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Release of Remaining Security Ltr w-Security Backup Documents 1-5-21 CITYOFCHANIIASSEN ., „..,.. mi y c, q ' HAS 5 Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow January 5, 2021 EPR Properties 909 Walnut, Suite 200 Kansas City, MO 64106 Re: Release of Security Children's Learning Adventure Site Plan Agreement Planning Case File No. 2015-09 Upon a site inspection, it appears the project has been completed in general conformance with the Site Plan Agreement. Therefore, we are releasing the remaining security escrow and are now closing our file on this project. Sincerel Robert Generous Senior Planner Enclosure g:lplan12015 planning cases120I5-09 children's learning adventurelrelease of security.docx PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 •CHANHASSEN • MINNESOTA 55317 L•_. t - 30 201€ PIant21 !S : IMP c— ..i... ..7 g.•I T a9 10 11 12 5..s..s...h..�. f 11 12 13 14 15:- Ills 16 17 ij 19 12 13 14 1� 16 �. "all/'*1 22.- %`. .. 24 25 25 : 19 2b 21 23 't3 '• A"iti 27 28 29 .,, .?911131 *2fi 23 2ti•S"Sti,., Securities Da 1 P ter__' " I 8102016 5'14.2018 C Escrows a Cash Escrow $256,000 Children's Leaning Adventure Site Plan Agreement 2015-09 Paid 9,23'15 Check 47435 from EPR Properties Boulevard Restoration,Erosion Control.Landscaping and Trail Maintenance Notify Bob Generous 1025/16-Per Bob G.Continue to hold-recheck April 3.2017 424/17-Per Bob G.-continue to hold recheck Sept.2017 1A9f1A \v^v 9117-Dan Petersen from Children's Learning Athenture requesting info on getting escrov. back 9-8 17-Bob G.sent email to Stepanie S.&Krista S to follow up inspcctiorn CId 431);/))21,j^kt/' Trail realignment restora tion S 10.000 Blvd.restoration Site landscapig and irrigation 5210.000 .../(D (527,885-landscaping&S182.115 for stonnwaterl Erosion control$30,000 ` Total=S256.000 [�2 9'1217-Updated Escrow information with email from Bob Waiting for updates from Stepahine and Krista.-Jeno? 9.21'17-Per Bob-hold for one month.Jena \ 1114 17•Per Bob-hold until May 2018 Jenne 12/28/17-Per Bob-Release the follwing: -510.000 trail alignment -S6.000 boulevard restoration -S25,100 landscaping total to release 541.100 Retain-5214.900(for landscape and srormwater and errosion control i-Jew]) 5 1418-Per Bob: Rewe • y -S 122,00 stormwater \J -S3,300 landscaping OK to release 589,600 / 1 011 Jenny Jenny J/ d l lf;114\ ....... . . .... . qj 147 a � ..... . Owe.t1...ewll.l.CAW 5t140010 el 1210 PRI FAStalue P.Pflo*y P.uI CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/23/2015 12 : 00 PM Receipt No. 00296005 CLERK: AshleyM PAYEE: EPR Properties 909 Walnut Suite 200 Kansan City MO 64106- Site Plan 2015-09 Childrens Learning Adventure Security Escrow 256, 000 . 00 Total 256, 000 . 00 Cash 0 . 00 Check 047435 256, 000 . 00 Change 0 .00 — y1 ivc. ' 1 '4 { 61 ai900 1-r Irk la4" 3, Wednesday, July 1, 2020 - Wednesday, July 1, 2020 - Cash Escrow $256,000 Children's Learning Adventure Site Plan Agreement 2015-09 Paid 9/23/15 Check 47435 from EPR Properties Boulevard Restoration, Erosion Control, Landscaping and Trail Maintenance Notify Bob Generous 10/25/16 - Per Bob G. Continue to hold-recheck April 3, 2017 4/24/17 - Per Bob G. - continue to hold recheck Sept. 2017 9/8/17 - Dan Petersen from Children's Learning Adventure requesting info on getting escrow back 9/8/17 - Bob G. sent email to Stepanie S. & Krista S. to follow up inspections. Trail realignment/restoration$10,000 Blvd. restoration$6,000 Site landscaping and irrigation $210,000 ($27,885 - landscaping & $182,115 for stormwater) Erosion control $30,000 Total = $256,000 9/12/17 -Updated escrow information with email from Bob. Waiting for updates from Stepahine and Krista. - Jenny 9/21/17 - Per Bob-hold for one month. Jenny 11/14/17 - Per Bob- hold until May 2018. Jenny 12/28/17 - Per Bob - Release the following: - $10,000 trail alignment - $6,000 boulevard restoration - $25,100 landscaping Total to release $41,100 Retain - $214,900 (for landscape and stormwater and erosion control) -Jenny 5/14/18 - Per Bob: Retain - $ 122,00 stormwater - $3,300 landscaping OK to release $89,600 Jenny 5/15/18 - Gave Beth W. approval to release. Per Bob hold until Oct. 2018.-Jenny 2/5/19 - Bob, status? There is a remaining cash escrow balance of$125,300. Jill, I'm not sure if you have any need to hold a portion of this for landscaping. js 6/6/19 - Per Jill, she inspected the CLA and there's a dead spruce, dead shade tree and a few dead shrubs. I did not look at the stormwater issues. js 9/16/19 - Per Bob G., release $122,000 to leave a balance of$3,300.js 2/5/19 - Per Jill, The $3300 held for landscaping was probably the 10%that was held for one year. This could be released. Is there any way to have a reminder come up for a re-inspection when the one-year is nearly complete? I should've inspected it this past year, but I don't think I ever got a notice to do so. The $122K is for stormwater improvement that I don't know that they made. Krista would've worked on that. Perhaps Ryan can find some notes about it. Per Bob, via Vanessa Strong, (see email from Bob re: stormwater issue) *Requires approval from Riley Purgatory Bluff Creek Watershed District; *Staff will need to perform a final inspection after receiving as-builts, ensure the devices are functioning as designed, and verify the operation and maintenance plan is consistent with the installed devices; *Final approval and escrow release cannot be completed until 70% vegetative cover has been established (i.e. 2019 growing season). No money has been released to date. Jill and Ryan will do inspections beginning 6/1/19. After that time, there is a possibility that escrow money can be released at that time.js CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/23/2015 12 : 00 PM Receipt No. 00296005 CLERK: AshleyM PAYEE: EPR Properties 909 Walnut Suite 200 Kansan City MO 64106- Site Plan 2015-09 Childrens Learning Adventure Security Escrow 256, 000 . 00 Total 256, 000 . 00 Cash 0 . 00 Check 047435 256, 000 . 00 Change 0 . 00 Ent Name Acct No Invoice Date P.O. Num Reference Amount Discount Net 107,22 CLA-Chanhassen MN 1320-00 #2015-09 9/22/2015 CLA Chanhassen 256.000 00 0.00 256,000.00 Payor: EPR Properties Date Check No. Check Amount Payee: City of Chanhassen 9/22/2015 047435 256,000.00 Retain:his statement for your records Steckling, Jean Subject: Children's Learning Adventure Start Date: Wednesday, September 23, 2015 Due Date: Tuesday, January 5, 2021 Status: Completed Percent Complete: 100% Date Completed: Tuesday, January 5, 2021 Total Work: 0 hours Actual Work: 0 hours Owner: Steckling, Jean Categories: Security Children's Learning Adventure Site Plan Agreement 2015-09 Security: $256,000 *Check with Bob Generous for status updates 7/7/20— Per Bob G., the City and RPBCWD are holding money on this project. There were issues with re- establishment of the site and verification of functioning basins when the stormwater basins were reconstructed. To my knowledge everything is just riding on Terry's approval of the site, this all started when Vanessa was here and the City defaulted to the Watershed District on this one because they had more requirements for the site. Once Watershed approval has been given, we will also approve. Check back 9/30/20. 10/1/20— Bob, status? Per Bob, we will tie our release of security in with the Watershed's. Check back Dec. 1. Js 12/1/20— Bob, status? 12/29/20— Bob, do you have a status on this one yet or when should I have it pop up again?Js 1/5/20— Escrow Release history: 256,000 -41,1000 (12/28/17) 214,900 -89,000 (5/14/18) 125,300 -122,000 (9/16/19) 3,300 Per Bob, OK to release all remaining security ($3,300). js Steckling, Jean From: Sinclair. Jill Sent: Tuesday, February 05, 2019 10:05 AM To: Steckling. Jean; Generous, Bob Subject: RE: Children Learning Status The $3300 held for landscaping was probably the 10%that was held for one year. This could be released. Is there any way to have a reminder come up for a re-inspection when the one-year is nearly complete? I should've inspected it this past year, but I don't think I ever got a notice to do so. The $122K is for stormwater improvement that I don't know that they made. Krista would've worked on that. Perhaps Ryan can find some notes about it. Jill Sinclair Environmental Resources Specialist—ISA Certified 4 Arborist MN4545-A 4, 4 CITY OF CHANHASSEN PH. 952.227.1133 FX. 952.227.1110 www.ci.chanhassen.mn.us From: Steckling,Jean <jsteckling@ci.chanhassen.mn.us> Sent: Tuesday, February 5, 2019 8:39 AM To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>; Sinclair, Jill <jsinclair@ci.chanhassen.mn.us> Subject: Children Learning Status Tuesday, August 30, 2016-Thursday, October 04, 2018 - Cash Escrow $256,000 Children's Learning Adventure Site Plan Agreement 2015-09 Paid 9/23/15 Check 47435 from EPR Properties Boulevard Restoration, Erosion Control, Landscaping and Trail Maintenance Notify Bob Generous 10/25/16- Per Bob G. Continue to hold - recheck April 3, 2017 4/24/17 - Per Bob G. - continue to hold recheck Sept. 2017 9/8/17 - Dan Petersen from Children's Learning Adventure requesting info on getting escrow back 9/8/17 - Bob G. sent email to Stepanie S. & Krista S. to follow up inspections. Trail realignment/restoration $10,000 Blvd. restoration $6,000 Site landscaping and irrigation $210,000 ($27,885 - landscaping &$182,115 for stormwater) Erosion control $30,000 1 Total = $256,000 9/12/17 - Updated Escrow information with email from Bob. Waiting for updates from Stepahine and Krista. -Jenny 9/21/17 - Per Bob - hold for one month.Jenny 11/14/17 - Per Bob - hold until May 2018.Jenny 12/28/17 - Per Bob - Release the follwing: - $10,000 trail alignment - $6,000 boulevard restoration - $25,100 landscaping total to release $41,100 Retain - $214,900 (for landscape and stormwater and errosion control) - Jenny 5/14/18 - Per Bob: Retain - $ 122,00 stormwater - $3,300 landscaping OK to release $89,600 Jenny 5/15/18 -Gave Beth W. approval to release. Per Bob hold until Oct. 2018.-Jenny 2/5/19 - Bob, status? There is a remaining cash escrow balance of$125,300. Jill, I'm not sure if you have any need to hold a portion of this for landscaping. js Jean 2 Steckling, Jean From: Wieland, Beth Sent: Tuesday, February 05, 2019 8:23 AM To: Steckling, Jean Subject: RE: Children's Learning Adventure Escrow They gave us $256,000 and on 1/4/18 we cut a ck back to them for$41,100 and then on 5/17/18 we gave them another check for$89,600 so they have a balance now of$125,300 Thanks, Beth From: Steckling, Jean <jsteckling@ci.chanhassen.mn.us> Sent: Monday, February 4, 2019 4:30 PM To: Wieland, Beth <BWieland@ci.chanhassen.mn.us> Subject: Children's Learning Adventure Escrow Beth, Please see highlighted note at the bottom. Does this mean that the entire escrow was release? Is there anything remaining? Please advise. Thanks, Jean Tuesday, August 30, 2016-Thursday, October 04, 2018 -Cash Escrow $256,000 Children's Learning Adventure Site Plan Agreement 2015-09 Paid 9/23/15 Check 47435 from EPR Properties Boulevard Restoration, Erosion Control, Landscaping and Trail Maintenance Notify Bob Generous 10/25/16- Per Bob G. Continue to hold - recheck April 3, 2017 4/24/17 - Per Bob G. - continue to hold recheck Sept. 2017 9/8/17- Dan Petersen from Children's Learning Adventure requesting info on getting escrow back 9/8/17 - Bob G. sent email to Stepanie S. & Krista S. to follow up inspections. Trail realignment/restoration $10,000 Blvd. restoration $6,000 Site landscaping and irrigation $210,000 ($27,885 - landscaping & $182,115 for stormwater) Erosion control $30,000 1 Total=$256,000 9/12/17 - Updated Escrow information with email from Bob.Waiting for updates from Stepahine and Krista. -Jenny 9/21/17- Per Bob- hold for one month.Jenny 11/14/17- Per Bob- hold until May 2018.Jenny 12/28/17- Per Bob- Release the follwing: - $10,000 trail alignment -$6,000 boulevard restoration -$25,100 landscaping total to release$41,100 Retain -$214,900(for landscape and stormwater and errosion control) -Jenny 5/14/18- Per Bob: Retain -$ 122,00 stormwater -$3,300 landscaping OK to release$89,600 Jenny 5/15/18-Gave Beth W. approval to release. Per Bob hold until Oct. 2018.-Jenny 2 Steckling, Jean From: Generous, Bob Sent: Tuesday, February 05, 2019 10:42 AM To: Steckling, Jean Cc: Sinclair, Jill: Pinkalla. Ryan Subject: FW: Children's Learning Adventure Stormwater Project Here's the issue regarding the stormwater. Check again June 1 Bob From: Strong, Vanessa <VStrong@ci.chanhassen.mn.us> Sent: Monday, October 15, 2018 12:05 PM To: Michael Lehman <mlehman@rochoncorp.com>; Generous, Bob<bgenerous@ci.chanhassen.mn.us> Cc: Pinkalla, Ryan <RPinkalla@ci.chanhassen.mn.us>;Terry Jeffery<tjeffery@rpbcwd.org> Subject: RE: Children's Learning Adventure Stormwater Project Hi Michael, Thank you for your email. To close out the project the City: • Requires approval from Riley Purgatory Bluff Creek Watershed District • Staff will need to perform a final inspection after receiving as-builts, ensure the devices are functioning as designed, and verify the operation and maintenance plan is consistent with the installed devices • Final approval and escrow release cannot be completed until 70%vegetative cover has been established (i.e. 2019 growing season) Vanessa r Vanessa Strong Water Resources Coordinator CITY OF CHANHASSEN PH. 952.227.1168 FX. 952.227.1170 ♦ I www.ci.chanhassen.mn.us 0 From: Michael Lehman<mlehman@rochoncorp.com> Sent: Monday, October 15, 2018 11:44 AM To: Generous, Bob<bgenerous@ci.chanhassen.mn.us> Cc: Pinkalla, Ryan <RPinkalla@ci.chanhassen.mn.us>; Strong, Vanessa <VStrong@ci.chanhassen.mn.us> Subject: RE: Children's Learning Adventure Stormwater Project Hi follow up from my email last week. We will be complete with the project come Wednesday morning. What does the city of Chanhassen expect for acceptance/closeout of the project? 1 Michael Lehman Assistant Project Manager 3Rochon 28 2nd Street NW, Suite 200 I Osseo, MN 55369 612-490-1123 Cell From: Generous, Bob [mailto:bgenerous@ci.chanhassen.mn.us] Sent: Monday, September 24, 2018 1:55 PM To: Michael Lehman Cc: Pinkalla, Ryan; Strong, Vanessa Subject: RE: Children's Learning Adventure Stormwater Project Michael, Thank you. I did get the plans and distributed them. There is no additional permitting required of the city. We are proceeding under Site Plan Agreement#2015-09. You will need to contact Ryan Pinkalla at (952) 227-1173 to schedule an erosion control inspection prior to beginning work. If you have additional question or need more information, please contact me. Bob r 0 Robert Generous. AICP c.(6). Senior Planner CITY OF CHANHASSEN Sir" PH. 952.227.1131 i FX. 952.227.1110 www.ci.chanhassen.mn.us O0 From: Michael Lehman<mlehman@rochoncorp.com> Sent: Monday, September 24, 2018 1:40 PM To: Generous, Bob <bgenerous@ci.chanhassen.mn.us> Subject: RE: Children's Learning Adventure Stormwater Project Bob, I dropped off three copies of plans with the receptionist at the desk last Friday afternoon. When do you think the permit will be ready to be picked up? Michael Lehman Assistant Project Manager Rochon 28 2nd Street NW, Suite 200 I Osseo, MN 55369 763-559-9393 Office 1763-235-3807 Direct 1612-490-1123 Cell I 763-559-8101 Fax From: Strong, Vanessa [mailto:VStrong@ci.chanhassen.mn.us] Sent: Thursday, September 20, 2018 10:20 AM To: Michael Lehman 2 Cc: Generous, Bob Subject: RE: Children's Learning Adventure Stormwater Project Hi Michael, I checked, and plans have not been received by Planning or Building. Perhaps someone confused the City with the Watershed District? (that often happens).This project is operating under an existing site plan agreement. Please submit 3 hardcopies, and an electronic copy of the updated erosion and sediment control (ESC) plan, and storm plans along with an estimate of probable cost to: Robert Generous, AICP Senior Planner CITY OF CHANHASSEN PH. 952.227.1131 I + y 'l FX. 952.227.1110 ` www.ci.chanhassen.mn.us © 0 Bob will coordinate this with the exiting site plan agreement LOC and determine what, if any, additional securities need to be held. I reviewed the ESC and storm plans that last time I was at the Watershed District offices, and have received a copy of their permit.That portion of the review has been completed and approved.At this point you simply need to complete the administrative process. Should be pretty quick and easy for you to wrap up. Vanessa Vanessa Strong Water Resources Coordinator CITY OF CHANHASSEN PH. 952.227.1168 FX. 952.227.1170 ,, , k 1 www.ci.chanhassen.mn.us 00 From: Michael Lehman<mlehman@rochoncorp.com> Sent:Thursday,September 20,2018 8:33 AM To:Strong,Vanessa<VStrong@ci.chanhassen.mn.us> Subject:Children's Learning Adventure Stormwater Project Hi Vanessa, I am with the general contractor for this project. It is my understanding that the owners have submitted for Erosion and Sediment permit. Is this true? If so what will the cost be to retrieve the permit?Are there any other permits needed? Please give me a call or email me back as soon as you can, whatever is easier for you.Thank you. Michael Lehman Assistant Project Manager Rochosi 28 2"d Street NW, Suite 200 I Osseo, MN 55369 763-559-9393 Office I 763-235-3807 Direct 1612-490-1123 Cell I 763-559-8101 Fax 3 Linda Kana From: Linda Kana Sent: Monday, September 21, 2015 4:20 PM To: 'bgenerous@ci.chanhassen.mn.us'; 'dwashburn@ci.chanhassen.mn.us' Cc: 'Daniel R. Petersen'; 'Rebecca Beal'; Chris Wittkopf; David Newton Subject: CLA Chanhassen - Planning Case #2015-09 Attachments: City of Chanhassen - Site Plan Agreement#2015-09.pdf Importance: High Good Afternoon Bob, I just left you a lengthy voicemail. We need to remit the$256,000 security specified in the site plan agreement by September 24`n. Can you please provide me with the City's wiring instructions. The Site Plan Agreement will be executed by CLA Chanhassen, LLC as Developer and ECE I, LLC will execute the Consent as Owner. Please note that there is no Mortgage on this property,therefore no need for the Mortgage Holder Consent. ECE and CLA will deliver this document to you under separate cover. We ask that you combine the signature pages accordingly, execute on behalf of the City of Chanhassen, record and return a fully executed copy to me for our file. Overnight Address: City of Chanhassenkl (4/\"° Ol 7700 Market Boulevard Chanhassen, MN 55317 1101k Attn: Robert Generous,AICP Dan, please execute this agreement and overnight to Bob at the address above. eaak, altekt-k-60i • Feel free to contact me with any questions. Thank you. Linda Linda Kana Paralegal /Transaction Manager EPR Properties NYSE:EPR www.eprkc.com 816-303-6618 Direct 816-472-1700 Toll Free: 888-EPR-REIT lindak@aieprkc.com EPR Properties Return on frsigi'. Please consider the environment before printing this e-mail. 1 CITY OF CHANHASSEN SITE PLAN AGREEMENT#2015-09 CHILDREN'S LEARNING ADVENTURE SPECIAL PROVISIONS AGREEMENT dated May 26,2015,by and between the CITY OF CHANHASSEN,a Minnesota municipal corporation(the"City"),and CLA Chanhassen, LLC(the"Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 33,032 square-foot,one-story childcare building with outdoor play areas and equipment (referred to in this Agreement as the"project"). The land is legally described as shown in Exhibit B attached. 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 Permit,the written terms shall control. The plans are: Plan A: Site Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan B: Grading Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan C: Utility Plan prepared by CEI Engineering Associates, Inc.,dated 3/20/15. Plan D: Erosion Control Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan E: Details I Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan F: Details II Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan G: Details III Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan H: Tree Survey Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15. Plan I: Landscape Plan prepared by CEI Engineering Associates,Inc.,dated 3/20/15 revised 4/6/15. Plan J: Floor Plans prepared by CASCO,dated 3/18/15. Plan K: Site Detail Plans prepared by CASCO,dated 3/18/15. Plan L: Exterior Elevation Plans prepared by CASCO,dated 3/18/15. Plan M: Site Line Study Plans prepared by CASCO, dated 3/18/15. Plan N: Exterior Color Material Plan prepared by CASCO,dated 3/18/15. Plan 0: Photometric Plan prepared by CASCO,Job No.915494, Sheets E0.1 and E0.2. Plan P: Sign Plan prepared by Accent Sign&Awning,dated 1/29/15,revised 3/18/15 and 3/19/15. 4. Time of Performance. The Developer shall install all required screening and landscaping by September 30, 2016. The Developer may,however,request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit,the Developer shall furnish the City with a letter of credit from a bank,cash escrow,or equivalent("security")for $256,000.00(boulevard restoration,erosion control,landscaping and trail reconstruction). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping,then the developer shall ensure the letter of credit or cash escrow is 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: Mike Clements Dan Petersen CLA Chanhassen,LLC 3131 East Camelback Road, Suite 420 Phoenix,AZ 85016 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. 2 7. Other Special Conditions. City Council approves a site plan for Children's Learning Adventure subject to the following conditions: Building Official 1. A building permit is required prior to construction. 2. The building is required to have an automatic fire-extinguishing system. 3. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 4. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 5. Fenced"playground"areas must be provided with approved,code-compliant exiting system. Engineering 1. The proposed access and turn lane on Galpin Boulevard are subject to Carver County's review, approval and permitting. 2. An escrow for the trail work and water service connection shall be collected with the site plan to ensure that the area is restored and functioning properly after one freeze-thaw cycle. 3. A barricade must be installed at the end of the stub located north of the Galpin Boulevard access. 4. The developer must contact the city's construction manager at 952-227-1166 a minimum of 48 hours prior to the wet tap. 5. The developer must obtain any necessary approvals to grade and install improvements within the Xcel Energy easements on the western and southern portions of the property. 6. The developer shall meet the requirements of the April 9,2015 review letter from MnDOT. Environmental Resources Specialist 1. The applicant shall change Chinese elm to Princeton elm and Golden ash to an overstory, deciduous species selected from the city's Approved Tree List. 2. The applicant shall revise the plans so that no more than five trees of one species are planted in a row along West 786 Street. 3. The applicant shall change the two proposed swamp white oaks along Highway 5 to an understory species. The proposed Golden ash to be planted at the southeast corner of the property shall be moved slightly north to further avoid the OHE line. 3 Fire Marshal 1. A three-foot clear space must be maintained around fire hydrants. 2. No burning permits will be issued for tree/brush removal. 3. "No Parking Fire Lane"signs and yellow-painted curbing will be required. Contact the Fire Marshal for specifics. 4. Twelve-inch address numbers of contrasting color shall be installed on the building side facing Galpin Boulevard and also on the monument sign at the driveway entrance. The Fire Marshal must review and approve prior to installation. Planning 1. The eastern elevation must provide additional windows to meet the 50 percent transparency requirement or other architectural detailing as outlined in the staff report. 2. The applicant shall provide bicycle parking and storage facilities. 3. Parcel A may be dedicated to the City. Pervious surface credit will be apportioned to Parcel B. 4. The illuminated sign inside the rotunda can be illuminated from the hours of 6:00 a.m.to 10:00 p.m. at a maximum of 5,000 Nits. During all other hours the illumination may not exceed 500 Nits. 5. The illumination at the top of the band on the rotunda was not submitted as part of the plans and is not permitted. Lighting shall not be directed skyward. 6. The wall signs are only permitted on Highway 5 and Galpin Boulevard and must comply with size standards in the city code. The monument sign shall comply with city code. Separate sign permits are required for signage. Water Resources Specialist 1. The pond which discharges directly to the wetland shall be used as a temporary basin throughout the project. A temporary outlet and inlet shall be designed and constructed. This basin shall be graded to the approved design upon substantial stabilization of the remaining site. The plans must indicate this requirement. 2. The bioretention area shall be graded last and perimeter control in the form of silt fence with metal tee posts shall be installed to protect the area from construction traffic and material storage. A note shall be added to the plan set to this effect. 3. City code requires that six(6")inches of topsoil be placed on all disturbed areas to be vegetated unless other engineered soil is to be used such as in bioretention areas. Topsoil 4 shall be stripped on the site and stockpiled with adequate erosion prevention and sediment control practices. The plan shall indicate this requirement and demonstrate how this will be accommodated. 4. Slopes immediately tributary to wetland shall be stabilized within 48 hours of cessation of earthwork activities. The slope must be stabilized with a hydraulic erosion control product or net-free biodegradable erosion control blanket. 5. Inlets with the potential to have sediment introduced as a result of import/export of materials shall have inlet protection installed. Dandy bags are not an acceptable inlet protection device. See City Detail 5302A. 6. Item B2 on Sheet C6 shall be changed to delete the 21-day requirement. 7. A note shall be included on Sheet C6 indicating that the bioretention areas must not be graded to their final condition until the contributing watershed is stabilized. 8. Item El0 on Sheet C6 shall be changed to read"...due to construction equipment driving across or materials being stockpiled in the infiltration area." 9. Quantities of BMP measures must be included. This shall include the volume of topsoil and the quantity of seed required. 10. Because this site is tributary to an impaired water,the stabilization of all disturbed areas draining to Bluff Creek must be initiated immediately but in no case later than 7 days. The exception being those areas to be stabilized within 24 hours. 11. A note shall be included on Sheet C6 indicating that topsoil is to be stripped and stockpiled onsite such that an adequate quantity exists to place six(6")inches over all disturbed areas to be vegetated. 12. Include discussion of receiving water being Bluff Creek which is on the 303D list as impaired for turbidity and fish indices of biological integrity. 13. Chanhassen requires that metal tee posts are used with erosion control fence. Wooden posts are not allowed unless explicitly stated by the city. The plans shall use City Detail#5300. 14. City Detail #5301 shall be used for the rock construction entrance. 15.Final stabilization methodologies shall be included as part of the overall SWPPP. 16.Design of stormwater best management practices shall follow the guidelines of the Minnesota Stormwater Manual. 17.The applicant shall meet the volume reduction requirement set forth in the NPDES permit of one inch from all impervious surface or demonstrate to the City's satisfaction that the site meets one or more of the limitations described in the permit. 5 18. In the event that a limitation does exist,the applicant shall provide volume reduction to the maximum extent practicable and shall evaluate the potential of practices beyond infiltration such as stormwater capture and reuse. 19. The final basin prior to discharge into the wetland shall be designed as a wet detention pond and must meet NURP recommendations and city design standards. 20. Curb cuts shall be no less than five(5) feet wide and shall have adequate pretreatment prior to discharge into the bioretention features. 21.The outlet structure from the pond into the wetland shall not be submerged. 22. A drainage and utility easement shall be recorded over the stormwater management features and the wetland. 23. The city will maintain the NURP basin upon acceptance of the final product. 24. The property owner shall be responsible for the long-term maintenance of the bioretention features. 25. A maintenance agreement for the bioretention features shall be entered into by the land owner as required under the MS4 permit. This agreement shall be recorded against the property. 26. An operations and maintenance manual shall be prepared by the applicant for the bioretention features. This shall address the planting schedule, establishment period as well as presumed long-term annual and semi-annual maintenance requirements. 27.The applicant shall procure all necessary permits from agencies with jurisdiction over the project area. 28. The site must meet the requirements of the Minnesota Department of Natural Resources Shoreland rules. 8. General Conditions. The general conditions of this Permit are attached as Exhibit"A"and incorporated herein. 6 CITY OF CHANHASSEN BY: Denny Laufenburger,Mayor AND: Todd Gerhardt,City Manager DEVELOPER: CLA Chanhassen,LLC BY: Its STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20_, by Denny Laufenburger, 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. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_by ,the of CLA Chanhassen,LLC. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.0.Box 147 Chanhassen,MN 55317 (952)227-1100 7 CITY OF CHANHASSEN SITE PLAN PERMIT 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: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit 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 plat 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 I,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. 8 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 Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right,power or remedy herein conferred upon the City is cumulative and in 9 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. 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. 10 EXHIBIT B LEGAL DESCRIPTION Parcel k That part of the Southwest Quarter of the Southwest Quarter of Section 10, Town&dp 118, Range 23 and the Northwest Quarter of the Northwest Qoartw of Section 15, Township 116, Runge 23,Carver County Minnesota. described as Wows: Beginning at the Southwest comer of said Section 1R thence on on asumed bearing of North 1 degree 66 minutes 40 seconds West along the Nest line of sold Southwest Quarter,a distance of 1,023.08 feel to a point on said West line distant 168888 feet South of the West Quarter corner of sok Section 10; thence South 79 degrees 32 minutes 20 seconds East,a distance of 177.77 feet thence South 88 degrees 32 minutes 20 seconds East,a distance of 100.40 feel thence South 78 degrees 32 minutes 20 seconds East,a distance of 194.14 Nei thence South 74 duress 32 minutes 20 seconds East a distenes of 150.00 feet; thence South 47 degrees 17 minutes 20 seconds East. a detainee of 75,43 feet; thence North 82 degrees 42 minutes 40 seconds East,o distance of 74.98 Net: thence South 58 degrees 17 minutes 20 seconds East, a distance of 84.58 feel thence South 89 degrees 17 minutes 20 monde East. a distance of 163.25 feet; thence South 18 degrees 17 minutes 40 seconds West, a distance of 82819 feet t the Northerly right of way tine of Trunk Highway x thence North 65 degrees 54 minutes 50 •condi Went alas said Northerly right of way. a distance of 33.06 feet: thence South 56 40 minutes 55 seconds West along said Northerly right of way,a detonate of 158.95 set snots North 85 degree/ 54 minutes 50 seconds West along Northwly right of way, a dM of 610.22 fed to the West line of the Northwest Quarter of Section 16,Township 118. Ron 23; thence North 1 degree.37 minutes 50 seconds West along add Wait line of the Hort wed Quarter,a diii�stance of 9.12 feet to the point ofterly beginning. Nish ons MINNESOTADEPARTMENof thatT0 TRAfaSPORrticular RTATION RICHT OF WAY PLAT NO. 0-08ay line of Parcel ,os r ed as Document No. 265755 and es amended on MINNESOTA DEPARTMENT 0.° TATION RIGHT OF WAY PLAT NO. 10-14,recorded as Document No. 279858,described (allows: menehg at the Southwest corner of said Section leo tones on an assumed bearing of 1 degree 56 minutes 40 seconds West,long the West nese of the Southwest Quarter of 'sok Section 10, a distance of 401.19 feet,to a parts ular right-of-way lie of said Parcel 216 an the point of beginning of the line to be detested; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 Net, to an angle point In said right-of-way Iine/ thence n, North 47 degrees 18 minutes 19 seconds East a distance of 22,71 feet.to a paint of curvature --] In said right-of-way Hina, thence Easterly a distance 662.60 feet, along a non-tangential curve Iconcave to the South having a radius of 633.04 feet and a central angle of 59 degrees 58 { minutes 14 seconds and having a chord of 632.76 feet which hears North 77 degrees 17 1 minutes 27 seconds East to on angle point in said right-of-say line thence North 56 degrees 18 minutes 30 seconds East, not tangent to wild curve a detain of 114.28 feet, to an angle Point In sold right-of-way One; thence North 22 degrees 13 minutes 10 seconds East along said right-ef-way link a distance of 116.13 feet and sold One there terminating. i3.10- AND AND w Parcel B: 1..900.3 That part of the Southwest Quarter of the Southwest Quarter of Section 10, Toughie 1t6, Rang.23 and the Northwest Quarter of the Northwest Quarter of Sedan 15, Tomei*116, Range 23, Carver County,Minnesota. desorbed as fouowa: :Se.S Beginning at the Southwest center of said Section 10t thence en an assumed bearing of North 1 degree 58 minutes 40 seconds West along the West line of odd Southwest Quarter, a distance of 1,023.08 fest, to a point on sold West Iine distant 168888 feet South of the West Quarter corner of said Section 10; thine*South 79 degree*e 32 minutes 20 emends Eat a distance of 177.77 feet; thence South 86 degrees 32 minutes 20 seconds East,a distance of 100.40 feet; thence South 78 degrees 32 minutia 20 wands East, a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet thence South 47 degrees 10,47 minutes 20 seconds East, a dietanoe of 75.43 feel thence North 82 degrees 42 minutes 40 ,.f6ewifude East,a distaioe of 74.98 feet; thence South 58 degrees 17 minute.20 seconds East. 'sNVQRMacs of 84.58 fast thence South 89 degrees 17 minutes 20 seconds East, a distance of 163.25 feet thence South 18 degrees 17 minutes 40 seconds West. a distance of 820.19 feet to the Northerly right of way lin of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said Northerly right of way,a distance of 33.08 feet; theooe South 56 degrees 40 minutes 55 seconds West dong said Northerly right of way, a distance of 158.95 Nd; thence North 85 degrees 54 minutes 50 monde West along said Northerly right of way, a distance of 518.22 feet to the West line of the Northwest Quarter of Section 15, Townehlp 116, Range 23; thanes North 1 degree 37 minutes 50 ascends West dung saw Wed line of the Northwest Quarter,a distance of 9.12 tett to the point of beginning. 1- EXCEPT that part of the above desabed property which Iles Ncrthwestrly of that particular 1 Northwesterly right-of-way line of Parcel 216,as shown on MINNESOTA DEPARTMENT OF ea°T'RANSPORTATIOFN PoONT OF WAY PLAT NO.10-06 recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANS>GtTATi1AJ RICHT OF WAY PLAT NO. 10-14, recorded on Document No. 279858,described as follows: Commencing of the Southwest corner of said Section 10; thence an an rimmed bearing of North 1 degree 56 minutes 40 seconds West,o'ong the West Ins of the Southwest Quarter of said Section 10,a&tape of 401.19 feet to a particular right-of--way line of sold Porte 216 and the point of beginning of the line to be duabed; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feel to an angle point In sold right-of-way line; theme North 47 degrees 18 minutes 19 emends East a distance of 22.71 feel to a point of curvature h said right-cf-way line; thence Easterly a distance of 662.60 feet along a non-tangential curve commie to the South having a radius of 633.04 feet end a aentrd angle of 59 degrees 58 minuteu 14 seconds and having a chord of 632.75 feet which bears North 77 degrees 17 minutes 27 seconds East to on angle point In sold right-of-way this; thence North 56 degrees 16 m'nutae 30 seconds East. not tangent to sold curve a distance of 114.28 feet to an angle point In odd right-of-way the; thence North 22 degrees 13 minutes 10 second.East,along said rfgnt-of-way lin, a distance of 116.13 fest ond sold line there te'mhothg. AND EXCEPT said Parcel 216. Carver County.Minnesota Abetroot Property 11 CONSENT Owners of all or part of the subject property,the development of which is governed by the foregoing Site Plan Permit,affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this 2i sr day of Se ficnj tr ,20 5 By n G Earnest Viae Pr�eMde M1.$5ourzl STATE OF Mittittlittit&141 ) (ss COUNTY OF J&C.k Soc St 5epk The foregoing instrument was acknowledged before me this �! day of �) 20 l 5,by 111 Ur!art G • Ec1,Qnest t ,the V Cc•Ptr5ic(iiY1- of g ► LINDKANA Notary PubliA cJ, Notary Seal State of Missouri1. or— Jackson County Commission # 15634039 N ARY PUBLIC My Commission Expires March 18. 2019 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O.Box 147 Chanhassen,MN 55317 (952)227-1100 12 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT ,which holds a mortgage on the subject property, the development of which is governed by the foregoing 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 day of ,20_ STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20,by ,the of . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O.Box 147 Chanhassen,MN 55317 (952)227-1100 13 1;111 EPR Properties- Return on Insight LINDA KANA 909 Walnut.Suite 200 Transaction Manager Kansas City.MO 64106 lindak@eprkc corn 816.472.1700 Cell:913 481.2032 Toll Free:888 EPR REIT Fax:816 472.5794 www eprkc corn