Site Plan Permit Recorded1 " -1;
CAMPBELL KNUTSON
February 22, 2013
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECOVE
Re: Chanhassen — Miscellaneous Recording FEB 2 5 2013
Dear Kim:
CITY OF CHANHASSEN
Pursuant to your letter of January 8, 2013, enclosed herewith for your files
is the original recorded Site Plan Permit # 2012 -11 for Lakeside Twinhomes.
Please note that this Site Plan Permit was recorded with the Carver County
Recorder on January 14, 2013, as Document No. A569654.
If you have any questions regarding the above, please give me a call.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By: .l e
Carole J. Hoeft
ejh Legal Assistant
Enclosure
Document Rio. OFFICE OF THE
A 569654 COUNTYRECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 14, 2013 1:53 PM
Fee $46.00
569654 Mark
IIII 1111111111111 County Rdecorder
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2012 -11
LAKESIDE TWINHOMES
SPECIAL PROVISIONS
AGREEMENT dated September 24, 2012, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, °(the "City "), and Ron Clark Construction & Design, (the
'Developer ").
1. Request for Site Plan Approval, The Developer has asked the City to approve a site plan
for a 17 -unit townhouse development, plans prepared by Pioneer Engineering, dated 08- 03 -12,
with a 1.5 -foot variance to permit the decks to project 8.5 feet into the required yard along the
eastern project boundary (21.5 -foot setback), and a 8.7 -foot variance to permit decks to be set
back 21.3 feet from the wetland buffer edge in the Lakeside development (referred to in this
Permit as the "project'). The land is legally described as Lots 1 -4, Block 1, Lots 1 -3, Block 2, Lots
1 -3, Block 3, Lots 1 -7, Block 4 and Outlots C, D, E and F, Lakeside Seventh Addition.
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
terns of this Permit, the written terms shall control. The plans are:
Plan A —Site Plan prepared by Pioneer Engineering, dated 08/03/12.
Plan B— Grading, Drainage and Erosion Control Plan prepared by Pioneer Engineering, dated
08/03/12.
Plan C— Landscaping Plan prepared by Pioneer Engineering, dated 3/30/10.
Plan D— Utility Plans prepared by Pioneer Engineering, 08/03/12.
4. Time of Performance. The Developer shall install all required screening and landscaping
1 we
by October 30, 201 S. 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 (landscaping).
PROCEDURESFOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit nnist 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.
G. 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 78a' 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 17 -unit townhouse
project in the Lakeside development subject to the following conditions:
a. Building Officials Comments:
1) Buildings over 9,250 square feet in area (floor area to include all floors, basements and
garages) must be protected with an automatic fire protection system.
2) A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
3) Retaining walls over four feet high require a design by a professional engineer,, a building
permit, inspections and final approval.
2
4) Walls and projections within 5 feet of property lines are required to be of one -hour fire-
resistive construction.
5) Buildings are required to be designed by an architect and engineer (licensed in the State
of Minnesota) as determined by the Building Official.
6) The developer and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
b. Environmental Resource Specialist Conditions:
1) The applicant shall provide 7 overstory, I 1 understory and 19 shrubs along the north
property line; at least 7 overstory, 14 understory and 21 shrubs along the east property
line of outlot C or landscaping consistent with the existing buffer to the south.
2) A revised landscape plan that meets minimum requirements must be submitted to the city
before final approval.
3) Provide screening for proposed homes adjacent to Lake Riley Drive. Locations include
south of the homes in Block 3, on outlot E as well as south of the homes in Block 1.
c. Fire Marshall Conditions:
1) A three -foot clear space shall be maintained around the circumference of the fire hydrants
per MSFC Section 508.5.5.
2) Nothing shall be placed in a manner that would prevent or hinder operation of the fire
hydrant by firefighters per MSFC Section 508.5.4.
3) Submit proposed street name(s) to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval. Note: duplicate street names will not be accepted.
4) Prior to building construction, approved temporary street signs must be installed.
d. Planning Conditions:
1) The developer shall enter into a site plan permit with the City and provide the financial
security required by it.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CIT F HANHASSE 4:47
BY: I
Thomas A. Furlong,,, Mayor
�
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this I flay of
2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf re poration and pursuant to the
authority granted by its City Council.
�vinnn G
` KAREN J, ENGELMARDT T RY PU IC
Notary Public- Minnesota
:nw. •` My Commission Expires Jan 31, 2015
DEVELOPER:
1
BY: 3
Its 6 Le
STATE OF MINNESOTA )
(ss.
COUNTY OF
The foregoing instrument was acknowledged before me this (o" ` day of Yt�
2012 by rim ks 'p, C'10_r6 , the Developer.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. nor 147
Chanhassen, MN 55317
(952) 227 -1100
PUBLIC
LOO A� TVIA ANEC
ldotary Public- Minnesota
ry C_ommiseicn PnpWa Jan 37, 2015
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 uritil 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.
61
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 Rill 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 wider 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. Severabilitv. 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
0
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 2012
STATE OF MINNESOTA )
( ss
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
2012, by
DRAFTED BY:
City 0rCho111imsen
7700 Marlret Boulevard
P. O. Box 147
Chanhassen, MN $5317
(952)227 -1100
13
NOTARY PUBLIC
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
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 �� 51 day of i�o 2012.
STATE OF MINNESOTA )
COUNTY OF )
The
2012, by,
DRAFTED BY;
City of Chanhassen
7700 Market Boulevard
P.O. Box I47
Chanhassen, MN 55317
(952) 227 -1100
AU
(ss.
was acknowledged before me this N day of i bp,,-,
�JR(Lr� n1�►V���
NOTARY P— UB C — ^�
9
JEANAM. LIVINGSTON
NOTARY PUBLIC
MINNESOTA
b Cgmminbn aw., Jen. v. 2013