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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, ..r' .~_, 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. 1 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. 2 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. 3 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.~. 4 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. 5 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 6 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. 7