Approval Letter - Audubon Business Park 23-16OITYOT OIIAI{HASSTI{
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
August 17,2023
Mr. John E. Mesenbrink
Mesenbrink Construction & Engineering, Inc.
7765 175th Street East
Prior Lake, Minnesota 55372
Re: Planning Case#2023-16, Audubon Business Park
Dear Mr. Mesenbrink,
This letter is to confirm that on August 14,2023, the Chanhassen City Council approved a
Resolution vacating the existing drainage and utility easement on the property, subdivision,
development contract, site plans for Building A and Building B, and a wetland alteration permit for
Audubon Business Park subject to the following conditions:
SUBDIVISION
Engineering
1. The Developer and its Engineer shall work with city staff in updating the Traffic
Analysis, dated April 14, 2023 prepared by Vernon Swing, PE with SSTS, to fully satisfu
comments and concerns by staff provided in the staff report dated April 14, 2023.The
final Traffic Analysis will be subject to review and approval by staff prior to the
recording of the final plat.
2. All public drainage and utility easements and rights-of-way within the development shall
be vacated concurrently with the recording of the final plat.
3. The Developer shall dedicate public drainage and utility easements over all public
utilities within the development prior to recording the final plat.
4. The Developer shall dedicate right-of-way in accordance with Sec. 18-57(b) for Coulter
Boulevard and in accordance with the city's Specification and Detail Plates (Plate
#5205) for McGlynn Road.
5. The Developer shall provide an updated title commitment prior to the recording of the
final plat, Development Contract, and Site Plan Agreement and provide any recorded
documents establishing encumbrances against the property identified on the title
commitment.
6. All newly constructed water and sanitary mains shall be public, owned and maintained by
the city after acceptance of the public improvements by the City Council.
7. 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.
8. The Developer shall update the geotechnical report to incorporate recommendations and
PH 952.227.1 I 00 . www.ci.cha nhassen.mn.us . FX 952. 227. I I I 0
77OO MARKET BOULEVARD' PO BOX I47. CHANHASSEN . MINNESOTA 55317
requirements when constructing public utilities, as well as their construction over fill
*.ur. A geotechnical engineer shall be on-site to observe that the construction is in
conformance with the incorporated recommendations.
g. The Developer shall pay all applicable fees and securities prior to recording of final plat.
10. The Developer shall enter into a site plan agreement with the city and provide necessary
financial security to guarantee compliance with the terms of site plan approval.
1 1. The Developer and iti Engineer shall work with city staff in amending the construction
plans, dated June 16,2023 prepared by Rehder & Associates, Inc., to fully satisff
tonstruction plan comments and concerns. Final construction plans will be subject to
review and approval by staff prior to recording of the final plat.
12. It is the Devel-oper's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of
frater and Soii Resources, MnDOT, US Army Corps of Engineers, etc.) prior to the
commencement of construction activities.
Parks and Recreation
1. park fees for the new building sites in effect at the time of final plat approval shall be
paid prior to recording the Plat.
Planning
1 The Developer shall record cross-access easements over Lots 1 and 2 within the plat for
access to Coulter Boulevard and McGlynn Drive.
Water Resources
1. The Developer and its Engineer shall work with city staff in amending the construction
plans, dated June 16,2O2a prepared by Rehder & Associates, Inc., to fully satisff
Lonstruction plan commenti and concerns. Final construction plans will be subject to
review and approval by staff prior to recording of the final plat.
2. An approvediermit frbm npbCWD will be required prior to the commencement of
construction activities.
3. The Developer shall confirm the feasibility of infiltration onsite given the mottled soils
shown in several of the soil boring logs and the location of the proposed basins. If basin
locations are modified, updated soil borings and infiltration testing shall be provided to
confirm viabitity of new basin locations.
4. The Developer shall update the models (HydroCAD and P8) per city and any watershed
district comments anilsubmit updated computations and models in their native forms
with the final plat submittal and final construction plans'
5. The Developer shall enter into an Operations and Maintenance Agreement for any
proposed privately owned stormwater facilities which shall be recorded concurrently with
the final plat.
SITE PLAN
Required Planning Department Comments/Corrections to Plan Set:
1. Separate sign pe.mits are required for each business sign. Signage shall comply with the
Office Industrial sign regulations.
2. Directional signage must be located outside public right of way.
3. Site lighting must comply with city ordinance.
Building Department Notes:
1. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Building plans must provide suffrcient information to verifr that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review.
4. The building is required to have automatic fire extinguishing systems.
5. 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.
6. 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,
Separated or non-separated, Fire resistive elements (Exterior walls, Bearing walls -
exierior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path,
Travel distance), Minimum plumbing fixture count.
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
permiimust be obtained prior to construction. Retaining walls (if present) under four feet
in height require a zoning Permit.
8. If any soil corrections are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
Fire Department Notes:
1. Building will require a fire suppression system and fire panel to monitor the system.
2. Additional hydrants may be required after final review of utility plans.
3. If building is less than 30 feet, no additional fire apparatus entrance required. If the
building exceeds 30 feet, Developer must provide an additional fire apparatus entrance
approved by the Fire Chief.
4. A hre apparatus turnaround required. Detailed plans showing the location of the fire
apparatus turnaround must be provided prior to issuance of a building permit. The location
of the turnaround is subject to approval by the Fire Chief. Fire apparatus turnaround
required, looks to be provided by N/E portion of parking lot but cannot confirm spacing
until more detailed plans provided.
Natural Resources
l. The Developer shall revise the landscape plan to increase quantities to meet minimum
ordinance requirements for bufferyard plantings and vehicle use areas (including parking).
2. The Developer shall increase the number of trees in areas where there is a need for further
screening (NW corner of property).
3. The Developer shall increase the number of plantings along the western parking lot of
Building A (L2.0), so it is similar to the proposed plantings along the western parking area
for building B (L2.3).
4. The Developer shall include tree protection fencing in plans in red for sheet C37,to match
c35, C36 & C38.
5. Plantings of tree overstory species shall be at least 25 feet from the overhead utility lines
along the N side of the property, along on Hwy 5 (see L2.0 &L2.1).
6. Plans will need to be amended to show that any boulevard trees are proposed to be
removed (see the SW entrance to the site on C37).
7. When within 20 feetof 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 skirt. Note that silt fences are not to be used as tree protection fencing.
8. Replace white spruce trees that are N of the SW pond and S 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.
WETLAND ALTERATION PERMIT
1. The Developer shall provide a copy of the signed Army Corps of Engineers Permit prior
to the commencement of construction activities.
Z. The Developer shall comply with all requirements of the approved WCA sequencing
application and provide proof of purchased credits prior to the commencement of
construction activities.
3. The Developer shall work with staff to create an approved plan for reestablishing the
wetland buffer that will be disturbed prior to recording of the site plan agreement.
One signed mylar copy of the final plat shall be submitted to city offices for signatures' One
l":20d' scale paper reduction of the final plat with just street names and lot and block
numbers shall be submitted. Revised construction plans shall be submitted and reviewed
prior to beginning construction. In addition, a digital copy in .dxf format and a digital copy
in .tif format (pdicompatible) in Carver County coordinates of the final plat shall be
submitted.
The executed Development Contract (enclosed) shall be submitted for city execution and
recording at Carver County. A $1r036,170.28-cash administration fee must be submitted. The
Developir shall furnish the city with a letter of credit or cash escrow ("security") in the
amount of $827,072.60.
Access easement for the benefit of Lot 1 over the westerly drive aisle of Lot 2 shall be
submitted for recording. Stormwater Operations and Maintenance Agreement is required for
stormwater improvemJnts. The O&M of private stormwater BMPs is required in perpetuity
and must be approved by the Water Resources Coordinator, or their designee, to be recorded
against the benefiting properties.
The site plan agreements (enclosed) must be executed by the developer and returned to the
city for executi,on and recording. As part of the agreement, project security in the amount of
Slil,lSl.O0 (Building A) and S304,992.00 (Building B) is required for site landscaping,
erosion control, storm water improvements, and site.
An updated Traffic Analysis, updated and final construction plans including updates to the
geotechnical report as conditioned in the DC, Stormwater Operations and Maintenance
Agreement, and wetland buffer reestablishment plan must be submitted for review and
approval.
All current year taxes must be paid in full and any delinquent property taxes or green acres
tax. Once everything is submitted, staff will forward all documents to the City Attorney's
office for recording at Carver County
A building permit must be applied for and issued prior to construction activity. Prior to
com*"rc"ment of any work, a copy of all required permits from the appropriate regulatory
agencies shall be provided to the city which shall include but is not limited to the Minnesota
Dipartment of Health, Metropolitan Council Environmental Services, the Minnesota
Poiution Control Agency, and Riley Purgatory Bluff Creek Watershed District. A Certificate
of Insurance naming the city as co-insured must be submitted'
Please contact Project Engineer, Erik Henricksen, at 952-227-1165 or by email at
ehenricksen@chanhassenmn.gov to coordinate a pre-construction meeting. If you have any
questions or need additional information, please contact me at (952)227 -1131 or
b generous@chanhassenmn. gov.
Robert Generous, AICP
Senior Planner
Enclosures
ec:
Erik Henricksen, Project Engineer
Laurie Hokkanen, City Manager
Manuel Jordan, Environmental Resources
Eric Maass, Planning Director
Don Nutter, Fire Marshal
Jerry Ruegemer, Parks & Recreation Director
Joe Seidl, Water Resources Engineer
Eric Tessman, Building Official
Mesenbrink Construction & Engineering, Inc.
Edward Farr Architects, Inc.
Rehder & Associates, Inc.
)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AUDUBON BUSINESS PARK
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
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TABLE OF CONTENTS
SPECIAL PROVISIONS
REQUEST FOR PLAT APPROVAL...............
CONDITIONS OF PLAT APPROVAL.................,...
DEVELOPMENT PLANS
IMPROVEMENTS...
TIME OF PERFORMANCE ....
SECURITY
NOTICE...
OTHER SPECIAL CONDITIONS................
GENERAL CONDITIONS .........,..
1.
2.
J.
4.
5.
6.
7.
8.
9.
PAGE
...............sP-l
...............sP-1
...............sP-1
............... sP-3
............... sP-3
........sP-5
.........GC-l
...GC-1
...GC-1
GC-1
.GC-1
..GC-z
..........GC-2
...GC-2
.....GC-2
.....GC-3
.....GC-3
.....GC-3
GC-3
........GC-3
........GC-4
........GC-4
........GC-4
........GC-4
........GC-4
........GC-5
GC-5
........GC-6
................GC-6
1
2
3
4
5
6
7
8
RIGHT TO PROCEED...........,
PHASED DEVELOPMENT
PRELIMINARY PLAT STATUS ........
CHANGES IN OFFICIAL CONTROLS....
SIGNAGE
HOUSE PADS
RESPONSIBILITY FOR COSTS .........
DEVELOPER'S DEFAULT .........
MISCELLANEOUS
Construction Trailers
Postal Service......
Third Parties.......
Breach of Contract
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
IMPROVEMENTS ......
IRON MONUMENTS.
LICENSE
SITE EROSION AND SEDIMENT CONTROL.......
OTHER BUILDING
CLEAN UP
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....
CLAIMS
PARK DEDICATION
LANDSCAPING .......
WARRANTY ............
LOT PLANS...
EXISTING ASSESSMENTS
HOOK-UP CHARGES
PUBLIC STREET LIGHTING
9.
10.
ll.
t2.
13.
t4.
15.
16.
t7.
18.
t9.
20.
2t.
22.
22.
A.
B.
C.
D.
E.
.GC-7
.GC-7
GC.7
GC-7
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Severability
GENERAL CONDITIONS
F.
G.
H.
I.
J.
K.
L,
M.
N.
o.
P.
a.
R.
S.
T,
U.
V.
w.
x.
Y.
Z.
Building Permits
Waivers/Amendments..
Release
Insurance
Construction Hours
Noise Amplification
Construction Plans
As-Built Lot Surveys ..........
GC
GC
GC
GC
7
7
7
7
...............GC-8
...............GC-8
Access ...GC-8
Street Maintenance.............. ......GC-8
Soil Treatment Systems............... ...............GC-9
Variances.. ...............GC-9
Compliance with Laws, Ordinances, and Regulations .GC-9
Proof of Tit1e............. ................GC-9
Soil Conditions.......... ..............GC-10
GC-IO
GC-1I
227555v2
CITY O F CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
AUDUBON BUSINESS PARK
SPECIAL PROVISIONS
AGREEMENT dated August 14,,2023 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "city"), ffid, MESENBRINK CONSTRUCTION &
ENGINEERING, INC., a Minnesota corporation (the "Developer").
l. Request for Plat Approval. The Developer has asked the City to approve a plat for
AUDUBON BUSINESS PARK (refened to in this Contract as the "plat"). The land is legally
described on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, fumish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 120 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before cornmencement of any
work in the plat. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved August 14,2023, prepared by Rehder and Associates,Inc
Plan B Grading, Drainage and Erosion Control Plan dated June 16, 2l23,prepared by Rehder
and Associates, Inc.
Plan C:Plans and Specifications for Improvements dated June 16 2023, prepared by Rehder
and Associates, Inc.
Plan D: Landscape Plan dated June 14, 2023,prepared by Rehder and Associates, Inc.
227555v2
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
November 15,2023. The Developer may, however, request an extension of time from the City
Engineer. 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.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall fumish the City with a letter of credit in the form attached hereto,
from a bank acceptable to the City, or cash escrow ("security") for $827,072.60. The amount of the
security was calculated as 110% of the following:
Site Grading/Erosion Control/Restoration
Sanitary Sewer
Watermain
Storm Sewer, Drainage System, including cleaning and maintenance
Streets
s225,775.00
$ 24,856.00
$ 336,497.00
$ 33,140.00
$ 82,427.50
Sub-total, Construction Costs $ 702,695.50
Engineering, surveying, and inspection (7oh of construction costs) $ 49,188.69
SECURITY AMOUNT (11006 of 751,884.19) $827,072.60
This breakdown is for historical reference; it is not a restriction on the use of the security. The security
shall be subject to the approval of the City. The City may draw down the security, without notice, for
any violation of the terms of this Contract. 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. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
227555v2
Sub-total, Other Costs $ 49,188.69
TOTAL COST OF PUBLIC IMPROVEMENTS $ 751,884.19
may be reduced from time to time as financial obligations are paid, but in no case shall the security
be reduced to a point less than l}oh of the original amount until (l) all improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security
is provided, and (6) the public improvements are accepted by the City.
7. Notice. 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 registered mail at
the following address:
John Mesenbrink
Mesenbrink Construction & Engineering, Inc.
7765 175n',StE
Prior Lake, MN 55372
Phone: 952-447-5058
Email : j emmbc@mesenbrinkconstruction.com
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)
227-1t00.
8. Other Special Conditions.
A. FEES
1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting,
Developer shall submit to the City $1,036,170.28 for the following City fees:
B. CONDITIONS OF APPROVAL
Engineering
1. The Developer and its Engineer shall work with city staff in updating the Traffic
Analysis, dated April 14, 2023 prepared by Vernon Swing, PE with SSTS, to fully satisfr
comments and concerns by staff provided in the staff report dated April 14,2023.The
*Administration fee (based on estimated construction cost of $702,695.50,3.0% forthe
first $500,000, and 2.0o/o of the remaining $202,695.50 of the improvement costs $19,053.91
GIS fee: 2 parcels @ $3O/parcel + $100 for the plat $160.00
Park Dedication Fee $349,998.75
Surface Water Management Fee $666,957.62
Total $1,036,170.28
227555v2
final Traffic Analysis will be subject to review and approval by staff prior to recording of
the final plat.
2. All public drainage and utility easements and rights-of-way within the development shall
be vacated concurrently with the recording of the final plat.
3. The Developer shall dedicate public drainage and utility easements over all public
utilities within the development prior to recording the final plat.
4. The Developer shall dedicate righrof-way in accordance with Sec. l8-57(b) for Coulter
Boulevard and in accordance with the City's Specification and Detail Plates (Plate
#5205) for McGlynn Road.
5. The Developer shall provide an updated title commitment prior to the recording of the
final plat, Development Contract, and Site Plan Agreement and provide any recorded
documents establishing encumbrances against the property identified on the title
commitment.
6. All newly constructed water and sanitary mains shall be public, owned and maintained by
the city after acceptance of the public improvements by the City Council.
7. 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.
8. The Developer shall update the geotechnical report to incorporate recommendations and
requirements when constructing public utilities, as well as their construction over fill
areas. A geotechnical engineer shall be on-site to observe that the construction is in
conformance with the incorporated recommendations.
9. The Developer shall pay all applicable fees and securities prior to recording of final plat.
10. The Developer shall enter into a site plan agreement with the City and provide necessary
financial security to guarantee compliance with the terms of site plan approval.
I l. The Develoepr and its Engineer shall work with City staff in amending the construction
plans, dated June 16, 2023 prepared by Rehder & Associates, Inc., to fully satisfr
construction plan comments and concems. Final construction plans will be subject to
review and approval by staff prior to recording of the final plat.
12. 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.
Water Resources
1. The Developer and its Engineer shall work with city staff in amending the construction
plans, dated June 16, 2023 prepared by Rehder & Associates, Inc., 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 final plat.
2. An approved permit from RPBCWD will be required prior to the commencement of
construction activities.
3. The Developer shall confirm the feasibility of infiltration onsite given the mottled soils
shown in several of the soil boring logs and the location of the proposed basins. If basin
locations are modified, updated soil borings and infiltration testing shall be provided to
confirm viability of new basin locations.
227555v2
4. The Developer shall update the models (HydroCAD and P8) per city and any watershed
district comments and submit updated computations and models in their native forms
with the f,rnal plat submittal and final construction plans.
5. The Developer shall enter into an Operations and Maintenance Agreement for any
proposed privately owned stormwater facilities which shall be recorded concurrently with
the final plat.
Parks and Recreation
1. Park fees for the new building sites in effect at the time of final plat approval shall be
paid prior to recording the plat.
Planning
1 . The Developer shall record cross-access easements over Lots I and 2 within the plat for
access to Coulter Boulevard and McGlynn Drive.
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
227555v2
CITY OF CHANHASSEN
BY
Elise Ryan, Mayor
(sEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA)
(ss.
COLINTY 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
227555v2
MESENBRINK CONSTRUCTION & ENGINEERNG, INC:
BY:
John E. Mesenbrink, President
STATE OF MINNESOTA )
( ss.
couNTY oF _ )
The foregoing instrument was acknowledged before me this day of
20-, by John E. Mesenbrink, President of Mesenbrink Construction & Engineering, Inc., a
Minnesota corporation, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
227555v2
EXHIBIT IIAII
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot A, McGlynn Park and Outlot A, McGlynn Park 2nd Addition, Carver County, Minnesot4
together with vacated Buttercup Road accruing thereto.
TOGETHER with that part of such vacated road as may accrue based on Resolution dated May 27,
1997,recorded June 17,1997, as Document No. 212080, under Minnesota Statues Section 507.17.
(Described in above resolution as that part of vacated Buttercup Road (now known as McGlynn
Road) as dedicated in MCGLYNN PARK, according to the recorded plat thereof which lies
northwesterly and northerly of a line drawn from a point on the southwesterly line of said road, distant
25 feetsoutheasterly ofthe mostnortherly corneroflot l, Block l, MCGLYNN PARK, as measured
along said southwesterly line, to the radius point of that curve witnessed, on said plat, by a centerline
radius of 200 feet, a length of 313.13 feet and a central angle of 89 degrees 42 minutes 19 seconds.
And which lies westerly and southwesterly of a line drawn northwesterly to the northwesterly line of
said Buttercup Road from the radius point of that curve witnessed on said plat, by a centerline radius
of 200.00 feet, an arc length of 315.19 feet and a central angle of 90 degrees 17 minutes 41 seconds,
through a point on the centerline of said Buttercup Road, distant 700.00 feet westerly of the centerline
of Audubon Road as dedicated on said plat.)
AND
That part of Lot l, Block 1, McGlynn Park, according to the recorded plat thereof, Carver County,
Minnesota and that part of vacated Buttercup Road accruing thereto, which lie northerly of the
following described line:
Beginning at the southeast corner of Outlot A, McGlynn Park 2nd Addition, said Carver County;
thence westerly, along the south line thereof and its westerly extension, to the northwesterly line of
said Lot l, Block 1, McGlynn Park and there said line terminates.
227555v2
MORTGAGE HOLDER CONSBNT
TO
DEVELOPMENT CONTRACT
STERLING STATE BANK, a Minnesota banking corporation, which holds a mortgage on the
subject property, the development of which is govemed 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 _ day of 20-.
STERLING STATE BAIIK
By:
Its:
STATE OF MINNESOTA )
( ss.
COI-INTY OF )
The foregoing instrument was acknowledged before me this day of
-,
20-,by , the
Sterling State Banh a Minnesota banking corporation, on behalf of said entity.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
of
227555v2
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the silme may apply to that portion of the subject properly owned by them.
Dated this _ day of 20-.
STATE OF MINNESOTA )
( ss.
COI.INTY OF )
The foregoing instrument was acknowledged before me this day of
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2)227-rr00
227555v2
TO:
IOFFICIAL BANK LETTERHEAD]
City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam
We hereby issue, for the account of
Letter of Credit in the amount of $
IRREVOCABLE LETTER OF CREDIT
Date:
and in your favor, our Irrevocable[Name
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
2_,o@;
available to you by your draft drawn on sight on the
dated
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 priorto 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 modifu 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 l47,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.
BY
227555v2
Its
No.
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT ''B''
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private 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, 3) the plat has been recorded with the County
Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer
may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not proceed
until Development Contracts for such phases are approved by the City. Park charges and area charges
for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Ofricial Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and specifications
which have been prepared and signed by a competent registered professional engineer fumished to
the City and approved by the City Engineer. The Developer shall obtain all necessary permits from
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
227555v2
with construction. The City will, at the Developer's expense, have one or more construction inspectors
and a soil engineer inspect the work on a firll or part-time basis. The Developer shall also provide a
qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector
to respond to questions from the City Inspector(s) and to make periodic site visits to satisfr that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties concemed, including the City staff, to
review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. $ 505.021. The
Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment 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 and sediment 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 and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
ffansport 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 aflect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and
sediment control needs to be maintained until vegetative cover has been restored, even if construction
has been completed and accepted. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion and sediment control, the City will authorize the removal
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be fumished to the City to guarantee compliance with City
Code $ 7-22.
227555v2
9. 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.
10. Acceptance and Ownership of Improvements. Except for streets and utilities
identified as private under the terms of this Agreement, all other improvements lying within
public easements shall become City property upon completion and acceptance by the City of the
work and construction required by this contract. 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
City Engineer certifring 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.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon
the letters of credit in an amount upto 125o/o of the claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attomeys'fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (2%) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between curb and property line).
In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas
of the lot. If these improvements are not in place at the time a certificate of occupancy is requested,
a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months after the certificate of occupancy
issued, except that if the certificate of occupancy is issued between October I through May I these
conditions must be complied with by the following July lst. Upon expiration of the time period,
inspections will be conducted by City staff to verify satisfactory completion of all conditions. City
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
227555v2
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
returned. If the requirements are not satisfied, the City may use the security to satisff the
requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant
to City Code SectionT-22 or to satisfr any other requirements of this Contract or of City ordinances.
These requirements supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either l) a warranty/maintenance bond for 100% ofthe cost ofthe improvement, or 2) a letter of credit
for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required wananty 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.
B. The required wananty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall iNsIIre that drainage is maintained away
from buildings and that tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on70o/o of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in
the plat. The fee shall be used by the City for fumishing electricity and maintaining each public street
light for twenty (20) months.
227555v2
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be fumished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such
as review of construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows:
i)if the cost of the construction of public improvements is less than $500,000,
three percent(3%) of construction costs;
ii) if the cost ofthe construction of public improvements is between $500,000 and
$1,000,000, three percent (3%) of construction costs for the first $500,000 and
two percent (2o/o) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000, two
and one-half percent (2yr%) of construction costs for the first $ 1,000,000 and
one and one-half percent (l %oh) of construction costs over $ 1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 2lE of this Agreement.
C. 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 plat
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 attomeys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
227555v2
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirfy (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8o/o per year.
F. 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.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. 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.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within thifty
(30) days following the acceptance ofthe public improvements 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. Thfud parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
227555v2
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
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 wriuen 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. Release. This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. 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 properly 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 plat. 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.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed 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.
22'1555v2
K. Assignabilitv. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in flrll force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$ s00.00
$ 1,000.00
All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Waming signs shall be placed by the Developer
when hazards develop in streets to prevent the public from traveling on same and directing attention
to detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storrn sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City conceming the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
227555v2
a. Soil Treatrnent Systems. If soil treatment systems are required, the Developer
shall clearly identiff in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting 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.
R. Variances. By approving the plat, the Developer represents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws. Ordinances. and Regulations. In the development of the
platthe Developer shall comply with all laws, ordinances, and regulations ofthe following authorities:
l. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Govemment, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall fumish 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 Development Contract.
U. 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 indemnifu, defend, and hold harmless the
City, its goveming 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.
V. Soil Conection. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of suitability
of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have
no fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot.
On lots with fill material that have been custom graded, a satisfactory soils report from a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
227555v2
X. Development Siens. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer's telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of ll"xl7" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (l) a complete set of reproducible Mylar as-built plans, (2)
two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in
both .dxf & .tif format (he .dxf file must be tied to the current county coordinate system), (8) digital
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as-built survey is completed. Ifthe weather conditions at the time ofthe as-built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and
the as-built escrow withheld until all work is complete.
Rev.9/3012021
227555v2
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2023-16A
WETLAND ALTERATION PERMIT
AUDUBON BUSINESS PARK
SPECIAL PROVISIONS
AGREEMENT August 14,2023,by and between the CITY OF CHANHASSEN, a Minnesota
municipal corporation, (the "City"), &nd MESENBRINK CONSTRUCTION & ENGINEERING,
lNC., a Minnesota Corporation (the "Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for
an office industrial building otiig,Ag} @uilding A) that will be used as an office-manufacturing-
warehouse (refened to in this Agreement as the "project"). The land located in Carver County,
Minnesota, is legally described as Lot 1, Block 1, Audubon Business Park, Carver County, Minnesota.
Z. Conditions of Site plan Approval. The City hereby approves the site plan on condition that
the Developer enters into this Agreement and fumish 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 Agreement, the written terms shall control. The plans are:
Plan A-Site Plan prepared by Rehder & Associates, Inc., dated06116123.
plan B-Grading,-Drainage and Erosion Control Plans prepared by Rehder & Associates,Inc.,
dated06116123.
plan C-Landscaping Plan prepared by aune femandez landscape architects, dated0611412023.
Plan D - Utility Pl*r pr.p*"d by Rehder & Associates, Inc., dated06ll6l23.
Plan E - SWPP prepared by Rehder & Associates, Inc., dated06ll6l23.
plan F - Architectural Plans prepared by Edward Farr Architects, Inc., dated 06/1612023
4. Time of Performance. The Developer shall install all required screening and landscaping by
October 1,2024. The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall bi conditioned upon updating the security posted by the Developer to
reflect cost increases and the extended completion date.
1
5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall
fumish the Ciry with an irrevocable letter of credit from a bank in the form attached hereto or cash
escrow ("security") for $417,737.00 (erosion control, grading, landscaping, stormwater, etc.)' The
bank shall be authorized to do business in the State of Minnesota, and shall provide a Minnesota
offrce for presentment of the Letter of Credit or other altemative acceptable to the City. The security
shall be 110 percent of the following:
Site Restoration
Landscaping
$ 83,810.00
$295,951.00
Sub-Total $379,761
$417,737.00ll00
This breakdown is for historical reference; it is not a restriction on the use of the security. The City
may draw down the security, on five (5) business days written notice to the Developer, for any
vioiation of the terms of this Contract or without notice if the security is allowed to lapse prior to the
end ofthe required term. If the required 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.
If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping,
then the developer strall provide to the city an updated letter of credit or cash escrow in an amount
sufficient to ensure the installation of said landscaping.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the
Developer or his Engineer.
b. partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Deveioper, its employees or agents, or mailed to the Developer by certified mail at
the following address:
John E. Mesenbrink
Mesenbrink Construction & Engineering, Inc.
7765 ns'fi Street East
2
Prior Lake, Minnesota 55372
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 -l 100.
7. Other Special Conditions. City Council approves a site plan for an office industrial
building of 229,688 (Building A) subject to the following conditions:
Planning:
1. Separate sign permits are required for each business sign. Signage shall comply with the
Offrce Industrial sign regulations.
2. Directional signage must be located outside public right of way.
3. Site lighting must comply with city ordinance.
Building:
1. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Building plans must provide suffrcient information to veriff that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review.
4. The building is required to have automatic fire extinguishing systems.
5. 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.
6. 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, Separated
or nor-r.p*ated, 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.
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. If any soil corr"ctions are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
Fire:
1. Building will require a fire suppression system and fire panel to monitor the system.
2. Additional hydrants may be required after final review of utility plans.
3. If building stays under 30 feet, no additional fire apparatus entrance required.
J
4. Fire apparatus turnaround required, looks to be provided by N/E portion of parking lot but
cannot confirm spacing until more detailed plans provided.
Natural Resources:
1. The Developer shall revise the landscape plan to increase quantities to meet minimum
ordinance requirements for bufferyard plantings and vehicle use areas (including parking).
2. The Developer shall increase the number of trees in areas where there is a need for further
screening (NW comer of ProPertY)'
3. The Developer shall increase the number of plantings along the western parking lot of
Building A (L2.0), so it is similar to the proposed plantings along the westem parking area for
building B (L2.3).
4. The D&eloper shall include tree protection fencing in plans in red for sheet C37, to match
c35, C36 & C38.
5. Plantings of tree overstory species shall be at least 25 feetfrom the overhead utility lines along
the N side of the property, along on Hwy 5 (see L2.0 &L2.1).
6. When within 20 feetof the dripline of a tree to be saved, silt fences shall be replaced by mulch
socks, so no roots oftrees to be preserved are cut from the installation ofa typical silt fence
skirt. Note that silt fences ale not to be used as tree protection fencing.
7 . Replace white spruce trees that are N of the SW pond and S 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.
Water Resources:
l. The Developer and their Engineer shall work with city staff in amending the construction
plans, datedlune 16,2023 prepared by Rehder & Associates, Inc., to fully satisff construction
pl* "o*-ents and concerns. Final construction plans will be subject to review and approval
by staff prior to recording of the final plat.
2. An appioved permit from RPBCWD will be required prior to the commencement of
construction activities.
3. The Developer shall confirm the feasibility of infiltration onsite given the mottled soils shown
in several of the soil boring logs and the location of the proposed basins. If basin locations are
modified, updated soil borings and infiltration testing shall be provided to confirm viability
of new basin locations.
4. The Developer shall update the models (HydroCAD and P8) per city and any watershed
district comments and submit updated computations and models in their native forms with the
final plat submittal and final construction plans.
5. The ieveloper shall enter into an Operations and Maintenance Agreement for any proposed
privately owned stormwater facilities which shall be recorded concurrently with the final plat.
WETLAND ALTERATION PERMIT
1. The Developer shall provide a copy of the signed Army Corps of Engineers Permit prior to
the commencement of construction activities.
Z. The Developer shall comply with all requirements of the approved WCA sequencing
application and provide proof of purchased credits prior to the commencement of construction
4
activities.
3. The Developer shall work with staff to create an approved plan for reestablishing the wetland
buffer that will be disturbed prior to recording of the site plan agreement.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
g. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
CITY OF CHANHASSEN
BY
Elise Ryan, Mayor
AND
Laurie Hokkanen, City Manager
STATE OF MINNESOTA
COLINTY 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
municiial corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
SS
)
(
)
5
DEVELOPER:
BY
John E. Mesenbrink, President
STATE OF MINNESOTA
COI-]NTY OF
SS.
)
(
)
The foregoing instrument was acknowledged before me this day of
20 by John E. Mesenbrink,President, Mesenbrink Construction and Engineering, Inc., a
Minnesota Corporation.
NOTARY PUBLIC
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
6
(
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A''
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: l) this site plan 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, 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 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 site 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
Uy ine 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 upp.opriut. to confiol erosion at the Developer's expense. The City will endeavor to notiff the
oevelopei 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.
Erosioricontrol 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, airt and debrii, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be
warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall
post a letter of credit or cash escrow to the City to secure the waranties at the time of final acceptance.
7
9.
7. Responsibility for Costs.
e. fhe Deveioper shall holdthe 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 deveiopment. The Developer shall indemnifu the City and its officers and
,rrploy..r for all costs, damages, or expenses whichthe 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.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreemeni*ithin 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.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed ty 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
gir., *ritten notice of the work in default, not less than four (4) days in advance. This Agreement is
i li""nr. 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'
Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site offrces
rtrutt U. approved by the City Engineer. Trailers shall be removed from the subject property
within tfrirfy i:Ol days following the issuance of a certificate of occupancy unless otherwise
approved by the CitY Engineer.
B. postal Service. Th; 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. Br*.h of Contrurt. ilreach of the terms of this Agreement by the Developer shall be grounds
for denial of building Permits.
E. Severability. If any fonion, section, subsection, sentence, clause, paragraph, or phrase of this
Ag.***t ts for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Oc".rpunly. Unless approved in writing by the City Engineer, no one may occupy a building
for which a building p.r-it is issued on either a temporary or pennanent basisuntil the streets
needed for access haue b".n 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 prouisions 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 zut*J to promptly take legal action to enforce this Agreement shall not be a waiver
or release.
H. Recordine. This Agreement 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
8
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
ii*. u. often and in such order as may be deemed expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
urrr. to q,OO p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, withno 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 instaltation 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 Triatrnent Systems. If soil treatment systems are required, the Developer shall clearly
@protectfromalteration,unlesssuitablealtemativesitesarefirst
providld, the two soil treatment sites identified during the site plan process for each lot. This
,t utt U. 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 Resulations. In the development of the site plan, the
@thalllaws,ordinances,andregulationsofthefollowingauthorities:l. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Govemment, its agencies, departments and commissions.
M. proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
t" th. Crty thrt 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 representatlons or
warranties as to the conditionbf 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 ugr.ir that it will indemniff, defend, and hold harmless the City, its
governing btdy members, officers, and employees from any claims or actions arising out of
ih" pr.r"-r.", if *y, of hazardous wastes or pollutants on the property, unless hazardous
*uri.. or pollutants were caused to be there by the City'
O. Soil Coneition. The Developer shall be responsible for soil correction work on the property.
xr" crfy -"k"s no representation to the Developer conceming the nature of suitability of soils
nor thetost of correciing any unsuitable soil conditions which may exist.
9
FEE OWNER CONSENT
Owners of all or part of the subject property, the development of which is governed by the foregoing
Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject property owned by them.
Dated this
-
day of 20
STATE OF MINNESOTA
COUNTY OF
SS
)
(
)
The foregoing instrument was acknowledged before me this day of
2o_,by
NOTARY PUBLIC
DRAFTEDBY:
City ofChanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen" MN 55317
(9s2)227-t100
10
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
STERLING STATE BANK, a Minnesota banking corporation, which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract,
ugr"J, tnat ttre Development bontract shall remain in fuIl force and effect even if it forecloses on its
mortgage.
Dated this
-
day of 20-.
STERLING STATE BAIIK
STATE OF MINNESOTA )
( ss.
couNTY OF
-
)
The foregoing instrument was acknowledged before me this day of
20-.,by the
Sterting State Banh a Minnesotabanking corporation, on behalf of said entity.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-rr00
By
Its:
of
11
(Bank Letterhead)
IRREVOCABLE LETTER OF CREDIT
No.
TO:City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of
Date:
and in your favor, our
available to you by your draft drawn
dated
of
Irrevocable Letter of Credit in the amount of $
on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
2_,of fName 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 modifu 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 aNotation Letter of Credit' More than one
draw may be made under this Letter of Credit.
This Letter of Credit shall be govemed 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 Leffer of Credit shall
be duly honored upon presentation.
l2
(Name
-)
BY
Its
13
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2023-168
WETLAND ALTERATION PERMIT
AUDUBON BUSINESS PARK
SPECIAL PROVISIONS
AGREEMENT August 14,2023,by and between the CITY OF CHANHASSEN, a Minnesota
municipal corporation, (the "City"), ond MESENBRINK CONSTRUCTION & ENGINEERING,
INC., a Minnesota Corporation (the "Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for
an office industrial building of 164,559 square feet (Building B) that will be used as an office-
manufacturing-warehouse (referred to in this Agreement as the "project"). The land located in Carver
County, Minnesota, is legally described as Lot 2, Block 1, Audubon Business Park, Carver County,
Minnesota.
Z. Conditions of Site Plan Approval. The City hereby approves the site plan 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 Contract. 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 Rehder & Associates, Inc., dated06116123.
plan B-Grading, Drainage and Erosion Control Plans prepared by Rehder & Associates,Inc.,
dated06116123.
plan C-Landscaping Plan prepared by aune fernandez landscape architects, dated0611412023.
Plan D - Utility Plans prepared by Rehder & Associates, Inc., dated06ll6l23.
Plan E - SWPP prepared by Rehder & Associates,Inc., dated06ll6l23.
plan F - Architectural Plans prepared by Edward Fan Architects, Inc., dated 06/1612023
4. Time of Perforrnance. The Developer shall install all required screening and landscaping by
October l, 2024. 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.
1
5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall
furnish the Citywith an inevocable letter of credit from a bank in the form attached hereto or cash
escrow ("secgrity") for $304,992.00 (erosion control, grading, landscaping, stormwater, etc.). The
bank shall be authorized to do business in the State of Minnesota, and shall provide a Minnesota
office for presentment of the Letter of Credit or other altemative acceptable to the City. The security
shall be 110 percent of the following:
Site Restoration $ 61,190.00
Landscaping $216,075.00
Sub-Total $277,265.00
$304,992.00ll0"h
This breakdown is for historical reference; it is not a restriction on the use of the security The city
may draw down the security, on five (5) business days written notice to the Developer, for any
vioiation 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 improvements are not completed at least thirty (30) days
prior to the expiration of the ,..*ity, 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 bL reduced from time to time by ninety percent (90%) of the
financial obligations that have been satisfied.
If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping,
then the deveioper shall provide to the crty an updated letter of credit or cash escrow in an amount
sufficient to ensure the installation of said landscaping'
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the
Developer or his Engineer.
b. partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval'
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
John E. Mesenbrink
Mesenbrink Construction & Engineering, Inc'
2
7765 n5,fr Street East
Prior Lake, Minnesota 55372
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 747, Chanhassen, Minnesota 55317,
Telephone (952) 227 -1100.
7. Other Special Conditions. City Council approves a site plan for two office industrial
buitdings of 22i,61g (Building A) and 164,559 squurre feet (Building B) subject to the following
conditions:
Planning:
1. Separate sign permits are required for each business sign. Signage shall comply with the
Office Industrial sign regulations.
2. Directional signage must be located outside public right of way.
3. Site lighting must comply with city ordinance.
Building:
l. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Building plans must provide sufficient information to veriff that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after Plan review.
4. The building is required to have automatic fire extinguishing systems.
5. Structure proximity to property lines (and other buildings) will have an impact on the code
requiremants for the propoied buildings, including but not limited to; allowable size, protected
opinings, and fire-rerirtiue construction. These requirements will be addressed when
complete building and site plans are submitted.
6. Builiing plans mist include a code analysis that contains the following information: Key Plan,
Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated
o. non-r.p*utea, fiie resistive elements (Ext walls, Bearing walls - exterior or interior, Shaft,
Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum
plumbing fixture count.
7. ifetaining walls (if present) more than four feet high, measured from the bottom of the footing
to the top of the *uil, r.r*i be designed by a professional engineer and a building permit must
be obtained prior to constructio.r. R"tui.ring walls (if present) under four feet in height require
a zoning permit.
8. If any soil conections are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
Fire:
l. Building will require a fire suppression system and fire panel to monitor the system.
J
2. Additional hydrants may be required after final review of utility plans.
3. If building stays under 30 feet, no additional fire apparatus entrance required.
Natural Resources:
1. The Developer shall revise the landscape plan to increase quantities to meet minimum
ordinance requirements for bufferyard plantings and vehicle use areas (including parking).
2. The Developlr shall include tree protection fencing in plans in red for sheet C37, to match
c35,C36 & C38.
3. plans will need to be amended to show that any boulevard trees are proposed to be removed
(see the SW entrance to the site on C37).
4. Wh.n within 20 feet 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
skirt. Note that silt fences are not to be used as tree protection fencing.
5. Replace white spruce trees that are N of the SW pond and S 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.
Water Resources:
1. The Developer and their Engineer shall work with city staff in amending the construction
plans, datedlune 16,2023 prepared by Rehder & Associates, Inc., to fully satisfr construction
pl*.orn-ents and concems. Final construction plans will be subject to review and approval
by staff prior to recording of the final plat.
2. An appioved permit from RPBCWD will be required prior to the commencement of
construction activities.
3. The Developer shall confirm the feasibility of infiltration onsite given the mottled soils shown
in several oi*r" soil boring logs and the location of the proposed basins. If basin locations are
modified, updated soil boringi and infiltration testing shall be provided to confirm viability
of new basin locations.
4. The Developer shall update the models (HydroCAD and P8) per city and any watershed
district comments and submit updated computations and models in their native forms with the
final plat submittal and final construction plans.
5. The Developer shall enter into an Operations and Maintenance Agreement for any proposed
privately owned stormwater facilities which shall be recorded concurrently with the final plat.
WETLAND ALTERATION PERMIT
1. The Developer shall provide a copy of the signed Army Corps of Engineers Permit prior to
the commencement of construction activities.
2. The Developer shall comply with all requirements of the approved WCA sequencing
application and provide proofof p*chased credits prior to the commencement of construction
activities.
3. The Developer shall work with staffto create an approved plan for reestablishing the wetland
buffer that will be disturbed prior to recording of the site plan agreement'
g. General Conditions. The general conditions of this Agreement are attiached as Exhibit "A"
4
and incorporated herein.
g. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
CITY OF CHANHASSEN
BY
Elise Ryan, Mayor
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA
COUNTY OF CARVER
SS
)
(
)
The foregoing instrument was acknowledged before me this-day of
-,20-,by
Elise Ryan, Mayor, *a Uy Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, o, b.hulf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
5
DEVELOPER:
BY
John E. Mesenbrink, President
STATE OF MINNESOTA
COLTNTY OF
20
ss.
)
(
)
The foregoing instrument was acknowledged before me this _ day of
by John E. Mesenbrink,President, Mesenbrink Construction and Engineering, Inc,, a
Minnesota CorPoration.
NOTARY PUBLIC
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
6
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A''
GENERAL ITION
l. 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 site plan 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, 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 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 site 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
Uy itre 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 supplem.rtury instructions received from the City, the Crty may take such action as it
deems upp.op.iut. to control erosion at the Developer's expense. The City will endeavor to notifu the
Developii 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, airt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be
warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall
post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance.
7
(
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 indemniff 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 attomeys'fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attomeys' fees.
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 8Yo 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
givenwritten notice of the work in default, not less than four (4) days in advance. This Agreement is
u lic"rr" 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 thirly (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 ofthe terms ofthis Agreement by the Developer shall be grounds
for denial of building permits.
E. Severabilitv. 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 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 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 shatl 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
8
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
ii*. ur often and in such order as may be deemed expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, withno 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 permiued 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 Treatnent Systems. If soil treafinent systems are required, the Developer shall clearly
,d*t$ in the field and protect from alteration, unless suitable altemative sites are first
providld, the two soil treatment sites identified during the site plan process for each lot. This
rftat U" 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
O"*top.. shall comply with all laws, ordinances, and regulations ofthe following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too enter
into this DeveloPment Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make use of such property.
Thi Developer further agrees that it will indemnifr, defend, and hold harmless the City, its
governing body members, officers, and employees from any claims or actions arising out of
ih. pr.r.n.e, 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 Conection. The Developer shall be responsible for soil correction work on the property.
fn. 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.
9
FEE O CONSENT
Owners of all or part of the subject property, the development of which is governed by the foregoing
Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of 20
20-,by
NOTARY PUBLIC
DRAFTEDBY:
City ofChanhassen
7700 Malket Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2)227-fi00
l0
STATE OF MINNESOTA )
(ss
COLTNTY OF )
The foregoing instrument was acknowledged before me this day of
-,
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
STERLING STATE BANK, a Minnesota banking corporation, which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract,
ug..", mat ttie Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this
-
day of 20-.
STERLING STATE BANK
STATE OF MINNESOTA )
( ss.
coLrNTY OF _ )
The foregoing instrument was acknowledged before me this day of
20_-,by
-,
the
on behalf of said entity.Sterling State Banh a Minnesota banking corporation,
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2)227-truo
By:
Its:
11
(Bank Letterhead)
IRREVOCABLE LETTER OF CREDIT
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
Date:
and in your favor, our
available to you by your draft drawn
dated
No
Irrevocable Letter of Credit in the amount of $
on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No
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
addresied 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, insffument, 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 govemed 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.
t2
BY:
Its
13
Enclosed are the following:
n Final Plat Mylar (1) no larger tha n 22" x 34"
ll L,, = 2OO' scale paper reduction of the final plat (with street names and lot and block numbers only)
! Signed Development Contract
! Signed Site Plan Agreements (Lot l and Lot 2)
! Mortgage Holder Consent to Plat (with the DC)
! Mortgage Holder Consenttothe Development Contract
! Mortgage Holder Consent to Site Plan Agreements (Lot l and Lot 2)
! Certificate of lnsurance (Development Contract pS. GC-7, l')
! Easements:Cross-access e ase ments over Lots 1 and 2
pdated Traffic Analvsis . uodated and final con struction plans incl udins u odate to theOther: U
hnica I re o s conditio in the Dc rmwater O e ions and Mai nance re ntt
wetland bu ffer reestablis hme nt olan.
/ A recent copy of the title commitment enclosed/emaile d ldafe:7 /312023l.
n Development Contract Security: 3827,072.60, from
-(bank
name)
n Development Contract Cash fee: S1'036'170.28
tr Site Plan Security (Building A): 54L7,737.OO
n Site Plan Security (Building B):04,2.00
n Digital copy of the final plat in .dxf and .tif formats (.pdf compatible) in Carver County coordinates
! Area, in square feet, of DUE (by Lot) and Row dedications associated with the final plat
n Electronic copy of drainage model and water quality model
! Notified the developer that the current year property taxes must be paid in full and any delinquent
property taxes or green acres taxes must also be paid before the plat can be filed.
ert must be in full and an lin uent ro taxes or n acres taxeNOTES:rrent ear t a
olat can be file d. The Resoluti on to Vacate will be orovided b v staff for recordimust a lso be oaid before the
concurrent lv with the final olat - please consider the recording order wit h the vacation I egal des criotions.
ng
RECORDING FOR: Audubon Business Park Date:81L512023
n