Site Plan Permit 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-law.com
Ol-d.!
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
November 4, 2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECEIVED
NOV 5 - Z008
Q1'Y OF CHANHASSEN
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ Site Plan Permit #07-27 - Eden Trace Corporation
(Business Impact Group/Snap Fitness Site Located at
Lot 1, Block 2, Chanhassen West Business Park)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan Permit #07-27 with
Eden Trace Corporation approving a site plan for a 50,000 square foot, one story,
warehouse building on the above referenced property. The site plan permit was
recorded with Carver County on June 27, 2008 as Abstract Document No. A485892.
Regards,
SRN :ms
Enclosure
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $ 46.00 Check#: 1905Y
Certified Recorded on 06-27-2008 at 11:30 0AMO PM
Document No.
A 485892
Iii'll I 1111
CITY OF CHANHASSEN
SITE PLAN PERMIT # 07-27
SPECIAL PROVISIONS
AGREEMENT dated February 11, 2008, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, ~ a
Minnesota corporation (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 50,000 square-foot, one-story office warehouse building, (referred to in this Permit as the
"project"). The land is legally described as Lot 1, Block 2, Chanhassen West 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 Houwman Architects, dated November 06, 2007.
Plan B-- Grading & Erosion Control Plan prepared by Schoell Madson, dated June 15,2007.
Plan C--Landscaping Plan prepared by Schoell Madson, dated September 16, 2007.
Plan D--Utility Plans prepared by Schoell Madson, dated June 15,2007.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 1, 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.
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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.
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. Mark Undestad
Eden Trace Corporation
8156 Mallory Court
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 50,000 square-foot, one-story office
warehouse building subject to the following conditions:
a. The building is 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.
c. The plan must be revised to meet the 50-foot setback from the property line (on Galpin
Boulevard) to the parking lot.
d. Site lighting shall be revised to incorporate high-pressure sodium vapor lamps.
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e. Architectural lighting shall be down cast only.
f. Two upper level windows shall be added on the west end of the south building elevation.
g. A column shall be added in the middle of the north building elevation.
h. The developer shall provide a pedestrian connection from the site to Lyman Boulevard.
1. The proposed sidewalk shall not be located within the existing group of protected trees.
The sidewalk shall be located either north or south of this area with City approval.
J. Pedestrian ramps shall be provided at all curbs for trail and sidewalk connections.
k. All plantings along Galpin Boulevard shall be field located so as to not damage existing
trees. No trees or shrubs shall be planted within the protected area of trees without City
approval.
1. All trees shown as preserved on plans dated 09/16/07 shall be protected by tree protection
fencing before any construction activities begin. The applicant will work with staff to
review and modify if needed, the parking plan to ensure that any trees killed or damaged
shall be replaced at a rate of 2: 1 diameter inches.
m. Shrub quantities shall be increased to meet minimum requirements for bufferyard plantings.
n. Wood chip mulch shall be used around trees in all landscape peninsulas in place of sod or
rocks.
o. Applicant must comply with the following Fire Prevention policies:
1) 40-1995 Fire Sprinkler requirements.
2) 07-1991 Pre-fire plan drawings.
3) 29-1991 Premises identification.
4) 34-1993 Water service installation.
5) 36-1994 Combination Fire/Domestic water service line.
p. Applicant must fill out the Combustible Storage and High Pile Combustible Storage
form.
q. No burning permits shall be issued for trees to be removed. Trees and scrubs must either be
removed from site or chipped.
r. A lO-foot clear space must be maintained around fire hydrants.
s. The park fees payable with the building permit shall be $42,416.00.
t. Sheet Cl shall be amended to show inlet protections on all existing storm sewer inlets.
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u. Sheet C 1 shall be amended to extend the erosion control blanket in the northeast comer of
the lot to cover all soil until the proposed grading matches the existing grade.
v. Sheet C4 item #2 shall be amended to insert the construction of rain gardens as item #11 in
the sequencing of construction activities and "inspect site" shall be amended so that it is #12
in the sequence.
w. Sheet C4 item #5.1 shall have language added to the effect that the SWPPP, all amendments
and the NPDES permit shall be kept on site in a readily accessible location known to all
relevant individuals.
x. Sheet Ll the rain gardens shall be designed so that water runoff from the parking area will
travel through some form of filter BMP.
y. The rain gardens shall be designed to drain within 48 hours and not be inundated to a depth
greater than one foot during a lO-year storm event. Calculations need to be provided
supporting this.
z. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
and comply with their conditions of approval.
aa. The complete existing contours must be shown on the east side of the property.
bb. The proposed contours must tie into the existing contours shown on the plan.
cc. Retaining walls four feet high or higher require a building permit and must be designed by
an engineer registered in the State of Minnesota.
dd. Eight-inch watermain must be looped around the building. This watermain shall be
privately owned and maintained.
ee. A cross-access agreement must be dedicated and a copy provided to the City before the
building permit is issued.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
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CITY OF CHANHASSEN
BY:~ A:t
AND:
DEVELOPER: EDEN TRACE OORPORATION
BY:~-l;.t.)e" ~ C-o^,_
ItS1=>~e-l.
ST ATE OF :MINNESOTA)
( ss
COUNTY OF CARVER )
ST ATE OF :MINNESOTA)
C (ss.
COUNTY OF 01'r~)
The foregoing instrument was acknowledged before me this tfh day of Ae~\
200:t by N\"..'-'. Ul\dtS-T-",J, the President o~ Eden Trace Corporation., a Minnesota
corporation, on behalf of the corporation.
-4~/
NOT AR Y PUBLIC
DRAFfEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
, Scott Thomas Anderson
Notary Public
Minnesota
""My Commission Expires January 31, 2012
5
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
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.
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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 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.
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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 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 Svstems. 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.
8
, .
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.
\ ~. \ TAUNTON VENTURES, L. P ., by TAUNTON MANAGEMENT,
Dated this ~ day of ~/; , 200~. SUNNY DAY FITNESS PROPERTIES, LLC
LLC
~~
+>e.4-e.r \~ 1'\ a/k/ a Peter J. Taunton
Chief Manager
STATE OF MINNESOTA )
/' ", t\.J/ ( ss
COUNTY OF l}M-v ~ )
-c\
The foregoing instrument was acknowledged before me this ~ day of ~....\ I
20()~, by J>~.J"~.rTc;:.",,, ~I\. a/k/a Peter J. Taunton, the Chief Manager ~f Taunton
Management, LLC, a Minnesota limited liability company, as general partner to
Taunton Ventures, L.P., a Minnesota limited~er ib
and as the Chief Manager of Sunny Day ~
Fitness Properties, u.c, a Minnesota
limited liability company, on behalf of said OTARY PUBLIC
companies.
DRAFfED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen. MN 55317
(952) 227-1100
."...... Scott Thomas Anderson
. · Notary Public
. Minnesota
" My Commission Expires January 31, 2012
9
J ,
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
lo~~__'~"", ~C1.I"\... <"0' Qt:.,f q. \.:. <s"V"
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 ~"::' day of ~J. \
,200~.
T wI =mATlOO
-'\;J
~h~',~.".j. ~.....~~
ST ATE OF MINNESOTA )
C (ss.
COUNTY OF N"Y-efi )
The foregoing instrument was ackn.Qwledged before me this <\~ day of c...,...,: 1 ,
20 ()', by w=~...-..-~. ~J',...\~. ~f.....~~ \ . ~~v.~~ O('t; l.. of COOIffiUIlity
Bank Corporation, a Minnesota corporation, on its behalf.
A-cdt@
NOTARY PUBLIC
.;.....~SCOtt Thomas Anderson
1 Notary Public
Minnesota
y Commission Expires J8IlU8IY 31, 2012
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
10