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Site Plan Permit Recorded Thomas J. C:lmpbcii Roger N. Knutson Thomas IV1. Scott Eliiott U.Kncrsch Jod J, Jamnik Arldrcl lVlcDowdl Poehler Soren 1\1. hbtlick John 1;. Kelly Hellry A.. Sc!Jadf(:r, j]! Alina Schwartz Samuel.}. Edmunds Cynthia R. Kirchoff l\1arguerite IvL I\-1cCarron 1380 Corporate Center Curve Suite 317 . Eagan, MN 55121 651-452-5000 Fax 651-452-5550 wwvl.ck-bw.com 0-7 -I D CAMPBELL KNUTSON S!H){:1 n *** Direct Dial: (651) 234-6222 E-mailAddress:snelson@Ck-law.com May 8, 2009 C\T'{ Of C~,-')SW)\SSEi'l Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 MJ:;X 1 1 2009 ..1E.cB\W30EPT. ENGh" '- RE: ARBORETUM BUSINESS PARK 7TH ADDITION ~ Miscellaneous Documents Recorded with the Final Plat by Commercial Partners Title, LLC Dear Jean: Enclosed for the City's files please find the following original recorded documents that were file simultaneously with the finial plat of Arboretum Business Park ih Addition by Commercial Partners Title, LLC on August 21, 2007: .,,,;- 1) Grant of Easement from Chaska Gateway Partners Limited Partnership recorded as Document No. A470293 (Abstract) and as Document No. Tl64169 (Torrens) on . 2) Warranty Deed from Chaska Gateway Partners Limited Partnership conveying Outlot A of the final plat to the City recorded as Document No. A470291 (Abstract) and as Document No. T164167 (Torrens). \J3) Release of Development Contract from the City recorded as Document No. A470294 (Abstract)and as Document No. T164170 (Torrens). "4) Site Plan Permit #07-10 recorded as Document No. A470299 (Abstract) and as Document No. T164175 (Torrens). \i5) Conditional Use Permit #2007-10 recorded as Document No. A470296 (Abstract) and as Document No. T164172 (Torrens). Ms. Jean Steckling City of Chanhassen May 8, 2009 Page 2 I apologize for the delay in getting these back to you -- they were inadvertently put in our Arboretum Business Park file when we received them back from the title company rather than coming to me to be retumed to the City. I just found them today when I was filing something else in the Arboretum Business Park file. Regards, CAMPBELL KNUTSON Professional Association B SRN:ms Enclosures cc: Alyson Fauske (letter only) , ' .7 -'i\ t.- .,j, "t , - Document No. A 470299 OFFICE OF THE . COUNTY RECORDER CARVER COUNTY, MINNESOTA OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check # 12643 Cert. # 33381 Fee: $ 48.00 Certified Recorded on 08-21-2007 at 03:30 0 AM)frPM 2007-08-21 . ~fJ _ 111111 UIlIIIllIIItII c:~::,a;s;;~~r Document No. T 164175 111111111 Fee: $ 48.00 Check#:.159580 / Certified Recorded on 08~21-2007 at 03:30 D A~ PM 470299 11111111111 ~I @ CITY OF CHANHASSEN SITE PLAN PERMIT # 07-10 SPECIAL PROVISIONS AGREEMENT dated May 29,2007, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and MAMAC Properties, LLC, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 51,800 square-foot building to be builtin two phases (referred to in this Permit as the "project"). The land.is legally described as Lot 1, Block 1, Arboretum Business Park 7th Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan for a 51,800 square-foot office/warehouse building with a variance to permit only 32 percent building transparency on the western building elevation and with a 20-foot sejback variance for the drive aisle in the southeast comer of the site for development within the Bluff Creek Corridor 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 Clark Engineering Corporation dated 04/13/07. Plan B-- Grading Plan prepared by Clark Engineering Corporation dated 04/13/07. Plan C--Landscaping Plan prepared by Mohagen Hansen Architectural Group dated 04/13/07. Plan D--Utility Plans prepared by Clark Engineering Corporation dated 04/13/07. 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 a..l1d 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 ~Vlt:lI"U Lcg.ll ;:)t:I"Vl\:CS CONIPAT 28628 B 30951 752177 OTH 52629 1 , . $10,000.00 (boulevard restoration, erosion control, landscaping and street repair). 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: MAMAC Properties, LLC Attn: S. Asim Gul 7400 Flying Cloud Drive Minneapolis, MN 55344-3720 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 the site plan for a 51,800 square foot, on-story office/warehouse building to be constructed in two phases subject to the following conditions: a. The Developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The future building expansion shall continue the same architectural detailing and window treatment as the initial 35,000 square-foot building. c. The Developer shall extend a sidewalk from the building to the trail on Century Boulevard and include pedestrian ramps at all curbs. The monument sign shall be relocated to the north side of the driveway access; and a sidewalk installed on the south side of the driveway access. d. The Developer shall incorporate a gathering space in the eastern portion of the site including benches and/or tables overlooking the natural areas to the east. 2 e. The Developer shall submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the City's Bluff Creek Watershed Natural Resources Management Plan. f. The parking lot drive aisles on the eastern and southeastern side of the building shall be reduced to 26 feet. g. The building is required to have an automatic fire extinguishing system. h. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 1. Four (4) accessible parking spaces must be provided. J. 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. k. Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance requirements. 1. The applicant shall extend the sod line only 15 feet from the edge of the parking lot on the east and south sides. The remaining area shall be seeded with a native seed mix approved by the City. If necessary, erosion control materials will be required on the seeded areas. m. Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed. n. A lo-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xce1 Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. o. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. p. The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be developed by the engineer for the site. The SWPPP shall be in place prior to applying for the NPDES permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing ofthe project and seeding and mulching specifications. q. Temporary and permanent erosion control plans and details shall be included in the plans. Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent seed mixes. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: 3 Type of Slo?e Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time and area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. r. Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12" on4-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis. The plans and SWPPP shall be revised to include standard details for all inlet protection devices. s. Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to discharge into the stormwater pond. 1. Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas. All are'as of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J-Hooks installed every 50 feet. u. The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site. For example, if turbid water is found in the stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet structure so sediment does not go off-site. Once settling of the sediment occurs, the water could be slowly released. v. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Provisions for street cleaning shall be included in the SWPPP. w. The private storm sewer should be realigned so that it will not lie within the footprint for the future expansion. x. The site developer for Lot 1 must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207. y. The site developer must replace the catch basin casting at the northern access with a surmountable casting. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "All and incorporated herein. 4 CITY OF CHANHASSEN AND: MAMAC Properties, LLC B~lJin S. Asim GuI ' Its President ~ 8v\ ) - STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) - ' The foregoing instrument was acknowledged before me this 1'1 day of-J t.I /V , 2007, 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 pur, suant to the authori.-:% granted by its City Council. ~.. STATE OF MINNESOTA ) ( ss. COUNTY OF t-te(\(\.e...\~ ~ ) The foregoing instrument was acknowledged before me this I q day of Jill Y 20170n behalf ofMAMAC Properties, LLC by S. Asim Gul, an officer of the co JOHN A. WILSON COMM. #3,1017305 Notary Public Slale of Minnesota M Commission Expires 1/3112012 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 JOHN A. WilSON COMM. #3-l017305 Notary Public State of Minnesota My Commission Expires 1/31/2012 5 . , . 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 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 thattime is of the essence in controlling erosion. Ifthe 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. NI 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. 6 . . . . , 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 engineeririg 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 . L 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 7 '. " . . 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 am. 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 <?fthe 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 ~ . - ,- ( , , ... ~ ~, ,0- · l MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT Bremer Bank. N.A. , 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 /:s-1ay of ;J~{/3(.,3.r-, 2~ BR ~ STATE OF :MINNESOTA) 'R..tut/IVM ( ss. COUNTY OF ~) The foregoing instrum~nt was acknowledged before me this .LS:!:'day of -:;~, 20 01 by 1'1w. ~UJ the Sr. Vice President of Bremer Bank, N.A., .on behalf of the bank. . QLYl/Jd! NOTARY PUBLIC SELENE M. HALL NOTARY PUBUC. MINNESOTA My Commission Expires Jan. 31, 2010 DRAFTED BY; City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 9