Site Plan Agreement 2001-05CITY OF CHANHASSEN
SITE PLAN PERMIT 2001-5
SPECIAL PROVISIONS
AGREEMENT dated May 24, 2002, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and DayCo Concrete Company, Inc. (the
"Developer")
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 25,139 sq. ft. office/warehouse building (Phase 1) of a corporate headquarters site
(referred to in this Permit as the "project'). The land is legally described as Lot 2, Block 1,
Chanhassen Business Center 3rd Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit 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—Site Plan dated April 12, 2002, prepared by Lampert Architects
Plan B—Grading, Drainage, and Utility Plan dated April 29, 2002, by prepared Weststwood
Professional Services, Inc.
Plan C—Landscaping Plan dated April 29, 2002, prepared by All Seasons Landscape
4. Time of Performance. The Developer shall install all required screening and
landscaping by December 1, 2002. 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 Permit, the Developer
shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of
$5,000.00 ($2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). 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
ensure the installation of said landscaping.
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: Mr. David Brockpahler
LDW Properties
1340 Park Road
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 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.
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7. Other Special Conditions. Approved Site Plan # 2001-5 as shown on the plans
dated May 2, 2001 and subject to the following conditions:
a. A separate sign permit application is required for the installation of signage. Wall
signage is permitted on only one elevation.
b. The retaining wall shall be located outside the Bluff Creek Overlay District Primary
Zone.
c. A minimum 25 foot building setback shall be maintained from the Bluff Creek
Overlay District Primary Zone.
d. The applicant shall increase understory plantings along the north property line by
4 trees for a total of 20 and increase the number of understory plantings along the
west property line by 1 tree for a total of 13 trees.
e. A revised landscape plan that meets minimum requirements be submitted to the
city prior to building permit approval. The applicant shall work with staff to
increase plantings along the south property line. Transferring from the east and
north is acceptable.
f. If these landscape peninsulas are less than 10 feet in width, then aeration tubing
shall be installed.
g. All new landscaped areas shall have an irrigation system installed.
h. The developer shall work with staff to provide additional articulation to the north
half of the eastern building elevation. Tall arborvitae or evergreen landscaping is
an acceptable solution.
i. The applicant shall provide storm water calculations to demonstrate that the
existing pond has adequate capacity to accommodate storm water from this site.
j. The developer shall revise the storm sewer design to tie into the existing storm
manhole and pond inlet of the existing 48 -inch storm sewer that runs along the
eastern property line in order to minimize the number of pipes draining into the
storm water pond.
k. Park fees in the amount of $18,926.00 shall be paid at the time of building permit
approval.
1. The applicant shall report to the City Engineer the location of any drain tiles found
during construction and shall relocate or abandon the drain tile as directed by the
City Engineer.
m. The applicant shall provide detailed storm sewer sizing calculations for a 10 -year,
24-hour storm event prior to building permit approval.
n. Silt fence adjacent to the existing pond and wetland on the north and west sides of
the site must be Type 3 heavy-duty.
o. Specify what kind of material is being used at the north and south parts of the
proposed building.
p. On the grading plan, add City Detail Plate Nos. 5215 and 5302. Also, show the
benchmark used for the site survey.
q. Revise the rock construction entrance to be 75 feet in length as per City detail
plate #5301.
r. Add a 6 -foot wide sidewalk along the west side of the drive entrance from the cul-
de-sac. Bituminous is acceptable until phase 11 is completed. The applicant shall
escrow funds to install a 6 foot sidewalk along the west side of the driveway
entrance from the cul-de-sac to be built within two years.
s. Show the most current version of City Detail Plate Nos. 1004 and 5207 on the
utility plan.
t. Remove the northerly 35 feet of the proposed retaining wall from the public
drainage and utility easement.
u. Add straw bale inlet filters around the two existing catch basins in Lake Drive
West.
v. Utilize the existing 8 -inch sanitary stub on the south side of the site.
w. Temporary bituminous curb is acceptable for two years. The applicant shall
escrow funds to install curb and gutter around the entire parking and drive area for
the site within two years from the building permit approval.
x. Replace the casting on the western -most catch basin in Lake Drive West with a
drive -over type grate.
y. Revise the plans to show the following:
a. The existing pond along with the NWL and HWL.
b. Existing street light locations in Lake Drive West.
z. The building is required to have an automatic fire extinguishing system.
aa. The building plans must be prepared and signed by design professionals licensed
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in the State of Minnesota.
bb. Three (3) accessible parking spaces are required for the 62 spaces provided.
cc. Detailed occupancy retailed requirements will not be reviewed until complete
plans are submitted.
dd. Utility Plan: The HDPE pipe specified for the storm sewer requires an air test and
must have watertight fittings. The sanitary sewer service into the building must
be schedule 40 pipe.
ee. The owner and or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
ff. The 6 -inch water service coming into the building will need a post indicator valve.
1999 NFPA 13 Section 5-14.1.1.8.
gg. In accordance with city policy please ensure that there is a 10 -foot clear space
around all fire hydrants, Siamese connection, post indicator valves, etc. on site.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
(SEAL)
CITY OF CHANHASSEN
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C. J
Gerhardt, Acting City Manager
DEVELOPER:
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STATE OF MINNESOTA
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COUNTY OF CARVER
The foregoing instrument was acknowledged before me this;T�hay of
2002, by Linda C. Jansen, 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.
STATE OF MINNESOTA
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COUNTY OF( �!' �/ )
NOVRY PUBLIC
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KAREN J. ENGEIHARDT
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My Commission Expires 1/310005
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The foregoing instrument was acknowledged before me thisAl/-'�?day of G
2002 by le le C%74i '2 //,Gy
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;'• CARLA MARIE BROCKPAHLER
+. NOTARY PUBLIC—MINNESGTA
My Commission ExDiros 1.37.2005
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
NOTARY PUBLIC
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.
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Dated this M day of l` 2002
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STATE OF MINNESOTA
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COUNTY OF( ��. rif,vJ )
The foregoing instrument was acknowledged before me thiseday of
2002, by c
• CARLAMARIEBROCKPAILER
NOTARY PUBLIC — MINNESOTA
My Commission Expires 1-31-2005
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DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
NOTARY PUBLIC
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SITE PLAN PERMIT
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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.
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
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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 materials that have blown, 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 from a bank or cash escrow with the City to secure the
warranties at the time of final acceptance.
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
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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, i cluding engineering and attorneys' fees.
C. The Develop shall pay in full all bills submitted to it by the City for obligations
incurred under this Pen -nit 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 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 Postmasters request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
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D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severahilit . 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. Occupanc . 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/Amenrim nts. 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. Recce. 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 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.
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J. Construction Hours. The normal construction hours and maintenance of equipment
under this contract shall be from 7:00 a.m. to 6:00 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 System,. (Not applicable.) 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 Regulation,. 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
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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.
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