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
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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:
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····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.
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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
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