Recorded Site Plan Agreement 2014-35CAMPBELL KNUTSON
February 29, 2016
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Miscellaneous Recorded Documents
Dear Ms. Meuwissen:
Y
MAR P 3 2016
CITY OF CHANHASSEN
Please find enclosed, for the City's files, the following original recorded documents:
Site Plan Agreement dated December 8, 2014 with SCP PE Chan, LLC,
recorded January 25, 2016 as document number A622416;
2. Encroachment Agreement dated December 18, 2015 with Christopher and
Kathryn Atterberry, recorded December 28, 2015 as document number
A621204;
183816v4
Encroachment Agreement dated September 16, 2015 with Michael and Kerry
Marrou, recorded January 15, 2016 as document number T198031;
Resolution 2016-08 Approving Conditional Use Permit 2016-02 to operate an
adult daycare facility recorded February 4, 2016 as document number
A10284976;
Encroachment Agreement dated January 25, 2016 with Robert and Katie
Goggins, recorded February 4, 2016 as document number A622833;
Resolution 2015-86 Revoking CUP 1984-07 for a horse stable, recorded
January 14, 2016 as document number A621978;
Resolution 2015-87 Revoking CUP 1985-04 for a bed and breakfast, recorded
January 14, 2016 as document number A621979; and
Page 2
February 29, 2016
lK' Resolution 2015-88 Revoking CUP 1996-04 for an amateur radio tower, recorded
January 15, 2016 as document number A622049.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Jean lbl. Olson Le al Assistant
g
/jmo
Enclosures
183816v4
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Document No. A622416
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Certified Recorded on -January 25, 2016 3:00 PM
Fee: $46.00
IIIIIIIIIIIIIIIIIII Luke C Kranz
Count Recorder
622416
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2014-35
SPECIAL PROVISIONS
THIS AGREEMENT (the "Site Plan Agreement") dated December 8, 2014, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and SCP PE
CHAN, LLC., a Company under the laws of the State of Minnesota (the 'Developer").
1. Request for Site Plan Approval; Acknowledgement of Assignment. The
Developer has asked the City to approve a site plan for construction of a 3,915
square -foot multi -tenant building (Seven Forty -One Crossing), Planning Case
2014-35 (referred to in this Site Plan Agreement as the "Project"). The land is
legally described as follows:
That part of Lots 1 and 2, Block 1, Seven Forty One Crossing, Carver
County, Minnesota lying southerly southeasterly and easterly of the
following described line:
COMMENCING at the northwest corner of said Lot 1; thence on a
assumed bearing of South 03 degrees 29 minutes 16 seconds West along
the westerly line of said Lot 1 a distance of 254.85 feet to the point of
BEGINNING of the line to be described; thence South 86 degrees 30
minutes 44 seconds East a distance of 50.02 feet; thence North 03 degrees
29 minutes 16 seconds East a distance of 28.56 feet; thence North 86
degrees 13 minutes 46 seconds East a distance of 194.48 feet; thence
northeasterly 64.99 feet along a tangential curve concave to the northwest
having a radius of 45.00 feet and a central angle of 82 degrees 44 minutes
30 seconds; thence North 03 degrees 29 minutes 16 seconds East a
distance of 169.77 feet to the north line of said Lot 1 and said line there
terminating;
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.
SP -1
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:
PlanA: (C1.01) Title Sheet dated received October 17, 2014, prepared by Sambatek.
PlanB: (C2.01) Existing Conditions & Demolition Plan dated October 17, 2014, prepared by
Sambatek.
Plan C: (C3.01) Site Plan dated received October 17, 2014, prepared by Sambatek.
Plan D: (C4.01) Grading Plan dated received October 17, 2014, prepared by Sambatek.
Plan E: (C5.01) Erosion Control Plan— dated received October 17, 2014, prepared by Sambatek.
Plan F: (C5.02) Erosion Notes & Details — dated received October 17, 2014, prepared by Sambatek.
Plan G: (C6.01) Utility Plan dated received October 17, 2014, prepared by Sambatek.
Plan H: (C9.01) Detail Sheet dated received October 17, 2014, prepared by Sambatek.
Plan I: (C9.02) Detail Sheet dated received October 17, 2014, prepared by Sambatek.
Plan J: (L1.01) Landscape Plan dated received October 17, 2014, prepared by Sambatek..
Plan K: (Al) Floor Plan and Elevations received dated October 17, 2014, prepared by Studio 55
Architects.
Plan L: Light Fixture design dated received March 14, 2014.
Plan M: Bike Rack Design received October 14, 2014.
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.
5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") in the amount of $64,053.00. This amount has been calculated at a rate of 110% of the
actual value of improvement (landscaping, grading, erosion control, utility extension, etc.). The
City will release the security posted in accordance with the City Code.
SP -2
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:
SCP PE CHAN, LLC (Paster Properties)
2227 University Avenue West
Saint Paul, MN 55114
Mr. Ken Henk
Phone: (651) 646-7901
khenkApasterprop.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 December 8, 2014, the Chanhassen City Council
adopted the following motions:
A. Site Plan Approval
"The Planning Commission recommends the City Council approve the site plan consisting of a
3,915 square -foot single -level retail building with a drive-thru serving a restaurant, Planning
Case 2014-35 as shown in plans dated October 17, 2014, including the attached Findings of Fact
and Recommendation, subject to the following conditions:
Environmental Resource Conditions:
1. The applicant shall revise the landscape plan to show the existing tree and shrubs in the north
landscape peninsula removed and replaced with an overstory tree and shrubs. A revised
landscape plan shall be submitted to the city for approval.
Building Official Conditions:
The buildings are required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Retaining walls greater than four feet high require a building permit and must be designed
by a professional engineer registered in the state of Minnesota.
4. Detailed occupancy -related requirements will be addressed when complete building plans
are submitted.
5. The owner and or their representative shall meet with the hispections Division as soon as
possible to discuss plan review and permit procedures.
SP -3
Engineering Conditions:
1. Topographic plans must be revised to show the benchmark used for the survey.
2. The plans shall show locations proposed for stockpile areas.
3. A soils report shall be submitted to staff indicating soil conditions and permeability.
4. The distance between the southern building comers and the back of curb must be a
minimum of five feet for two-way pedestrian traffic.
5. The following materials are prohibited for retaining wall construction: smooth face,
poured -in-place concrete (stamped or patterned is acceptable), masonry, railroad ries and
timber.
6. The plan must be revised to meet Chanhassen Code for standard parking spaces: 9 feet
wide and 18 feet long.
7. The plan must show a single -unit truck turning movements on the drive -thin and a
passenger vehicle using the exit bump -out.
8. The developer's engineer will work with staff on the locations, markings and signage for
pedestrian crossings.
9. Painted crosswalks shall be installed per the MN Manual on Uniform Traffic Control
Devices.
10. ADA pedestrian ramps must be constructed on both sides of all crosswalks shown in the
site plan.
11. The applicant must demonstrate that the biofiltration feature is functioning per design
and, in the event it is not, must provide a plan for restoring the designed functions and
implement the necessary changes.
12. The applicant must provide an operations and maintenance (O&M) plan for the
biofiltration feature. This O&M shall include a schedule of inspections, inspection forms
and a method of communicating the findings and required maintenance to the city.
Planning Conditions:
1. All rooftop and ground equipment must be screened from views.
2. Sign illumination and design shall comply with ordinance. Signs shall be limited to the
east and west elevations.
3. The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained
within the same enclosure.
SP -4
4. A photometrics plan shall be prepared for the site. Light levels for site lighting shall be
no more than one-half foot candle at the project perimeter property line. This does not
apply to street lighting. All fixtures must be shielded.
5. Approval of the site plan is contingent upon approval of rezoning the property to Planned
Unit Development."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
SP -5
STATE OF MINNESOTA
ss
COUNTY OF CARVER
CITY OF CHANHASSEN
M
Q
Th
The foregoing instrument was acknowledged before me thi�day of2015,
by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of h nh ssen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
I/L W-7-AF5:�
e.
KIM T. MEUWISSEN
Notary Pubk-Mk
.� MV cmm"tlon Ejq*a Jen 81, 2W
SP -6
DEVELOPER: SCP PE CHAN, LLC
BY:e:5�Lr
Howard Paster, President
STATE OF MINNESOTA )
) ss
COUNTY OF RAMSEY)
The foregoing instrument was acknowledged before me this)-c2l day of
2015, by Howard Paster, President of SCP PE CHAN, LLC, a limited liability comp under the
laws of the State of Minnesota, on behalf of the company.
LISA MARIE KLOETZKE
Notary Publir`Mfrxiesota NOTAR UBLIC
MY C"mWelm F-�Me� Jen 31, 2013
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
SP -7
CONSENT
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.
Dated this 0—"day of 2015
SCP PE CHAN, LLC
By Li' J^+�
Howard A. Paster, President
STATE OF MINNESOTA )
( ss
COUNTY OF RAMSEY )
ThS ff rl is t— g ilrnst ent as acknowledged befo me this I �l 1 day of
2015, by 1� �� Preside P PEL inn invited
liability company, on behalf of the company
OTARY PU C
LISA MARIE KLOETZKE
. Notary
y cPublic Minnesota
onxMu
Mlorll Expkes Jen 31,2019
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
.M
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Associated Bank N.A., 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 thist� day of / 1__0, , 2015.
Steven
Associated Bank,'National Association
Vtc,E Pi
esident
STATE OF MINNESOTA )
) ss
COUNTY OF ke-nnegln) //
The forP�r/0iing ins trumep/�� as kno edged before me this —0 day of GL
2015, by A\Tc1iett% ( N, I Vice -President of Associated�ional
Association, on behalf of the associat'�n.
1
NOTARS PUBLIC
8'A ARA"L AR.
NOARYPUBLC - MIlMiESOTA
My CmTrossion Expires Jan, 31, 2020
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-11
SP -9
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "B"
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, Plan E, 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
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.
Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses, which the City may pay or incur in consequence of
such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all 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 fourteen (14) 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
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 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.
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.
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 Regulations. 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;
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 famish 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 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.
giplan12014 planning cases\2014-35 seven forty-one crossing rezoning & site plan\site plan agreement - final.doc