Site Plan Agreement Fully Executed CITY OF CHANHASSEN
SITE PLAN AGREEMENT#2019-08
TEQUILA BUTCHER
SPECIAL PROVISIONS
AGREEMENT dated September 9, 2019, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation,(the"City"),and Chanhassen Butcher, LLC,a Minnesota Limited
Liability Company(the"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to
permit the addition of 946 square feet of hardcover to permit 73 percent hardcover(referred to in this
Agreement as the"project").
The land located in Carver County, Minnesota, is legally described as Lot 4, Block 1, Crossroads
Plaza 3" Addition,Carver County, Minnesota.
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 CNH Architects,dated 08/22/19.
Plan B-Grading, Drainage and Erosion Control Plans prepared by Westwood Professional
Services, Inc.,dated 08/16/19.
Plan C - Landscaping Plan prepared by CNH Architects,dated 08/22/19.
Plan D- Floor/Furniture Plan Exterior Elevation prepared by CNH Architects,dated 08/22/19.
4. Time of Performance. The Developer shall install all required screening and landscaping by
November 30, 2019. 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.
1
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
$8,800.00 (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.Rheata Donatell
Chanhassen Butcher,LLC
14663 Quebec Place
Savage,MN 55378
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 restaurant expansion to
include two exterior patios of 900 and 677 square feet with a variance to permit the addition of
946 square feet of hardcover to permit 73 percent hardcover subject to the following conditions:
Building
a. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
b. 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.
c. Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
2
Engineering
a. All newly proposed pedestrian access routes shall be ADA compliant.
b. An Encroachment Agreement Application shall be filed for any structures places in public
drainage and utility easements.
c. Grading plans shall be updated to include erosion control Best Management Practices upon
submittal of building permits.
d. Site plan shall be updated upon submittal of building permits to include:
1) Legend
2) Engineering scale
3) Vicinity map
4) Existing utilities(and services)
5) Detail plates
6) Call 811 notes
Fire
a. Remodel of interior will require separate fire sprinkler, fire alarm. and kitchen hood
suppression system permits.
b. Sprinklers will possibly be required under exterior covered patio ceiling.
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. The applicant shall install an additional over-story tree to the southeast of the south deck.
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.
CITY OF CHANHASSEN
BY: G ///t/k.
lise ,Mayor
AND: r-d
Todd Gerhardt,City Manager
3
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this=Vtday o ,m,�,,,r2019 ,by
Elise Ryan. 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.
A91114;k...,717
NOTARYP BLT
I " `" KIM T. MEUWISSEN
•! Notary Public-Minnesota
i,.,":,,. My Commission Expires Jan 31,2025
CHANHASSEN BUTCHER, LLC �
BY: U—YI-Ce-tj "G
Rheata Donatell, Owner/Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF A/jo4c•- )
The foregoing instrument was acknowledged before me this If day of Se ,
20 /r by Rheata Donatell, Owner/Manager, of Chanhassen Butcher, LLC, a Minnesota Limited
Liability Company.
4TARY PUBLIC
DRAFTED BY:
Cry ofChanhassen::27-17.04::::; ERIC LUISNEGRON77(10 Market Boulevard - NOTARYPUBLIC MINNESOTAP.o.Box 147fMY COMMISSION EXPIRES 01/31/2022
Chanhassen,MN 55317 ~=' ''
(952)227-1100
4
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "A"
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: I)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 acceptance.
7. Responsibility for Costs.
5
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.
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,
6
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.
7
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 i 7 day of ',Cep n 4- , 20_
B
ay Scott. Presiders reasurer
STATE OF MINNESOTA )
(ss.
COUNTY OF ) c
The foregoing instrument was acknowledged before me this 1 day of Je' r ,
20 I1 by Jay Scott,President/Treasure of Chanhassen West 79`h Street, LLC,a Minnesota Limited
Liability Company.
s, NO ARY PUBLIC
< '4t. JEAN M SAVAGE
NOTARY PUBLIC-MINNESOTA
MY COMMISSIO
DRAFTED BY: N EXPIRES 01/31/20
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
8
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Charter Bank ,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 I ti 4k day of S v° e , 20 14 R.
,'-, Ix -Kk.-N- iP,? 5 ., I , „- -
STATE OF MINNESOTA )
(ss.
COUNTY OF ��` �'� )
6.6
ifa The foregoing instrument was acknowledged before me this day of -eI � 2
20 ,by /YiUdi 11/ '1' •
NOTARY PUBLIC
"`; `` JEAN M SAVAGE
o ~: NOTARY PUBLIC-MINNESOTA
fi•,._ . L� MY COMMISSION EXPIRES 01/31/20
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
9