Site Plan Permit Recording Transmittal 11-29-06
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
11/29/06 2006-26
ATTENTION
Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8] Attached D Under separate cover via the following items:
o Shop drawings
D Copy of letter
o Prints
D Change Order
o Plans 0 Samples 0 Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 11/21/06 06-26 Site Plan Permit 06-26 (Lakeside Community BuildinQ foundation)
THESE ARE TRANSMITTED as checked below:
D For approval
D For your use
D As requested
D Approved as submitted
D Approved as noted
D Resubmit copies for approval
D Submit copies for distribution
D Returned for corrections
D Return corrected prints
D For review and comment [8] For Recording
D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: John Vogelbacher, Sienna Corporation
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 06-26
SPECIAL PROVISIONS
AGREEMENT dated November 21,2006, by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation, (the "City"), and SIENNA CORPORATION, (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for the construction of the foundation of the community building (referred to in this Permit as the
"project"). The land is legally described as: Lot 1, Block 3, Lakeside, Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Permit and furnishes 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 prepared by Pioneer Engineering, dated November 3, 2006,
Plan B: Grading Plan dated prepared by Pioneer Engineering, dated November 17,2006.
Plan C: Utility Plans prepared by Pioneer Engineering, dated November 17, 2006.
Plan E: Building foundation prepared by Royal Oaks Design, Inc., stamped November 16, 2006.
4. Time of Performance. The Developer shall install the foundation 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.
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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). 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 ~ailed to the Developer by certified mail at
the following address:
Mr. John Vogelbacher
Sienna Corporation
4940 Viking Drive, #608
Minneapolis, MN 55435
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.
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control and site restoration.
b. The pool, including the pool deck, shall be relocated outside the 50-foot setback from
Lyman Boulevard.
c. Accessibility must be provided to all portions ofthe development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
requirements.
d. Buildings over 8500 square feet of floor area are required to be protected with an
automatic sprinkler system. For the purposes of this requirement property lines do not
constitute separate buildings and the areas of basements and garages are included in the
floor area threshold.
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e. The buildings will be required to be designed by an architect and engineer as determined
by the Building Official.
f. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and
proposed mitigation reports.
g. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
h. Walls and projections within three feet of property lines are required to be of one-hour
fire-resistive construction.
1. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
J. A to-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.
k. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen
Fire Marshal for exact location of yellow curbing and locations of signs to be installed.
1. 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.
m. Temporary street signs shall be installed at street intersections once construction of the
new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section
501.4.
n. Fire apparatus access roads 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 State Fire Code Section 503.2.3.
o. No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
p. Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access roads shall comply with requirements of Section
503 and shall extend to within 150 feet of all portions of the facility or any portion of the
exterior wall of the first story of the building as measured by an approved route around
the exterior of the building or facility. Exceptions: Fire Marshal is authorized to
increase the dimension of 150 feet where the building is equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3. Pursuant to Section 503.1.1 2000 Minnesota Fire Code.
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8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
CI~~
By:"\/~A.
~ A. Furlong, r
AND: tP /\ -~Af-
odd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thi~~ of ~OvefY\ber , 20010
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City ofChanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
I~
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
4
BY:
v\~
~
STATEOFMlNNESOTA )
I L .,...,^" ......' ,,... ~ ss.
COUNTY OF ~
The foregoing i:qstrument was acknowledged before me this;Llst" day of 1Lrv-e4/J-J..tA../ ,
200~ by -John ~ o~-e-16 tu~J'1e..r of Sienna Corporation.
I ,."".,.~..\ SHARON ANN DAY I
Notary Public-Minnesota
My CommIssion expires .Ian 31, 2011
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
-ffiMhv a/)<4< , lJ~<
NOTARY PUBLIC
5
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHffiIT "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 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.
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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 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
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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 or
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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CONSENT
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 _ day of
,200_.
By
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
200 _ by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
10
~
.
.
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
2A-6-L& W5T f!A?;ciYtt-~L
.
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 thisJ[r.P day of JJJov~tf2--, 2000.
~(?)t(~
rlL'i:s~r
STATE OF MINNESOTA )
( ss.
COUNTY OF l-Iel1hf..O/Vl )
I
The foregoing instrument was acknowledged before me this rJ-lsf day of 7Lt1}1/Y~
20.Qh by I<e V i n /lilt Sl"itl.-n e.- ..
,
SHARON ANN DAY
Notary Publk>-Mlnnesota
My Commission Expires .Ian 31, 2011
~~//}~
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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