Site Plan Agreement RecordedCAMPBELL KNUTSON
CITYOFCHANHASSEN
RECEIVED
September 19, 2014 SEP 2 3 2014
CHANHAMFlAWMoEn
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Chanhassen — Miscellaneous Recording
Dear Kim:
Enclosed herewith for your file is the original, recorded Site Plan Agreement
2014 -15 between the City and Spaude Holdings LLC. Please note that this Site Plan
Agreement was recorded with the Registrar of Titles on July 28, 2014, as Document
No. T192797.
If you have any questions regarding the above, please give me a call.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Carole J. Hoeft
cjh Legal Assistant
Enclosure
1756920
Document No. OFFICE OF THE
T A A��p� REGISTRAR OF TITLES
1 7 7 CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on July 28, 2014 1:10 PM
192797 Cert. # 36040 Fee: $46.00
Mark Lundgren
IIIIIIIII�II IIII III Registrar of Titles
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2014 -15
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement') dated May 27, 2014, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and SPAUDE
HOLDINGS LLC, a Limited Liability Company under the laws of the State of Minnesota (the
'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for construction of a 3,000 square -foot daycare expansion (Next Steps Learning Center),
Planning Case 2014 -15 (referred to in this Site Plan Agreement as the "Project'). The land is legally
described on Exhibit A attached hereto.
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. 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: (1 of 1) Pre Development Drainage Areas dated Received April 18, 2014, prepared by Kallio
Engineering.
Plan B: (1 of 1) Post Development Drainage Areas dated Received April 18, 2014, prepared by Kallio
Engineering.
Plan C: Existing Conditions Exterior Elevations dated Received April 18, 2014, prepared by Premier
Land Surveying Inc.
Plan D: (Al) Site Plan dated Received dated Received April 18, 2014, prepared by Haugen
Architecture, Inc,
Plan E: (Al) Site Plan dated Received dated Received April 18, 2014, prepared by Haugen
Architecture, Inc.
SP -1
Plan F: (A2) Floor dated Received dated Received April 18, 2014, prepared by Haugen Architecture,
Inc.
Plan G: (A3) Exterior Elevations dated Received dated Received April 18, 2014, prepared by Haugen
Architecture, Inc.
Plan H: (1 of 3) Parking Lot and Grading Plans dated Received April 18, 2014, prepared by Kallio
Engineering.
Plan I: (2 of 3) Details Plans dated Received April 18, 2014, prepared by Kallio Engineering.
Plan J: (3 of 3) Tree Preservation dated Received April 18, 2014, prepared by Kallio Engineering.
Plan K: Lighting Plan dated Received April 18, 2014, prepared by RAB Lighting.
Plan L: Lighting Plan dated Received April 18, 2014, prepared by RAB Lighting.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2015. 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 Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
( "security") in the amount of $38,104.00. This amount has been calculated at a rate of 110% of the
actual value of improvement (landscaping ($1,550, grading $29,440, erosion control $5,200, etc.).
The City will release the security posted 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:
Spaude Holdings, LLC
1430 Park Court
Chanhassen, MN 55317
Mr. Jeremy Spaude
Phone: 612 -501 -1493
Jeremy- nslc@yahoo.com
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.
SP -2
7. Other Special Conditions. On May 27, 2014, the Chanhassen City Council
adopted the following motion:
"The City Council approves the site plan for the construction of a 3,000 square -foot daycare
addition as shown in plans dated received April 18, 2014, subject to the following conditions of
approval and adoption of the attached Findings of Fact and Recommendation:
Environmental Resources Conditions
1. The applicant shall install a total of three trees around and /or within the parking lot.
Engineering Conditions
1. The applicant and their engineer shall explore alternate EOF to reduce pooling depth and
area.
2. A soils report indicating soil conditions, permeability and slope is required.
3. The scale on the grading plans must be corrected.
4. The existing and proposed elevations must be shown at the comers of the proposed structure.
5. The plan shall be revised to show locations of proposed stockpile areas.
6. The proposed grades shall be no steeper than 3:1.
7. Staff recommends the use of minimum parking dimensions to reduce hard surface cover and
aid in the stormwater management of the property per City Code §20 -1118.
8. The erosion prevention and sediment control plan must be compliant with Chapter 19 of
Chanhassen City Code.
9. The applicant must procure and comply with all required approvals from applicable
jurisdictional agencies.
10. The rip rap slope must be shown on the plans and erosion prevention and sediment control
practices shall be modified to accommodate this disturbance.
Building Official Conditions
1. The building addition is required to have an automatic fire extinguishing system.
2. All plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Detailed occupancy and building area- related code requirements cannot be reviewed until
further information is provided.
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4. The owner and /or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Planning Conditions
1. All rooftop and ground equipment must be screened from views.
2. Any new signs must comply with the sign ordinance requirements.
3. Light levels for site lighting shall be no more than one -half foot candle at the project
perimeter property line. This does not apply to street lighting. Light fixtures shall be
downcast and the light shall be cut off at a 90- degree angle as required by the city code. All
fixtures shall be shielded."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit 'B" and incorporated herein.
(SEAL)
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
r-7
Thoma Furlyng, Mayor
AND:
Gerhardt, City Manager
The foregoing instrument was acknowledged before me this /a_V�day o ' 2014,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the C of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
K:ota' N J. ENGELHARDT
ry Publicp- Minnesota mia"l E.M bAn*,C3620i6.
SP -4
1 OTARY UBLIC
DEVELOPER: SPAUDE HOLDINGS LLC
BY:
Spaude, Managing Partner
STATE OF MINNESOTA )
ss
COUNTY OF CA2vC Pc-
The foregoing instrument was acknowledged before me this 6&day of I ' I,
2014, by Jeremy Spaude, the Managing Partner of Spaude Holdings LLC, a Limited Liability
Corporation under the laws of the State of Minnesota, on behalf of the company.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
SP -5
NOTAR BLIC
-.g KIM T. MEUWISSEN
Notary Public - Minnesota
My Commission Ezptras Jan 31, 2078
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 gJ`Urj-� 2014
SPAUDE HOLDINGS LLC
By ;�
J remy Spaude, Managing Partner
STATE OF MINNESOTA )
(ss
COUNTY OF 0—ay' _ 1
The foregoing instrument was acknowledged before me this 9rd day of 3U vie,
2014, by :Ye6 M4 tg)a t Cd e, the A-leL 'f�r r of
Spaude Holdings LL t, a United Liability Corporation under the laws of the State of Minnesota.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
SP-6
POT'AR PUBLI
KIM T. MEUWISSEN
Notary Public-WrRsota
�.i.W My C0MM1W nE -1--- 1- 81, a616
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
UI w�iArq 0
which holds a mortgage on the st6ject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this 2 day of _ J yl ✓l G , 2014.
WELLS FAR10� K,
v�V/ l`b Bt
Molly Jeat�ran /p
1 I
STATE OF MINNESOTA )
) ss
COUNTY OF ne i ) 1
The foregoing instrument was: acknowledged before me this 2— day of J h
.A., on
JESSICA R KELLY NOTARY PUBLIC
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01/3112015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen; MN 55317
(952) 227 -11
SP -31
EXHIBIT A
TO
SITE PLAN AGREEMENT 2014 -15
Lot 2, Block 1, ROME PARK, according to the recorded plat thereof, excepting
therefrom the following:
That part of Lot 2, Block 1, ROME PARK, shown as Parcel 220B on Minnesota
Department of Transportation Right of Way Plat Numbered 10 -10, according to the
recorded plat thereof, Carver County, Minnesota.
(Certificate of Title No. 36040.0)
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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: 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 H, 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 -1
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 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 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 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 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 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.
I. 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:
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.
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.
GC -4