Restated and Amended Site Plan Agreement 07-4 Recorded Document
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
Cynthia R. Kirchoff
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317 . Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-Iaw.com
o ,<oL.f
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
November 4, 2008
RECEIVED
NOV 5 - 2008
CITY OF CHANHASSEN
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ Amended and Restated Site Plan Permit #2007-04
~ Amended and Restated CUP #07-04
(T -Mobile 149-foot Telecommunications Tower and 6-ft Privacy
Fence on Outlot A, Halla Maryanne Addition)
Dear Kim:
Enclosed for the City's files please find original recorded Amended and Restated Site
Plan Permit #2007-04 concerning construction of a 149-foot telecommunications
tower and a 6-foot privacy fence on Outlot A, Halla Maryanne Addition, which was
recorded with Carver County on February 28, 2008 as Abstract Document No.
A479189.
Also enclosed is a photocopy of recorded Amended and Restated CUP #07-04 for the
149- foot telecommunications tower on Outlot A, Halla Maryanne Addition which was
sent to the County Recorder under the same transmittal letter as Amended and
Restated Site Plan Permit #2007-04 and was recorded on February 28,2008 as
Abstract Document No. A479188; however, I never received the original recorded
Amended and Restated CUP back from the County. Did it get sent back to the City by
mistake? Please let me know if you have it! ~
No
Regards,
CAMPBELL KNUTSON
Professional Association
B~_)O~,~
SU R. Nelson, Legal A istant
SRN:ms
Enclosures
.
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $ 46.00 Check#: 1854Y
Certified Recorded on 02-28-2008 at 11 :30)Zf"AM 0 PM
Document Jtjo.
A 479189
479189
1111111111
Hanson, Jr.
Recorder
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2007-04
T -MOBll..E USA
SPECIAL PROVISIONS
~EST A TED 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 r,pairitained in accordance with
the following plans. The plans shall not be attached to this ContrflCi. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
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Plan A: Project Information & General Notes dated received October 5, 2007, prepared by T-
Mobile.
Plan B: Site Plan dated received October 5,2007, prepared by T-Mobile.
Plan C: Enlarged Site Plan dated received October 5,2007, prepared by T-Mobile.
Plan D: Landscape Plan dated received October 5,2007, prepared by T-Mobile.
Plan E: Erosion and Grading Plan dated received October 5,2007, prepared by T-Mobile.
Plan F: 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.
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
(SEAL)
CITY OF CHANHASSEN
BY:~
AND:
ST ATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thislif+aay of~u.Qn'-l_' 2008,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corpor tion and pursuant to the authority granted
by its City Council. '\
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
5
DEVELOPER:
T-KlBILE <DTRAL,LIC
BY: ~-: ~
Its :Di're.{Jof 7J{J ~r. J ct>eYJ;;yz~
STATEOFMlNNESOTA )
( ss
COUNTY OF H-~Y}ep'f V) )
The foregoing instrument was acknowledged before me this d g ~y of ;Pe~ e mh-er ,
2007 by ~l;,t;. e.', VI (,P-f e.- h r) -D; r e (JOt" E Nj f () p.5 , of T-Mobile Central,
LLC, a limited liability company under the laws of the state of Delaware, on
behalf of the company.
~ fa" SUSAN MAE STREETS
~ JI . Notary Public ~
. . Minnesota ~
. y Commission Expires January 31, 201 0 ~
G 5tI.G1ft7;7 vflJeUcSf;u d;-
NOTARY PUBLIC
6
"'CU v,,_, v,,_
CONSENT
Donald E. Halla and Sandra J. Cwayna Halla, husband and wife, owners of all or part of the subject
property, the development of which is governed by the foregoing Site Plan Pennit, 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.
1 H l--'.....
Dated this;J..Q aay of f-ct512U IJ R( .2008 ~ /1/;jj ,
BY: /A~~~?- fh.m/
Donald E. Halla
I
,
BY~ ::r Cw?~ ~
Sandra J. Cwayna Halla '
STATE OF MINNESOTA )
(ss
COUNTY OF HEAJ!JcPtftJ )
The foregoing instrument was acknowledged before me this J.d!'day of F$12IJ /4 R If ,
,
2008 by Donald E. Halla, husband of Sandra J. Cwayna Halla
,'-'~ .' ~
'" *fqlA....., ,
',' Notary:~ ~ MIMe.. "
CoinmisslOil"~,'''';':J,.201'O.
. '.".. -'.
/jvI~ t?~
NOTARY PUBLIC
STATE OF MlNNESOTA )
U.... ~.A 1,-/'11 ^ \~ ss
COUNTY OF ~
The foregoing instrument was acknowledged before me this:Jti!!! day of t=:'e..B12u A ~ V ,
2008 by Sandra J. Cwayna Halla, wife of Donald E. Halla. I
~"" " "
" MARIAfQRSOK
, NOiaryPUblic...... .
. . .... com--"....""".,1\..!J~
, . ' . .
/U~~
NOTARY PUBLIC
DRAFfED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen,MN 55317
(952)227 -1100
5
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, 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
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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. W aivers/ 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 hot 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 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
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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-5-07 Application\Site Plan Agreement.doc
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