Site Plan Agreement RecordedCARVER COUNTY
RECORDER /REGIS "" `-T — : —_ —
DO CUMENT CI Document No OFFICE OF THE
A 555758 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#: RA 2012000054
Certified Recorded on 5/29/2012 at 03:49 ❑ A M P M
555758
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DOCUMENT
TITLE:
DOCUMENT
DATE:
NAMES:
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2012 -02
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement ") dated March 26, 2012, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and MEP2, LLC, a
Limited Liability Corporation (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a.
site plan consisting of a 12,000 square -foot daycare (Building 4G), Planning Case 2012 -02 for
Primrose School of Chanhassen (referred to in this Site Plan Agreement as the "Project "). The land
is legally described as follows:
Lot 1, Block 1, Crossroads of Chanhassen 2 "d Addition.
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: (C1.01 B) Title Sheet dated received February 3, 2012, prepared by MFRA, engineering
surveying planning energy.
Plan B: (C2.0113) Existing Conditions -Demolition Plan dated received February 3, 2012, prepared by
MFRA, engineering surveying planning energy.
Plan C: (C3.01 B) Site Plan dated received February 3, 2012, prepared by MFRA, engineering surveying
planning energy.
Plan D: (C3.02B) Truck Movement Exhibit dated received February 3, 2012, prepared by MFRA,
engineering surveying planning energy.
Plan E: (C3.03B) Planned Development dated received February 3, 2012, prepared by MFRA,
engineering surveying planning energy.
Plan F: (C4.0113) Grading Plan dated received February 3, 2012, prepared by MFRA, engineering
surveying planning energy.
Plan G: (C4.02B) Playground Area Cross Sections dated received February 3, 2012, prepared by
MFRA, engineering surveying planning energy.
Plan H: (C5.OIB) Erosion Control Plan/SWPPP dated received February 3, 2012, prepared by MFRA,
engineering surveying planning energy.
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Plan I: (C5.02B) Erosion and Sediment Control Details dated received February 3, 2012, prepared by
MFRA, engineering surveying planning energy.
Plank (C6.01 B) Utility Plan dated received February 3, 2012, prepared by MFRA, engineering
surveying planning energy.
Plan K: (C7.0113) Photometric Plan dated received February 3, 2012, prepared by MFRA, engineering
surveying planning energy.
Plan L: (C9.0113) Construction Details dated received February 3, 2012, prepared by MFRA,
engineering surveying planning energy.
Plan M: (C9.02B) Construction Details dated received February 3, 2012, prepared by MFRA,
engineering surveying planning energy.
Plan N: (L1.01B) Landscape Plan dated received February 3, 2012, prepared by MFRA, engineering
surveying planning energy.
Plan O: (L1.02B) Landscape Plan dated received February 3, 2012, prepared by MFRA, engineering
surveying planning energy.
Plan P: (L2.0113) As -Built Irrigation Requirements dated received February 3, 2012, prepared by
MFRA, engineering surveying planning energy.
Plan Q: (A -4) Exterior Elevations Plan dated received February 3, 2012, prepared by Children's Design
Group.
Plan R: (1 of 1) Alta/ACSM Land Title Survey dated received February 3, 2012, prepared by Westwood
Professional Services, Inc.
Plan S: (1 of 1) Final Plat dated received February 3, 2012, prepared by Westwood Professional
Services, Inc.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2013. 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 Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
( "security ") in the amount of $ 58,008.75. This amount has been calculated at a rate of 110% of the
actual value of improvement (grading, erosion control, landscaping, storm water, sanitary, etc.).
The City will release the security posted in accordance with the City Code.
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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:
MEP2, LLC
Attn: Benjamin Adams
17732 Ballantrae Circle
Eden Prairie, MN 55347
Phone: 952.944.6025 (office)
952.487.6323 (fax)
612.749.0766 (mobile)
benkprimroseedenprairie.com
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. On March 26, 2012, the City Council adopted the
following motions:
I. SITE PLAN REVIEW
"The City Council approves the site plan consisting of a 12,000 square -foot daycare (Building 4G),
Planning Case 12 -02 for Primrose School of Chanhassen as shown in plans dated received February
3, 2012, and including the attached Findings of Fact and Recommendation, subject to the following
conditions:
A. All existing boulevard trees along the east property line must be protected during
construction or replaced after construction. They shall be incorporated into the landscape
plan.
B. Due to existing soil conditions that are mostly clay with an alkaline tendency, staff
recommends that the red maple selection be changed to a sugar or freeman maple variety in
order to insure long -term survivability.
C. Revise the storm water calculations /plans so that they correlate. Runoff rates must be less
than or equal to the rates approved with the Crossroads of Chanhassen subdivision. Provide
explanation of volume calculations of ponding in turf area. Show size of areas on drainage
maps.
D. A permit is required from the appropriate agency for any offsite grading. Currently the plans
show grading in the county right of way which would require a permit from Carver County.
E. 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.
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F. A fence shall be installed above the proposed retaining wall in any area where the vertical
separation exceeds 4' in height.
G. 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.
H. The additional sanitary sewer service which is not being utilized must be sealed at the
mainline.
I. The proposed storm sewer, draintile, and service connections within the property are private
and must be maintained by the owner.
Each new building is subject to sanitary sewer and water hookup charges. The 2012 trunk
hookup charge is $2,107 for sanitary sewer and $5,717 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the
Met Council and are due at the time of building permit issuance.
K. A Stormwater Pollution Prevention Plan must be submitted to the City for review and
approval.
L. Silt fence shall be standard machine sliced or heavy duty per Section 3886 of MnDOT
Standards and Specification Manual for Construction in all areas with a positive gradient
towards waters of the state. Chanhassen standard detail plates shall be included in the
construction details of the plan set. These will include, at a minimum, Plate No. 3107, 5300,
5301, 5302 and 5302A.
M. Sheet C5.01 B shall include the specifics of stabilization for the disturbed areas adjacent to
the pond including the pipe, inlet, outlet and ingress and egress. MnDOT seed mix 100 or
110 are unacceptable as permanent cover crops and must be changed to a seed mix more
appropriate to duration and site conditions. Further, MnDOT and BWSR have compiled new
seed mixtures and these shall be consulted.
N. The X -Grass areas are considered impervious and should be calculated as such. The table on
Sheet No. C5.01 B shall be revised to indicate this. The line item POST - CONSTRUCTION
IMPERVIOUS shall read 1.28 ACf. This is the number that shall be used to calculate total
hardcover on the entire Crossroads of Chanhassen PUD development.
O. Encroachment agreements are needed for any structure located in the drainage and utility
easements. This includes but is not limited to the entrance monument, light poles,
playground equipment, artificial turf, and fence, located in drainage and utility easements.
P. Upon completion, the applicant shall submit a set of "as- built" plans signed by a professional
engineer.
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Q. All of the maintenance for landscaping, and irrigation within the City right of way must be
maintained by the developer.
R. The applicant shall work with staff on minor plan modifications.
S. A wetland buffer 16.5 feet in width and a 30 -foot setback from the wetland buffer must be
maintained around Wetland 1. Secondary structures are allowed to encroach up to 50% of
the setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with
the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the
direction of City staff, before construction begins and must pay the City $20 per sign.
T. Fire Marshal Condition:
1) " No parking, fire lane" signs will be required along with yellow painted curbing.
Contact Chanhassen Fire Marshal for details.
U. Building Official Conditions:
1) The building(s) are required to have automatic fire extinguishing systems.
2) Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3) Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
4) Fenced "play" areas must be provided with approved exiting systems.
5) Detailed occupancy and accessibility related requirements will be addressed when
complete building plans are submitted.
6) The owner and /or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures. .
V. All rooftop and ground equipment must be screened from views.
W. Approval of the site plan applications is contingent upon approval of the final plat and the
PUD amendment — Planning Case 2012 -01.
X. The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign
shall be located 10 feet from the property line.
Y. Sign illumination and design shall comply with ordinance.
Z. Approval of the site plan is contingent upon vacation of drainage and utility easement.
AA. The fence may not exceed six and one -half feet in height.
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1
BB. The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained
within the same enclosure.
CC. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or manmade systems that discharge to a surface water."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
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CITY OF CHANHASSEN
BY
Tom Furlong, Ma or
(SEAL)
AND:
odd Gerhardt, City Manager
STATE OF MINNESOTA
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisaiday of Mgl , 2012,
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
LA
NOTARY P LI
T. MEUWIS��-
KIM ry Public- �;'�
MY commission ExPires"�"
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B .
1. Adams, Chief Manager
STATE OF MINNESOTA )
( ss
COUNTY OF ,e
The foregoing instrument was acknowledged before me this ,:Rq day of OON ,
2012, by Benjamin Adams, Manager and by Lisa Adams, Chief Manager of MEP2, LLC.► a limited
liability company.
NOTAR PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317 KIM T. MEUWISSEN
(952)227 -1100 r Notary Public- Minnesota
My Commission Expires Jan 31, 201b
SP -8
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
FIRST MINNETONKA CITY BANK
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 24th day of May , 2012.
First Minnetonka City Bank
By: Scott A Elleraas
Its: Vice President
STATE OF MINNESOTA )
COUNTY OF Hennepin )
( ss.
The foregoing instrument was acknowledged before me this 24t hday of May
20 IL b Scott A Elleraas, the Vice President of First Minnetonka City Bank
OTARY PUBLIC
Not y Pubic
Wnfasota
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
►' S
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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) Site Plan 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, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
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, Plans H and I, 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 blowing materials, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
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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 City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve (12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
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 plat 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 Site Plan Agreement
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.
GC -2
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 Site Plan Agreement.
F. Occupan cy . 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 Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording This Site Plan Agreement 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 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 Site Plan
Agreement shall be from 7:00 a.m. to 7:00 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
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
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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 Site Plan Agreement.
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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