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Site Plan Agreement Cover Letter 08-24-2015Administration Re: Planning Case #2015-19 Phone: 952.227.1100 Dear Mr. LaMettr Fax: 952227.1110 y Building Inspections Enclosed is the site plan agreement for LaMettry's Collision & Glass for site Phone: 952.227.1180 improvements that must be executed by J & R Chanhassen, LLC. This agreement Fax: 952.227.1190 must be recorded at Carver County within 120 days of the approval (by December 8, 2015) and prior to the issuance of a building permit. The required security specified Engineering Phone: 952.227.1160 in the site plan agreement ($289,000.00) shall be submitted in conjunction with the Fax: 952.227.1170 site plan agreement. A separate building permit application and review is required. Finance A warranty deed shall be prepared, executed and submitted to the City of Chanhassen Phone: 952.227.1140 to transfer the Bluff Creek primary zone to city ownership. Your engineer/surveyor Fax: 952.227.1110 should be able to prepare the legal description of this property. Please contact Terry Jeffery (952) 227-1168 or tjeffervAci.chanhassen.mn.us if you have questions on the Park :Recreation portion of the property to be transferred. Phone: 952.227.1120 p p p y Fax: 952.227.1110 If you have additional questions or need more information, please contact me at (952) Recreation Center 227-1131 or b¢eneroustu`�.ci.chanhassen.mn.us. 2310 Coulter Boulevard Phone: 952.227.1400 Sincerely, Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 August 24, 2015 CITY OF Robert Generous, AICP CHIMSSFN Senior Planner Public Works Mr. Rick LaMettry 7700 Market Boulevard PO Box 147 3209 Galleria #1804 Chanhassen, MN 55317 Edina, MN 55435 Administration Re: Planning Case #2015-19 Phone: 952.227.1100 Dear Mr. LaMettr Fax: 952227.1110 y Building Inspections Enclosed is the site plan agreement for LaMettry's Collision & Glass for site Phone: 952.227.1180 improvements that must be executed by J & R Chanhassen, LLC. This agreement Fax: 952.227.1190 must be recorded at Carver County within 120 days of the approval (by December 8, 2015) and prior to the issuance of a building permit. The required security specified Engineering Phone: 952.227.1160 in the site plan agreement ($289,000.00) shall be submitted in conjunction with the Fax: 952.227.1170 site plan agreement. A separate building permit application and review is required. Finance A warranty deed shall be prepared, executed and submitted to the City of Chanhassen Phone: 952.227.1140 to transfer the Bluff Creek primary zone to city ownership. Your engineer/surveyor Fax: 952.227.1110 should be able to prepare the legal description of this property. Please contact Terry Jeffery (952) 227-1168 or tjeffervAci.chanhassen.mn.us if you have questions on the Park :Recreation portion of the property to be transferred. Phone: 952.227.1120 p p p y Fax: 952.227.1110 If you have additional questions or need more information, please contact me at (952) Recreation Center 227-1131 or b¢eneroustu`�.ci.chanhassen.mn.us. 2310 Coulter Boulevard Phone: 952.227.1400 Sincerely, Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Robert Generous, AICP Senior Planner Public Works 7901 Park Place Enclosure Phone: 952.227.1300 Fax: 952.2271310 ec: Kate Aanenson, Community Development Director Senior Center Alyson Fauske, Assistant City Engineer Phone: 952.227.1125 Todd Gerhardt, City Manager Fax: 952.227.1110 Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Website Jill Sinclair, Environmental Resource Specialist www.ci.chanhassen.mn.us Nate Herman, PE, Sathre-Bergquist, Inc. gAplan\2015 planning cases\2015-19 lamettry's collision site plan\spa letter.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN SITE PLAN AGREEMENT #2015-19 LAMETTRY'S COLLISION & GLASS SPECIAL PROVISIONS AGREEMENT dated August 10, 2015, by and between the CITY OF CHANHASSEN, Minnesota municipal corporation (the "City"), and J & R Chanhassen, LLC (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for two one-story buildings of 18,290 square feet and 22,115 square feet located at 1650 and 1651 Motorplex Court (referred to in this Agreement as the "project"). The land is legally described as shown on the attached Exhibit B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Agreement and furnish 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 Sathre-Bergquist, Inc., dated 06/18/15. Plan B: Grading and Erosion Control Plans prepared by Sathre-Bergquist, Inc. dated 06/18/15. Plan C: Landscaping Plan prepared by Norby & Associates Landscape Architects, Inc. dated 06/19/15. Plan D: Utility Plan prepared by Sathre-Bergquist, Inc. dated 06/18/15. Plan E: Building Elevation Plans prepared RDS Architects dated June 16, 2015, revised July 9, July 20 and July 28, 2015. 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 furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $289,000.00 (drainage system, 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. 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. Rick LaMettry 3209 Galleria #1804 Edina, MN 55435 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 two one-story buildings of 18,290 square feet and 22,115 square feet subject to the following conditions: Building: a. The buildings are required to have an automatic fire extinguishing system. b. The buildings are required to have individual water and sewer connections. c. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. d. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. e. Detailed occupancy and accessibility -related requirements will be addressed when complete building plans are submitted. f. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal: a. A three-foot clear space shall be maintained around all fire hydrants. b. Additional fire hydrants will be required (one for each building). Contact the Chanhassen Fire Marshal for exact locations. Engineering: a. Minor modifications to the grading plan are needed to clarify the proposed grades, specifically: 1) The proposed 952 foot contour northwest of the entrance to Audubon Road closes in on itself, and 2) The proposed 944 foot contour at the south site's middle entrance. b. The eastern retaining wall on the south site must not encroach into the adjacent drainage and utility easement. c. LaMettry's and Auto Motorplex must enter into a cross -access agreement for the existing private street. Staff recommends that this agreement address maintenance responsibilities and costs. d. On the south site, the drive aisle between the east of the building and the parallel parking must be at least 22 feet wide. e. On the south site, ensure that there is adequate space for vehicles backing out of Unit #1. f. A building permit is required to extend the sewer and water services to each of the buildings; a plumbing inspector shall inspect the connections. Environmental Resources: a. All transplanted trees shall be warranted for one year from the time the overall landscaping is complete. Any trees that do not show 75% canopy at the end of warranty shall be replaced with new trees. b. Minimum bufferyard requirements must be met. Planning: a. The developer shall provide a sidewalk connection from Motorplex Court to Park Road. b. The applicant shall prepare a lighting plan with photometrics prior to the issuance of a building permit. c. The applicant shall provide staff with a description of the sign locations for both buildings and monument sign. d. The applicant's architect shall work with staff to develop transitions between the different materials and the architectural detailing of the buildings as shown on plans dated received July 20, 2015 to make them compatible with the entire development. Water Resources: a. A standalone Surface Water Pollution Prevention Plan with all elements required in Parts III and IV of the NPDES Construction permit shall be prepared and submitted to the city for review and approval prior to any earth disturbing activities. b. The city -developed maintenance agreement shall be revised accordingly, executed and recorded against the property. c. The applicant shall develop, or cause to be developed, an operations and maintenance manual which shall specify anticipated inspection and maintenance, as well as schedule, necessary in order to ensure there is not significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. d. The applicant must demonstrate that the required 90% reduction in TSS will result from the proposed storm water best management practices using P8, the MIDS calculator or another approved methodology. e. The applicant shall provide documentation that adequate pretreatment is provided for the Cultec RechargerTM systems or that pretreatment is not required per the manufacturer's specifications. f Surface Water connection fees in the amount of $118,134.00 will be due with final approval and prior to being issued a certificate of occupancy. In lieu of these fees, that portion of the parcel located westerly and containing the Bluff Creek Overlay District may be given a unique PID and dedicated to the city 8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A" and incorporated herein. (SEAL) STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) CITY OF CHANHASSEN M AND: Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this—day of , 2015, by Denny Laufenburger, 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. NOTARY PUBLIC J & R CHANHASSEN, LLC: RN Its STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015 by , the of J & R Chanhassen, LLC, a Minnesota Limited Liability Corporation. NOTARY PUBLIC 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 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. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims R 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. 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. Recordine. 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 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. 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EXCEPT which Gua WenwlyofBluCfCawk, the cwanline of said erwkdaenbM a Collows 4,.. 00 at die 25 sawdswmaof the a Northli Qwrter of8adose I5. arron, a t 16 Noah, 8AS a et Weal point fla Principal Meridiem the t on an a ibcd; bearing of South eg degrees00 minutes 25 WMds Eatalwglho North lineofsaidth 12 less Qoener,iesdistance1ocandis5featithe Paintofbegieeno Ofthea.$96negbedescribed;thence Swth03degrees 14 myoma 59 seconds Wes; a disuue vi 12.39 fol Wwce South 12 tlegrea I] minutes 21 moods Eau a dislmiw of 1836 leek Wrnw Sautli A6 degrcea 92 mWuas 32 maoeds East, e S.Wbof66.4] 0.Wcnw SaulhW &e,.11m .f36eccfWs Pasta mthOSdf 10.094m Www3mdh26 Wmt, 53 minora 493.32f Ens&a Smtb l 1g 27min w Sostlh 04 dogma 40 mivuwa 40 Bawds Ear a Nsmor of ]1.53 fm; Wince SwW OS dcgra 34 miautca 33 acwnds Wal, a diq, .. of 313.32 Ens; therca Swth 01 dcgra 27 minutes 58 semda East a damvr of 0 degrees Com thea South O8 ads Wo 14 minuet i 3 a95.70f\lbs& a e, Sum of degrees sect; thence South ro dc8rtts 49 minmes 36 seromas W'at a South 1 of 256.50fed;Woa 04 300dWar a mWWa f5," Are; Waladistance degree from; trance 10 sm22tl Rest, emWtda40swords East,ad orae degreF29.7es 30 throe, 14a 10 Want,doga 54 miwea 04 saond[ War, South 08 of55,"3fed; thecae South 14 War,. 39 once of 30 seconat; 0"t. a oath 10 of reel fat heats 4 Bawd deers 30 stances 14 seconds W'at,a distance degrees 39 South 08 dogma 3dminutes 50 .ads Wets aands06cpgareas fsmithence South 10 degrees58anie. 44aaoads Westau"3dofId39 fat thence South 15 adisan 39 minute ai saapoinEsq, a distance of 16.38 foes: thecae ue. S , P degrees 00 minutes ansewnds Belt, s aicemx 17fact tart; Wear South 33 degses SR mares the abase Eanadipatety,. afedw long tai We Nusfly Railroad HK the and et em mud-Aing. 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Subjarm wsmnwf for Cowry Sate Aid High., No. 17. Lv , vacantly as lint which w.. m the East Qumtm wmerof mid Section 15; throw South W deem. 44 surnmea 16 accends East, asnuned beer., an me cast line of.W Southeast Quarter ofSeetion 15, a distance of 71.55 fm to We southerly boundary .([he above daubed land end the Northerly line ofthe MRwaulev. St. Peal amt Pacific Railroad; thence Soutb 56 degrees 57 miouas M awonds Wad, an Um sw[imdybpuodary of Wcebmx dacribcd land andthe Norha dylhte ofthc Milwaukee, St. Paul and Pacific Railroad, 49633 fws thew oontart an the scaWely bosvdary of theabovedesodbW food and the Notified, Imcmfthe MilwaJace,St. Paul and Pacific RAmad, SouW33degrca02minutc136..dsaMI2.WfrLtbcswe Co uuusgonibc"theriyboodmyof theabovedeacrlbod land and the Northerly law ofthc Milwaukee,St. Paul .it Pacific Railroad, Soon, M degmeti 57 myoma 24 seconds West, 1319.26 Rin toe Pomtofesnp; thencectearro stanthe soudsedY boundary ofthe above described lend Sad the Natheriy line of Nc Milweuka, SL Paul and Puific Railroad on noon-anprnrial wire concave m tlmrvoNiwest 120.34 feet. said cove has a redos of 1959.86 feel a ccaanl mese of03 degrees 31 minutes 05 sa:atds and achoNof 120.32 foo.MCh bases North 36 degrees 48 mimws 57 seconds Fan; Wocc S odh 35 dogma 03 clause; 24 seconds East mngot intoe mil curve.2298 feel; Wwce South 56 degree 57 minut�?d seconds Wal, 27.39 Wet mtha point ofbegiwingofthe line m be described; Weise Nadh 33 degrees 02 minora 36 seconds N'esl 141,43 fed; Wersw Nodh42 degrees 07 minuRs 35 sewnds Fae1236.51 fat; those NoM 54 degrem 19 minums 50 awosids Pau, 265.99 feet thence NOM 30 dtgrca 36 mmuhs05scrandsfan,2]0.3]fccLWmmc No db 04 dcgsm4l midS43assi[Q Easc,15ectio tWcocc NoM 697Croisanmetend Em Quoursom eraffacdSoutin 15,".asidlli 40 minces OS xeunds Fast' 116.79 feet b a point an We won lint afraid SwWemt Qonarof3wtimi I5, dislam of ]4JS] Croissant Pretend Eat QuM Cameral slid Section IS. wWerc mid line wdnmame CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, 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 20_ By STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015 by of DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 10 the NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT 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 20 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2015 by the of DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 11 day of NOTARY PUBLIC