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Site Plan Permit Recorded Thorn:1s J. C:1rnphell Itoger N. Knutson Thom:1s i\1. Scott Elliott B. I~netseh Joel J. J:1mnik Andre:! McDowell Poehler ~btthew K. Brold' John F. I~c1ly Soren M. Mattie!: Henry A. Schaclfer, II I Alin:1 Schwartz Cr:1ig R. r,icDowell r,brguerite M. McCarron - Alsa [iccnscd in W'isconsin 13S0 Corporate Center Curve Suite 317' bpn, MN 55121 651-452-5000 Fn (,51-452-5550 \vv/w.cL-bw.com CAMPBELL KNUTSON 1':1> { . 11. .. l'TO.l.CSSIOna l.SSoClatIon *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com October 12, 2006 RECEiVED OCT 1 3 2006 CITY OF CHANHASSEN Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - MISC. RECORDED DOCUMENTS ~ Site Plan Permit #06-24 - Abra Auto Body-Chanhassen (Lot 1, Block 1, Chan Haven Plaza 3rd Addition) Dear Kim: Enclosed for the City's files please find original recorded Site Plan Permit #06-24 with Abra Auto Body-Chanhassen approving a site plan for a 14,430 square foot expansion to a 4,074 square foot building on Lot 1, Block 1, Chan Haven Plaza 3rd Addition. The site plan permit was filed with Carver County on September 15,2006 as Document No. A449815. Regards, CAMPBELL KNUTSON Professional Association B . SRN:ms Enclosure , Document No. A 449815 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 Check#: 16282 / Certified Recorded on 09-15-2006 at 12:30 D A~ PM 449815 11111111111 CarlW. Cou nty CITY OF CHANHASSEN SITE PLAN PERMIT # 06-24 SPECIAL PROVISIONS AGREEMENT dated July 10,2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Abra Auto Body - Chanhassen, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 14,430 square-foot expansion to a 4,074 square-foot building (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Chan Haven Plaza 3rd Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters 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 May 19,2006, prepared by Alliant Engineering, Inc. Plan B-- Grading Plan dated May 19,2006, prepared by Alliant Engineering, Inc. 1 Plan C--Landscaping Plan dated May 19, 2006, prepared by Alliant Engineering, Inc. Plan D--Utility Plans dated May 19,2006, prepared by Alliant Engineering, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 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 $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 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 certiofied mail at the following address: Mr. Henry Cornelius Abra Auto Body - Chanhassen 6322 Timber Trail Minneapolis, MN 55439 2 . . 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 #06-24 for Site Plan approval for a 14,430 square-foot expansion to a 4,074 square-foot building, plans prepared by Alliant Engineering, Inc., dated 5/19/06, subject to the following conditions: a. The applicant 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 addition 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. The expansion must comply with Minnesota Accessibility Code (MSBC 1341 required). e. A separate sign permit shall be required for each sign proposed on the site. f. The lighting must be shielded to prevent off-site glare. g. The builder must comply with the following fire prevention policies: 04,06,07,29,34,36, 40,47,49 and 52. h. The applicant shall protect all existing trees to be preserved during grading and construction. Any trees damaged, removed or killed that were to be saved shall be replaced by the applicant prior to final inspection for the site. Trees with less than 60% canopy shall be replaced before landscaping financial guarantees are released. 3 . . 1. Mechanical equipment must be screened. No wooded fences are permitted on the roof. J. A wetland buffer 16.5 to 20 feet in width (with a minimum average width of 16.5 feet) shall be maintained around Wetland A. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install a minimum of 4 wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a 40- foot setback from the edge of the wetland buffer. k. A temporary cover of mulch and temporary seed shall be in place within 14 days of rough and or final grade for any exposed soils or if any exposed soils are not actively worked within a 14-day time period. 1. During installation of the proposed storm sewer infrastructure to the existing storm sewer, temporary caps or plugs shall be needed until the installation of the pipes and inlets are complete to prevent sediment from entering the storm sewer. m. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. n. All perimeter controls and inlet protections shall remain in place until 70% of the area is permanently protected by vegetative cover. o. Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of installation of the inlets. Additional existing catch basins immediately adjacent to the project shall also be protected. p. The proposed silt fence along Wetland A shall be Type 2 silt fence, as specified in Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of 4 . . the site. The grading plan shall be revised to show the proposed silt fence following the grading limits for the site and shall be located outside of the required 16.5-foot wetland buffer. All perimeter controls shall be inspected by the city and the SWCD prior to grading. q. The applicant shall make certain that all construction equipment uses the entire length of the rock construction entrance and that the entrance is properly maintained to minimize soil tracking onto streets. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. r. 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 IT Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation (for discharge into their storm water infrastructure), Minnesota Department of Health, and comply with their conditions of approval. s. The developer's engineer must submit data showing that the proposed runoff rate and volume to the existing storm sewer on the north side of the site will not exceed the existing rate and volume. 1. The developer's engineer must verify that the existing stormwater pond southwest of the site has adequate dead and live storage for the additional impervious surface. u. The existing service must be abandoned at the main. v. The wet tap must occur outside the operating hours of the businesses which access the private drive. w. The developer's contractor must submit a written request to the City Engineer for the proposed construction time and date for the wet tap." 5 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN By:~AT AND: DEVELOPER: ABRA AU'ID BODY - CHANHASSEN BY: ~42/~ I-t~N f? V Lof{.tv'~L\ t4- S- Its ON t-J~~ 1l:>r;VC3 ~ f 15ft / r' STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) . J-~ ,,<:_^ I." The foregoing instrument was acknowledged before me thiJLday oJ~.p-n\ll.be( , 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. ~~, \ . 1Y\o" ~ NOTARY~ 6 STATE OF MINNESOTA ) ( ss. COUNTY OF Crv clef ) The foregoin~ instrument was acknowledged before me this :; 5 day of ,4uil1.rt , 2006 by fie I} r( , [0 [/1 t. /r u-S Owner I (Developer), on behalf of Abra Anto Body - Olanhas en. e i;!iJvn 1/;/1 (U/; tA-{ ') NOTARY PUBUC I '~~9- COLLEEN K. MARTINO I <I.. . Notary Public-Minnesota ~.i.;;;;.~..oS' My CommissIon ExpIres Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 7 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 8 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 sUlTOunding 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. 9 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. 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. 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. 10 H. Recording. This Permit shall run with the land and may be recorded against the title to the property. 1. 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 11 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 the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 12 . , . CONSENT ABRA CHANHASSEN REAL ESTATE COMPANY, LLP, a Minnesota limited liability partnership, 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 0 ABRA S LLP Dated this 2'5" day of AJ~, 2006 By o tJ tv e~ Managing Partner t-\- ~N~r CeJrtrJeCf ~S STATE OF MINNESOTA ) ( ss COUNTY OF ta. r V~( ) The foregoing instrument was acknowledged before me this ;)5 day of .AUJu JT 2006, by fll'nJ'1 &rnt flu"" , a manaqing partner of ABRA CHANHASSEN REAL ESTATE COMPANY, LLP, a Minnesota limited liability ~ershiP' on behalf of the partnership. - j/ //}/J J~'ld.h~) NOTARY PUBLIC DRAFfED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 I ~ ~~ COLLEEN K. MARTINO I .. :f. ~oo .;J; Notary Public-Minnesota ~< .;0;;;-':' My Commission Expires Jan 31, 2010 13 .. ~ ..! " .,. . MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT fle)r, 6Qnk.. r a Minnesota banking co:r:poration, 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 K day of ~, 2006. KLEINBANK )<<-- Z?L(~'- &,.-S Z'n~ afE~ ~r- STATE OF MINNESOTA) ~ A t (ss. COUNTY oFC.-A/Vc.../) T'IIDrHY A. LEE Notary PI. ......... Y Comm. Elcpns ... 31 2Of17 - . DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 14