Site Plan Permit 10-06 Recorded1 0 -lT)u
CAMPBELL KNUTSON
Professional Assodo - d on
Direct Dial: (651) 234 -6222
E- mailAddress: snelson@ck- law.com
Thomas J. Campbell
Boger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John I% Kelly
1 A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
September 20, 2011
RECEIVED
Ms. Kim Meuwissen S E P 2 1 2011
City of Chanhassen
7700 Market Boulevard CITY OF CHANHASSEN
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN — RECORDATION OF DOCUMENTS
➢ Site Plan Permit #10 -06 — Lakeside Twinhomes
Ron Clark Construction and Design
(Lot 1 -10, Block 1; Lots 1 -6, Block 2; Lots 1 -6, Block 3;
and Outlots A and B, Lakeside Fourth Addition)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan Permit #10 -06 with
Ron Clark Construction and Design for Lakeside Twinhomes, which was filed
simultaneously with the Lakeside Fourth Addition final plat on August 20, 2010 as
Abstract Document No. A523695.
Regards,
13310 Corporate Center Curve
Suite 317 m Eagan, MN 55121
651 -452 -5000
Pax 651 -452 -5550
wwNro.ck- law.com
CAMPBELL KNUTSON
Professional Association
Q u . Nelson, gal ssistant
SRN:ms
Enclosure
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a
Document No.
A 523695
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $46.00
Certified Recorded on 8/20/2010
Receipt#:
at 01:22 ❑,� l ;M
Mark ndg n
Cou ty R order
CITY OF CHANHASSEN
SITE PLAN PERMIT # 10 -06
LAKESIDE TWINHOMES
SPECIAL PROVISIONS
AGREEMENT dated April 12, 2010, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City "), and Ron Clark Construction & Designs
XWObWeU a /k /a Ron Clark Construction and Design (the 'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 22 -unit twin home project in the Lakeside development (referred to in this Permit as the
"project "). The land is legally described
on the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Permit 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 —Site Plan prepared by Pioneer Engineering, dated 04/23/10, revised 07/01/10 and 07/9/10.
Plan B— Grading, Drainage and Erosion Control Plan prepared by Pioneer Engineering, dated
04/23/10, revised 06/23/10, 7/1/10 and 7/9/10.
Plan C— Landscaping Plan prepared by EarthWise, dated 3/30/10.
Plan D— Utility Plans prepared by Pioneer Engineering, 04/23/10, revised 4/30/10, 06/23/10,
7/1/10 and 7/9/10.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 30, 2015. 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
$25,200.00 (boulevard restoration, erosion control and 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:
Ron Clark Construction & Design
Attn: Mike Roe
7500 West 78 Street
Edina, MN 55349
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 22 -unit twin home
project in the Lakeside development subject to the following conditions:
a. The applicant shall enter into this site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. The final plat for Lakeside Fourth Addition must be approved and recorded prior to the
issuance of a building permit for the twin homes.
c. Building Official Conditions:
1. Buildings over 8500 square feet of floor, area are required to be protected with an
automatic sprinkler system. For the purposes of this requirement property lines do not
constitute separate buildings and the areas of basements and garages are included in the
floor area threshold.
2. Buildings may be required to be designed by an architect and/or engineer as determined
by the Building Official.
3. A final grading plan and soils report must be submitted to the Inspections Division
before permits can be issued.
2
4. Walls and projections within five feet of property lines are required to be of one -hour
fire- resistive construction.
5. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
6. Each lot must be provided with separate sewer and water services.
7. The applicant and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
8. General Conditions. The general conditions of this Permit are attache
hereto and incorporated herein as Exhibit "B ".
CITY OF C NHASSEI
BY: I
Thomas A. Furlong, Mayor
AND:
Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _day of _at
2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of th City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTA LI
KAREN J, ENGELHARDT
Notary Public- Minnesota
My Commission Expires Jan 31, 2016
DEVEL &I C GAKk C''oAt .9rA Q 07 O
BY:
and Desig n
Its c C c)
STATE OF MINNESOTA )
( ss.
COUNTY Y OF &e ZlA) e P , 4,
The foregoing instrument was acknowledged before me this C� b day o
2010 by Ronald Clark, e CEO
of R.E.C., Inc, a Minnesota corporation, d /b /a Ron Clark Construction and
Design.
CHERYL JEANENE WOLD r
i'
3.. Notary Public- Minnesota NO ARY JBLIC
My commission Expires Jan 31, 2015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. 0. Box 147
Chanhassen, MN 55317
(952) 227 -1100
4
t
EXHIBIT "A"
TO
SITE PLAN PERMIT #10 -06
LAKESIDE TWINHOMES
Legal Description of Proiect Property
Lots 1 through 10, inclusive, Block 1; Lots 1 through 6, inclusive, Block 2; Lots 1 through 6,
inclusive, Block 3; and Outlots A and B, Lakeside Fourth Addition, according to the recorded
plat thereof, Carver County, Minnesota.
CITY OF CHANHASSEN
SITE PLAN PERMIT
] X MIT- "B"
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.
B -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,
available to City, at law or in equity, or under any other agreement, and each and every
B -2
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.
IM
L
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to bound by
the provisions as the same may apply to that portion of the subject property owned y them.
Dated this day of , 2010
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged
2010, by
me this day of ,
NOTARY PUBLIC
DRAFTED PY:
City of Cha(ihassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
a
MORTGAGE HOLDER CONSENT /
TO / SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the d
foregoing Site Plan Agreement, agrees that the Site Plan
effect even if it forecloses on its mortgage.
Dated this day of
2010.
of which is governed by the
shall remain in full force and
STATE OF MINNESOTA )
COUNTY OF )
( ss.
The foregoing instrument
2010, by
NOTARY PUBLIC
DRAFTED BY
City of Cl sen
7700 Marke oulevard
P.O. Box 7
Chanhas n, MN 55317
(952) 2 -1100
acknowledged before me this day of