Site Plan Agreement xcel revised1
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2023-01
XCEL SERVICE CENTER
SPECIAL PROVISIONS
SITE PLAN AGREEMENT (“Agreement”) dated April 10, 2023, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Northern States Power
Company, a Minnesota corporation, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for five buildings to be located on land in Carver County, Minnesota legally described in
Exhibit B (“Subject Property”), which buildings include the following: 80,000 square foot
main building including 18,226 square feet office, 21,920 square feet crew area, 39,884
square feet vehicle storage; 17,580 square feet of vehicle maintenance and boom
maintenance tall bay; three storage buildings of one at 5,738 square feet, the second at 9,447
square feet, and the third at 9,840 square feet; outdoor storage areas within the courtyard
area of the storage buildings; and a 175-foot communication tower for fleet communications
(referred to in this Agreement as the "project").
2. Conditions of Site Plan Approval. The City hereby approves the project on condition that
the Developer enters into this Agreement 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 Agreement. If the plans vary from the
written terms of this Agreement, the written terms shall control. The plans are:
Plan A--Site Plan prepared by Loucks Inc, dated 01/17/2023.
Plan B—Grading, Drainage and Erosion Control Plans prepared by Loucks Inc, dated 01/17/2023.
Plan C--Landscaping Plan prepared by Loucks Inc, dated 01/17/2023.
Plan D - Utility Plan prepared by Loucks Inc, dated 01/17/2023
4. Time of Performance. The Developer shall install all required screening and landscaping
by September 1, 2025. 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
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to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Agreement and all of the Plans,
payment of all the costs of all public improvements and construction of all public improvements, the
Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank
acceptable to the City, cash escrow, or equivalent ("security") for $2,224,234.00 (erosion control,
grading, landscaping, stormwater, public improvements, etc.). The security shall be 110 percent of
the following:
Grading $793,572.00
Erosion Control $64,918.00
Street impact $75,902.00
Sanitary ROW $1,150.00
Watermain $233,500.00
Storm $274,608.50
Landscaping $578,380.00____
Sub-Total $2,022,030.50
110% $2,224,234.00
The City may draw down the security, on five (5) business days written notice to the Developer,
for any violation of the terms of this Contract or without notice if the security is allowed to lapse
prior to the end of the required term. If the required public improvements are not completed at least
thirty (30) days prior to the expiration of the security, the City may also draw it down without
notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City
have been satisfied, with City approval the security may be reduced from time to time by ninety
percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements
have been complete, all financial obligations to the City satisfied, the required "as constructed"
plans have been received by the City, a warranty security is provided, and the public improvements
are accepted by the City Council. The City’s standard specifications for utility and street
construction outline procedures for security reductions.
If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping,
then the developer shall provide to the city an updated 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 Developer’s Engineer.
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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:
Chad Wollak
Manager, Project & Workspace Service
Xcel Energy Services, Inc.
414 Nicollet Mall, Mezzanine
Minneapolis, MN
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. City Council approves a site plan for five buildings: 80,000
square foot main building including 18,226 square feet office, 21,920 square feet crew area, 39,884
square feet vehicle storage; 17,580 square feet of vehicle maintenance and boom maintenance tall
bay; three storage buildings of one at 5,738 square feet, the second at 9,447 square feet, and the
third at 9,840 square feet; outdoor storage areas within the courtyard area of the storage buildings;
and a 175-foot communication tower for fleet communications:
Building:
1. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
2. Building plans must provide sufficient information to verify that proposed buildings meet all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review.
3. Occupied buildings are required to have automatic fire extinguishing systems. Storage
buildings may be required to have automatic fire extinguishing systems, to be determined at
plan review.
4. Structure proximity to property lines (and other buildings) will have an impact on the code
requirements for the proposed buildings, including but not limited to; allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
5. Building plans must include a code analysis that contains the following information: Key
Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers,
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Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or
interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance), Minimum plumbing fixture count.
6. Building permits must be obtained before beginning any construction. Each building on site
will be required to obtain separate building/plumbing/mechanical permits.
7. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet in
height require a zoning permit.
8. Developer shall submit a final grading plan and soils report to the Inspections Division
before building permits will be issued.
Engineering
1. The Developer shall supply trail easements for all existing trail improvements located on the
Subject Property. The trail easements shall be recorded prior to or concurrently with this
Agreement.
2. The Developer shall grant to the City public drainage and utility easements over all public
utilities prior to or concurrently with the Agreement.
3. All newly constructed water mains shall be public water mains, owned and maintained by
the City, after acceptance of the public improvements by the City Council.
4. All sanitary sewer and water main improvements on the site will be constructed in
accordance with the latest edition of the City of Chanhassen’s Standard Specifications and
Detail Plates.
5. The Developer and Developer’s Engineer shall work with City staff in amending the
construction plans, dated January 12, 2023, prepared by Zachary B. Moen, PE with Loucks.,
to fully satisfy construction plan comments and concerns. Final construction plans will be
subject to review and approval by staff prior to recording of the Agreement.
6. It is the Developer’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of Water
and Soil Resources, MnDOT, US Army Corps of Engineers, etc.) prior to the
commencement of construction activities.
Fire
1. Developer shall provide all buildings with full fire suppression systems monitored by fire
panel, if required by Minnesota State Fire Code and per MN Statute 1306.
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2. Each building shall be addressed individually – if the site is to have one address then the
buildings shall be addressed as Building A, Building B, etc.
3. Developer shall provide the City with the type of material being stored in outside storage
areas. If buildings will have awnings, fire detection systems may be required by the City.
4. All gates will require Knox Key switches to open if electric, lock boxes with keys if manual.
5. All buildings require fire department lock boxes.
6. Developer shall install multiple fire hydrants in select locations throughout the site as
directed by the Fire Marshal.
7. Vehicle storage may require stand pipes depending on access.
8. Developer shall provide the City with a list of any hazardous and flammable materials to be
stored on site and the material locations. Developer shall provide special fire detection and
suppression systems as required by the Fire Marshal based on the types and quantities of
materials, if necessary.
9. Door numbering/lettering on all larger buildings with multiple access doors shall be in
compliance with Fire Department policy.
10. High piled storage and racking plans need to be approved by Fire and Building departments.
11. Each storage building (if over 2,000 sq ft) will require a fire suppression system, per MN
Statute 1306, which the City has adopted.
Natural Resources
1. The Developer shall revise the landscape plan to increase quantities to meet minimum
ordinance requirements for bufferyard plantings.
2. The Developer shall increase the number of trees in areas where there is a need for further
screening (NW, NE and SW corners of Subject Property).
3. The Developer shall plant overstory trees south of the cold storage facility to aid in
screening the building.
4. The Developer shall include tree protection fencing to include trees along the western
boundary (mainly north of the trail portion that goes under the road, up to the trees that are
protected that are located where the two creeks meet – i.e. top of sheet L2.2). Tree
protection fencing shall also include the area where an outlet for the SW stormwater pond is
located to be placed along the western boundary.
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5. Plantings of tree species representative of the ‘Big Woods’ ecosystem (overstory and
understory) shall be located west, southwest and south of the NW stormwater pond.
Plantings should be in clusters, versus lined as individuals.
6. Plans will need to be amended to show that 3 boulevard trees are proposed to be removed
(tree #149 and 2 honeylocust trees just south of #149).
7. When within 20’ of the dripline of a tree to be saved, silt fences shall be replaced by mulch
socks, so no roots of trees to be preserved are cut from the installation of a typical silt fence.
Note that silt fences are not to be used as tree protection fencing.
8. Replace white spruce trees that are north of the southwest pond and south of a building with
Norway spruce or other evergreen that will be large enough to screen building. The
proposed variety (Black Hills, densata) is quite a bit shorter at maturity than the
recommendation.
Parks:
1. Developer shall provide a sidewalk connection from the main facility building to the trail on
Coulter Boulevard.
2. Developer shall grant a public trail easement over the existing trail in the southwest corner
of the development recorded prior to or concurrently with the Agreement.
Planning:
1. The proposed signage will require a separate sign permit application.
2. Developer shall provide a pedestrian sidewalk along the easterly access from the parking
area to Coulter Boulevard.
3. The proposed commercial wireless telecommunication service tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the Developer’s antennas
and comparable antennas for at least one additional user.
4. The south storage building shall be designed and constructed to accommodate the future
installation of rooftop solar panels.
5. No access shall be provided to Highway 5.
Water Resources:
1. The Developer shall provide a copy of conditional approval from the RPBCWD as part of
any future construction plan submittals.
2. The Developer shall update the models (HydroCAD, MIDS and P8) per city and any
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watershed district comments and submit updated computations and models in their native
forms with the final site plan and final construction plans.
3. The Developer shall provide storm sewer sizing calculations and a catch basin drainage area
map to confirm the private storm sewer is sized for a 10-year storm event. The storm sewer
design shall obtain approval by staff prior to recording of the Agreement.
4. The Developer shall provide additional details on the proposed water reuse and irrigation
system including an irrigation plan and computations showing the north pond can provide
the required storage in order to irrigate the intended area and obtain approval by staff prior
to recording of the Agreement.
5. The Developer shall enter into an Operations and Maintenance Agreement for any proposed
privately owned stormwater facilities prior to recording of the Agreement.
6. The Developer must work with staff to optimize the design, easements, and access
agreements for public infrastructure located on the site prior to recording of the Agreement.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
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CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 20___,
by Elise Ryan, Mayor, and by Laurie Hokkanen, 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.
__________________________________
NOTARY PUBLIC
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DEVELOPER:
NORTHERN STATES POWER COMPANY
BY:
Its: Manager, Project & Workplace Services
An Authorized Agent for Northern States
Power Company, a Minnesota corporation,
d/b/a Xcel Energy
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________,
20___ by Chad Wollak, Manager, Project & Workplace Services ___________ of Xcel Energy
Services, Inc., an Authorized Agent for Northern States Power Company, a Minnesota corporation,
d/b/a Xcel Energy, on its behalf.
__________________________________
NOTARY PUBLIC
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 AGREEMENT
EXHIBIT "A"
GENERAL CONDITION
1. Right to Proceed. Within the Subject Property, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, construct public or private utilities, or any
buildings until all the following conditions have been satisfied: 1) this Agreement has been fully
executed by both parties, filed with the City Clerk and recorded with the County Recorder’s Office
or Registrar of Title’s Office of the County of the Subject Property, 2) the necessary security and
fees have been received by the City, 3) the necessary insurance for the Developer and its contractors
has been received by the City, 4) a preconstruction meeting has been held by the Developer and the
Developer’s Engineer, and 5) the City has issued a building permit provided the foregoing
conditions having been satisfied.
2. Maintenance of Site. The Subject Property 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 site to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Public Improvements. The public improvements shall be installed in accordance with City
Standard Specifications and Detail Plates and City Ordinance. The Developer shall submit plans and
specifications which have been prepared by a competent registered professional engineer to the City
for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate
field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City
standards as a condition of City acceptance. The Developer shall obtain all necessary permits from
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
with construction. In addition, the City may, at the City’s discretion and at the Developer’s expense,
have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer’s engineer shall provide for on-site project management. The Developer’s engineer
is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the
improvements and before the security is released, the Developer shall supply the City with a
complete set of reproducible “as constructed” plans and an electronic file of the “as constructed”
plans prepared in accordance with City standards. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
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City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
A. Warranty. The Developer warrants all public improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or
2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the
improvements. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of
final written City acceptance of the work.
5. 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.
6. 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.
7. 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.
8. 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 pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
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C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all development work and construction. Bills not paid within thirty (30)
days shall accrue interest at the rate of 8% per year.
D. The Developer shall pay all costs incurred by it or the City in conjunction with the
development of the site and installation of public improvements, including but not limited to
legal, planning, engineering and inspection expenses incurred in connection with approval
of the site plan, the preparation of this Agreement, review of any other plans and documents.
E. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as, but not limited to, sewer availability charges
(“SAC”), City water connection charges, City sewer connection charges, and building
permit fees.
9. 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 written notice of the work in default, not less than four (4) days in advance. This Agreement 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.
10. 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 Agreement.
D. Breach of Contract. Breach of the terms of this Agreement 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 Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
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 Agreement. 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 Agreement shall not
be a waiver or release.
H. Recording. This Agreement shall run with the land and may be recorded against the title to
the Subject Property. The Developer covenants with the City, its successors and assigns, that
the Developer has fee title to the Subject Property and/or has obtained consents to this
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Agreement, in the form attached hereto, from all parties who have an interest in the
property; that there are no unrecorded interests in the property; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
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 Agreement 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. Construction activities in
conjunction with new developments and City improvement projects, including but not
limited to grading, utility installation and paving, requiring the use of heavy equipment shall
be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m.
and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public 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 to
enter into this Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the Subject 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 Subject
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 Subject
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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P. Insurance. Developer shall take out and maintain until six (6) months after the City has
accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed
by any of them. Limits for bodily injury and death shall be not less than $500,000 for one
person and $1,000,000 for each occurrence; limits for property damage shall be not less than
$500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more.
The City shall be named as an additional insured on the policy, and the Developer shall file
with the City a certificate evidencing coverage prior to the City signing the Agreement. The
certificate shall provide that the City must be given ten (10) days advance written notice of
the cancellation of the insurance. The certificate may not contain any disclaimer for failure
to give the required notice.
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EXHIBIT B
Legal Description:
That part of the Northwest Quarter of the Northeast Quarter of Section 15, Township 116, Range
23, Carver County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence
North 89 degrees 28 minutes 31 seconds East, assumed basis for bearings, 315.34 feet, along the
North line of said Northwest Quarter of the Northeast Quarter, to the actual point of beginning;
thence South 02 degrees 29 minutes 16 seconds East 398.42 feet, thence South 70 degrees 59
minutes 16 seconds East 125.00 feet; thence South 20 degrees 59 minutes 16 seconds East 510.00
feet; thence South 21 degrees 00 minutes 44 seconds West 323.46 feet thence Easterly 386.37 feet
along a non-tangential curve, concave to the North, having a radius of 1637.00 feet, a central angle
of 13 degrees 31 minutes, 23 seconds, and a chord bearing of North 89 degrees 32 minutes 56
seconds East; thence North 82 degrees 47 minutes 14 seconds East 364.21 feet; thence Easterly
100.88 feet along a tangential curve, concave to the South, having a radius of 1637.00 feet, and a
central angle of 03 degrees 31 minutes 52 seconds, to the East line of said Northwest Quarter of the
Northeast Quarter; thence North 02 degrees 08 minutes 32 seconds West 1168.57 feet, along said
East line, to the north line of said Northwest Quarter of the Northeast Quarter; thence South 89
degrees 28 minutes 31 seconds West, along said North line to the point of beginning.
EXCEPTING THEREFROM, that part contained within Parcel 215D on Minnesota Department of
Transportation Right of Way Plat Numbered 10-09.
Carver County, Minnesota
Abstract Property
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IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $____________, available to you by your draft
drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________,
2______, of (Name of Bank) ";
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November
15, 2______.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least
forty-five (45) days prior to the next annual renewal date (which shall be November 15 of
each year), the Bank delivers written notice to the Chanhassen City Manager that it intends
to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by
certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days
prior to the next annual renewal date addressed as follows: Chanhassen City Manager,
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and
is actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one
draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No.
600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be
duly honored upon presentation.
17
BY: ____________________________________
Its _____________________________