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CK Transmittal and Documents for Recording CITY OF CHANHASSEN LETTER OF TRANSMITTAL ENGINEERING DEPARTMENT 7700 Market Boulevard DATE JOB NO. P.O. Box 147 8/30/19 PC 2019-06 CHANHASSEN, MN 55317 ATTENTION (952) 227-1160 FAX (952) 227-1170 Jean Olson RE: Camp Tanadoona SPR TO: Campbell Knutson PA Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/8/19 2019-05 Site Plan Permit THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Jean, please contact Bob Generous at 952-227-1131 or bgenerous@ci.chanhassen.mn.us with any questions regarding the attached document. Thank you. COPY TO: SIGNED: LC/ YVL.. Lti `• (r " Jean Steckling, (952) 227-1106 If enclosures are not as noted,kindly notify us at once. CITY OF CHANHASSEN SITE PLAN PERMIT 2019-05 CAMP TANADOONA SPECIAL PROVISIONS AGREEMENT dated July 8, 2019 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Camp Fire Minnesota(the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for the construction of a 10,500 square foot dining hall(referred to in this Permit as the"project"). The land is legally described as: ALL THAT PART OF GOVT LOT 9 IN SEC 8, AND ALSO ALL PART OF SW1/4 NW1/4 OF SEC 9; ALL LYING NLY OF THE FOLLOWING DESCRIBED: COMM AT THE SE CORN SW1/4 NW 1/4 OF SEC 9' TH N69*W 1585.7'; TH N86*W 1210' TO THE SHORE OF LAKE MINNEWASHTA. And ALL THAT PART OF SW1/4 NE1/4 AND SE1/4 NW 1/4 LYING WLY OF THE CENTERLINE OF STATE TRUNK HIGHWAY NO. 41,AS NOW LAID OUT (FORMERLY TRUNK HIGHWAY NO. 12) EXC THAT PARCEL DESCRIBED AS FOLLOWS: THAT PART OF SW1/4 NE1/4: COMM AT THE POINT OF INTERSECTION 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance 1 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 dated May 17, 2019, prepared by Carlson McCain Plan B—Grading, Drainage, and Utility Plan dated May 17, 2019,prepared by Carlson McCain Plan C—Landscaping Plan dated May 21,2019, prepared by AFLA Landscape Architects 4. Time of Performance. The Developer shall install all required screening and landscaping by May 29, 2020. 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 or cash escrow in the amount of $71,000 ($66,000 - landscaping, $2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). 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 ensure the installation of said landscaping. 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: 2 Camp Fire Minnesota cc: Attn: Marnie Wells, CEO Magney Architecture 4829 Minnetonka Blvd, Unit 202 Attn: Tammy Magney, AIA St. Louis Park, MN 55416 540 Lake Street (612) 284-6816 Excelsior, MN 55331 marniew@campfiremn.com (612) 701-7117 tmagney@mchsi.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 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. Approved Site Plan#2019-05 as shown on the plans dated May 17, 2019 and subject to the following conditions: Building 1. The building is required to have automatic fire extinguishing systems. 2. Demolition permits must be obtained prior to demolishing any structures on the site. 3. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 4. Building plans must include a code analysis that contains the following information: Key Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. 5. Detailed occupancy-related requirements will be addressed when complete building plans are submitted. 6. Structure proximity to property lines (and other buildings) 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. 7. Retaining walls (if present)more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. Engineering and Water Resources 1. Provide top of wall and bottom of wall elevations for entire retaining wall build, which includes retaining wall built below grade, i.e. bottom of wall. 2. Salvage existing topsoil and indicate all proposed stockpile location(s) on the plan. 3. Connection to the existing sanitary sewer manhole will require a core drill and installation of a boot to facilitate a water-tight connection. 3 4. Appropriate city permits for construction within the public right-of-way shall be obtained prior to construction. Work within city streets requires a traffic control plan. 5. A preconstruction meeting with Public Works and Engineering shall be scheduled by the contractor prior to the connection of any public utilities. 6. All call-outs on construction plans that reference a detail shall be updated to incorporate the sheet the detail is illustrated on and the detail number referenced for construction. 7. Watermain fittings shall be epoxy coated. 8. Hydrant lead pipe shall be C900 PVC. 9. The Contractor shall examine the existing 6-inch gate valve identified to remain. If mild steel bolts are in-place on the valve or as part of the fittings the bolts shall be changed out with stainless steel or Cor-Blue bolts. 10. It is the applicant's responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project(i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, MPCA, etc.). Environmental Resources 1. All tree proposed for preservation shall be protected with tree preservation fencing installed at the dripline or furthest point possible away from the trunk. Fencing shall remain in place until construction is completed. 2. A walk through of the tree preservation fencing prior to start of construction is required. Fire 1. Full Fire Alarm and Full Sprinkler system required in the new structure. 2. Hydrant locations are acceptable. 3. No parking Fire Lane signs will be needed on both sides of all roads under 26 feet in width.Yellow curb paint is required on both sides of all roads under 26 feet in width where curbs are present. 4. Parking shall be limited to designated parking spaces. 5. Provide information showing that the gravel roadway can support up to 75,000 pounds. 6. All landscaping, rocks, planters, etc. will need to be kept back away from the roadway to allow for proper turnaround of emergency apparatus. Additional space shall be provided along all sides of the turnaround lane and entrance to allow for property maneuvering. The location and design of all landscaping, rocks, plants etc, within 3 feet of the turnaround lane and entrance is subject to the review and approval of the Fire Marshal. Planning 1. The applicant shall enter into a site plan agreement and provide the security required by it prior to receiving a building permit. 2. The applicant may install directional and wayfinding signage as need for the safe and efficient navigation of the site,provided it meets the height, size, and location standards in section 20-1255(2) of the City Code. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. 4 A CITY OF CHANHASSEN BY: E e Ryan, Ma r (SEAL) JAiv AND:_. 49-11(1 odd Gerhardt, City Manager DEVELOPER: BY: iii?—_ 9(k Its �- STATE OF MINNESOTA) (ss COUNTY OF CARVER ) d The foregoing instrument was acknowledged before me thisDrday of L 4- , 2019, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City o hanhassen, a Minnesota municipal corporation, on behalf of the corporati n and pursuant to the authority granted by its City Council. NOTARY PUBLIC 4.,, ;,V , KNotIMT. MEUWISSEN bk_Min nesota commission ExPinsJan 3 6 5 STATE OF MINNESOTA) (ss COUNTY OF ( 441 ci-� ) The foregoing instrument was acknowledged before me this I LI day of /1„,„...-c1-- 2019 by DA.,; t r NOTARY PUBLIC DAVID J HECKER NOTARY PUBLIC MINNESOTA DRAFTED BY: �'� 'Y My Cammissicn Expos Jan.31,2022 City of Chanhassen 7700 Market Boulevard P.0.Box 147 Chanhassen,MN 55317 (952)227-1100 6 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. 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 property 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 7 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 materials that have blown, 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 from a bank or cash escrow with 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 8 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 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 9 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, 10 power or remedy. J. Construction Hours. The normal construction hours and maintenance of equipment 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. 11 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. 0. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 12 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract 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 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 13 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 f4 day ofQ , 2019 By fYIV...R& EO STATE OF MINNESOTA ) ( ss COUNTY OF 6Aviz.e ``c,-) ) The foregoing instrument was acknowledged before me this 19 day of -ct— , 2019,by —b,. .. NOTARY PUBLIC DAVID J HECKER NOTARY PUBLIC MINNESOTA My Commission Expires Jan.31.2022 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O.Box Chanhassen,MN 55317 (952)227-1100 14