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Transmittal Recording Documents 1-14-08 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. 1/14/08 07-04 ATTENTION Sue Nelson RE: Document RecordinQ TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU [8] 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 11/26/07 07-04 Restated and Amended Conditional Use Permit 07-04 1 11/26/07 07-04 Restated and Amended Site Plan AQreement 07-04 THESE ARE TRANSMITTED as checked below: D For approval D For your use D As requested D Approved as submitted D Approved as noted D Resubmit copies for approval D Submit copies for distribution D Returned for corrections D Return corrected prints D For review and comment [8] For Recording D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US REMARKS COpy TO: Mr. Stephen Edwards, T-Mobile USA SIGNED: If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #07-04 RESTATED AND AMENDED CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for a 149-foot telecommunication tower. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: Outlot A, Halla Maryanne Addition 3. Conditions. The permit is issued subject to the following conditions: a. The applicant shall enter into a conditional use permit agreement and submit financial security to guarantee the improvements. b. The tower shall comply with the requirements in ARTICLE XXX. TOWERS AND ANTENNAS of the Zoning Ordinance. c. The tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. d. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. e. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower's capacity, including the number and type of antennas that can be accommodated should also be provided. f. The monopole color shall be the brand "Tnemac" and the color "Blue Elusion". 1 g. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated. h. If substantial construction has not taken place within one year of the date on which the conditional use permit was granted, the permit shall become void" 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: November 26, 2007 CITY OF CHANHASSEN By: Thomas A. Furlong, Mayor -1;)) JJt-- Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ,y...\-h day of:h (\l..l11 (~ ' 2008, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhas en, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ~ ~~ DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 I'~ KIM T. MEUWISSEN I . . , Notary Public~Minnesota <. ., My Commiss.ion Expires Jan 31, 2010 g:\pJan\2007 planning cases\07 -04 t-mobile\! 0-5-07 appJication\conditional use permit agreement.doc 2 CITY OF CHANHASSEN SITE PLAN PERMIT # 2007-04 T-MOBILE USA SPECIAL PROVISIONS RESTATED AND AMENDED SITE PLAN AGREEMENT AGREEMENT dated November 26,2007, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and T-Mobile Central LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for the construction of a 149-foot telecommunication tower and a 6-foot privacy fence (referred to in this Permit as the "project"). The land is legally described as Outlot A, Halla Maryanne Addition. 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: 1 Project Information & General Notes dated received October 5, 2007, prepared by T- Mobile. Site Plan dated received October 5,2007, prepared by T-Mobile. Enlarged Site Plan dated received October 5, 2007, prepared by T-Mobile. Landscape Plan dated received October 5,2007, prepared by T-Mobile. Erosion and Grading Plan dated received October 5,2007, prepared by T-Mobile. Antenna Information and Tower Elevation dated received October 5,2007, prepared by T-Mobile. Plan G: Fencing Sections and Details dated received October 5, 2007, prepared by T -Mobile. Plan H: Power and Grounding Plan dated received October 5,2007, prepared by T-Mobile. Plan A: PlanB: PlanC: PlanD: PlanE: PlanF: 4. Time of Performance. The Developer shall install all required screening and landscaping by October 15, 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 $82,500 (site improvement). 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 registered mail at the following address: T -Mobile Central LLC Mr. Stephen Edwards 8000 West 78th Street Suite 400 Edina, MN 55419 (612) 702-5065 smedwards24@yahoo.com 2 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 November 26,2007, the City Council adopted the following motion: Site Plan Permit "The City Council approves the Amendment to Site Plan Permit #07-04 for a 149-foot telecommunication tower and a 6-foot cedar fence as shown on the site plan received October 5, 2007, subject to the following conditions: a. The applicant shall enter into a site plan agreement and submit financial security to guarantee the improvements. b. Clearing for the tower and equipment pad shall be no greater than 15 feet from the edge of the pad. c. A maximum of 25 feet is allowed for clearing the access road to the site. Trees shall be preserved to the greatest extent possible. d. The applicant shall install a minimum of eight Black Hills spruce around the equipment platform. Trees shall be at least six feet in height. e. Site grading and vegetation removal shall be minimized to the greatest extent practical. If any excess material is anticipated to be generated as a result of access road construction, the disposal location must be approved in writing by City staff prior to road construction. 3 f. A rock construction entrance complying with the City's standard detail (#5301) shall be included on the Erosion and Grading Plan and shall be constructed prior to the remainder of the gravel road. g. If applicable, the applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. (Watershed district and MPCA permits are necessary if the total disturbed area is in excess of 1.0 acres). h. The current driveway grades near the pad are up to 20%; the area should be graded so that the maximum grade does not exceed 5%. 1. The driveway off of Creekwood Drive may not be used to serve nor access the Halla Nursery commercial operation. J. Building Official Conditions: 1. A building permit is required to construct the platform and tower; the tower must be designed for an 100 MPH 3-second gust wind load and include the effect of one-half inch of radial ice. 2. The plans must be signed by a professional engineer licensed in the State of Minnesota. 3. The contractor shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures." 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 4 CITY OF CHANHASSEN '(SEAL) ST ATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) - The foregoing instrument was acknowledged before me this '4~ay ofJ&nuary2oo8, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the co~on and pursuant to the authority granted by its City Council. , _ ~~ /V'II\ _ \. NOTAR C I ~f;'J~\ KIM T. MEUWISSEN j ';.~~!; Notary Public-Minnesota ~~ 5 DEVELOPER: BY: ,is\ ~ Its IDifd-JOr oC ~.....- J ()pey('J,M~ STATEOFMINNESOTA ) ( ss COUNTYOF Hemler'lV] ) -/11 J2 The foregoing instrument was acknowledged before me this ;;; ~ day of e c e tvJhe V , , 2007 by -rr D$Se; n Sepl'h r ) +>~Y"e C3li( ~ v:J f 0 p5 SUSAN MAE STREETS Notary Public Minnesota y Commission Expires January 31, 2010 \ Jkg/jJ 112:M5fnuA- NOTARY PUBLIC 6 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 8. ~> day of IJ ~C , 2007 p;ttJ/ f-- ~ fAj , BY: Its /Ju~J--C;r(;)/ , STATE OF MINNESOTA ) ( ss COUNTYOF Carver) The foregoing instrument was acknowledged before me this2fflJay of ,D ec f! In b/), 2007 by ,boll E. /iq 1)0 1 f'-> Ltll1c/ J() rd. ~,...."" SUSAN MAE STREETS Notary Public , Minnesota y Commission Expires January 31, 2010 ~~/~~afv NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT fiB" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with 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 8 contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may payor 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 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 9 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. 1. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 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 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 10 of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. G:\PLAN\2007 Planning Cases\07-04 T-Mobile\IO-S-07 Application\Site Plan Agreement.doc 11