Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Escrow Documents
Status Report Tuesday, October 01, 2013 PIarl Jul 2000 Au u512000 Se tember 2000 S M T W T F S S M T W T F S M T W T F S 2 3 4 5 2 2 3 4 5 6 ] .8 .fi...1..8...9 ..i 9.1.1.12 .3...Q .. S.. s..�...8 ..9 9 1O 11 12 13 1416 13 14 95 16 i] 16 �19 10'11 i2'13 A 1516 161116 19 2921 22 20 21 22 23 24 2526 i]_18 99 20 21'L 23 23.24..25.,2621. 26,29 2) 28 29 30 31 24 25 26 27 28 29 30 30 31 ............................. ............................. J Securities Start Due S P Category Description 10/1/2013 10/1/2013 0 Escrows Ll Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012 -03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous 10/9/12 - Notified Bob. Kim 10/9/12 - Per Bob OK to release $2,800 to leave a remaining balance of $2,200. Notified Finance Dept. to issue check Check status 9/1/13. Kim 9 /1 /13- Notified Bob. Kim 9/3/13 - Per Jill grass is brown and getting browner. Hold escrow until we have confirmation that the landscaping is being maintained. Check status 10/1/13. Kim 10/1/13 -Notified Jill 1012/13 - Per Jill, OK to release remaining escrow of $2,200. Finance notified to issue $2,200 check. Activity closed. Kim ............................................................................................................................................................................................ ............................... ............ ............................... ............ ............................... ............ ............................... ............ ............................... ............ ............................... � totem oeve�oamem cAm. Pates Status Report Sunday, September 01, 2013 PIan.OR6 03i' uet a ember T F S M T W T F S S M T W T F S 1 2 3 4 5 1 2 ..8...7...8 6 ..7. 8910 11 12 3_4.5 S 76 13 14 15 13 1415 18 17 19 19 10 11 12 13 14 1516 9 20 21 22 26 21 222324 2526 11 18 19 20 21 22 23 62] 2829 27 2829 30 31 24 25 2827 28 29............... ............................. ............................. j Securities (Start Due S P Category Description 9/1/2013 9/1/2013 F Escrows J Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012 -03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous 10/9/12 - Notified Bob. Kim 10/9/12 - Per Bob OK to release $2,800 to leave a remaining balance of S2,200. Notified Finance Dept, to issue check. Check status 9/1/13. Kim . .__ ....... ........_......_ ......_.... _.... .............. .. ......._... ......_... .. ....... ... ....... .. ......... .._._........ . ...._.. CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/23/2012 10:22 AM Receipt No. 00185786 CLERK: bethanya PAYEE: 80 West 78th Street, LLC c/o Center Companies 2025 Coulter Blvd #215 Chanhassen MN 55317- 80 West 78th Street (Goodwill) Site Plan Agreement 2012 -03 Boulevard restoration, erosion control, landscaping ------------------------------------------------------- Security Escrow 5,000.00 Total Cash Check Change �t 1'�I1:�' Ci- -' 5,000.00 0.00 5,000.00 0.00 re-hec� to oc) . C)C) Status Report Monday, October 01, 2012 PIan.OR6 JD—o St 2 00 a tem0er T F S W T F S M T W T F 2 3 4 5 1 2 S.s...7 ..8 .910 11 _li 3...4 . .5. _s ..x..8..9 2 13 14 15 16 1] 18 19 i0 11 i2 13 u 15.15 9 20 2122 3 24 25 25 i ] 18 99 20 21 22 23 627 282' 0 31 2425 2627 28 2930 ............... ................ ............ _. _....._..... Secur ities 10/1/2012 11/12012 F Esc rows i;J Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012 -03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) NotiN Bob Generous ........................ ................................................ ....... "......__._.._._ ........ ................_._.......... ...... ....... ......................... ........................................ Meuwissen, Kim From: Generous, Bob Sent: Tuesday, October 09, 2012 2:29 PM To: Meuwissen, Kim Subject: RE: Goodwill Cash Escrow You can return $2,800. We will keep $2,200 for one year. From: Meuwissen, Kim Sent: Tuesday, October 09, 2012 2:28 PM To: Generous, Bob Subject: RE: Goodwill Cash Escrow So it's ok to reduce it to $2,800? KIM MEUWISSEN © PLANNING INCHANETARY N PLANNING SECRETARY 952-227-1107 7Cie.'( = -t i4 %!iSSr;NC�?Ct.C!- IArtiHA3SErV. Mohr. LAS' Find us on Facebook From: Generous, Bob Sent: Tuesday, October 09, 2012 2:14 PM To: Meuwissen, Kim Subject: RE: Goodwill Cash Escrow It can be reduced to $2,200, but then has to be held for one full growing season. Check status September 2013. From: Meuwissen, Kim Sent: Tuesday, October 09, 2012 1:17 PM To: Generous, Bob Subject: Goodwill Cash Escrow Status? Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012 -03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous 1019(12 - Notified Bob. Kim © KIM MEUWISSEN CITY OFCHA-,NHASS N 1 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/23/2012 10:22 AM Receipt No. 00185786 CLERK: bethanya PAYEE: 80 West 78th Street, LLC c/o Center Companies 2025 Coulter Blvd #215 Chanhassen MN 55317- 80 West 78th Street (Goodwill) Site Plan Agreement 2012 -03 Boulevard restoration, erosion control, landscaping ------------------------------------------------------- Security Escrow 5,000.00 Total 5,000.00 Cash 0.00 Check 5,000.00 Change 0.00 DOCU111ent No. OFFICE OF THE REGISTRAR OF TITLES T 184640 CARVER COUNTY, MINNESOTA Receipt # RT 201200002306 Cert. # 35664 Fee: $46.00 Certified Recorded on 7/31/2012 at 10:00 JAM ❑ PM 184640 Mark III�II�IIIIIIIIIII Registrar of CITY OF CHANHASSEN SITE PLAN PERMIT # 2012 -03 80 WEST 786 STREET SPECIAL PROVISIONS AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and 80 West 78b Street, LLC (the "Developer "). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 20,600 square -foot, one -story, commercial retail building (referred to in this Permit as the "project "). The land is legally described as Registered Land Survey 59, Tracts A and B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and famish 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 MFRA, Inc., dated 1/04/2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012. Plan C: Landscaping Plan prepared by MYRA, Inc., dated 1/05/2012. Plan D: Utility Plans prepared by MFRA, Inc., dated 1/04/2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2012. 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 famish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security") for $5,000.00 (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 80 West 78's Street, 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 a 20,600 square -foot, one -story, commercial retail building subject to the following conditions: a. Building Official 1) A demolition permit is required for the removal of any existing structures. 2) Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) The building is required to have an automatic fire extinguishing system. 4) Detailed occupancy - related requirements will be addressed when complete building plans are submitted. 5) The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. b. Forester 1) The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2) The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3) The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest comer of the building. c. Water Resources 1) No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2) The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3) Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. 4) The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop -off drive in order to properly divert the EOF water. 5) Correct the elevations on the filtration basin cross section on page C4.01. 6) The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. d. Engineering 1) Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. 2) The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3) Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. e. Planning 1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2) The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3) The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4) The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5) The fenestration and architectural detailing on the west elevation shall be increased. 6) The architectural detailing and columns shall be continued along the north elevation. 7) Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 8) All signage shall comply with City Code and requires a separate sign permit application. 9) The applicant shall provide a bike rack. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. am Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this lgli"day o 2012, by ' Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the of anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1 _ , 'I KARENIENGELHARDT Notary PublirrMlnneaota . _ — - , —..Ien 31.2015 i STATE OF MINNESOTA ) ( ss. COUNTY OF CC. r to v- ) 80 West 781° Street, LLC The foregoing instrument was acknowledged before me this day of 2012 by Ben Merriman, Chief Manager of 80 West 781h Street, LLC, a Minnesota Limit Liability Company, on its behalf. i - NOT PUB C DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 I#m7K'MT. EUWISSEN btic-Minnesota Expire$ Jan 31, 2015 CITY OF CHANHASSEN SITE PLAN PERMIT EXIIIBTT "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 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 Developers 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 wan-anted 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. 5 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 atoomeys' 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. 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. 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. Recordine. 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 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 nominal 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. 7 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT 5w�rvL"r�� -�•� ��nl�. Lor�c�ra�- k��o, --� 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 _eday of _, 20_�. STATE OF MINNESOTA ) ( ss. COUNTY OF,[ t - ) The Pregoing hAtnunent was acknowledged before me this _2L day of ::�/1 202� by n K r6(ag4 Assistant Vice President- of C mmLn; ty Bank Corporation, on i s behalf. N70TAKY PUBLIC #,]Notary =PubHc-Mi'nnV DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100