Site Plan Permit RecordedCAMPBELL KNUTSON
November 12, 2013
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Chanhassen — Miscellaneous Recording
Dear Kim:
RECE9VED
NOV 14 2013
CITY OF CHAtiNHASSEN
O� -0/
Pursuant to our telephone conversation, enclosed herewith for your files is
the original, recorded Site Plan Permit #08 -07. Please note that this Site Plan
Permit was recorded with the Carver County Recorder on October 2, 2013, as
Document No. A 585090.
If you have any questions regarding the above, please give me a call.
cjh
Enclosure
173428v1
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
Carole J. Hoeft P`
Legal Assistant
Document No. OFFICE OF THE
A 585090 COUNTYRECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on October 02, 2013 4:30 PM
Fee: $46.00
J1se7 +o90
VIII II III�IIIiI III Lundgren
rlP.
CITY OF CHANHASSEN
SITE PLAN PERMIT #08 -07
SPECIAL PROVISIONS
AGREEMENT dated April 14, 2008, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City "), and Eden Trace Corporation,)pb
a Minnesota corporation (the 'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for IDI Distributors for a 71,500 square -foot, two - story, office - warehouse building to be built in
two phases (referred to in this Permit as the "project "). The land is legally described as Lot 1,
Block 1, Audubon Corporate Center I" Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter 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
terms of this Permit, the written terms shall control. The plans are:
Plan A - -Site Plan prepared Houwman Architects, dated February 15, 2008, revised March 5, 2008
and April 4, 2008.
Plan B -- Grading Plan prepared by McCombs Frank Roos Associates, Inc., dated February 15,
2008, revised February 29, 2008 and April 4, 2008.
Plan C -- Landscaping Plan prepared by McCombs Frank Roos Associates, Inc., dated February 15,
2008.
Plan D-- Utility Plans prepared by McCombs Frank Roos Associates, Inc., dated February 15, 2008,
revised February 29, 2008 and April 4, 2008.
Plan E -- Erosion Control Plan/SWPPP prepared by McCombs Frank Roos Associates, Inc., dated
February 15, 2008, revised February 29, 2008 and April 4, 2008.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 31, 2008. 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 (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.
PROCEDURESFOR
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:
Eden Trace Corporation
8156 Mallory Court
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 IDI Distributors for a
71,500 square -foot, two - story, office - warehouse building to be built in two phases subject to the
following conditions:
a. The applicant shall enter into this site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. The development shows metal halide lighting which must be revised to high - pressure
sodium vapor. All light fixtures shall be shielded.
c. The developer shall provide a sidewalk connection from the site to the trail on Audubon
Road. Pedestrian ramps shall be provided at all curb cuts.
d. The future building expansion shall continue the same architectural detailing of the first
phase of the building.
e. The applicant shall meet minimum requirements in all bufferyard areas.
f. The applicant shall plant three boulevard trees along Audubon Road in the empty spaces
created by entry drive rearrangements.
g. The applicant shall meet minimum requirements for parking lot trees.
The future expansion area will be seeded with a fescue mix and planted with bare root
aspens, or other trees as approved by the City, at a spacing of 15 feet. These trees may be
removed with no penalty when the expansion is needed.
i. The applicant shall use BWSR U8 in all graded areas along the eastern property line.
j. Existing City boulevard trees will be protected with fencing during all phases of
construction. The applicant will be responsible for replacing any trees that die as a result
of construction activity.
k. A wetland buffer 20 feet in width and a 30 -foot setback from the wetland buffer must be
maintained around all wetlands on the property. Secondary structures are allowed to
encroach up to 50% of the setback. It appears that the retaining wall has exceeded the
allowed encroachment and needs to be moved out of this 15 -foot 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.
The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer
or 35 feet from the wetland edge.
m. A NPDES Phase H Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site.
n. The proposed storm water pond shall be constructed prior to disturbing upgradient areas
and used as a temporary sediment basin during mass grading. Diversion berms /ditches
may be needed to divert water to the pond and a temporary pond outlet shall be provided.
The outlet could be a temporary perforated standpipe and rock cone. The plans shall be
revised to include a detail for the temporary pond outlet.
o. A detailed construction plan needs to be created for the pond construction which shows
how water quality of the existing pond and adjacent water body will be protected. At a
minimum, this must show how the pond will be dewatered and what best management
practices will be employed.
p. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-
75 feet.
q. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF
could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent
erosion control blanket). A typical detail shall be included in the plan. The overland
route from the EOF to the existing wetland shall be shown on the plans and shall be
encumbered by a drainage and utility easement.
r. 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
Steeper than 3:1
7 days
10:1 to 3:1
14 days
Flatter than 10:1
21 days
(Maximum time an area can
remain open when the area
is not actively being worked)
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 man made systems that discharge to a surface water.
s. Inlet protection maybe needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over
the manhole with a steel plate holding the fabric in place.
t. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering)) and comply with their conditions of approval.
u. A 3 -foot clear space shall be maintained around the circumference of fire hydrants except
as otherwise required or approved Section 508.5.5 MSFC.
v. Post fences, vehicles, growth, trash, storage, and other materials shall not be placed or
kept near fire hydrants, Fire Department inlet connections or fire protection control valves
in a manner that would prevent such equipment or fire hydrants from being immediately
discernable. The Fire Department shall not be deterred or hindered from gaining
immediate access to fire protection equipment or fire hydrants. Section 508.5.4 MSFC.
w. No burning shall be issued for trees to be removed. Trees and shrubs must be removed
from site or chipped.
x. Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
rd
Yellow curbing and no parking fire lane signs will be required. The developer shall
contact the Chanhassen Fire Marshall for exact location of yellow curbing and locations
of signs to be installed.
z. Dumpsters, if placed outside, shall be properly screened.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF CHANHASSEN
BY: '
Thomas A. Furlong, Ma�% r�
AND: 4
odd Gerhardt, City Manager
DEVELOPER:
EDEN TRACE CORPORATION
BY: VA
Its R.- -
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Oday of 200e,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of hanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NO t5,7 PUBIAC
�4 "e "' "`E KAREN J. ENGELHARDT
y. Notary PublicAlinnesota
41a My commission ex fires Jan 31, 2010
STATE OF MINNESOTA )
(ss.
COUNTY OF A )
The foregoing instrument was acknowledged before me this PP— day of by i 1
20ygby tLark ( e s 6 , the President of Eden Trace Corporation, a
Minnesota corporation, on behalf of the CO
NOTARY P
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
0
DONNA V. [LEONAi{D
90URY RMIX•781BIE8 4
940-04 - - - W.OAPAOWV W Comnrnipn E,prssJn 71, 7010
■
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITION
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
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.
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 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.
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 normal
working hours will require City Council approval.
K. Soil Treatment S,, std. 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;
Z. 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.
10
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 ARvA , 2008
STATE OF MINNESOTA )
( ss
COUNTY OF
EQUITABLE HOLDING CO. LLC
By 4�'A-�k �L -
Its Chief Manager
The foregoin& instrument was acknowledged before me this e e— day of kp r: l
20 C6, by 1-st�k , h Chie" Manager of Holding Co. LLC,
a Minnesota limited liability company, on behalf pany.
eNOTARY P
DRAPIED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
11
•
DONNA M.LEONAiiD
NOTARY PUBUC•MINNESOTA
WCmmytgnE*R 41,fOto
s
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 fiill force and effect
even if it forecloses on its mortgage.
Dated this day of n �� '206.
STATE OF NIINNESOTA FA� HMBHArf
NOTARY PUBLIC- MMINESOTA
( SS. My Commission Expires Jan .31,2013
COUNTY OF� �) _
The foregoing instrument was acknowledged before me this day of ()C —U �QQA ,
20 Q by tl7il��CtM �CY�K1�P� r_presir3ant of rnn.mmity
Bank Corporation, on its behalf.
J
NOTARY P
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100