Letter & Site Plan Agreement 5-12-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
May 12,2006
Eden Trace Corp.
Attn: Mark Undestad or Ben Merriman
8156 Mallory Court
Chanhassen, MN 55317
Re: Site Plan Agreement, Lot 2, Block 2, Chanhassen West Business Park
Planning Case #06-11
To Whom It May Concern:
Enclosed is a site plan agreement that must be executed by the developer. Return
the agreement to the City for execution and recording at Carver County within
120 days of the approval (by August 8, 2006). The required security specified in
the site plan agreement shall be submitted prior to the city issuing a building
permit. A copy of the executed agreement will be returned for your files. If you
have any questions or need additional information, please contact me at (952)
227-1132.
Enclosures
c: Planning Case File #06-11
g:\plan\2006 planning cases\06-ll chan west business park lot 2\site plan agreement cover letter. doc
The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CITY OF CHANHASSEN
SITE PLAN PERMIT #06-11
SPECIAL PROVISIONS
AGREEMENT dated April 10,2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Eden Trace Corp. (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a one-story, 49,105 square-foot, multi-tenant office/warehouse building (referred to
in this Permit as the "project"). The land is legally described as Lot 2, Block 2, Chanhassen West
Business Park.
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 terms shall control. The plans are:
Plan A-Site Plan (Sheet AI) stamped received February 17, 2006, prepared by Houwman
Architects.
Plan B-Grading Plan (Sheet 2 of 6) stamped received February 17, 2006, prepared by Schoell &
Madson.
1
Plan C-Utility Plan (Sheet 3 of 6) stamped received February 17, 2006, prepared by Schoell &
Madson.
Plan D-Landscaping Plan (Sheet 5 of 6) stamped received February 17,2006, prepared by Shoell
& Madson.
Plan E-Elevations (Sheet A3) stamped received February 17, 2006, prepared by Houwman
Architects.
4. Time of Performance. The Developer shall install all required screening and
landscaping by November 30, 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.
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 or cash escrow in the amount of $5,000
($2,500 - boulevard restoration and driveway aprons 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:
Eden Trace Corp.
8156 Mallory Court
Chanhassen, MN 55317
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:
1
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. Approved Site Plan #06-11 as shown on the plans
stamped received February 17, 2006 and subject to the following conditions:
1. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration, landscaping and rain garden function on
Lots 2 and 3, Block 2. Minimum maintenance and inspection shall include maintaining rain
garden vegetation with non-invasive species and ensuring that the infiltration function of the
rain garden does not fail. All rain gardens and associated infrastructure on Lots 2 and 3, Block 2
shall be maintained by the property owner/association or property management company.
2. A professional civil engineer registered in the State of Minnesota must sign all plans.
3. Staff recommends that Type II silt fence be used adjacent to the storm water pond along the
west side of the lot. The applicant should be aware that any off-site grading will require an
easement from the appropriate property owner.
4. Installation of the private utilities for the site will require permits and inspections through the
City's Building Department.
5. Add the latest revision of City Detail Plate Nos. 1002, 1004, 1006,2204,3101,3102,3104,
3106,3107,3108,5201,5203,5207,5214,5215,5217,5300,5301, 5302 and 5302A.
6. The site has been previously assessed and each newly created lot will be subject to City
sanitary sewer and water hookup charges at the time of building permit issuance. The 2006
trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain per SAC unit, as
determined by the Metropolitan Council.
7. Permits from the appropriate regulatory agencies must be obtained, including but not limited
to the MPCA, NPDES, Minnesota Department of Health and Carver County Water
Management Area.
8. On the plans show the stop signs per city detail plate # 5217, the driveway aprons per detail
#5207 and pedestrian ramps must be constructed per detail plate #5215.
9. On the utility plan:
a. Show all the existing utilities sewer type, size and class.
b. Show all existing storm and sanitary structures rim and invert elevations.
c. Add a note to maintain 18-in minimum vertical separation between the watermain and
storm sewer intersection on the western car park.
d. Revise CB5 to CBMH5.
2
10. On the grading plan:
a. Show all the storm water structures rim elevations.
b. Show the EOF.
c. Show the actual existing elevation contours for the site.
d. Show minimum 75-ft rock construction entrance.
e. Extend the silt fence to close off the northwesterly entrance.
11. Cross-access easements for the shared driveway access must be obtained and recorded
against the Lots 1 and 2.
12. 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:
Time
Type of Slope (maximum time an area can remain unvegetated
when area is not activelv beilll! worked)
Steeper than 3: 1 7 Days
10:1 to 3:1 14 Days
Flatter than 10: 1 21 Days
13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
14. Construction site entrances and exits shall be indicated on plans and shall have maintained rock
. construction entrances as specified on City of Chanhassen detail plate 5301.
15. The building is required to have an automatic fire extinguishing system.
16. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
17. The accessible parking space at the northwest side of the building must be on the shortest
route possible to the northwest entrance.
18. A PIV is required on the building water service.
19. Detailed occupancy related requirements will be addressed when complete plans are
submitted.
20. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
21. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that
3
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
22. Yellow curbing and "No Parking Fire Lane" signs shall be required. Contact Chanhassen
Fire Marshal for exact location of yellow curbing and locations of signs to be installed.
23. Builder must comply with the following Chanhassen Fire Department/Fire Prevention
Division policies:
a. #4-1991 Regarding Notes To Be Included On All Site Plans
b. #7-1991 Regarding Pre-fire Drawings
c. #29-1991 Regarding Premise Identification
d. #34-1993 Regarding Water Service Installation
e. #36-1994 Regarding Proper Water Line Sizing
f. #40-1995 Regarding Fire Protection Systems
g. #06-1991 Regarding Fire Lane Signage
h. #52-2005 Regarding Commercial Plan Review Submittal Criteria
24. Lighting shall be high-pressure sodium.
25. The applicant shall revise landscape plan to show 11 landscaped islands or peninsulas within
the parking lot area.
26. The applicant shall revise the landscape plan to show 15 overstory trees, 37 understory trees,
and 52 shrubs along the south property line.
27. Sidewalk connections to Galpin Court and Lyman Boulevard must be constructed. The
sidewalks shall include pedestrian ramps at all curbs.
28. An architectural articulation shall be incorporated on the northern and southern fa<;ades.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
4
DEVELOPER: EDEN TRACE CORP.
BY:
Its
STATEOFMINNESOTA )
( 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 )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2006 by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
5
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.
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 property 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 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 warranted to be alive, of good quality, and disease free at the time of planting. All trees
6
shall be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the
warranties at the time of final 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 officers and
employees for all costs, damages, or expenses which the City may payor 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.
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.
Permit.
Third Parties. Third parties shall have no recourse against the City under this
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
7
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 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 and maintenance of equipment
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.
8
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 neither the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
9
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract 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
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
10
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
,2006
By
STATE OF MINNESOTA )
( ss
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2006, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
11