Site Plan Agreement Recorded2 IL
CARVER COUNTY -
RECORDER /REGI OFFICE OF THE
DOCUMENT ( D,xu 683 COUNTY RECORDER
A 566835 CARVER COUNTY, MINNESOTA
Receipt # RA 201200012981
Certified Recorded on December 03, 2012 12:49 PM
Fee: $46.00
5668-35
1111
Mark III III I III II III County
BECrWro
JAN 14 2013
CITY OF CHANHASSEN
DOCUMENT
TITLE:
DOCUMENT
DATE: l0 �
NAMES:
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2012 -15
SPECIAL PROVISIONS
THIS AGREEMENT ('Site Plan Agreement ") dated October 22, 2012, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and STEVENS
INVESTMENTS, 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 15,681 square -foot continuing care retirement facility, Planning Case 2012-
15 for BeeHive Home (referred to in this Site Plan Agreement as the 'Project "). The land is legally
described as follows:
Lot 1, Block 1, BeeHive Home, according to the recorded plat thereof, Carver
County, Minnesota.
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: (AI) Title Sheet dated received October 9, 2012, prepared by Sharratt Design Company.
Plan B: (A2) Proposed Main Level Plan dated received October 9, 2012, prepared by Sharratt Design
Company.
Plan C: (A3) Proposed Lower Level Plan dated received October 9, 2012, prepared by Sharratt Design
Company.
Plan D: (A4) Roof Plan dated received October 9, 2012, prepared by Sharratt Design Company.
Plan E: (A5) Proposed Elevations dated received October 9, 2012, prepared by Sharratt Design
Company.
Plan F: (A6) Proposed Elevations dated received October 9, 2012, prepared by Sharratt Design
Company.
Plan G: (CI) Title Sheet dated received October 9, 2012, prepared by James R. Hill, Inc.
Planners/Engineers /Surveyors.
Plan H: (C2) Existing Conditions Plan dated received October 9, 2012, prepared by James R. Hill, Inc.
Planners/Engineers /Surveyors.
Plan I: (0) Soils Map /Site Plan Information dated received October 9, 2012, prepared by James R.
Hill, Inc. Planners /Engineers /Surveyors. Return To
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tza waet Msiw- spice 200
Wl . & -3 75387
Plan J: (C4) Existing and Proposed Drainage Plan dated received October 9, 2012, prepared by James
R. Hill, Inc. Planners /Engineers /Surveyors.
Plan K: (C5) Erosion and Sediment Control Details Plan dated received October 9, 2012, prepared by
James R. Hill, Inc. Planners/Engineers /Surveyors.
Plan L: (C6) Erosion and Sediment Control Details dated received October 9, 2012, prepared by James
R. Hill, Inc. Planners/Engineers /Surveyors.
Plan M: (C7) Final Grading & Drainage Plan dated received October 9, 2012, prepared by James R.
Hill, Inc. Planners /Engineers /Surveyors.
Plan N: (C8 -A) Final Tree Preservation Plan dated received October 9, 2012, prepared by James R. Hill,
Inc. Planners /Engineers /Surveyors.
Plan O: (C8 -B) Final Landscaping Plan dated received October 9, 2012, prepared by James R. Hill, Inc.
Planners /Engineers /Surveyors.
Plan P: (C9) Final Utility Plan dated received October 9, 2012, prepared by James R. Hill, Inc.
Planners /Engineers /Surveyors.
Plan Q: (CIO) Paving & Dimensioning Plan dated received October 9, 2012, prepared by James R. Hill,
Inc. Planners/Engineers /Surveyors.
Plan R: (C11) Detail Sheet received October 9, 2012, prepared by James R. Hill, Inc.
Planners/Engineers /Surveyors.
Plan S: (1 of 1) Final Plat dated received October 9, 2012, prepared by James R. Hill, Inc.
Planners/Engineers /Surveyors.
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 $14,953.40. This amount has been calculated at a rate of 110% of the
actual value of improvement (landscaping) and will be included in the security required by the
Development Contract. The City will release the security posted in accordance with the City Code.
SP -2
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:
Tyler Stevens
6505 Fox Hollow Court
Chanhassen, MN 55317
Phone: 612- 770 -7611
tyler.stevensgencorecare.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 October 22, 2012, the City Council adopted the
following motion:
"The City Council approves the site plan consisting of a 15,681 square -foot continuing care
retirement facility, Planning Case 2012 -15 for BeeHive Homes as shown in plans dated received
October 9, 2012, based on the revised plans dated received October 22, 2012 and including the
attached Findings of Fact and Recommendation, subject to the following conditions:
A. Install tree protection fencing around the preserved oak at least 30 feet from the trunk.
The fencing shall be installed prior to any construction activity and remain until site
construction is completed. Wood chip mulch shall be applied within the fenced area to a
depth of 4 -6 inches.
B. One spruce shall be added to the plantings along the west property line. The tree should
be located behind the proposed group of five lilacs.
C. Building Official Conditions:
1) The proposed structure is required to have an automatic fire extinguishing system.
2) All plans must be prepared and signed by design professionals licensed in the
State of Minnesota. A geotechnical (soil evaluation) report is required.
3) Designs \plans for retaining wall(s) exceeding four feet in height must be prepared
and signed by a structural engineer.
4) Detailed building code related requirements have not been reviewed; this will take
place when complete structural /architectural plans are submitted.
5) Demolition Permit(s) are required for the removal of any existing structures on the
site.
6) The owner and /or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
D. All rooftop and ground equipment must be screened from views.
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E. Approval of the site plan applications is contingent upon approval of the final plat,
rezoning, and the City Code amendment — Planning Case 2012 -15.
F. 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. A sign permit is required before
construction of the sign.
G. Sign illumination and design shall comply with ordinance.
H. Recycling space and other solid waste collection space should be contained within the
same enclosure as the trash.
I. The existing buildings must be removed prior to grading. Demolition of structures must
comply with National Emission Standards of Hazardous Air Pollutants, Minnesota Rules
7035.0805 and any other pertinent rules, regulations and laws.
The developer will be responsible for all the costs associated with rerouting the storm
water. The City will own and maintain the proposed storm sewer upon acceptance by the
City. The developer must model the drainage area discharging to the 36 -inch storm sewer
to determine the proper sizing of the storm sewer through the site.
K. A permit is required for any work within the MnDOT right -of -way.
L. The NURP calculations and or drainage area map must be revised to correlate to the
plans.
M. The roof drainage from the rear of the building needs to be collected and piped to prevent
storm water from discharging to the properties to the west.
N. Drainage maps and hydrocad calculations were provided for this site. The maps do not
show the correct drainage boundaries. The maps and calculations must be revised to meet
City standards.
O. 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.
P. The applicant shall work with staff on the proposed location of the new lines. The sewer
and water lines located between the existing lines and the property to the south will be
city owned and maintained. The lines connecting to the buildings will be private.
Drainage and utility easements will be required on the public portion of the sewer and
water lines. Permits are required from the Department of Health and MPCA for the
sewer and water extension.
Q. Each new building is subject to sanitary sewer and water hookup charges. The 2012
trunk hookup charge is $2,107 per unit for sanitary sewer and $5,717 per unit 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
Om
number of SAC units assigned by the Met Council and are due at the time of building
permit issuance.
R. The utilities will need plan and profile sheets of all public utilities. The public portion of
these utilities will be inspected by an engineering inspector. Upon completion, as- builts
must be completed to ensure that the utilities meet the specifications of the City.
S. Existing easements are shown in the location of the proposed building. The building
must be shifted outside of the drainage and utility easement.
T. The developer must post a letter of credit or cash escrow ensuring the future connection
to the property south of this development. This connection must occur within one year of
the completion of the first lift of asphalt. Upon completion of the new access point, the
BeeHive Home property must remove the right - in/right -out access. The City will hold
the letter of credit or cash escrow until the BeeHive Home property connects to the future
access point and removes their current right - in/right -out.
U. The applicant shall provide the NPDES Permit number prior to commencement of earth -
disturbing activities.
V. The SWPPP shall be amended such that under Project Contacts, the City contact is Terry
Jeffery, Water Resources Coordinator 952.227.1168 and Chip Hentges, Carver County
SWCD, 952.466.5230 shall be added.
W. That portion of the SWPPP with the heading "Responsibility Requirements" shall be
completed in full and submitted to the City and included in the on -site SWPPP at the pre -
construction meeting or otherwise prior to the commencement of earth- disturbing
activities.
X. Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of
all erosion prevention and sediment control BMPs must be included in the SWPPP.
Y. Those areas to be protected from grading, construction traffic, material stockpiling or
other disturbance shall be clearly labeled on the plans and adequate protection in the form
of fencing with metal T -posts shall be shown on the plans and installed prior to any earth -
disturbing activities. This shall be included as part of the SWPPP.
Z. Category 3 erosion control blanket is only required where slopes exceed 3:1. All blankets
shall use natural netting and stitching. Hydraulic soil stabilization would be a preferred
alternative.
AA. Erosion stabilization mat shall be placed at the outfall in the intermittent channel. This
shall be classed by shear stress within the channel as described in MnDOT Specification
Manual 3888.1.
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BB. All silt fences shall be standard machine sliced or heavy duty. In no case may
preassembled silt fence be used without approval from the city. This shall be indicated
on the plan and in the legend.
CC. The legend shall be included on sheet C6: Erosion and Sediment Control Plan in addition
to sheet C1.
DD. The rock construction entrance shall be consistent with section 19 -145 in that it must be
at least 75 feet in length unless it can be shown that it is not possible to do so.
EE. The swale located southeast of the proposed building shall be stabilized in its entirety.
FF. The S WPPP must identify the receiving waters for this project.
GG. All City standard detail plates shall be edited so that they are legible.
HH. The applicant must receive approval from the United States Army Corps of Engineers
prior to working within the existing intermittent channel and provide proof of approval to
the City.
II. Any dewatering needed shall have a plan which shall be included with the SWPPP. This
plan shall be provided to the City and the City shall be notified at least 48 hours prior to
commencement of dewatering activities.
JJ. Stockpile areas shall be shown on the plan and shall include the anticipated sediment
control practices which will be implemented. These additional quantities shall be added
to quantities currently in the plan.
KK. Encroachment agreements are needed for any structure located in the drainage and utility
easements. This includes but is not limited to the parking lot and light poles located in
drainage and utility easements.
LL. The applicant shall work with staff on minor plan modifications.
MM. The trash enclosure shall utilize the same exterior materials as the proposed building.
Recycling space and other solid waste collection space should be contained within the
same enclosure"
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "A" and incorporated herein.
SP -6
(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
BY: A �^
To Furlon ayor
AND:
dd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 9 ay of &-V-� 12,
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. I -
/ / NOTARY PUBLIC
w•nnnvvevwn
JWNot.a" AA J. �LMARDT ry Public- Minnesota Comission Expires Jan 31, 2015
SP -7
STEVENS INVESTMENTS, LLC
BY:
Ty?WStevens, Chief Executive Officer
STATE OF MINNESOTA )
(ss
COUNTY OF [trirve✓ )
The foregoing instrument was acknowledged before me this a'1}hday of I� Gyf mbe r
2012, by Tyler Stevens, Chief Executive Officer of Stevens Investments, LLC.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
ffm
NOTAR P BLIC
KIM T. MEUWISSEN
i, z Notary Public- Minnesota
My Commission Expires Jan 31, 2075
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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) 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 K and L, 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.
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)
GC -1
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.
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.
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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;
5. Metropolitan Government, its agencies, departments and commissions.
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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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