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Recorded Site Plan Agreement Thonus J. C~mpbell Roger N. Knutson Thom~s M. Seott Elliott B. Knetseh JocI J. J~mnik Andre~ l\leDowell Poehler M~tthew Ie. BraId' John f. Kelly Sorell M. M~ttiek Hcnry A. Schaeffcr, III Alill~ Schw~rtz Cr~ig R. 1\1eDowell l\bq~ueritc M. MeC~rroll Gin~ M. Br~lldt II- Also Licen.scd in \,:'isconsin 1380 Corpor:lte Center Curve Suite 317. Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ek.bw.eom CAMPBELL KNUTSON Professional Association *** RECEiVED AUG 0 4 2006 CITY OF CHANHASSEN Direct Dial: (651) 234-6222 E-mail Address:snelson@t:k-law.com August 2, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - MISe. RECORDED DOCUMENTS ~ Site Plan Permit #05-27 - V olk-Minger Properties, LLC (Lot 4, Block 2, Chanhassen West Business Park) Dear Kim: Enclosed for the City's files please find original recorded Site Plan Permit #05-27 with Yolk-Minger Properties, LLC concerning a 46,152 square foot office/warehouse building on Lot 4, Block 2, Chanhassen West Business Park. The permit was filed with Carver County on May 17,2006 as Document No. A441342. Regards, CAMPBELL KNUTSON Professional Association B . SRN:ms Enclosure cc: Bob Generous (letter only) '1 '.... Document No. A 441342 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 Check#: 15757 Certified Recorded on 05-17-2006 at 01 :00 D AM ~ PM II II IlIIi 11 III ~~y~~~~~r CITY OF CHANHASSEN SITE PLAN AGREEMENT # 05-27 SPECIAL PROVISIONS AGREEMENT dated September 29,2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Volk-Minger Properties, LLC, a Minnesota limited liability company, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 46,152 square foot office warehouse building (referred to in this Permit as the "project"). The land is legally described as Lot 4, 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 dated 8-31-05, revised 9-16-05, prepared by Houwman Architects Plan B--Grading Plan prepared by Shoell & Madson, Inc. Plan C--Landscaping Plan dated prepared by Shoell & Madson, Inc. dated 9.16.05 Plan D--Utility Plans prepared by Shoell & Madson, Inc. 1 ~ ~!' ~ . ' " . ~ 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2006. The Developer may, however, request an extension of time fromthe 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, cash escrow, or equivalent ("security") for $5,000.00 ($2,500.00 - boulevard restoration and $2,500.00 - 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 insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount ofthe requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 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: Karen C. Minger V olk-Minger Properties, LLC 8470 Galpin Boulevard 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 registered mail in care of the City Manager at the following address: 2 'c . Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. (Site plan approval 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. The building is required to have an automatic fire extinguishing system. c. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. d. PIV is required on the building water service. e. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. f. Fire apparatus access road and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. g. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. h. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. 1. 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 fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. J. An additional fire hydrant will be required in the island off the northeast comer of the building. Contact Chanhassen Fire Marshal for exact location. k. Comply with Chanhassen Fire Department/Fire Prevention Policy #29-1991 regarding premise identification. 1. Revise the lighting plan to incorporate shielded light fixtures. Lighting shall be high-pressure sodium. 3 . I I r " m. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Park. n. All wetland impacts shall be mitigated in accordance with the Wetland Alteration Permit for Chanhassen West Business Park. o. All wetlands and proposed mitigation areas shall maintain a 16.5 - 20-foot buffer strip around the perimeter of the wetlands. p. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. q. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. r. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the wetland buffer. s. Silt fence shall be installed along west property edge behind retaining wall near flared end section to minimize sediment erosion. t. Silt fence shall be installed outside of wetland buffer edges. u. The contractor shall use a Wimco or similar catch basin erosion control BMP. v. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvpe 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: 121 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. w. All erosion control measures shall be installed and maintained in accordance with City, Carver County Water Resource Management Area and MPCA permit requirements. x. A NPDES permit will be needed for the site and a completed SWPPP is needed for the site and should be available at the preconstruction meeting and on site during construction. 4 I' If. y. The contractor shall inspect daily all erosion control measures and perform maintenance on BMPs as needed or required. z. The storm water pond on Outlot A shall be constructed prior to or concurrent with the development of this site. All storm sewer infrastructure between this site and the outlet into the storm water pond on Outlot A shall be installed prior to or concurrent with this development. aa. The applicant shall increase the number of trees and islands/peninsulas in the parking lot to meet minimum landscape requirements. bb. Tree protection fencing shall be installed at the grading limits prior to any construction and remain until construction is completed. cc. The applicant shall locate additional landscaping at the southern end of the property. Native species shall be used. dd. The existing swale west of the parking lot shall be filled in to eliminate or reduce the height of the proposed retaining wall. ee. Retaining walls that exceed four feet in height must be designed by an Engineer registered in the State of Minnesota and require a building permit. ff. If feasible, the proposed storm sewer west of the parking area shall be eliminated and rerouted to the storm sewer system to the east. gg. Disturbed areas must be restored to a minimum 3: 1 grade. hh. Pipe bollards must be installed around all locations where the pavement grade exceeds 5%. 11. The eastern access to Lot 4 must align with the eastern access to Lot 5. The radius of the access to Lot 4 must accommodate the turning movement for a small delivery truck. JJ. The grey line type shown in the legend should be labeled "by others", not "existing" . kk. Verify that the storm sewer on the west side of Lot 4 will be constructed with the site plan improvements for Lot 5 or adjust the line type accordingly. 11. The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26 feet wide, built to a 9- ton design, and enclosed within a 40-foot wide private easement. A cross-access easement must be obtained and recorded before building permit issuance. The developer must submit testing reports verifying that the driveway is built to a 9- ton design. 5 ,I If. mm. A sidewalk connection to the public street must be constructed. The sidewalk shall be installed on the west side of the eastern site access and on the south side of the private drive. The sidewalk shall include pedestrian ramps at all curbs. nn. A minimum six-foot high, opaque fence shall be included in the landscape island around the storage area. 00. The fabric storage building is prohibited. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN BY:~ !.U AND: LLC BY: Its A A-t'l 4j e r 6 'I' . STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this~~ay Of~, 20~ 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. ( ss. , r~ KIM T. MEUWISSEN I Notary Public-Minnesota My Commission Expires Jan 31, 2010 STATE OF MINNESOTA ) COUNTY OF Qa.l't(:( ) ~o~ The foregoing insttument was acknowledged before me this h day of ---.8:.(1f': I by k-1t-f'e..-r1 /V] i '" 1 e-r a/~/a Karen C. Minger, the Manager of VOLK-MINGER PROPERTIFS, LIe, a Minnesota limit~) =npany, on its behalf. ~~~ -- 'THOMAS J. HUGHES IV' . Notary Public-Minnesota .- My CommlS8lon Expires Jan 31, 2010 , NOTARYPUBUC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 7 " , CONSENT MP DEVEIDPMENT, LLC, a Minnesota lirni too liability company, 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 li day of ~~ MP By Its Manager STATE OF MINNESOTA) ( ss COUNTY OF Lo-( IJ e y' ) dOO' The foregoing instrument,was acknowledged before me this ft day of ~, ~,bY ~"'T+,i'L-l<- (v,.~~f':/k/a patri~~~ Mana. ger of MP DEVEIDPMENT, LLC, a Minneso lirni too liabili t ~lf . NOTARY PUBLIC I THOMAS J. HUGHES IV' Notary Public-Minnesota ..... My CommIssion expires Jan 31. 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 8 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION 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 9 . f ... 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 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 10 . . 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. Severabilitv. 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. 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 11 " 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 6:00 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 12 . , 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 the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 . .~ MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT COMMUNITY BANK CORPORATION , which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this l.=L day of ----M-tiL, 20!!9 COMMUNITY BANK CORPORATION ~ c-~-~ -A. \/.. Po Con-,~c-1."i Lv ~S,. STATE OF MINNESOTA ) f\ ( ss. COUNTY OFL' ~I~\ft r- ) The foregoing instrument was acknowledged before me this ~ day of ~ (" t 200tJ, by --rh.n~ -::;, \'-Lv., \,e...-s. the A.V.P. Cornnercial Loans. of CollU11UIlity Bank Corporation, on behalf of the ~_ -J\ ~ ~ I _~Xl)-- ~t. ~!-l\~~ RITA F. KEMKES NOT Y PUB IC Notary Public-Minnesota My CommIIIIon ExpIrN./In 31.2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard C, P.O. Box 147 W Chanhassen, MN 55317 (952) 227-1100 1~