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Site Plan Permit 2003-6 Addendum A for Building B Recording Transmittal 7-14-09 c ~ - dJ.';)... CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 LETTER OF TRANSMITTAL DATE I JOB NO. 7/14/09 08-22 ATTENTION Sue Nelson RE: Document RecordinQ TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU [8J Attached D Under separate cover via the following items: o Shop drawings o Copy of letter D Prints o Change Order o Plans D Samples D Specifications o Pay Request 0 _ COPIES DATE NO. DESCRIPTION 1 1/12/09 08-22 Site Plan Permit 2003-06 Addendum "A" for BuildinQ B THESE ARE TRANSMITTED as checked below: D For approval o For your use D As requested D Approved as submitted o Approved as noted D Resubmit copies for approval o Submit copies for distribution o Returned for corrections D Return corrected prints D For review and comment [8J For Recording o FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Lisa Leutem, Century Gas, LLC SIGNE . If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO PLANNING CASE #08-22 SITE PLAN PERMIT #2003-6 BUILDING "B" SPECIAL PROVISIONS AGREEMENT dated January 12, 2009, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and CENTURY GAS, LLC, a Minnesota limited liability company (the "Developer"). 1. BACKGROUND. The City previously approved a site plan for a project on land legally described as Lot 2, Block 1, Arboretum Shopping Center. Carver County, Minnesota. 2. PRIOR PERMITS. The City approved and entered into Site Plan Permit #2003-6 for the project dated July 28, 2003, recorded October 25, 2004 as Document No. A399772 (hereinafter referred to as the "Site Plan Permit"). Except as specifically modified and amended by this Addendum "A", the Site Plan Permit shall remain in full force and effect. 3. MODIFICATIONS. The Site Plan Permit is modified and amended as follows: Paragraph 7 is amended by adding the following special condition: JJ. The City Council approves the site plan amendment for Arboretum Shopping Center (Site Plan 03-06), Planning Case #08-22, to allow a drive-thru window and redesign parking layout and site circulation as shown in plans dated received December 15, 2008, with the following conditions and based on adoption of the attached Findings of Fact: 1. Approval of the site plan is contingent upon approval of the PUD amendment allowing a drive-thru window. 2. The western three angled parking stalls must be striped and signed as compact stalls. Any existing bufferyard plantings that are removed for the development must be replaced within the same area. A landscape plan must be submitted to the city for approval showing locations and species. The applicant may group plantings together in order to add interest to the landscaping if the design does not diminish the screening capacity. 3. The applicant shall work with staff to locate the patio and secondary entrance into the space as shown in Exhibit A. 1 I J Patio ~ g ,. II ; -, 4. RECORDING. This Addendum "A" shall be duly recorded against the subject property. 5. TIME OF PERFORMANCE. The Developer shall install all required screening and landscaping by June 15, 2010. 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. 6. 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 $17,500 (Landscaping). This amount has been calculated at a rate of 110% ofthe actual value of improvement. 2 (SEAL) BY: STATE OF MINNESOTA ) - (ss COUNTY OF CARVER ) ~ The foregoing instrument was acknowledged before me this /4flday 0 2009, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City ofCh ass, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. i; KARENJ.ENGELHARDTl ,~ - Notary PUblic~Minneso:~o NOT. UBLI My commission EJl~lIreS Jan 31,.. .. . DEVELOPER: CENTURY GAS, LLC STATE OF MINNESOTA ) ( ss COUNTY OF ,~f~V\ ) The foregoing instrument was acknowledged before me this ~ day of J lA,.lN 2009 by U>Cl e. \LU~ the ~\.U ~ r~/~ti.t1Kvt .' I of Century Gas, LLC, a Minnesota limited liability company, on behalf of the company. VICKI A LINDSTROM Notary Public Minnesota My Commission Expires J~nuary 31, 2014 ~~~:'..it~"' {~L- NOTARY PUBLIC 3 FEE OWNER CONSENT JAC-NIC PROPERTIES, LLC, a Minnesota limited liability company, owner of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this l~day of ~f ,2009. JAC-NIC PROPERTIES, LLC By ~_-L ~ Its cA ~.t:.- ~ ~ r- STATE OF MINNESOTA ) '-11._' (ss COUNTY OF ~ ) The foregoing instrument 'Yas acknowledged before me this ~ <4ly of 2009, by V~ .J ~ the {I -, of JAC-NIC PROPERTIES, LLC, a Minnesota limited liability comp y, on beh of the company. r4 ~ ~,LR . ; NOTARYPUBL. DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-11 00 LAURA R. SIEGEL NOTARY PUBLlC.MINNESOTA " MY COM~I~$ION ~Pl.RES 1.31-2010 4 MORTGAGE HOLDER CONSENT INTER SAVINGS BANK., fsb, a United States of America corporation, which holds a mortgage on all or part of the subject property, the ,development of which is governed by the foregoing Site Plan Permit, does hereby join in the execution of the foregoing Site Plan Permit for the purpose of evidencing its consent thereto, subordinates its interest to the terms of the Site Plan Permit, and agrees that the Site Plan Permit shall remain in full force and effect even if it forecloses on its mortgage. .,;1'1"4 -f"' A Dated this I day of vj ,2009. INTER SAVINGS BANK., fsb BY: 4-~~ · I~ /1-".;1",;- AN6~ -liS' V/~ ~ STATE OF MINNESOTA ) du __ .'. _, (ss. COUNTY O,~~ ) The foregoing instrument was acknowledged before me this if( day of ~" , 2009, by .&:?4tI C. ~9"'.1 and by J.IA ~ ~/e~t'Y . the rit<' '/'tr)#v",r and !/;Ctr I'r,.;/~ of INTER SAVINGS BANK, fsb, a United States of America corporation, on its behalf. LIZABETH B. ANDERSON . Notary Public Minnesota y Commission Expires January 31, 20~ 0 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 g:\plan\2008 planning cases\08-22 arboretum shopping center minor pud amendment for drive-thru\site plan agreement doc 5