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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 2 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. 3 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, 4 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. 5 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. 6 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 7 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. 8 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 9 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 10 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 11 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. 12 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 13 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. 14 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. 15 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 16 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 _____________________________