Loading...
DOCS-#219819-v1-SITE_PLAN_AGREEMENT_2020-21___RECORDED_A739695Document Number: A739695 Filed and/or Recorded on Dec 28, 2021 1:54 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy DL Document Recording Fees $ 46.00 ------------------------------------------------------------ Document Total $ 46.00 Requesting Party: City of Chanhassen Pages: 11 CITY OF CHANHASSEN SITE PLAN AGREEMENT 2020-21 CHRISTIAN BROTHERS AUTOMOTIVE SPECIAL PROVISIONS THIS AGREEMENT ("Site Plan Agreement") dated December 14, 2020, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and CBH PROPERTIES CHANHASSEN, 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 construction of a 5,100 square foot auto repair shop (Clu-istian Brothers Automotive), Planning Case 2020-21 (referred to in this Site Plan Agreement as the "Project"). The land is legally described Lot 3, BlocIc 1, Crossroads of Chanhassen, according to the recorded plat thereof, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement and furnishes 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 Agreement. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: (C0.0) Cover Sheet dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. PlanB: (C0.1) General Notes dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. Plan C: (C0.2) Alta Survey dated Received October 30, 2020, prepared by Egan, Field & Nowak, Inc. Plan D: (C1.0) Demolition and Erosion Control — PH.1 Plan dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. SPI 216799v2 PlanE: (C1.1) Erosion and Sediment Control Details dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. Plan F: (C2.0) Site Plan dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. Plan G: (C2.1) Site Details dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. Plan H: (C2.2) Site Details dated Received October 30, 2020, prepared by Kirnley-Horn and Associates, Inc. Plan I: (C3.0) Grading, Drainage & Erosion Control PH.2 Plan dated Received October 30, 2020, prepared by Kimley-Hom and Associates, hie. Plan J: (C3.1) Grading and Drainage Details dated Received October 30, 2020, prepared by Kimley-Horn and Associates, hie. Plan K: (C4.0) Utility Plan dated Received October 30, 2020, prepared by Kimley-Horn and Associates, Inc. Plan L: (C4.1) Utility Details dated Received October 30, 2020, prepared by Kunley-Horn and Associates, hie. Plan M: (EX-1) Vehicles Access Exhibit dated Received October 30, 2020, prepared by Kimley-Hom and Associates, Inc. Plan N: (A-4) Exterior Elevations dated Received October 30, 2020, prepared by Cortland Morgan Architect. Plan O: (A-4.IA) Color Exterior Elevations dated Received October 30, 2020, prepared by Cortland Morgan Architect. Plan P: (A-4.1B) Color Exterior Elevations dated Received October 30, 2020, prepared by Cortland Morgan Architect. Plan Q: (A-4.2A) Color Rendering dated Received October 30, 2020, prepared by Cortland Morgan Architect. Plan R: (A-4.213) Color Rendering dated Received October 30, 2020, prepared by Cortland Morgan Architect. Plan S: (A-4.3) Site Photometric Plan dated Received October 30, 2020, prepared by Cortland Morgan Architect. Plan T: (LP-1) Landscape Planting Plan dated Received October 30, 2020, prepared by Evergreen Design Group. SP2 216799v2 Plan U: (LP-2) Planting Details and Specs dated Received October 30, 2020, prepared by Evergreen Design Group. Plan V: (TD-1) Tree Survey dated Received October 30, 2020, prepared by Evergreen Design Group, Inc. Plan W: (LI-1) Irrigation Plan dated Received October 30, 2020, prepared by Evergreen Design Group, Inc. Plan X: (LI-2) Irrigation Details and Specs dated Received October 30,' 2020, prepared by Evergreen Design Group, Inc. Plan Y: (LI-3) Irrigation Details dated Received October 30, 2020, prepared by Evergreen Design Group, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by July 31, 2022. 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 Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") in the amount of $ 418,172.97. This amount has been calculated at a rate of 110% of the actual value of the improvement and will be included in the security required by the Development Contract. The City will release the security posted in accordance with the City Code. 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 registered mail at the following address: Billy Green Jr.1 Property Procurement Manager Christian Brothers Automotive Corporation 17725 Katy Freeway I Suite 200 1 Houston, TX 77094 T: (281) 675-6192 C: (281) 413-8192 E: billy.green a,ebac.com Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care ofthe 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. On December 14, 2020, the City Council adopted the following motion: SP3 2I6799v2 SITE PLAN APPROVAL "The City Council approves the site plan consisting of a 5,100 square -foot automotive repair shop, Planning Case 2020-21 as shown in plans dated "Received October 30, 2020", including the attached Findings of Fact and Decision, subject to the following conditions: Environmental Resources Conditions: 1. All existing trees on site to be saved during construction shall be protected at all times by tree preservation fencing. Trees that are damaged or dead will be replaced. Engineering: 1. The applicant shall provide a traffic control plan for review and approval for the removal and restoration of the original access had from Crossroads Boulevard prior to commencement of construction activities on -site. 2. The applicant shall pay the appropriate sanitary sewer and water trunk hook-up fees at the time of building permit issuance. These fees are based on the number of SAC units assigned by the Met Council and are due at the time of building pen -nit issuance. The 2020 rates are $2,302.00/unit and $7,974.00/unit for sanitary sewer and water, respectively. 3. Prior.to commencement of any construction activities, a copy of all required hermits from the appropriate regulatory agencies shall be provided to the city which shall include, but is not limited to: the Minnesota Department of Health, the Minnesota Department of Transportation, the Metropolitan Council Environmental Services, the Minnesota Pollution Control Agency, Riley Purgatory Bluff Creek Watershed, etc. Water Resources: 1. The applicant has provided an erosion and sediment control plan as required by Chapter 19-145 of the City Code. The applicant shall update the plans to include the city's Water Resources Coordinator as the contact on the plans (Matt Unmacht, Water Resources Coordinator, 952-227-1168), 2. The applicant shall evaluate and analyze that the impervious surface from this site will not inundate or negatively impact the downstream MnDOT facility based on new rainfall requirements (TP-40 vs. NOAA Atlas 14). This analysis must be provided to the City under separate cover. Planning: 1. Approval of the site plan shall be contingent upon approval of the Planned Unit Development amendment to allow Automotive Repair shops. 2. All rooftop and ground equipment must be screened from views. SP4 2I6799v2 3. Sign illumination and design shall comply with the ordinance. 4. The exterior material for the trash enclosure must be of the same exterior material as the building. 5. The monument sign may not exceed 24 square feet in area nor be higher than five feet. The sign shall be located 10 feet from the property line. A sign permit is required before construction of the sign. 6. Sign illumination and design shall comply with ordinance. 7. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 8. Any prior approvals for a bank building on the subject site shall be null and void. 9. No unlicensed or inoperable vehicles shall be stored on the premises except in appropriately designed and screened storage areas. 10. All repair, assembly, disassembly and maintenance of vehicles shall occur within closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 11. No public address system. 12. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all -terrain vehicles. 13. Disposal of vehicle fluids shall comply with PCA regulations. 14. Facilities for the collection of waste oil must be provided. 15. All service/garage doors shall be screened. 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit 'B" and incorporated herein. SP5 216799v2 STATE OF M[NNESOTA ) {ss. COUNTY OF CARVER ) -�} The foregoing instrtunent was acknowledged before me this :�" day ol��, 2021, by Elise Ryan, Mayor, and Laurie Holcicanen, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. / .� n n SP6 2I6799v2 am _ WKIM T. MEUWISSENotary Public -Minnesota Commisalon Expires Jan 31, 2025 CBH PROPERTIES CHANHASSEN, LLC The foregoing instrument was acknowledged before me this day of , 2021, by Jacques Craig, Vice President of CBH Properties Chanhassen, LLC, a Minnesota limited liability company, on behalf of the company. ARVIE tdiitatY Plii366�� �2�D11 C©CT M. Expires 1otarY VET 129 DRAFTED BY. City of Chanhassen 7700 Market Boulevard P. O. BOX 147 Chanhassen, MN 55317 (952) 227-1100 SP7 216799v2 VARY UBLIC CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "B" 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) Site Plan Agreement has been fully executed by both parties and filed with the City Cleric, 2) the necessary security and fees have been received by the City, 3) the Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 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, Plans D and E, shall be hnplemented, 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 treasures. S. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowing materials, 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 City shall retain $3,180.00 of the GC1 216799`2 posted security for landscaping for twelve (12) months following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) month period, the City shall release the remaining security to Developer within ten (10) business days of request therefore. 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 Agreement, 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 Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat 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 written notice of the work in default, not less than fourteen (14) days in advance, except that no written notice will be provided in the event of an emergency as determined by the City in its sole discretion. This Site Plan Agreement 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. GC2 216799v2 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 Site Plan Agreement. 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 Site Plan Agreement. 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 Site Plan Agreement shall not be a waiver or release. H. Recording. This Site Plan 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 tinder 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 Site Plan Agreement shall be from 7:00 a.m. to 7:00 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 S stems. 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 property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances, and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; GC3 216Mv2 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 Site Plan Agreement. 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. gAplan12020 planning cases120-21 9941 crossroads blvd (christian bras automotive)Irevised documents 10-30-201recording documentslsite plan agreement.docx GC4 216799v2 E-recording Report of Recorded Documents Itemized Fee View Prepared for: City of Chanhassen (MNTQ4B) Cost center: Chanhassen Report generated: 12/28/2021 01:24 PM MST Documents Recorded NAME Carver County, MN Dec 28, 2021 TYPE PG ENTRY RECORD DATE SF AMT TOTAL PROCESSED Chan - Christian Brothers Chan - Site Plan Ag 2021-21 CBH Properties CERTIFICATE 11 739695 12/28/2021 01:54 PM CST Submission Fee 3.25 Recording Fee 46.00 49.25 12/28/2021 0.00 No fee 0.00 0.00 12/28/2021 3.25 46.00 49.25 3.25 46.00 49.25 Totals for Carver County, MN 3.25 46.00 49.25 Recording Fee Totals COUNTY RECORD DATE SF AMT TOTAL Carver County, MN 12/28/2021 3.25 46.00 49.25 Totals for Carver County, MN 3.25 46.00 49.25 Total of All Recording Fees 3.25 46.00 49.25 Document Count; Package Count: 1 Questions Contact: Simplifile Support 800.460.5657, option 3 5072 North 300 West Provo, UT 84604