Site Plan Permit Recording Transmittal 8-14-09
00'-03
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.
8/14/09 09-03
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:
D Shop drawings
D Copy of fetter
D Prints
D Change Order
D Plans D Samples D Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 3/23/09 09-03 Site Plan Permit 2003-03 (Westwood Community Church)
THESE ARE TRANSMITTED as checked below:
D For approval
D For your use
D Approved as submitted
D Approved as noted
D Resubmit copies for approval
D Submit copies for distribution
D As requested D Returned for corrections D Return corrected prints
D For review and comment [8J For Recording
D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Steve Mader, Westwood Community Church
,
SIGNED.
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 09-03
SPECIAL PROVISIONS
AGREEMENT dated March 23, 2009, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Westwood Community Church, (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 51,000 square-foot, two-story multi-purpose building (referred to in this Permit as the
"project"). The land is legally described as shown on Exhibit B.
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 by Cuningham Group Architects, P.A., and Westwood Professional
Services, Inc., dated 01/30/09.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Westwood Professional
Services, Inc, dated 01/30/09.
Plan C: Landscaping Plan prepared by Close Landscape Architecture+, dated 01/30/09.
Plan D: Utility Plans prepared by Westwood Professional Services, Inc, dated 01/30/09.
4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 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.
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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
$2,500.00 (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:
Westwood Community Church
3121 Westwood Drive
Excelsior, MN 55331
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 site plan for a 51,000 square-foot,
two-story multi-purpose building, which may be constructed in phases, subject to the following
conditions:
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. Windows shall be added to the northwest elevation in the multi-purpose area.
c. In addition to the fire sprinkler system required by the building and fire codes, Class III
fire department standpipes shall be added to the building in locations approved by the
Chanhassen Fire Marshal.
d. The applicant shall contact Chanhassen Fire Marshal for location of yellow curbing to be
painted and locations of "No Parking Fire Lane" signs.
e. Buildings are required to have automatic fire extinguishing systems.
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f. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
g. Retaining walls (new and additions to existing) over four feet high must be designed by a
professional engineer registered in the State of Minnesota and a permit must be obtained
prior to construction.
h. Inlet protection is provided for all proposed stormwater inlets until such a time as final
stabilization is achieved.
1. The rock construction entrance shall be expanded to 75 feet per City code or, if this is not
practical to do so, the applicant must show why this is not practical and maximize the
rock construction entrance to the greatest length practical.
J. Silt fence north of Pond B be extended to the northwest to the 990 contour.
k. City details shall be included in the plan set for all erosion control best management
practices and storm sewer structures.
1. One of the three inlets into Pond B must be eliminated. It is preferable that the most
easterly inlet be eliminated so that maintenance can occur as efficiently as possible.
m. Pond maintenance access should be shown on the plan.
n. The applicant shall determine if any additional permissions are required and apply for and
obtain these permits from the appropriate regulatory agencies (e.g., Minnesota Pollution
Control Agency, Minnesota Department of Natural Resources (for dewatering)) and
comply with their conditions of approval.
o. Surface drainage from the top of the wall should be directed to the proposed catch basin,
or else a drain tile system shall be installed to convey the runoff to the storm sewer.
p. If on-site earthwork quantities do not balance and materials need to be imported or
exported from the site, the developer will need to supply the City with a detailed haul
route for review and approval by staff.
q. Any material exported to another location in Chanhassen may require a grading or interim
use permit.
8. General Conditions. The general conditions ofthis Permit are attached as Exhibit "A" and
incorporated herein.
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CITY OF CHANHASSEN
By:---;L A
Thomas A. Furlong, Mayo
AND: @/.L3..- L
odd Gerhardt, CIty Manager
WESTWOODCO~YCHURCH
B~~~
Its ~fuSLfV(L oF- ,AD~W'~~=ru0
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisl~Q\day of U<.~ 2009, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City 0 Chanhassen, a
Minnesota municipal corporation, on behalf of the corpoRltion and pursuant to the authority granted
by its City Council.
STATEOFMINNESOTA )
( ss.
COUNTY OF CAf..v-eR.,)
The foregoing instrument was acknowledged before me thisdbf.!. day of fY) 14(2(1 4
2009 by S+~ ~ :L M~dt?f? . / jl ()
f~
~~
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
.
MARY C. ANDERSON I
NOTARV puaUG-MINNESO'TA
My Conlm''' Elqlire9 Jan. 31. 2OtO
..
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXlllBIT "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 blow ables, 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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1. 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 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 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
EXlllBIT B
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8
CONSENT
Owners of all or part of the subject property, the development of which is verned by the
foregoing Site Plan. Permit, affirm and consent to the provisions thereof and a ee to be bound by
the provisions as the same may apply to that portion of the subject property 0 ned by them.
Dated this _ day of , 2009
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was ac wledged before me this _ day of
2009, by
DRAFlED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-11 00
NOTARY PUBUC
N/A
9
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
'A\e.....\0~c..(\v<\ C\"'.:)v...CLe~~Or j0. \('\~\e""J\ 6'-\\'......~{~-e( -\1.::) t=",~~~,)~c:\\~~.~c;.
which holds a mortgage on the subject property, the development of which is governed by theCr-c. ~ /,((\.
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 I ~-I day of ,4/fn/
I
,2009.
~/ j~.- ~/f,/
I ..
I~ee:, frr(~c!eJ'f'~ gtJfif1t'~1 :8an/ii1/L/tln:&ie-1t. t'i41.
STATE OF MINNESOTA )
( ss.
COUNTY OF (: 0,( ~ e ( )
. ~~\-'"
The foregoing instrument was acknowledged before me this ~ day of
2009, by _ \ c..... v--"-- e "'" \~ ~ Lc\. \, \
Ape. .\
\
/",/'/'--"'-7tl/_A_.~ ko C),_-v fA_~'
L--.------r-, NOT AR Y PUBLIC
JULIE KAY KOOSMAN
Notary Public
Minnesota
My Commission Expires January 31. 2010
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
10