Loading...
Letter to S. Ruane 3-25-05 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WINI.ci.chanhassen. mn.us "'7 ()5C'()J March 25, 2005 Ms. Sharon Ruane Commercial Partners Title LLC 200 South Sixth Street Suite 1300 Minneapolis, MN 55402 Re: Escrow Instructions - Site Plan 05-03 Walgreens at 79th Street West & Market Blvd. - Chanhassen, MN Dear Ms. Ruane: In connection with the development of the above-referenced property, enclosed please find three (3) original "Site Plan 05-03" executed by the City of Chanhassen. At such time as you have: 1. Obtained counterpart signatures to the document by the applicant, Net Lease Development LLC; and 2. Collected cash funds in the City of Chanhassen, you are and (ii) record Recorder and By your contained herein. Sincerely, - - ,-' "..' - - '- -, -,-- -,- AGREEHANDACCEPTED BY: . ..-... - -- - - - - . - .. - _. _____ .. -n'_ _. .. '.--'___. ',d',"', -, .__ '-.- -',_ - -- - - - -- - - ___._L__'_ ',_ ',--.-_ _.-. c_7..·._--..._...._. -_'_._ _ _.__- .'_'.'. ...'..' "C --.~_- .,_. _. ..........> , '_. 'c .... .. .. . _._.. - :___ -_, _n _' .___," _ J '..:-..' .......-..-:......_---,.,.:.'.,.:-,.-.--.,--..,.....--:.-.-'.....:.-..---'.:.--:'-'-.-.-:'-.-_.-....-:-... "', .-..:'- -"" -', ...--...... .... " '-.' '.-' :>__'-, ..:>;,: ._'~ -... ..'. -,',', -_n'· :"..... .' -..-,_ '::--..- _ ------:-:e>-_-- . ._-- --. -- -". . . ....... ç()JyfNIERCIÂL PARTNERS ì:ttJ:jIt',J-..þ<! ····SharonRuane, Its Escrow Officer g:\plan\2005 planning cases\05-03 walgreens\escrow.âoc The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN SITEPLAN 05-03 SPECIAL PROVISIONS TillS AGREEMENT (this "Site Plan Agreement") dated January 24,2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Net Lease Development LLC, a Delaware limited liability company (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 15,000 square-foot building to house a retail building and pharmacy, with a variance to allow a 70.4% hard surface coverage and reduction in parking (referred to in this Site Plan Agreement as the "Project"). The land is legally described as Lot 1, Block 1, Crossroads Plaza 2nd Addition, accordi!lg to the recorded plat thereof on file in 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, as modified in accordance with applicable provisions of the Other Special Conditions set forth in Section 7 hereof (the "plans"); it being agreed that certain of the pennits required in such Other Special Conditions may not, in fact, be needed. The plans shall not be attached to this Site Plan Agreement. If the plans vary from the written terms of this Site' Plan Agreement, the written terms shall control. The plans are: Plan A: (C1.1) Title Sheet dated December 1, 2004, prepared by CEIEngineering Associates, Inc. Plan B: Certificate of Survey dated December 25, 2004, prepared by Semper Development. Plan C: (C1.3) Demolition Plan dated December 1,2004, prepared by CEI Engineering Associates, Inc. Plan D: (Cl.4) Site Plan, dated December 1, 2004, prepared by CEI Engineering Associates, Inc. Plan E: (C1.5) GradinglErosion Plan, dated December 1,2004, prepared byCEI Engineering Associates, Inc. Plan F: (C1.6) Utility Plan, dated December 1,2004, prepared by CEI Engineering Associates, Inc. SP-1 Plan G: (C1.7) Landscaping Plan dated December 1, 2004, prepared by CEI Engineering Associates, Inc. Plan H: (CL8) Detail Sheet dated December 1, 2004, prepared by CEI Engineering Associates, Inc. Plan I: (C1.9) Detail Sheet dated December!, 2004, prepared by CEI Engineering Associates, Inc. Plan J: (C1.lO) Lighting Plan dated December 1, 2004, prepared by Konnerth Sales Associates. Plan K: (C1.11) Exterior Elevations dated December 1, 2004, prepared by CEI Engineering Associates, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2006. 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 tenns of this Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $164,120.00 (Grading $25,000.00, Erosion Control $3,000, Curb & Gutter $14,800.00, Utilities $31,600.00, Asphalt Paving $43,000.00, Landscaping $31,800.00). This amount has been calculated at a rate of 110% of the actual value of improvement. The City will release the security posted for each of the items 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: Ms. Allison F. Kern, Its Vice Manager Net Lease Development LLC 50 South 6th Street Suite 1480 Minneapolis, MN 55402 Telephone: (612) 313-2500 (612) 313-0126 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 January 24, 2005, the City Council adopted the following motions: ''The City Council approves Site Plan 05-03 for a 15,000 square-foot building to house a retail building and pharmacy, with a variance to allow a 70A% hard surface coverage and reduction in parking, based on the findings of the staff report, and as shown on the plans dated received December 3,2004, subject to the following conditions: SP-2 A. Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to final approval. B. Landscape islands shall have a minimum inside width of 10 feet. C. Add the latesíCity standard detail plate Nos. 5207, 5300, and 5301. D. On the utility plan: Revise the proposed inverts for catch basin No.1 to 949.25 and 949.19, respectively. Label the existing water stub to the site off Market Boulevard as 8" DIP. E. On the grading plan: Add a benchmark. Show the proposed storm sewer. Increase the rock construction entrances to a minimum of 75-feet in length. Show the parking lot stan locations and striping. Show the missing 954 contour elevation along the north side of the property. F. Installation of the private utilities forthe site will require permits and inspections through the City's Building Department. G. The applicant must show the location/elevation of an emergency overflow point for catch basin No.2 that is 1.5-feet lower than the proposed building elevation. H. Storm sewer sizing calculations will be required at the time of building permit application. The proposed storm sewer must be sized for a lO-year storm event. 1. Sanitary sewer and water hookup charges will be applicable for the new building. The 2005 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,955 per unit for watermain. The 2005 SAC charge is $1,525 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. Since there is an existing building, only hook-up charges for the additional SAC units will be charged. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. J. 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. K. Permits from the MPCA, Watershed District and Railroad will be required for the site grading. L. All drive aisle widths within the parkinglot must be 26-feet wide per City Code and the existing driveway aprons must be upgraded to current City standards per Detail Plate No. 5207. SP-3 M. The existing assessment for the recent 2004 Street Overlay Project, totaling $11,436.83 plus interest, must be paid prior to building permit issuance. N. The proposed development shall maintain existing runoff rates and meet NURP water quality standards. O. 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 Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 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 manmade systems that discharge to a surface water. P. Street Gleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. Q. Fire Marshal Conditions: A lO-foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees, shrubs, bushes, Xcel 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). Indicate on utility plans the location of PN (post indicator valve). Fire Marshal must review and approve. R. Building Official Conditions: The building is required to be protected by automatic fire extinguishing systems. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. A demolition permit must be obtained prior to beginning demolition activities on the site. The site must be protected with an,8 foot high fence during demolition and construction activities. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. The owner and/or theìr representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. SPA S. All rooftop equipment shall be screened. T. The applicant shall enter into a site plan agreement with the city and provide the necessary , financial securities. U. 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. . V. The Planning Commission recommends the withdrawal of approval of Site Plan 92-1 for the Americana Community Bank building, concurrently with the approval of Planning Case 05-3. The applicant shall file the notice of withdrawal against the property at Carver County. W. Allow additional hard surface variance coverage for an additional bench on the southwest comer." 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit "B" and incorporated herein. 9. Withdrawal of Prior Site Plan Review. In compliance with the City Council's Other Special Condition set forth in Section 7 (W) hereof, the City hereby withdraws and terminates that certain City of Chanhassen Site Plan Review dated March 9, 1992, filed June 22, 1992, as Document No. 136673 (Abstract) and as Document No. 73237 (Torrens). SP-5 CITY OF CHANHASSEN AND: (SEAL) STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) , The foregoing instrument was acknowledged before me this.i1lhday of~ ,2005, 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 KAREN J. ENGELHARDT I Notary Public-Minnesota My CommIsSIon expires Jan 31. 201 0 ~ DEVELOPER: NET LEASE DEVELOPMENT LLC BY: Allison F. Kern, Its Vice Manager STATE OF MINNESOTA ) ( ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of 2005 by Allison F. Kern, the Vice Manager of Net Lease Development LLC, a Delaware limited liability company, on behalf of the limited liability company._ NOTARY PUBUC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227 -1100 SP-6 CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT liB" 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 E, 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-l · ' 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 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. 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 costin 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 Pennit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Site Plan Agreement. GC-2 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 SQ 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. GC-3 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. g:\plan\2005 planning cases\05-03 walgreens\site plan agreement.doc GC-4