Site Plan Agreement Recording Transmittal 05-16-2013CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227 -1100 FAX (952) 227 -1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE JOB NO.
5/16/13 2013 -06
ATTENTION
Carol Hoeft
RE:
Document Recording
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑ —
"oo
COPIES
DATE
NO.
DESCRIPTION
1
3/25/13
13 -06
Site Plan Agreement 2013 -06 with Kraus - Anderson
❑
FORBIDS DUE
Lot 2, Block 1, Crossroads of Chanhassen
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
For your use
❑
As requested
❑
For review and comment
❑
FORBIDS DUE
REMARKS
COPY TO:
❑ Approved as submitted ❑ Resubmit
❑ Approved as noted ❑ Submit
❑ Returned for corrections ❑ Return
® For Recording
❑ PRINTS RETURNED AFTER LOAN TO US
copies for approval
copies for distribution
corrected prints
SIGNED:
Sharm> - a 52) 227-1134
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2013 -06
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement ") dated March 25, 2013, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and KRAUS-
ANDERSON, IM, A Minnesota Corporation (the 'Developer ").
INCORPORATED
1. Request for Site Plan Approval. The- Developer has asked the City to approve a
site plan consisting of a 13,871 square -foot multi -tenant building with a drive -tbru to allow a fast
food restaurant (Building 4B), Planning Case 2013 -06 (referred to in this Site Plan Agreement as
the "Project "). The land is legally described as follows:
Lot 2, Block 1, Crossroads of Chanhassen
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: (Cl of 10) Title Sheet dated Received January 23, 2013, prepared by Westwood Professional
Services Inc.
Plan B: (C2 of 10) Existing Conditions dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan C: (C3 of 10) Overall Site Plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan D: (C4 of 10) Preliminary Site Plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan E: (C5 of 10) 2013 Phasing Plan Building and Parking Lot Construction dated Received January
23, 2013, prepared by Westwood Professional Services Inc.
Plan F: (C6 of 10) Preliminary Grading Plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan G: (C7 of 10) Preliminary grading plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan H: (C8 of 10) Preliminary Landscape Plan dated Received January 23, 2013, prepared by
Westwood Professional Services Inc.
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Plan I: (C9 of 10) Preliminary Landscape Details dated Received January 23, 2013, prepared by
Westwood Professional Services Inc.
Plan J: (C 10 of 10) Preliminary Lighting Plan dated Received January 23, 2013, prepared by
Westwood Professional Services Inc.
Plan K.1: (Al) Retail Exterior Elevation Plan dated Received January 23, 2013, prepared by
Architectural Consortium L.L.0
Plan K.2J: (Al) Colored Retail Exterior Elevation Plan dated Received January 23, 2013, prepared by
Architectural Consortium L.L.0
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2014. 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 $230,699.70. This amount has been calculated at a rate of 110% of
the actual value of improvement (grading and erosion control $70,213.00, landscaping $54,464,
storm water, sanitary, utilities, etc. $134,050.00). The City will release the security posted in
accordance with the City Code.
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:
Kraus- Anderson Realty Company
Attn: Mr. Jack Appert
4210 W. Old Shakopee Road
Bloomington MN 55437 -2951
Phone: (952) 948 -9367 (office)
(952) 881 -8114 (fax)
(651) 402 -6049 (mobile)
iappert@karealiy.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 25, 2013, the City Council adopted the
following motion:
00)
"The City Council approves the site plan consisting of a 13,871 square -foot multi -tenant building
with a drive -thru to allow a fast food restaurant (Building 4B), Planning Case 2013 -06 as shown
in plans dated received January 23, 2013, and including the attached Findings of Fact and
Recommendation, subject to the following conditions:
Environmental Resource Conditions:
1. All existing boulevard trees along the west property line must be protected during
construction or replaced after construction if damaged or dead.
2. The selections of Norway maple and Colorado spruce must be removed from the plant
schedule. Hackberry may be selected to replace the Norway maple, other selections as
suggested by the applicant and approved by city staff.
3. Staff recommends that recycling containers be place alongside trash containers in public
spaces.
4. Staff recommends that evergreens be located near the drive -thru area to block headlight glare
into the neighboring use and Highway 101 traffic.
5. The required number of overstory trees in the south and east bufferyards is 8. The applicant
shall convert understory selections to overstory species in all locations where they are not in
conflict with signage.
Fire Marshal Conditions:
6. A three -foot clear space shall be maintained around fire hydrants. MSFC sec. 508.5.4.
7. Watermains shall be made serviceable prior to combustible construction. SFC Sec. 503.1.1.
8. Fences, posts, landscaping, storage and other materials shall not be placed near fire hydrants,
Fire Department sprinkler connections that would prevent such equipment from being
immediately discernable. MSFC. Sec 508.5.4.
9. "No Parking Fire Lane" signage and yellow painted curbing will be required. Have
developer contact Chanhassen Fire Marshal for exact locations and sign requirements. MSFC
Sec. 503.3.
10. An addition fire hydrant fire will be required. Contact Fire Marshal for location.
Entineerine Conditions:
11. Upon completion, the applicant shall submit a set of "as- built" plans signed by a professional
engineer.
12. All of the maintenance for landscaping, and irrigation within the right -of -way must be
maintained by the developer.
13. The applicant shall work with staff on minor plan modifications.
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14. The phase line must be shown on all plans.
15. The applicant must work with the City to provide assurances that the edge of pavement and
drainage patterns can be adequately maintained given the proposed phase line.
16. A stop sign must be installed at the end of the drive -thru.
17. Site detail "21" in front of the retail building must be included in the site notes.
18. The traffic study must be updated to include an analysis of traffic volumes to the year 2023.
19. The developer shall comply with any additional conditions of approval resulting from the
2023 traffic volumes.
20. The applicant must obtain a MnDOT drainage permit.
21. Spot elevations must be shown on the grading plan to confirm that the site meets the
following minimum grade requirements: 0.5% along curb lines, I% on pavement, and 2% on
turf.
22. Emergency overflow locations and elevations must be shown on the plans.
23. The finished floor elevation of each building must be minimum one foot above the
emergency overflow.
24. The proposed sanitary sewer, watermain and storm sewer shall be privately owned and
maintained.
25. All utilities must be installed and tested in accordance with City standards.
26. The rim and invert elevations of manholes must be shown on the utility plan.
27. Provide a detail of each utility crossing to ensure that there are no conflicts.
28. The storm sewer design must be modified to provide sufficient inlet capacity for drainage
area 20.
29. Add the storm sewer schedule to the utility plan
30. The power to the Crossroads Boulevard irrigation system must be removed from the City
supply and connected to the development's system.
31. Identify the utility line between the entry monument at Lyman Boulevard and the southern
retail building. This utility shall be relocated within the right of way and/or drainage and
utility easements.
32. The plan set must include a detail sheet.
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33. City of Chanhassen Detail Plate 5215, Pedestrian Ramps, must be included on the detail
sheet.
Plannine Conditions:
34. Encroachment agreements are needed for any structure located in the drainage and utility
easements.
35. All rooftop and ground equipment must be screened from views
36. Approval of the site plan applications is contingent upon approval of the PUD amendment —
Planning Case 2013 -06.
37. Sign illumination and design shall comply with ordinance.
38. 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."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
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(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
To Furl ng, Mayor
AND:
dd Gerh6dt, City Manager
The foregoing instrument was acknowledged before me this-k'�Iday of 2013,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of C risen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
OT PUBLIC
KAREN J.ENGELNARDT
Notary Public- Minnesota
`k My C=m1w1w Expires Jan 31, 2015
SP -6
BY:
Bruce W. Engelsma
its CEO
STATE OF MINNESOTA )
(ss
COUNTY OF HENNEPIN )
,INCORPORATED
The foregoing instrument was acknowledged before me this 23rdday of April
2013, by Bruce W. Engelsma CEO
• " .M ARY BAKKE NOTYPUBLICAKKEOTA NQ'1'AIZj� PUBLIC Myco..i..iU LP."Jan. 31.20151
• » > > > >r
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
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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, Plan F, 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.
Ceiba
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 Site Plan Agreement.
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 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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