Site Plan Agreement Signed 17-16 Special ProvisionsCITY OF CHANHASSEN
SITE PLAN AGREEMENT # 2017-16
BONGARDSCREAMERY
SPECIAL PROVISIONS
AGREEMENT dated August 28, 2017, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Bongards Creamery, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for (referred to in this Agreement as the "project"). The land located in Carver County, Minnesota,
is legally described as Lot 3, Block 1, Chanhassen Business Center 2"d Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan for a 13,070
square foot, two-story building expansion 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 terns shall control. The plans are:
Plan A --Site Plan prepared by Solution Blue, Inc., dated November 16, 2016.
Plan B --Grading, Drainage and Erosion Control Plans prepared by Solution Blue, Inc., dated
November 16, 2016.
Plan C --Landscaping Plan prepared by Solution Blue, Inc., dated November 16, 2016.
4. Time of Performance. The Developer shall install all required screening and landscaping
by July 30, 2018. 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 terns of this Agreement, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$ 161,800.00 (erosion control, landscaping and 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.
PROCEDURESFOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
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 a 13,070 square foot,
two-story building expansion subject to the following conditions:
Building
a. Building(s) ate required to have automatic fire extinguishing systems.
b. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
C. Retaining walls over four high must be designed by a professional engineer and a permit
must be obtained prior to construction.
d. Structure proximity to property lines will have an impact on the code requirements for the
proposed building, including but not limited to; allowable size, protected openings and
fire -resistive construction. These requirements will be addressed when complete building
and site plans are submitted.
e. Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
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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. The applicant shall dedicate a drainage and utility easement over the existing stormwater
pipe on the northern portion of the property concurrent to recording the site plan
agreement.
b. The locations of all easements of record shall be shown on the survey based on a recent
title search prior to recording the site plan agreement.
c. The applicant shall resubmit to -scale paper copies of the civil plans, including grading
prior to City Council approval.
d. The applicant shall label the first floor elevations of buildings on adjacent lots prior to
grading on site.
e. The applicant shall revise plans to add Emergency Over -Flow (EOF) locations and
elevations shall be labeled on the grading and utility plan sheets prior to grading on site.
f The applicant's erosion control plan shall be revised to meet the requirements of 19-145
of City Code, including showing stockpile locations prior to grading on site.
g. The applicant shall submit a maintenance and operations plan for their stormwater Best
Management Practices (BMPs) prior to recording the site plan agreement.
h. The applicant shall submit annual inspection reports to the City.
i. The applicant shall coordinate with the City for inspection of the connection to public
storm structures during construction.
j. The applicant shall plug the draintile connection from the grass paver lot to the
stormwater catchbasin till staff evaluates the function of the grass paver system and
determine in -field whether the draintile connection is required or if the system can
function without it.
k. The applicant shall alter the dimensions of the grass paver lot to clear show it meets the
requirement for 9 -foot by 18 -foot parking stalls and a 26 -foot wide aisle prior to
installation of the grass pavers.
Planning
a. The applicant shall revise the primary building material from EIFS to some other
acceptable material.
b. The applicant shall provide site furnishings to the site.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
CITY OF CHANH Avq FN
I�
Gerhardt, City Manager
DEVELOPER:
BY:
Chris Freeman
Its Chief Financial Officer
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this-eday of 664060y- 20 j'%,
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 PUaL-W It -1
STATE OF MINNESOTAsg KIM T. MEUWISSEN
) I� � Notary Public -Minnesota
( SS. �_� � My Cammieelon E1gArea Jan 31, 2020
COUNTY OF )
The foregoing instrument was acknowledged before me this �� day of UOGf�c�
20 by Chris Freeman, its Chief Financi
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
NANCY RENEE COLEMAN
P. O. Box 147
s:€.
Chanhassen, MN 55317�a.Z,*1
(952)227-1100
Notary Public -Minnesota
�My Commission Expires Jan 31, 2021
.i „t
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 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, 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 site 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. Ali trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be wan -anted 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.
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 wiless
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.
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 am. and 6:00 p.m. on any weekday and 9:00 am.
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. Compliance with Laws. Ordinances and Rewulations. In the development of the site plan,
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this /0/-A day of Oc 20 i>
B
S /i?sCM�
STATE OF MINNESOTA
(ss
COUNTY OF )
The f Ing instrument was acknowledged before me this/Othday of 0 Gf
20—, by t >S r7r-c
TARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulmixl 7P.
�a o.Bnx 1a7 *NANCY RENEE COLEMAN
Chanhassen, MN 55317. Notary Public -Minnesota
(952)227d100 ` My Commission Expires Jan 31, 2021
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 l2-dayof Qd6k-/- 2d
STATE OF MINNESOTA )
)1 (ss.
COUNTY O n i N)
The foregoing instrument
20_, by n e Nc of er
L
acknowledged before me this � day of OK24---
Wjk'"YNN M. PAULYotary Pubk-Mlmmotaor nWim Epp "JW 91, 2021
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
NOTARY PUBLIC