Site Plan Permit Recorded
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
08 .' a:l
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
November 5, 2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECEIVED
NOV 6 - 2008
CITY OF CHANHASSEN
Ms. Jean Steckling
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISe. RECORDED DOCUMENTS
).- SITE PLAN PERMIT #08-09 (CARVER COUNTY SERVICE CENTER)
).- ENCROACHMENT AGREEMENT (CARVER COUNTY SERVICE CENTER)
(Lot 2, Block 3, Burdick Park Addition)
Kim, enclosed for the City's files please find original recorded Site Plan Permit #08-
09 for the Carver County Service Center site on Lot 2, Block 3, Burdick Park
Addition. The site plan permit was recorded with Carver County on September 9,
2008 as Torrens Document No. T168189.
Jean, enclosed for the City's files please find original recorded Encroachment
Agreement with Carver County concerning construction of a retaining wall on the
Carver County Service Center site which encroaches into a City drainage and utility
easement. The encroachment agreement was recorded with the Carver County
Registrar of Titles office on September 9,2008 as Torrens Document No. T168190.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN:ms
Enclosures
'Ill
or\ - (') 0,
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OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Check # 19369
Cert. # 33385 Fee: $ 46.00
Certified Recorded on 09-09-2008 at 09:00 ~AM 0 PM
Document No.
T 168189
1111_1111
1I11110fll11111111
~
Carl W. Hanson, Jr.
Registrar of Titles
CITY OF CHANHASSEN
SITE PLAN PERMIT #08-09
SPECIAL PROVISIONS
AGREEMENT dated May 12, 2008, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and CARVER COUNTY~, a
public body corporate and political subdivision under the laws of the state
of Minnesota (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 13,260 square-foot, two-story office building (referred to in this Permit as the "project"). The
land is legally described as Lot 2, Block 3, Burdick Park Addition, Carver County, Minnesota.
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 ofthis Perrtlit, the written terms shall control. The plans are:
Plan A -- Site Plan prepared March 14, 2008, stamped received March 31, 2008, prepared by
Frederick Bentz/Milo ThompsonIRobert Rietow, Inc.
Plan B-- Grading, Drainage, and Erosion Control Plan prepared by BKBM Engineers, dated March
14, 2008, revised March 28, 2008.
Plan C-- Landscaping Plan prepared by James R. Hill, Inc., dated March 14, 2008.
Plan D-- Utility Plans prepared by BKBM Engineers, dated March 14, 2008, revised March 28,
2008.
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4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 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
$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. Steve Taylor
Carver County
600 East Fourth Street
Chaska, MN 55318
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 13,260 square-foot, two-story office
building subject to the following conditions:
a. Wood chip mulch area will be extended in the northwest comer of the site. The proposed
turf area under the tree in the comer peninsula will be removed. If desired, a single strip
of sod may be placed along the curb line of the peninsula.
b. The building is required to have automatic fire extinguishing systems.
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c. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
d. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
e. One (1) "van-accessible" parking space is required.
f. Additional window area shall be installed in the break room in the southeast comer of the
building.
g. Signage shall be permitted on two building elevations only.
h. Staff recommends that the curb line north of the drive-thru be shifted to the east to
provide for additional vehicle stacking.
1. Staff recommends that manhole 4A be shifted into the curb line and replaced with a catch
basin to capture additional runoff from the parking lot.
J. The developer's contractor must contact the Engineering Department a minimum of two
business days prior to connecting to the public storm sewer.
k. An encroachment agreement is required for the retaining walls.
1. The developer must ensure that the "no build easements" noted on the Certificate of
Survey will allow for the construction of parking lots and retaining walls.
m. City trunk sanitary sewer and water hook-up fees and the MCES SAC fee are due with
the building permit. The 2008 rates are $4,799/unit for City water, $1, 769/unit for City
sanitary sewer and $1 ,900/unit for the MCES SAC. These fees are based on the number
of SAC units as determined by Met Council.
n. The Certificate of Survey must be signed.
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:~~
AND:
DEVELOPER: CARVER COUNTY
BY~(
Its C:\W\'\~ AJv.-\,,\~k-
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER ) ~
The foregoing instrument was acknowledged before me thi~ay 0 ' , 200%,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the C of anhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to t e authority granted
by its City Council.
I KAREN J. ENGELHARDT I
Notary Public-Minnesota
( ss. ~':;',," My Commission Expires Jan 31, 2010
COUNTY OF c..o,:(\J-~V'" ) "
The for:going instrument was acknowledged before me this ~ day of t~ . '
20ll( by [) 0.. III d I+e Wl:L~ I C{U, ilU Co-</ r.~ ,4(1 YVl/'n,..rin;hrof CARVER mUNTY, p l.C
body corporate ana political subdiv sion under the laws of the state of Minnesota,
on behalf of the County.
STATE OF MINNESOTA
)
~ -n1.NM/k-
NOTARY PUBLIC
DRAFTED BY:
City ofChanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
lI" "--' "..- _..~--.._-.--
...... DIANE M. WABBE
a Nola", """..-......
~MY Comm. Expires Jao. 31, 2010
.~flilltll!/;ictf""llCil.~.
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHffiIT "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 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. Ifthe 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 ofthe 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.
1. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
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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.
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