Site Plan Permit Recording Transmittal 04-30-2012 CITY OF CHANHASSEN LETTER OF TRANSMITTAL
PLANNING DEPARTMENT
7700 Market Boulevard DATE JOB NO.
P.O. Box 147 4/30/12 2012 -03
CHANHASSEN, MN 55317 ATTENTION
(952) 227 -1100 FAX (952) 227 -1110 Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Pay Request ❑
COPIES DATE NO. DESCRIPTION
1 2/27/12 12 -03 Site Plan Permit 2012 -03 for Goodwill (80 West 78 Street)
1 4/17/12 Carver County Application to Combine Real Estate Parcels
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ® For Recording
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Ben Merriman, Center Companies, LLC
SIGNED.', III / ' / J
im M-uwissen, :52) 227 -1107
If enclosures are not as noted, kindly notify us at once.
I I
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2012 -03
80 WEST 78 STREET
SPECIAL PROVISIONS
AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and Center Companies, LLC (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 20,600 square -foot, one - story, commercial retail building (referred to in this Permit as the
"project "). The land is legally described as Registered Land Survey 59, Tracts A and 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 MFRA, Inc., dated 1/04/2012.
Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012.
Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012.
Plan D: Utility Plans prepared by MFRA, Inc., dated 1/04/2012.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 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
$5,000.00 (boulevard restoration, 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.
1
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:
Mr. Ben Merriman
Center Companies, LLC
2025 Coulter Boulevard, Suite 215
Chanhassen, MN 55317.
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 20,600 square -foot,
one - story, commercial retail building subject to the following conditions:
a. Building Official
1) A demolition permit is required for the removal of any existing structures.
2) Complete construction plans must be prepared and signed by design professionals
licensed in the State of Minnesota.
3) The building is required to have an automatic fire extinguishing system.
4) Detailed occupancy- related requirements will be addressed when complete
building plans are submitted.
5) The owner and /or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
b. Forester
1) The line of shrubs along the parking lot on the south property line shall be
extended to provide a buffer for the length of the parking area. The plantings can
be incorporated into the rain garden.
2) The applicant shall add an island in the east parking lot containing two overstory
trees, minimum inside width of 10 feet.
3) The applicant shall add one overstory tree to the peninsula in the south parking lot
at the southwest corner of the building.
2
c. Water Resources
1) No final approval of the proposal may be given without the review and approval
of the drainage plans and calculations.
2) The curb cuts must be increased to a minimum width of five (5) feet to avoid
concentrated flow and resulting scour.
3) Additional topographic information is required in the area between the two
existing ponds in order to determine the emergency overflow (EOF) elevation of
the pond to the west.
4) The lowest floor elevation of the building must be minimum 18 inches above the
established EOF elevation. A berm may be required on the northwest corner of
the drop -off drive in order to properly divert the EOF water.
5) Correct the elevations on the filtration basin cross section on page C4.01.
6) The filtration basin will be privately owned and maintained. A maintenance
agreement will be required by the City.
d. Engineering
1) Erosion control phasing Gantt chart will need to be completed prior to earth -
disturbing activities.
2) The swale along the western property boundary will need to be stabilized per Part
IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the
last 200 lineal feet with 24 hours of connection to a surface water.)
3) Grading should be phased so that the filtration basin is constructed last and is
protected from construction traffic. The streets shall be swept clean nightly or as
needed.
e. Planning
1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot.
The combination must be recorded at Carver County prior to issuance of a
building permit.
2) The applicant shall provide future circulation information to the easterly
properties prior to council approval. When the parcel to the east redevelops, then
the vehicular accesses shall be constructed.
3) The articulation of the building shall be further enhanced through the use of
additional projecting columns in those areas where the face brick is extended
above the windows.
4) The elevations shall be revised to meet City Code requirements for the percentage
allowed for accent material.
5) The fenestration and architectural detailing on the west elevation shall be
increased.
6) The architectural detailing and columns shall be continued along the north elevation.
7) Should an exterior trash enclosure be necessary in the future, it shall be screened
and constructed with similar materials to the building.
3
8) All signage shall comply with City Code and requires a separate sign permit
application.
9) The applicant shall provide a bike rack.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF CHANHASSENN
BY: i
Thomas A. F rlong, May r
AND1,
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
T
Ili
he foregoing instrument was acknowledged before me this Al lay of ` , 2012, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City f Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council. 0 /
Er , 1 ,1% . . 4„ . , ,/, i i
OT ilf PUB 1
.,wwVV D
'" KAREN J. ENGE
•;, ;',4 ; tary Public- Minnesota
No
1;�i M ° mission Expires Jan 31, 2015
DEVELOPER:
_
BY:
��
Its A , t4,......7
STATE OF MINNESOTA )
( ss.
COUNTY OF OW/CU' ) r ,
The for oing instrument was acknowledged before me this a day of Th -PLu) ,
2012 by - r 13'ro 5 Pkf ri n2 o v\ of Center Companies, LLC.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen I .::: - COLLEEN K. MARTINO
7700 Market Boulevard " `'' ` = J ' Notary � :_ : ;.�: Public-Minnesota
P. O. Box 147
My Commission Expires Jan 31, 2015
Chanhassen, MN 55317
(952) 227-1100
4
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "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 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.
5
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
6
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
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 (? day of ilor,ve. (A, , 20 ).. ,'.
.
STATE OF MINNESOTA )
(ss
COUNTY OF ) '
The foregoing instrument was acknowledged before me this /
day of r 11 A ,
20 1:2, by — 6 P e -S f 7 rvr-y1 -
THOMAS J. HUGHES (O
Notary Public- Minnesota
Commission Expires Jan 31, 2015
� " ' ' NOTA" ' .: LIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. 0. Box 147
Chanhassen, MN 55317
(952) 227 -1100
8
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
e arn tiNi ? 1f Z 41, (r2 ?o/?A
which holds a mortgage on the subject property, the development of which is governed by the
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 (l day of 4cik , 20 .
»
C Asm mc,n L m-, L 1 1
r► U
STATE OF MINNESOTA) ; FALGUNI S BRAHMBHATT
ig FA? NOTARY PUBLIC - MINNESOTA
( SS. �1z ... My Commission Expires Jan. 31, 2013
COUNTY OFCCjaLWk —) ., '
The foregoing instrument was acknowledge before me this II- day of "A
� 1 t- - ,
204 by - ' OIL
` ,
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
9
Date Received
ell CARVER COUNTY
Taxpayer Services Department
Govemment Center - Administration Building
600 East 4th Street
- Chaska, MN 55318 -2102
.q11.411MP Phone (952) 361 -1910 Fax (952) 361 -1919
Application to Combine Real Estate Parcels
Per MN Statute 272.46 the county auditor, upon written application of any person, shall for
property tax purposes only, combine legal descriptions of contiguous parcels to which the
applicant(s) hold title.
In order to be combined, the following requirements must be met:
• Receipt of completed form by owner or designated representative
• Based upon deeds of record, parcels must be of the same (identical) ownership
• Parcels must be contiguous
• Parcels must be located in same unique taxing districts (TAG)
• Current year and delinquent taxes must be paid on each parcel
• If parcels are in a Tax Increment Financing District (TIF), they must be located in the
same TIF district
• If special assessments are not paid on all parcels, the city /township would need to
recertify the special assessments for the new parcel
CAUTION
Parcels that have been combined cannot be subdivided again without local municipality approval.
If located in a township, Carver County Land Management Office must also approve the subdivision.
Combined property tax will be reflected on next year's tax statement
Owner (Applicant) Name: SO (Jex 4 S 4-1., SAv e .4 l L L C.
i i YY4/00 8'
Address: A015 C outk- ev.alvc , i 4 ats Phone Number: 95'v
c1Aav,ka.ssevk 1A 5 5 311
Parcels to be combined: 1varit A R LS VI SicAskm l'). towInSirq? 11‘, ?weir c
iv4..k c3 RLS S`i ck ..g.'To wustd;v U6 ►^9t
Signature: / �= ,_ _ Date: 9- •/2.
For Office Use Only: Approved Denied By:
Reason Denied:
G: \PLAN \Forms\Administrative SubdivisionstAdministrative subdivision Application to Combine Real Estate Parcels.doc