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CAS-21_CVS/PHARMACY (2)0 MY OF CUMNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952 2271100 Fax: 952.227.1110 Building Inspections Phone: 952 2271180 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: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227,1130 Fax: 952.227.1110 Public Worlm 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen mus 0 0 June 22, 2007 Mr. Bill Tippmann Bear Creek Capital, LLC 9549 Montgomery Road, 3' Fl. Cincinnati, OH 45242 Re: CVS/Pharmacy Escrow Planning Case 04-21 Dear Mr. Tippmann: C14 -c), I Enclosed please find a check in the amount of $2,500.00 as a final release of the development security for CVS/pharmacy. This escrow is being released as the landscaping requirements have been met. If you have any questions, feel free to contact me at 952-227-113 1. Sincerel Robert Generous, MCP Senior Planner Enclosure ec: Jill Sinclair, Environmental Resource Specialist gAplan\2004 planning cascs\04-21 - cvs pbarnaacy spr & var\final escrow return letter.doc SCANNEU The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. Vendor: BEAR CREEK CAPrFAL Vendor No: beacre Vendor Acct No: Invoice N Date Descrintion 04-21 66-/-13/2007 Boulevard restoration escrow refund Check Date: Check Amount: AMERICANA CITY OF CHANHASSEN COMMUNITY BANK 7700 MARKET BLVD., P.O. BOX 147 CHANHASSEN, MIN 55317 CHANHASSEN, MIN 55317 75-196-919 (952) 227-1140 Pay: *** Two thousand five hundred dollars and Zero cents Date 06/21/2007 To the order of. BEAR CREEK CAPITAL 9549 MONTGOMERY ROAD CINCINNATI, OH 45242 111 133 2SL,"' 1:09 L90 LqC3911: EID 949 Sill 06/21/2007 $2,500.00 Invoice Amount 2,500.00 133254 Amount $2,500.00 SCANNEI V, Securities Istart Due 6/l/07 6/l/07 J.1 20W Au Ost 2000 S M T W T F M T -W T t- 9 M W T F 1 2 3 4 5 1 Z� 2 3 4 5 6 7 si 6 7 8 9 10 11 2 3 4 5 6 7 8 6 a �q 9 10 11 12 13 14 15 IT 14 IS 1 17 1 16 11 12 13 14 15 16 17 111 19 20 21 �d 21'0 23 24 25 18 19 20 21 22 23 24 25 26 27 28 �VN 30 31 26 26 27 28 29 ....... ............. ..... Escrov�s W Cash Escrov. CVS/Pharmacy Planning C� #04-21 Boulevard Restonuion ($2,500) & Erosion Control ($2,500) TX)TAL--$5,ODO Received 8/12/04 Check #007632 Notify Bob Generous Total = $5,000 7-6-05 Bob, status? Yjm 7-13-05 Per Bob S2,500 to be returned. Retain $2,500 for landscape maintenance until 6/3GtO6. Notified Finance to issue check and return to not to send with cover letter. Notify Bob on 611/06. Kim 7-14-05 Mailed letter and check in the amount of $2,500 to Bear Creek Capital. Kim 6/l/06 - Bob, status? Plisastt advise. Kim 6/13/06 - Jill entailed CVS with list of trects; to be replaced. Check status 6/26/06. Kim 6t26/06 - Jill, status? Kim 7/12106 - Per Jill, trees; not replaced - retain escrow for mother year. Check status 6II/OrT Kim 6/&W - Jill. status? Kim 6113/07 - Per Jill OK to return escrow. Notified Finance to issue check in the amount of $2,500. Kim 6122107 Mailed letter and check in the ammuntof $2-5130 to BWC)wk Capital. Activityclosed. Kim 0 2W7 Lolua �abpment Cbt,, &WO7 at 9 W W S=Slattaa P-PWnt, SCMHED P� I n MY OF CHMSEN 7700 Market Boulevard PO Box 147 Chanhassen. MIN 55317 Achalnistration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fa 952.227.1170 Finance Phone: 952.227.1140 Fax: 952227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Centef 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fax: 952-V7.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 web SRO wwwc[clianhassen.mus FA L July 14,2005 Mr. Bill Tippmann Bear Creek Capital, LLC 9549 Montgomery Road, 3d Fl. Cincinnati, OH 45242 Re: CVS/Pharmacy Escrow Planning Case 04-21 Dear Mr. Tippmann: 0 Enclosed please find a check in the amount of $2,500.00 as partial release of the development security for CVS/pharmacy. The City will retain $2,500.00 for one year, until June 30, 2006, as landscape maintenance security as required by general condition 6 of the site plan agreement. If you have any questions, feel free to contact me at 952-227-113 1. Sincemly. Robert Generous, AICP Senior Planner Enclosure gAplwa\2004 planning cases\04-21 - cvs phaunacy spr & varNEsUDW MUM leuend� L) 14 - 2- 1 WANNED The City of Chanhassen - A growing community with clean lakes, quality schools, a chaning downtown, thriving businesses, winding trails, and beautitul parks. A great place to live, work, and play. F77" Vendor: Invoice # DW5329 10 0 NO. 124741 BEACRE BEAR CREEK CAPITAL Invoice Date Description Distribution Amount Check Date: 07114/2005 07/13/2005 EROSION ESCROW -CVS PHARMACY Check Amt Total Check #: 124741 2,500.00 CITY OF CHANHASSEN M&I MARSHALL & ILSLEY 13ANK NO. 124741 7700 MARKET BLVD, P.O. 13OX 147 17 11S910 CHANHASSEN, MN 55317 Check Date: 07/14/2005 1952) 227-1140 Check #: 124741 CITY OF AMOUNT CHONSEN $2,500.00 PAY TWO THOUSAND FIVE HUNDRED DOLLARS AND 00 CENTS********************* TO THE BEAR CREEK CAPITAL ORDER OF 9549 MONTGOMERY ROAD CINCINNATI OH 45242 I'm I PL.71, In' ':D9 100 1 LS?i: OD 257-773 1 20 U M T W T F �� 14� -�- W.J. Yo ii fg—ff U W 16 111 * M 24 *!%'M Or a Qf Securities 6/1106 6/30/06 F F� Cwh Escrow CVS/pharmacy Planning C� #04-21 Boulevard Restoratioa ($2,500) & Erosion Control ($2,500) TUrAL--$5,000 Received 8112/04 Check #007632 Notify Bob (icaerow Total = $5,000 7-"5 Bob, status? Kim 7-13-05 ft Bob $2,500 to be returned. Retain $2,500 for landscape maintenance until 6/30/06. Notified Finance to isme check and return to me to send with cover letter. Notify Bob on 6tl/06- Kim 7-14-05 Mailed letter and check in the amount of $2,500 to Bear Creek Capital. Kim ?M� 0 121 M � P.P&ft P". I CITY ciF CHANHASSEN 7-,v00 MARKET BLVD 0 CHANHASSEN MN 55317 Payee: BEAR CREEK CAPITAL LLC Date: 08/12/2004 Time: 2:12pm Receipt Number: DW 5329 Clerk: DANIELLE ESCROW-CVS/PHARMACY 04-21 EROSION/BLVD RESTORATION ITEM REFERENCE AMOUNT ------------------------------------------- ESCRW CVS/PHARMACY 04-21 EROSION 2,500.00 BLVD RESTOR 2,500.00 --------------- Total: 5,000.00 Check 7632 5,000.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! SCA"of 0 13EAR CRFJ�K CAPMAL, LLC DATE INVOICE NO. 8-06-04 080604 DESCRIPTION Sitwork LOC 4e CHECK 8-06-04 NUMBER �7632 INVOICE AMOUNI' SOOO.00 r -C 4fr-rm 5000.00 DEDUCTION 007632 BALANCE 1-10550.000 BEAR CREEK CAPITAL, LLC ProvIdent Bank 007632 Cindnnab, Ohio 9549 MONTGOMERY RD. 13-421420 THIRD FLOOR CINCINNATI, OH 45242 PHONE: 513-793-1500 ay: thousand dollars and no cents DATE CHECK NO. AMOUNT August 6, 2004 7632 $******5,000.00 PAY City of Chanhassen TO THE 7700 Market Blvd, ORDER P.O. Box 147 OF Chanhassen, MN 55317 11800 7 G 321" 1:042000L,211 -o: 0 3 3 7- 2 2 L"' SCANNED 9549 Montgomery Road, Third Floor Cincinnati, Ohio 45242 www.bearcreckcapital.com Real Estate Group Mr. Jerry Mohn 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 August 11, 2004 Dear Jerry, LI 513.793.1500 513.793.5820 Main fax 513.745.9741 Leasing fax 513.233.7006 Prop. Mgmt. fax 800.583.8956 Enclosed please find the check for $5,000 satisfying the City of Chanhassen's letter of credit requirements to obtain our building permit for our site at Highway 5 and Galpin. As I mentioned in our phone conversation, the executed site plan agreement should arrive to your office on Friday August 13, 2004 from Mr. Bill Ryan, the owner's attorney. Thanks for your attention in this matter and your help. Sincerely, len Hall Development Coordinator BCC Real Estate Group C1TY0F CHANHASSEN AuG 122004 Bt//LD//V(3 L)EPARTMENT SCANNED Development * Leasing e Management a 0 The contents of this file have been scanned, Do not add anything to it unless it has been scanned. Document No. OFFICE OF THE A402261 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 19.50 Checkft: 13486 Certified Recorded on 11-29-2004 at 11:30 F�Am 0 PM 2004-11-29 �;riwv_ H nJr. County Rkrd r CITY OF CHANHASSEN SITE PLAN PERMIT #04-21 SPECIAL PROVISIONS AGREEMENT dated July 12,2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bear Creek Capital, LLC (the "Developer"). Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 13,013 square foot commercial building with a parking setback variance (referred to in this Permit as the "project"). The land is legally described as Lot 2, Block 1, Galpin Business Park. 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: Plan A—Site Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC, 0 Plan B—Grading, Drainage, and Utility Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC Plan C—Landscaping Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24- 04, prepared by Anderson Engineering of Minnesota, LLC 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 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. Security. To guarantee compliance with the terms of this Permit the Developer shall fin-nish the City with a letter of credit from a bank or cash escrow in the amount of $5,000 ($2,500 - boulevard restoration and driveway aprons 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 registered mail at the following address: Bear Creek Capital, LLC 9549 Montgomery Road, 3' Fl. Cincinnati, OH 45242 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. PA 0 0 7. Other Special Conditions. Approved Site Plan #04-21 as shown on the plans dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Amderson Engineering of Minnesota, LLC 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. The developer shall provide a bike rack. Additionally, the developer shall install benches on both the Highway 5 and Galpin Boulevard sides of the building. C. The building is required to have an automatic fire extinguishing system. d. All sidewalks shall be provided with accessible ramps. e. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. f Detailed occupancy related requirements will be reviewed when complete plans are submitted. 9. Utility plans: Cleanouts are required in the sanitary sewer system in accordance with the Minnesota Plumbing Code. It. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet minimum requirements. 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 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding the maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #36-1991. k. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to IrWection Division Water Service Installation Policy #34-1993. Copy enclosed. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 3 0 0 In. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copyenclosed. n. "No Parking Fire Lane" signs and yellow -painted curbing will be required. Please contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to be painted yellow. 0. The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to verify that the existing storm water pond is sized adequately for the proposed development. P. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of SlQpe L= (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 q. 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. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. S. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. Show the location of the accessible ramps on the plans. U. All final plans must be signed by a registered civil engineer. V. Add all applicable 2004 City of Chanhassen detail plates to the plans. W. On the Grading Plan: (1) Show all existing and proposed easements. (2) Show the location of the existing silt fence. 0 0 (3) Show the existing topography of the site. X. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. Y. The City's type 11 silt fence must be used adjacent to the wetland on the east side of the site. In addition, a 75 -foot minimum rock construction entrance must be included at the main access drive to the site. Z. The remaining assessment due payable to the City at the time of building permit application is $10,479. In addition, sanitary sewer and water hook-up charges along with the Met Council's SAC fee will be due at the time of building permit issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The hook-up charges and SAC fee are based on the number of SAC units assigned by the Met Council. aa. Storm sewer sizing calculations will need to be submitted for review prior to building permit approval. bb. Directional signage showing access to TH 5 and south Galpin Boulevard shall be installed. CC. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet. dd. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard. 8. General Conditions. The general conditions of this Pen -nit are attached as Exhibit "A" and incorporated herein. �I 0 0 CITY OF CHANHASSEN BY7- �L L Tho A Furlong, Yayor (SEAL) AND� Z �td Gerhardt City Manager STATE OF MINNESOTA ) (sS COUNTY OF CARVER The foregoing instrument was acknowledged before me thise—day of IF 2004, 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. A, 'Al Mintio 0 131 r'CnEviresi my Cm V Vv4'�yV'jVVV vvvvv ef///to STATE OF N40WBSGT (SS. COUNTY OF -eWMJ k 250,M) NOTAt�UBLI& DEVELOPER: WAR The foregoing instrument was acknowledged before me this -v-tt;xy of 2004by.4,,�-1/.,;V,r;P,7 Z/' - ��- VICKIE L. KRAMER NOTARY PUBLIC My=Public, State of Ohio ission Dq)ires 05-20-07 0 9 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 thisZff�day o 12004 STATE OF MB\TNESOTA ) (ss COUNTY OF C�)f ) The fia trument was acknowledged before me this '--�Iay of ��4+AVJVI-' 2004, by e� &Zan eif f NOTARY P IC WILIJAMIKYAN T NWAM pM� z. KVKWESC�A RES My eomMISSIONE:XPIRJES jANUAtr(31,2W5 W 0 0 SITE PLAN PERMIT I . 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 E E 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. 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 wan -anted 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. 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. 0 0 0 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. Mseeflaneous. A. Cnn-tnictirm Trailem. Placement of on-site construction trailers and temporaryjob 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. Pogtil Servir. . The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Partion. Third parties shall have no recourse against the City under this Permit. D. Breach of Cnntract. Breach of the ternis of this Permit by the Developer shall be 10 grounds for denial of building permits. E. Severabili . If anyportion, 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. Waiverq/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. Renordin . This Permit shall run with the land and maybe recorded against the title to the property. 1. R Ltnedic . 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. Cnn-tniction Hon . The normal construction hours and maintenance of equipment III under this contract shall be from 7:00 a.m. 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. Compliance with Laws. Ordinanres, and RegnIation . 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 Tit] . 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 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 12 0 0 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. 0. 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. DRAFI'ED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 13 0 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU El Shop drawings El Copy of letter 0 LETTER OF TRANSMITTAL DATE JOB NO. 10/1/04 12004-21 ATTENTION Sue Nelson RE: Document Recording 0 Attached El Under separate cover via the following items: E] Prints EI Plans [-] Samples El Specifications F1 Change Order E] Pay Request El — COPIES DATE NO. DESCRIPTION 1 7/12/04 04-21 Site Plan Permit 04-21 (CVS/pharmacy), Lot 2, Block 1, Galpin Business Park El Return M For Recording F1 PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: El For approval E] Resubmit For your use Approved as noted As requested El For review and comment El FORBIDS DUE REMARKS COPY TO: Bear Creek Capital, LLC 0 Approved as submitted E] Resubmit El Approved as noted El Submit El Returned for corrections El Return M For Recording F1 PRINTS RETURNED AFTER LOAN TO US Me - copies for approval copies for distribution corrected prints If enclosures are not as notec4 kindly notify us at once. SCAMMM 0 0 CITY OF CHANHASSEN SITE PLAN PERMIT #04-21 SPECIAL PROVISIONS AGREEMENT dated July 12,2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bear Creek Capital, LLC (the "Developer"). Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 13,013 square foot commercial building with a parking setback variance (referred to in this Permit as the "project"). The land is legally described as Lot 2, Block 1, Galpin Business Park. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and firmish die 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—Site Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Afinnesota, LLC, 0 E Plan B—Grading, Drainage, and Utility Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC Plan C—Landscaping Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24- 04, prepared by Anderson Engineering of Minnesota, LLC 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2005. The Developer may, however, request an extension of time from the City. If an "tension 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 ($2,500 - boulevard restoration and driveway aprons 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 registered mail at the following address: Bear Creek Capital, LLC 9549 Montgomery Road, Yd Fl. Cincinnati, OH 45242 Notices to the City shall he 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. 2 7. Other Special Conditions. Approved Site Plan #04-21 as shown on the plans dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC 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. The developer shall provide a bike rack. Additionally, the developer shall install benches on both the Highway 5 and Galpin Boulevard sides of the building. Ile building is required to have an automatic fire extinguishing system. d. All sidewalks shall be provided with accessible ramps. e. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. Detailed occupancy related requirements will be reviewed when complete plans are submitted. 9- Utility plans: Cleanouts are required in the sanitary sewer system in accordance with the Minnesota Plumbing Code. In. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet nummum requirements. 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 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding the maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #36-1991. k. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 0 0 In. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. n. "No Parking Fire Lane" signs and yellow -painted curbing will be required. Please contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to be painted yellow. 0. The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to verify that the existing storm water pond is sized adequately for the proposed development. p- Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: ]Ene of SIQp Tim (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 q- 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. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. S. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. t. Show the location of the accessible ramps on the plans. U. All final plans must be signed by a registered civil engineer. V. Add all applicable 2004 City of Chanhassen detail plates to the plans. W. On the Grading Plan: (1) Show all existing and proposed easements. (2) Show the location of the exisUng silt fence. 0 0 (3) Show the existing topography of the site. X. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. The City's type H silt fence must be used adjacent to the wetland on the east side of the site. In addition, a 75 -foot minimum rock construction entrance must be included at the main access drive to the site. Z. The remaining assessment due payable to the City at the time of building permit application is $10,479. In addition, sanitary sewer and water hook-up charges along with the Met Council's SAC fee will be due at the time of building permit issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The hook-up charges and SAC fee are based on the number of SAC units assigned by the Met Council. aa. Storm sewer sizing calculations will need to be submitted for review prior to building permit approval. bb. Directional signage showing access to TH 5 and south Galpin Boulevard shall be installed. cc. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet. dd. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN BYZ�- (SEAL) T7ho Furlong, yor AN . Z -,�k d Gerhardt, City Manager STATE OF MINNESOTA ) (sS COUNTY OF CARVER The foregoing instrument was acknowledged before me thisgOday of —& 4---' 2004, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, ofthe City "o Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. %AAA ENGELHARDT I NOTAt�PUBLW I KWEN J, < A OE. - .0 r Nowy Public cornmisdion MI - W., A EW 0, STATE OF P��94RSO (SS. COUNTY OF AIMI � AP -M) The foregoing instrument was acknowledged before me this _�?�day of j9u,4&,,,sr 7o'- 2004 by Z,&1,11 -;!�e *,,tl Ae2Z 71 �,4r MCKIE L. OMER NOTARY PUBLIC My Notz Co Y Public State of Ohio fsslon Fx�ires 05-20-07 0 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 thisZff!day ofsd� 2004 I-- STATE OF MINNESOTA ) (sS COUNTY OF -) The fbrqgomg mshWent was acknowledged before me this Aftl�ay of 2004, by - .�� e—. 402WA e.(f �J I T- A NOTARY MUC \,A, VALUAMJ* RYAN NFLS AA MP jANUA15Y 31, ZM 75 ".A - '�V 0 SITE PLAN PERMIT EXH1131T "A" 0 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 17J 0 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. 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. 0 0 0 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. S. 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. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporaryjob 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 other -wise approved by the City Engineer. B. Postal Servic . 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 Ito] 0 0 grounds for denial of building permits. E. Severabili . 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. Occupanc . 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. Waiverg/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 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, power or remedy. Construntion Hour . The normal construction hours and maintenance of equipment I I 0 0 under this contract shall be from 7:00 a.m. 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. site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: I . City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 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 fini-tish 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. goil 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 12 0 0 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. 0. 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. DRAFrED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 13 CRY OF 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: 952.227,1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.14D4 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: 952227,1125 Fax: 952.227. 1110 Web Site www.cichandessen.runrus 0 July 13, 2004 Mr. Bill Tippmann Bear Creek Capital, LLC 9549 Montgomery Road, Yd Fl. Cincinnati, OH 45242 Re: CVS/pharmacy — Planning Case No. 04-21 Dear Bill: On July 12, 2004, the Chanhassen City Council approved the following: Site Plan Planning Case # 04-21, plans prepared by Anderson Engineering of Minnesota, ILC, dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, with a 38 -foot variance from the parking setback requirement and a variance to permit two rows of parking between the building and the road based on the attached findings and recommendation and subject to the following conditions: 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. 2. The developer shall provide a bike rack. Additionally, the developer shall install benches on both the ffighway 5 and Galpin Boulevard sides of the building. 3. The building is required to have an automatic fire extinguishing system. 4. All sidewalks shall be provided with accessible ramps. 5. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 6. Detailed occupancy related requirements will be reviewed when complete plans are submitted. Utility plans: Cleanouts are required in the sanitary sewer system in accordance with the Minnesota Plumbing Code. 8. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet minimum requirements. The City of Chanhassen - A growing community with clean lakes, quality schools, a chaffning downtown, thriving businesses, winding [fails, and beautiful parks. A gieat place to live, work, and play. E Mr. Bill Tippmann July 13, 2004 Page 2 9. 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 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 10. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding the maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #36- 1991. 11. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. 12. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 13. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. 14. "No Parking Fire Lane" signs and yellow -painted curbing will be required. Please contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to be painted yellow. 15. The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to verify that the existing storm water pond is sized adequately for the proposed development. 16. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TYPE, of SIPN 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. 03HAA38 0 0 Mr. Bill Tippmann July 13, 2004 Page 3 17. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. 19. Show the location of the accessible ramps on the plans. 20. All final plans must be signed by a registered civil engineer. 21. Add all applicable 2004 City of Chanhassen detail plates to the plans. 22. On the Grading Plan: a. Show all existing and proposed easements. b. Show the location of the existing silt fence. c. Show the existing topography of the site. 23. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. 24. The City's type H silt fence must be used adjacent to the wetland on the east side of the site. In addition, a 75 -foot minimum rock construction entrance must be included at the main access drive to the site. 25. The remaining assessment due payable to the City at the time of building permit application is $10,479. In addition, sanitary sewer and water hook-up charges along with the Met Council's SAC fee will be due at the time of building permit issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The hook-up charges and SAC fee are based on the number of SAC units assigned by the Met Council. 26. Storm sewer sizing calculations will need to be submitted for review prior to building permit approval. 27. Directional signage showing access to TH 5 and south Galpin Boulevard shall be installed. 28. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet. 29. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard. The Chanhassen City Council also denied the sign variance to increase the pylon sign height. 0 0 Mr. Bill Tippmarm July 13,2004 Page 4 Enclosed is a site plan agreement that must be executed by Bear Creek Capital, LLC. Return the agreement to me for city execution and recording at Carver County within 120 days of the approval (by November 9, 2004). The required security specified in the site plan agreement shall be submitted prior to the city issuing a building permit. A copy of the executed agreement will be returned for your files. If you have any questions or need additional information, please contact me at (952) 227-113 1. Sincerely, Robert Generous, AICP Senior Planner Enclosure c: Matt Saam, Assistant City Engineer Steve Torell, Building Official Mark Schuster, Anderson Engineering of Minnesota, I LC gAplan\2004 pInnning cmm\04-21 - "s ph�cy spr & var\appmval letterAm 0 CITY OF CHANHASSEN SITE PLAN PERMIT #04-21 SPECIAL PROVISIONS AGREEMENT dated July 12,2004, by and between the CITY OF CHANHASSEN, a Nlmnesota municipal corporation (the "City"), and Bear Creek Capital, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 13,013 square foot commercial building with a parking setback variance (referred to in this Permit as the "project"). The land is legally described as Lot 2, Block 1, Galpin Business Park. 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. 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—Site Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC, 0 0 Plan B --Grading, Drainage, and Utility Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC Plan C—Landscaping Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24- 04, prepared by Anderson Engineering of Minnesota, LLC 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 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 ($2,500 - boulevard restoration and driveway aprons 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 registered mail at the following address: Bear Creek Capital, LLC 9549 Montgomery Road, Yd Fl. Cincinnati, OH 45242 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 maLH 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. 2 7. Other Special Conditions. Approved Site Plan #04-21 as shown on the plans dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Nfinnesota, LLC 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. The developer shall provide a bike rack. Additionally, the developer shall install benches on both the Highway 5 and Galpin Boulevard sides of the building. C. The building is required to have an automatic fire extinguishing system. d. All sidewalks shall be provided with accessible ramps. e. The plans must be prepared and signed by design professionals licensed in the State of Mnnesota. Detailed occupancy related requirements will be reviewed when complete plans are submitted. 9- Utility plans: Cleanouts are required in the sanitary sewer system in accordance with the Mnnesota Plumbing Code. h. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet minimum requirements. 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 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. j. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding the maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #36-1991. k. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 0 M. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. n. "No Parking Fire Lane" signs and yellow -painted curbing will be required. Please contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to be painted yellow. 0, The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to verify that the existing storm water pond is sized adequately for the proposed development. P. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of SlqW 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 q. 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. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. S. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. Show the location of the accessible ramps on the plans. U. All final plans must be signed by a registered civil engineer. V. Add all applicable 2004 City of Chanhassen detail plates to the plans. W. On the Grading Plan: (1) Show all existing and proposed easements. (2) Show the location of the existing silt fence. 9 0 (3) Show the existing topography of the site. X. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. Y. The City's type II silt fence must be used adjacent to the wetland on the east side of the site. In addition, a 75 -foot minimum rock construction entrance must be included at the main access drive to the site. Z. The remaining assessment due payable to the City at the time of building permit application is $10,479. In addition, sanitary sewer and water hook-up charges along with the Met Council's SAC fee will be due at the time of building permit issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The hook-up charges and SAC fee are based on the number of SAC units assigned by the Met Council. aa. Storm sewer sizing calculations will need to be submitted for review prior to building permit approval. bb. Directional signage showing access to TH 5 and south Galpin Boulevard shall be installed. CC. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet. dd. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. 0 CITY OF CHANHASSEN M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER Thomas A. Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this ---day of 2004, 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. NOTARY PUBLIC DEVELOPER: M. Its STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this — day of 2004 by NOTARY PUBLIC 11 0 q 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 2004 STATE OF MINNESOTA ) (ss COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2004, by 7 NOTARYPUBIJC 0 CfTY OF CHANHASSEN SITE PLAN PERMIT GENERAL CONDMON 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 9 0 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 Developees 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. 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. 0 0 B. The Developer shall reimburse the City for costs incurred in the enforcement of this Perrmt, 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 A 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 temporaryjob 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 10 . A E grounds for denial of building permits. E. Severabili . 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. Occupanc . 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. 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, power or remedy, Construction Hours. The normal construction hours and maintenance of equipment I I 0 0 , under this contract shall be from 7:00 a.m. 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 dewatefing purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. 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; 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 12 0 0 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 goveming body members, officers, and employees from any claims or actions an sing 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. 0. 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. DRAFFED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 13 Building Inspections The following must be submitted: 4 - Fax:952.227.1190 May 17,2004 Engineering Mr. William Tippmann Phow: 952,227.1160 Bear Creek Capital, LLC Fax: 952.227.1170 9549 Montgomery Road, 3rd Floor Cincinnati, OH 45242 CITY OF 5. 50 -scale drawings for the utility & grading plans. Fax 952,227.1110 Re: CVS Pharmacy CNINEX 7. Lighting Photometrics. Park & Recreation Dear Mr. Tippmann: T700 Market Boulevard window and door openings. PO Box 147 Chanhassen, MN 55317 This letter is to inform you that the site plan review for CVS Pharmacy submitted on May 14, Recreation Center 2004 is incomplete. Unless additional information and plans are submitted to the city by Administration Thursday, May 20, 2004, we cannot schedule the proposal for Planning Commission review on Phone: 952227.1100 June 15, 2004. Fax: 952.227.1110 percent of the wall area, and windows, doors and other openings must comprise a minimum of 50 Building Inspections The following must be submitted: Phone 952.227 1180 Fax:952.227.1190 1 . Grading, Drainage, & Erosion Control Plan showing existing & proposed topography. Engineering 2. Utility plan showing all existing & proposed utilities. Phow: 952,227.1160 3. Drainage calculations for all ponding including pre- & post -development 10- & 100 -year Fax: 952.227.1170 runoff rates. 4. Boundary survey showing all existing easements and lot lines of the property. Finance Phone: 952,227.1140 5. 50 -scale drawings for the utility & grading plans. Fax 952,227.1110 6. Landscaping plan. 7. Lighting Photometrics. Park & Recreation 8. Exterior finish schedule, breakdown by area and percent of the different types of material and Phone: 952.227.1120 Fax:952.227.1110 window and door openings. 9. 11 " x 17" Colored Renderings (13 copies). Recreation Center 2310 Coulter Boulevard Phone: 952,227.1400 Please note that EEFS may only be used as an accent material comprising a maximum of 15 Fax: 952.227.1404 percent of the wall area, and windows, doors and other openings must comprise a minimum of 50 percent of the south and west elevations. You should also provide additional articulation on the Planning & Natural Resources east elevation and at entrances on the north and east elevations. Additionally, the architectural Phone: 952.227.1130 elevations do not match the elevations included with the signage. Fax: 952.227.1110 I am enclosing the approved and constructed monument sign for the project. Requests for Public Works 1591 Park Road variances to the signage criteria will not be supported by city staff. Phone: 952.227.1300 Fax:952,227.1310 If you have any questions or need additional information, please contact me at (952) 227-113 1. Senior Center Phone: 952.227.1125 S i Fax:952.227.1110 Web She www.ci.chanhassen.mn.us Robert Generous, AlCP Senior Planner Enclosures cc: Kate Atmenson, Community Development Director Chanhassen Development, LLC Ross Failbrother, L.A., Anderson Engineering SCANNED gAplari\2004 planning cascs\04-21 - m pharmacy spr & vaiVncomplete letter.doc The City of Chanhassen - A growing community with clean lakes, quality schools, a chaning downtown, thriving businesses, winding trails, and beautiful parks. A gieat place to live, work, and play. I Ir ') 11 Scale: 3/811 = I' .L KWIK TRIP # 402 CHANHASSEN, MNJ MATERIALS: BASE: RED BRICK TO MATCH BUILDING TAN BRICK LIGHT RANGE TO MATCH BUILDING SIGN CABINET: ALUMINUM CABINET SIGN FACES ARE POLYCARBONATE WITH VINYL SIZES: 1. OVER ALL SIGN HEIGHT IS 15' 2. SIGN CABINET IS 10' (W) x 6' (H) x 17" (D) 3. KWIK TRIP CHARACTERS ARE 14.5" TALL 4. "KWIK" IS 4' 3.5" LONG 5. "TRIP" IS 3' 9,75" LONG 6. UNLEADED PRODUCT ID IS 4" (H) x 1' 10.5" (L) 17. PRICE NUMBERS ARE 16" (H) AND 2'6" (L) 8. BOTTOM SECTION OF BASE IS 10' (W), 2' (H) AND 3' DEEP 9. TOP SECTION OF BASE IS 6' (W), 7' (H), AND 1' DEEP 0 "31-0- SIGN'B' SIGN'B'KEY NOTES SCALE: 1/4" 9 -6 x 3'-0* x 4'-0' CONCRETE FOOTING. REINFORCE W/ (5) J5 BARS TOP AND BOTTOM LONGWAY. REINFORCE W/ (3) #5 BARS TOP AND BOTTOM SHORTWAY. MAINTAIN 5- COVER ON ALL SIDES. 0 9'-6" x 3'-0" x 2'-0" BRICK PIER FILLED SOLID W/ CONCRETE. REINFORCE W/ (2) #5 BARS TOP AND BOTTOM LONGWAY. PROVIDE BRICK TIES AT MID HEIGHT AND NEAR TOP 0 24" O.C. HORIZONTAL SPACING ON ALL SIDES. )(1) 6- SHED. 40 STD. PIPE COLUMNS (6.625- O.D., 0.28- WALL THICKNESS) W/ 3/4* x 12* x 12* BASE PLATE - SET ON I* GROUT BED W/ (4) 3/4* DLk x 18" A36 ALL THREAD ROD ANCHOR BOLTS AT 9" x 9" SPACING. DOUBLE NUT AT TOP AND NUT WELDED ON END. 4* PROJECTION ABOVE FOUNDATION. O6'-0' x l' -O* x 7'-0' BRICK -PIER FILLED SOLID W/ CONCRETE-. REINFORCE W/ (8) #5 VERTICAL BARS CENTERED IN-WALL--*AICKNESS.-DokLb-liii76 FOOTING AS SHOWN. OPROVIDE THRU-WALL #9 WIRE CONTINUOUS LADDER TIES AT 16" O.C. VERTICAL SPACING. ",fir VAr OPROVIDE (2) 05 HORIZONTAL BAR NEAR TOP FULL-LENGTH OF WALL. PROVIDE HOLES CENTERED IN COLUMN FOR REBAR TO CONTINUE THROUGH. OMODIFY BRICK IN VICINITY OF COLUMN AS REQUIRED FOR PLACEMENT. CONCRETE MUST SOLIDLY FILL ALL VOIDS AROUND COLUMN. 0 CHANHASSEN, MN 0 Dw: IM 14, M 13 Ch.l.d: TM CILARSONI prr- -