07-21 Site Plan Agreement Recorded
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott ll. Knetseh
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. ~bttick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
Cynthia R. Kirchoff
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317. E:lpn, MN 55121
651-452-50:0
F:lx 651-452-5550
www.ck-bw.com
CAMPBELL KNUTSON
Professional Association
***
RECEIVED
MAR 0 7 2008
CITY OF CHANHASSEN
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
March 3, 2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ Site Plan #07-21 - Power SystemslHarley E. Bergren Parcel
(Lot 4, Block 1, Chanhassen Business Center Second Addition)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan #07-21 with Power
Systems approving a site plan for a 12,300 square foot expansion to a 27,800 square
foot building on the above referenced property. The site plan permit was filed with
Carver County on February 20,2008 as Torrens Document No. T165938.
Also enclosed please find recorded Affidavit of Identify and Survivorship which we
prepared and filed for Harley E. Bergren in order to record our site plan permit. This
document should be forwarded to Mr. Bergren for his files.
Regards,
CAMPBELL KNUTSON
Professional Association
BY
SRN :ms
Enclosure
.
.
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Check # 18507
Cert. # 33615 Fee: $ 46.00
Certified Recorded on 02-20-2008 at 10:00 ~AM D PM
Document No.
T 165938
II mil mil
11111 ImJl1 111I1
~
Carl W. Hanson, Jr.
Registrar of Titles
CITY OF CHANHASSEN
SITE PLAN PERMIT #07-21
SPECIAL PROVISIONS
AGREEMENT dated September 24,2007, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Power Systems, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 12,300 square-foot expansion to a 27,800 square-foot building (referred to in this Permit as the
"project"). The land is legally described as Lot 4, Block 1, Chanhassen Business Center Second
Addition.
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 Mohagen Hansen Architectural Group, dated February 16,2007.
Plan B--Grading, Paving, Utility and Erosion Control Plan prepared by Clark Engineering,
Corporation, dated February 16,2007.
Plan C--Landscaping Plan prepared Mohagen Hansen Architectural Group, dated February 16,
2007.
4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 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
$5,000.00 (boulevard restoration, erosion control, grate replacement and landscaping). If the
-t ~r:(~~
1
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.
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:
Power Systems
Attn: David Thun
8325 Commerce Drive
Chanhassen, MN 55317
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 12,300 square-foot expansion to a
27,800 square-foot, one-story office warehouse building subject to the following conditions:
a. The applicant shall enter into this site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. A window shall be added to the south elevation of the most westerly office in the building
expanSIOn.
c. Tractor-trailer units are prohibited from using the proposed new (westerly) access.
d. If the area being disturbed exceeds one acre, the applicant must obtain the necessary
permits from the MPCA and the Watershed District.
e. The applicant must ensure that the Engineering Department is contacted a minimum of 48
hours prior to connecting to the public storm sewer.
f. The applicant must submit a $1,000.00 escrow for the replacement grate over the public
storm sewer at the new driveway.
2
. '
g. The grading plan must be signed by a Professional Engineer licensed in the State of
Minnesota.
h. The building addition is required to have an automatic fire extinguishing system.
1. All plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
J. The water service at the southwest end of the building (proposed addition location) must
be relocated/revised in such a manner that fire suppression water supply is not located
under the proposed addition (Ref. NFPA 24).
k. The applicant shall plant two trees near the parking lot.
1. The applicant shall install a west bufferyard planting that includes 4 overstory trees, 9
understory trees and 14 shrubs. The applicant shall work with staff to submit a revised
landscape plan prior to bui~ding permit approval.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF CHANHASSEN
BY:~ Ar-;;
POWER SYSTEMS:
rt::JJ&>~
Of) r-c:: C..=: a
Its 'I <....--.. ~
/
3
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) w
I () Oc.:t 0 86 Ie...
~11.) --
The foregoing instrument was acknowledged before me thi~day of ~ , 2001, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
dj~
STATE OF MINNESOTA )
( ss.
COUNTY OF )
,- 'i KAREN J. ENGELHARDT I"
'- /} Notary Public-Minnesota
~":;:;....' My Commission Expires Jan 21, 2010
The foregoing instrument was acknowledged before me this ~ day of Se.:p\e.-~ ,
20..Q1by Do-.~-\A. ~. ~~~ ~ the President/CEO
of POWER SYSTEMS, on its behalf.
DRAFfED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen. MN 55317
(952) 227-1100
4
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITION
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 property 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.
A. The Developer shall hold the City and its officers and employees harmless from claims
5
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. Waiversl 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
time to time as often and in such order as may be deemed expedient by the City and shall
6
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.
7
. .
PROPERTY OWNER 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 J...1f day of ~200.L
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this ~ day of ~t',~'\'blY';b.e..("'
20tl1, by \\D.,\-e.-,\ k. ~~,~ " as FEE OWNER/BUILDING OWNER.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
JUUE ANN GIBSON'
Notary Public-Minnesota
My CcrnmissIon ExpIres.lan 31. 2010
8
. '.
......
P!D# ~-- I (oj{]{) Lf 0
No delmqtNnt taxes and transfer entered: Certificate of
Real Estate Value ( ) riled (X) Not Required
CRV#
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Check # 18507
Cert. # 33615 Fee: $ 46.00
Certified Recorded on 02-20-2008 at 10:00 fP AM 0 PM
Document No.
T 165937
1111111111
J -)-0 ,20 ox
XiUrl~ fA ~ Carver County Auditor
By c.7f (kLu--- Deputy
1I11111W2-11111~111
~
Carl W. Hanson, Jr.
Registrar of Titles
[Reservedfor Recording Data]
AFFIDA VIT OF IDENTITY AND SURVIVORSHIP
ST ATE OF MINNESOT A )
( ss.
COUNTY OF ~-e.nn-e..rln. )
NAME OF DECEDENT:
Elizabeth L. Bergren
I, Harley E. Bergren, residing at 8104 Highwood Drive, Apt. #0108,
Bloomington, Minnesota 55438-1087, being first duly sworn on oath, states from
personal knowledge:
That the above named Decedent is the person named in the certified copy of
Certificate of Death attached hereto and made a part hereof.
That said Decedent on date of death was an owner as a joint tenant of the land
legally described as follows:
Lot 4, Block 1, CHANIIASSEN BUSINESS CENTER 2ND
ADDITION, according to the recorded plat thereof, Carver County,
Minnesota
as shown by instrument recorded November 20, 1995 as Document No. T89854 in the
office of the County Registrar of Titles of Carver County, Minnesota, as evidenced by
Certificate of Title No. 25058.0.
That the name of the surviving joint tenant is Harley E. Bergren.
136645
1
....
Subscribed and sworn to before me this
3 I s-r day of ,Jt\ ~ tI( Ci.I~ ,2008.
by Harley E. Bergren,
I
]?!~ ~
Notary Public
THIS INSTRUMENT WAS DRAFTED
BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
Y1380 Corporate Center Curve
I,iagan, MN 55121
Telephone: (651) 452-5000
SRN
136645
AFFIANT:
'I J ~
/rcU/~~ ~~
HARLEYE. BERGREN \
." DEBRA L. SINCLAIR
:.............. NOTARY PUBLIC. MINNESOTA
., MY COMMISSION
. . . EXPIRES JAN. 31,2012
(Notary Seal)
Tax Statements for the real property
described in this instrument should be
sent to:
Harley E. Bergren
8104 Highwood Drive, Apt. G108
Bloomington, MN 55438-1087
2
....', .~
Type/Pnr il
In Pennanent
Black Ink
-
e
AGel ?' ..Jf?S~tj_~~9
TYI?E _-c_~~
555IN!T. W
SiiiteFile Nuinber . ".,._.=<~.
Suffix
f
local File Number
1a Name of Deceased. First
ELIZABETH
1bAlias
5 Date of Birth
0 Februar 28, 1915
Vi 8a Father's Name (first, middle)
Edward
Ql !'l 10 Race
m
0 White
-
~ 13a Marital Status
u;
c;, X Mar. Dlv. Wid, Never Mar.
Ql
a:: 15 Kind of Business or Industry
.h
::> Power System
CI)
17c City or Township of Residence
Edina
17e Residence in City or Township
MINNESOTA DEPARTMENT OF HEALTH
Section of Vital Statistics
CERTIFICATE OF DEATH
Middle Last
LYDIA
BERGREN
X City Umits Township Umits
19a Place of Death (specify one)
Hos. X N.H. Res. Other ~
19c Name of Facility Where Death Occurred (if not institution, specify street address)
Jones Harrison Residence
20a Name of Informant
2 Social Security No. 3 Sex 4 Date of Death
508-26-5115 Female February 23, 2001
6a Age (in years) 6d ~::er 16~aminutes 7 Place of Birth (city and state/foreign country)
85 Raymond, Nebraska
: 8b Father's last Name 9 Mother's Name (first, middle, maiden surname)
: Riddell Abi ail Steele
11a Hispanic Origin '11b If Ves, Specify Cuban, Mexican, etc... 12 Oecadenf. Education
: 12a Primary/Secondary (0-12) 12b College (1-4, 5+)
X No Ves -.: 5
13b Name of Spouse (if wife, specify maiden name) 14 Decedenfs Usual Occupation
Harley E. Bergren Vice President
16 U.S, Veteran 17a State of Residence 17b County of Residence
X No Yes Minnesota Hennepin
17d Address of Decedent (number, street, zip)
3330 Edinborough Way #1611
18a City or Township of Death
Minneapolis
Specify
55435
18b County of Death
Hennepin
19b If Hospital (specify one)
In atient
ER
DOA
Other
Harley E. Bergren
21 Method of Disposition (check all that apply)
20b Informant is _ of the deceased (spouse, child, parent, sibling, etc,)
Husband
Specify
X Burial Cremation
23 Name of Cemetery
Dawn Valley Memorial Park
24 If Cremation, Specify Name of Crematory
Donation
Entombment
Other-,
22 Date of Disposition
February 26, 2001
City State
Bloomington Minnesota
25 If Cremation, Specify Name of M.e:. , Coroner Authorizing Cremation
26a Name of Funeral Establishment
- .- -
Geart '-Delmore Park Cha el .
29a Name of Person Certifying Cause of Death (please type)
(2.1 c;.lfJl-'t< D /4-. . I! ~ () It/..-.
29d Address of Certifier (street & number)
)..001 if ~
'26b license No: 27a Ignature of Funeral Service licensee
i 576 I .~". - ~; O~,
29b Title ( check one)
)0 M.D. Coroner' M.E. D.O. #
2ge CitY . 29f State
/11
I
~~I
I~--f
I ~p-.
I
I
Yes ANo I
30 Signature of M.D.' M..~, Coroner' D.O. 3.~ 0 ej.gned 32 Signatur. of R gist
}( f--.d~ pIA 0 3 / b!. G1i
34 P AH I i Enter me diseases, Injuries, or complications that caused death. Do nol.enter the ml1de 'Of dying, such as cardiac or 'espirato
IMMEDIATE cause of death (final shock or heart failure. Ust only one cause per line.
disease orcandition resulting in IV (J..;(i.vf'~J ~' I~
death) a... . , ,-
Sequentially list conditions, if any, ~
W leading to immediate cause. Enter b.
g: UNDERLYING cause last, (disease
I- or injury that initiated events
UJ resulting In death). . J 1;. ,() :;..1 ). 3 I~, /-3 / /
we( 35 I attended the deceased fnom ~ a:.3 / () to I / ( and last saw "",",,,er on II / (), . I viewed the body aller dealh
"'" ......
~ 36 PART II Other significant I.) . C vh ~.) 9-5 it'D c (,t
Q.. conditions contributing to death LI. J.Y1- .:::{ll,," ,
but not resulting in the underlying
cause given in Part I. 37 Was Female Pregnant: At Death? Yes X- No Unknown In last 12 Months?
39 MANNER OF DEATH ~atural 40 M.EJCoroner Notified 41 Autopsy 42 Were autopsy results available
Ves XNo Ves 22-No when filling in cause of death
44a Place of Injury (street & number, city' township, state)
MUST
BE
REFERRED
TO
M.E.or
CORONER
-.J\ccident
_Homicide
_Suicide
_Pending Inves.
_Cannot be Det
Not Classifiable
38 Time of Death
10: 10 p.m.
Yes
Unknown
43 Diagnosis Deferred
Ves
No
Yes
44b Describe How Injury Occurred
Me Type of Place Where Injury Occurred
44d Date of Injury
Me Time of Injury
44f Injury at Work?
Ves No
I
J