Site Plan Permit Transmittal 3-24-06
CITY OF CHANHASSEN LETTER OF TRANSMITTAL
PLANNING DEPARTMENT
7700 Market Boulevard
DATE JOB NO.
3/24/06 06-08
P.O. Box 147
ATTENTION
CHANHASSEN, MN 55317
Jeff Schmitt
(952) 227-1100 FAX (952) 227-1110
RE:
Site Plan Permit
TO: Rosemount, Inc.
8200 Market Boulevard
Chanhassen, MN 55317
WE ARE SENDING YOU
Attached Under separate cover via the following items:
Shop drawings Prints Plans Samples Specifications
Copy of letter Change Order Pay Request
COPIES DATE NO. DESCRIPTION
1 3/13/06 06-08 Site Plan Permit for Rosemount, Inc.
THESE ARE TRANSMITTED as checked below:
For approval Approved as submitted Resubmit copies for approval
For your use Approved as noted Submit copies for distribution
As requested Returned for corrections Return corrected prints
For review and comment For signatures
FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US
REMARKS
Please sign and notarize the site plan agreement where indicated and return to my attention. Once City
signatures have been obtained, I will mail a fully executed copy of the agreement to you for your records. If you have
any questions, please feel free to contact me.
COPY TO: Kate Aanenson, Community Development Director
SIGNED:
Kim Meuwissen, (952) 227-1107
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 06-08
SPECIAL PROVISIONS
AGREEMENT dated March 13, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Rosemount, Inc., (the "Developer").
Request for Site Plan Approval.
1. The Developer has asked the City to approve a site
plan for a 24,600 square foot office addition as well as an additional parking lot (referred to in this
Permit as the "project"). The land is legally described as Lot 1, Block 1, Chanhassen Lakes Business
Park.
Conditions of Site Plan Approval.
2.The City hereby approves the site plan on
condition that the Developer enter into this Permit and furnish the security required by it.
Development Plans.
3.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/B--Site Layout & Grading Plan dated February 24, 2006 by HGA Architects.
Plan C--Landscaping Plan dated February 24, 2006 by HGA Architects.
Plan D--Utility Plans dated February 24, 2006 by HGA Architects.
Time of Performance.
4.The Developer shall install all required screening and landscaping by
November 15, 2006. 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.
Security.
5. Not Applicable with this Site Plan Agreement.
Notices.
6.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:
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Jeff Schmitt
Rosemount, Inc.
8200 Market Boulevard
Chanhassen, MN 55317
952-949-7141
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 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.
A.
Wetlands, wetland setbacks and wetland buffers shall be preserved in accordance
with the conditions of the original site plan approval.
B.
The delineated wetland boundary for Lot 1, Block 3 shall be shown on the plans.
C.
The impervious surface coverage of the lot shall not exceed seventy (70) percent
because the property is located within industrial zones within the Lake Susan Shoreland District.
D.
The applicant shall control the crown vetch on-site, especially in the southwest
corner of the site and along the southern property line, to ensure the long-term health of the woodland
fringes, the buffer planting and Lake Susan.
E.
Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover year round, according
to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed soil areas
with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer
inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a
surface water.
F.
Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
G.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering)) and comply
with their conditions of approval.
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H.
All trees within or near the construction limits shall be fenced with tree protection
fencing before and during construction activity.
I.
Blacktop and sod or seed shall be installed prior to the occupancy of the building.
8.General Conditions.
The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
DEVELOPER: ROSEMOUNT, INC.
BY:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2006, by Thomas
A. Furlong, 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 )
3
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 20__ by
____________________________________.
__________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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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 this ____ day of _____________, 20__ By_____________________________
_______________________________
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of ____________, 20__ , by
_________________________________.
_________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
Right to Proceed.
1.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.
Maintenance of site.
2. 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.
License.
3. 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.
Erosion Control.
4. 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 authroize removal of the
erosion control measures.
Clean up.
5. 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.
Warranty.
6. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be
warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for
twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or
cash escrow to the City to secure the warranties at the time of final acceptance.
Responsibility for Costs.
7.
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
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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 plat development work and construction. Bills not paid within thirty (30) days shall
accrue interest at the rate of 8% per year.
Developer's Default.
8. 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.
Miscellaneous
9. .
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.
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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
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 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 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.
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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.
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