Site Plan Permit Recorded
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Suite 317. bgJn, ~,IN 55121
651-452-50:0
Fax 651-452-5550
www.ck-IJw.col1l
CAMPBELL KNUTSON
Professional Associ;-;tion
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@t:k-Iaw.com
RECEiVED
OCT 1 8 2006
CITY OF CHANHASSEN
October 17, 2006
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
>- Site Plan Permit #06-27 - Waytek, Inc./Eden, LLC
(Lot 3 and Part of Lots 1&2, Block 1, Chanhassen West Business Park)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan Permit #06-27 with
Eden, LLC approving a site plan for a two-story, approximately 110,000 square-foot
office-warehouse building on the above described property. The site plan permit was
filed with Carver County on September 27,2006 as Document No. A450655.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN :ms
Enclosure
.'
Document No.
A 450655
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $ 46.00 Check#: 16323 /
Certified Recorded on 09-27-2006 at 03:30 D AM~M .
'--
450655
111111111111
CITY OF CHANHASShN
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, 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 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 of521.05 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:
Phm 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 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, cash escrow, or equivalent ("security") for
$5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a ~ oJ
Certificate of Occupancy pri or to the iostallatioll of site landscapillg, thell the developer shall ~ _
1 )t~ ~
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, LLC
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 ofthe 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.
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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. Overstory 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.
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,
,
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.
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CITY OF CHANHASSEN
BY~ A~
AND:
DEVELOPER:~
EDEN, LLC
By:_fJ" ~
Its ~ Chief Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) _
The foregoing instrument was acknowledged before me thi~day of.<)pp~f'f\ba- , 200le, 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.
j " .' KIM T. MEUW/SSEN ,
~~_ _'. I Notary Public-Minnesota
< .;;.-. My Commission Expires Jan 31. 2010
~--~.
/-- - - \J~T~Y'PUB U.J~
STATE OF MINNESOTA )
( ss.
COUNTY OF \\. n.."-"--? No-. )
The foregoing instrument was acknowledged before me this ~ day of s~~-l.c:,^,,~"'_ ,
2001.by _ Mark Undestad, the Chief Manager
of Eden, LLC, a Minnesota limited liability company, on its behalf.
~7 ._____
e- ~YPUBUC ---'"
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 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.
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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. 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.
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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 Svstems. 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
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I .
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.
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. L
, .
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
KleinBank, a Minnesota banking 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 J1lL day of ~,yrk~, 20QtL. K i
~0r t!~ a~Si~
STATE OF MINNESOTA )
COUNTYOF Caruer
( ss.
)
The foregoing instrument was acknowledged before me this ~ day of .':;.0 pk>fl1/)f'/' ,
20 UL" by C' \1tH.l ~te(5(;1\ the Senior Vice President of KleinBank, a .Minnesota
banking corporation, on its behalf. ~
~~.,^Ll)~
NOTAR PUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
DONNA GERHARDSON ,
Notary Public-Minnesota
My Commission expires Jan 31, 2008
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