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Site Plan Permit Thonus J. Campbcll Rogcr N. Knutson Thomas 1\1. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew Ie. Brold. John r:. Kclly Sorcn M. Mattick Henry A. Sdlacffer, III Alina Schwartz Craig R. McDowell Margucritc M. McCarron Gina M. Brandt 61 Also ficctlH'd in \Ji'iscons;n 1380 Corporate Center Curve Suite 317 . Eag:lO, MN 55121 (,51-452-5000 Fax (,51-452-5550 www.ek-bw.col11 CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com REC~~~U~"'D..'" .,~..., \~!: j JULIO 2006 CITY OF CHANHASSEN July 7, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - MISe. RECORDED DOCUl'r1ENTS >- Site Plan Permit #06-08 - Rosemount, Inc. (Lot 1, Block 1, Chanhassen Lakes Business Park Second Addition) Dear Kim: Enclosed for the City's files please find original recorded Site Plan Permit #06-08 with Rosemount, Inc. concerning a 24,600 square foot office addition and an additional parking lot on Lot 1, Block 1, Chanhassen Lakes Business Park Second Addition. The permit was filed with Carver County on April 14, 2006 as Document No. T157861. Regards, CAMPBELL KNUTSON Professional Association SRN:ms Enclosure ~ ~ Document No. T 157861 11111111111 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check # 15614 Cert. # 29320 Fee: $ 46.00 Certified Recorded on 04-14-2006 at 11:00 ~AM 0 PM 11111 II ImU III I 1111 ~~::,~~~~r 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., a Minnesota corporation (the "Developer"). 1. Request for Site Plan Approval. 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 Second Addition. 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/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 Februa..;r 24, 2006 by HGA Architects. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 15, 2006. The Developer may, however, request an extension oftime 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. Not Applicable with this Site Plan Agreement. 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: 1 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 comer 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 Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) 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. 2 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. (SEAL) C~OFL~S BY:. ~ . Th7!~~ Furl AND: ~f Todd Gerhardt, City Manager DEU. PER: ROSEMOUNT, INC. BY: ~1/l ~1C{f;- Its V P /{3/1} RO(emouV1rNuc/~cn STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ~ay of (] JlA~.i , 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City ~sen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I >~ KAREN J. ENGELHARDT I Notary Public-Minnesota ,... .. My Commission Ex ires Jan 31, 2010 cPj~ 3 STATEOFMINNESOTA ) ( ss. COUNTY OF <:~\l"'eft- ) The fore~ing instrument was acknowledged before me this ~"1 day of n L<lJ~."" , 20o.b by - ~, ::::)(.hrY\it\- a/k/a Jeffre . w. Schmitt, the Vice President/General Manager of Roserno t, Inc., a Minnesota corporation, on behalf of the corporation. . ~M. ~J.- NO Y PUBUC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 4 , J. ; ~ ; " r Ji ." p~J" :) ;;; u..'": t_#'~< 'l Y~_';::'..t.~ ~),,;ii'.f1 ",'~C!\;.t" '.,~f<';-:_C):t~:'''.1 .' - - ~-'" ! L rUJt. /~;lt)r -j .'nj'Tl(.)~~~~'~~ CONSENT Rosemount, Inc., a Minnesota corporation, 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 pro erty owned by. IN . Dated thi~Jh day of mCln:.h. , 2001.0 tX,/ear STATEOFMINNESOTA ) ( ss COUNTY OF QAA\J~ ) ~ _The forej;oing instrument was acknowledged before me this ,;)1""'- day of ~V\.{;ca.k , 20~ by ~++re.'-{ ~Lh.md"~. a/k/a Je~frey w. Schmitt, the Vice presi~ent/General Manager of Rosemount, Inc., a Minnesota corporatio, o~ \IV '\ C' , r. r r.. behalf of the corporatio:r;l. '--.LJ~ r , \. ~ NOT .Y PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 5 , , " r ,... _ _.. ~ :.,....;l>",!"'''''~'_~~~ i'.' . ".> '. " .",'",.c.,. ,~.~.' .. ", ~j """-L.' t,ll ,,:,.,),.'1 ','"- ,:~"'\ ,., -, "~"",,.. '. ',' "1'1 '1'0' ,,< 't..~,;:r,:fS ~ r' ," . '.' '~:-;:'":'7:_~':; _r\;:~.f;( Ii Dr,.;~. . ~ ~~~~.:~'4'.t..~.l ~rftt\~~~..~ . N"'.-."'f' ... . ;~ CITY OF CHANHASSEN SITE PLAN PERMIT 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) 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. 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, 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. 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 blowables, 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 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. 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 6 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 gi yen 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. 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. W aivers/ 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. 7 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 fumish 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. 8 '.. .. . . '" f ! . 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. 9 -k t~ J(~1.rr1 "- 3/7 fty'd,/Ylc(U& ~~ &u /3 c;' 0 ~/M/{td:z ~~/ ~ f f(j~ I 11'1. h iJ5/?-( ..... .... f ~ . "I .1 . ..