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Site Plan Agreement - FinalDocument No. T199469 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Certified Recorded on -June 27, 2016 2:30 PM Cert # 37532 CITY OF CHANHASSEN SITE PLAN AGREEMENT #2015-19 LAMETTRY'S COLLISION & GLASS SPECIAL PROVISIONS Fee: $46.00 Luke C Kranz Registrar of Titles 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 July 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 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. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. 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. 2 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. En ing_eering_ 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 #L 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. E 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. M STATE OF MINNESOTA ( ss COUNTY OF CARVER CITY OF CHANHASSEN odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this q day of -JL4K , 2016, 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. JENNIFER AN POTTER Notary Public -Minnesota My CommUlan Expiroe An 31, 2Q20 J B r STATE OF MINNESOTA ) ( ss. COUNTY OF ) NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of JAM, , 2016 by�K)t.(A u, the i,► of J & R Chanhassen, LLC, a Minn sota Limited Liability Corporation. A ij LNOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard � 1j4 JENNIFER ANN POTTER P. O. Box 147 Notary Public -Minnesota +^�-,;;�;'• My Commission Expires Jan 31, 2020 Chanhassen, lM1N 55317 (952)2.27-1100 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 City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold t he City and its officers and employees harmless froiil 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 development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. S. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Agreement. D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Agreement shall run with the land and may be recorded against the title to the property. 1. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall 7 not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. EXHIBIT B Those parts of the following described land: That part of the Southeast Quarter of Section 15, Township 116 North, Range 23, West of the 5th Principal Meridian described as: Beginning at the Northeast corner of said Southeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest corner of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curve concave to the Northwest having a radius of 1859.86 feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds East, not tangent to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet, along a tangential curve, concave to the right having a radius of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32 feet which bears South 36 degrees 48 minutes 57 seconds West; thence North 56 degrees 57 minutes 24 seconds East not tangent to last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 01 degree 15 minutes 22 seconds West a distance of 72.51 feet along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof. Subject to easement for County State Aid Highway No. 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described; thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degree 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet; thence South 08 degrees 36 minutes 50 seconds West, a distance of 40. 11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 15 degrees 39 minutes 39 seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17 seconds East, a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East a distance of 3.27 feet to a point on the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, said point distance 586.57 feet Northeasterly of the Southwest corner of the above described property, as measured along said Northerly Railroad line, and said line there terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal Meridian described as: Beginning at the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds West along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Lying westerly of a line which commences at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the southerly boundary of the above described land and the Northerly line of the Milwaukee. St. Paul and Pacific Railroad, 496.53 feet; thence continuing on the southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02 minutes 36 seconds East, 12.50 Let; thence continuing on the southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds West, 1319.26 feet to a point of cusp; thence continuing on the southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad on. a non- tangential curve concave to the northwest, 120.34 feet, said curve has a radius of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32 feet which bears North 36 degrees 48 minutes 57 seconds East; thence North 35 degrees 03 minutes 24 seconds East, tangent to the last curve, 22.98 feet; thence South 56 degrees 57 minutes 24 seconds West, 27.39 feet to the point of beginning of the line to be described; thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet; thence North 42 degrees 07 minutes 35 seconds East, 236.51 feet; thence North 54 degrees 19 minutes 50 seconds East, 265.99 feet; thence North 30 degrees 36 minutes 51 seconds East, 270.37 feet; thence North 04 degrees 41 minutes 43 seconds East, 150.59 feet; thence North 69 degrees 18 minutes 05 seconds East, 190.05 feet; thence North 42 degrees 40 minutes 05 seconds East, 116.79 feet to a point on the north line of said Southeast Quarter of Section 15, distant of 747.57 feet west from said East Quarter corner of said Section 15, where said line terminates.