Site Plan Permit Recorded
Thom:ls J. C:lmpbell
Roger N. Knutson
Thom:ls M. Scott
Elliott B. li.netsch
Jocl J. J:lmnik
Andrc:l McDowell Poehler
Sorcn 01. 0bttick
John F. Kelly
Henry A. Schadler, III
Alin:l Schw:lrtz
S:lmucl J. Edmunds
Cynthb R. Kirchoff
~brgucritc M. McC:1tton
13S0 Corpor3te Center Curve
Suite 317. bg3n, ;\IN 55121
651-452-5CCO
Fax 651-452-5550
www.ck-bw.com
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:sllelsoll@Ck-law.com
January 22,2008
Ms. Jean Steckling
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: SOUTHWEST VILLAGE -
~ Variance 06-18
~ Site Plan 06-18 for Parking Ramp
Dear Jean:
Enclosed for the City's files please find original recorded Variance 06-18 and Site
Plan 06-18 for the parking ramp in connection with the Southwest Village final plat.
The plat and the enclosed documents were recorded with the Carver County
Recorder's office on August 17,2007 as follows:
. Plat was recorded as Abstract Document No. A470108
. Variance 06-18 was recorded as Abstract Document No. A470109
. Site Plan 06-18 for the parking ramp was recorded as Abstract Document No.
A470110
Regards,
CAMPBELL KNUTSON
Professional Association
SRN:ms
Enclosure
. .
Document No.
A 470110
0)
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY. MINNESOTA
Fee: $ 46.00 Check#: 17715
Certified Recorded on 08-17-2007 at
470110
111111111111111111
CITY OF CHANHASSEN
SITE PLAN 06-18
SPECIAL PROVISIONS
PARKING RAMP
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THIS AGREEMENT (this "Site Plan Agreement") dated June 12, 2006, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporatibn (the "City"), and SouthWest
Transit (the "Developer"), f/k/a Southwest Metro Transit I Cornnission, a joint powers
entity fonned by the cities of Chanhassen, Chaska and Eden Prairie.
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1. Request for Site Plan Approval. The Developer has asked the City to approve
Phases I and II of the parking ramp and transit station for PlanniAg Case 06-18 for SouthWest
Village (referred to in this Site Plan Agreement as the "Project"). The land is legally described as
Lot 1, Block 1, SouthWest Village, according to the recorded plat thereof on file in Carver County,
Minnesota. I
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2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement tnd furnishes the security
required by it.
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3. Development Plans. The project shall be developJd and maintained in accordance
with the following plans. The plans shall not be attached to this C6ntract. If the plans vary from the
written terms of this Permit, the written terms shall controL The plans are:
Plan A: (A-l) North and South Exterior Elevations, received on IA pril13, 2006, prepared by LSA
Design. r
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Plan B: (A-2) East and West Exterior Elevations, received 00 Atril13' 2006, prepared by LSA Design.
Plan C: (A-3) Plans and Images, received on April 13, 2006, pre~ared by LSA Design.
Plan D: (P-l) Preliminary Plat dated May 3, 2006, prepared by slnde Land Surveying, LLC.
Plan E: (Ll) Landscaping Plan dated May 03, 2006, prepared b~ Lao-De-Con Inc.
Plan F: (LI.I) Enlarged Landscaping Plan dated May 03, 2006, prepared by Ernst Associates.
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Plan G: (Ll.0) Overall Landscaping Plan dated May 03, 2006, pfepared by Ernst Associates.
Plan H: (L1.2) Signage Reference Plan dated May 03, 2006, preJared by Ernst Associates.
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4. Time of Performance. The Developer shall instaIl all required screening and
landscaping by August 1,2009. 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
$60,193.00 (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 sJfficient to insure the installation
of said landscaping.
PROCEDURES FOR I
LETTER OF CREDIT REDUCTION
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a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer. I
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 b~ in writing, and shall be either
hand delivered to the Developer, its employees or agents, or maildd to the Developer by registered
mail at the following address: I
James B. Lasher, President
LSA Design Inc.
One Financial Plaza
120 S. Sixth Street
Suite 1700
Minneapolis, MN 55402
Direct dial: 612.767-5972
Direct fax: 612.767.5982
Office telephone: 612.339.8729
Cell: 612.599.8712
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Email: JamesLasher@lsadesigninc.com
Notices to the City shall be in writing and shall be either hand delLered 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, Cnanhassen, Minnesota 55317,
Telephone (952) 227-1100. I
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7. Other Special Conditions. On June 12,2006, the City Council adopted the
following motions:
"The City Council approves the site plan for Phases I and II of the parking ramp and transit
station for Planning Case 06-18 for SouthWest Village as showti in plans dated received April
13, 2006, subject to the following conditions: I
1. Building Official Conditions: I
a) The buildings are required to have an automatic fire extinguishing system.
b) The plans must be prepared and signed by design professionals licensed in the State of
Minnesota. I
c) Accessible routes must be provided to commercial buildings, parking facilities and public
transportation stops.
d) All parking areas, including parking structure, must be provided with accessible parking
spaces. As submitted, the retail buildings must have a miriimum of 4 accessible parking
spaces, one of which must have an 8-foot access aisle. I
e) The location of property lines will have an impact on thej code requirements for the
proposed buildings, including but not limited to,; allowable size and fire-resistive
construction. The plans as submitted do not have the infbrmation necessary to determine
compliance at this time. I
f) The owner and or their representative shall meet with thJ Inspections Division as soon as
possible to discuss property line issues as well as plan re~iew and permit procedures.
2. The applicant must show how bus-passenger vehicle conflic~s will be minimized along the
east-west access road. I
3. Bus routes through the site must be clearly shown on the plahs.
4. The grading plan must show proposed contours, minimum tlo-foot contour intervals and
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proposed retaining walls, including the top and bottom of wall elevations.
5. The grading plan must identify the proposed grades on each ~evel of the parking ramp
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6. The sidewalks and trails shown within the public right-of-wJy shall be privately owned and
maintained. I
7. The developer must verify that the proposed eight inch watefmain will provide sufficient
flow for the proposed residential, commercial and sprinkling uses on the site.
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8. Fire Marshal Conditions:
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a) Submit proposed street names to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval.
b) 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. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1. I
c) Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of!protection are provided.
Pursuant to Minnesota State Fire Code Section 501.4. I
d) Temporary street signs shall be installed at street intersedtions once construction of the
new roadway allows passage of vehicles. Pursuant to 20b2 Minnesota State Fire Code
Section 501.4. !
e) Yellow curbing and "No Parking Fire Lane" signs will bb required. Contact Chanhassen
Fire Marshal for exact location of yellow curbing and Iodations of signs to be installed.
Pursuant to Minnesota State Fire Code Section 503.3 and 503.4.
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f) Fire apparatus access roads shall be designed and maintained to support the imposed load
of fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota State Fire code Section 503.2.3. I
g) Regarding the residential area, two hydrants will need to be relocated. Contact
Chanhassen Fire Marshal for exact location.
h) Submit radius turn designs to City Engineer and Chanhassen Fire Marshal for review and
approval. Pursuant to Minnesota State Fire Code Sectiori 503.2.4."
8. General Conditions. The general conditions of thls Site Plan Agreement are
attached as Exhibit "B" and incorporated herein. I
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AND:
(SEAL)
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this;t1~~ay of L\.l ,2007,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, oflthe City of Chanhas en, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council. I
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SouthWest Transit:
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BY: , ,
Un Simich:
//SouthWest Transit Chief Executive Officer
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BC~thwestTranSit
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STATE OF MINNESOTA )
/iJ ( ss
COUNTY OF ( ~
The foregoing instrument was acknowledged before me this ~t, '1tayof
2007 by Len Simich, South West Transit Chief Executive Officer, on behalf a
TransJ.t f/k/a Southwest Metro Transit Corrmission, al joint powers tity fonned
by the cities of Chanhassen, Chaska and Eden Pra' ie, on its behalf.
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, -- !~~~ KAREN J, ENGELHARDT I
~~j.____ - Notary PubliC-Minnesota
.'n. My CommIssIon EllplrllS .Ian 31,2010
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DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
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STATE OF MINNESOTA )
~(Ss
COUNTY OF )
The foregoing instrument was acknowledged before me this..2." ..fIliay of
2007 by Craig Peterson, Chair, SouthWest Transit~1 f/k/a Southw
Transit Corrmission, a joint JX>wers entity fonned by the cities 0
Chaska and Eden Prairie, on its behalf.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
/
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'4>,'!. KAREN J. ENGELHARDT I
Notary Public-Minnesota
My Commission Ex IrOl .Ian 31, 2010
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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 ~ntil 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 hdving been satisfied.
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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 appro~al which die shall be promptly
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replaced.
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3. License. The Developer hereby grants the City, its agents, e~ployees, 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.
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4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control shall be implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be tkneficial. 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
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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 doe's not comply with the erosion
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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 acti6n, but failure of the City to do so
will not affect the Developer's and City's rights or obligations her~under. 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 v~getative 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.
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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 a~signs.
6. Warranty. All trees, grass, and sod required in the approvedlLandscaping 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 th~ warranties at the time of final
acceptance. I
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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 cbsts 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. I
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees. i
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. I
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, I 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 ~ 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. I
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. I
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. I
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. I
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 writteh 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. I
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 or1implied, now or hereafter arising,
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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 wai ver 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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g:\plan\2006 planning cases\06-18 southwest village\site plan agreement-parking ramp.doc