Site Plan Agreement recorded 4-29-05
Thomas J. Camphell
Roger N. Knutson
Thomas M. Scott
Elliott B. Kndsch
Joel J. Jal1lHik
Andrea McDowell Poehler
Matthew K. Hrokl'
John F. Kelly
Soren M. Mattick
Henry A. Schadfcr, I i I
Alina Schwartz
Marguerite M. Md:anol1
Gina M. Brandt
:.' Also f,;cL'H.tocd iJ1\ViscoH,',;n
1380 Corporate Cenler Curve
Suite 317. Eagan, MN 55121
651-452-5000
bx 651-452-5550
www.ck-bw.COlH
CAMPBELL KNUTSON
RECEIVED
OCT 0 3 Z005
CITY OF CHANHASSEN
September 30,2005
Ms. Kim Meuwissen
Chanhassen City Hall
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Villages on the Ponds 9th Addition
Dear Kim:
Enclosed herewith for your files is a copy of the recorded Site Plan Permit
#04-40 for Villages on the Ponds 9th Addition. Please note that this Site Plan was
recorded with the Carver County Recorder on April 29, 2005, as Document No. A
413057.
Very truly yours,
By:
cjh
Enclosure
...
~.. ~
Document No. OFFICE OF THE
A413057 COUNlYRECORDER
, II"IIIII~IIIIII CA~VER COUNTY, MINNES(
II II Fee. $ 20.50 Check#: 360
Certified Recorded on 04-29-2005 at 02:30 0 AM
11111.illlll
CITY OF CHANHASSEN
SITE PLAN PERMIT #04-40
SPECIAL PROVISIONS
AGREEMENT dated December 13, 2004, by and between the CITY OF CHANHASSEN. a
Minnesota municipal corporation. (the "City"), and Kinsale of Chanhassen,lLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a an 18,188 square foot commercial building with a variance from the commercial design
standards to pennit less than fifty (50) percent of the first floor fa<;ade that is viewed by the public
to include transparent windows andlor doors (referred to in this Permit as the "project"). The land
is legally described as Lot 1, Block 1, Village on the Ponds 9th Addition, Carver County,
Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit 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 tenns shall control. The plans are:
NC'S"l~~,.3-MPLS (KB)
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Plan A-Site Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc.
Plan B-Grading, Drainage, and Utility Plan dated October 15, 2004, prepared John Oliver &
Associates,Inc
Plan C-Landscaping Plan dated October 15,2004 prepared by Milo Architectural Group, Inc.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 1, 2005. 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 Jetter of credit from a bank, or cash escrow, in the amount of $5,000.00
($2,500 - boulevard restoration and $2,500 - erosion control). 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 ensure the installation
of said landscaping.
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:
Kinsale of Chanhassen, llC
c/o Ms. Vemelle Clayton
Lotus Realty Services, Inc.
P. O. Box 235
Chanhassen. MN 55317
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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. Approved Planning Case #04-40 as shown on the plans dated
October 15,2004 and subject to the following conditions:
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. Outlot B, Village on the Ponds 8th Addition must be replatted in to a Lot and Block
configuration prior to issuance of a building permit.
c. The sidewalk in the northeast comer of the site shall be connected to the sidewalk on
Lake Drive.
d. The developer shall install bicycle racks on site.
e. All landscape islands and peninsulas in the parking lot requiring trees must have a
minimum inside width of ten feet.
f. Two overstory trees are required in the parking lot.
g. A total of seven bicolor oaks are required along Great Plains Boulevard.
h. A revised landscape plan shall be submitted to the city prior to building permit approval.
1. The building must be protected with an automatic fire sprinkler system.
J. The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
k. An eight foot wide access aisle must be provided for one of the accessible parking
locations.
1. The building owner and or their representatives shall meet with the Inspections Division
to discuss plan review and permit procedures.
m. The City's standard detail plate for silt fence installation shall be included in the
construction plans.
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n. Construction site access points shall be minimized to controlled access points with rock
entrance and exit pads installed and maintained throughout construction.
o. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Time
(Illaxia.m time an &rell ea. reJdUt lUtvegt(ated
. c:' .
Daily scraping and sweeping of streets shall be completed anytime construction site soil,
mud, silt or rock is tracked or washed onto paved surface or street that would allow
tracked materials or residuals of that material to enter the storm water conveyance system.
p. All plans must be signed by a registered Civil Engineer in the State of Minnesota.
q. Show the dimensions of the new parking stalls on the site plan. The new parking Stans
are required to be 9~feet wide by 18~feet long.
r. Add the latest City standard detail plate nos. 5203,5214,5215,5300,5301.
s. On the grading/utility plan:
(1) City as.builts show the size of the existing sanitary service as 6-inch diameter;
revise the proposed pipe size shown on the plans to comply.
(2) Show the propo~ sanitary sewer service invert.
(3) Show all proposed contours.
(4) Show a minimum 75~foot rock construction entrance.
(5) Revise the size of the proposed storm sewer to be a maximum of 12-inch
diameter.
(6) Revise the plan to show the correct elevation contours and spot elevations.
t. Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
u. The applicant must show the location/elevation of an emergency overflow point for the
parking lot that is 1.5~feet lower than the proposed building elevation.
v. Storm sewer sizing calculations are required to be submitted at the time of building
pemrlt application. The proposed storm sewer must be sized for a 10.year storm event
w. Sanitary sewer and water hookup charges will be applicable for the new building. The
2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for
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watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on
the number of SAC units calculated by the Met Council. These charges will be collected
at the time of building permit issuance. Sanitary sewer and watermain hookup fees may
be specially assessed against the parcel.
x. The minimum drive aisle width required for the parking lot is 26.feet. Revise the plans to
comply.
y. An NPDES permit from the MPCA must be obtained for the site grading.
z. The northbound lanes of Ore at Plains Boulevard, south of Lake Drive, must be striped for
a left-through lane and a right-turn only lane along with appropriate signage.
aa. Extend the pick up area to include the area of the two handicap stalls directly adjacent to
the pick up area and relocate the handicap stalls to the south portion of the building.
bb. Fire Marshal conditions:
(1) A 10 foot clear space must be maintained arOlUld fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transfonner boxes.
This is to ensure fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
(2) Yellow curbing and "No Parking Fire Lane" signs will be required. Contact the
Chanhassen Fire Marshal for exact location of yellow curbing and location of
signs to be installed.
(3) Submit utility plans to Fire Marshal for review and approval.
8. General Conditions. The general conditions of this Permit are attached as Exhibit" A" and
incorporated herein.
::~
Thomas A. Furlong, Mayor
(SEAL)
AND:~4^~
dd Gerhardt, City Manager
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DEVELOPEn.:
I(/~ Of (J ~.cI. t./'~
BY; ./~ ,~, - ,
Its ~ ~"
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this~ ~ of ~
200.f, by Thomas A. Furlong. Mayor, and by Todd Gerhardt, City Manager, of.the City of
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Chanbassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
~~~
NO Y PUBLIC '
--
( ss.
I
KAREN J. ENGELHARDT
Notary Public-Minnesota
My Commlu/on El(p'. J1n 3', 2010
STATE OF MINNESOTA )
COUNTY OF ~VL )
The foregoing instrument was acknowledged before me this :u, ~day of ~
200S-by 1I~ , Vice P~esident of Kinsale of Chanhassen,
ARY PUBLIC '
DRAFfED BY:
City of Chanhassen
7700 Market Boulevard
Cbanhasseo, MN 55317
(952) 227-11 00
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan 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 thisi!:tJIday of ~ ,200.4L'
iJOP I) LL. a
By ddk H~
Vtce ?1l~S.
STATE OF MINNESOTA )
( ss
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this :1.7 r:I1 day of ~
200~, by ~
a Millnesot.a linli ted
, Viqe President of VQP I, LLC,
I KAREN J. ENGELHARDT I
Notary Publio.Minnesota
V'u/V..~~-V~~.
... ..... ... y ......... "
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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CITY OF CHANHASSRN
SITE PLAN PERMIT
EXHIBIT "A"
OFNF.RAT. CO~mON
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the ~ remove trees, constmct improvements, or any buildings until all the following
conditions have been satisfied: 1) tlris agreement has been fully executed by both parties and filed
with the City Clerk, 2) the necessary secmity and fees have been received by the City, and 3) the
City has issued a building pennit.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and grOlmd 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 property to perfonn 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 p~ seed
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shall be certified seed to provide a tempormy 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 pennits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained lUltil 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. Oean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including materials that have blown, 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 WaITa.1J.tedto 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
con1raCtor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the
wammties at the time offinal acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting
from site plan approval and development. The Developer shall indemnify the City and its
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officers and employees for all costs, d8roages~ 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 balt all plat development work and construction. Bills not paid within
thirty (30) days shall accme 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 Cow1 order for
pennission to enter the land. When the City does any such wor~ the City may, in addition to its
other remedies~ assess the cost in whole or in part.
9 . Miscellaneous.
A Cnndnllmon Trai1~. Placement of on-site construc1ion 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. poRtAl ~(".e. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Thhrl P~rilp.~, Third parties shall have no recourse against the City under this
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Permit.
D. R1'P.A~h of Contract. Breach of the terms of this Permit by the Developer shall be
growds for denial of building permits.
E. ~ev~11ity, If any portion. section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect 1he
validity of the remaining portion of this Contract.
F. OCCllpanq, Unless approved in writing by the City Engineer. no one may occupy a
building for which a building perJnit is issued on either a temporary or pennanent basis until
the streets needed for access have been paved with a bituminous surfuce and the utilities
tested and approved by the city.
G. WaivP.A!AmP.ndment~. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract To be bindingt amendments or
waivers shall be in writing, signed by the parties and approved by written resolution of the
City Cmmcil. The City's failure to promptly take legal action to enforce this Contract shall
not be a waiver or release.
H. R~.mrling This Permit shall nm with the land and may be recorded against the title
to the property.
1. RP.mP.dip.~ Each right, power or remedy herein conferred upon the City is
cumulative and in addition to eveIy 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,
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power or remedy.
J. ConmnJction HOIl~ The nonna! construction hours and maintenance of equipment
under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. 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 hourn will require City Council approval.
K. ~il TTP.f.'Itment ~P.1T\~, If soil treatment systems are required, the Developer shall
clearly identify in the field' and protect from alteration, tmless 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. ('.omI'JiAn~ with T.a~ Ord.inance~, ancJ R~I1atiQn~. In the development of the
site plan, the Developer shall comply with all laws, ordinances, and regulations of the
following authorities:
1. City of Cbanhassell;
2. State ofMinneso~ its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Me1ropolitan Government, its agencies. deparbnents 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 ehter into this Development Con1raCt
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N. Soil r.onrlitions. 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 indenntifY~ defen~ and hold
hannless 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 \'i1lStes or pollutants were caused to be there by the City.
O. Soil C01Tedinn. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning neither the nature
of suitability of soils nor the cost of correcting any unsuitable. soil conditions which may
exist.
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