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Approval Letter 8-16-06 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 August 15,2006 Mr. Mark Undestad Eden Trace Corp. 8156 Mallory Court Chanhassen, MN 55317 Re: Planning Case #06-27, Waytek Lot 3 and parts of Lots 1 and 2, Block 1, Chanhassen West Business Park Dear Mr. Undestad: This letter is to confirm that on August 14, 2006, the Chanhassen City Council approved the following: Planning Case Site Plan #06-27 for a two-story, approximately 110,000 square- foot office-warehouse building, plans prepared by Houwman Architects, dated 6- 16-06, subject to the following conditions: 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. 3. The building is required to have an automatic fire extinguishing system. 4. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 6. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. 7. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Mark Undestad August 16,2006 Page 2 8. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 9. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. 10. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. 11. Architectural detailing shall be added on the northern building elevation. 12. Overstory trees shall be added every 40 feet along the north building elevation. 13. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. 14. A row of four conifer trees shall be added north of the parking spaces in the northwest comer of the loading dock area. 15. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. 16. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. 17. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. 18. Areas proposed for the preservation of existing trees shall not be sodded. 19. The developer must install a storm sewer stub south of CBMH 6. 20. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 21. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. 22. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. 23. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. Mr. Mark Undestad August 16,2006 Page 3 24. A revised grading plan must be submitted with the building permit application. 25. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. 26. Eight-inch watermain must be looped around the building. This watermain shall be privately owned and maintained. 27. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. 28. 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. 29. Fire apparatus access roads 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. 30. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36,40,49 and 52. 31. Drive aisle widths shall be a minimum of 26 feet. Enclosed is a site plan agreement that must be executed by Eden Trace Corporation. Return the agreement to me for city execution and recording at Carver County within 120 days of the approval (by December 12, 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. Additionally, the "administrative subdivision" must be completed and recorded prior to the issuance of the building permit. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. ~~ Robert Generous, AICP Senior Planner Enclosure ec: Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official g:\plan\2006 planning cases\06-27 waylek\approvalleUer.doc CITY OF CHANHASSEN SITE PLAN PERMIT # 06-27 SPECIAL PROVISIONS AGREEMENT dated August 14,2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Eden Trace Corporation (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a two-story, approximately 110,000 square-foot office-warehouse building (referred to in this Permit as the "project"). The land is legally described as Lot 3 and that part of Lots 1 and 2, Block 1, Chanhassen West Business Park, Carver County, Minnesota, according to the recorded plat thereof which lies northerly of the following described line: commencing at the southeast comer of said Lot 1; thence North 10 degrees 53 minutes 35 seconds West on an assumed bearing a distance of 142.22 feel along the easterly line of said Lot 1 to the point of beginning of the line to be described; thence South 89 degrees 55 minutes 19 seconds West a distance of 521.05 feet to the westerly line of said Lot 2 and said line there terminating. 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 7-10-06 prepared by Howman Architects Plan B--Grading Plan dated 6-14-06 prepared by Schoell Madson Plan C--Landscaping Plan dated 6-14-06 and revised 7-31-06 prepared by Schoell Madson Plan D--Utility Plans dated 6-16-06 prepared by Schoell Madson 4. Time of Performance. The Developer shall install all required screening and landscaping by July 1,2007. 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. 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 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall I 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 of the 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 certified mail at the following address: Mark Undestad Eden Trace Corporation 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: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Planning Case Site Plan #06-27 for a two-story, approximately 110,000 square-foot office-warehouse building subject to the following conditions: a. The developer shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. c. The building is required to have an automatic fire extinguishing system. d. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. e. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 2 f. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. g. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. h. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 1. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. J. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. k. Architectural detailing shall be added on the northern building elevation. 1. Overs tory trees shall be added every 40 feet along the north building elevation. m. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. n. A row of four conifer trees shall be added north of the parking spaces in the northwest comer of the loading dock area. o. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. p. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. q. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. r. Areas proposed for the preservation of existing trees shall not be sodded. s. The developer must install a storm sewer stub south of CBMH 6. 1. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 3 u. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. v. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. w. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. x. A revised grading plan must be submitted with the building permit application. y. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. z. Eight-inch watermain must be looped around the building. This watermain shall be privately owned and maintained. aa. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. bb. 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. cc. Fire apparatus access roads 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. dd. Builder must comply with Fire Prevention policies numbers 4,6, 7, 29,84,36,40,49 and 52. ee. Drive aisle widths shall be a minimum of 26 feet. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 4 CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: Eden Trace Corporation BY: Its STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 200_, 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. NOTARYPUBUC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 200_ by NOTARY PUBUC DRAFfED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 5 CITY OF CHANHASSEN SITE PLAN PERMIT EXHlBIT "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 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 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. 6 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 ofthe 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. S everabili tv. 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. 7 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 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. 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 8 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 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 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 _ day of ,20 . STATEOFMINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBUC DRAFfEDBY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 10