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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) 1 ,.' ' . ," . 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 2 ~ ' . 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. 3 " , . 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 4 ~ L " 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 5 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 " 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 6 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 7 " 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 8 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 9 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 10 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, 11 .. . # 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 12 . 04" , . 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. 13