Recording Transmittal 07-11
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
6/14/07 07-11
ATTENTION
Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8J Attached D Under separate cover via the following items:
D Shop drawings
D Copy of letter
D Prints
D Change Order
D Plans D Samples D Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 5/29/07 07-11 Site Plan Permit 2007-11 (Outset, Inc. - Lot 5, Block 2, Chanhassen
West Business Park)
THESE ARE TRANSMITTED as checked below:
D For approval
D Approved as submitted
D Approved as noted
D Resubmit copies for approval
D Submit copies for distribution
D For your use
D As requested
D Returned for corrections
D Return corrected prints
D For review and comment [8J For Recording
D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Mark Undestad, Eden Trace Corporation
SIGNED.
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 07-11
SPECIAL PROVISIONS
AGREEMENT dated May 29,2007, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a Site Plan for a 48,042 square-foot, one-story office warehouse building with a Variance for
a 12.9 square-foot logo above the main entry (referred to in this Permit as the "project"). The land
is legally described as Lot 5, Block 2, Chanhassen West Business Park.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Permit, the written terms shall control. The plans are:
Plan A--Site Plan prepared by Houwman Architects, dated 4/13/07.
Plan B--Grading Plan prepared by Schoell Madson, dated 04/13/07.
Plan C--Landscaping Plan prepared by Schoell Madson, dated 04/13/07.
Plan D--Utility Plans prepared by Schoell Madson, dated 04/13/07.
4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 2008. 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
$5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a
Certificate of Occupancy prior to the installation of site landscaping, then the developer shall
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provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation
of said landscaping.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
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:
Eden Trace Corporation.
Attn: Mark Undestad
8156 Mallory Court
Chanhassen, MN 55317
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. City Council approves a Site Plan for a 48,042 square-foot,
one-story office warehouse building with a Variance for a 12.9 square-foot logo above the main
entry subject to the following conditions:
a. Architectural elements, such as the use of tiling, creating colored block patterns or the use
of circular windows, shall be added in the wall panels on the north side of the building to
provide additional articulation.
b. The developer shall connect the internal sidewalks to the public sidewalk in Galpin
Court. Pedestrian ramps shall be installed at all curbs along this pathway.
c. The berm on the north side of the building shall be extended into Outlot C, Chanhassen
West Business Park.
d. The Park Dedication Fee for Lot 5, Block 2 is $39,960.58 to be paid at the time of
building permit issuance.
e. The applicant shall revise the landscape plan to show a total of 19 overstory trees within
the vehicular use area. Two landscape peninsulas shall be added to the west parking area.
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f. Tree preservation fencing is required to be installed prior to any construction around
existing trees in Outlot C and any trees preserved along the north property line.
g. A lO-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, Xcel energy, Qwest, cable TV and transformer boxes.
h. No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
1. A Storm Water Pollution Prevention Plan shall be developed by the engineer for the site.
The SWPPP shall be submitted to the City for review by the Carver Soil and Water
Conservation District prior to beginning construction. The SWPPP shall be in place prior
to applying for the NPDES Phase n Construction Permit. Additional information
regarding SWPPP requirements can be obtained through the MPCA Storm Water Web
Site. The SWPPP shall include all standard detail plates, sequencing of the project and
seeding and mulching specifications.
J. Temporary and permanent erosion control plans and details shall be included in the plans.
Temporary erosion control may consist of Type 1 mulch, as well as temporary and
permanent seed mixes.
k. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1.
1. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 t03:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
m. Inlet controls are needed for all inlets throughout the project and shall be installed within
24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with
12 inches of %-inch rock over each cover may be used. Once casting of inlets takes
place, inlet controls shall be installed within 24 hours. Inlet protection shall be
maintained on a regular basis. The plans and SWPPP shall be revised to include standard
details for all inlet protection devices.
n. Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and
stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining
areas. All areas of silt fence shown on the plan that are not parallel to the proposed
contours of the property shall have J-Hooks installed every 50 feet.
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o. Erosion control shall be installed and inspected prior to any site grading.
p. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed. Provisions for street cleaning shall be included in the SWPPP.
q. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(i.e. Carver County Water Resource Management Area, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
r. The plan must be revised so that the grades over the existing storm sewer on the west side
are not altered.
s. The plans must be modified so that the wall is a minimum of 15 feet from the storm
sewer.
1. The property owner must sign an encroachment agreement for the western retaining wall.
u. The developer's engineer must submit a sketch verifying that construction of the retaining
wall on the east side of the property will not compromise the tree preservation area within
Outlot C.
v. The contractor must call the City to inspect the connection to the sanitary sewer manhole.
w. The buildings are required to have an automatic fire extinguishing system.
x. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
y. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
Z. The total sign area for the building shall not exceed 73 square feet including the approved
logo.
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8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
AND:
DEVELOPER:
BY: ~ 5L-)
-
Mark Undestad p,
Its~ ~
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) -th
The foregoing instrument was acknowledged before me this~day of:S-Llne... ,2001,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council. ~ ~ --r YYl L ,~
-, NOTARY.P~
STATE OF MINNESOTA ) I ?~)~~~~~~ KIM T. MEUWISSEN j
( ss. ~~.l Notary Public-Minnesota
COUNTY OF) <..... Mycomml;onEXPireSJan31.2010
h'1 The foregoing instrument was acknowledged before me this ~ day of ( It L-
20~ by ,M tJ. f'K t.t"eI"Sf"k,l .
DRAFfED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
"-~r
NOTARYPUBLI
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
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 B, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
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 a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
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7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. 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. 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
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right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment 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 request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if 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.
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this ~ ~ day of -::r --...4 , 20 o"}
J\ A ^~
-./ ~'rIV
STATE OF MINNESOTA)
COUNTY OF S, hi "1 ) (ss.
..,., The foregoing instrument was acknowledged before me this fo f1-, day of -.run.L-
20~,by vVI((tCuM 72raxle..,e.. .
t~-
OTARY UC
Il~"'~ JEAN Mo'SAVAGEj
1 ~/M Notary PUblic-Minnesota
uvvVW\~=
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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