Site Plan Agreement - Recorded CAMPBELL KNUTSON
PROFESSIONAL * ASSOCIATION
June 13, 2018
Thomas J. Campbell*
Roger N.Knutson Ms. Jenny Potter
Elliott B.Knetsch City of Chanhassen
Joel J.Jamnik 7700 Market Boulevard
Andrea McDowell Poehler
Soren M.Mattick P.O. Box 147
Henry A.Schaeffer,III Chanhassen, MN 55317
Alina Schwartz
Shana N. Conklin Re: Chanhassen —Panera Bread
Amy B.Schutt
James J.Monge,III
Jerome M. Porter Dear Ms. Potter:
David S.Kendall
Matthew K. Brokl Please find enclosed the recorded Site Plan Agreement with Panera, LLC. Said
Kurt S.Fischer document was recorded on May 21, 2018 as Carver County document number
*0,f Counsel A6623 02.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
1-
1 /-. '
Jean 0'. I son, eg. - sistant
/Jim
Enclosure
Grand Oak Office cntrr I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 5 5121
Main:65 I-452-5000
Fax:651-234-6237
SCANNED
www.ck-law.com
198093v1
Document No. A662302
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -May 21, 2018 3:32 PM
Fee: $46.00
IIIA IIIIIIIIIIIIII Kaaren Lewis
662302 County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT#2018-02
PANERA BREAD - CHANHASSEN
SPECIAL PROVISIONS
AGREEMENT dated February 12, 2018, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Panera, LLC, a Delaware limited liability
company(the"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 4,500 square foot, one-story restaurant with drive through facilities with a variance for
the use of Exterior Insulating Finishing System, EIFS, as a primary building material
(referred to in this Agreement as the "project"). The land located in Carver County,
Minnesota,is legally described as:
Lot 3, Block 1, ZAMOR ADDITION, according to the recorded plat thereof, and situate in
Carver County,Minnesota.
EXCEPTING therefrom Parcel 208A condemned by the State of Minnesota as evidenced by
Final Certificate filed October 27, 1993 as Document No. 157032 and as depicted on
MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 10-3
filed March 14, 1991 as Document N. 122284. (Abstract)
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:
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Plan A--Site Plan prepared by CEI Engineering Associates,Inc.,dated 2/19/18.
Plan B Grading, Drainage and Erosion Control Plans prepared by CEI Engineering Associates,
Inc.,dated 2/19/18.
Plan C--Landscaping Plan prepared by CEI Engineering Associates, Inc.,dated 2/19/18.
Plan D—Building Elevations prepared by Arcvision,Inc.dated 9/27/17.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 1, 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 terms of this Agreement,the Developer shall
furnish the City with a letter of credit from a bank,cash escrow,or equivalent("security")for
$158,800.00(site grading,drainage,erosion control, storm water 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:
Panera,LLC
Louis DiPietro, Senior Vice President and General Counsel
3630 South Geyer Road,Suite 100
St. Louis,MO 63127
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 4a,500 square foot,one-
story restaurant with drive through facilities subject to the following conditions:
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Building:
a. The building is required to have an automatic fire extinguishing system.
b. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
c. Sanitary and storm sewer service must comply with Minnesota State Plumbing Code(see
Table 701.1).
d. Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
e. 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 plans shall be signed and sealed by a Professional Engineer licensed in the State of
Minnesota prior to recording the site plan agreement.
b. Provide perimeter drainage and utility easements were none exist concurrent with
recording the site plan agreement.
c. The applicant must move any feature out from within the City's drainage and utility
easement, including both bioretention basins or the applicant must enter into an
encroachment agreement with the City after,but concurrent to the site plan agreement.
d. An additional drainage and utility easement shall be recorded over the two bioretention
basins concurrent with recording the site plan agreement.
e. Soil boring locations shall be shown on the grading plan prior to site grading.
f. Indicate finished floor elevation of the adjacent parcel to the east prior to site grading.
g. Provide existing and proposed elevations at each lot corner,top of curb or centerline of
the roadway at each lot line extension, center of the proposed driveway at the curbline,
and indicate the proposed driveway grade prior to site grading.
h. Indicate information to verify the lowest building opening is a minimum of 1-foot above
the emergency overflow elevation of the bioretention basins prior to site grading.
i. Identify soil stockpile areas intended within the site limits prior to site grading.
j. Address review comments identified in the attached letter from MnDOT prior to site
grading.
k. Provide Limited Use Permit(LUP) for the public sidewalk connection prior to recording
the site plan agreement.
I. Applicant shall utilize the City's standard detail for the sidewalk connection prior to site
grading.
m. Staff has requested further traffic analysis to include the Market Blvd intersection prior to
review for City Council consideration.
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n. The applicant's engineer shall also examine ways to mitigate the queueing and decreased
LOS at the W 79th Street& Great Plain Blvd intersection prior to review for City Council
consideration.
o. The applicant's engineer shall verify whether an adequate sight line is provided for
vehicles exiting the site access prior to review for City Council consideration.
p. Prior to review for City Council consideration, the traffic analysis report shall further
discuss recommendations for the timing of improvements to the W 79th St&Great Plains
Blvd intersection. The recommended 3/ intersection shall include a figure in the
Appendix showing the proposed design. Further commentary shall be included related to
its operation.
q. Plans shall show the current City detail plates and indicate all of the most up-to-date
plates shall be used when the project under construction.
r. The storm sewer piping shall be included on the utility plan prior to recording the site
plan agreement.
s. Plan shall include the bioretention basin details with elevations prior to site grading.
t. Recommend applicant review the design for the on-site hydrant. From a long term
perspective,the hydrant should be fed by the water service to the parcel it serves.
Coordinate with the adjacent property owner to abandon un-necessary water pipe.
Otherwise, a maintenance agreement between the two parcels shall be filed to define
future maintenance responsibilities and other important business protection aspects prior
to site grading.
u. Utility plan indicates 0.87%for the sanitary sewer grade. Revise plan to increase grade to
a minimum of 1%prior to site grading.
v. Sanitary sewer service shall be routed the nearest sanitary manhole to facilitate sewer
cleaning due to the zoning classification and proposed property use. Prior to site grading,
revise the plan to show the existing sanitary service connection to the main shall be
abandoned. A short liner shall be used in the sanitary main and the pipe shall be filled
with flowable fill or non-shrink grout to the property line. The line shall be capped at the
property line.
w. Staff recommends C900 PVC water main pipe material be considered.
x. Recommend testing requirements for the utility piping be considered with the utility
design. Install a new gate valve at the property line where the new water service piping
ties into the existing service piping.
y. Provide details on the plans for the grease trap prior to site grading.
z. Demolition plan shall include removal of existing service piping to the connection
locations prior to site grading.
aa. The applicant shall coordinate with City staff prior to removal or construction of the
services regarding inspection and traffic control on W 79th Street prior to site grading.
bb. Once construction is complete,the applicant shall retain ownership of the proposed
sanitary service,water service and hydrant constructed on this property. Recommend
applicant consider flushing of the water service piping when selecting the location for the
hydrant.
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cc. The applicant shall follow the accessibility code for the construction as well as all
applicable State and Federal laws.
dd. The applicant shall obtain permits from all applicable agencies which may include,but is
not limited to the MPCA, MnDOT, Riley Purgatory Bluff Creek Watershed District,etc.
Environmental Resources:
a. The applicant shall revise the landscape plan to accommodate more of the required
bufferyard trees in the south buffer yard area.
b. The interior width of all landscape islands and peninsulas containing trees must be a
minimum of 10 feet. The east island shall be enlarged to a minimum interior width of 10
feet.
c. Any existing trees scheduled to be preserved that are lost due to construction activities
shall be replaced.
d. The Colorado spruce listed in the Plant Schedule shall be replaced with Black Hills
spruce.
e. Existing ash trees that are preserved must be treated for EAB, as approved by the city.
Failure to treat the trees,resulting in their death,will require replacement trees to be
planted.
Planning:
a. The applicant shall enter into a site plan agreement with the city and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. A copy of the cross access/parking agreement shall be submitted to the city.
c. Wall lighting and the trash enclosure lighting shall comply with city code.
d. The proposed monument sign shall be relocated on the site to comply with city code.
e. Signage shall comply with city code and requires separate sign permits for each sign.
f. Bike racks shall be incorporated on site near the access sidewalk from Highway 5.
g. EIFS may be used provided that it is the Outsulation system with hydroponic coating,or
equivalents, installed with proprietary reinforcing meshes a minimum of six feet above
grade.
h. The entrance canopies and patio enclosure shall be painted a contrasting color from the
bronze windows and doors.
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Water Resources:
a. Six inches of topsoil is required and will be verified by city staff. In grading notes on
page C3 it states 4 inches.
b. Topsoil needs to be specified.
c. Sequencing of Construction identifies no. 5 as to construct the temporary sedimentation
and sediment trap,but nowhere in the grading plan is it identified. Plans should identify
the bio-filtration basins be graded to be used as temporary sediment basin,along with
temporary outlets to allow stormwater to be pumped and drained too, during construction
of the site.
d. A design and planting plan approved by the Water Resources Coordinator is required for
this high visibility location. Seed mix is insufficient for these vegetated basins. You must
use species native to the ecoregion.
e. Sock should be eliminated from drain tile. Buckshot and or pea rock to surround
underdrain pipe.
f. Underdrain tile needs to be identified. Should be a HDPE Corrugated perforated plastic
tile. SCH 35,40 PVC pipe is not allowed for underdrain.
g. Tile in bio-filtration basin needs to be placed on a minimum grade of 0.5 percent.
h. Plan details need to show a profile of the bio-retention basin with the grade of the tile
placement.
i. All quantities of materials to be used,and specifications need to be identified on plan
sheet for contractor to bid and to construct.
j. Mixed D soil may not be used. We only use 75 percent washed sand and 25 percent leafy
compost.
k. Bio-filtration basin should be identified in sequencing that it should not be completed
until all surrounding watershed to basins are stabilized.
1. City staff to be called,and be on site when contractor is installing bio-filtration basin to
make sure the existing subsoil is scarified 18 inches below surface in bio-filtration basin
m. Contractor to have written statement as part of the pre-construction meeting, the means
and method of how they plan to scarify and protect the subsurface from compaction in the
bio-retention basin.
n. An approved operation and maintenance plan is required for all stormwater treatment
devices. Including contact information for person(s)responsible for maintenance as well
as person(s)performing onsite inspection and maintenance duties. The city must approve
operation and maintenance plans prior to permits being issued.
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o. The city will hold the security on the project until vegetation is well established and the
planting is free of weeds. This may take a few growing seasons to achieve.
p. An additional drainage and utility easement shall be recorded over the drainage basins
located west and south of the parking lot.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
a
:, :,�.�`� ,�._•..••.... j. CITY OF CHANHASSEN
41c
r. i :-t yr! BY:
_ ?N w Denny ufenbur r, Mayor
AND:
y,, N? Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
. /h
The foregoing instrument was acknowledged before me this day of , 20 ig,
by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of C nhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
a
OT 1'Y PUBLI
tNuR,„+,
�. •�'��... KIM T. MEUWISSE
�3 Notary Public-Minnesota
?+. �My Commission Expires Jan 31,2020
7
0
AipBY:r__
Louis DiPietro
Its Senior Vice President and General Counsel
Co mm oruuecaJ +h of
Yyt a53
STATE OF MINNESOTA )
COUNTY OF Niori K-- ) ss.
The foregoing instrument was acknowledged before me this 17+n day of A P' (( 20 1$
by Louis DiPietro, Senior Vice President and General Counsel, Panera, LLC, a Delaware limited
liability company.
l-tli(1 Ltan CLIUL
NOTARY PUBLIC
DRAFTED BY: A ROBIN MANCINI
City of Chanhassen Notary Public
7700 Market Boulevard I JCOMMONWEALTH OF AAASSACHUSETTS
P.O.Box 147 My Commission Expires
Chanhassen,MN 55317 December 9, 2022
(952)227-1100
8
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. 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
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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 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.
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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
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. 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.
I1
FEE OWNER CONSENT
TO
SITE PLAN AGREEMENT#2018-02
Chanhassen Inn,Inc., a Minnesota corporation, fee owner of all or part of the subject
property, the development of which is governed by the foregoing Site Plan Agreement#2018-02,
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 it.
Dated this day of \��Q� , 2018.
CHANHASSEN INN,INC.,
A Minnesota corporation
2 By 0 ,-SUN)
Larry Zamo , Its Vice-President
By _ � C�i)•N\V V
J amor, Its C ief E cutive Officer
STATE OF MINNESOTA )
( ss
COUNTY OF C13 O Y )
The foregoing instrument was acknowledged before me this ) Lit-day of
May , 2018,by Larry Zamor and Jean Zamor,respectively the Vice-President and
Chief Executive Officer of Chanhassen Inn, Inc., a Minnesota corporation, on behalf of the entity.
ilkftUf2--
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen ,°' ANNE KATHRYN LUNDELL
7700 Market Boulevard ' ^, Notary Public-Minnesota
P.O.Box 147 *4•`'';;'>` My Commission Expires Jen 31,2021
Chanhassen,MN 55317
(952)227-1100
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