Site Plan Permit Recorded
Thonus J. C:lmpbell
Roger N. Knutson
Thom:ls M. Scott
Elliott B. Knetseh
Joel J. J:lmnik
Andre:l McDowell Poehler
Soren I\1. I\bttick
John f. Kelly
Hcnry ,\. Schacffcr, III
Alin:l Schw:lrtz
S:ll11Ucl J. Edmunds
Cynthi:l R. Kirchoff
I\brguerite I\1. McC:1.rron
13S: Corpor:Jte Center Curve
Suite 317. E:1g:1n, ~lN 55121
651-452-50::
F:Jx 651-452-5550
\nvw.ek-bw.com
CAMPBELL KNUTSON
Professional Association
***
RECEiVED
JAN 2 2 2003
Direct Dial: (651) 234-6222
E-mail Address:snelson@i:k-Iaw.com
January 16,2008
CITY OF CHANHASSEN
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISe. RECORDED DOCUMENTS
~ Site Plan Permit #07-05 - Coeur Terra, LLP
(Lot 1, Block 1, Arboretum Business Park)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan Permit #07-05 with
Coeur Terra, LLP approving a site plan for a 31,000 square foot office warehouse
expansion to an existing 101,600 square foot building on the above referenced
property. The site plan permit was filed with Carver County on July 20, 2007 as
Document No. A468373.
Regards,
CAMPBELL KNUTSON
Professional Association
SRJ.'J :ms
Enclosure
. ,
Document No.
A 468373
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY. MINNESOTA
Fee: $ 46.00 Check#: 17584
Certified Recorded on 07-20-2007 at 03:30 0 AM
1I1111lfH1111 ""
CITY OF CHANHASSEN
SITE PLAN PERMIT # 07-05
SPECIAL PROVISIONS
AGREEMENT dated March 26, 2007, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Coeur Terra, LLP (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site
plan for a 31,200 square-foot office warehouse expansion to an existing 101,600 square-foot
building with a variance to permit only 10 percent building transparency on the northern building
elevation (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1,
Arboretum 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 Martin 'Voody Architects, dated 02/02/07.
Plan B--Grading Plan prepared by Schoell & Madson, dated 02/02/07.
Plan C--Landscaping Plan prepared by Alan Whidby Landscapes, dated 08/20/97.
4. Time of Performance. The Developer shall install all required screening and
landscaping by September 30,2007. 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
provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation
of said landscaping.
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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:
Mr. Peter Kordonowy
Coeur Terra, UP
c/o Summerhill Commercial Real Estate, LLC
1458 White Oak Drive, Suite 106
Chaska, MN 55318
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 31,200 square-foot office
warehouse expansion subject to the following conditions:
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. The developer shall incorporate a gathering space in the northeast comer of the
site including benches and or tables overlooking the natural areas to the east.
c. If the interior of the north end of the building is converted to offices, windows
shall be installed along that area of the building.
d. The developer shall extend a sidewalk from the building to the sidewalk on Water
Tower Place and include pedestrian ramps at all curbs.
e. The applicant shall have a minimum of 9 canopy trees, 23 understory trees and 23
shrubs along Water Tower Place.
f. The applicant shall replace the evergreens located in the northwest parking lot
peninsula with overstory, deciduous trees.
g. A revised landscape plan shall be submitted before building permit issuance
which specifies size, quantity and species of proposed plantings.
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h. The building addition is required to have an automatic fire extinguishing system.
i. All plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
j. Inlet protection shall be installed around all catch basins after installation and
maintained until final stabilization occurs.
k. The plans shall be revised to address issues that could arise as the result of run-on
in the northwest comer of the site.
1. Silt fences shall be installed with J-hooks to prevent runoff from running around
the end of the silt fences.
m. Until building construction begins, the rock construction entrance shall be 75 feet
in length in accordance with the City's standard detail.
n. Erosion control blanket shall be installed on all slopes greater than or equal to
3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Steeper than 3:1
10:1 to 3:1
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.
o. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as needed.
p. 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 (NPDES Phase II Construction Site Permit)) and comply with their conditions of
approval.
q. Provide drainage area maps and calculations to ensure that they are the same as
what was previously accepted.
r. Provide rational method calculations for the storm sewer.
s. Ground (i.e. non-paved) surface grades shall not be less than 2%. Paved grades
shall not be less than 1 %. Grades along curb line must not be less than .5%.
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t. Emergency overflow locations and elevations must be shown on the plan.
u. An easement is required from the appropriate property owner for any off-site
grading.
v. If importing or exporting material for development of the site is necessary, the
applicant will be required to supply the City with detailed haul routes.
w. Areas disturbed areas in City right of way must be sodded.
x. Show heavy duty and light duty pavement sections on the plans.
y. Access for tractor trailers shall be limited to 82nd Street.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
CITY OF CHANHASSEN
BY~~
Thorn s A. FurIong,Ma
AND:
rD~IJ." Te.rrQ, llP
DEVELOPER: 1,y: TOfJcJ.slMe.. (},YOlttp I V lLP
BY: 1t-....j. 1~ fJa-fnl'"
Its 7~n~1{1 ~InPs/
/
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STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this~day of MtJ...~ ' 2001,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of hanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
~~',€ll~~
. ARYPU IC
STATE OF MINNESOTA
)
( ss.
)
COUNTY OF Co.rvtr
The foregoing instrument was acknowled ed before me this 3~ day of
20Mby Cotur f rra. Ll B: Off ~ e , the developer.
mY-'lAp tv (,t.P ih '".I.II<<J;") p4yf,ter
by T~()Pt"J" F: l<'orJo/f()lNt I 'filer.'
p a,j-,..t. r
APT; I
fir It ~/
N TARyF UBLIC
.
PETER A. KORDONOWV I
NOTARY PUBUC.MINNESOTA
My ~ EJPiltI Jill. 31, 2010
.
DRAFTED BY:
City ofChanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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CITY OF CHANHASSEN
SITE PLAN PERMIT
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) 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.
7. Responsibility for Costs.
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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 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
right, power and remedy herein set forth or otherwise so existing may be exercised from
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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
NLI mMMERCIAL MORTGAGE FUND, LLC, a Delaware limited liabili tv company, ,
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 30th day of April, 2007.
NLI COMMERCIAL MORTGAGE FUND, LLC, a Delaware
limited liability company
By: PRINCIPAL REAL ESTATE INVESTORS, LLC, a
Delaware limited liability company, as attorney-in-fact
By
\~ A: A r-~v--~
Name: KsiMsA.Smlth
Tit Ie: Ciooffin CC11SU~t
~
Name: C. n
Title: ~ 2~'i.?'"
~
By
STATE OF IOWA )
)
COUNTY OF POLK )
. .on thi:-{>ei1ay of ~ ' 20 f7 , before me, the unJler~iR"ed, a Notary
Public m and for the SaId State, pe sonallyappeared V ~T)~ ~ II. ~nd
~ to me personally known to be the identical persons whose
names are sV,. c bed to Ih~ ~~9ipg instrument, who beinAg by me duly sworn, did say that they
arethe Q.fJj ~r7rl<~~ ~~..., - <?J!.(l4.j~!:~espectively,ofPRINCIPALREAL
ESTATE INVES:U)RS, LLC, a Delaware limited liabilitybcimpany, as attorney-m-fact for NLI
Commercial Mortgage Fund, LLC, a Delaware limited liability company, and that the seal
affixed to the instrument is the seal of Principal Real Estate Investors, LLC; that the instrument
was signed and sealed on behalf of the company by Principal Real Estate Investors, LLC, as
attorney-in-fact ofNLI Commercial Mortgage Fund, LLC; and that the aforesaid individuals each
acknowledged the execution ofthe foregoing instrument to be the voluntary act and deed of
Principal Real Estate Investors, LLC, as attorneys-in-fact of said company, by it and by them
VOlnnmrin~k- v;;: ~ko
Notary Public in and for said State
.~l" MARclAVAR .
f.... 1 Corn mission Number 15959'
'~~;' MY~~~
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