approval letterAdministration Dear Mr. Undestad,
Phone: 952.227.1100
Fax: 952.227.1110 This letter is to confirm that on July 25, 2016, the Chanhassen City Council approved:
Building Inspections A. The final plat for Audubon Corporate Center 2nd Addition subject to the
Phone: 952.2271180
following conditions:
Fax: 952.227.1190
August 1, 2016
CITY OF
Mr. Mark Undestad
1.
Eden Trace Corporation
CHAMIu���u�(�
HASSEN
8821 Sunset Trail
of construction. The applicant will be responsible for replacing any trees that
Chanhassen, MN 55317
7700 Market Boulevard
die as a result of construction activity.
PC Box 147
2.
Chanhassen, MN 55317
Re: IDI Distribution, Planning Case #2016-18
Administration Dear Mr. Undestad,
Phone: 952.227.1100
Fax: 952.227.1110 This letter is to confirm that on July 25, 2016, the Chanhassen City Council approved:
Building Inspections A. The final plat for Audubon Corporate Center 2nd Addition subject to the
Phone: 952.2271180
following conditions:
Fax: 952.227.1190
1.
Existing city boulevard trees will be protected with fencing during all phases
Engineering
Phone: 952.227.1160
of construction. The applicant will be responsible for replacing any trees that
Fax: 952.227.1170
die as a result of construction activity.
2.
A wetland buffer 20 feet in width and a 30 -foot setback from the wetland
Finance
buffer must be maintained around all wetlands on the property. Secondary
Phone: 952.227.1140
structures are allowed to encroach up to 50% of the setback. It appears that
Fax: 952.227.1110
the retaining wall has exceeded the allowed encroachment and needs to be
Park & Recreation
moved out of this 15 -foot setback. Wetland buffer areas shall be preserved,
Phone: 952 2271120
surveyed and staked in accordance with the city's wetland ordinance. The
Fax: 952.227.1110
applicant must install wetland buffer edge signs, under the direction of city
staff, before construction begins and must pay the city $20 per sign.
Recreation Center
3.
The retaining wall needs to be moved so that it is at least 15 feet from the
2310 Coulter Boulevard
edge of the buffer or 35 feet from the wetland edge.
Phone: 9522271400
*This condition has been met.
Fax: 952.227.1404
4.
A NPDES Phase II Construction Site Storm Water Permit will be required
Planning &
from the Minnesota Pollution Control Agency (MPCA) for this site.
Natural Resources
*This condition has been met.
Phone: 952.2271130
5.
Based upon the area and land use type, the Storm Water Utility Connection
Fax: 952.227.1110
Charge is estimated to be $23,500.69 due with the final plat.
6.
The applicant shall apply for and obtain permits from the appropriate
Public Works
regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota
7901 Park Place
Phone: 952.227.1300
Department of Natural Resources (for dewatering)) and comply with their
Fax: 952.227.1310
conditions of approval.
7.
Park fees in the amount of $33,125.00 shall be paid prior to recording the final
Senior Center
plat.
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
IDI Distribution, Planning Case #2016-18
August 1, 2016
Page 2 of 5
8. No burning shall be issued for trees to be removed. Trees and shrubs must be removed
from site or chipped.
9. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the city with detailed haul routes.
10. Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota. Additional top
and bottom elevations should be added to the retaining wall.
11. A minimum vertical separation of 18 inches is required at all storm, sanitary, and
watermain crossings. Provide details of each crossing to ensure minimum separation.
12. Sanitary sewer and watermain hookup fees will be required at the time of building permit
issuance. All of 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.
13. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final
plat. The fee will be based on the commercial rate of $3,600 per developable acre. With
2.06 developable acres, the fee is $7,416.00.
14. A drainage and utility easement will need to be placed over the wetland and associated
buffer with final plat.
B. The site plan for the expansion of IDI Distribution Building, plans prepared by Houwman
Architects, dated June 6, 2016, and Sambatek, dated July 1, 2016, subject to the following
conditions:
Building Official
1. The building is required to have automatic fire extinguishing system.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Soil evaluation (geo-technical) report required.
4. Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
5. Detailed occupancy related requirements will be addressed when complete building
plans are submitted.
6. The owner and or their representative shall meet with the Inspections Division as soon
as possible to discuss plan review and permit procedures.
Engineering
1. Outlot A must be platted as a lot and combined with Lot 1, Block 1 prior to recording the
site plan agreement.
2. The applicant's surveyor shall show all easements of record on the existing based on a
recent (within 90 days) title search of the parcel prior to recording the site plan agreement.
3. Prior to recording the site plan agreement, the applicant must vacate the drainage and utility
easement over the storm sewer they are removing.
IDI Distribution, Planning Case #2016-18
August 1, 2016
Page 3 of 5
4. Prior to recording the site plan agreement, the applicant shall submit a concept -level design
for stormwater that would meet the watershed district requirements if the additional parking
spaces were to be added at a future date.
5. Prior to a notice to proceed, the grading plan shall be revised to show the existing and
proposed elevation shots where the new curb line will tie-in to the existing curb.
6. The Emergency OverFlow (EOF) locations and elevations shall be added to the grading and
utility plan sheets.
7. The applicant must submit a soils report to the city prior to recording the site plan
agreement.
8. During construction, the infiltration basin area shall be protected from compaction and
disturbance during construction.
9. The infiltration basin area shall not be excavated prior to substantial completion of the site
work and stabilization of the slopes.
10. After construction, the infiltration basin shall be tested by a third party for permeability to
ensure that it is functioning per the stormwater modeling submitted by the applicant. The
infiltration basin must pass the permeability testing prior to an issuance of a permanent
certificate of occupancy.
11. The applicant must submit a SWPPP and erosion control plan per City Code § 19-145 for
staff review prior to recording the site plan agreement.
12. Prior to recording the site plan agreement, escrow shall be provided to the city for
construction of erosion and sediment control measures and the infiltration basin.
13. The applicant shall obtain permits from all appropriate regulatory agencies and comply with
their conditions of approval.
14. The parking lot plan shall be revised to meet the Chanhassen City Code requirements for
driving aisles for 90° parking spaces or to use angled parking prior to a notice to proceed.
15. 'The plan must follow all applicable State and Federal guidelines and accessibility for the
parking lot and sidewalk construction.
16. Water main to be installed for this project shall be privately owned and maintained during
and after construction.
17. Private water main shall be installed per the most current version of the City of Chanhassen
Standard Specifications and Detail Plates, which shall be included in the construction
specification documents for this project prior to a notice to proceed.
18. Permits from the appropriate regulatory agencies will be required, including the MPCA and
the Dept. of Health prior to a notice to proceed.
19. Prior to a notice to proceed, the applicant's engineer shall verify whether there is a conflict
at the storm sewer/water main crossing for the relocated hydrant on the east side of the
building, and alter the plans if necessary to remediate the conflict.
20. City and Metropolitan Council SAC and WAC charges will be collected with the building
permit at the units determined by the Metropolitan Council and the rate effective at the date
of permit.
Natural Resources
1. All existing trees to the north and west of the parking lot expansion shall be protected by
tree preservation fencing. Fencing shall be installed and approved by the city prior to any
grading.
G:\PLAN\2016 Planning Cases\2016-18- fD! Expansion - 8303 Audubon Road\approval letter
IDI Distribution, Planning Case #2016-18
August 1, 2016
Page 4of5
Planning
1. The applicant shall enter into a site plan agreement and provide the necessary securities
required by it.
2. Dumpsters, if placed outside, shall be properly screened.
Water Resources
1. The applicant shall apply for and receive a General Permit Authorization to Discharge
Stonnwater Associated with Construction Activity Under the National Pollution
Discharge Elimination/State Disposal System (NPDES Construction Pen -nit) prior to the
issuance of a building permit or any earth disturbing activities.
2. The applicant must demonstrate that they can achieve the 90% TSS and 60% TP removal
using removal efficiencies recognized as industry standards or otherwise justifiable prior
to issuance of a building permit.
3. The applicant must provide the water quality modeling, in both a summary and the actual
electronic model used to the city for review and approval prior to issuance of the building
permit.
4. The plan submittal must also include a detail of the infiltration basin consistent with the
Minnesota Stormwater Manual prior to issuance of a building permit. This detail must
include any soils corrections, basin protections and planting plans and schedules in
addition to other necessary design elements.
5. The infiltration basin must be placed within a drainage and utility easement.
6. The applicant shall prepare an operations and maintenance manual specific to the
infiltration feature including anticipated inspection schedule, routine maintenance and
frequency of said maintenance and supply a copy to the city prior to issuance of a
building permit.
7. The two outfalls into the infiltration basin shall be combined into one and a sump
manhole with a minimum depth of 4 feet shall be constructed at the last CBMH prior to
discharging towards the infiltration basin.
8. The pipe shall come out of the last structure into the infiltration basin no stepper than one
percent (1.0%). The outfall shall be short of the basin and shall flow through a grass
channel to allow for energy dissipation and additional pretreatment.
9. The applicant shall prepare a Surface Water Pollution Prevention Plan (SWPPP) and
submit to the city for approval prior to issuance of a building permit. No earth disturbing
activities may occur until an approved SWPPP is developed. This SWPPP shall be a
standalone document consistent with the NPDES Construction Pen -nit and shall contain
all required elements as listed in Parts III and IV of the permit.
10. The plan must eliminate the two stalls that encroach into the secondary setback from the
wetland buffer.
11. Monuments indicating the buffer boundary will need to be shown on the plan and placed
concurrent with the erosion prevention and sediment control practices.
12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering), Riley -Purgatory -Bluff Creek Watershed District) and comply with their
conditions of approval.
G:\PLAN\2016 Planning Cases\2016-18- HEN Expansion - 8303 Audubon Road\approval letter
IDI Distribution, Planning Case #2016-18
August 1, 2016
Page 5 of 5
And,
C. The vacation of a portion of the public drainage and utility easement dedicated with the
Audubon Corporate Center 1St Addition plat.
Two signed mylar copies of the final plat shall be submitted to our office for signatures. One
1 "=200' scale mylar reduction of the final plat, three 1"=200' scale paper reductions of the final
plat and one 1 "=200' scale paper reduction of the final plat with just street names and lot and
block numbers shall be submitted. In addition, a digital copy in Axf format and a digital copy in
.tif format (pdf compatible) in Carver County coordinates of the final plat shall be submitted.
The fees in the amount of $64,041.69 must be paid prior to recording the final plat. All current
year taxes must be paid in full and any delinquent property taxes or green acres tax.
Enclosed is the site plan agreement for the IDI Distribution expansion which was approved for
development in Chanhassen on July 25, 2016 by the City Council and incorporates the
conditions of approval for the site plan. The site plan agreement must be executed by Eden
Trace Corporation and Equitable Holding Co. LLC. This agreement must be recorded at Carver
County within 120 days of the approval (by November 22, 2016) and prior to the issuance of a
building permit. The required security of $65,000.00 shall be submitted to the city in
conjunction with the site plan agreement. A separate building permit application and review is
required.
The city will submit all the necessary documents to Carver County for recording. Processing of
the final plat documents prior to recording usually takes approximately two weeks upon receipt
by the city.
If you have any questions or need additional information, please contact me at
bgenerous(r ei.chanhassen.mn.us or (952) 227-1131.
Si e y,
Robert Generous, AICP
Senior Planner
Enclosures
Equitable Holding Co. LLC.
ec: Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
Jerry Mohn, Building Official
Jill Sinclair, Environmental Resource Specialist
Stephanie Smith, Project Engineer
G:\PLAN\201v' Planning Cases\2016-18-1D1 Expansion - 8303 Audubon Road\approval letter
CITY OF CHANHASSEN
SITE PLAN AGREEMENT # 2016-18
IDI DISTRIBUTION EXPANSION
SPECIAL PROVISIONS
AGREEMENT dated July 25, 2016, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 26,962 square foot, main floor building expansion with an 8,555 square -foot second story
(referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1,
Audubon Corporate Center and Lot 1, Block 1, Audubon Corporate Center 2nd Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Permit 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 Permit, the written terms shall control. The plans are:
Plan A --Site Plan prepared by Sambatek, dated July j, 2016,
Plan B—Grading, Drainage and Erosion Control Plans prepared by Sambatek, dated July 1, 2016.
Plan C --Landscaping Plan prepared by Sambatek, dated July 1, 2016.
Plan D – Utility Plan prepared by Sambatek, dated July 1, 2016.
Plan E – Building Plans prepared by Houwman Architects dated June 16, 2016
4. Time of Performance. The Developer shall install all required screening and landscaping
by September 1, 2017. The Developer may, however, request an extension of time from the City.
If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$65,000.00 (erosion control, landscaping storm water). 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:
Mark Undestad
Eden Trace Corporation
8821 Sunset Trail
Chanhassen, MN 55317
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by 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 subject to the following
conditions:
Building Official
a. The building is required to have automatic fire extinguishing system.
b. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
c. Soil evaluation (geo-technical) report required.
d. Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
e. Detailed occupancy related requirements will be addressed when complete building pians
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.
Engineering
a. Outlot A must be platted as a lot and combined with Lot 1, Block 1 prior to recording the
site plan agreement.
b. The applicant's surveyor shall show all easements of record on the existing based on a
recent (within 90 days) title search of the parcel prior to recording the site plan agreement.
c. Prior to recording the site plan agreement, the applicant must vacate the drainage and utility
easement over the storm sewer they are removing.
d. Prior to recording the site plan agreement, the applicant shall submit a concept -level design
for storinwater that would meet the watershed district requirements if the additional parking
spaces were to be added at a future date.
e. Prior to a notice to proceed, the grading plan shall be revised to show the existing and
proposed elevation shots where the new curb line will tie-in to the existing curb.
f The Emergency OverFlow (EOF) locations and elevations shall be added to the grading and
utility plan sheets.
g. The applicant must submit a soils report to the city prior to recording the site plan
agreement.
h. During construction, the infiltration basin area shall be protected from compaction and
disturbance during construction.
i. The infiltration basin area shall not be excavated prior to substantial completion of the site
work and stabilization of the slopes.
j. After construction, the infiltration basin shall be tested by a third party for penneability to
ensure that it is functioning per the stonnwater modeling submitted by the applicant. The
infiltration basin must pass the permeability testing prior to an issuance of a permanent
certificate of occupancy.
k. The applicant must submit a SWPPP and erosion control plan per City Code §19-145 for
staff review prior to recording the site plan agreement.
1. Prior to recording the site plan agreement, escrow shall be provided to the city for
construction of erosion and sediment control measures and the infiltration basin.
in. The applicant shall obtain pennits from all appropriate regulatory agencies and comply with
their conditions of approval.
n. The parking lot plan shall be revised to meet the Chanhassen City Code requirements for
driving aisles for 90° parking spaces or to use angled parking prior to a notice to proceed.
o. The plan must follow all applicable State and Federal guidelines and accessibility for the
parking lot and sidewalk construction.
p. Water main to be installed for this project shall be privately owned and maintained during
and after construction.
q. Private water main shall be installed per the most current version of the City of Chanhassen
Standard Specifications and Detail Plates, which shall be included in the construction
specification documents for this project prior to a notice to proceed.
r. Permits from the appropriate regulatory agencies will be required, including the MPCA and
the Dept. of Health prior to a notice to proceed.
s. Prior to a notice to proceed, the applicant's engineer shall verify whether there is a conflict
at the storrrn sewer/water main crossing for the relocated hydrant on the east side of the
building, and alter the plans if necessary to remediate the conflict.
t. City and Metropolitan Council SAC and WAC charges will be collected with the building
permit at the units determined by the Metropolitan Council and the rate effective at the date
of permit.
Natural Resources
a. All existing trees to the north and west of the parking lot expansion shall be protected by
tree preservation fencing. Fencing shall be installed and approved by the city prior to any
grading.
Planning
a. The applicant shall enter into a site plan agreement and provide the necessary securities
required by it.
b. Dumpsters, if placed outside, shall be properly screened.
Water Resources
a. The applicant shall apply for and receive a General Permit Authorization to Discharge
Stormwater Associated with Construction Activity Under the National Pollution Discharge
Elimination/State Disposal System (NPDES Construction Permit) prior to the issuance of a
building permit or any earth disturbing activities.
b. The applicant must demonstrate that they can achieve the 90% TSS and 60% TP removal
using removal efficiencies recognized as industry standards or otherwise justifiable prior to
issuance of a building permit.
c. The applicant must provide the water quality modeling, in both a summary and the actual
electronic model used to the city for review and approval prior to issuance of the building
permit.
d. The plan submittal must also include a detail of the infiltration basin consistent with the
Minnesota Stormwater Manual prior to issuance of a building permit. This detail must
include any soils corrections, basin protections and planting plans and schedules in addition
to other necessary design elements.
e. The infiltration basin must be placed within a drainage and utility easement.
f. The applicant shall prepare an operations and maintenance manual specific to the
infiltration feature including anticipated inspection schedule, routine maintenance and
frequency of said maintenance and supply a copy to the city prior to issuance of a building
permit.
g. The two outfalls into the infiltration basin shall be combined into one and a sump manhole
with a minimum depth of 4 feet shall be constructed at the last CBMH prior to discharging
towards the infiltration basin.
h. The pipe shall come out of the last structure into the infiltration basin no stepper than one
percent (1.0%). The outfall shall be short of the basin and shall flow through a grass
channel to allow for energy dissipation and additional pretreatment.
i. The applicant shall prepare a Surface Water Pollution Prevention Plan (SWPPP) and submit
to the city for approval prior to issuance of a building permit. No earth disturbing activities
may occur until an approved SWPPP is developed. This SWPPP shall be a standalone
document consistent with the NPDES Construction Permit and shall contain all required
elements as listed in Parts III and IV of the permit.
j. The plan roust eliminate the two stalls that encroach into the secondary setback from the
wetland buffer.
k. Monuments indicating the buffer boundary will need to be shown on the plan and placed
concurrent with the erosion prevention and sediment control practices.
1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering), Riley -Purgatory -Bluff Creek Watershed District) and comply with their
conditions of approval.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF CHANHASSEN
NOW
AND:
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 20,
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
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 by
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 PERMIT
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 perfonn 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 reauirements. 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 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 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 Permit.
D. Breach of Contract. Breach of the terms of this Permit 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 Permit 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 Permit shall run with the land and may be recorded against the title to the
property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
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. Construction activities in
conjunction with new developments and city improvement projects, including but not
limited to grading, utility installation and paving, requiring the use of heavy equipment shall
be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m.
and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public 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. Co Hance 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:
L 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.
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 day of , 20
2
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
day of
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 instnament was acknowledged before me this day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, 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.