Recorded Site Plan Agreement Lifetime 2023-13Document Number: T228077
Torrens Certificate: 35576.0
Filed and/or Recorded on
Sep 25, 2023 8:11 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, Registrar of lltles
Deputy DL
Document Recordlng fues $ 46.00
DocumentTotal $ 46.00
Requesting Party: CAMPBELL KNUTSON PA
Pages: 12
Document Number: A765f99
Filed and/or Recorded on
Sep 25, 2023 8:11 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy DL
Document Recording Fees $ 46.00
DocumentTotal $ 46.00
Requesting Party: CAMPBELL KNUTSON PA
Pages: 12
'Ihis cover page has been added to this document by Carver County [.and Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2023-13
LTF REAL ESTATE COMPANY, [NC. PICKLEBALL FACILITY
SPECIAL PROVISIONS
SITE PLAN AGREEMENT ("Agreement") dated August 14,2023, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and LTF Real Estate
Company, Inc., a Minnesota corporation (the "Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 25,470 square foot, one-story commercial industrial building with an outdoor area for
pickleball courts to be located on land in Carver County, Minnesota generally located at
2970Water Tower Place and legally described as Lot l, Block 1, Arboretum Business Park
5s Addition, Carver County, Minnesota ("Subject Property") (refened to in this Agreement
as the "project").
2. Conditions of Site Plan Approval. The City hereby approves the site plan on the condition
that the Developer enters into this Agreement and fumishes the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Agreement. If the plans vary from the
written terms of this Agteement, the written terms shall control. The plans are:
Plan A - Title Sheet prepared by Life Time and Elfering & Associates, dated 511512023
Plan B - Existing Conditions by Life Time and Elfering & Associates, dated 511512023
Plan C - Interim Conditions by Life Time and Elfering & Associates, dated 511512023
Plan D - Site Plan and Utilities by Life Time and Elfering & Associates, dated 511512023
Plan E - Grading Plan and Erosion Control by Life Time and Elfering & Associates, dated
I
snst2023
Plan F - Details by Life Time and Elfering & Associates, dated 611912023
Plan G - Storm water pollution prevention plan (SWPPP) by Life Time and Elfering & Associates,
dated611912023
Plan H - Planting Plan and Details by Life Time, Elfering & Associates, and HKGi dated810212023
Plan I - Photometric Site Plan by Life Time and Emanuelson-Podas, dated 611912023
Plan J - Photometric Cut Sheets and fixture schedule by Life Time and Emanuelson-Podas, dated
6n912023
Plan K - ALTAA{SPS Land Title Survey prepared by Van Neste Survey, dated July I 8, 201 9
4. Time of Performance. The Developer shall install all required screening and landscaping
by September 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.
5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall
furnish the City with a letter of credit substantially in the form attached hereto, from a bank
acceptable to the City, cash escrow, or equivalent ("security") for $337,975 (erosion control,
landscaping, stormwater, etc.). The security shall be I l0 percent of the following:
Erosion Control $ 16,800
Storm $ 86,750
Landscaping $ 203,700
Sub-Total $307,250
ll00h $337,975
The City may draw down the security, on five (5) business days written notice to the Developer,
for any violation of the terms of this Contract or without notice if the security is allowed to lapse
prior to the end of the required term. If the required improvements are not completed at least thirty
(30) days prior to the expiration of the security, the City may also draw it down without notice. If
the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof
satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90%)
of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by
the Developer's engineer shall be retained as security until all improvements have been complete, all
financial obligations to the City satisfied, the required "as constructed" plans have been received by
the City, a warranty security is provided, and the improvements are accepted by the City.
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 its Engineer.
2
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:
Dave Modrow, PE
Development Manager
Life Time Property Development
2900 Corporate Place
Chanhassen, MN 55317
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (9 52) 227 -1 100.
7. Other Special Conditions. City Council approves a site plan for a25,410 square foot,
one-story commercial industrial building with an outdoor area for pickleball courts subject to the
following conditions:
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 verify that the 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 (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 boftom of the
footing to the top of the wall, must be designed by a professional engineer and a building
J
permit must 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 Subject Property a final grading plan and soil
report must be submitted to the Inspections Division before permits will be issued.
Engineering & Water Resources
1. It is the Developer's responsibility to ensure that all applicable permits are received from
all other agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board
of Water and Soil Resources, MnDOT, etc.) prior to the commencement of construction
activities.
2. Private cross access easement and declarations for parking between Block 1, Lot I and
Lot 2 of the Arboretum Business Park 5th Addition must be recorded prior to or
concurrently with the recording of the Site Plan Agreement.
3. The Developer and their Engineer shall work with City staff in amending the construction
plans, dated May I 5,2023 prepared by Kristina Elfering, PE with Elfering & Associates,
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 site plan agreement.
4. The Developer shall provide a copy of conditional approval from the RPBCWD as part of
any future plan submittals.
5. Final SWPPP and ESCP plans will be subject to review and approval by staff prior to
recording of the site plan agreement.
6. The Developer shall update the models (HydroCAD, MIDS and P8) per City and any
watershed district comments and submit updated computations and models in their native
forms with the final site plan submittal and final construction plans.
7. 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 site plan agreement.
Fire
l. Building will require 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 height is less than 30 feet, no additional fire apparatus entrance required. If
building height exceeds 30 feet additional fire apparatus entrance is required, subject to
review of the location by the Fire Chief.
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. Developer will need to include the following calculations in the plans:
o Amount of landscaping needed based on buffering of the county road to the west
of the property (see 20-l176 in city code);
4
o Amount of landscaping and parking islands/peninsulas needed for the new
parking lot (see 20-1183 in city code).
2. Developer will need to update plans to meet Tree Diversity requirements (see 20-1183 in
city code).
3. The plans do not show any tree protection fencing for trees that are near grading limits on
the northern section of the project. These will need to be included.
4. The plans show silt fences installed next to trees to be preserved. The plans shall include
using mulch socks when near/within the canopies of trees to be preserved. Another option
for installation under tree canopies to be preserved would be to install the fence without
trenching the boffom of the fence (thereby protecting roots from unnecessary damage
from the silt fence installation).
Parks
1. The Developer shall pay park fees in the amount in effect at the time prior to recording the
site plan agreement.
Planning
1. Update wall lighting sconces to include 90-degree cutoff fixtures.
2. Proposed signage will require separate sign permits.
3. Wayfinding sign shall not have exceed 24 square feet in signage area.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
10. Certificate of Completion.-After substantial completion of the project in accordance with
the approved plans and the terms of this Agreement, upon request by Developer, the City
will furnish Developer with a Certificate of Completion. Such certification by the City shall
be a conclusive determination of satisfaction of the agreements and covenants in this
Agreement. The Certificate of Completion shall be in such form as will enable it to be
recorded in the proper county office for the recordation of deeds and other instruments
pertaining to the Subject Properfy.
CITY OF CHANHASSEN
BY
Elise Ryan,
lAA r(,11,Wk^,n-(,h
5
AND:
Laurie Hokkanen, City Manager
t
STATE OF MINNESOTA )
couNrY oF .ARVER Itt
The foregoing instrument was acknowledged before -e tfri#flv of August
-,
2023,
by Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the
by its City Council.
and authority granlr:d
TKIM
Notary 202531,JenExPreCofimissionMy
6
DEVELOPER:
LTF Real
NOTARY
,Inc.
Its:*,*,[
STATE OF MINNESOTA
COUNTY OF CARVER
The instrument was
the
Minnesota
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
n.l,l
me this o(l aay of August. 2023 by
LTF Real Estate Company, Inc., a
SS.
)
(
)
7
SUSAN M.
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A''
GENERAL CONDITION
1. Right to Proceed. Within the Subject Property, the Developer may not grade or otherwise
disturb the earth, remove trees, consffuct improvements, or any buildings until all the following
conditions have been satisfied: l) this Agreement has been fully executed by both parties and filed
with the City Clerk and recorded with the County Recorder's Office or Registrar of Title's Office of
the County of the Subject Property, 2) the necessary security and fees have been received by the
City, 3) the necessary insurance for the Developer and its contractors has been received by the City,
4) a preconstruction meeting has been held by the Developer and the Developer's Engineer, and 5)
the City has issued a building permit provided the foregoing conditions having been satisfied.
2. Maintenance of site. The 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 gtants 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 E, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if needed to control erosion and sediment
transport. All areas disturbed by the excavation and backfilling operations shall be reseeded
forthwith after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the erosion control plan and schedule or supplementary instructions received from the City, the
City may take such action as it deems appropriate to control erosion at the Developer's expense and
per the terms of Section 5, "Security", of this Agreement. The City will endeavor to notif,i the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless there is full compliance with the erosion control requirements.
Erosion control shall be maintained until vegetative cover has been restored. After the site has been
stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City
will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Planting Plan and Details, Plan H,
8
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 its
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. 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 indemnif, 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 reasonable 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 8% per year.
D. 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.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given written notice of the work in default, not less than four (4) days in advance. This Agreement is
a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the Subject
Property within thirty (30) days following the issuance of a certificate of occupancy trnless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Agreement.
D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be
grounds for denial of building permits.
E. 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 pennanent basis until
9
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. Recordins. This Agreement shall run with the land and may be recorded against the title to
the Subject Property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to the City, at law or in equity, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such
order as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this Agreement shall be from
7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Construction activities in
conjunction with new developments and City improvement projects, including but not
limited to grading, utility installation and paving, requiring the use of heavy equipment shall
be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m.
and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays.
Operation of all internal combustion engines used for consffuction or dewatering purposes
beyond the normal working hours will require City Council approval.
L.Compliance with Laws.ances. and Resulations.In the development of the site plan,
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Govemment, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the Subject Property or its fitness for
construction of the improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will indemnifr, defend, and hold
harmless the City, its governing body members, officers, and employees from any claims or
actions arising out of the presence, if any, of hazardous wastes or pollutants on the Subject
Property, unless hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil conection work on the Subject
Property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
l0
t
P. Insurance. Developer shall take out and maintain until six (6) months after the City has
accepted the Subject Property improvement, 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 occurence; limits for property damage shall be not
less than $500,000 for each occuffence; 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 this
Agreement. The policy 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.
ll