Site Plan Agreement RECORDEDLI
t61-452-5550
CAMPBELL KNUTSON
March 19, 2015
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Chanhassen — Miscellaneous Recording
Dear Kim:
Pursuant to your letter of January 5, 2015, enclosed herewith is the original
recorded Site Plan Agreement #2014-31. Please note that this Site Plan Agreement
was recorded with the Carver County Recorder on January 14, 2015, as Document
No. A604538.
If you have any questions regarding the above, please give me a call.
cjh
Enclosure
178739v1
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
Carole J. Hoeft
Legal Assistant
Document No. OFFICE OF THE
A 604538 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 14, 2015 2:15 PM
Fee: $46.00
Mark Lundgren
County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT # 2014-31
TWIN CITIES SELF STORAGE
SPECIAL PROVISIONS
AGREEMENT dated November 10, 2014, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Twin Cities Self Storage Chaska, LLC, a
limited liability company (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for five additional, one-story, 14,250 square -foot storage buildings (referred to in this Agreement
as the "project"). The land is legally described as shown on Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this 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 Agreement, the written terms shall control. The plans are:
Plan A: Site Plan prepared by Carlson McCain, dated 9/5/14.
Plan B: Grading, Drainage and Erosion Control Plans prepared by Carlson McCain, dated 9/5/14.
Plan C: Landscaping Plan prepared by Carlson McCain, dated 9/5/14.
4. Time of Performance. The Developer shall install all required screening and landscaping
by September 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
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$25,000.00 (drainage, erosion control and landscaping). 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.
PROCEDURES FOR
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. Bruce Lamo
Twin Cities Self Storage
1900 Stoughton Avenue
Chaska, MN 55318
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 approved a site plan for five additional 14,250
square -foot storage buildings subject to the following conditions:
Building:
a. The buildings are required to have automatic fire extinguishing systems.
b. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
c. Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
d. Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
Engineerin¢:
a. The applicant must provide adequate evidence that there is no area on the subject property
suitable for infiltration. The discussion must include the practicality of altering the site
layout.
b. The hydrologic modeling must be completed with accepted literature values for the soil type
present or the applicant must provide evidence that the infiltration rates are equal to the 3.97
inches per hour assumed for the model. The applicant must provide water quality modeling,
2
acceptable under Section 19-144(a)(1)c. of Chanhassen City Code, showing that the water
quality treatment conditions are met for the required water quality volume from all new
impervious surfaces.
c. A comprehensive, standalone SWPPP document with all elements required by Part III of the
NPDES construction permit, the provided checklist and Section 19-145 of city code shall be
prepared and submitted to the City for review and comment before any earth -disturbing
activities, including but not limited to removal of any existing surfaces or structures, and
removal of vegetation will be allowed or any grading permit will be issued.
d. The conveyance must be stabilized along the entire length and energy dissipation and
erosion prevention practices must be designed and implemented to protect the infiltration
basin from unnecessary sediment deposition.
e. The applicant shall include a materials list and engineers opinion of cost for all items
necessary to meet the SWPPP requirements for erosion prevention and sediment control
including the materials necessary for six (6) inches of topsoil and final stabilization. This
amount shall be collected as escrow for erosion control.
f. The applicant shall prepare an operations and maintenance manual for the channel.
g. Assurances shall be provided for the conveyance channel consistent with the MS4 permit
requirements for systems not owned and maintained by the MS4 permittee. Specifically:
1) It must allow for the city to conduct inspections, perform maintenance and assess
costs when the permittee determines that the owner and/or operator of the structural
stormwater BMP has not conducted maintenance.
2) It must include conditions that are designed to preserve the permittee's right to
ensure maintenance responsibility ... when those responsibilities are legally
transferred to another party.
3) It must include conditions that are designed to protect/preserve structural stormwater
BMPs and site features that are implemented to comply with Part III.D.5.a(2). If site
configurations or structural stormwater BMPs change, causing decreased structural
stormwater BMP effectiveness, new or improved structural stormwater BMPs must
be implemented to ensure the conditions for post -construction stormwater
management in Part III.D.5.a(2) continue to be met
h. The applicant must procure and comply with the requirements of all other jurisdictional
agencies with authority over the project area.
i. The plan shall be redrawn to 50 -scale or larger, and must show the location of the
benchmark used in the survey.
j. The first floor elevation and comer elevations of the nearby buildings must be labeled to
confirm that the grading will allow water to flow away from all structures onsite.
k. The pond's Emergency Overflow Elevation and location must be shown on the plans.
1. Due to the location of the open channel drainage, the developer's engineer shall submit
phased grading and erosion control plans. The plan phasing shall illustrate the erosion
control that will be in place as the different buildings are constructed in Phase 1 through
Phase 4.
m. The plan sheets must identify any proposed stockpile locations and the erosion control
measures to contain them.
n. The aisles around the perimeter of the buildings must meet a minimum of width of 30 feet
to allow 8-foot parking on one side and a 22-foot driving aisle.
o. The corners of the parking lot shall be modified to provide adequate aisle width.
Environmental Resources S ecn ialist:
a. The applicant shall provide landscape buffers to the north of buildings P2, P3 and P4 and
the west of P3. The required number of trees for the vehicular use area shall be
incorporated into the buffer landscaping.
b. The applicant shall submit a revised landscape plan showing the additional buffers as well
as an alternate selection to blue spruce.
Fire:
a. The new buildings will be required to have an approved fire sprinkler suppression system
installed. Plans shall be drawn by a sprinkler design professional and submitted to
Chanhassen Fire Marshal for review and approval.
b. Twelve-inch building address numbers must be installed on each end of the building.
Numbers must be of contrasting color. Contact Fire Marshal for additional information.
c. "No Parking Fire Lane" signs will be required. Contact Fire Marshal for specific areas to be
signed.
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 applicant shall create a zoning lot and recombine the two properties as one parcel.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
CITY OF CHANHASSEN
BY
Thomas A.
Furlong,
or
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thi� day of a, 20A
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.
Wy
7commisslon
. MEUWISSEN
Public-M(nnesota
Expires Jan 31, 2015
STATE OF MINNESOTA )
( ss.
COUNTY OF )
1lIY\ J�
NOTAR IC
DEVELOPER: Twin Cities Self Storage Chaska, LLC
BY:
Its Oc.-� u , i—
The �fore�n-v
going instrument was acknowledged before me this ay of� .&n �(
20�(,�
by t �tZ('�P_ L_ -) the GLtSSIfl.t^ of Twin Cities Self
Storage Chaska, LLC, a Minnesota limited liability companon b half
of said company. na���y
11
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
DEEANN M. TRIETNART
Notary Public -Minnesota
,.r... My Comatlulon eo—Jan 3l,----
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "A"
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) 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 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.
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
Agreement, including engineering and attomeys' 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. Severability. 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. 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 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.
1. 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
7
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 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
LV�04ucl (�-/ &LA k &f;�ffahvt,
which holds a mortgage o the subject property, the d velopment 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 itforecloses on its mortgage.
Dated this r day of C'M4 pf 201Y.
STATE OF MINNESOTA )
(ss.
COUNTY OF CA WC4 )
The foregoing instrument was acknowledged before me this 9+J- day of 1)� (9 -vv 4aew,
20tk by +owMti"..A ,the g*); C7, �,c¢ PuS�a¢ of_
C, V-
a
TNOTARYPUBLIC-MiNNESM
ERBER
SJan.31, 2018
DRAFTED BY:
City ofChanha w
7700 Market Boulevard
P.O. Box 147
Chanha ,MN 55317
(952)227-1100
EXHIBIT A
PARCEL A:
That part of the Southeast Quarter of the Southwest Quarter and that part of the Southwest
Quarter of the Southeast Quarter of Section 34, Township 116, Range 23, Carver County,
Minnesota, lying southeasterly of the southeasterly right-of-way line of the Chicago and
Northwestern Railroad, southwesterly of the southwesterly right-of-way line of County State Aid
Highway No. 61, and westerly and northerly of the following described line:
Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence
on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of
said Southwest Quarter of the Southeast Quarter a distance of 525.00 feet to the point of
beginning of the line to be described; thence North 26 degrees 57 minutes 49 seconds West a
distance of 399.00 feet; thence North 62 degrees 19 minutes 46 seconds East a distance of 485.18
feet more or less to the southwesterly right-of-way line of said County State Aid Highway No. 61
and there terminating.
PARCEL B:
That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 116, Range
23, Carver County, Minnesota, lying southwesterly of the southwesterly right-of-way line of
County State Aid Highway No. 61; northwesterly of the northwesterly right-of-way of County
State Aid Highway No. 10 (Stoughton Avenue, formerly the Chaska and Shakopee Road); and
easterly and southeasterly of the following described line:
Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence
on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of
said Southwest Quarter of the Southeast Quarter a distance of 525.00 feet to the point of
beginning of the line to be described; thence North 26 degrees 57 minutes 49 seconds West a
distance of 399.00 feet; thence North 62 degrees 19 minutes 46 seconds East a distance of 485.18
feet more or less to said southwesterly right-of-way line of County State Aid Highway No. 61
and there terminating.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
Commencing at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence
North 4.06 chains to center of Chaska and Shakopee Road, the point of beginning of tract to be
conveyed herewith; thence South 64 degrees 30 minutes West 170 feet to point of center of said
road; thence North parallel to East line of said Southwest Quarter of the Southeast Quarter to
south line of County State Aid Highway No. 61; thence southeasterly along south line County
State Aid Highway No. 61 to point where same intersects East line of said Southwest Quarter of
Southeast Quarter; thence south along said east line to place of beginning.
1:0