Site Plan Permit 2009-18 Recording Transmittal 03-02-2011CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227 -1100 FAX (952) 227 -1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
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COPIES DATE NO. I DESCRIPTION
1 11/23/09 09 -18 1 Site Plan Permit 2009 -18 for Chanhassen Transit Station
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑
FORBIDS DUE
REMARKS
COPY TO: Len Simich, SouthWest Transit
LETTER OF TRANSMITTAL
DATE JOB NO.
3/2/11 1 2009-18
ATTENTION
Sue Nelson
RE:
Document Recordin
copies for approval
copies for distribution
corrected prints
SIGNED:
K m Meuwiss t7 ) 227 -1107
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT 09 -18
PARKING RAMP
SPECIAL PROVISIONS
THIS AGREEMENT (this "Site Plan Agreement ") dated November 23, 2009, by and
between the City of Chanhassen, a Minnesota municipal corporation (the "City "), and Southwest
Transit (the 'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of the parking ramp and transit station for Planning Case 09 -18 for
Chanhassen Transit Station (referred to in this Site Plan Agreement as the "Project "). The land is
legally described as Lot 1, Block 1, Chanhassen Transit Station, according to the recorded plat
thereof on file in Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes 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: SouthWest Station — Chanhassen — Sheet Index, received on October 16, 2009, prepared by
Walker Parking Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan B: (C100) Site Demolition Plan, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan C: (C200) Site Plan, received on October 16, 2009, prepared by Walker Parking Consultants, Hay
Dobbs, and Pierce Pini & Associates.
Plan D: (C300) Grading, Drainage and Erosion Control Plan, received on October 16, 2009, prepared by
Walker Parking Consultants, Hay Dobbs, and Pierce Pini & Associates.
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Plan E: (C400) Utility Plan dated, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan F: (C500) Paving Plan, received on October 16, 2009, prepared by Walker Parking Consultants,
Hay Dobbs, and Pierce Pini & Associates.
Plan G: (C600) Civil Details, received on October 16, 2009, prepared by Walker Parking Consultants,
Hay Dobbs, and Pierce Pini & Associates.
Plan H: (C601) Civil Details, received on October 16, 2009, prepared by Walker Parking Consultants,
Hay Dobbs, and Pierce Pini & Associates.
Plan I: (L100) Landscape Plan, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan J: (A210) Ground Floor Plan, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan K: (A211) Second Floor Plan, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan L: (A500) Building Elevations, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan M: (AG -101) Ground Tier /Second Tier Striping Plan, received on October 16, 2009, prepared by
Walker Parking Consultants, Hay Dobbs, and Pierce Pini & Associates.
Plan N -1: Chanhassen Transit Station Plat Cover Sheet, received on October 16, 2009, prepared by Egan
Field & Nowak, Inc.
Plan N -2: Chanhassen Transit Station Plat, received on October 16, 2009, prepared by Egan Field &
Nowak, Inc.
Plan O: Illustrative Building Elevations, received on October 16, 2009, prepared by Walker Parking
Consultants, Hay Dobbs, and Pierce Pini & Associates.
4. Time of Performance. The Developer shall install all required screening and
landscaping by August 1, 2011. 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, 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.
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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 registered
mail at the following address:
Len Simich, Executive Director
SouthWest Transit Commission
13500 Technology Drive
Eden Prairie, MN 55344
(952) 974 -3101
lsimich(a,swtransit.org
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered 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 the construction
of a parking ramp and transit station subject to the following conditions:
A. The monument sign proposed on Lot 2, Block 1, shall not exceed 8 feet in height.
B. Only one logo shall be permitted along the east elevation.
C. A lighting plan that is in keeping with the approved standards shall be submitted to the
City.
D. Approval of the Site Plan is contingent upon approval of the final plat and variance —
Planning Case 2009 -18.
E. Building Official Conditions:
1. Elevator \office \lobby structure is required to have an automatic fire extinguishing
system.
2. The plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
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3. Accessible routes must be provided to commercial buildings, parking facilities and
public transportation stops.
4. All parking areas, including parking structure, must be provided with accessible
parking spaces.
5. The owner and or their representative shall meet with the Inspections Division as
soon as possible to discuss property line issues as well as plan review and permit
procedures.
F. Inlet protection will be required on all conveyance systems — existing and proposed.
G. Concrete washout area needs to be shown on the plan set.
H. A note is to be added to sheet C -600 under the Dandy Bag detail to indicate that the bag
must be cleaned out any time it reaches one -half the capacity.
I. The curb cut inlets to the rain garden should be made as wide as practicable. A minimum
of eight feet is recommended to avoid concentrated flows and subsequent erosion.
J. The concrete spillway should be replaced with a vegetated swale.
K. All exposed soil areas must be stabilized within 7 days after the construction activity in
that portion has temporarily or permanently ceased.
L. If any credits are to be applied to the SWMP fees, the drainage calculations should be
revised to include the rain garden.
M. Total SWMP fees due at the time of final plat are $34,731.48. It is possible that a credit
may apply for the rain garden feature. However, as the drainage calculations do not address
what area is being treated in the rain garden, this credit cannot be calculated.
N. The plans shall show all existing utilities including but not limited to aboveground and
underground electric lines and underground gas lines. Utility companies shall be contacted
for locates.
O. Approval of the site plan is contingent upon approval of the vacation of the drainage and
utility easement and abandonment of the existing utilities within the vacated area.
P. The applicant shall enter into a site plan agreement."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit 'B" and incorporated herein.
SP -4
CITY OF CHANHASSEN
(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
� 1� AT BY:
Tom Furlong, Mayor
AND: _� -Z - At
odd Gerhardt, City Manager
' 1/
The foregoing instrument was acknowledged before me thisl8lay of , 2M
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
(_ PUBLIC
KAREN J. ENGELHARDT
1 Notary Public- Minnesota
My Commission Expires Jan 31, 2015
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SOUTHWEST TRANSIT:
LINDA ELLEN SPEVACEK
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan. 31, 2012
STATE OF MINNESOTA )
(SS
COUNTY OF &WtN" )
Chief Executive Officer
d
Tom Furlong, Chair
SouthWest Transit (
The foregoing instrument was acknowledged before me this day of ,
20Xby Len Simich, Chief Executive Officer, SouthWest Transit.
STATE OF MINNESOTA )
( ss
COUNTY OF ICV` )
NOTARY PUBLIC
The foregoing instrument was acknowledged before me this day of ,
294-9 Tom Furlong, Chair, SouthWest Transit Commission.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen MN 55317
+F
r LINDA
(952)227 -1100
Y a.,
ELLEN SPEVACEK � ��•' `�. ,
t Z NOTARY PUBLIC -MINNESOTA
{� My Commission Expires Jan. 31,
2012
SP -6
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
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 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.
GC -1
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 pay or 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.
I. 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,
GC -2
� e
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.
GC -3