.xls $ 9,450.00 $ 17,820.00 $ 35.00 $ 27,785 0 CITY OF CHANHASSEN SITE PLAN PERMIT #04-40 SPECIAL PROVISIONS AGREEMENT dated December 13, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and VOP I, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a an 18,188 square foot commercial building with a variance from the commercial design standards to permit less than fifty (50) percent of the fust floor fagade that is viewed by the public to include transparent windows and/or doors (referred to in this Permit as the "project"). The land is legally described as Lot 1,'Block 1, Village on the Ponds 0 Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and fiunish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: 1 0 0 Plan A—Site Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. Plan B—Grading, Drainage, and Utility Plan dated .October 15, 2004, prepared John Oliver & Associates, Inc Plan C—Landscaping Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2005. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $5,000.00 ($2,500 - boulevard restoration and $2,500 - erosion control). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping. 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 certified mail at the following address: Kinsale of Chanhassen, LLC c/o Ms. Vemelle Clayton Lotus Realty Services, Inc. P. O. Box 235 Chanhassen, MN 55317 0 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Planning Case #04-40 as shown on the plans dated October 15, 2004 and subject to the following conditions: a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. Outlot A, Village on the Ponds 8's Addition must be replatted in to a Lot and Block configuration prior to issuance of a building permit. c. The sidewalk in the northeast corner of the site shall be connected to the sidewalk on Lake Drive. d. The developer shall install bicycle racks on site. e. All landscape islands and peninsulas in the parking lot requiring trees must have a minimum inside width of ten feet. f. Two overstory trees are required in the parking lot. g. A total of seven bicolor oaks are required along Great Plains Boulevard. h. A revised landscape plan shall be submitted to the city prior to building permit approval. i. The building must be protected with an automatic fire sprinkler system. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. k. An eight foot wide access aisle must be provided for one of the accessible parking locations. 1. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. m. The City's standard detail plate for silt fence installation shall be included in the construction plans. 0 0 n. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. o. 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 am can remain navegetated when am is not actively beine worked) Sten r than 3:1 7 Days 10:1 to 3:1 14 Das Flatter than 10:1 21 Days Daily scraping and sweeping of streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. P. All plans must be signed by a registered Civil Engineer in the State of Minnesota q. Show the dimensions of the new parking stalls on the site plan. The new parking stalls are required to be 9 -feet wide by 18 -feet long. r. Add the latest City standard detail plate nos. 5203, 5214, 5215, 5300, 5301. S. On the grading/utility plan: (1) City as-builts show the size of the existing sanitary service as 6 -inch diameter, revise the proposed pipe size shown on the plans to comply. (2) Show the proposed sanitary sewer service invert. (3) Show all proposed contours. (4) Show a minimum 75 -foot rock construction entrance. (5) Revise the size of the proposed storm sewer to be a maximum of 12 -inch diameter. (6) Revise the plan to show the correct elevation contours and spot elevations. t. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. U. The applicant must show the location/elevation of an emergency overflow point for the parking lot that is 1.5 -feet lower than the proposed building elevation. V. Storm sewer sizing calculations are required to be submitted at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. W. Sanitary sewer and water hookup charges will be applicable for the new building. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for H 0 watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. 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. X. The minimum drive aisle width required for the parking lot is 26 -feet. Revise the plans to comply. y. An NPDES permit from the MPCA must be obtained for the site grading. Z. The northbound lanes of Great Plains Boulevard, south of Lake Drive, must be striped for a left -through lane and a right -turn only lane along with appropriate signage. aa. Extend the pick up area to include the area of the two handicap stalls directly adjacent to the pick up area and relocate the handicap stalls to the south portion of the building. bb. Fire Marshal conditions: (1) A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. (2) Yellow curbing and "No Parking Fire Lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. (3) Submit utility plans to Fire Marshal for review and approval. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITYCSS��' BY. Thomas A. Furlong, Mayor (SEAL) AND: d Gerhardt, City Manager STATE OF MINNESOTA (as COUNTY OF CARVER DEVELOPER: Kin of CN m*5}bW. L.�c BY: Its vG�GGei i/t?4• The foregoing instrument was acknowledged before me this i day of 200 S 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. G' NO Y PUBLIC KAREN J.ENGELHARDT STATE OF MINNESOTA ) Notary Public -Minnesota My CommWim m Jan 31, 2010 ( ss. 10'm COUNTY OF ) The foregoing instrument was acknowledged before me this g qday of S 200by /OtA,ri.�.u�- (.QG ARY PUBLIC KAREN J.ENGELHARDT DRAFTED BY: Notary Public -Minnesota City of Chan L;sm MY �1ad1alal Jen 31, 2010 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 0 Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of _ DTA DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 200_ Lam was acknowledged before me this day of 7 NOTARY PUBLIC r SITE PLAN PERMIT � I t L 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit. 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 property to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed 8 0 0 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 materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by 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 C9 0 0 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 accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailer;. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parries_ Third parties shall have no recourse against the City under this IR 0 0 Permit D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. SeyP�. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract F. Occupanc3c. 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. Waiver -/Amendment-. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall nm with the land and maybe recorded against the title to the property. 1. 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, 11 power or remedy. J. C onctmrtion Hours The normal construction hours and maintenance of equipment under this contract shall be from 7:00 am. to 9:00 p.m. on weekdays, from 9:00 am. 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. Snit Treatment Sygems If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alterative 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 Taws, Ordinances, and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Arany Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title, Upon request, the Developer shall famish 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 Development Contract. 12 0 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 hamiless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 Form No. 1068-2 • ALTA Plain Language Commitment is—= f4 is Comont No.: NCS-144943-MPLS Page Number:1 First American Title Insurance Company National Commercial Services 1900 Midwest Plaza West 801 Nicollet Mall Minneapolis, MN 55402-2504 February 25, 2005 Ms. Vernelle Clayton Lotus Realty 551 West 78th Street Chanhassen, MN 55317 Title Officer: Phone: Order Number: Property: Jim Erickson 612-305-2005 NCS-144943-MPLS Chanhassen, Minnesota Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First. First American Title Insurance Company Form No. 1066-2 ALTA Plain Language Commitmen fitment No.: NCS-144943-MPLS ge Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insured 3. Interest in the Land and Owner 4. Description of the Land Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. First American Title Insurance Company Page Form No. 1068-2 • Con+ent No.: NCS-144943-MPLS ALTA Plain Language Commitment Page Number:3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. First American Title Insurance Company Form No. 1066-2 ALTA Plain Language Commitnen Revision Information: SCHEDULE A 1. Commitment Date: January 24, 2005 at 7:30 A.M. 2. Policy or Policies to be issued: (A) ALTA Owner's Policy 1992 ALTA Owner's Policy Proposed Insured: TO BE DETERMINED (B) ALTA Loan Policy Proposed Insured: Omitment No.: NCS-144943-MPLS Page Number:4 Amount $TO BE DETERMINED 3. The interest in the land described in this Commitment is owned, at the Commitment Date, by: VOP I, LLC, a Minnesota limited liability company Fee Simple 4. The land referred to in this Commitment is described in Schedule C. INFORMATIONAL NOTES 1. If there are any questions concerning this commitment, please contact Jim Erickson at 612-305- 2005 or via e-mail at jerickson@firstam.com . 2. Abstract Property, Carver County, Minnesota. No abstract of title was furnished to First American Title. 3. Property Address: Chanhassen, Minnesota First American Title Insurance Company Form No. 1068-2 • ALTA Plain Language Commitment SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: Con*ent No.: NCS-144943-MPLS Page Number: 5 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. Evidence satisfactory to the Company that the execution and delivery of the instruments evidencing the estates to be insured were properly authorized. 5. The standard form of Seller's and/or Purchaser's Affidavit, satisfactory to the Company, is required. 6. Record the plat of Villages on the Ponds Ninth Addition in the office of the Carver County Recorder. Real estate taxes payable in the year of recording must be paid in full. First American Title Insurance Company Form No. 1068-2 ALTA Plain Language Commitmen SCHEDULE B SECTION TWO EXCEPTIONS Onitment No.: NCS-144943-MPLS Page Number: 6 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other fact which a correct survey would disclose, and which are not shown by public records. 3. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 4. Easements, claims of easement or encumbrances which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by law in the public records. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 7. Real estate taxes payable in the year 2004 in the amount of $14,442.00 total; first half paid, second half paid. Base tax: $14,442.00. Tax Parcel No. 25.8330040 8. Levied and pending special assessments, if any. Note: An assessment search has been ordered. First American Title Insurance Company Form No. 1068-2 • ALTA Plain Language Commitment Com4Vt No.: NCS-144943-MPLS Page Number: 7 9. Covenants, conditions, restrictions and obligations contained in PUD/Development Contract by and between the City of Chanhassen and Ausmar Development Company, LLC, filed December 31, 1996, as Document No. 205417; amended by Addendum "A" to Villages on the Ponds Development Contract/PUD Agreement dated September 22, 1997, filed June 11, 1999, as Document No. 251282; amended by Addendum "B" to Villages on the Ponds Development Contract/PUD Agreement dated May 11, 1998, filed August 13, 1998, as Document No. 233012; amended by Addendum "C to Villages on the Ponds Development Contract/PUD Agreement dated June 14, 1999, filed August 11, 1999, as Document No. 255115; amended by Addendum "D" to Villages on the Ponds Development Contract/PUD Agreement dated June 14, 1999, filed October 15, 1999, as Document No. 258780; amended by First Amendment to Villages on the Ponds Development Contract/PUD Agreement dated August 20, 2001, filed January 15, 2003, as Document No. 337542; amended by Second Amendment to Villages on the Ponds Development Contract/PUD Agreement dated November 26, 2001, filed May 7, 2002, as Document No. 315168; amended by Third Amendment to Villages on the Ponds Development Contract/PUD Agreement dated April 8, 2002, filed January 22, 2003, as Document No. 338091. 10. Covenants, conditions, restrictions, obligations and easements contained in Wetland Alteration Permit #96-5, filed December 31, 1996, as Document No. 205418. 11. Covenants, conditions, restrictions, obligations and easements, including common area easements, contained in Declaration for Common Interest Community No. 20, Villages on the Ponds, filed March 24, 1997, as Document No. 208539. 12. Public ponding easement in favor of the City of Chanhassen as evidenced in Final Certificate filed February 27, 1991, as Document No. 121904. 13. Construction and Maintenance Easement Agreement by and between Northcott Company, a South Dakota general partnership, and Ausmar Development Company, LLC, a Minnesota limited liability company, dated May 2, 2000, filed May 15, 2000, as Document No. 268941. 14. Terms and conditions of Drainage and Storm Sewer Easement Agreement by and between Northcott Company, a South Dakota general partnership, Ausmar Development Company, LLC, a Minnesota limited liability company, and Silo I, LLC, a Minnesota limited liability company, dated May 2, 2000, filed May 15, 2000, as Document No. 268942. 15. Terms and conditions of Drainage and Storm Sewer Easement Agreement by and between Lake Susan Apartment Homes, LLC, a Minnesota limited liability company, and Ausmar Development Company, LLC, a Minnesota limited liability company, dated May 26, 2000, filed June 5, 2000, as Document No. 269921. 16. Drainage and utility easements as shown on the recorded plats of Villages on the Ponds Second Addition and Villages on the Ponds Eighth Addition. 17. Restrictive Covenant dated November 27, 2002, filed December 27, 2002, as Document No. 335598. First American Title Insurance Company Form No. 1068-2 ALTA Plain Language Commitmen grtment No.: NCS-144943-MPLS ge Number: 8 18. Combination Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement executed by VOP I, LLC, a Minnesota limited liability company, dated February 20, 2004, filed February 23, 2004, as Document No. 380110, in the original principal amount of $1,470,000.00, in favor of M&I Marshall & Ilsley Bank, a Wisconsin banking corporation. (Also covers other land) 19. UCC Financing Statement by and between VOP I, LLC, as debtor, and M&I Marshall & Ilsley Bank, as secured party, filed February 23, 2004, as Document No. 380111. 20. Rights of tenants under unrecorded leases. FlrstAmencan Title Insurance Company Form No. 1068-2 ALTA Plain Language Commitment Schedule C Comment No.: NCS-144943-MPLS Page Number: 9 The land referred to in this Commitment is situated in the State of Minnesota, County of Carver, and described as follows: Outlot B, Villages on the Ponds Eighth Addition, Carver County, Minnesota. (To be platted as Lot 1, Block 1, Villages on the Ponds Ninth Addition) FlrstAmencan Title Insurance Company Form No. 1068-2fitment No.: NCS-144943-MPLS ALTA Plain Language Commitment a Number: 10 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Value$ a copy of which can be found on our website at www.firstam.com. FirstAmerican Tide Insurance Company Form No. 1068-2 • Con*ent No.: NCS-144943-MPLS ALTA Plain Language Commitment Page Number: 11 Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair -Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company US/08/2005 13:2U FAA 952 894 3U49 • J OLIVER ASSOC BURNSVILL CONSENT TO PLAT 40 Fool a)4-40 This Indenture is made this A' day of &1 2005, by M & I Marshall & Ilsley, Bank, a Wisconsin banking association, beirig mortgagee of the land in Carver County, Minnesota. described as follows: Outloi B. VILLAGES ON THE PONDS EIGHTH ADDITION, according to the recorded plat thereof, Carver County, Minnesota The undersigned does hereby approve and consent to the making and filing of the plat known as VILLAGES ON THE PONDS NINTH ADDITION with the County Recorder in and for said County of Garver and State of Minnesota In testimony whereof, M & I Marshall & Ilsley, Bank, a Wisconsin banking association, has caused this document to be executed the day, month and year first above written. M & I Marshpll & 11111ey, Bank State of Minnesota County of 1IPnaw,n The foregoing instrument was acknowledged before me this ,Zlk day of _, 2005, by f}N7i1ntv Y 6' CKf e _ __ , the V. P . B w i/v E.cC of M & I M I & Ilsley, Bank, a Wisconsin banking association, on behalf of the association. No�-taryA_Pu'blic, John Oliver& Associates, Inc. VV'� 1/': County, M/V 201 West Travelers Trail, Suite 200 My Commission Expires: C) I -o 7 Burnsville, MN 55337 suZANNia IAARY MLQR Notary PulAc Minnesota My CWmare,60= ARMY 31.20d SCANNED Building Inspections Re: Planning Case #04-40 Phone: 52.n7.7.1100 Site Plan Approval for an 18,188 square foot commercial building and Fax: 952.227.1190 PP 9 g Villages on the Ponds 9th Addition Engineering Phone: 952.227.1160 Dear Vemelle: Fax: 952.227.1170 Finance i • CITY OF #04..40 for the following: CHANHASSEN December 16, 2004 7700 Market Boulevard VOP I, LLC PBoz 147 Chanhassen, MN 55317 c/o Ms. Vemelle Clayton Fax: 952.227.1110 Lotus Realty Services, Inc. Administration P. O. Box 235 PFax:9522.27.11100 Fax: 952.227.1110 Chanhassen, MN 55317 Building Inspections Re: Planning Case #04-40 Phone: 52.n7.7.1100 Site Plan Approval for an 18,188 square foot commercial building and Fax: 952.227.1190 PP 9 g Villages on the Ponds 9th Addition Engineering Phone: 952.227.1160 Dear Vemelle: Fax: 952.227.1170 Finance On December 13, 2004, the Chanhassen City Council approved Planning Case Phone: 952.227.1140 #04..40 for the following: Fax: 952.227.1110 - Park & Recreation Site Plan approval for an 18,188 square foot commercial building with a variance Phone: 952227.1120 from the commercial design standards to permit less than fifty (50) percent of the Fax: 952.227.1110 - first floor fagade that is viewed by the public to include transparent windows Recreation Center 2310 Coulter Boulevard and/or doors, plans prepared by Milo Architecture Group, Inc., dated October 15, Phone:952227.1a00 2004, subject to the following conditions: Fax: 952.227.1404 Planning & 1. The applicant shall enter into a site plan agreement with the City and Natural Resources provide the necessary security to guarantee erosion control, site restoration Phone: 952.227.1130 and landscaping. Fax: 952.227.1110 Public Works 2. Outlot A, Village on the Ponds 8th Addition must be replatted in to a Lot 1591 Park Road and Block configuration prior to issuance of a building permit. Phone: 952.227.1 M Fac 952.227.1310 3. The sidewalk in the northeast corner of the site shall be connected to the Senior Center sidewalk on Lake Drive. Phone: 952.227.1125 Fax:952227.1110 4. The developer shall install bicycle racks on site. Web Site wwwdchanhassen.mn.us 5. All landscape islands and peninsulas in the parking lot requiring trees must have a minimum inside width of ten feet. 6. Two overstory trees are required in the parking lot. 7. A total of seven bicolor oaks are required along Great Plains Boulevard. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding Irai Is, and beautiful parks. A great place to live, work, and play. Ms. VemelleClayton� • December 16, 2004 Lakewinds and Village on the Ponds 9th Page 2 8. A revised landscape plan shall be submitted to the city prior to building permit approval. 9. The building must be protected with an automatic fire sprinkler system. 10. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 11. An eight foot wide access aisle must be provided for one of the accessible parking locations. 12. The building owner and or their representatives shall meet with the Inspections Division to discuss plan review and permit procedures. 13. The City's standard detail plate for silt fence installation shall be included in the construction plans. 14. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. 15. 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 [mximum m atime an area can remain unvegetated when area is not actio worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days Daily scraping and sweeping of streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. 16. All plans must be signed by a registered Civil Engineer in the State of Minnesota. 17. Show the dimensions of the new parking stalls on the site plan. The new parking stalls are required to be 9 -feet wide by 18 -feet long. 18. Add the latest City standard detail plate nos. 5203, 5214, 5215, 5300, 5301. 19. On the gradingtutility plan: Ms. Vemelle Clayton* • December 16, 2004 Lakewinds and Village on the Ponds 9th Page 3 a. City as-builts show the size of the existing sanitary service as 6 -inch diameter, revise the proposed pipe size shown on the plans to comply. b. Show the proposed sanitary sewer service invert. c. Show all proposed contours. d. Show a minimum 75 -foot rock construction entrance. e. Revise the size of the proposed storm sewer to be a maximum of 124nch diameter. f. Revise the plan to show the correct elevation contours and spot elevations. 20. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 21. The applicant must show the location/elevation of an emergency overflow point for the parking lot that is 1.5 -feet lower than the proposed building elevation. 22. Storm sewer sizing calculations are required to be submitted at the time of building permit application. The proposed storm sewer must be sized for a 10 -year storm event. 23. Sanitary sewer and water hookup charges will be applicable for the new building. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. 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. 24. The minimum drive aisle width required for the parking lot is 26 -feet. Revise the plans to comply. 25. An NPDES permit from the MPCA must be obtained for the site grading. 26. The northbound lanes of Great Plains Boulevard, south of Lake Drive, must be striped for a left -through lane and a right -tum only lane along with appropriate signage. 29. Extend the pick up area to include the area of the two handicap stalls directly adjacent to the pick up area and relocate the handicap stalls to the south portion of the building. Ms. Vemelle Clayton • • December 16, 2004 Lakewinds and Village on the Ponds 9th Page 4 30. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fine hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. c. Submit utility plans to Fire Marshal for review and approval. And, Final Plat approval for Villages on the Ponds 9th Addition subject to the following conditions: 1. The development shall comply with the landscape plan submitted and approved as part of the site plan for Planning Case #04-40 for Building C-1. Should that development not be constructed, the landscaping shall comply with the Village on the Ponds Development Design Standards as well as city ordinance requirements for site landscaping. 2. The development shall comply with the Development Design Standards for Village on the Ponds. 3. Fire lanes will be marked with the appropriate street signage and yellow curbing. Fire Marshal will determine fire lanes upon review of plans and final access routes and at that point determine exact placement of signs and yellow curbing. 4. Premises identification will be reviewed as specific buildings are being proposed. Chanhassen Fire Department/Fire Prevention Policy # 29-1992 will be used as basic criteria for numbering the buildings. Due to the complexity of this project, numbering on more than one side will be necessary as well as additional monument or directional signage. 5. The lowest floor elevation of buildings adjacent to ponds and wetland shall be a minimum of three (3) feet above the 100 -year high water level. 6. The applicant shall pay water quality fees of $10,254.60 and water quantity fees of $7,565.40. The SWMP fees totaling $17,820.00 are payable at time of final plat recording. Ms. Vemelle Clayton* • December 16, 2004 Lakewinds and Village on the Ponds 9th Page 5 7. The developer shall pay required administrative fees prior to the recording of the plat. 8. The applicant shall provide a copy of the covenants for review and approval by the City and shall be filed at the County with the final plat documents. 9. The applicant shall be responsible for obtaining the necessary permits from the regulatory agencies such as Carver County, the Minnesota Department of Health, MCES, Watershed District, Minnesota DNR, MPCA and MnDOT. 10. The applicant shall report to the City Engineer the location of any drain tiles found during construction. The applicant will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. 11. The developer shall pay $9,450.00 in park fees at the time of final plat recording. 12. The developer and future site users shall be required to incorporate street/plaza furniture, planting boxes, public art, bicycle racks, drinking fountains, etc. within the development and on individual site plans. Enclosed is a Site Plan agreement that must be executed and returned along with the required security prior to the issuance of a building permit for the project. Also enclosed is a breakdown of administrative fees for the project. Please return a check for the administrative fees in the amount of $27,785.00 with the plat documents. Two signed mylar copies of the final plat shall be submitted to our office for signatures along with any required easements and all required fees. Two 1"=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in Axf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. The city will submit all the necessary documents to Carver County for recording of the subdivision. Should you have any questions, please feel free to contact me at (952) 227- 1131. Sincerely, Robert Generous, AICP Senior Planner Enclosure c: Matt Saam, Assistant City Engineer Steve Torell, Building Official • 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION u Application of VOP I, LLC for Site Plan Review with a variance from the commercial design standards to permit less than fifty (50) percent of the first floor fagade that is viewed by the public to include transparent windows and/or doors. On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of VOP I, LLC for a site plan review with a variance from the commercial design standards for the property located at the southeast corner of Lake Drive and Great Plains Boulevard. The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD, Mixed Use. 2. The property is guided by the Land Use Plan for Mixed Use. 3. The legal description of the property is: Outlot A, Villages on the Ponds 8's Addition to be platted as Lot 1, Block 1, Villages on the Ponds 9`s Addition. 4. Site Plan Findings: 0 0 (1) The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) The proposed development is consistent with the site plan review requirements; (3) The proposed development is designed to be in keeping with the general appearance of the neighboring developed or developing areas; (4) The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance to the design standards unless they find the following facts: a. The literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. The use of the building requires that some areas not have windows, e.g., storage and coolers. The developer is proposing a reasonable alternative, which provides additional building articulation and architectural detailing. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The city design 2 standards require that buildings have 50 percent windows. However, the function of a commercial -retail building requires that some areas not have openings. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate the use of the site for a grocery. d. The alleged difficulty or hardship is not a self-created hardship. The use of the building for a coop grocery is permitted in the zoning district, but the standards interfere with the operation of the store. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Development of the site will enhance the neighborhood and community. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 6. The planning report #04-40 dated November 16, 2004, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan review with a variance from the commercial design standards to permit less than fifty (50) percent transparent windows and/or doors on the first floor fagade that is viewed by the public. ADOPTED by the Chanhassen Planning Commission this 16th day of November, 2004. CHANHASSEN PLANNING COMMISSION BY:� Its Chairman giplao\2004 planning cases\04-40 -village on the ponds building c-1 food cooffindings of fact.doc