Site Plan Agreement - Recorded 9-23-19 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
Alina 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. "Site Plan Agreement#2019-06 with LTF Real Estate Copany recorded
September 23, 2019 as document numbers T211109 and A683465;
3. 'interim 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
OCT 242019
Jean iLaistant CHANHASSEN PLANNING DEPT
Grand Oak Office Ceuter I /Jmo
860 Blue Gentian Road
Suite 290 Enclosures
Eagan,Minnesota 55121
Main:651-452-5000
Fax:651-234-6237
www.ck-law.com
202980v3
Document#: T211109 Document#: A683465
Date: 09-23-2019 Time 3:57 PM Pages: 11 Date: 09-23-2019 Time 3:57 PM Pages: 11
Cert# 35576.0 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 2 4 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#2019-06
LIFE TIME PARKING LOT
SPECIAL PROVISIONS
AGREEMENT dated August 26, 2019, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and LTF REAL ESTATE COMPANY, INC.,
(the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 213 stall parking lot (referred to in this Agreement as the "project"). The land located in
Carver County, Minnesota, is legally described as Lot 1, Block 1, Arboretum Business Park 5th
Addition.
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 Elfering&Associates,dated 7/17/19.
Plan B - Grading, Drainage and Erosion Control Plans prepared by Elfering & Associates, dated
7/17/19.
Plan C-Landscaping Plan prepared by Elfering&Associates,dated 6/14/19.
Plan D-Stormwater Infiltration Plans prepared by Elfering&Associates,dated 6/14/19.
Plan E-Stormwater Pollution Prevention Plan prepared by Elfering&Associates,dated 7/17/19.
4. Time of Performance. The Developer shall install all required screening and landscaping
by August 31, 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.
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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
$196,000.00 (erosion control, landscaping and storm water infiltration). 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:
Kari Broyles
LTF Real Estate Company,Inc.
2902 Corporate Place
Chanhassen, MN 55317
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 213-stall parking lot
subject to the following conditions:
Building
a. The addition of parking spaces requires additional accessible parking spaces be provided
per the Minnesota Accessibility Code. The additional accessible spaces shall be
distributed to locations at or near the accessible entrances of the four Life Time buildings
noted on the plan.
Engineering
a. On sheet C1.00: Under the Governing Specification notes, reference the City of
Chanhassen's Standard Specifications and Detail Plates.
b. On sheet C2.00: Existing utilities illustrated on Water Tower Place do not match City
records. The developer should request appropriate shape files and as-builts from the City
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to accurately depict existing locations of utilities for clarity (e.g. the fire hydrant located
on the east corner of the driveway approach to 2932 Water Tower Place is not illustrated,
draintile in the area is not illustrated, etc.).
c. On sheet C3.00: Field locate the existing sanitary sewer service stub and have the plans
updated to the exact location; electrical wiring is not illustrated between lights to be
removed, show all electrical wiring and call-out removal; plans indicate the reuse and
salvage of existing gravel, illustrate location of stockpiles either on sheet C3.00 and sheet
C6.00.
d. On sheet C5.00: From the "Utilities Symbols" the existing and proposed storm manhole
appear the same, adjust for clarity; from the "Utilities Symbols" there are multiple line
types/symbols that are unused in the plan sheets, remove any unused line types for clarity,
also add symbol for "light grey" pavement that is hatched within majority of work area;
add ADA compliant ramps; storm structures (catch basins, storm manholes, etc.) that
have inverts should be labeled with direction of invert (N, S, E, W) connection type
(IN/OUT); illustrate locations of access pits for Stormtech system; RCP pipe from CB 6
to STMH 5 shall be 15" diameter; adjust symbol if storm infrastructure is called out as
STMH as currently all STMH's are symbolized as proposed catch basins; show
connection to outlet control structure and reference detail and/or sheet the detail is located
on for clarity (STMH 7); reference city detail #5207 for driveway entrance off Water
Tower Place; correct name to Water Tower Place; connection to existing STMH on
southeast corner of site references "verify existing invert,"applicant shall field verify and
update plans accordingly; add note to abandon 6" PVC sanitary stub and to coordinate
with Public Works @ 952-227-1300 48-hours prior to commencement of work.
e. On sheet C6.00: Call out for rock construction entrance should also illustrate the
entrance on plans; remove silt fence where rock construction entrance is located for
proper ingress/egress; relocate silt fence on far east side to the edge of the extents of
proposed grading (approximately 40' to the west), and not on existing impervious
surface, adaptively manage with bio logs and other approved erosion control BMPs when
tying in new and existing bituminous; show stockpile of salvaged gravel and methods for
erosion and sediment control; remove call out for existing and proposed contour and add
line types to symbols.
f. On sheet C8.00: The planting legend indicates areas where work would include "sod-
disturbed areas", however no areas are proposed or illustrated to be sodded, update
accordingly.
g. On sheet C10.00: Add applicable City details per updates required from Conditions 1-6,
which includes, but are not limited to, driveway details, erosion control details, and storm
pipe bedding details.
h. On sheet C13.00: Provide MPCA issued Construction Stormwater General Permit;
update SWPPP to include every requirement listed under Sections 5.2-5.26 of the NPDES
general permit.
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i. On sheet E0.1: Light pole base detail does not provide dimensions of concrete base,rebar
spacing, depths, etc., update accordingly; electrical conduit/wire is difficult to read on
plans, enlarge text for clarity; provide legend; provide north arrow; Key Note 3 shall
replace the word "abandon" with "remove"; Key Note 4 indicates "conductors to be
removed", locate conductors on plan.
j. Provide an updated stormwater report that indicates the property owner and their contact
information along with the consultant/engineer who produced the analysis and their
contact information.
k. The stormwater report indicates that the underground system will utilize biofiltration.
Provide an update to the report that clarifies how biofiltration will be achieved.
Environmental Resources
a. All parking lot islands and peninsulas that contain a tree must have an inside width of 10
feet. Parking lot landscaped islands and peninsulas are required to have proper planting
soil and irrigation.
Planning
a. The applicant shall enter into a Site Plan Agreement and provide the security required by
it prior to receiving a building permit.
b. A separate sign permit application,review and approval shall be required prior to site sign
installation.
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: 1t44
lase n,Mayo
AND:
t;.o 7,�r• Todd Gerhardt,City Manager
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STATE OF MINNESOTA )
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COUNTY OF CARVER )
04-hThe foregoing instrument was acknowledged before me this 1 O day of 20 19
by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City o Chanhassen, a
Minnesota municipal corporation, on behalf of the corpora ion and pursuant to the authority granted
by its City Council.
4010.
u, i I •
N11.7.RY PUB
'i"".1. KIM T. MEUWISSEN
Notary Public-Minnesota
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~z'� y` My Commission Expires Jan 31,2025
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.:oyl s -Ti - ''resident
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STATE OF MINNESOTA )
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COUNTY OF Co rve )
The foregoin instrument was acknowledged before me this 12.t'day of &ftCry hct ,
20 ji by Kot L•brokiks LTF Real Estate Company,Inc.,a Minnesota Corporation
Mail- ` 1 v
NOTARY PUBLIC
ANDREA DAWN ERICKSON
DRAFTED BY: ����"
City of Chanhassen 1` Notary P11bi MI11�18sota
i% MY COMffilliOn 64711111SJsn31,2024
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
(952)227-1100
6
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
acceptance.
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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.
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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,
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.
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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 the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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