Site Plan AgreementDocument No. A616965
OFFICE OF THE COUNTY RECORDER
> CARVER COUNTY, MINNESOTA
v Certified Recorded on -September 22, 2015 4:30 PM
Fee: $46.00
11111 1111 111 1111 I John E Freemyer
616965 County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2015-10
SPECIAL PROVISIONS
THIS AGREEMENT ("Site Plan Agreement") dated June 8, 2015, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and STEVENS
INVESTMENTS, LLC, a Limited Liability Corporation (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan consisting of a 10,700 square -foot addition to a continuing care retirement facility,
Planning Case 2015-10 for BeeHive Home (referred to in this Site Plan Agreement as the
'Project"). The land is legally described as follows:
Lot 1, Block 1, BeeHive Home 2nd Addition, according to the recorded plat
thereof, Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes the security
required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terns of this Permit, the written terms shall control. The plans are:
Plan A: (C1) Title Sheet dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan B: (C2) Existing Conditions Plan/dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan C: (C3) Site Plan Information dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan D: (C4) Proposed Drainage Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
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Return To
Title Mark
121 West Main - Suite 200
Waconia, MN 55387
Plan E: (C5) Erosion and Sediment Control Details Plan dated received April 17, 2015, prepared by
James R. Hill, Inc. Planners/Engineers/Surveyors.
Plan F: (C6) Final Erosion and Sediment Control Details dated received April 17, 2015, prepared by
James R. Hill, Inc. Planners/Engineers/Surveyors.
Plan G: (C7) Final Grading & Drainage Plan dated received April 17, 2015, prepared by James R. Hill,
Inc. Planners/Engineers/Surveyors.
Plan H: (C8) Final Tree Preservation Plan dated received April 17, 2015, prepared by James R. Hill,
Inc. Planners/Engineers/Surveyors.
Plan 1: (C9) Final Utility Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan J: (C 10) Final Paving & Dimensioning Plan dated received April 17, 2015, prepared by James R.
Hill, Inc. Planners/Engineers/Surveyors.
Plan K: (Cl l) Details received April 17, 2015, prepared by James R. Hill, hie.
Planners/Engineers/Surveyors.
Plan L: (LSCAPE) Final Landscape Plan received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan M: (LP) Photometric Lighting Plan dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan N: (Al) Title Page Site Plan dated received April 17, 2015, prepared by Sharratt Design Company.
Plan O: (A2) Main Level Plan dated received April 17, 2015, prepared by Sharratt Design Company.
Plan P: (A3) Proposed Elevations dated received April 1", 2015, prepared by Sharratt Design
Company.
Plan Q: Final Plat Title Sheet dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
Plan R: Final Plat dated received April 17, 2015, prepared by James R. Hill, Inc.
Planners/Engineers/Surveyors.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2016. 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.
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5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the
Developer shall fumish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") in the amount of $158,238.54. This amount has been calculated at a rate of 110% of
the actual value of improvement (landscaping, erosion control, utility extension, etc.). The City
will release the security posted in accordance with the City Code.
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Tyler Stevens
6505 Fox Hollow Court
Chanhassen, MN 55317
Phone: 612-770-7611
tyler.stevens(a)encorecare.com
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. On June 8, 2015, the City Council adopted the
following motion:
"The City Council approves the site plan consisting of a 10,700 square -foot addition to a
continuing care retirement facility, Planning Case 2015-10 for BeeHive Homes as shown in plans
dated received April 17, 2015, and including the attached Findings of Fact and Recommendation,
subject to the following conditions:
Planning Conditions:
1. The existing monument sign shall be moved to the new access into the site to clearly define the
access for emergency vehicles.
2. Approval of the site plan is contingent upon approval of the rezoning, subdivision and vacation
of drainage and utility easement.
3. All rooftop equipment must be screened.
Building Official Conditions:
1. The building plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A "Code Record" is required (Code Record schematic plans may be same scale as
architectural). For "Code Record" information go to MN Dept. of Labor and Industry:
bgp://www.dli.nin.gov/CCLD/PlanConstruction.asp
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2. Retaining walls in excess of 48 inches in height must be designed by a professional structural
engineer licensed in the state of Minnesota.
3. A demolition permit is required for removal of any existing structures.
4. The buildings must be protected with automatic fire sprinkler systems.
5. An accessible route must be provided to buildings, parking facilities, public transportation stops
and all common -use facilities.
6. All parking areas, including parking garages, must be provided with accessible parking spaces
dispersed among the various building entrances.
7. Accessible units must be provided in accordance with Minnesota State Building Code Chapter
1341.
8. The building owner and/or their representatives should meet with the Inspections Division to
discuss plan review and permit procedures. In particular, occupancy group, type of construction
and allowable area issues must be addressed.
Fire Marshal Conditions:
1. "No Parking Fire Lane" signs and yellow -painted curb will be required on the new driveway.
Only one side of the driveway will be posted "No Parking." Contact the Chanhassen Fire
Marshal for exact locations.
Engineering Conditions:
1. A stable conveyance must be provided to the west on the drainage plan.
2. The applicant is required to meet a water quality volume of one (1) inch runoff from all new
impervious surface or demonstrate why this volume cannot be met.
3. The applicant must provide a water quality model, as required by Section 19-144 of the city
code, showing that there is a 60% reduction in TP and 90% reduction in TSS as required by
city code and the NPDES permits. Demonstration of 1" abstraction will be considered
equivalent treatment.
4. The plan set shall include a detail specific to the bioretention feature which is consistent with
the MN Stormwater Manual.
5. Plugs and live plants shall be used in lieu of seed and a planting schedule and maintenance
plan shall be developed and submitted for city approvals and record retention for both
bioretention features.
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6. The applicant shall prepare and submit to the City for approval a Surface Water Pollution
Prevention Plan (SWPPP) consistent with the NPDES Construction Pennit which shall
contain all required elements as listed in Parts Ill and 1V of the pennit.
7. The plans shall indicate that six (6) inches of topsoil are to be placed on all disturbed areas to
be vegetated and a stockpile area shall be indicated on the plan set.
8. A final stabilization plan shall be prepared for the site.
9. The plans shall show locations proposed for stockpile areas.
10. A soils report shall be submitted to staff indicating soil conditions and permeability if
infiltration is to be used.
11. The grading plans must be revised to show the first floor elevations of adjacent lots.
12. Spot elevations must also be shown to illustrate the drainage pattern near the existing home's
driveway.
13. The proposed grades on the site shall be no greater than 3:1.
14. The engineer shall coordinate with MnDOT and incorporate their comments.
15. The radius of the driveway curves must be shown on the plan set.
16. The trail width shall be labeled on the plan set.
17. The plan shall be revised to reconstruct the trail further north to create a better connection.
18. The new addition is subject to sanitary sewer and water hookup charges. These charges are
based on the number of SAC units assigned by the Met Council and are due at the time of
building permit issuance.
19. The developer's engineer must incorporate the latest edition of Chanhassen Standard
Specifications and Detail Plates into the plan set.
20. The applicant must work with a qualified designer and contractor to design a system to
capture and abstract a volume of runoff equivalent to one inch (1") from the new roof area.
This system must be reviewed, approved and installed prior to the issuance of the certificate
of occupancy.
Environmental Resource Conditions:
1. Install tree protection fencing around all preserved trees shown on grading plans. The
fencing shall be installed prior to any construction activity and remain until site construction
is completed.
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Site plantings shall be increased to meet minimum bufferyard requirements. Plantings shall
be located so as to soften direct views in areas where the proposed building is closest to
property lines.
3. Bufferyard plantings shall be located on the west side of the entryway drive rather than on the
east as proposed.
4. A revised landscape plan shall be submitted to the city showing proposed plantings adjacent
to the entire parking area that limit direct views of the pavement and the vehicles."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "A" and incorporated herein.
.' .
(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
BY: -14 /
Denny Laenburger, ayo/r
AND: X1"'�-^�D'
odd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this�wWay 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.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
NWOTARMFUBLIC
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STEVENS INVESTMENTS, LLC
BY:
er Stevens, Chief Executive Officer
STATE OF MINNESOTA )
( ss
COUNTY OF d )
The foregoing instrument was acknowledged before me this day of
2015, by Tyler Stevens, Chief Executive Officer of Stevens Investments, LLC, a Min esota
limited liability company.
TARY PUBLIC
AMIlIONY DAND MIDDLETON
IgdRf PUBIJC•6RK�40A
WWM=WMWM
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
M
(Reserved for recording data)
MORTGAGE HOLDER CONSENT
TO SITE PLAN AGREEMENT
First Minnetonka City Bank, 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 \ O day of �P r , 2015.
FIRST MINNETONKA CITY BANK
By: /
Its:—V, , Cri
STATE OF MINNESOTA )
)ss.
COUNTY O
The foregoing instrument was acknowledged before me s U day of �et,'i%
2015, byl-�klu-�eS them ,��t�JS)- of First
Minnetonka City Bank, a Minnesota banking corporation, on its_behalf
DRAFTED BY:
CAMPBELL KNunoN
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
(651) 452-5000
AMP
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Notary Public
(Reserved for recording data)
MORTGAGE HOLDER CONSENT
TO SITE PLAN AGREEMENT
U.S. Small Business Administration, a _ l ;yY,fl Skk SnyiwNr,�
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 /5 day of 2015.
ADMINISTRATOR OF THE
U.S. SMALL BUSINESS ADMINISTRATION
yyy�rortd `�
183335
STATE OF CALIFORNIA )
) SS:
COUNTY OF FRESNO )
On SEP 18 2015 before me, Monlea Sheryl WIllan , a Notary Public,
personally appeared RaVmondA.Kulina who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s Is are subscribed to the within
instrument and acknowledged to me tha she/they executed the same it her/their
authorized capacity(ies), and that by is er/their signature(s) on the ins ument, the
person(s), or the entity upon behalf of whM6 the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
ammmont .
y
MONICA SRERYL WILLIANIS
Commission # 2055873 z?Public-California
o
z
Fresno County
M Comm. Expires Jan 25, 2018'
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
(651)452-5000
AMP
183335
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) Site Plan Agreement has been fully executed by both parties and
filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plans E and F, shall be implemented, inspected, and approved by
the City. The City may impose additional erosion control requirements if they would be beneficial.
All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after
the completion of the work in that area. Except as otherwise provided in the erosion control plan,
seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded
areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowing materials, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C,
shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The City shall retain $3,180.00
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of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve (12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses, which the City may pay or incur in consequence of
such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. if the bills are not paid on time, the
City may halt all plat development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement
is a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
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E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Pennit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Site Plan Agreement.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until the
streets needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Site Plan Agreement. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
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 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 Site Plan
Agreement shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of
all internal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Re¢ulations. In the development of the
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
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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 Site Plan Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indenmify, 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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