Recorded Site Plan Agreement
,.
f.
Document No. OFFICE OF THE
A 4022 62 COUNTY RECORDER
¡IIIIIIIIIIII :R~E~g~:::N~:::A
Certified Recorded on 11-2!1-2004 at 11:30 Z 0 PM
III II 1'0")'111111
"~----~--..--
CITY OF CHANHASSEN
SITE PLAN PERMIT #2004-25
CENTURY PLAZA BUll.DING "c"
SPECIAL PROVISIONS
AGREEMENT dated August 23, 2004, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Alshouse Properties, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of a 15,000 sqúare-foot multi-tenant building (referred to in this
Permit as the "project"). The land is legally described as Lot 1, Block 4, Vasserman Ridge.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit and furnishes the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A:
Plan B:
Plan C:
Plan D:
Plan E:
Century Plaza Lot "c" Cover Sheet, dated received July 2, 2004, prepared by
DSGW Architects.
Landscape Plan dated received July 2, 2004, prepared by DSGW Architects.
Site Plan, dated received July 2, 2004, prepared by DSGW Architects.
Floor Plan & Building Section, dated received July 2, 2004, prepared by DSGW
Architects.
Exterior Elevations, dated received July 2, 2004, prepared by DSGW Architects.
1
fi
·
Plan F:
Plan G:
Plan H:
Plan I:
Plan J:
Plan K:
Plan L:
Plan M:
Topgraphic Survey, dated Received July 2, 2004, prepared by BKBM Engineers.
Grading, Drainage and Erosion Control Plan, dated Received July 2, 2004, prepared
by BKBM Engineers.
Utility Plan dated Received July 2, 2004, prepared by BKBM Engineers.
Geometric Plan and Paving Plan dated Received July 2, 2004, prepared by BKBM
Engineers.
Civil Details dated Received July 2, 2004, prepared by BKBM Engineers.
Civil Details dated Received July 2, 2004, prepared by BKBM Engineers.
Civil Details dated Received July 2, 2004, prepared by BKBM Engineers.
Storm Water Pllution Prevention Plan dated Received July 2,2004, prepared by
BKBM Engineers.
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 $ 36,300 (Landscaping and Erosion Control). This amount has been calculated at
a rate of 110% of the actual value of improvement and has been furnished with the Development
Contract.
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:
Craig Alshouse
Alshouse Properties, LLC
1300 Willow brook Drive
Wayzata, MN 55391
(763) 473-6414
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:
2
·
Chanhassen City Hall, 7700 Market Boulevard, P.O. Böx 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. On August 23,2004, the City Council adopted the following
motions: ''The City Council approves site plan review (2004-25 SPR) for the construction of a
multi-tenant building, Century Plaza Building "C", as shown in plans received July 2,2004, and
revised landscape plans dated received August 12, 2004, with the following conditions:
a. All roof top equipment shall be screened.
b. The trash enclosure shall be built with the same type of materials used on the buildings.
c. The applicant shall enter into a site plan agreement with the city and provide the necessary
financial securities.
d. Any off-site grading will require easements from the appropriate property owner.
e. Installation of the private utilities for the site will require permits and inspections through the
City's Building Department.
f. Add the following City detail plates to the plans: 3101,3104,5201,5214,5232 and 5234.
g. On the Grading Plan:
1. Show all storm sewer rims and invert elevations.
2. Revise the PES invert elevation to match the pond NWL.
3. Show the existing topography of the site along the east side, including the existing pond
and the pond NWL and HWL.
4. Show the retaining wall top and bottom elevations.
h. The retaining wall must be designed by a registered structural engineer and a permit from the
Building Department must be obtained for its construction. An approved safety fence will
also be required along the top of the wall.
1. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining
stormwater toward the building.
J. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk
hookup charge is $1,458 for sanitary sewer and $2,814 for water-main. Sanitary sewer and
water-main hookup fees may be specially assessed against the parcel at the time of building
permit issuance and are based on the number of SAC units for the new building addition.
k. Revise the grading in the southwesterly corner of the site to show the correct 980 contour
line.
3
I. Revise the width of the parking stalls to 9-feet wide, as per City Code.
m. On the utility plan:
1. Show the existing and the proposed sanitary manholes rim and invert elevations.
n. A 15-foot wide clear zone must be maintained in back of the curb along West 78th Street.
o. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the
intersection.
p. Fire Marshal Conditions:
1. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1. Copy enclosed.
2. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division
regarding maximum allowable size of domestic water on a combination water/sprinkler
supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy
#36-1991. Copy enclosed.
3. The builder must comply with water service installation policy for commercial and
industrial buildings. Pursuant to Inspection Division Water Service Installation Policy
#34-1993. Copy enclosed.
4. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division
regarding premise identification. Pursuant to Chanhassen Fire Department/Fire
Prevention Division Policy #29-1992.
5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division
regarding notes to be included on all site plans. Pursuant to Chanhassen Fire
Department/Fire Prevention Division Policy #4-1991. Copy enclosed.
6. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one
on the north end of the building is to be moved northwest to the parking lot island and
hydrant number two shown on the west side of the building can be eliminated and
relocated on the island across from the main door. Contact the Chanhassen Fire Marshal
for exact relocation.
q. Building Official conditions:
1. The building is required to be protected by automatic fire extinguishing systems.
2. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
3. Retaining walls over 4 feet high require a building permit and the plans must be
prepared by a licensed professional engineer.
4
.~
4. Detailed occupancy related requirements cannot be reviewed until complete 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.
r. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback
along the northeast corner.
s. 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
10:1 to 3:1
Flatter than 10: 1
7 days
14 days
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.
t. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
u. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Department of
Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval.
v. The monument sign facing West 78th Street shall be removed.
w. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign
plan incorporating the method of lighting, acceptable to staff should be provided prior to
requesting a sign permit."
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
5
CITY OF CHANHASSEN
BY:
(SEAL)
AND:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this .ðO"'1tay of ~2004,
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 gI;anted
by it, City ColUlcil. ~ ~
AAA¡'Vu~JAJ! AJ\.It!.~iJ\I\.\iV\AAJ,,> ~u
< . , KAREN ,I ENGELHARDT ~ TAR UBLIC
~ Notary Public - Minnesota ~
My CommISsion Expires 1/3112005»
VVVVVVVVVVVVVVVVV
DEVELOPER: Ats.hou.se. ~~( ·\"'(.e~ ,l.L.<-
BY:.~
Its a;-:i!..~d<L--
STATE OF MINNESOTA )
C (ss
COUNTY OF AR-'-JER-)
The foregoing instrument was acknowledged before me this I z.:4V\iay of ~ r
2004 by CY<1.j ~ Is ncu '>.lJ
)
~
6
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 ofthe subject property owned by them.
Dated this ri day of s.-¡I
,2004
BY:~~
Its IW--..- n 11-1'~
(J f
STATE OF MINNESOTA )
~(Ss
COUNTY OF l n)
The foregoing instrument was acknowledged before me this ~day of ~~
2004 by
ERIN E. BYBOTH
NOTARY PUBLIC· MINNESOTA
t.tt Convn. Exp. Jan. 31, 21108
~
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
7
CITY OF CHANHASSEN
SITE PLAN PERMIT
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: I) 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, 3) the site
plan has been recorded with the County Recorder's Office 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 G, 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
8
·
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 maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable 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 payor 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.
9
"
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 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. 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 Contract.
10
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments
or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. Recording. This Permit shall run with the land and may be recorded against the title
to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, available to City, at law or in equity, or under any
other agreement, and each and every 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.
1. Construction Hours. The normal construction hours under this contract 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.
II
t.
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:
I. 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
12
\1.
·
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.
g:\plan\2004 planning cases\04-25 - century plaza lot c\site plan agreement.doc
13
~