Site Plan Agreement RecordedDocument No. OFFICE OF THE
A 594761 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on June 03, 2014 12:48 PM
Fee: $46.00
511161
1111 Ill lilt illll ill Mark County Recorder-
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2014 -07
SPECIAL PROVISIONS
AGREEMENT dated March 24, 2014, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City "), and Taunton Ventures, LP, a Minnesota Limited
Partnership (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 39,240 square -foot office /warehouse building (referred to in this Agreement as the "project ").
The land is legally described as follows:
Those parts of Lots 1 and 2, Block 1, Chanhassen West Business Park, Carver County,
Minnesota, according to the recorded plat thereof which lies southerly of the following described
line: commencing at the southeast corner of said Lot 1; thence North 10 degrees 53 minutes 35
seconds West on an assumed bearing a distance of 142.22 feet along the easterly line of Lot 1 to
the point of beginning of the line to be described; thence South 89 degrees 55 minutes 19
seconds West a distance of 521.05 feet to the westerly line of Lot 2 and said line there
terminating.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Agreement 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 Agreement. If the plans vary from the
written terms of this Agreement, the written terms shall control. The plans are:
Plan A: Site Plan prepared by MFRA, dated 01/31/2014 and revised 02/19/2014.
Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, dated 01/31/2014 and
revised ping 2014.
Plan C: Landscaping Plan prepared by MFRA, dated 01/31/2014 and revised 02/19/2014.
Plan D: Utility Plans prepared by MFRA, dated 01/31/2014 and revised 02/19/2014.
1
M�
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 31, 2014. 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 Agreement, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security") for
$20,000.00 (boulevard restoration, erosion control, landscaping and rain garden). 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:
Mr. Paul Taunton
Taunton Ventures, LP
c/o Business Impact Group
2411 Galpin Court, Suite 120
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 39,240 square -foot
office /warehouse building subject to the following conditions:
a. The developer shall enter into a site plan agreement with the City.
b. The developer shall pay the park fee of $23,121.00 with the building permit.
c. The developer shall install a pedestrian access to the Galpin Boulevard trail.
2
d. The developer shall provide benches and/or picnic tables for employees.
e. The developer shall provide detail of the bioretention areas is provided showing:
1. Any soil amendments and corrections,
2. Pre - treatment practices to be employed and these shall be shown on the plan view
and in the detail sheet (It is highly recommended that something similar to the
Rain Guardian developed by Anoka Conservation District be used.), and
3. Steps that will be taken to prevent compaction and siltation of the area resulting
from construction activities on the site.
f. Hydrologic calculations demonstrating that the features will draw down in 48 hours or
less are provided.
g. Hydrologic and water quality calculations demonstrating the features will treat 1 -inch
water quality volume from impervious areas is provided.
h. An exhibit showing pre- and post - development drainage is provided.
i. Calculations shall be provided demonstrating that no increase in runoff rates will result at
any point leaving the site after build out.
The SWPPP shall be modified such that it is a standalone document which includes all
elements required by the permit. At a minimum this shall include the following elements:
1. A narrative of construction activity per Part IIIA 1.
2. A listing of the chain of responsibility for oversight of SWPPP implementation
per Part IIIA 2.
3. Training documentation for those involved in the design and implementation of
the SWPPP per Part IIIF.
4. Designs and calculations for meeting Stormwater Discharge Requirements
although it is understood that this project was originally permitted under different
rules so design requirements will be to that approval as administered by Carver
County WMO.
5. Estimated preliminary quantities tabulation for al erosion prevention and sediment
control BMPs per Part IIIA 5.
6. Impervious coverage pre - development and post - development per Part IIIA 5.
7. Site map showing soil types per Part IIIA 5.
8. A map of surface waters and wetlands within one -mile of site which will receive
stormwater. The SWPPP must identify if these are special or impaired waters.
Lake Hazeltine receives runoff from the site and is listed as a 303D impaired
water.
9. The SWPPP must indicate who is responsible for the maintenance of the
permanent stormwater management practices on the site and a maintenance plan
to assure performance of the practice as listed in Part IIIA 5 k.
10. The plans must show all elements required under part IV.0 of the permit.
k. The existing Storm Catch Basin identified as ST CB on sheet C5.O1A shall either be
abandoned and have the conveyance eliminated or shall have inlet protection provided
prior to disturbance within the area tributary to the CB. This shall be shown on the plan
sheet and included within the Sequence of Construction.
1. The bioretention area must be designed and constructed following the guidelines set forth
in the on -line Minnesota Stormwater Manual.
m. Because the site connects to city infrastructure, the City and /or their representatives shall
be represented at the pre - construction meeting and shall approve the installation of
BMPs. The Sequence of Construction shall be changed to reflect this.
n. Bioretention areas cannot be brought on -line until all tributary areas are stabilized. The
Sequence of Construction shall reflect this.
o. Inlet protection shall be called out at all curb cut areas and the practice shall be included
in the details. The Sequence of Construction shall reflect this need.
p. The swale areas must be stabilized with ditch checks, erosion control blanket or other
approved best management practice.
q. Silt fence or other acceptable perimeter control practices shall be extended to protect all
down gradient areas including the entire frontage along Galpin Court and shall be shown
on both C5.0 IA and C5.02A.
r. The Sequence of Construction found on Sheet C5.02 A shall have "if required by
contract' removed.
s. On sheet C5.03A, the city does not allow for the use of wooden posts for silt fence. The
silt fence detail must be modified to reflect this.
t. On sheet C5.03A, change Maintenance Note 7 to include compaction and sediment
protection from all construction related activities.
u. The plans must meet all requirements set forth by other agencies with authority over the
site. The applicant is responsible to procure all necessary approvals and permissions.
This includes, among others, the MN Pollution Control Agency and the Carver County
Watershed Management Organization.
v. The developer must submit a soils report to the City.
w. The engineer shall revise the proposed grading plan to show the existing and proposed
elevation at the corners of the proposed building.
x. The plan shall be revised to show locations of proposed stockpile areas.
y. The plan shall be revised to show the top and bottom wall elevations at points along the
wall.
z. The engineer shall show the truck turning movements in the loading area on the plan.
aa. The plan must follow all applicable State and Federal guidelines, including ADA
standards for the sidewalk reconstruction.
bb. Sanitary sewer and water main to be installed for this project shall be privately owned and
maintained.
cc. The applicant shall work with staff to develop a revised landscaping plan, which shall be
submitted for review and approval prior to issuance of a building permit. Additional
landscaping shall be installed along the north property line. Suitable species for the area
next to the building include arborvitae, such as Techny, and columnar trees such as
Apollo or Sugar Cone maple. To block views of the truck loading docks, the applicant
shall install a hedge along the property line north of the loading docks. The shrub
materials selected should provide year round coverage to a mature height of at least 5' —
6'.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF CHANHASSEN
IM
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
r
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me the Co' day of ,
2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, A 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
;Notary Public- Minnesota OTAR PUBLIC
My Commission Expires Jan 31, 2015
MJ -111WIC601
M.
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF f f enrte�✓ % I )
VU6
The foregoing instrument was acknowledged before me this 21 day of
2014, by Prce./ %aor ^7`,yj , the
of Taunton Ventures, LP, a Minnesota Limited Partnership (Developer).
PETER JOSEPH VOS
NOTARY PUBLIC
MINNESOTA
My Co issW Ekoires Jan. 31.2015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
0
TARY PUBLIC
APR 2 2 2014
CITY OF CHANHASSEN
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "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 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 Citys 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
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. Occupancv. 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. Recordin¢. 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
0
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 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 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 famish 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.
E