4. Site Plan Agreement
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2020-02
TMSC OF CHANHASSEN
SPECIAL PROVISIONS
THIS AGREEMENT ("Site Plan Agreement") dated April 13, 2020, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and TMSC OF CHANHASSEN, LLC, OWNER,
a Limited Liability Company (the "Developer").
Request for Site Plan Approval. The Developer has asked the City to approve a site plan consisting of a 65,000 square-foot continuing care facility with wetland and front yard setback
variances, Planning Case #2020-2 for TMSC of Chanhassen (referred to in this Site Plan Agreement as the "Project"). The land is legally described as:
That part of Tracts A and B below:
Tract A:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 I1.lorth, Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter, distance 195.0 feet west of the southeast corner thereof; thence west along said south line
a distance of 361.00 feet; thence northerly parallel to the east line of said Southeast Quarter of the Southeast Quarter a distance of 593.20 feet; thence deflecting right at an angle
of 62 degrees 00 minutes 00 seconds a distance of 150 feet, more or less, to the center line of creek; thence easterly along said centerline to its intersection with a line drawn northerly
and parallel with said east line from point of beginning; thence southerly along said parallel line to the point of beginning.
Tract B:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 I1.lorth, Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter, distance 195.0 feet west of the southeast corner thereof; thence northerly parallel with the
east line of said Southeast Quarter of the Southeast Quarter to its intersection with the centerline of the creek; thence easterly along said centerline
of the creek to its intersection with the E:ast line said Southeast Quarter of the Southeast Quarter; thence southerly along said east line to the southeast corner of said Southeast
Quarter of the Southeast Quarter; thence west along said south line to the point of beginning;
which lies northerly of the northerly boundary of Minnesota Department of Transportation Right of Way Plat Numbered 10-09 as the same is on file and of record in the office of the County
Recorder in and for said county.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement 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 Agreement. If the plans vary from
the written terms of this Permit, the written terms shall control. The plans are:
Plan A: (C0.0) Title Sheet dated Received January 6, 2020, prepared by Civil Site Group.
Plan B: (V1.0) Alta/NSPS Land Title Survey dated Received January 6, 2020, prepared by Civil Site Group.
Plan C: (C1.0) Removal Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan D: (C2.0) Site Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan E: (C3.0) Grading Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan F: (C4.0) Utility Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan G: (C5.0) Civil Details dated Received January 6, 2020, prepared by Civil Site Group.
Plan H: (C5.1) Civil Details dated Received January 6, 2020, prepared by Civil Site Group.
Plan I: (C5.2) Civil Detail dated Received January 6, 2020, prepared by Civil Site Group.
Plan J: (C5.3) Civil Detail dated Received January 6, 2020, prepared by Civil Site Group.
Plan K: (L1.0) Landscape Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan L: (L1.1) Landscape Plan Notes & Details dated Received January 6, 2020, prepared by Civil Site Group.
Plan M: (SW1.0) SWPPP – Existing Conditions Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan N: (SW1.1) SWPPP – Proposed Conditions Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan O: (SW1.2) SWPPP – Detail Conditions Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan P: (SW1.3) SWPPP – Attachments Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan Q: (SW1.4) SWPPP – Narrative Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan R: (SW1.5) SWPPP – Attachments Plan dated Received January 6, 2020, prepared by Civil Site Group.
Plan S: Color Exterior Elevations dated Received January 6, 2020.
Plan T: Color Exterior Elevations dated Received January 6, 2020.
Plan U: Color Exterior Elevations dated Received January 6, 2020.
Plan V: Floor Plans dated Received January 6, 2020.
Plan W: Color Exterior Architectural Plans and Elevations dated Received January 6, 2020.
4. Time of Performance. The Developer shall install all required screening and landscaping by July 31, 2024. The Developer may, however, request an extension of time from the City.
If an exten sion 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 Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") in the amount of $???,???. $430,474.00. This amount has been calculated at a rate of 110% of the actual value of the improvement and will be included in the security
required by the Development Contract. The City will release the security posted in accordance with the City Code.
Grading $ 65,000
Erosion Control $ 6,499
Street impact $ 18,000
Sanitary MCES MH $ 20,000
Storm $ 166,000
Landscaping $ 115,841____
Sub-Total $ 391,340
110% $ 430,474
This breakdown is for historical reference; it is not a restriction on the use of the security. The City may draw down the security, on five (5) business days written notice to the Developer,
for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are
not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be
used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts
certified by the Developer's engineer shall be retained as security until all improvements have been complete, all financial obligations to the City satisfied, the required "as constructed"
plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and
street construction outline procedures for security reductions.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Civil Site Group
Patrick Sarver
4931 W. 35th Street, Suite 200
St. Louis Park, MN 55416
psaver@civilsitegroup.com
612-615-0060
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following
address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100.
7. Other Special Conditions. On December 14, 2020, the City Council adopted the following motion:
SITE PLAN APPROVAL
“The Chanhassen City Council approves a resolution for site plan consisting of a 65,000 square-foot continuing care facility with wetland and front yard setback variances, Planning Case
#2020-20, for TMSC of Chanhassen as shown in plans dated January 6, 2020, revised February 18, 2020, , subject to the following conditions:
Engineering
A turning movement analysis utilizing the largest anticipated design vehicle shall be provided to ensure there is adequate spacing and no conflicts within the required turnaround, the
driveway entrance/exit, and with the traffic control devices located on West 78th Street (raised median, pavement striping, etc.) prior to the issuance of building permits.
An updated existing conditions survey shall be submitted with revised plans that include the full extents of the construction limits for review and approval by the city prior to recording
of the Site Plan Agreement.
A minimum five-foot setback shall be adhered to at all times along the wetland buffer.
Revisions and updates to the erosion control plans and SWPPP shall be submitted to meet the requirements of the NPDES Construction Permit and Sec. 19-145 of City Code prior to the commencement
of grading activities.
The applicant shall submit updated plans and modeling to provide for the required abstraction and obtain a RPBCWD permit prior to the issuance of building permits.
The applicant shall provide an operation and maintenance plan (O&M) for the private stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be approved
by the Water Resources Coordinator, or their designee, to be recorded against the benefiting properties, prior to building permits being issued.
It is the applicant’s responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR,
MnDOT, Carver County, RPBCWD, Board of Water and Soil Resources, PCA, etc.).
The applicant will be required to enter into a maintenance agreement with the city for the proposed inside drop within the MCES’ manhole prior to issuance of building permits.
All proposed sanitary sewer lines will be privately owned and maintained, thus no manholes shall be located within public right-of-way.
Environmental Resources
The applicant shall remove the existing trees within the grading limits along the west property line.
Fire Marshal
Show any lower level exit doors and egress paths outdoors away from the building. This type of development cannot omit lower level exit doors.
Planning
All rooftop and ground equipment must be screened from views.
The applicant must prepare a lighting plan and include photometrics. Light levels for site lighting shall be no more than one-half foot candlelight at the project perimeter property
line. This does not apply to street lighting. The applicant has not submitted a light fixture design.
This fixture must be downcast and the light cut off at a 90-degree angle. The City Code requires all fixtures be shielded.
Approval of the site plan applications is contingent upon approval of the rezoning and variances.
The monument sign may not exceed 24 square feet in area nor be higher than five feet. The sign shall be located 10 feet from the property line. A sign permit is required before construction
of the sign.
Sign illumination and design shall comply with ordinance.
Recycling space and other solid waste collection space should be contained within the same enclosure as the trash.
Approval of the site plan is contingent upon consolidation of the two parcels into a single zoning lot.”
8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEN
BY:
(SEAL) Elise Ryan, Mayor
AND: Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2021 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
TMSC OF CHANHASSEN, LLC
BY:
Name, Title
STATE OF )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2021, by Name, Title of TMSC of Chanhassen, LLC, a Limited Liability Company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
CONSENT
Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, 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 _____________, 2021
Signature:
Printed Name:
Title:
STATE OF )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2021, by _________________________________.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Name of mortgage holder institution, 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 , 2021.
Signature:
Printed Name:
Title:
STATE OF )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2021, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-11
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "B"
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) Site Plan 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 Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices 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, Plans M, N, O, P, Q and R, 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 blowing materials, 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 City shall retain $3,180.00 of the posted security for landscaping for twelve (12) months following planting
to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) month period,
the City shall release the remaining security to Developer within ten (10) business days of request therefore.
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 Agreement, 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 Agreement 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 Site Plan Agreement 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 Agreement.
D. Breach of Contract. Breach of the terms of this Agreement 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 Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Site Plan Agreement.
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 Site Plan Agreement. 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 Site Plan Agreement
shall not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded against the title to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this Site Plan Agreement 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 property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances,
and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development:
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 Site Plan Agreement.
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 improve ments 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 represen tation 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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