Recorded -Site Plan Agreement for West Park (Phase II - South Parcel)Document No. A662281
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -May 21, 2018 12:13 PM
Fee: $46.00
1111111111111111111
662281
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2017-12
WEST PARK (Phase H - South Parcel)
SPECIAL PROVISIONS
Kaaren Lewis
County Recorder
THIS AGREEMENT ("Site Plan Agreement") dated July 24, 2017, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and PULTE HOMES OF
MINNESOTA LLC, a Minnesota Limited Liability Company (the "Developer"). This agreement will
govern land described in Exhibit A.
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for construction of 82 townhouses (West Park) (64 north of Lake Susan Drive and 18 south of Lake Susan
Drive), Planning Case 2017-12 (referred to in this Site Plan Agreement as the "Project"). The land is legally
described in the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Site Plan Agreement and furnishes the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of
this Permit, the written terms shall control. The plans are:
Plan A: (1 of 23) Title Sheet dated Received June 20, 2017, prepared by Alliant Engineering.
Plan B: (2 of 23) Detail Sheet dated Received June 20, 2017, prepared by Alliant Engineering.
Plan C: (3 of 23) Detail Sheet dated Received June 20, 2017, prepared by Alliant Engineering.
Plan D: (1 of 2) Existing Conditions Survey dated Received June 20, 2017, prepared by Alliant Engineering
Plan E: (2 of 2) Existing Conditions Survey dated Received June 20, 2017, prepared by Alliant Engineering
Plan F: (6 of 23) Site Plan (North Parcel) dated Received June 20, 2017, prepared by Alliant Engineering
SP -1
Plan G: (7 of 23) Grading and Drainage Plan (Overall) dated Received June 20, 2017, prepared by Alliant
Engineering.
Plan H: (8 of 23) Grading and Drainage Plan (North Parcel) dated Received June 20, 2017, prepared by Alliant
Engineering.
Plan I: (9 of 23) Erosion and Sediment Control Plan (Overall) dated Received June 20, 2017, prepared by
Alliant Engineering.
Plan J: (10 of 23) Erosion and Sediment Control Plan (North Parcel) dated Received June 20, 2017, prepared
by Alliant Engineering.
Plan K: (11 of 23) Erosion and Sediment Control Notes and Details dated Received June 20, 2017, prepared by
Alliant Engineering.
Plan L: (12 of 23) Sanitary Sewer and Watermain Plan dated Received June 20, 2017, prepared by Alliant
Engineering.
Plan M: (13 of 23) Sanitary Sewer Forcemain Plan and Profiles dated Received June 20, 2017, prepared by
Alliant Engineering.
Plan N: (14 of 23) Sanitary Sewer Forcemain Plan and Profiles Received June 20, 2017, prepared by Alliant
Engineering.
Plan O: (15 of 23) Storm Sewer Plan dated Received June 20, 2017, prepared by Alliant Engineering.
Plan P: (16 of 23) Street Plan and Profiles dated Received June 20, 2017, prepared by Alliant Engineering.
Plan Q: (17 of 23) Street Plan and Profiles Received June 20, 2017, prepared by Alliant Engineering.
Plan R: (18 of 23) Street Intersection Details dated Received June 20, 2017, prepared by Alliant Engineering.
Plan S: (19 of 23) Tree Canopy Coverage Plan dated Received June 20, 2017, prepared by Alliant Engineering.
Plan T: (20 of 23) Tree Inventory and Preservation Plan (North Parcel) dated Received June 20, 2017, prepared
by Alliant Engineering.
Plan U: (21 of 23) Landscape and Reforestation Plan (North Parcel) dated Received June 20, 2017, prepared by
Alliant Engineering.
Plan V: (22 of 23) Landscape Schedule, Notes and Details dated Received June 20, 2017, prepared by Alliant
Engineering.
Plan W: (23 of 23) Landscape Details dated Received June 20, 2017, prepared by Alliant Engineering.
SP -2
Plan X: (1 of 2) Final Plat Cover Sheet dated Received June 20, 2017, prepared by Alliant Engineering.
Plan Y: (2 of 2) Final Plat dated Received June 20, 2017, prepared by Alliant Engineering.
Plan Z: (EL 1, 2, & 3) Building Control Plans dated October 7, 2016, prepared by Pulte Homes Minnesota
Division.
Plan AA: Color Palette and material sample.
Plan BB: (L1) Town homes Landscape Plans dated May 15, 2017, prepared by Aaron Hanson.
4. Time of Performance. The Developer shall install all required screening and landscaping
by July 31, 2019. The Developer may, however, request an extension of time from the City. If an exten-
sion 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 $ 39,444.13. This amount has been calculated at a rate of 110% of the actual value of
improvement and will be included in the security required by the Development Contract. The City will
release the security posted in accordance with the City Code.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the
following address:
Chad Onsgard
Pulte Homes of Minnesota, LLC
7500 Flying Cloud Drive, Suite 670
Eden Prairie, MN 55344
Phone: 952-229-0723
e-mail: Chad.Onsgard(a PulteGMup.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 July 10, 2017, the City Council adopted the following
motion:
"The City Council approves Site Plan with a variance for the construction of 82 Townhouses as shown in
plans dated received June 30, 2017 — Planning Case 17-12 - subject to the following conditions:
SP -3
Engineering
1. The applicant shall submit the full SWPPP document to the city for review prior to grading on site.
2. No parking signage shall be installed at all turnarounds to keep them open for public safety access.
3. All private street signage shall comply with the MN Manual on Uniform Traffic Control Devices.
4. The sidewalk and pedestrian ramps shall be constructed per the Chanhassen Standard Detail Plates.
5. All sidewalks internal to the site shall be owned and maintained by the HOA.
6. The sidewalk connection parallel to Lake Susan Drive shall be owned and maintained by the city.
7. The HOA shall be responsible for snow maintenance on sidewalks adjacent to HOA property.
8. The applicant shall revise plans to call out the size of proposed water main.
9. The applicant's engineer shall add a column to the stormwater pipe/structure table to list the
velocities of the pipes.
10. Stormwater pipe within the development shall be privately owned and maintained.
11. The storm sewer/water main crossing near CB MH 702 may be in conflict. The applicant's engineer
shall verify this when the utility profiles are drafted.
12. The applicant shall meet the minimum requirements for stormwater set forth in City Code §9 -VII and
requirements of the Riley -Purgatory -Bluff Creek Watershed District.
13. The applicant must obtain a permit from RPBCWD prior to grading the site.
14. The applicant is responsible for obtaining permits from applicable regulatory agencies (MDH,
MPCA, MnDOT, etc.) prior to construction.
15. The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to
the General Permit Authorization to Discharge Stormwater Associated with Construction Activity
Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction
Permit).
16. Sidewalk constructed within MnDOT right-of-way may require an Limited Use Permit (LUP).
17. The plan for flared stormwater pipes that discharge into the pond, infiltration basin and right-of-way
shall be modified to have non-erosive velocities (3.5-5.0 feet per second).
SP -4
18. The pipe from FES 500 to OCS 501 shall be modified to have a slope of 1.00% or greater to prevent
standing water and reduce the potential for ice damage.
Building
1. Accessibility must be provided to all portions of the development and a percentage of the units may
also be required to be accessible or adaptable in accordance with Minnesota State Building Code
Chapter 1341. Further information is needed to determine these requirements.
2. Buildings are required to be protected with an automatic sprinkler system. For the purposes of this
requirement property lines do not constitute separate buildings.
3. The buildings will be required to be designed by an architect and engineer as determined by the
Building Official.
4. The developer must submit a list of proposed street name(s) to the Fire Marshal and Building Official
for review and approval prior to final plat of the property.
5. Demolition permits must be obtained before demolishing any structures on the site. Application for
such permits must include hazardous substances investigation and proposed mitigation reports.
6. A final grading plan and geotechnical (soils evaluation) report must be submitted to the Inspections
Division before permits will be issued.
7. Walls and projections within 5 feet of property lines are required to be of one-hour fire -resistive
construction.
8. Retaining walls over four feet high require a permit and must be designed by a professional engineer.
9. Each lot must be provided with separate sewer and water services.
10. The developer and/or their agent shall meet with the Inspections Division as early as possible to
discuss plan review and permit procedures.
Fire Marshal
1. A three-foot clear space must be maintained around fire hydrants.
2. Street signs (temporary allowed) shall be installed prior to building permits being issued,. Fire Chief
must approve signage.
3. Prior to combustible construction fire hydrants shall be made serviceable.
4. Prior to combustible home construction fire apparatus access roads capable of supporting the weight
of fire apparatus shall be made serviceable.
SP -5
5. Relocate the fire hydrant on Stonegate road eighty (80) feet to the west. (At the intersection of
Stonegate and Stonegate)
6. On Eagle View Road add a fire hydrant between block 5 and block 6.
7. In order to avoid duplicating street names, submit new proposed street names to Fire Chief and
Building Official for review and approval.
Planning
1. Approval of this site plan is contingent upon approval of the final plat for Gateway North.
2. The applicant shall enter into a site plan agreement.
3. The building shall comply with the Planned Unit Development building setback requirements"
8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit
"B" and incorporated herein.
i CITY OF CHANHASSEN
!; BY:
Denny fe urg , Mayort
(SEAL)
° AND:
odd Gerhardt, City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 14 day of _ Mom 2018, 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
JENNIFER ANN POTTER
Notary Public -Minnesota
Myr Commission Expim Jan 31, 2020
01m,
DEVELOPER: PULTE HOMES OF MINNESOTA LLC:
BY:
Eric Pad ice Presi ent of Land
STATE OF MINNESOTA )
) ss
COUNTY OF tAcN N ep1 » )
The foregoing instrument was acknowledged before me this 3 day of M W Y ,
2018, by Eric Padget, Vice President of Land of Pulte Homes of Minnesota LLC, a Limited
Liability Company, on behalf of the company.
,grin :,4 JENNIfERLYNNEMUJWID•HERRMANN
. v Notary Public
Vt
:�Minnesota1� My Commission Expires NO PUBLIC
Jan 31, 2021
It : 'TIII��I:�VI
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
SP -7
SITE PLAN AGREEMENT
EXIFIIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
South Parcel
Lots 1, 2, 3, 4, 5, and 6, Block, 1;
Lots 1, 2, 3, 4, 5, and 6, Block, 2;
Lots 1, 2, 3, 4, 5, and 6, Block, 3;
Outlot A and Outlot B;
All in West Park Second Addition, Carver County, Minnesota.
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXIFHBIT "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, Plans I, J, and K, 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, Plans U, V, and W,
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 $3,585.83 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.
GC -1
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and
development. The Developer shall indemnify the City and its officers and employees for all costs, damages,
or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all
plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the
rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the
work in default, not less than four (4) days in advance. This Site Plan Agreement is a license for the City to
act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When
the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in
part.
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 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.
GC -2
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 furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter
into this Site Plan Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of the improvements
or any other purpose for which the Developer may make use of such property. The Developer further agrees
that it will 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.
GC -3