CAS-15_STONE CREEK TOWN OFFICES (4)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: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone. 952.221.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning A
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
June 3, 2005
Community Bank: Chanhassen Office
Attn: Bill Traxler
455 Pond Promenade
P.O. Box 1177
Chanhassen, MN 55317
Re: Legal Description: Lots 1-26 inclusive, Block 1,
Stone Creek Town Office Condos
To whom it may concern:
This office has been requested to confirm certain facts and circumstances
concerning the current zoning and land use status of the above referenced
property:
The above referenced property is located within the corporate limits of the
City of Chanhassen, Carver County, Minnesota. Accordingly, the property is
under the jurisdiction and is required to comply with the building codes,
ordinances and regulations of the City of Chanhassen, Carver County,
Minnesota.
2. The property currently is located in a district with zoning classification of
Planned Unit Development, PUD, and a comprehensive plan designation of
Office/Industrial and Parks/Open Space. The zoning classification is
consistent with the comprehensive plan designation.
The use of the property for office condos is a permitted use under the
aforesaid zoning classification and is consistent with the aforesaid
comprehensive plan designation.
4. The property complies with the above stated current zoning classification and
all current zoning requirements and regulations applicable thereto, and also
complies with the above stated comprehensive plan designations and all
requirements applicable thereto.
5. Any future amendments to the zoning ordinance or development approvals
applicable to the property must be consistent with the aforesaid
comprehensive plan designation.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding bails, and beautiful parks. A gnat placeto live, work, and play.
Community Bank
June 3, 2005
Page 2
6. All utility services are available to the property including water, sanitary sewer, storm water,
electric, gas, and electric.
7. The property complies with all applicable subdivision and platting requirements and may be
sold as a separate parcel.
Please find enclosed flood zone information. Should additional information be required of this
office concerning the property, you may contact the undersigned.
Sincerely,
jo h Metzer
Planner I
Enclosures
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CITY OF CHANHASSEN
SITE PLAN PERMIT #2004-15
STONE CREEK TOWN OFFICES
SPECIAL PROVISIONS
AGREEMENT dated May 23, 2004, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Stone Creek Office Group, LLC (the
'Developer').
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of 5 three -unit and 2 five -unit office buildings (referred to in this
Permit as the "project'). The land is legally described as Lots 1-26, Block 1, and Outlots A and B,
Stone Creek Town Offices.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit and furnishes 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:
Plan A: Stone Creek Town Offices Cover Sheet, dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan B: Final Plat Signature Sheet, dated received April 13, 2004, prepared by E.G. Rud &
Sons, Inc.
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Plan C: Preliminary Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc.
Plan D: Final Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc.
Plan E: Preliminary Grading, Drainage, and Erosion Control Plan, received April 13, 2004,
prepared by Plowe Engineering, Inc.
Plan F: Preliminary Utility Plan, received April 13, 2004, prepared by Plowe Engineering,
Inc.
Plan G: Architectural Site Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Plan H: Landscape Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Plan I: Landscape, Signage & Trash Enclosure Details dated received April 13, 2004,
prepared by Mohagen Hansen Architectural Group.
Plan J: Site Photometric Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Plan K: Triple 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Plan L: Triple 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan M: Five 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Plan N: Five 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Plan O: Five 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan P: Triple 48'-0" Slab on Grade Plans dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan Q: Triple 48'-0" Slab on Grade Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
4. Time of Performance. The Developer shall install all required screening and
landscaping by June 15, 2005. The Developer may, however, request an extension of time from the
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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, cash escrow, or equivalent
("security") for $63,800 (Landscaping). This amount has been calculated at a rate of 110% of the
actual value of improvement and has been furnished with the Development Contract.
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Mark Undestad
Stone Creek Office Group, LLC
8156 Mallory Court
Chanhassen, MN 55317
(952) 361-0722
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. On May 24, 2004, the City Council approved Site
Planning Case 0415 for Stone Creek Town Offices as shown on the plans received April 13, 2004,
subject to the following conditions:
A. Environmental Resources Specialist Conditions:
1. Applicant shall increase landscape plantings in bufferyards to meet minimum
requirements. A revised landscape plan shall be submitted before final approval.
2. Applicant shall plant a minimum of 36 overstory trees in the parking lot to meet
minimum requirements.
3. Norway maple shall be replaced by a more suitable tree selection.
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B. Building Official Conditions:
1. Buildings (units) over 2000 sq. ft. in gross floor area are required to be protected
with automatic fire sprinklers.
2. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
3. An accessible route must be provided from the accessible parking spaces to the
entrances of all units. The maximum slope of the accessible route is 1/20.
4. Separate water, sewer and fire protection services must be provided for each piece
of property.
5. Exterior walls less than ten (10) feet from property lines must be of fine -resistive
rated construction in accordance with IBC Chapter 6 and terminate in accordance
with BBC Chapter 7.
6. Separate male and female restrooms must be provided in each unit with an
occupant load greater than 15, as determined by IBC Table 1003.2.2.2.
7. Detailed construction and occupancy related requirements cannot be reviewed
until complete plans are submitted.
8. The owner and or their representative shall meet with the Inspections Division as
soon as possible to begin the preliminary plan review process discuss permit
procedures.
C. On the site plan:
1. Revise the scale from 1 "=20' to 1"=40'.
2. Show the existing and proposed trail/sidewalk adjacent to the site.
3. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac
radius, curb return radii, stall lengths/widths, etc.
D. No direct access to Highway 5 is allowed.
E. All exposed soil areas shall have temporary erosion protection or permanent cover for the
exposed soil areas year round, according to the following table of slopes and time frames:
_Type of Sloe
Time (Maximum time an area can
remain open when the area
Steeper than 3:1
7 days is not actively being worked.)
10:1 to 3:1
14 days
Flatter than 10:1
21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
F. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as -needed.
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G. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with
their conditions of approval.
H. Each site shall provide areas for bicycle parking and storage.
I. The applicant shall provide a second trash enclosure area south of Lot 5 and relocate the
proposed trash enclosure to the south of Lot 18.
J. 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 insure fine hydrants and be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
2. Three additional fire hydrants will be required. Install 1 southwest of lot 11 in the
parking island. Install 1 southeast of lot 6 in the parking island. Install 1 in the
island between lots 20 and 21 on the south side on the building. If necessary,
please contact the Chanhassen Fire Marshal for the exact location. Fire Lane
signs and yellow curbing will be required. Contact the Fire Marshal for exact
location of signs and curbs to be painted.
K. Extend the sidewalks and relocate accessible parking access aisle as shown in attachment
1.
L. The applicant to work with staff to provide a walk on the south end skirting the parking
lot and over to the cul-de-sac, then loop around the cul-de-sac to the north to connect up
with the existing trail system.
M. Relocate the trash enclosure and add another one as indicated by staff. Duplicates
condition #9.
N. If entrances are granted on both sides of the southern buildings, there should be a walk on
the north side of the building.
O. The applicant will work with staff and MnDot to provide additional screening and
berming along Highway 5.
P. Turning radiuses on the site shall accommodate fire fighting vehicles.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
&I
(SEAL)
STATE OF MINNESOTA )
(as
COUNTY OF CARVER )
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CITY OF CHANHASSEN
n
Mayor
Manager
The foregoing instrument was acknowledged before me thi&rdday of K, 2004,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporpon and pursuant to the authority granted
by its City Council.
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STATE OF MINNESOTA )
COUNTY OF LjY (ss1
The foregoing instrument was acknowledged before me this ST day of lac.' -BE-e-
2004
BE-e .2004 by NiLIYJ�-- UyA&Sk-liCj
ARY
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KIM T. MEUWISSEN
NotMPublic- Minnesota
CARVER COUNTY
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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 ow ta'litn. 2004
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this) qday of,
2004 by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
-AA U%,
- KAREN d. ENGELHAROT
N0' PUblic Minnesota
My Commission Expires 1131[1005
VVNVVVVVVVVVVVVVVVV
CITY OF CHANHASSEN
SITE PLAN PERMIT
II.
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) 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, 3) the site
plan has been recorded with the County Recorder's Office of the County where the project is
located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
H
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 blowables, 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 maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable to 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 officers and employees for all costs, damages, or expenses, which
the City may pay or incur in consequence of such claims, including attomeys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
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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 Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from
the subject property within thirty (30) days following the issuance of a certificate of
occupancy unless otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
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F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this 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. Recordin¢. 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 under this contract shall be
from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays,
with no such activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction or dewatering
purposes beyond the normal working hours will require City Council approval.
I1
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative
sites are fust provided; the two soil treatment sites identified during the site plan
process for each lot. This shall be done prior to the issuance of a Grading Permit.
Any violation/disturbance of these sites shall render them as unacceptable and
replacement sites will rreed to be located for each violated site in order to obtain a
building permit.
L. Compliance with Laws, Ordinances, and Re ations. 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.
N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its
fitness for construction of the improvements or any other purpose for which the
Developer may make use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body members,
officers, and employees from any claims or actions arising out of the presence, if
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any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which
may exist.
g:\plan\2004 planning cases\04-15 - stone creek town offices\site plan agreement.doc
13
Building Inspections
0 0
Phone: 952.227.11 BO
December 30, 2004
CITY OF
the following motion:
CHONSEN
"The City Council approves the final plat for Planning Case 04-15 for Stone Creek
7700 Markel Boulevard
Mr. Mark Undestad
Po Box 147
Eden Trace Corp/Stone Creek Office Group LLC
Chanhassen, MN 55317
8156 Mallory Court
Administration
Chanhassen, MN 55317
Phone: 952.227.1100
1. The total SWMP fee, due payable to the City at the time of final plat
Fax: 952.227.1110
Dear Mr. Undestad:
Building Inspections
Phone: 952.227.11 BO
This letter is to formally notify you that on June 1, 2004, the City Council adopted
Fax: 952.727.1190
the following motion:
Engineering
Phone: 952.227.1160
"The City Council approves the final plat for Planning Case 04-15 for Stone Creek
Fax: 952.227.1170
Town Offices as shown on the plans received May 24, 2004, subject to the
following conditions:
Finance
Phone: 952.227.1140
Fax: 952.227.1110
1. The total SWMP fee, due payable to the City at the time of final plat
recording, is $64,268.
Park & Recreation
Phone: 952.227.1120
Fax 952.227.1110
2. A park fee of $94,010 shall be paid for the 13.43 acres at the time of the
Recreation Center
replat.
2310 Coulter Boulevard
PhonFax. 952.227.1404
Fax: 952.227.1404
3. Submit a private cross -access and cross -parking easement against all lots
P P g g
at time of final plat recording. Cross -access easements for the shared
Planning a
driveway accesses must be obtained and recorded against all lots.
Natural Resources
Phone. 952.227.1130
Fax: 952.227.1110
4. Staff recommends that Type H silt fence be used adjacent to the storm
pond and the creek.
Public Worts
1591 Park Road
Phone: 9522271300
5. Any off-site grading will require easements from the appropriate
Fax: 952.227.1310
property owner.
Senior Center
Phone: 952.227.1125
6. Installation of the private utilities for the site will require permits and
P � �l �
Fax:952.227.1110
inspections through the City's Building Department.
Web She
asse
www.ci.chanhassen.mn.us
7. The site has previously been assessed for utility and street improvements.
P Y Y P
The remaining assessment due and payable to the City is $103,521.12.
This assessment may be respread against the newly platted lots on a per -
area basis or paid at the time of final platting. Sanitary sewer and water
hookup charges will also be applicable for the new lots. The 2004 trunk
hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit
for watermain. The hookup charges are based on the number of SAC
The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A gFeat place to live, work, and play.
Mr. Mark Undestad •
Stone Creek Town Offices, Planning Case 04-15
December 30, 2004
Page 2
units assigned by the Met Council for the new lots. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at
the time of building permit issuance.
8. All of the public utility improvements are required to be constructed in
accordance with the City's latest edition of Standard Specifications and
Detail Plates. Upon completion of the utility improvements, the public
utilities will be turned over to the City for maintenance and ownership.
The applicant is required to enter into a development contract with the
City and supply the necessary financial security in the form of a letter of
credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval. The applicant must be aware that
public utility improvements will require a preconstruction meeting before
building permit issuance. Installation of the private utilities for the site
will require permits and inspections through the City's Building
Department. Permits from the appropriate regulatory agencies must be
obtained, including but not limited to the MPCA, Department of Health,
and the Watershed District.
9. On the utility plan:
a. Show the existing and proposed utility easements.
b. Add a note, "Any connection to existing structures must be core
drilled."
c. Remove the existing 24 -inch storm stub to the north and bulkhead
the invert at the manhole.
10. On the grading plan:
a. Show all existing and proposed easements.
b. Show a minimum 75 -foot rock construction entrance.
c. Revise the side slope to 3:1 maximum along the northeast side of the
parking lot and at the southeasterly comer of Lot 25.
11. The 8 -inch water and sewer mains will be considered public utility lines
since they serve multiple lots. As such, minimum 30 -foot wide public
easements will be required over the portion of the public utility lines that
are outside of the right-of-way.
12. The Stone Creek Drive cul-de-sac must be built with a 48 -foot radius and
B-618 concrete curb and gutter.
13. The private street must be built to a 9 -ton design, paved to a 26 -foot
width, and contained within a 40 -foot private easement. The developer
Mr. Mark Dndestad
Stone Creek Town Offices, Planning Case 04-I5
December 30, 2004
Page 3
will be required to submit certification reports from a soil testing
company which show that the private street was built to these standards.
14. Lot 26 may be used for parking purposes only.
15. The applicant shall execute a cross -parking agreement with the Family of
Christ Lutheran Church which shall encompass the 60 parking spaces
shown in Attachment L"
If you have any questions, please call me at (952) 227-1134 or e-mail me at
saliaff @ci.chanhassen.mn.us
Sharmeen Al-Jaff
Senior Planner
c: Matt Saam, Assistant City Engineer
Steve Torell, Building Official
9.Nplant2004 planning cases\04-15 — Stone Creek Touv Offices/letter of approval final plat.doc
7. Staff recommends that type II silt fence be used adjacent to the storm
pond and the creek.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
0 0
December 30, 2004
CITY OF
CIIANNSEN
7700 Markel Boulevard
Mr. Mark Undestad
PO Box 147
Eden Trace Corp/Stone Creek Office Group LLC
Chanhassen, MN 55317
8156 Mallory Court
Administration
Chanhassen, MN 55317
Phone: 952.227.1100
Fax: 952.227.1110
Dear Mr. Undestad:
Building Inspections
Phone: 952.227.1180
This letter is to confirm that on May 24, 2004, the City Council adopted the
Fax 952227.1192
following:
Engineering
Phone: 952.227.1160
Preliminary Plat
Fax: 952 227.1170
The City Council approves the preliminary plat for Planning Case 04-15 for Stone
Finance
Phone: 952.227.1140
Creek Town Offices as shown on the plans received April 13, 2004, subject to the
Fax: 952.227.1110
following conditions:
Phot 8 52.227.1120
Phone: 952.221.1120
1. The total SWMP fee, due and payable to the Cit at the time of final plat
P Y Y
Fax: 952.227.1110
recording, is $64,268.
Recreation Center
2310 Coulter Boulevard
2. A park fee of $94,010 shall be paid for the 13.43 acres at the time of the
Phone: 952.227.1400
replat.
tat.
Fax: 952.227.1404
Planning &
3. Submit a private cross -access and cross -parking easement against all lots
Natural Resources
Phone: 952.227.1113030
at time of final plat recording. Cross -access easements for the shared
Fax: 952.2271110
driveway accesses must be obtained and recorded against all lots.
Public Works
4. Add the following City of Chanhassen Detail Plate Nos. 1004, 1005,
1591 Park Road
Phone: 952.227.1300
1006, 2001, 2101, 2103, 2201, 2204, 3101, 3102, 5201, 5203, 5207,
Fax: 952.227.1310
5214, 5215, 5216, 5300 and 5302.
Senior Cerner
Phone: 952.227-1125
5. Prior to final platapproval, a professional civil engineer registered in the
Fax: 952.227.1110
State of Minnesota must sign all plans.
te
Web asse
www.ci.chanhassen.mn.us
6. Prior to final platting, storm sewer design data will need to be submitted
P g� gn
for staff review. The storm sewer will have to be designed for a 10 -year,
24-hour storm event.
7. Staff recommends that type II silt fence be used adjacent to the storm
pond and the creek.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Mark Undestad •
Stone Creek Town Offices, Planning Case 04-15
December 30, 2004
Page 2
8. Any off-site grading will require easements from the appropriate
property owner.
9. Installation of the private utilities for the site will require permits and
inspections through the City's Building Department.
10. The site has previously been assessed for utility and street improvements.
The remaining assessment due and payable to the City is $103,521.12.
This assessment may be re -spread against the newly platted lots on a per -
area basis or paid at the time of final platting. Sanitary sewer and water
hookup charges will also be applicable for the new lots. The 2004 trunk
hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit
for water -main. The hookup charges are based on the number of SAC
units assigned by the Met Council for the new lots. Sanitary sewer and
water -main hookup fees may be specially assessed against the parcel at
the time of building permit issuance.
11. All of the public utility improvements are required to be constructed in
accordance with the City's latest edition of Standard Specifications and
Detail Plates. Upon completion of the utility improvements, the public
utilities will be turned over to the City for maintenance and ownership.
The applicant is required to enter into a development contract with the
City and supply the necessary financial security in the form of a letter of
credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval. The applicant must be aware that
public utility improvements will require a preconstruction meeting before
building permit issuance. Installation of the private utilities for the site
will require permits and inspections through the City's Building
Department. Permits from the appropriate regulatory agencies must be
obtained, including but not limited to the MPCA, Department of Health,
and the Watershed District.
12. On the utility plan:
a. Show the existing and proposed utility easements.
b. Add a storm sewer schedule.
c. Revise the Sewer Note No. 1 to be, "All sanitary services shall be 6"
PVC SDR26."
d. Add a note, "any connection to existing structures must be core
drilled."
e. Remove the existing 24 -inch storm stub to the north and bulkhead
the invert at the manhole.
f. Delete the sanitary sewer connection at the southwest corner of the
site and utilize the existing sanitary stub in the cul-de-sac.
Mr. MarkIndestad •
Stone Creek Town Offices, Planning Case 04-15
December 30, 2004
Page 3
g. Revise the proposed storm sewer within the cul-de-sac from a 12 -
inch to a
15 -inch pipe.
13. On the grading plan:
a. Show all existing and proposed easements.
b. Show the benchmark used for the site survey.
c. Show a minimum 75 -foot rock construction entrance.
d. Revise the side slope to 3:1 maximum along the northeast side of the
parking lot and at the southeasterly corner of Lot 25.
14. The 8 -inch water and sewer mains will be considered public utility lines
since they serve multiple lots. As such, minimum 30 -foot wide public
easements will be required over the portion of the public utility lines that
are outside of the right-of-way.
15. The Stone Creek Drive cul-de-sac must be built with a 48 -foot radius and
B-618 concrete curb and gutter.
16. The private street must be built to a 9 -ton design, paved to a 26 -foot
width, and contained within a 40 -foot private easement. The developer
will be required to submit certification reports from a soil testing
company which show that the private street was built to these standards.
17. Lot 26 may be used for parking purposed only.
18. The applicant shall execute a cross parking agreement with the Family of
Christ Lutheran Church which shall encompass the 60 parking spaces
shown in attachment 7.
19. The applicant shall execute a cross parking agreement with the Family of
Christ Lutheran Church which shall encompass the 60 parking spaces
shown in attachment 6."
Site Plan
The City Council approves Site Plan Case 0415 for Stone Creek Town Offices as
shown on the plans received April 13, 2004, subject to the following conditions
1. Environmental Resources Specialist Conditions:
Mr. Mark9ndestad •
Stone Creek Town Offices, Planning Case 04-15
December 30, 2004
Page 4
a. Applicant shall increase landscape plantings in bufferyards to
meet minimum requirements. A revised landscape plan shall be
submitted before final approval.
b. Applicant shall plant a minimum of 36 overstory trees in the
parking lot to meet minimum requirements.
c. Norway maple shall be replaced by a more suitable tree selection.
2. Building Official Conditions:
a. Buildings (units) over 2000 sq. ft. in gross floor area are required
to be protected with automatic fire sprinklers.
b. The plans must be prepared and signed by design professionals
licensed in the State of Minnesota.
c. An accessible route must be provided from the accessible parking
spaces to the entrances of all units. The maximum slope of the
accessible route
is 1/20.
d. Separate water, sewer and fire protection services must be
provided for each piece of property.
e. Exterior walls less than ten (10) feet from property lines must be
of fire -resistive rated construction in accordance with IBC
Chapter 6 and terminate in accordance with IBC Chapter 7.
f. Separate male and female restrooms must be provided in each
unit with an occupant load greater than 15, as determined by IBC
Table 1003.2.2.2.
g. Detailed construction and occupancy related requirements cannot
be reviewed until complete plans are submitted.
h. The owner and/or their representative shall meet with the
Inspections Division as soon as possible to begin the preliminary
plan review process and discuss permit procedures.
3. On the site plan:
a. Revise the scale from 1"=20' to I"=40'.
b. Show the existing and proposed trail/sidewalk adjacent to the
site.
c. Show all dimensions for the improvements, i.e. drive aisle width,
cul-de-sac radius, curb return radii, stall lengths/widths, etc.
4. No direct access to Highway 5 is allowed.
5. All exposed soil areas shall have temporary erosion protection or
permanent cover for the exposed soil areas year round, according to
the following table of slopes and time frames:
Mr. MarkIndestad •
Stone Creek Town Offices, Planning Case 04-15
December 30, 2004
Page 5
ape of Slope
Time (Maximum time an area can
remain open when the area
Steeper than 3:1
7 days is not actively being
worked.)
10:1 to 3:1
14 days
Flatter than 10:1
21 days
These areas include constructed storm water management pond side
slopes, and any exposed soil areas with a positive slope to a storm
water conveyance system, such as a curb and gutter system, storm
sewer inlet, temporary or permanent drainage ditch or other natural
or manmade systems that discharge to a surface water.
6. Street cleaning of soil tracked onto public streets shall include daily
street scraping and street sweeping as needed.
The applicant shall apply for and obtain permits from the appropriate
regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed
District, Minnesota Pollution Control Agency, Minnesota
Department of Natural Resources (for dewatering)) and comply with
their conditions of approval.
8. Each site shall provide areas for bicycle parking and storage.
9. The applicant shall provide a second trash enclosure area south of
Lot 5 and relocate the proposed trash enclosure to the south of
Lot 18.
10. 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 fire hydrants can be
quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
b. Three additional fire hydrants will be required. Install 1
southwest of Lot 11 in the parking island. Install 1 southeast of
Lot 6 in the parking island. Install 1 in the island between Lots
20 and 21 on the south side on the building. If necessary, please
contact the Chanhassen Fire Marshal for the exact location. Fire
Lane signs and yellow curbing will be required. Contact the Fire
Marshal for exact location of signs and curbs to be painted.
Mr. MarkIndestad 0
Stone Creek Town Offices, Planning Case 04-15
December 30, 2004
Page 6
11. Extend the sidewalks and relocate accessible parking access aisle as
shown in attachment 1.
12. The applicant must work with staff to provide a walk on the south
end skirting the parking lot and over to the cul-de-sac, then loop
around the cul-de-sac to the north to connect up with the existing trail
system.
13. Relocate the trash enclosure and add another one as indicated by
staff. Duplicates condition #9.
14. If entrances are granted on both sides of the southern buildings, there
should be a walk on the north side of the building.
15. The applicant will work with staff and MnDOT to provide additional
screening and berming along Highway 5.
16. Turning radiuses on the site shall accommodate fire fighting vehicles.
If you have any questions, please feel free to contact me at (952) 227-1134.
Sincerely,
Sharmeen Al-Jaff
Senior Planner
c: Matt Saam, Assistant City Engineer
Steve Torell, Building Official
gAplan\2004 planning cases\04-15 - stone creek town offices\approval letter.doe
CITY OF CHANHAREN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OARANSMITTAL
10/18/04
Sue Nelson
RE:
Document F
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
5/23/04
04-15
Site Plan Permit #2004-15 - Lots 1-26, Block 1 and Outlots A & B,
Stone Creek Town Offices
❑
FORBIDS DUE
For Recording
❑
PRINTS RETURNED AFTER LOAN TO US
THESE ARE TRANSMITTED as checked below:
❑
For approval
®
For your use
❑
As requested
❑
For review and comment
❑
FORBIDS DUE
REMARKS
❑
Approved as submitted
❑ Resubmit
❑
Approved as noted
❑ Submit
❑
Returned for corrections
❑ Return
®
For Recording
❑
PRINTS RETURNED AFTER LOAN TO US
COPY TO: Mark Undestad, Stone Creek Office Group, LLC
copies for approval
copies for distribution
corrected prints
W j
SIGNED: v "l
Kim Meuwissen, (9 7-1107
If enclosures are not as noted, kindly notify us at once.
SCANNED
0 0
CITY OF CHANHASSEN
SITE PLAN PERMIT #2004-15
STONE CREEK TOWN OFFICES
SPECIAL PROVISIONS
AGREEMENT dated May 23, 2004, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Stone Creek Office Group, LLC (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of 5 three -unit and 2 five -unit office buildings (referred to in this
Permit as the "project'). The land is legally described as Lots 1-26, Block 1, and Outlots A and B,
Stone Creek Town Offices.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit and furnishes 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:
Plan A: Stone Creek Town Offices Cover Sheet, dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan B: Final Plat Signature Sheet, dated received April 13, 2004, prepared by E.G. Rud &
Sons, Inc.
I
Plan C: Preliminary Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc.
Plan D: Final Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc.
Plan E: Preliminary Grading, Drainage, and Erosion Control Plan, received April 13, 2004,
prepared by Plowe Engineering, Inc.
Plan F: Preliminary Utility Plan, received April 13, 2004, prepared by Plowe Engineering,
Inc.
Plan G: Architectural Site Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Plan H: Landscape Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Plan I: Landscape, Signage & Trash Enclosure Details dated received April 13, 2004,
prepared by Mohagen Hansen Architectural Group.
Plan J: Site Photometric Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Plan K: Triple 48'-0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Plan L: Triple 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan M: Five 48'4' Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Plan N: Five 48'4' Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Plan O: Five 48'-0" Walk Out Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan P: Triple 48'-0" Slab on Grade Plans dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan Q: Triple 48'-0" Slab on Grade Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
4. Time of Performance. The Developer shall install all required screening and
landscaping by June 15, 2005. The Developer may, however, request an extension of time from the
2
9 0
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, cash escrow, or equivalent
("security") for $63,800 (Landscaping). This amount has been calculated at a rate of 110% of the
actual value of improvement and has been furnished with the Development Contract.
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Mark Undestad
Stone Creek Office Group, LLC
8156 Mallory Court
Chanhassen, MN 55317
(952) 361-0722
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. On May 24, 2004, the City Council approved Site
Planning Case 04-15 for Stone Creek Town Offices as shown on the plans received April 13, 2004,
subject to the following conditions:
A. Environmental Resources Specialist Conditions:
1. Applicant shall increase landscape plantings in bufferyards to meet minimum
requirements. A revised landscape plan shall be submitted before final approval.
2. Applicant shall plant a minimum of 36 overstory trees in the parking lot to meet
minimum requirements.
3. Norway maple shall be replaced by a more suitable tree selection.
3
0 0
B. Building Official Conditions:
1. Buildings (units) over 2000 sq. ft. in gross floor area are required to be protected
with automatic fire sprinklers.
2. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
3. An accessible route must be provided from the accessible parking spaces to the
entrances of all units. The maximum slope of the accessible route is 1/20.
4. Separate water, sewer and fire protection services must be provided for each piece
of property.
5. Exterior walls less than ten (10) feet from property lines must be of fire -resistive
rated construction in accordance with IBC Chapter 6 and terminate in accordance
with IBC Chapter 7.
6. Separate male and female restrooms must be provided in each unit with an
occupant load greater than 15, as determined by IBC Table 1003.2.2.2.
7. Detailed construction and occupancy related requirements cannot be reviewed
until complete plans are submitted.
8. The owner and or their representative shall meet with the Inspections Division as
soon as possible to begin the preliminary plan review process discuss permit
procedures.
C. On the site plan:
1. Revise the scale from 1"=20' to 1"=40'.
2. Show the existing and proposed trail/sidewalk adjacent to the site.
3. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac
radius, curb return radii, stall lengths/widths, etc.
D. No direct access to Highway 5 is allowed.
E. All exposed soil areas shall have temporary erosion protection or permanent cover for the
exposed soil areas year round, according to the following table of slopes and time frames:
Type of Slope
Time (Maximum time an area can
remain open when the area
Steeper than 3:1
7 days is not actively being worked.)
10:1 to 3:1
14 days
Flatter than 10:1
21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
F. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as -needed.
4
0
0
G. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with
their conditions of approval.
H. Each site shall provide areas for bicycle parking and storage.
I. The applicant shall provide a second trash enclosure area south of Lot 5 and relocate the
proposed trash enclosure to the south of Lot 18.
J. 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 insure fire hydrants and be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
2. Three additional fire hydrants will be required. Install 1 southwest of lot 11 in the
parking island. Install 1 southeast of lot 6 in the parking island. Install 1 in the
island between lots 20 and 21 on the south side on the building. If necessary,
please contact the Chanhassen Fire Marshal for the exact location. Fire Lane
signs and yellow curbing will be required. Contact the Fire Marshal for exact
location of signs and curbs to be painted.
K Extend the sidewalks and relocate accessible parking access aisle as shown in attachment
1.
L. The applicant to work with staff to provide a walk on the south end skirting the parking
lot and over to the cul-de-sac, then loop around the cul-de-sac to the north to connect up
with the existing trail system.
M. Relocate the trash enclosure and add another one as indicated by staff. Duplicates
condition #9.
N. If entrances are granted on both sides of the southern buildings, there should be a walk on
the north side of the building.
O. The applicant will work with staff and MnDot to provide additional screening and
berming along Highway 5.
P. Turning radiuses on the site shall accommodate fire fighting vehicles.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
0 0
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
Mayor
Manager
The foregoing instrument was acknowledged before me thisiday ofCk }aoY, 2004,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corpor tion and pursuant to the authority granted
by its City Council.
.,AAAAAAAAAA NOTAR PUBL
KIND � MEUWISSEN
No4 n ru i t. Minnesohd
G..:1r}, COUNTY
My Comc:Ja 5�::_s 1131/2005 DEVELOPER:
VVVVVVVWVVVVVW
Its Fad
STATE OF MINNESOTA )
COUNTY OF rA (as)
The foregoing mstrimment was acknowledged before me this Ix day of
2004 by
KIM T. MEUWISSEN
NotaryPubliic- Minnesota
CARVER COUNTY
a, MyCanmissimExores1/31/2005
vvvvvvvvvvwv
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 I day of 0 '2004
STATE OF MINNESOTA )
/� � (ss
COUNTY OF l:G/t,IA )
The foregoing instrument was acknowledged before me this I qday of ,
2004 by
I103i7.1Y�71'�
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
KAREN J. EN6ELHARDT
Notary Public Minnesota
Lqmy
Commission Expires 113112005
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
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, 3) the site
plan has been recorded with the County Recorder's Office of the County where the project is
located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied
and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
H
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 blowables, 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 maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable to 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 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.
9
• 0
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 Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed fiom
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 Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
10
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this 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 under this contract shall be
from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays,
with no such activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction or dewatering
purposes beyond the normal working hours will require City Council approval.
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K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative
sites are first provided; the two soil treatment sites identified during the site plan
process for each lot. This shall be done prior to the issuance of a Grading Permit.
Any violation/disturba#tce of these sites shall render them as unacceptable and
replacement sites will tried to be located for each violated site in order to obtain a
building permit
L. Co liance with Laws,. 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 Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall fiunish 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.
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 finther 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
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any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which
may exist.
gAplan\2004 planning cases\04-15 - stone creek town offices\site plan agreement.doc
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