Site Plan Agreement - Recorded 9-23-19 0 CAMPBELL KNUTSON
PROFESSIONAL ♦ ASSOCIATION
October 21, 2019
Roger N. Knutson
Elliott B. Knetsch
Joel J.Jamnik Ms. Jean Steckling
Andrea McDowell Poehler City of Chanhassen
Soren M.Mattick 7700 Market Boulevard
Henry A.Schaeffer,III
Alma Schwartz P.O. Box 147
Shana N. Conklin Chanhassen, MN 55317
Amy B.Schutt
James J.Monge,III Re: Miscellaneous Recordings
Jerome M. Porter
David S.Kendall
Kurt S. Fischer Dear Ms. Steckling:
Thomas J. Campbell*
Please find enclosed, for the City's files, the following documents that have been
*Retired recorded with Carver County:
1. Site Plan Agreement#2019-04 with Bauer Design Build, LLC recorded on
September 23, 2019 as document numbers T211110 and A683466;
2. mite Plan Agreement#2019-06 with LTF Real Estate Copany recorded
September 23, 2019 as document numbers T211109 and A683465;
3. Nnterim Use Permit#2019-09 regarding Moon Valley Aggregate site
recorded October 3, 2019 as document number A683996;
4. Variance 2019-10 recorded September 23, 2019 as document number
T211108;
5. Wariance 2019-12 recorded October 3, 2019 as document number A683994.
Thank you.
Very truly yours,
CAMPBELL KNUTSON CITY OF CHANHASSEN
Professional Association RECEIVED
NI OCT 242019
Jean v,'. O on, Legal Assistant CHANHASSEN PLANNING DEPT
Grand Oak Office Center I /Jim
860 Blue Gentian Road
Suite 29(1 Enclosures
Eagan,Alinne,ota 33121
Main:631-432-3000
Fax:631-23-1-6237
W\\w.ck-lau.com
202980v3
Document#: T211110 Document#: A683466
Date: 09-23-2019 Time 3:57 PM Pages: 12 Date: 09-23-2019 Time 3:57 PM Pages: 12
Cert# 39714.0 Recording Fee: $46.00
Filing Fee: $46.00
Paid on 09-23-2019
Paid on 09-23-2019 County: Carver State: MN
County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA
Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis
Kaaren Lewis County Recorder
Registrar of Titles
CITY OF CHANHASSEN
RECEIVED
OCT 24 2019
CHANHASSEN PLANNING DEPT
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
SITE PLAN AGREEMENT#2019-04
CONTROL CONCEPTS
SPECIAL PROVISIONS
AGREEMENT dated June 24, 2019, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Bauer Design Build, 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 (referred to in this Agreement as the "project"). The land located in Carver County, Minnesota,
is legally described as Lot 2, Block 1, Arboretum Business Park 7th 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 Loucks,Inc.,dated May 3,2019.
Plan B—Grading,Drainage and Erosion Control Plans and Storm Water Pollution Prevention Plan
prepared by Loucks,Inc., dated May 3,2019.
Plan C--Landscaping Plan prepared by Loucks,Inc., dated May 3,2019.
Plan D–Utility Plans prepared by Loucks,Inc.,dated May 3, 2019.
Building Elevations prepared by b d h&young dated May 3,2019.
4. Time of Performance. The Developer shall install all required screening and landscaping
by July 30, 2020. The Developer may, however, request an extension of time from the City. If an
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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
$335,711.00 (erosion control,landscaping and storm water infiltration and detention). 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:
Michael Bauer
Bauer Design Build
14030 21'Avenue N.
Plymouth,MN 55447
Notices to the City shall be in writing and shall be either hand delivered to the City Manager,or
at the
mailed to the City by certifiedMarket Boulevard,P.O. ox 147,Chanhassen,C
llowing address:
Chanhassen City Hall, 7700 Minnesota 55317,
Telephone(952)227-1100.
7. Other Special Conditions. City Council approves a site plan for a 54,276 square-foot,
two-story office,warehouse and manufacturing building subject to the following conditions:
Building
1. The building is required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
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3. 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.
4. Detailed occupancy-related requirements will be addressed when complete building plans
are submitted.
5. 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.
6. 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. The applicant shall provide a traffic memo,prepared by a licensed traffic engineer,
evaluating conflicting driving movements with Water Tower Place and the northern
driveway access
2. Vacate drainage and utility easements except the standard 10-foot wide easement
associated with the front of the parcel in addition to the standard 5-foot wide easement
associated with the side and rear portions of the parcel.
3. The wetland, wetland buffer, and the Bluff Creek Overlay District on the site shall be
preserved and protected in perpetuity. Staff recommends that the developer dedicate those
areas to the city to ensure conservation of these critical areas.
4. Provide a permanent 20' easement over the trail throughout the parcel.
5. The applicant shall remove all existing fence located on the east side of the property.
6. Apply for an Encroachment Agreement for the private sidewalk.
7. 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.
8. Replace any striping removed in Century Boulevard.
9. All striping and signage shall meet the requirements of the MN-MUTCD manual.
10. Indicate lineal (running) slope design for the trail. Trail slopes shall meet ADA
requirements.
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11. Staff recommends the installation of a gate valve downstream of the trench drain to
isolate possible hazardous material from entering the storm system. The operation and
maintenance plan for the storm system should include the procedure for this isolation
protocol.
12. Salvage existing topsoil and indicate stockpile location.
13. Water main fittings shall be epoxy coated.
14. Core drill to existing sanitary sewer main will require the installation of a boot at
connection.
15. As the developer will be required to remove all material surrounding the existing public
sanitary sewer manhole that is being proposed for connection, Public Works will inspect
and determine if repair or rehabilitation of the manhole is required (e.g. rebuilding
chimney, installing UI barrier, etc.).
16. 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.
17. A preconstruction meeting with Public Works and Engineering shall be scheduled by the
contractor prior to working within the public right-of-way and the connection to any
public utilities.
18. Identify stockpile locations on plan.
e
to
19. All call-outs on construction plans that reference a detail shall be and the detail number referenceddfotr constructionrate
the sheet the detail is illustrated on
20. 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, RPBCWD,Board of Water and Soil Resources,PCA,
etc.).
21. A SWPPP shall be submitted for review that meets the conditions of the NPDES
Construction Permit
22. Provide design details for the stormwater management systems and associated hydrology
models.
23. The applicant shall assess alternatives to conveying stormwater system discharge on and
across City property that will not cause erosion or degradation.
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24. The applicant shall demonstrate through modeling that the receiving municipal
stormwater system has adequate capacity to accept the increased drainage volume.
25. Provide a planting and revegetation plan specific for grading within the bluff impact zone
and the wetland buffer.
26. Provide boring locations on grading and stormwater utility plan sheets.
Environmental Resources
1. The applicant shall revise the landscape plan to meet minimum requirements for the north
bufferyard. Plantings shall be located between trail and parking lot.
2. The applicant shall protect existing trees to be preserved along Century Boulevard. Tree
protection fencing shall be placed at the dripline or greater distance prior to any
construction activities and maintained until construction is complete. Any trees that die
will be required to be replaced.
3. The trail alignment within the Bluff Creek Overlay District shall be field inspected and
approved by the city prior to any removals and construction activity. No live, significant
oak trees shall be removed for trail construction.
Fire
1. There is only one hydrant on the property. Several are needed to meet minimum spacing
requirements per MN Fire Code.
Parks
1. The developer shall be responsible for planning, engineering, and constructing the
"wetland trail." Connection points for this new trail shall be the terminus of the Trotters
Ridge trail, the intersection of Century Boulevard and West 82nd Street, and the
intersection of Century Boulevard and Water Tower Place. Bid documents,including
plans and specifications, shall be approved by the Park&Recreation Director and City
Engineer prior to soliciting bids. Project bidding shall occur in a competitive
environment with a minimum of three bids being received. The results of the bidding
process shall be reviewed with the Park &Recreation Director and City Engineer prior to
award. Cash payment for trail construction shall be made from the City of Chanhassen to
the developer upon completion,inspection, and acceptance of the trail.
2. Trail easements within Lot 2, Block 1, Arboretum Business Park 7th shall be dedicated to
the city to accommodate the"wetland trail".
Planning
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1. The applicant shall enter into a site plan agreement and provide the security required by it
prior to receiving a building permit.
2. A separate sign permit application,review and approval shall be required prior to site sign
installation.
3. The building needs additional articulation to break up long expansions of wall area on the
north side of the building.
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.
C/; CITY OF CHANHASSEN
CJS `°.•sem"_ BY:
'p• "- ;
r
' ei 3 _ Eyan ayI
i� AND: ,.,-- t
•..• Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
r 2019,b
The foregoing instrument was acknowledged before me tehi 'day
n Minnesota,2019,
y
Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of th ty
municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City
Council. st .44•.--1—
OTARY P LIC
t,„\KIM T. MEUWISSEN
/ Notary Public-Minnesota
‘,..k.2 My Commission Expires Jan 31,2025
6
DEVEL ER:
BY:
Michael Bauer
Its President
STATE OF MINNESOTA )
(ss.
COUNTY OFfrid
)
QQ The foregoing instrument was acknowledged before me thisi' day of A'tL. ' Lf
20I 1 by Michael Bauer, President,. Bauer Design Build, LLC, a Minnesota Limited Liability
Company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard v1«`??
JANET ARTMANN
P.O.Box 147 i fV11;
:etm c' .$ NOTARY PUBLIC-MINNESOTA
Chanhassen,MN 55317 .1 . MYCOMMISSION EXPIRES 01/31/2020
(952)227-1100 ��"''"
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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 een fully executed by both have been received by the City,es and and 3) tlee
with the City Clerk, 2) the necessary security and fees
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 otherwisecoverras rapd in idly dly aseposs possible. Alsion �seededl ,areas
shall be certified seed to provide a temporary groundp
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 obligations hereunder.failuref any proposed action,but No development
of the City
to do so will not affect the Developer's and City's rightsor g
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.
an,
n C
6. Warranty. All trees, grass, and sod required theapproved
aptthe time of plantingPlAl1 trees shall be
shall
be warranted to be alive, of good quality, and disease
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
8
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.
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 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.
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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 S day of AuYuY1 ,20 19)
By
Co 94 wM wok/J /6.m�4-L /tit fsAdjf'
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of Afici uc ,
2019, by Cory Watkins, General Manager, Zion Investment, LLC, a Minnesota Limifed Liability
Company
P Y iget./
S":;!!:":;!,,,KATHLEEN MARIE ELIA ► OTARY PUBLIC
y�►wNotary Public ►
DRAFTED BY: , 5 Minnesota
City of Chanhassen 1 '' !mt,S'My Co cion Fires January 31,2024 ►
7700 Market Boulevard !• — — — —Nk
P.O.Box 147
Chanhassen,MN 55317
(952)227-1100
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