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Cash Escrow Documentation Status Report 7/31/08 PLAN.OR2 JI.lI\i2000 S M T W T F S 1 2'--3-- 4--5--6 7--s 'i:fno '''--12-13-'4'5 16 1 7 'is 1920-2"22 23)24'2526272S'29 30[31 .... ................,.." AU Se tember 2000 S M T S M T W T F S 1 2 3 4.5 67s9 --'0--"32 "3"4--'-5- 16 17 1819 2iJ'2,-22-232425'26 2'F2S--29- -30" 3'-' _''n'n 7 /31108 7/31/08 iii Escrows !E;l Cash Escrow Lot 2, Block 2, Chanhassen West Business Park Site Plan Agreement 06-11 Erosion Control, Boulevard Restoration & Landscaping $14,700 Received 2-8-07 from Chan West 11, LLP Receipt 0034318 Notify Bob Generous 6/7/07 - Bob, status? Kim 6/13/07 - Per Bob, Jill to inspect If OK, may reduce security to 10%_ Waiting to hear from JilL Kim 6/22/07 Per Jill, OK to reduce escrow to 10% ($1,470), Notified Finance to issue check in the amount of $13,230 to Chan West 11, LLP, Kim 6/28/07 - Escrow refund letter mailed, Check status 6/1/08, Kim 6/2/08 - Jill, status? Kim 6/3/08 - Jill inspected site and found the following: Dead evergreens: 9 Dead deciduous: 16 Rain garden: no good South side total: 5 + rain garden West side: 7 North (front): 12 Check status 7/31/08, Kim 8/27/08 - Bob, Status? 8/27/08 - Per Jill, trees have been replaced, OK to release balance of escrow ($1,470), Check request submitted to Finance Dept 9-4-08, Kim 9/12/08 - Letter and refund check returned_ Activity closed, Kim @2008 Lotus Development Corp 9/12/08 at 1 :37 PM S=Sfalus P=Priority Page 1 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 September 12, 2008 Mr. Mark Undestad Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Re: Lot 2, Block 2, Chanhassen West Business Park Final Release of Site Plan Agreement Escrow Planning Case 06-11 Dear Mark: Enclosed please find a check in the amount of $1,470.00 as final release of the development security for Lot 2, Block 2, Chanhassen West Business Park. If you have any questions, feel free to contact me at 952-227-1131. Sincerely, ~v-f-- Robert Generous, AICP Senior Planner Enclosure ec: Jill Sinclair, Environmental Resource Specialist g:\plan\2006 planning cases\06-ll chan west business park lot 2\escrow return letter-2.doc Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Vendor: Chan West II, LLP Vendor No: ChaWes Invoice Number Date 090408 09/04/2008 Vendor Acct No: Description Landscape escrow 06-11 Check Date: Check Amount: 09/1 1/2008 $1,470.00 Invoice Amount 1,470.00 FOR SECURITY PURPOSES THE FACE OF THIS DOCUMENT CONTAINS A COLORED BACKGROUND AND MICROPRINTING .... '.. CITY OF CHANHASSEN . . 7700 MARKET BLVD., P.O. BOX147 -,--r"U^",IU^QQCtl.l l\"~1 !=~3"''''' - ._... .~ ~~;)'~~~~1~~~' IV". ->>1 II AMERICANA' '. COMMUNITY BANK CHANHASSEN, MN 55317 75-196-919 137197' i Pay: *** One thousand four hundred seventy dollars and Zero cents Date 09/11/2008 Amount $1,470.00 To the order of: Chan West II, LLP ;,:.,'<.-.-' .' --;-1' ,.....-"{.. . . . '. . ;' ;{;,ft"-- ~. t~ ~~{"~(;< . , "'~ k _m -,,'e THE REVERSE SIDE OF THIS DOCUMENT INCLUDES AN ARTIFICIAL WATERMARK.HOLD AT AN ANGLE TO VIEW II- . :l 7 7 11 7 II- I: 0 11 . 11 0 . 11 b 111: b 0 11l. 11 511- / ~tA.b\i^~' ~ r-=' cd~~{d '\\oo4h{'10"ui\.v~ ~ITY OF CHANHASSEN ? 0 BOX 147 ~HANHASSEN MN 55317 )2/08/2007 8:00 AM teceipt No. 0034318 ~LERK: betty () ?AYEE: Chan West II, LLP ~andscaping escrow 06-11 ~andscape Escrow 14,700.00 rotal 14/700.00 ;ash ;heck 10039 0.00 14,700.00 ;hange 0.00 ~\~t ()~ ( e f<\a. tV' \ Vj \oa. ~~.X'\C-€... $"\ .410 ?er o..~~( ~ \ ~e-lea-so - C \r\e.c..L \0 '?Lvn V \ease- ~~"....._~>-~"~-'~-~~-~~- <:.----.~~ .- -~=="""~~y,~~~,,,._...~..._--------- Status Report 7/31/08 PLAN.OR2 M T F'eS. :Sic M 1;V r c":; 1 2 3 4 ;~'r' 7'" 'if'" 9" '1 ii' '11 ((3:]'14"15'16"17'18 2pj21"22'23"24 '25 ~~:~~:~?:30'31""" M T F Securities 7/31/08 7/31/08 o Escrows (!IB Cash Escrow Lot 2, Block 2, Chanhassen West Business Park Site Plan Agreement 06-11 Erosion Control, Boulevard Restoration & Landscaping $14,700 Received 2-8-07 from Chan West II, LLP Receipt 0034318 Notify Bob Generous 6/7/07 - Bob, status? Kim 6/13/07 - Per Bob, Jill to inspect. If OK, may reduce security to 10%. Waiting to hear from Jill. Kim 6/22/07 Per Jill, OK to reduce escrow to 10% ($1,470), Notified Finance to issue check in the amount of$I3,230 to Chan West II, LLP, Kim 6/28/07 - Escrow refund letter mailed. Check status 6/1/08. Kim 6/2/08 - Jill, status? Kim 6/3/08 - Jill inspected sitc and found the following: Dead evergreens: 9 Dead deciduous: 16 Rain garden: no good South side total: 5 + rain garden West side: 7 North (front): 12 Check status 7/31/08. Kim OK to release balance of escrow ($1,470), Kim 8/27/08 - Bob @ 2008 Lotus Development Corp. 9/4/08 at 3:27 PM S=Sla!us P=Priority Page 1 Meuwissen, Kim From: Sent: To: Subject: Sinclair, Jill Wednesday, August 27,200810:37 AM Generous, Bob; Meuwissen, Kim RE: Escrow status? Trees have been Ok to release. Jill Sinclair Environmental r~csources Specialist City of Chanhasscn 952-227-1133 From: Generous, Bob Sent: Wednesday, August 27, 2008 10:12 AM To: Sinclair, Jill Subject: FW: Escrow status? Can we release balance? From: Meuwissen, Kim Sent: Wednesday, August 27, 2008 9:31 AM To: Generous, Bob Subject: Escrow status? Cash Escrow Lot 2, Block 2, Chanhassen West Business Park Site Plan Agreement 06-11 Erosion Control, Boulevard Restoration & Landscaping $14,700 Received 2-8-07 from Chan West II, LLP Receipt 0034318 Notify Bob Generous 6/7/07 - Bob, status? Kim 6/13/07 - Per Bob, Jill to inspect. If OK, may reduce security to 10%. Waiting to hear from Jill. Kim ,<_-c'"'<' -. '-"..~ 6/22/07 Per Jill, OK to reduce escrow to 1(% ($1,470). ~gjtified Finance to issue check in the amount of $13,230 to Chan West II, LLP. Kil1l~c~,"",."'..- 6/28/07 - Escrow refund letter mailed. Check status 6/1/08. Kim 6/2/08 - Jill, status? Kim 6/3/08 - Jill inspected site and found the following: Dead evergreens: 9 Dead deciduous: 16 Rain garden: no good South side total: 5 + rain garden West side: 7 North (front): 12 Check status 7/31/08. Kim 8/27/08 - Bob, Status? 2 , f . Status Report 6/1/08 PLAN.OR2 July 2000 S M T W T F S 1 2' H3H4HSHijHjh8' 9 "OHjjH,'2"1314'1'l5 nr'7",8"'9'20 '21'22 23"24"2S"26'27' '28'29 30'3fHH H.HHHHH'.. S M T T F S 4 5 1; 1G 18 19 GO GO Se tember2000 S M T W T F S 6/1/08 6/1/08 o Escrows ~ Cash Escrow Lot 2, Block 2, Chanhassen West Business Park Site Plan Agreement 06-11 Erosion Control, Boulevard Restoration & Landscaping S 14,700 Received 2-8-07 from Chan West 11, LLP Receipt 0034318 Notify Bob Generous 6/7/07 - Bob, status? Kim 6/13/07 - Per Bob, Jill to inspect. If OK, may reduce security to 10%. Waiting to hear from Jill. Kim 6/22/07 Per Jill, OK to reduce escrow to 10% ($1,470), Notified Finance to issue check in the amount of $13,230 to Chan West II, LLP. Kim ...............\7j);p~......f;y~~(~\;~...' ............~..\...\\\...... 6/28/07 - Escrow refund letter mailed, Check status 6/1/08. Kim /1) ''"7 l.".;I ~U; .'l v Ill'tl ...............~.~...... .......r................ . ...HHHfJ1!y-k.k~i~~to'HH ... ..........6+VMkl~l:!0- 6/2/08 - Jill, status? Kim ................................................................................................................ '.H H H H H H H H~~l' i' H T ~- . _,,..'V"'-<,,.,. .............~{......di6tttM ..~ ..........rnt.1Hf..W-....\.. .................................................N~L\....(:~t). ...............~~.....~~~.........VtV.....~........ (Q 2008 Lotus Development Corp. 6/2/08 at 8:14 AM S",Stalus P:-:Priority Page 1 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 June 28, 2007 Mr. Mark Undestad Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Re: Lot 2, Block 2, Chanhassen West Business Park Partial Release of Site Plan Agreement Escrow Planning Case 06-11 Dear Mark: Enclosed please find a check in the amount of $13,230.00 as partial release of the 2, Block 2, Chanhassen West Business Park The until June 28, 2008, as landscape maintenance 6 of the site plan agreement. Robert Generous, Senior Planner Enclosure Specialist g:\plan\2006 2\escrow return letter.doc 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. Vendor: Chan West II, LLP Vendor No: chawes Invoice Number Date 06-11 06/21/2007 Check Date: Check Amount: 06/28/2007 $13,230.00 Invoice Amount 13,230.00 Vendor Acct No: Description Erosion control, boulevard 'C ~,]:";~ojll:Il".:.l":l:.l'''':!-''':I,,~,\oj'''l''W'''''l'lojll''IOI'''ol'lIlt"I/~""ol'I.'l:IO'I:;'\ol:(":l'lll/lO."/I'I"Moj:{']:.l:III"11[< 1 . CITY OF CHANHASSEN 7700 MARKET BLVD., P.O. BOX 147. CHANHASSEN, MN 55317 (952) 227-1140 AMERICANA COMMUNITY. BANK CHANHASSEN, MN55317 75-196'919 133334 cents Pay: Date 06/28/2007 AIl10unt $13,230.00 n,LLP III . llll" III I: 0 g . gO. g b g I: bOg" g 5 III Status Report ' 6/1/07 plan.OR2 M I W t- . 3.... 4.... 5.... 6.... i' Hi 'if 12"'i3"'i4 ff'i8"'i!j"20"zr 24"25'26"27"28' .3f........................ Securities 6/1/07 6/1/07 o Escrows iIm Cash Escrow Lot 2, Block 2, Chanhassen West Business Park Site Plan Agreement 06-11 Erosion Control, Boulevard Restoration & Landscaping $14,700 Notify Bob Generous 6/7/07 - Bob, status? Kim ~-13-0'l 6/13/07 - Per Bob, Jill to inspect. If OK, may reduce security to 10%. Waiting to hear from Jill. Kim :::~:::;?: ............<fI.... :::::ilL::::~::::ii;{~::--F?::::rp~:.: ................ ..... "':;k mm... ....... .i/2C'!1. 0= ............................. ...... ..........mm ............................................................................................. ......................................;K~m.. Ei~~:~~?~i~~~i~~~~~Ti'\+hi~~4: :.::':::::.:::'::::.:..::.:.::::::.::.:::::::::::::::::::::::::::::::::::':::Cf::..::~:T3::~::i~::~Y;::::::C~h\N~$t;jf:~:CLP:: ...................................................... ..........Cii\.d.1:e~(.(\.........~........Kim...... ~y'" mdJ.: \i~. mm m6~C~(~iftC~I;P+. 0 6?5tj~ I~ . ...m ...mm @2007 Lolus Development Corp 6/13/07 a13:25 PM S=Stalus P=Priority Page 1 Status Report 6/1/07 plan.OR2 GJ Cash Escrow Lot 2, Block 2, Chanhassen West Business Park Site Plan Agreement 06-11 Erosion Control, Boulevard Restoration & Landscaping $14,700 M T W T F S 1 .3....4..5....6....7....1i" , 0""""'2"'3'14"'5 g:: ~~:: ~~:: ~~.: ~~. :~~ .31'............................. S M W F 1 2 3 4 () 7 ..8....9...'.0..'T "3'14' '15' .,. 6' .,. 7' '18' 2tj" 21" 22 '23" 24" 25" 27' 28" 29' 30" 31....... 6/1 /07 6/1107 Escrows o Notify Bob Generous 6/7/07 - Bob, status? Kim ..... ... ............. ...... ....:..;,,~~t\;l\,:. ............\.. ........V..['.. ..i?i{';J<' S [, ....4J...{.1.~... .......<.~. /"J. m\'J(li;~m . . .. ............................. ~;... .........................".......(... ~?..~U.).~. r,,~..\.... @ 2007 Lotus Development Corp 6/7/07 at 3:27 PM S=Stalus P=Priorily _.iJ..r..--.:-:../ V ...:>4(!~(2:;.~~.~{~ j \r~:. (~ Page 1 CITY OF CHANHASSEN POBOX 147 CHANHASSEN MN 55317 02/08/2007 8:00 AM Receipt No. 0034318 CLERK: betty PAYEE: Chan West II, LLP Landscaping escrow 06-11 Landscape Escrow 14,700.00 Total 14,700.00 Cash Check 10039 0.00 14,700.00 Change 0.00 CHAN WEST II, LLP 10039 L d-- f::>.,).. c I \Cd' vVei+ Bus Pc<, L- c~ \ +e '?lcl(\ I~n!\ + Ole ,- I \ ~ f ",' '. .,~c ". L.Cl(X-;' 5 c(C.. f~)CJ .. J CI ' L '----: Tholl1:1S J. C:1ll1pbcll Itogcr N. ICnutson Thonns 1"1. Scott Elliott B. I~nctsch Jod J. J:1mnik Andrc:1 ~,!cDo\',clll'ochlcr 0btthc\": E. IlroU' John r-. Eell)' Soren ~,1. M:ttticL I kIH~' ,\. Schadkr, J II Alill:l Seh':::1rtz Cr:1ig J~. ,\lcDo'.',cll f,brgucritc {,1. 1"1cC:!rron ~ Al..o ricelHeel in \';.'....cnno;;n 1380 Corpor.lle Center Cun-c Suite 317 . b;~~n. :\IN 55121 (,5 1-.152-5~:O bx f51--l52-5550 \""",,,,:.c L-l.l \'; .co III CAMPBELL KNUTSON D.... {{"C'. "'11\ ("C ...,J... .l. ~ OJ.CJJlon,~ ':'JdOCl,.L10n *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com September 15, 2006 RECEn/ED SEP 1 8 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 #06-11 - Eden Trace Corp. (Lot 2, Block 2, Chanhassen West Business Park) Dear Kim: Enclosed for the City's files please find original recorded Site Plan Permit #06-11 with Eden Trace Corp. approving a site plan for a one-story, 49,105 square foot, multi- tenant office/warehouse building on Lot 2, Block 2, Chanhassen West Business Park. The permit was filed with Carver County on August 1,2006 as Document No. A446675. Regards, CAMPBELL KNUTSON Professional Association SRN:ms Enclosure L. .~ Document No. A 446675 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA . < Fee: $ 46.00 Check#: 16072 446675 1111111 111I CITY OF CHANHASSEN SITE PLAN PERMIT #06-11 - SPECIAL PROVISIONS AGREEMENT dated April 10, 2006, by and between the CITY OF CHANl-IASSEN, a Minnesota municipal corporation, (the "City"), and Eden Trace Corp. (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a one-story, 49,105 square-foot, multi-tenant office/warehouse building (referred to in this Permit as the "project"). The land is legally described as Lot 2, 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 Pennit, the written terms shall control. The plans are: Plan A-Site Plan (Sheet AI) stamped received February 17, 2006, prepared by Houwman Architects. Plan B--Grading Plan (Sheet 2 of 6) stamped received February 17, 2006, prepared by Schoell & Madson. 1 t-f -r-fk# Plan C-Utility Plan (Sheet 3 of 6) stamped received February 17, 2006, prepared by Schoell & Madson. Plan D-Landscaping Plan (Sheet 5 of 6) stamped received February 17,2006, prepared by Shoell & Madson. Plan E-Elevations (Sheet A3) stamped received February 17, 2006, prepared by Houwman Architects. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 30, 2006. 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 or cash escrow in the amount of $5,000 ($2,500 - boulevard restoration and driveway aprons and $2,500 - 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 ensure the installation of said landscaping. 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: Eden Trace Corp. 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: 1 Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Site Plan #06-11 as shown on the plans stamped received February 17, 2006 and subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration, landscaping and rain garden function on Lots 2 and 3, Block 2. Minimum maintenance and inspection shall include maintaining rain garden vegetation with non-invasive species and ensuring that the infiltration function of the rain garden does not fail. All rain gardens and associated infrastructure on Lots 2 and 3, Block 2 shall be maintained by the property owner/association or property management company. 2. A professional civil engineer registered in the State of Minnesota must sign all plans. 3. Staff recommends that Type II silt fence be used adjacent to the storm water pond along the west side of the lot. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 4. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 5. Add the latest revision of City Detail Plate Nos. 1002, 1004, 1006,2204,3101,3102,3104, 3106,3107,3108,5201,5203,5207,5214,5215,5217,5300, 5301, 5302 and 5302A. 6. The site has been previously assessed and each newly created lot will be subject to City sanitary sewer and water hookup charges at the time of building permit issuance. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain per SAC unit, as determined by the Metropolitan Council. 7. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, NPDES, Minnesota Department of Health and Carver County Water Management Area. 8. On the plans show the stop signs per city detail plate # 5217, the driveway aprons per detail #5207 and pedestrian ramps must be constructed per detail plate #5215. 9. On the utility plan: a. Show all the existing utilities sewer type, size and class. b. Show all existing storm and sanitary structures rim and invert elevations. c. Add a note to maintain 18-in minimum vertical separation between the watermain and storm sewer intersection on the western car park. d. Revise CB5 to CBMH5. 2 10. On the grading plan: a. Show all the storm water structures rim elevations. b. Show the EOF. c. Show the actual existing elevation contours for the site. d. Show minimum 75-ft rock construction entrance. e. Extend the silt fence to close off the northwesterly entrance. 11. Cross-access easements for the shared driveway access must be obtained and recorded against the Lots 1 and 2. 12. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Time Type of Slope (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3: 1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days 13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 14. Construction site entrances and exits shall be indicated on plans and shall have maintained rock construction entrances as specified on City of Chanhassen detail plate 5301. 15. The building is required to have an automatic fire extinguishing system. 16. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 17. The accessible parking space at the northwest side of the building must be on the shortest route possible to the northwest entrance. 18. A PlV is required on the building water service. 19. Detailed occupancy related requirements will be addressed when complete plans are submitted. 20. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 21. A 10-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 3 fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 22. Yellow curbing and "No Parking Fire Lane" signs shall be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and locations of signs to be installed. 23. Builder must comply with the following Chanhassen Fire DepartmentfFire Prevention Division policies: a. #4-1991 Regarding Notes To Be Included On All Site Plans b. #7-1991 Regarding Pre-fire Drawings c. #29-1991 Regarding Premise Identification d. #34-1993 Regarding Water Service Installation e. #36-1994 Regarding Proper Water Line Sizing f. #40-1995 Regarding Fire Protection Systems g. #06-1991 Regarding Fire Lane Signage h. #52-2005 Regarding Commercial Plan Review Submittal Criteria 24. Lighting shall be high-pressure sodium. 25. The applicant shall revise landscape plan to show 11 landscaped islands or peninsulas within the parking lot area. 26. The applicant shall revise the landscape plan to show 15 overstory trees, 37 understory trees, and 52 shrubs along the south property line. 27. Sidewalk connections to Galpin Court and Lyman Boulevard must be constructed" The sidewalks shall include pedestrian ramps at all curbs. 28. An architectural articulation shall be incorporated on the northern and southern fa<,ades. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN BY: AND: w~ (SEAL) 4 DEVELOPER: EDEN TRACE CORP. c/k/a EDEN TRACE mRPORATION B'Y:'~ Its p~~ ST ATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this,;.(gu'day 0 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manag r of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) Ii ( ss. COUNTY OF Lu(ver ) The foregoing instrument was acknowledged before me this l!::/hday of :rU()~ , 2006 by fv\OJK U V\c.les-\-a.d the President of Eden Trace Corp. a/k/a Eden Trace Corporation, a Minnesota corporation, on its behalf. NOTARY PUBLIC LL5~ DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 5 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITIONS 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. 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 property 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 materials that have blown, 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, PIan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All treesu 6 shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit from a bank or cash escrow with 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 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. Permit. Third Parties. Third parties shall have no recourse against the City under this 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 7 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 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 and maintenance of equipment 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 Deve:toper 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 violat,ed 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. 8 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 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 neither 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 l~n.'-"n.l 0~\. eel ~6J ..1:,'~ , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. ~ Dated this'd.~ . day of ---s:;.""" mRPORATION w;\\.~~ A.--r,rC\~\~/. t/+,~cl--.~ STATEOFMINNESOTA) COUNfY OF :"x cv\-- ) ( ss. The foregoing instrument was acknowledged before me this d 7 day of --:5v-(\....e.-. , 20.ok,by fAJ.lb,,-,,Y! A.. --r:-V-.\-(pd', p{e<";'(\~t1t j, (C'VhtJ" '"fIr 6-:;vrfc ~fbcJ;~l. on its belalf. At ~ .~ ~ NOTA YPUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 10 , ' .. f, . " ~ . ~ CONSENT CHAN WEST II, LLP, a Minnesota limited liability partnership, fee owner ~ 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 l:;;;L day of ~ U.(\L ,2006 CHAN WEST II, LLP fiSC) B~ ~ ~eral Partner STATE OF MINNESOTA ) ( S8 COUNTY OF Co-c-\.\er ) The f9regoing instrument was acknowledged before me this \ ~ tr. day of::=1 ^ (Ie. 2006, by ~{~ LJ\'MP~, Gena:al Partner of CHAN WEST II, LLP, a Minnesota limited liability partnership, on behalf of the partnership. ~ '~%~ NOTARY PUBLIC DRAFTED BY: City of Chanhassen f}, 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 I r,.' ""~~j KIM T. MEUWISSEN I ~. ~.;;" ..f Notary PubliC-Minnesota M Commission Expires Jan 31, 2010 11