Site Plan Permit 2011-08 Recording Transmittal 10-13-2011CITY 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
LETTER OF TRANSMITTAL
DATE JOB NO.
10/13/11 1 2011-08
ATTENTION
Sue Nelson
RE:
Document Recordin
WE ARE SENDING YOU
®
Attached ❑
Under separate cover via the following items:
❑ Shop drawings
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Prints
❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter
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Change Order
❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
9/12/11
11 -08
Site Plan Permit 2011 -08 for Lake Drive Business Center Parking
Lot Expansion
Approved as noted
❑ Submit
❑
As requested
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Returned for corrections
❑ Return
❑
For review and comment
®
For Recording
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FORBIDS DUE
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PRINTS RETURNED AFTER LOAN TO US
THESE ARE TRANSMITTED as checked below:
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For approval
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Approved as submitted
❑ Resubmit
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For your use
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Approved as noted
❑ Submit
❑
As requested
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Returned for corrections
❑ Return
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For review and comment
®
For Recording
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FORBIDS DUE
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PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: John Ferrier, CSM Corporation
SIGNED:
copies for approval
copies for distribution
corrected prints
227 -1107
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2011 -08
SPECIAL PROVISIONS
AGREEMENT dated September 12, 2011, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City "), and CSM Corporation, (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a
parking lot expansion located at 950 Lake Drive (referred to in this Permit as the "project "). The
land is legally described as Lot 1, Block 1, Empak Addition.
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 Alliant Engineering, Inc., dated 7/9/11.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Alliant Engineering, Inc.,
dated 7/9/11.
Plan C: Landscaping Plan prepared by Alliant Engineering, Inc., dated 7/9/11.
Plan D: Stormwater Management Plan prepared by Alliant Engineering, Inc., dated 7/9/11.
4. Time of Performance. The Developer shall install all required screening and landscaping by
October 1, 2012. 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
$10,000.00 (boulevard restoration, erosion control, landscaping and stormwater). If the
Developer requests a Certificate of 0 cupancy prior to the installation of site landscaping, then
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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:
CSM Corporation
Attn: John Ferrier
500 Washington Avenue South, Suite 3000
Minneapolis, MN 55415
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 parking lot expansion
subject to the following conditions:
a. Planning Department Conditions
1) The applicant shall enter into a site plan agreement and provide the security required
by it.
2) The relocated sign shall require a separate building permit and sign permit.
3) The landscape island on the north end of the parking adjacent to the east side of the
building shall be extended further out to provide full protection of the parking stall.
b. Environmental Resource Specialist Conditions
1) The applicant shall submit a revised landscape plan showing the minimum number of
landscape islands /peninsulas (16) and trees (50).
2) The applicant shall provide adequate screening for the new parking areas along Lake
Drive. Shrubs shall reach a mature height of at least two feet. A revised landscape
plan shall be submitted to the city for approval.
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c. Water Resources Coordinator Conditions
1) Rates of surface water runoff must not be increased from existing conditions. Where
practicable to do so, rates should be decreased.
2) The applicant and city shall work together on future phases to look for potential
cooperative surface water management opportunities.
3) These approvals for future phases are contingent upon City code and other
jurisdictional agency rules remaining the same. In the event that any of these changes,
the applicant will need to resubmit to assure that the plans meet any new rules
germane to this project.
4) Include a note on the Grading and Erosion Control plan indicating that the proposed
best management practices is the minimum controls anticipated, but that as
unanticipated site and climatic conditions present themselves, it will be to modify the
best management practices to meet these new conditions.
5) All 3:1 slopes shall be covered with erosion control blanket or sod. This needs to be
indicated within the plan set on sheet C -2: Grading and Erosion Control.
6) An escrow or letter of credit in the amount of $2,450.00 shall be provided to the City
before commencement of the first phase. This escrow is only for the first phase.
Subsequent phases will require additional assurance funds.
7) Applicant must apply for and receive approvals from other jurisdictional agencies as
necessary.
8) The applicant must show that the total disturbed area for all phases is less than one
acre or they must apply for and receive an NPDES Construction Stormwater Permit
from the MPCA. If this is the case, a full Surface Water Pollution Prevention Plan
must be prepared and submitted to the City for review and comment.
9) All exposed soils must be stabilized within 14 days of cessation of earth work
activities.
10) Lake Drive must be swept clean of soils and debris tracked onto it from the site as
needed but no less than once per week until final stabilization is achieved.
11) The applicant or their designee must maintain the best management practices in good
working order until final stabilization is achieved.
d. Engineering Department Conditions
1) Grass area maximum slope must not exceed 3:1.
2) The applicant must submit revised plans (redlines) which meet the requirements of
the City.
3) Drainage plans must be revised so that the plans match the drainage calculations. The
applicant must also follow City standards for water quality volume. Also, the
proposed drainage rates must be maintained for the 2 -, 10 -, and 100 -year rain events.
4) The storm sewer provided for treatment will be privately owned and maintained.
5) If importing or exporting material for development of the site is necessary, the
applicant will be required to supply the City with detailed haul routes.
6) Building permits are required for all retaining walls four feet tall or higher and must
be designed by a Structural Engineer registered in the State of Minnesota. A fence
must be placed at the top of the wall for safety.
7) The exits in front of Wall 2 may be inadequate for some uses of the building under
the proposed parking scenario. Exterior exit discharge must accommodate exits
served. The parking stalls in this area should be constructed at the time when a final
end user is determined so that the exits will not limit the occupancy.
8) The wall and wall supports (not including soil) in drainage area three on the east side
of the site must be removed from the drainage and utility easement.
9) Details must be provided for all proposed storm sewer, sanitary sewer, and watermain
crossings. Actual elevations of existing utilities shall be verified for accuracy. A
minimum vertical separation of 18" is required at all storm, sanitary, and watermain
crossings.
10) All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also
required to provide the City with the necessary financial security in the form of a
letter of credit or cash escrow to guarantee the installation of the storm sewer, erosion
control, and seeding. This amount will be determined prior to start of construction
due to the possible phasing of the project and not knowing the amount to be installed
and disturbed.
11) The applicant must also notify the City after installation of the erosion control and 48
hours prior to the commencement of grading. Permits from the appropriate regulatory
agencies will be required.
12) The plans and drainage calculations must be signed by a professional engineer
registered in the State of Minnesota.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
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CITY OF CHANHASSEN
:_
DE)VLEI CSM CORPORATION
Peter G. Michielutti
Its Senior Vice President
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Id day of 1 2011, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corpor tion and pursuant to the authority granted
by its City Council.
N0 PUB (JC
J. ENGELHARDT
Notary Public- Minnesota
`y Commission Expires Jan 31,2016
STATE OF MINNESOTA )
( ss.
COUNTY OF Hennepin )
The foregoing instrument was acknowledged before me this 5th day of October
2011 by Peter G. Mi chi el utti , the Sr. Vice President of CSM
Corporation, a Minnesota corporation.
N �� B OTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
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 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..
n
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
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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.
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 be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this S day of October
STATE OF MINNESOTA )
( ss
COUNTY OF HENNEPIN )
2011 CSM Properties, Inc.
By �� c
Eugene M. Bowar
Assistant Secretary
The foregoing instrument was acknowledged before me this S 74 day of October
2011, by Eugene M. Bowar, as Assistant Secretary of CSM Properties, Inc., a
Minnesota corporat
Fq JEAN M CROSBY
�► Publk� Minnesat NOTARY PUBLIC
U1 C 0Mff A @ "r x WnJan31.2D15,
MR
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
0