Site Plan Permit 10-04 NOT RECORDEDt, . ; .
CAMPBELL KNUTSON
Professioriall
Direct Dial: (651) 234 -6222
E- mailAddress: snelson@ck- law.com
Thhomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knctsch
Joel J. Jan,nik
Andrea McDowell noehler
Soren M. Mattick
John F. Kelly
I lenrc A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
October 14, 2011
0 i 2011
CHANHASSEN PLA&1NING OFP - r
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN — RECORDATION OF DOCUMENTS
➢ Site Plan Permit #2010 -04 — Lotus Retail (Haskell's)
at 19900 West 78 Street
(PID #25.6860030 - Carver County)
(PID #07- 116 -22 -33 -0027 - Hennepin County)
Dear Kim:
Per your email and our telephone conversations today, I am enclosing and returning to
you for the City's files original, fully executed Site Plan Permit #2010 -04 which I was
unable to get recorded in either Carver or Hennepin County for various different
reasons; but that Bob Generous now says doesn't need to be since the project is nearly
completed.
Regards,
1380 Corporate Center Curve
Suite 317 . Hagan, MN 55121
651 -452 -5000
Fax 651- 452 -5550
www.cl.- law.com
CAMPBELL KNUTSON
Professional Association
B
S san R. Nelson, Legal ssistant
SRN:ms
Enclosure
CITY OF CHANHASSEN
SITE PLAN PERMIT #10 -04
SPECIAL PROVISIONS
AGREEMENT dated February 22, 2010, 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 an 8,000 square -foot retail building, an 8% parking Variance to permit 58% of the parking
between the front fagade and the primary street, and an Amendment to Conditional Use Permit
88 -13 to eliminate the site from the legal description for a garden center (referred to in this Permit
as the "project ").
The land is legally described as:
That part of the West 149 feet of the Southwest Quarter of Section 7, township 116
North, Range 22 West of the 5th Principal Meridian, lying North of State Highway No
and which lies South of a line drawn East perpendicular to the West line of Tract C,
Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, from a
point thereon distant 103.00 feet South, as measured along said West line, from the
Northwest corner of said Tract, C Hennepin County, Minnesota.
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 SEH, dated 12/30/2009.
Plan B— Grading, Drainage and Erosion Control Plan prepared by SEH, dated 12/30/2009.
Plan C— Landscaping Plan prepared by SEH, dated 12/30/2009.
Plan D— Utility Plans prepared by SEH, dated 12/30/2009.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 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.
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
$3,750 (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.
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 an 8,000 square -foot
retail building and an 8% parking Variance to permit 58% of the parking between the front fagade
and the primary street subject to the following conditions:
A. Building Official
1. The buildings are 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.
3. Accessible routes must be provided to commercial buildings.
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4. All parking areas must be provided with accessible parking spaces. As submitted, the
retail building must have a minimum of two (2) accessible parking spaces, one of
which must have an 8 -foot access aisle.
5. The owner and/or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit.
B. Forester
1. This parcel is within the Emerald Ash Borer Quarantine area. All ash trees removed
on site must be disposed of at an MDA approved ash tree disposal site.
2. The Black Hills spruce proposed at the northwest corner of the building must be
replaced with a deciduous selection in order to avoid future sight line conflicts.
3. On the north property line, the applicant shall change two of the understory trees to
overstory selections.
4. On the east property line, the applicant is short over- and understory trees. Staff
recommends that the applicant meet minimum requirements for bufferyard plantings
on the east side.
5. A line of shrubs must be planted along the parking lot on the south property line. The
shrubs must have a minimum height of three feet at maturity. City approval of the
shrubs species and planting spacing is required before installation.
C. Water Resources
1. The following Standard City Plates shall be included in the submittal set:
a. Plate No. 5300 — Silt Fence (wooden posts are not to be used)
b. Plate No. 5301 — Rock Construction Entrance
c. Plate No. 5302A — Catch Basin Sediment Trap
2. Sheet C1 of C5 calls out 8" PVC while sheet C5 of C5 indicates 8" PVC for the
standpipes and 6" for the remaining perforated PVC. This discrepancy must be
clarified. The Minnesota Stormwater Manual recommends an 8" draintile to reduce
the potential for freezeup.
3. No sock should be used around the under drain in the bio- retention areas.
4. This will primarily be a Filtration Facility with Partial Recharge as described in the
2005 Minnesota Stormwater Manual. As such, the filter fabric over the gravel bed
area but not extending to the side walls is adequate as shown. If insufficient
separation is discovered between the bottom of the facility and the ground water, the
fabric should be extended to the sidewalls as shown in Figure 12.13I0.4 of Chapter 12
in the 2005 Minnesota Stormwater Manual.
5. Rock specifications are required for the draintile bedding in the bio - retention area.
This rock must be clean, washed and may not include crushed limestone.
6. No soil mixture is specified for the bio- retention area. Sheet L200 calls out a soil
mixture for all areas to be planted with groundcover, perennials or annuals. This
mixture is not suitable for the bio- retention area. The mixture may include not less
than 40% sand by volume and may not incorporate any in situ soil materials.
7. Measures must be taken to address the drain tile and curb cut discharge points into the
bio- retention area to assure that they do not scour over time or fill up with debris.
8. The invert elevations of the drain -tiles where they enter the bio- filtration area must be
called out on the plans.
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9. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies and comply with their conditions of approval.
10. The existing grades are not legible on the civil plans. These must be clarified.
11. The bio- retention area must be protected from heavy equipment traffic; this must be
shown on the grading and utility plan sheets.
12. The total disturbed area should be quantified and reported on the grading plan. If this
is equal to one acre or more an NPDES permit and SWPPP will be required.
13. The developer shall comply with the requirements of the Carver Soil & Water
Conservation District as specified in the letter to Robert Generous dated January 20,
2010.
D. Engineering
1. A cross - access and parking agreement must be executed and recorded.
2. The developer must provide a trucking route to the Engineering Department for
review and approval.
3. The grading plan must be changed so that the bio- retention basin will not be over the
existing trunk watermain and sanitary sewer easement area.
4. The developer shall replace the trunk watermain and will be reimbursed for the cost to
replace the trunk watermain, install two gate valves, replace a fire hydrant and
produce engineering as -built drawings. The reimbursement will be based on the
actual cost to complete this work and shall not exceed $25,000.
5. The new watermain shall meet the minimum City requirements, including stainless
steel hardware on the valves and hydrant.
6. A snake pit for the tracer wire shall be installed at each end.
7. The sanitary sewer will be televised to determine its condition. The City will work
with the developer to include maintenance or repair work if needed.
8. The developer's engineer must submit cross sections at the proposed utility crossings
for review and approval.
9. All civil sheets must be signed by an engineer registered in the State of Minnesota.
10. All uses must comply with parking requirements.
E. General
1. In locations where the sidewalk crosses the curb, a pedestrian ramp shall be provided.
2. The applicant shall revise the light plan to meet the requirement for 'h foot - candle
illumination at the property line. A revised photometric plan shall be submitted with
the building permit to verify compliance with City Code.
3. All signage shall comply with City Code and requires a separate sign permit
application.
S. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
EI
BY:
1
Tho A. Fur g, Mayor
AND:
T (dd Gerhar t, City Manager
DEVELOPER
BY
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Al M day of 1 2010, by
Thomas A. 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. __j ) r _,e
t. KAREN J. ENGELHARDT
STATE OF MINNESOTA ) ' Notary Pul ijc- Minnesota
A u4 " My Commission Ex*s Jan 31, 2015
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this A � day of Ao6 I ,
2010b (1 f MA-,l
L� � � 7" � �
NO IC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317 THOMAS J. HUGHES
(952) 227 -1100 NotAry PublicMinnasasm
My CommbNon Fires Jan 31, 2015
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.
no
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. N iseellaneous.
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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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
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.
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rfreffi
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.
r �L Dated this day of (2-) L 20
STATE OF MINNESOTA )
( ss
COUNTY OF )
L
The foregoing instrument was acknowledged before me this
20 1 0, by J !�--1 V, rDn i c.kC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
day of r1 I ,
NOTAR LIC
A S I f= 015
W
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Cornmc.
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 A day of & Rf t , 20 ID
STATE OF NIINNESOTA )
COUNTY OF H nnepi n )
( ss.
The foregoing instrument was acknowledged before me this 70 day of. A Pd)
20 , by Tho I mns t gb.
PAMELA LYNN KRANZLER
NOTARY PUBLIC -MWW -5 TA
Y ..
My Commission Expim Jo.31, 2015
' ' _ UMW W D -
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
Eal'!
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