Site Plan Permit Recorded
Thonus J. C:!mpbell
Roger N. I~nutson
ThomJs M. Scott
Elliott B. I\netsch
Jocl J. JJmnik
AndreJ ~leDo\Ycll Poehler
Soren M. ~bttiek
John F. l~cllr
Henry A. Schaeffer, III
AlinJ SchwJrtz
SJmucl J. Edmunds
CynthiJ R. Kirchoff
~,brgueritc 01. McCJrton
US:J CorporJte Center Curve
Suite 317' bpn, ~lN 55121
651-452-5::0
Fax 651-452-5550
\nyw.ck-l.1w.com
CAMPBELL KNUTSON
Professional Association
...
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
RECEIVEi:
JAN 2 9 2008
CITY- OF CHANHASSEN
January 16,2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.o. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ Site Plan #2006-36 - Custom Fab Solutions, LLC
(Lot 1, Block 1, PERMAG CORP. ADDITION, Hennepin County, MN)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan #2006-36 with
Custom Fab Solutions, LLC approving a site plan for a 7,002 square foot office
warehouse expansion on the above referenced property. The site plan was filed with
Hennepin County on January 31,2007 as Document No. 8930442.
Regards,
CAMPBELL KNUTSON
Proh .ona! Association
SRN:ms
Enclosure
..
..
1111111111 1111111111
. .~
Doc No 8930442 01/31/200711 :47 AM
Certified filed and or recorded on above qafe:
Office of the County Recorder
Hennepin County, Minneso
Michael H. Cunniff, County corder
Transl 87448
I
(
Deputy 45
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
~
CITY OF CHANHASSEN
SITE PLAN 2006-36
SPECIAL PROVISIONS
THIS AGREEMENT (this "Site Plan Agreement") dated December 11, 2006, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and
CUSTOM FAB SOLUTIONS, LLC, a Minnesota limited liability company (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 7,002 square-foot Office Warehouse Expansion (referred to in this Site Plan
Agreement as the "Project"). The land is legally described as Lot 1, Block 1, Permag Corp.
Addition, according to the recorded plat thereof on file in Hennepin County, Minnesota.
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.
A
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans, as modified in accordance with applicable provisions of the Other Special
Conditions set forth in Section 7 hereof (the "plans"); it being agreed that certain ofthe permits
required in such Other Special Conditions may not, in fact, be needed. The plans shall not be
attached to this Site Plan Agreement. If the plans vary from the written terms of this Site Plan
Agreement, the written terms shall control. The plans are:
Plan A: (GOOI) Title Sheet dated received October 20,2006, prepared by Cities Edge Architects.
Plan B: (C.I) Grading Plan dated received October 20, 2006, prepared by Bolton & Menk, Inc..
Plan C: (AOOI) Site Plan/Landscaping dated received October 20,2006, prepared by Cities Edge
Architects.
Plan D: (AlOI) Floor Plan, dated received October 20,2006, prepared by Cities Edge Architects.
Plan E: (A20I) Exterior Elevations, dated received October 20,2006, prepared by Cities Edge
Architects.
Plan F: (C1.6) Utility Plan, dated December 1,2004, prepared by CEI Engineering Associates, Inc.
SP-I
4. Time of Performance. The Developer shall install all required screening and
landscaping by June 30, 2007. The Developer may, however, request an extension oftime 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 ofthis Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $26,710.00 (Erosion Control and Landscaping). This amount has been calculated
at a rate of 110% of the actual value of improvement. The City will release the security posted for
each ofthe items in accordance with the City Code.
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:
Mike Elftmann, Vice President of Operations
Custom Fab Solutions
7600 Quattro Drive
Chanhassen, MN 55317
Telephone: (952) 227-6610
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 11,2006, the City Council adopted the
following motion:
The City Council approves the site plan for the construction of a 7,002 square-foot office
warehouse building expansion for Planning Case 06-36 for Custom Fab Solutions as shown in
plans dated received October 20, 2006, and revised on October 26, 2006, subject to the following
conditions:
A. All trees and shrubs shown to remain on plans dated 10/20/2006 shall be protected during all
construction activities with tree protection fencing. Any trees or shrubs lost due to
construction damage will be replaced after the construction has been completed.
B. Foundation plantings for the expansion will be 3 pink spire crabapples and 24 Japanese white
spirea.
C. The applicant shall submit an erosion and sediment control plan to the City and receive staff
approval of the erosion and sediment control plan prior to commencing work on-site.
SP-2
D. Building Official Conditions:
1. The building addition is required to have an automatic fire extinguishing system.
2. All plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Detailed occupancy and building area related code requirements cannot be reviewed until
further information is provided.
4. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
5. The roof drainage must be discharged on the north side of the building to the maximum
extent practicable to increase the time of concentration to the existing storm sewer
system.
E. A building permit will be required for any retaining wall tour feet tall or higher.
F. The applicant shall enter into a site plan agreement with the city and provide the necessary
financial securities as required for landscaping.
G. All areas disturbed as a result of construction activities shall be immediately restored with seed
and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity
in accordance with the City's Best Management Practice Handbook.
H. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be
submitted.
I. All rooftop equipment must be screened.
8. General Conditions. The general conditions ofthis Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
SP-3
CITY OF CHANHASSEN
(SEAL)
BY:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) _
The foregoing instrument was acknowledged before me this\(jk day of.:"}rr'\(~ ' 2007,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Ch assen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
, 1 "I~ KIM T. MEUWISSEN j
~~...... 0 Notary Public-Minnesota
< ';;;,. My Commission Expires Jan 31, 2010
DEVELOPER:
CUSTOM FAB SOLUrrONS, LLC
BY: '---v-
Myte Elftmann, v'. . of Operations
......~
""-
STATE OF MINNESOTA )
( ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me thi~ day of ::MtIJ IA A fC 'I
2007 by Mike Elftmann, Vice President of Operations for Custom Fab Solutions, LLC, aXimiOOt
Minnesota limited liability
company, on its behalf.
~~~N~~~
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
SP-4
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, 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)
GC-1
. '
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 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 ofthe 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 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 Site Plan Agreement.
GC-2
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
ofthe 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.
g:\plan\2005 planning cases\05-03 walgreens\site plan agreement.doc
GC-3
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 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.
GC-4
. .
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Beacon Bank, a Minnesota financial corporation, 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 27th day of December, 2006.
::A~~/
Craig Boeckers, Business Banking Officer
STATE OF MINNESOTA)
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 27th day of December,
2006, by Craig Boeckers, the Business Banking Officer of Beacon Bank, a Minnesota financial
corporation.
~~
NARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
(t) PAUL ASHlEY HAllQUIST
,a IIn'AR'tPUBUC-IINNESOTA
~ _eamm.exp.JII\.I1.2011
GC-5
. '.
... ."
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 I~ day of ~,J
,2007
ELFfMANN FAMILY, LLC
By7J~17~
STATEOFMINNESOTA )
( ss
COUNTY OF C-r-1-;< JElL)
The foregoing instrument was acknowledged before me this ~y of ::JA.tJu Itt€..~
J A .- .-- a() Managing
2007, by 1-(!Ul4~L- ---;T C,-F'7 /'V(~M...) ,}t~ r,472 7 vtJZ. of
Elftmann Family, LLC, a Minnesota limited liability company, on behalf
of the company.
~~n/};J ~
NOTAR Y PUBLIC
DRAFfEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box
Chanhassen, MN 55317
(952) 227-1100
GC-6