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Recording Transmittal 10-24-2014CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227 -1100 FAX (952) 227 -1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 10/24/14 2014 -24 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 2 ❑ For your use Villages on the Ponds 10th Addition Plat M tars 1 9/8/14 ❑ Certified Resolution 2014 -59A 1 9/8/14 ❑ Return corrected prints Site Plan Agreement - The Village Shoppes of Chanhassen For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS The title company would like to pick up and record these documents. Contact Ashley M. Kemplin -Gamm at Commercial Partners Title, LLC at 612 - 337 -2481 as soon as you have finished your review. Just a reminder, Bob Generous previously emailed the title work to you. COPY TO: Commercial Partners Title, LLC Steve Johnson, Chanhassen Retail, LLC L M 227 -1107 If enclosures are not as noted, kindly notify us at once. CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, duly appointed and acting City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2014 -59A, "A Resolution Approving Preliminary and Final Plat for Lots 1 and 2, Block 1, Villages on the Ponds Tenth Addition" dated September 8, 2014 with the original copy on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 23rd day of October, 2014. Kar J. Eng . ha dt, Depi Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 8, 2014 RESOLUTION NO: 2014 -59A MOTION BY: Ernst SECONDED BY: Laufenburger A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT FOR LOTS 1 AND 2, BLOCK 1, VILLAGES ON THE PONDS TENTH ADDITION WHEREAS, Solomon Real Estate Group and VOP I, LLC have requested preliminary and final plat approval creating two lots of 20,142 square feet and 61,057 square feet, Lots 1 and 2, Block 1, Villages on the Ponds Tenth Addition, respectively; and WHEREAS, the property was previously subdivided in October 28, 2002 as Lots 1 and 2, Block 1, Villages on the Ponds 8s' Addition; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat for Villages on the Ponds Tenth Addition subject to the following condition: 1. Before the final plat is recorded the $45 GIS fee must be paid. Passed and adopted by the Chanhassen City Council this 86' day September of 2014. ATT , d Gerhardt, City Manager YES NO Furlong None Ernst Laufenburger McDonald Tjornhom Tom Furlong, Mayor ABSENT None CITY OF CHANHASSEN SITE PLAN AGREEMENT # 2014 -24 THE VILLAGE SHOPPES OF CHANHASSEN SPECIAL PROVISIONS AGREEMENT dated September 8, 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and Chanhassen Retail, LLC, (the 'Developer "). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a one - story, two- building, 13,654 square-foot retail center (referred to in this Agreement as the "project "). The land is legally described as Lot 2, Block 1, Villages on the Ponds Tenth Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters 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 Contract. 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 Westwood Professional Services, Inc., dated 07/24/14. Plan B: Grading, Drainage and Erosion Control Plan prepared by Westwood Professional Services, Inc., dated 07/24/14. Plan C: Landscaping Plan prepared by Westwood Professional Services, Inc., dated 08/04/14. Plan D: Utility Plan prepared by Westwood Professional Services, Inc., dated 07/24/14. Plan E: Photometric Plan prepared by On -Site Lighting & Survey, LLC dated 07/22/2014. Plan F: Preliminary Building Elevations prepared by AMCON dated July 18, 2014. Plan G: Floor Plan prepared by AMCON dated July 18, 2014. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 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 Agreement, the Developer shall fiunish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security") in the amount of $126,500.00 for boulevard restoration, erosion control, landscaping and utility installation. If the Developer initiates but does not complete the site improvements guaranteed by this security, then the city shall use the security to complete the improvement or restore the site to pre- development condition. If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the city shall retain the 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. Steve Johnson Chanhassen Retail, LLC 1508 Welland Avenue Minnetonka, MN 55305 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 one - story, two - building, 13,654 square -foot retail center subject to the following conditions: Building a. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. b. The building(s) are required to have automatic fire extinguishing systems. Water supply for the fire suppression system must comply with NFPA 13 (specifically, see restriction/requirements for pipes under buildings). c. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. d. Structure proximity to property lines and other buildings will have an impact on the code requirements for the proposed buildings, including but not limited to, allowable size, protected openings and fire- resistive construction. These requirements will be addressed when complete building and site plans are submitted. e. Detailed occupancy - related requirements will be addressed when complete building plans are submitted. i The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss building proximity issues as well as plan review and permit procedures En ing eering a. The applicant must obtain the necessary agreement for the shared access between Lots 1 and 2, Block 1, Villages on the Pond Tenth Addition. b. Some of the sidewalk adjacent to the site is damaged and shall be replaced with the site improvements. c. The proposed 8" ductile iron watermain on the east side of the building shall be privately owned and maintained. d. The developer shall work with the small utility companies to ensure that any conflicts are resolved. e. The grading plan must be revised to include proposed spot elevations on the patio on the northeast corner of the building on Lot 1 and the green area on the west side of Lot 2. Fire Marshal a. "No Parking Fire Lane" signs and yellow painted curb will be required. The builder shall contact the Chanhassen Fire Marshal for specific areas. b. There are specific codes relating to the installation of underground water mains under buildings. The builder will need to submit specific plans to the Chanhassen Building Department and Fire Department for review and approval. c. A three -foot clear space must be maintained around fire hydrants. Planning a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The developer shall provide the city with an acknowledgement from Community Bank waiving their right to access for their underground garage area. c. The material for the trash enclosure should reflect the building design and building materials. The trash enclosure shall be shifted to the north with the gates facing north. d. The building elevation must be revised to reduce the amount of E.I.F.S. to 15 percent. e. Sloped roof elements shall be a minimum 70 percent of roof area. Revise the building elevations to incorporate additional sloped roof features. f. The developer should verify the placement of the light poles along Main Street to allow pedestrian passage. g. Additional benches should be provided as well as a bike rack. h. The applicant shall revise the landscape plan to show the treed parking lot island with a minimum inner width of 10 feet. Water Resources a. Prior to issuing a building permit, the hydrologic model shall be amended to include hydrologic soils group B unless adequate evidence can be provided showing that the USDA soil survey information is incorrect. b. An operations and maintenance manual, stating anticipated inspections and maintenance and including the responsible parry, the schedule of these activities and the methodology of reporting to the city, shall be prepared and submitted to the city for review and approval prior to issuing a building permit. c. The applicant shall discuss potential opportunities for infiltration or volume reduction and incorporate where practicable to do so or provide reasons deemed satisfactory to city staff why these practices are not being proposed. d. A detail sheet showing all proposed erosion prevention and sediment control best management practices shall be included with the final plan set. e. Inlet protection on all existing catch basins downstream of the disturbance area and adjacent to traffic routing. This includes the catch basin which the system is intended to tie into as well as the four (4) catch basins near the entrance. f. All turf areas shall have a minimum of 6 inches of topsoil placed prior to seeding or sodding. 8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A" and incorporated herein. 4 CITY OF CHANHASSEN BY: J� /���k Thomas A. Furlong, Mayor STATE OF MINNESOTA ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this oq,;U day of 2014, by Thomas A. 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 TAR LIC ., Notary Public-Minnesota My Commission Explras Jan 31, 2015 CHANHASSEN RETAIL, LLC BY:. Its STATE OF MINNESOTA ) ( ss. COUNTY OF GAD The foregoing instrument was acknowledged before me this / tl day of l 2014, by S�f y e �" vy�-D r-i , the V i C Q- E' Si cL ;-o— of Chanhassen Retail, LLC. TAWNYA L. RIGGS NOTARY PUBLIC- MINNESOTA :3 9y My Commission Expires N TARY PUBLIC ' January 31, 2015 DRAFTED BY: . �.' ' City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 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 CoutroL 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 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 a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 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 Agreement, 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 Agreement 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 Agreement. D. Breach of Contract. Breach of the terms of this Agreement 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 Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occunancv. 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 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 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. tions. 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 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 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. 8 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT COMMUNITY BANK CORPORATION, a Minnesota banking corporation, which holds a mortgage on the subject 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 day of October, 2014. COMMUNITY BANK CORPORATION, a Minnesota banking corp717 9. / Its: 1A-,1-' L G7 STATE OF MINNESOTA COUNTYOF CnrJ(�-r The foregoing instrument was acknowledged before me this lt4' day of October, 2014, by Gl_ C-y 6e(1 , as I r E U of Community Bank Corporation, a Minnesota banking corporation.