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CAS-32_THE GODDARD SCHOOL (2)CITY OF September 5, 2006 CHA NSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Mr. Fred Riese Phone: 952.227.1100 9154 Sunnyvale Drive Fax 952227.1110 Chanhassen, MN 55317 Building Inspections Phone: 952.227.1180 Re: Reduction of Landscape Escrow for The Goddard School Fax: 952.227.1190 Planning Case No. 04-32 Engineering Phone: 952.227.1160 Dear Fred: Fax: 952.227.1170 Finance As a result of a recent inspection, the City is reducing your landscape escrow. Phone: 952.227.1140 Enclosed is a check in the amount of $1,091.56. The new total being held by the Fax: 952.227.1110 City is $250. This amount will be held for one year from this date. Any dead Park & Recreation landscaping material must be replaced before the final release of the escrow. Phone: 952.227.1120 Fax:952.227.1110 If you have any questions regarding this issue, please contact me. Recreation Center 2310Cou0erBoulevwd Sincerely, Phone: 952.227.1400 kkr Fax 952.227.1404 Planning A Natural Resources Jill Sinclair Phone: 952.227.1130 Fax 952227.1110 Environmental Resources Specialist Public works Enc. 1591 Park Road Phone: 952227.1300 gAPlian\2004 Peng casesW4-32 - the goddard schoonescrow reduction letter l.doc Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax 952.221.1110 Web Site www.ci.chanhassen.mn.us SCANNED o4 -3a . 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. Vendor: Riese Family Properties LLC Vendor No: Riesfred Vendor Acct No: Invoice Number Date Description 04-32 09/06/2006 Partial release of security escrow Check Date: 09/07/2006 Check Amount: $1,091.56 Invoice Amoun[ 1,091.56 AMERICANA 09 CITY OF CHANHASSEN COMMUNITY BANK 7700 MARKET BLVD., RO. BOX 147 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 75-196-919 (952) 227-1140 Pay: *** One thousand ninety-one dollars and Fifty-six cents Date 09/07/2006 130505 Amount $1,091.56 To the order of: Riese Family Properties LLC ./ 9154 Sunnyvale Drive Chanhassen, MN 55317 _ U I's L30SOSilo 1:0919019691: 60 949 511' SCANNED Sta us Report 9/22/06 plan.OR2 Securities 9/22/06 9/22/06 F Escrows MM T W T F ON 1 11 12 13 14 15 18 19 26 2122 25 26 V 26 N ® Cash Escrow 7Le Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2298 Notify Sharmeen M-laff 7405 Sharmeen -status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Sharmeen, status? Kim SU 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of $1' 1.* (10%). Check status m9/22/06. Kim 09m Cl .ropne Ct sta Mr M ssre. P4�W v p r Recreation Center If you have any questions regarding this issue, please contact me. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Sincerely,, Planning Natural Resources Phone: 952.227.1130 Fax:952.227.1110 7i Sinclair Public Works Environmental Resources Specialist 1591 Park Road Phone: 952.227.1300 Enc. Fax: 952.227.1310 Senior Center gAplan\2004 planning cases\04-32 - the goddard schoohescrow reduction ktter.doc Phone: 952.227.1125 Fax: 952.227.1110 Web She www.achanhassen.mn.us -4-/, 3D,I The City of Chanhassen • A growing community with clean lakes, quality schools, a chamling downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. MY OF CIIANNSEN September 22, 2005 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Mr. Fred Riese Phone: 952.227.1100 9154 Sunnyvale Drive Fax: 952 227.1110 Chanhassen, MN 55317 Building Inspections Phone: 952.227.1180 Re: Reduction of Landscape Escrow for The Goddard School Fax: 952.227.1190 Planning Case No. 04-32 Engineering Phone: 952.227.1160 Dear Fred: Fax: 952.227.1170 Finance The City is reducing your landscape escrow to 10% of its original value of Phone: 952.227.1140 $13,415.60. Enclosed is a check in the amount of $12,074.04. The new total Fax: 952227.1110 being held by the City is $1,341.56. This amount will be held for one year from Park & Recreation this date. Any dead landscaping material must be replaced before the final release Phone: 952.227.1120 of the escrow. Fax: 952.227.1110 Recreation Center If you have any questions regarding this issue, please contact me. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Sincerely,, Planning Natural Resources Phone: 952.227.1130 Fax:952.227.1110 7i Sinclair Public Works Environmental Resources Specialist 1591 Park Road Phone: 952.227.1300 Enc. Fax: 952.227.1310 Senior Center gAplan\2004 planning cases\04-32 - the goddard schoohescrow reduction ktter.doc Phone: 952.227.1125 Fax: 952.227.1110 Web She www.achanhassen.mn.us -4-/, 3D,I The City of Chanhassen • A growing community with clean lakes, quality schools, a chamling downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. • 0 NO. 125511 Vendor: FRERIE FREDERICK & VALARIE RIESE Invoice# Invoice Date Description Distribution Amount DW5675 09/21/2005 SECURITY ESCROW 12,074.04 Check Date: 09/22/2005 Check Amt Total: Check #: 125511 CITY OF CHANHASSEN M&I MARSHALL & ILSLEY BANK NO. 125511 7700 MARKET BLVD-, P.O. BOX 147 17 115;910 CHANHASSEN, MN 55317 Check Date: 09/22/2005 t952) 2231140 Check #: 125511 CM OF AMOUNT CHAN}IhSSEN $12.074.04 PAY TWELVE THOUSAND SEVENTY-FOUR DOLLARS AND 04 CENTS*************************** TO THE FREDERICK & VALARIE RIESE ORDER 9154 SUNNYVALE DRIVE OF ' CHANHASSEN MN 55317 I'm L 25511119 I:0910011571: 00 257...7731211• oq-3Z, M te�, 2000 S m T T S, F m W T F 4 3 4 6 " I , 5 6 7 8 10 11 1 IS u it it v is H U 13 14 1516 i� E04 eS 1B 19 20 21 22 23 23 24 2 7 .. 26 '.W.W.j Y ...... 25 26 27 28 29 W 30 31 mi V Securities (start Due S p Category Description 6/15/05 6/ 1 i/05 F Escrows 0 CashEscrow 'Me Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2299 Notify Shantneen AI -Jeff jauo Wvam a.err. w wv, PvI le"KeD CITY OF CHANHASSEN • 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: FRED RIESE Date: 11/30/2004 Time: 12:02pm Receipt Number: DW / 5675 Clerk: DANIELLE SECURITY ESCROW GODDARD SCHOOL #04-32 ITEM REFERENCE ------------------------------------------- AMOUNT ESCRW SECURITY ESCROW SECURITY 13,415.60 Total: Check 2298 --------------- 13,415.60 13,415.60 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED Status Report 6/15/07 PLAN.OR2 Jul 2000 & us1200mbar bar 2000 S M T OJ T F S S M T W T F S M T W T F S 1 1 2 3 4 5 1 2 2 3 4 5 6 7 -6 7 6 9 1011 12 3 a--5 6 7 8 8 9 10 11 12 13 14 15 13 14 15161] 18 19 16 11.12 13 14.15 16 16 17 18 19 28 21 22 M 21 221. 23 24 25 26 1] 18.19 20 21.22 23 23 24 2526 27 28 29 27 28 29 30 31--- 24 25 26 V 28 29 9 Securities Start Due S P Category Descrption = 6/15/07 6/15/07 0 Escrows 0 Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $250 (original amount $13,415.60) Received 11/30/04 Check #2298 Notify Sharmeen AI-laff 7-6-05 Sharmeen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Sharmeen, status? Kim 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of 91.341.56 (10%). Check status on 9/22/06. Kim 8/31/06 - Per Jill okay to release $1,091.56 to leave a balance of $250. One red maple needs to be replaced. Notified Finance to issue check and return to me to send with cover letter. Check status 6/15/07. Kim 9n106 - Mailed letter and check. Kim 6/7/07 - Sharmeen, status? Kim Escmw released 5/8/07 Check #132863. ActivityClosed. Kim o Mpr Lodn naaebaaaa cap. MY07 at 10 u4 TM s -Sall n P=ProIry •GAINED Page 1 CITY OF CIIANNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952227.1170 Houses Phone: 952.227.1140 Fax 952227.1110 Park 6 Recreation Phone: 952.227.1120 Fax 952227.1110 Recreation Center 2310 Cooler Boulevard Phone: 952.227.1400 Fax 952.227.1404 Planning d Natural Resources Phone: 952227.1130 Fax 952227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web site www.ci.clanhassen.mn.us September 5, 2006 Mr. Fred Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 Re: Reduction of Landscape Escrow for The Goddard School Planning Case No. 04-32 Dear Fred: As a result of a recent inspection, the City is reducing your landscape escrow. Enclosed is a check in the amount of $1,091.56. The new total being held by the City is $250. This amount will be held for one year from this date. Any dead landscaping material must be replaced before the final release of the escrow. If you have any questions regarding this issue, please contact me. Sincerely, el �I k V- Jill Sinclair Environmental Resol Enc. g:\phn\2004 planning cases\04 SCANNED The City a1 Chanhassen • A growing community with clean lakes, quality schools, a Banning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Vendor: Riese Family Properties LLC Vendor No: Riesfred Vendor Acct No: Invoice Number Date Description 0432 09/06/2006 Partial release of security escrow AMERICANA CITY OF CHANHASSEN COMMUNITY BANK 7700 MARKET BLVD., P.O. BOX 147 CHANHASSEN. MN 55317 CHANHASSEN, MN 55317 75-196-919 - (952) 227-1140 Pay: *** One thousand, ninety-one dollars and Fifty-six cents ;t. •;a[=;acs�,:ai_•,:�asi!✓e n? 2 Date To the order of. " Riese Family Properties LLC 9154 Sunnyvale Drive Chanhassen, MN 55317 IN J;WJTN�9 1114ol Aim 11'130 SO S11' 1:09 190 19691: 60 949 Sill Check Date: Check Amount: 09/07/2006 $1,091.56 Invoice Amount 1,091.56 SCANNED 130505 Amount - Status Report 9/22/06 plan.0132 RP Securities Start -:>._._. - - 9/27./06 9/22/06 F Escrows ® Cash Fscmw, The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check#2298 Notify Sha arch AI-Jaff 7-6-05 Slarmeen - status? Kim 7-28-05 Per Shamteen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Shamreea, status? Kim `L 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of $1' 1.47 (10%). Check status on 9/22/06. Kim OteaatASM'ahp�a+Cwp aiaoe M77 u S=Slnm v_amnry pmt Status Report 9/22/06 plan.OR2 Qf Securities 9/22/06 9/22/06 F Escrows M Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Check #2298 Notify Sharman Al-laff 7-6-05 Sharmeen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Sharmeen, status? Kim 1 3/'41 • S � 9-22-05 - Jill sent letter to Developer returning $12,074.04 leaving a remaining balance of $irl+1. 1 (10%). Check status on 9/22/06. Kim 02W5 L.I. DwakplltlY Cb wlmat,2 M 3=SIe4 P•Pmft Pop CITY OF CHMIMSEN 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: 952.227.1404 Planning & Natural Resources Phone: 952.2221 130 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 September 22, 2005 Mr. Fred Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 Re: Reduction of Landscape Escrow for The Goddard School Planning Case No. 04-32 Dear Fred: The City is reducing your landscape escrow to 10% of its original value of $13,415.60. Enclosed is a check in the amount of $12,074.04. The new total being held by the City is $1,341.56. This amount will be held for one year from this date. Any dead landscaping material must be replaced before the final release of the escrow. If you have any questions regarding this issue, please contact me. Sincerely, JiD Sinclair Environmental Resources Specialist Enc. g:\plan\2004 planning cases\04-32 - the goddard schoaMscrow reduction letter.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. NO. 125511 Vendor: FRERIE FREDERICK & VALARIE RIESE Invoice # Invoice Date Description Distribution Amount DW5675 09/21/2005 SECURITY ESCROW 12,074.04 Check Amt Total: Check Date: 09/22/2005 CITY OF CHANH, 7700 MARKET BLVD., P.O. CHANHASSEN. MN 55317 1952) 227-1140 CITY OF CNAN}IASSEN � 4 PAY'`_:?¢_ TWELVE THOUSAND SEVEN? I To THE FREDERICK & VALARIE RI ORDER 9154 SUNNYVALE DRIVE OF CHANHASSEN MN 55317 MARSHALL & ILSLEY BANK il 1 7-1 1 5191 0 AND 04 CENTS*********** Check #: 125511 NO. 125511 Check Date: 09/22/2005 Check #: 125511 i; AMOUNT as F.' $12,074.04 ESE a � g I'm 1255L1ii• 1:09100ii5?1: 00257rr.773121i' Status Report 9/15/05 plan.0132 fo Securities Q1t 9/15/05 9/15/05 P Escrows Cash Escrow The Goddard School Planning Case #14-32 Site Plan Agreement $13,415.60 Received 1 Received 11/30/04 Check #2298 Go Notify Shama= AI-3aff 7-605 Shamxen - status? Kim 7-28-05 Per Sharmeen she gave extension to developer to complete the landscaping by 9-15-05. Kim 9-15-05 - Sharmeen, stams? Kim Caaa6laea De,k, +Cv, . f1t GMII"M �P~y t+e.r I Status Report 9/15/05 plan.OR2 JW 2000 te�,2000 S M T W T F S S M T W M T W T F S 1 1 2 8 � 9 S, 14 16 Ill ff ill ff*Y2YJi4 15 16 YIV YU M -M, 2,41 ... D &ff24*29 JW'IW'K 21 N n 24 M- II'2i -0 2*8" 2il 29.38..51...... ff �W 2T 26 �q M .51 ........................ .... ..... ..... ..... .... ................. .... 1811121514 E . p Qf Securities Istart Due S p Category Description 9/15/05 9/15/05 F E,cro,, D Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13,415.60 Received 11/30/04 Cheek #2298 Notify Shanneen Al-Jaff 7-6-05 Shanneen - status? Kim 7-28-05 Per Sharracen she gave extension to developer to complete the landscaping by 9-15-05. Kim emsrp�0.4opi 0( MWM al232 32 M $-S P=Pft* ftFI Status Report 6/15/05 plan.OR2 Jul 2000 Poi st 2000 is r2000 5 M T W T F S S M T W T F M T W T F S 1 2 3 4 5 1 2 3- 45� 6 7 6 6 7 8 9 to 1l 12 4 5 6 7,._8-""9 Yb"Yi'f2"T$"fa i6 13 14 15.15'i71 1819 1112 13 14 15"i' 7718'1920 21'22 2921 22232425 Iz6 1919 20 21 22" 24'25 2e"2] 29 29 2] 29 29 39 ]1 ""' '$5'26 27 26 29,.. W Securities f =� Due S P Category Description 6/15/05 6/15/05 F EScrOWS W Cash Escrow The Goddard School Planning Case #04-32 Site Plan Agreement $13.415.60 Received 11/30/04 Check #2298 Notify Sha7meen Al-Jaff ea0oblo..o«.bpr.YCWp Ir M&12M 9 Pauly Pn l CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: FRED RIESE Date: 11/30/2004 Time: 12:02pm Receipt Number: DW / 5675 Clerk: DANIELLE SECURITY ESCROW GODDARD SCHOOL #04-32 ITEM REFERENCE AMOUNT ------------------------------------------- ESCRW SECURITY ESCROW SECURITY 13 415.60 Total: Check 2298 --------------- 13,415.60 13,415.60 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! 6CANN20 CITY OF CHANHASSEN SITE PLAN PERMIT #04-32 SPECIAL PROVISIONS AGREENU NT dated October 11, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and FRED C. RIESE AND VALAIRE P. RIESE, husband and wife (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan to construct an 8,068 square -foot building — The Goddard School (referred to in this Permit as the "project'). The land is legally described as Lot 1, Block 1, Old Village Hall. 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 (T1.1) - Title Sheet dated received September 30, 2004, prepared by Broad Ripple Design Assoc. LLC and John Oliver & Associates, Inc. Plan B (CM) - Existing Conditions and Removals dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan C (C2.1) - Site Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan D (C3.1) - Erosion Control & Grading Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan E (C4.1) - Utility Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan F (C5.1) - Site Lighting Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan G (C6.1) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan H (C6.2) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan I (LIA) - Landscape Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan J (AM) - Floor Plan dated received September 30, 2004. Plan K (A2.1) - Exterior Elevations dated received September 30, 2004, prepared by Broad Ripple Design Associates, LLC. Plan L (A2.2) - Enlarged Entry Elevations dated received September 30, 2004. Plan M (AM) - Building Cross Section dated received September 30, 2004. Plan N (A3.2) - Wall Sections dated received September 30, 2004. Plan O (A5.1) - Roof Plan & Roof Details dated received September 30, 2004. Plan P (A9.1) - Fixture Plan dated received September 30, 2004. Plan Q (A10.1) - Building Data Plan dated received September 30, 2004. 2 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 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 $13,415.60 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Fred C. Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 (952)233-1633 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On October 11, 2004, the City Council adopted the following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to house a school as shown on the plans dated received September 3, 2004, subject to the following conditions: A. Applicant shall preserve all existing trees south of the grading limits and outside of the property lines. Any trees removed will be replaced at a rate of 2:1 diameter inches. 3 B. Applicant shall move the red maple shown in the southeastern corner of the site to a location within the grading limits. A revised landscape plan shall be submitted to the city. C. Permits from the appropriate regulatory agencies will have to be obtained including but not limited to the MPCA and Watershed District. D. Add detail sheet showing City Detail Plate Nos. 1002, 1006, 2001, 3101, 3102, 5201, 5203, 5214 and 5300. E. Sanitary sewer and water hookup charges are applicable for the new building. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. F. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. G. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota and require a permit from the Building Department. A 4 -foot safety fence must be included on top of the wall where adjacent to a pedestrian walkway. H. On the site plan, revise the handicap parking stall from 9 -inch to 9 -feet. I. On the utility plan: - Revise the sanitary sewer pipe class from SDR35 to SDR26. - Revise the watermain pipe from CL55 to CL52. J. Show all existing easements on the plans. K. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the FFE of the building and the emergency overflow elevations of the side yard areas. L. Storm sewer sizing calculations for a 10 -year storm event must be submitted prior to building permit approval M. Tree protection fencing must be installed around all trees in the construction zone that will remain. N. All roof top equipment shall be screened. O. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. P. Fire Marshal Conditions: 1. The building will be built to the 2000 International Fire Code as adopted by the State of Minnesota not the NFPA 1012000 We Safety Code. 2. Builder must comply with the following Chanhassen Fire Department/Fire Prevention policies (copies enclosed): • 01-1990 regarding fire alarm systems • 04-1991 regarding notes to be included on all site plans • 07-1991 regarding pre -fire plan drawings. • 29-1992 regarding premise identification • 36-1994 regarding proper water line sizing • 40-1995 regarding fire protection systems • 34-1993 regarding water service installation 3. The 4 -inch ductal iron pipe as shown on page C4-1 should be no smaller than 6 - inch per NFPA 13 Sect. 9-1.3. Q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The accessible parking spaces must be located on the shortest possible route to the buildings served. 4. Roof drain piping must be air tested within 10 feet of the building. 5. Detailed occupancy related requirements will not be reviewed until complete plans are submitted for a building permit. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. R. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. No neon or high intensity lighting will be allowed." & General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 5 CITY OF CHANHASSEN M (SEAL) alt STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this_day of 2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: Iav Its STATE OF MINNESOTA ) (ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2004 by NOTARY PUBLIC D 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 Un STATE OF MINNESOTA ) ( ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2004, by NOTARY PUBLIC City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 CITY OF CHANHASSEN SITE PLAN PERMIT =01 V. 1 i 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 D, 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 0 shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers 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 W the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall 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 Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. 10 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. 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. 11 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. 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 Re lug 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. 12 N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplanQ004 planning cases\04-32 - the goddard schooMpa.doc 13 0 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 General Phone: 952-227-1100 Administrative Fax: 952-227-1110 Bldg/Inspections Fax: 952-227-1190 Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 Web Address: www.cLchanhassen.mn.us FAX COVER SHEET Date: /0 - /3 -0-t5-- Company: 0.S Company: Attention: Fax Number: Sent By: Direct Dial .5a - 4L/K - 5�5 s - 0j5 a- aa7 -1l0L/ Sending -4-- pages, including cover page. ❑ Please find the information you requested ❑ Please review and call me ❑ Please call to confirm receipt of this fax 01 If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. r • • (Reserved for Recording Data) CERTIFICATE OF COMPLIANCE WITH COVENANTS (RELEASE OF RIGHT OF FORFEITURE) THIS CERTIFICATE OF COMPLIANCE WITH COVENANTS ("Certificate") is granted this 136 day of October, 2005 by the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, a Minnesota public body corporate and politic ("EDA"). WHEREAS, the EDA did on the 27'h day of October, 2004 transfer and sell certain property owned by the EDA to Frederick C. Riese and Valaire Riese, husband and wife, by Limited Warranty Deed ("Deed") the real property located in Carver County, Minnesota described on Exhibit "A" attached hereto ("Real Property") subject to the conditions of Minn. Stat. § 469.048 through § 469.068; and WHEREAS, the Rieses have complied with all of the terms and conditions of the conditions in Minn. Stat. § 469.048 through § 469.068 and all of the conditions of the EDA related thereto and the Rieses have requested that the EDA issue a Certificate of Compliance with Covenants; and WHEREAS, the IDA has determined that it is appropriate to issue a Certificate of Compliance with Covenants. NOW, THEREFORE, the Economic Development Authority in and for the City of Chanhassen states as follows: 1. Compliance with Covenants. That the Rieses have complied with all of the covenants required under the terms of the Deed and all of the requirements of the IDA and that a Certificate of Compliance with Covenants is hereby issued. 2. The Real Property is hereby released from the conditions of Minn. Stat. § 469.048 through § 469.068 relating to the use of the Real Property and the IDA hereby releases all of its 121253 rights to declare a breach of the covenants and conditions and seek a decree from the District Court declaring a forfeiture and a cancellation of the Deed. 3. This Certificate can be filed in the Office of the Carver County Recorder. IN WITNESS WHEREOF, the Economic Development Authority in and for the City of Chanhassen has caused this Certificate to be duly executed in its name and on its behalf as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY IN -R TWITY OF CHANHASSEN Rv- Todd Gerhardt, Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this � day of October, 2005, by Todd Gerhardt, the Executive Director of the Economic Development Authority in and for the City of Chanhassen, a Minnesota public body corporate and politic, on its behalf. Notary Pub Wi J.C''NGELry Public-MlnmWbn - Je0 �7, 2010 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 [1FKl 121253 2 0 EXHIBIT "A" LI Lot One (1), Block One (1), Old Village Hall, according to the plat thereof now on file and of record in the Office of the County Recorder, Carver County, Minnesota. 121253 3 Document No. OFFICE OF THE A402768 COUNTY RECORDER I II II I IiI I I IIIII I I I II Fee. CARVER COUNTY, MINNESOTA N 1302A Certified Recorded on 12-06-2004 at 11:0012 ❑ P M 2004-12-06 1111111 IIII IIIIIIIIII IIII IIIIII 11111 IIII I IIIII IIIIIIII C my ecorder r CITY OF CHANHASSEN SITE PLAN PERMIT #04-32 SPECIAL PROVISIONS AGREEMENT dated October 11, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and FRED C. RIESE AND VALAIRE P. RIESE, husband and wife (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan to construct an 8,068 square -foot building — The Goddard School (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Old Village Hall. 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 (T1.1) - Title Sheet dated received September 30, 2004, prepared by Broad Ripple Design Assoc. LLC and John Oliver & Associates, Inc. Plan B (CIA) - Existing Conditions and Removals dated received September 30, 2004, prepared by John Oliver & Associates, Inc. 1 C14'r*f ru""ao 0 0 Plan C (C2.1) - Site Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan D (C3.1) - Erosion Control & Grading Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan E (C4.1) - Utility Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan F (C5.1) - Site Lighting Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan G (C6.1) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan H (C6.2) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan I (LIA) - Landscape Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan J (AM) - Floor Plan dated received September 30, 2004. Plan K (A2.1) - Exterior Elevations dated received September 30, 2004, prepared by Broad Ripple Design Associates, LLC. Plan L (A2.2) - Enlarged Entry Elevations dated received September 30, 2004. Plan M (AM) - Building Cross Section dated received September 30, 2004. Plan N (A3.2) - Wall Sections dated received September 30, 2004. Plan O (A5.1) - Roof Plan & Roof Details dated received September 30, 2004. Plan P (A9.1) - Fixture Plan dated received September 30, 2004. Plan Q (A10.1) - Building Data Plan dated received September 30, 2004. 2 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 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 $13,415.60 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Fred C. Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 (952)233-1633 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On October 11, 2004, the City Council adopted the following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to house a school as shown on the plans dated received September 3, 2004, subject to the following conditions: A. Applicant shall preserve all existing trees south of the grading limits and outside of the property lines. Any trees removed will be replaced at a rate of 2:1 diameter inches. 9 0 6 B. Applicant shall move the red maple shown in the southeastern corner of the site to a location within the grading limits. A revised landscape plan shall be submitted to the city. C. Permits from the appropriate regulatory agencies will have to be obtained including but not limited to the MPCA and Watershed District. D. Add detail sheet showing City Detail Plate Nos. 1002, 1006, 2001, 3101, 3102, 5201, 5203, 5214 and 5300. E. Sanitary sewer and water hookup charges are applicable for the new building. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. F. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. G. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota and require a permit from the Building Department. A 4 -foot safety fence must be included on top of the wall where adjacent to a pedestrian walkway. H. On the site plan, revise the handicap parking stall from 9 -inch to 9 -feet. I. On the utility plan: - Revise the sanitary sewer pipe class from SDR35 to SDR26. - Revise the watermain pipe from CL55 to CL52. J. Show all existing easements on the plans. K. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the FFE of the building and the emergency overflow elevations of the side yard areas. L. Storm sewer sizing calculations for a 10 -year storm event must be submitted prior to building permit approval M. Tree protection fencing must be installed around all trees in the construction zone that will remain. N. All roof top equipment shall be screened. O. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. P. Fire Marshal Conditions: 1. The building will be built to the 2000 International Fire Code as adopted by the State of Minnesota not the NFPA 1012000 Life Safety Code. 2. Builder must comply with the following Chanhassen Fire Department/Fire Prevention policies (copies enclosed): • 01-1990 regarding fire alarm systems • 04-1991 regarding notes to be included on all site plans • 07-1991 regarding pre -fire plan drawings. • 29-1992 regarding premise identification • 36-1994 regarding proper water line sizing • 40-1995 regarding fire protection systems • 34-1993 regarding water service installation 3. The 4 -inch ductal iron pipe as shown on page C4-1 should be no smaller than 6 - inch per NFPA 13 Sect. 9-1.3. Q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The accessible parking spaces must be located on the shortest possible route to the buildings served. 4. Roof drain piping must be air tested within 10 feet of the building. 5. Detailed occupancy related requirements will not be reviewed until complete plans are submitted for a building permit. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. R. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. No neon or high intensity lighting will be allowed." 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 0 (SEAL) STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) 0 CITY OF CHANHASSEN BY: Fcw" Tom Furlong, Mayor AND:�ZV'6'jw— forld Gerhardt, City Manager The foregoing instrument was acknowledged before me thisLday of be( tm i 2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUbtit CqqKlM AAAAAAAAAA T. MEUWISSENotaryPublic-Minnesota CARVER COUNTY mmission Expires 1(31/2005VVVVVWVNVV DEVELOPER: BY. STATE OF MINNESOTA ) (ss COUNTY OF ) Theoregoin$$ instrument was acknowledged before me this day 2004 by t rKh v Lee Lary-)pb±--re, ri la.�/L_ NOTARY PUBIIC 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 -Y day of &��&, 2004 By l/l/ Its STATE OF MINNESOTA ) COUNTY OF daf V -t r' ( ss The foregoing instrument was acknowledged before me this 2E day of&/0 2004 , by YlA ep Lzme2i B RENDA (0 My MyCom 31, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 0 0 CITY OF CHANHASSEN SITE PLAN PERMIT fx�l: r 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 D, 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 0 0 0 shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including 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 0 0 0 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 attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This 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. Miseellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. 10 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. 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. Recordine. 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. 11 I 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. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. ations. In the development of the 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. 12 N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplan\2004 planning c m\04-32 - the goddard schooftpa.doc 13 Hum oaf -3i Phone: 55211 Fax: 952.227.1110 soil corrections. I had previouslyextended the deadline to complete improvements on PP June 2, 2005 CITY OF 2005, to was apparent that meeting the July 15, 2005 deadline is not possible. CIIANIIASSEN Fred C. Riese 9154 Sunnyvale Drive 7700 Market Boulevard Chanhassen, MN 55317 PO Boz 147 Chanhassen, MN 55317 Erosion control fences must be maintained until vegetation has been reestablished. Planning & Natural Resources Dear Mr. Riese: Administration Phone: 952.227,1100 Fax: 952.227.1110 This letter is in response to our request to extend the time of performance for P Y The Goddard School. The SITE PLAN PERMIT CASE # 04-32, Section 4, states Building Inspections "Time of Performance. The Developer shall install all required screening and P:2100 Fax: 952.227.1190 landscaping byJune 15, 2005. The DevelopermayhoweV¢r, request t ori extension of time from the City. If an extension is granted, it shall be conditioned upon Engineering updating the security posted by the Developer to reflect cost increases and the Phone: 952227.1160 Fax: 952.227.1170 extended completion date. » Hum Construction on the Goddard School site was delayed due to unforeseen difficulty with Phone: 55211 Fax: 952.227.1110 soil corrections. I had previouslyextended the deadline to complete improvements on PP the site to July 15, 2005. After our telephone conversation which took place on June 1, Park & Recreation 2005, to was apparent that meeting the July 15, 2005 deadline is not possible. Phone: 952.227.1120 Fax: 952.227.1110 Therefore, the date will be extended to September 15, 2005. Also, since the landscape bids were submitted less than a year ago, and since the City required 110% of the bid Recreation Center 2310 Coulter Boulevard value, the security posted is still valid and sufficient. - Phone: 952227.1400 Fax: 952.227.1404 Erosion control fences must be maintained until vegetation has been reestablished. Planning & Natural Resources If you have any questions, please feel free to contact me. Phone: 952.227.1130 Fax: 952.227.1110 Sincerely, Public Works --' 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Sharmeen Al-Jaff Senior Center Senior Planner Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhasseamn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. 0 0 March 14, 2005 CITY OF Construction on the Goddard School site was delayed due to unforeseen difficulty with CI1MSEN Fred C. Riese L�� 9154 Sunnyvale Drive 7700 Market Boulevard Chanhassen, MN 55317 PO Boz 147 were submitted less than a year ago, and since the City required 110% of the bid value, Chanhassen, MN 55317 the security posted is still valid and sufficient. Recreation Center Dear Mr. Riese: Administration P 521100 Fax: 952.227.1110response This letter is in res onse to your request to extend the time of Performance for Fax: 952.227.1404 The Goddard School. The SITE PLAN PERMIT CASE # 04-32, Section 4, states Building Inspections P:952100 "Time of Performance. The Developer shall install all required screening and Fax:952227.1190 landscaping by lune 15, 2005The Developer may. however, request t an extension of time from the City. If an extension is granted, it shall be conditioned upon Engineering updating the security posted by the Developer to reflect cost increases and the Phone: 952.227.1700 Fax: 952.227.1170mP Mended co letion date." Finance Construction on the Goddard School site was delayed due to unforeseen difficulty with Phone: 952.227.1140 Fax: 952.227,1110 relocation of utilitylines. This will subsequently result in a dela to complete the �1 Y Y P Phone: 952.227.1130 landscaping and site improvements by June 15, 2005, as stated in the agreement. Park s Recreation Therefore, the date will be extended to July 15, 2005. Also, since the landscape bids •PFax:955227.1110 Fax: 952.227.1110 were submitted less than a year ago, and since the City required 110% of the bid value, 1591 Park Road the security posted is still valid and sufficient. Recreation Center Sharmeen Al-Jaff 2310 Coulter Boulevard Phone: 952.227,1400 Erosion control fences must be maintained until vegetation has been reestablished. Fax: 952.227.1404 Planning & If you have any questions, please feel free to contact me. Natural Resources Phone: 952.227.1130 Sincerely, Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Sharmeen Al-Jaff Fax: 952.227.1310 Senior Planner Senior Center Phone: 9522271125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn, us SCANNED The City of Chanhassen • A growing community with clean lakes. quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A greal place to live, work, and play. t CITY OF CHANHA SEN 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 DATE JOB NO. 12/1/04 2004-32 SPR ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ 1 I 10/11/04 I 04-32 I Site Plan Agreement for Lot 1, Block 1, Old Village Hall (The Godda THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Fred C. Riese ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SIGNED:— Kim Meuwissen, (952) 227-1107 N enclosures are not as noted, kindly notify us at once. •CANNt9 r CITY OF CHANHASSEN SITE PLAN PERMIT #04-32 SPECIAL PROVISIONS 0 AGREEMENT dated October 11, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and FRED C. RIESE AND VALAIRE P. RIESE, husband and wife (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan to construct an 8,068 square -foot building — The Goddard School (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Old Village Hall. 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 (T1.1) - Title Sheet dated received September 30, 2004, prepared by Broad Ripple Design Assoc. LLC and John Oliver & Associates, Inc. Plan B (C1.1) - Existing Conditions and Removals dated received September 30, 2004, prepared by John Oliver & Associates, Inc. az=A33 0 0 Plan C (C2.1) - Site Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan D (CM) - Erosion Control & Grading Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan E (C4.1) - Utility Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan F (C5.1) - Site Lighting Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan G (C6.1) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan H (C6.2) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan I (LIA) - Landscape Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan J (AM) - Floor Plan dated received September 30, 2004. Plan K (A2.1) - Exterior Elevations dated received September 30, 2004, prepared by Broad Ripple Design Associates, LLC. Plan L (A2.2) - Enlarged Entry Elevations dated received September 30, 2004. Plan M (AM) - Building Cross Section dated received September 30, 2004. Plan N (A3.2) - Wall Sections dated received September 30, 2004. Plan O (A5.1) - Roof Plan & Roof Details dated received September 30, 2004. Plan P (A9.1) - Fixture Plan dated received September 30, 2004. Plan Q (A10.1) - Building Data Plan dated received September 30, 2004. LI 0 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 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 $13,415.60 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Fred C. Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 (952) 233-1633 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On October 11, 2004, the City Council adopted the following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to house a school as shown on the plans dated received September 3, 2004, subject to the following conditions: A. Applicant shall preserve all existing trees south of the grading limits and outside of the property lines. Any trees removed will be replaced at a rate of 2:1 diameter inches. 3 0 0 B. Applicant shall move the red maple shown in the southeastern corner of the site to a location within the grading limits. A revised landscape plan shall be submitted to the city. C. Permits from the appropriate regulatory agencies will have to be obtained including but not limited to the MPCA and Watershed District. D. Add detail sheet showing City Detail Plate Nos. 1002, 1006, 2001, 3101, 3102, 5201, 5203, 5214 and 5300. E. Sanitary sewer and water hookup charges are applicable for the new building. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. F. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. G. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota and require a permit from the Building Department. A 4 -foot safety fence must be included on top of the wall where adjacent to a pedestrian walkway. H. On the site plan, revise the handicap parking stall from 9 -inch to 9 -feet. I. On the utility plan: - Revise the sanitary sewer pipe class from SDR35 to SDR26. - Revise the watermain pipe from CL55 to CL52. J. Show all existing easements on the plans. K. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the FFE of the building and the emergency overflow elevations of the side yard areas. L. Storm sewer sizing calculations for a 10 -year storm event must be submitted prior to building permit approval M. Tree protection fencing must be installed around all trees in the construction zone that will remain. N. All roof top equipment shall be screened. O. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 4 0 0 P. Fire Marshal Conditions: 1. The building will be built to the 2000 International Fire Code as adopted by the State of Minnesota not the NFPA 1012000 Life Safety Code. 2. Builder must comply with the following Chanhassen Fire Department/Fire Prevention policies (copies enclosed): • 01-1990 regarding fire alarm systems • 04-1991 regarding notes to be included on all site plans • 07-1991 regarding pre -fire plan drawings. • 29-1992 regarding premise identification • 36-1994 regarding proper water line sizing • 40-1995 regarding fire protection systems • 34-1993 regarding water service installation 3. The 4 -inch ductal iron pipe as shown on page C4-1 should be no smaller than 6 - inch per NFPA 13 Sect. 9-1.3. Q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The accessible parking spaces must be located on the shortest possible route to the buildings served. 4. Roof drain piping must be air tested within 10 feet of the building. 5. Detailed occupancy related requirements will not be reviewed until complete plans are submitted for a building permit. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. R. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. No neon or high intensity lighting will be allowed." 8. General Conditions. The general conditions of this Pen -nit are attached as Exhibit "B" and incorporated herein. 5 0 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) E CITY OF CHANHASSEN BY: 12v L Tom Furlong, Mayor AND:�Zv'n'zq—od d Gerhardt, City Manager The foregoing instrument was acknowledged before me this 19 of ,ember 2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corp ration and pursuant to the authority granted by its City Council. NOTARY P AMMAAMMMMA T. MEUWISSEN RKIM NotaryPublic-MinnesotaVVW CARVER COUNTYCommission expires W1I2005 Wv DEVELOPER: STATE OF MINNESOTA 1 BYYG%�.(// Its ll t 4e4 d c,1fi-- (ss COUNTY OF Theoregoing instrument was acknowledged before me this JQ day 2004 by t it%h LeP L ovr ah Pre BRENDA 4 LAWHERE t4dary PLMC-� W Comm. EXPWN Jn 31.7AD8 31 0 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this -yday of 1t11rn h(2l)04 Its 9� I.�L0O0/t/t STATE OF MINNESOTA ) (ss COUNTY OF ,9-r The foregoin instrument was acknowledged before me this X day of)l ✓oA� 2004, by I tl Lep, Larn,p Qi BRENDA L LANWHERE NMI H,bb-� My Comm. EXOOYM Am 91.2000 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 0 0 CITY OF CHANHASSEN SITE PLAN PERMTr ..11: t 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 Recorders 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 D, 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 E 0 0 shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers 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 0 0 0 the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This 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 Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. 10 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. 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. 11 0 0 I 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. 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: 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 cormnissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. 12 • • r N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplan\2004 planning cases\04-32 - the goddard schwMpa.doc 13 CITYOF 7160 Market Boulevard PO Bax 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 Cou0er Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952227.1130 Fax: 952.22 7.1110 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 0 November 4, 2004 Fred C: Riese City of Chanhassen 9154 Sunnyvale Drive Chanhassen, MN 55317 Dear Mr. Riese: 0 1. This letter is to formally notify you that on October 11, 2004, the City Council adopted the following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to house a school as shown on the plans dated received September 3, 2004, subject to the following conditions: Applicant shall preserve all existing trees south of the grading limits and outside of the property lines. Any trees removed will be replaced at a rate of 2:1 diameter inches. 2. Applicant shall move the red maple shown in the southeastern corner of the site to a location within the grading limits. A revised landscape plan shall be submitted to the city. 3. Permits from the appropriate regulatory agencies will have to be obtained including but not limited to the MPCA and Watershed District. 4. Add detail sheet showing City Detail Plate Nos. 1002, 1006, 2001, 3101, 3102, 5201, 5203, 5214 and 5300. 5. Sanitary sewer and water hookup charges are applicable for the new building. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. 6. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. 7. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota and require a permit from the Building Department. A 4 -foot safety fence must be included on top of the wall where adjacent to a pedestrian walkway. 8. On the site plan, revise the handicap parking stall from 9 -inch to 9 -feet. sc,kNt4eC 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. Fred C. Riese • • The Goddard School November 4, 2004 Page 2 9. On the utility plan: - Revise the sanitary sewer pipe class from SDR35 to SDR26. - Revise the watermain pipe from CL55 to CL52. 10. Show all existing easements on the plans. 11. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the HE of the building and the emergency overflow elevations of the side yard areas. 12. Storm sewer sizing calculations for a 10 -year storm event must be submitted prior to building permit approval 13. Tree protection fencing must be installed around all trees in the construction zone that will remain. 14. All roof top equipment shall be screened. 15. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 16. Fire Marshal Conditions: a. The building will be built to the 2000 International Fire Code as adopted by the State of Minnesota not the NFPA 1012000 Life Safety Code. b. Builder must comply with the following Chanhassen Fire Department/Fire Prevention policies (copies enclosed): • 01-1990 regarding fire alarm systems • 04-1991 regarding notes to be included on all site plans • 07-1991 regarding pre -fire plan drawings. • 29-1992 regarding premise identification • 36-1994 regarding proper water line sizing • 40-1995 regarding fire protection systems • 34-1993 regarding water service installation c. The 4 -inch ductal iron pipe as shown on page C4-1 should be no smaller than 6 -inch per NFPA 13 Sect. 9-1.3. 17. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. The accessible parking spaces must be located on the shortest possible route to the buildings served. d. Roof drain piping must be air tested within 10 feet of the building. Fred C. Riese • • The Goddard School November 4, 2004 Page 3 e. Detailed occupancy related requirements will not be reviewed until complete plans are submitted for a building permit. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 18. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. No neon or high intensity lighting will be allowed." Please find attached a Site Plan Agreement for you to sign, notarize and return to my attention along with the financial guarantee in the amount of $13,415.60. A building permit cannot be issued until the Site Plan Agreement has been executed and recorded at Carver County and financial guarantees submitted to the City along with any easements. If you have any questions, please feel free to contact me at (952) 227-1134 or email me at saliaff @ci.chanhassen.mn.us. Sharmeen A]-Jaff Senior Planner c: Steve Torell, Building Official Matt Saam, Acting City Engineer 0 CITY OF CHANHASSEN SITE PLAN PERMIT #04-32 SPECIAL PROVISIONS 11 AGREEMENT dated October 11, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and FRED C. RIESE AND VALAIRE P. RIESE, husband and wife (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan to construct an 8,068 square -foot building — The Goddard School (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Old Village Hall. 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 (TIA) - Title Sheet dated received September 30, 2004, prepared by Broad Ripple Design Assoc. LLC and John Oliver & Associates, Inc. Plan B (CM) - Existing Conditions and Removals dated received September 30, 2004, prepared by John Oliver & Associates, Inc. 0 0 Plan C (C2.1) - Site Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan D (CM) - Erosion Control & Grading Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan E (C4.1) - Utility Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan F (C5.1) - Site Lighting Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan G (C6.1) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan H (C6.2) - Site Details dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan I (M.l) - Landscape Plan dated received September 30, 2004, prepared by John Oliver & Associates, Inc. Plan J (ALL) - Floor Plan dated received September 30, 2004. Plan K (A2.1) - Exterior Elevations dated received September 30, 2004, prepared by Broad Ripple Design Associates, LLC. Plan L (A2.2) - Enlarged Entry Elevations dated received September 30, 2004. Plan M (AM) - Building Cross Section dated received September 30, 2004. Plan N (A3.2) - Wall Sections dated received September 30, 2004. Plan O (AM) - Roof Plan & Roof Details dated received September 30, 2004. Plan P (A9.1) - Fixture Plan dated received September 30, 2004. Plan Q (A10.1) - Building Data Plan dated received September 30, 2004. N 0 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 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 $13,415.60 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Fred C. Riese 9154 Sunnyvale Drive Chanhassen, MN 55317 (952)233-1633 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On October 11, 2004, the City Council adopted the following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to house a school as shown on the plans dated received September 3, 2004, subject to the following conditions: A. Applicant shall preserve all existing trees south of the grading limits and outside of the property lines. Any trees removed will be replaced at a rate of 2:1 diameter inches. 3 B. Applicant shall move the red maple shown in the southeastern comer of the site to a location within the grading limits. A revised landscape plan shall be submitted to the city. C. Permits from the appropriate regulatory agencies will have to be obtained including but not limited to the MPCA and Watershed District. D. Add detail sheet showing City Detail Plate Nos. 1002, 1006, 2001, 3101, 3102, 5201, 5203, 5214 and 5300. E. Sanitary sewer and water hookup charges are applicable for the new building. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. F. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. G. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota and require a permit from the Building Department. A 4 -foot safety fence must be included on top of the wall where adjacent to a pedestrian walkway. H. On the site plan, revise the handicap parking stall from 9 -inch to 9 -feet. I. On the utility plan: - Revise the sanitary sewer pipe class from SDR35 to SDR26. - Revise the watermain pipe from CL55 to CL52. I Show all existing easements on the plans. K. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the FFE of the building and the emergency overflow elevations of the side yard areas. L. Storm sewer sizing calculations for a 10 -year storm event must be submitted prior to building permit approval M. Tree protection fencing must be installed around all trees in the construction zone that will remain. N. All roof top equipment shall be screened. O. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 4 0 P. Fire Marshal Conditions: 1. The building will be built to the 2000 International Fire Code as adopted by the State of Minnesota not the NFPA 1012000 Life Safety Code. 2. Builder must comply with the following Chanhassen Fire Department/Fire Prevention policies (copies enclosed): • 01-1990 regarding fire alarm systems • 04-1991 regarding notes to be included on all site plans • 07-1991 regarding pre -fire plan drawings. • 29-1992 regarding premise identification • 36-1994 regarding proper water line sizing • 40-1995 regarding fire protection systems • 34-1993 regarding water service installation 3. The 4 -inch ductal iron pipe as shown on page C4-1 should be no smaller than 6 - inch per NFPA 13 Sect. 9-1.3. Q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The accessible parking spaces must be located on the shortest possible route to the buildings served. 4. Roof drain piping must be air tested within 10 feet of the building. 5. Detailed occupancy related requirements will not be reviewed until complete plans are submitted for a building permit. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. R. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. No neon or high intensity lighting will be allowed." S. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. W 0 (SEAL) STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) 0 CITY OF CHANHASSEN M Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this_day of , 2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: In Its STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2004 by NOTARY PUBLIC 0 0 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 2004 STATE OF MINNESOTA ) (ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN PERMIT GENERAL CONDMONS 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 Recorders 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 D, 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 9 0 0 shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers 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 E 0 the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This 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 Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. IR 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. 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. Recordine. 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. 11 I 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. 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: 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 inquest, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. 12 • N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplant2004 planning cases\04-32 - the goddard schwhspa.doc 13