12-18-2024 City Council Agenda and PacketA.12:00 P.M. - CALL TO ORDER (Pledge of Allegiance)
B.CONSENT AGENDA
All items listed under the Consent Agenda are considered to be routine by the city council and will
be considered as one motion. There will be no separate discussion of these items. If discussion is
desired, that item will be removed from the Consent Agenda and considered separately. City
council action is based on the staff recommendation for each item. Refer to the council packet for
each staff report.
B.1 Approve First Amendment to Development Contract between the City of Chanhassen and
Roers Chanhassen Bennett Apartment Owner LLC, Roers Chanhassen Harlow Apartment
Owner LLC, and Roers Chanhassen Fund Manager LLC
B.2 Approve Encroachment Agreement for Private Road within Outlot A, Chanhassen Market
Street Addition
B.3 Approve Encroachment Agreement for private improvements in a public drainage and utility
easement
B.4 Approve a Stormwater Maintenance and Operations Agreement between the City of
Chanhassen and Roers Chanhassen Harlow Apartments Owner, LLC and approve a
Stormwater Maintenance and Operations Agreement between the City of Chanhassen and
Roers Chanhassen Bennett Apartments Owner, LLC.
B.5 Declare Vacancy on Commission on Aging
C.GENERAL BUSINESS
D.CORRESPONDENCE DISCUSSION
D.1 Questions Regarding Special Meeting - Deb Lloyd
E.ADJOURNMENT
AGENDA
CHANHASSEN CITY COUNCIL
WEDNESDAY, DECEMBER 18, 2024
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
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City Council Item
December 18, 2024
Item
Approve First Amendment to Development Contract between the City of
Chanhassen and Roers Chanhassen Bennett Apartment Owner LLC, Roers
Chanhassen Harlow Apartment Owner LLC, and Roers Chanhassen Fund
Manager LLC
File No.24-01 Item No: B.1
Agenda Section CONSENT AGENDA
Prepared By Eric Maass, Community Development Director
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council approves the First Amendment to Development Contract between the
City of Chanhassen and Roers Chanhassen Bennett Apartment Owner LLC, Roers Chanhassen
Harlow Apartment Owner LLC, and Roers Chanhassen Fund Manager LLC subject to minor
amendments as may be approved by the City Attorney."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The City Council approved the Development Contract between the City of Chanhassen and Roers
Chanhassen Bennett Apartment Owner LLC and Roers Chanhassen Harlow Apartment Owner LLC on
July 22, 2024. That Development Contract required a singular letter of credit in the amount of
$708,308.57 to ensure construction of all associated public improvements necessary for the
redevelopment project. In order to facilitate a singular letter of credit, Roers has established an
upstream LLC "Roers Chanhassen Fund Manager LLC" that will provide the required letter of credit. In
order for the city to accept their letter of credit and make "Roers Chanhassen Fund Manager LLC"
subject to the requirements of the Development Contract, the city needs to approve the attached First
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Amendment to the Development Contract that includes Chanhassen Fund Manager LLC as an entity
subject to the terms of the Development Contract.
No other conditions, terms, or requirements of the Development Contract have been amended from the
Development Contract that was previously approved by the City Council on July 22, 2024.
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
Staff recommends approval of the First Amendment to Development Contract as proposed.
ATTACHMENTS
First Amendment to Development Contract - Chanhassen Market Street Addition
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(reserved for recording information)
FIRST AMENDMENT
TO
DEVELOPMENT CONTRACT
THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made
this ___ day of __________, 20__, by, between and among the CITY OF CHANHASSEN, a Minnesota
municipal corporation (“City”), and ROERS CHANHASSEN BENNETT APARTMENTS OWNER LLC, a
Delaware limited liability company (“Roers Bennett”) and ROERS CHANHASSEN HARLOW APARTMENTS
OWNER LLC, a Delaware limited liability limited partnership (“Roers Harlow”) (collectively, Roers Bennett and
Roers Harlow are referred to herein as “Developer”), and ROERS CHANHASSEN FUND MANAGER LLC, a
Minnesota limited liability company (“Roers Fund Manager”).
RECITALS
A.The City and Developer previously entered into a Development Contract dated July 22, 2024
(“Development Contract”) for the property legally described in Exhibit A attached hereto, to be platted as
Chanhassen Market Street Addition.
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B.The City and Developer desire to amend the Development Contract to reflect that the required
security under the Development Contract will be provided by Roers Fund Manager.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1.Paragraph 6 of the Development Contract is hereby amended in its entirety to read as follows:
6. Developer 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, Roers Fund Manager, as surety for the Developer, shall furnish the City with a letter of
credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") in the
amount of $708,308.57. The amount of the security was calculated as 110% of the following:
Site Grading/Erosion Control/Restoration $ 89,898.50
Watermain $430,101.38
Storm Sewer $ 31,800.00
Streets $ 49,991.60
Sub-total, Construction Costs $601,791.48
Engineering, surveying, and inspection (7% of construction costs)$42,125.40
Sub-total, Other Costs $42,125.40
TOTAL COST OF PUBLIC IMPROVEMENTS $643,916.88
SECURITY AMOUNT (110% of 643,916.88)$708,308.57
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 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 10% of the original amount until (1) 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.
2.Except as herein amended, the Development Contract shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed this _____ day of
___________________, 20__.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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CITY OF CHANHASSEN
By: ___________________________________________
Elise Ryan, Mayor
(SEAL)
And __________________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ______ day of _____________, 20__, by Elise
Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
_________________________________________
Notary Public
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ROERS CHANHASSEN BENNETT
APARTMENTS OWNER LLC
By: ___________________________________________
Tom Cronin, Its Authorized Signatory
STATE OF ________________)
)ss.
COUNTY OF ______________)
The foregoing instrument was acknowledged before me this ________ day of ______________, 20__, by
Tom Cronin,the Authorized Signatory of Roers Chanhassen Bennett Apartments Owner LLC, a Delaware
limited liability limited company, on its behalf.
______________________________________________
Notary Public
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ROERS CHANHASSEN HARLOW
APARTMENTS OWNER LLC
By: ___________________________________________
Tom Cronin, Its Authorized Signatory
STATE OF ________________)
)ss.
COUNTY OF ______________)
The foregoing instrument was acknowledged before me this ________ day of ______________, 20__, by
Tom Cronin,the Authorized Signatory of Roers Chanhassen Harlow Apartments Owner LLC, a Delaware
limited liability limited company, on its behalf.
______________________________________________
Notary Public
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ROERS CHANHASSEN FUND MANAGER LLC
By: ___________________________________________
Tom Cronin, Its Authorized Signatory
STATE OF ________________)
)ss.
COUNTY OF ______________)
The foregoing instrument was acknowledged before me this ________ day of ______________, 20__, by
Tom Cronin,the Authorized Signatory of Roers Chanhassen Fund Manager LLC, a Minnesota limited liability
limited company, on its behalf.
______________________________________________
Notary Public
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
AMP
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY:
Lot 1, Block 1, Bloomberg 2nd Addition, except that part contained within the plat of Frontier
Cinema Addition, Carver County, Minnesota.
And
Lot 1, Block 1, Bloomberg Addition and Outlots A and B, Bloomberg Addition, Carver County,
Minnesota.
And
Lot 2, Block 1, Bloomberg 2nd Addition, EXCEPT the West 90.00 feet of the South 13.50 feet
thereof; and further excepting the East 60.00 feet of the West 150.00 feet of the South 3.50 feet
thereof, Carver County, Minnesota.
And
Lot 1, Block 1, Frontier Cinema Addition, according to the recorded plat thereof, Carver County,
Minnesota.
And
That part of Lot 1, Block 1, Market Street Station, according to the recorded plat thereof on file or
of record in the County Recorder’s office in and for Carver County, Minnesota, lying easterly,
southerly, easterly and northerly of the following described line:
Commencing at the most southeasterly corner of Lot 1, Block 1, Market Street Station; thence
North 00 degrees 08 minutes 32 seconds East, assumed bearing, along the most easterly line of
said Lot 1 a distance of 147.78 feet; thence South 89 degrees 53 minutes 01 seconds West a
distance of 102.49 feet; thence North 00 degrees 03 minutes 20 seconds West a distance of 281.41
feet; thence South 89 degrees 56 minutes 40 seconds West a distance of 0.61 feet; thence North
00 degrees 03 minutes 20 seconds West a distance of 1.14 feet; thence South 89 degrees 56
minutes 40 seconds West a distance of 4.10 feet to the point of beginning of the line to be
described; thence South 00 degrees 03 minutes 20 seconds East a distance of 1.79 feet; thence
North 89 degrees 56 minutes 40 seconds East a distance of 2.62 feet; thence South 00 degrees 03
minutes 20 seconds East a distance of 209.97 feet; thence North 89 degrees 56 minutes 40
seconds East a distance of 2.10 feet more or less to the intersection of the east line of said Lot 1
and said line there terminating.
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MORTGAGE HOLDER CONSENT
TO
FIRST AMENDMENT TO DEVELOPMENT CONTRACT
HIAWATHA NATIONAL BANK,a Wisconsin Chartered Bank, which holds a mortgage on all or part of
the Property more particularly described in the foregoing First Amendment to Development Contract, which
mortgage is dated October 1, 2021, recorded November 22, 2021, as Carver County Document No.A737561, and an
Assignment of Rents dated October 1, 2021, recorded November 22, 2021, as Carver County Document No.
A737562 (collectively “Mortgage”), agrees that the First Amendment to Development Contract shall remain in full
force and effect even if it forecloses on its Mortgage.
Dated this _____ day of ____________, 2023.
HIAWATHA NATIONAL BANK
By: ______________________________________
_____________________________[Print name]
Its __________________________ [Title]
STATE OF WISCONSIN )
)ss.
COUNTY OF ST. CROIX )
The foregoing instrument was acknowledged before me this _____ day of __________, 2023, by
______________________________, the __________________________ of Hiawatha National Bank, a
Wisconsin Chartered Bank, on behalf of said entity.
________________________________________
Notary Public
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
AMP
11
City Council Item
December 18, 2024
Item Approve Encroachment Agreement for Private Road within Outlot A,
Chanhassen Market Street Addition
File No.24-01 Item No: B.2
Agenda Section CONSENT AGENDA
Prepared By Eric Maass, Community Development Director
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council approves the Encroachment Agreement to allow for a private road to
be constructed within Outlot A, Chanhassen Market Street Addition with the City Engineer to
approve the final form of Exhibit A and Exhibit B."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
With the redevelopment of the Country Inn & Suites and Chanhassen Cinema, Roers Companies
proposed to construct an extension of Laredo Drive between the two mixed use buildings. That
extension of Laredo Drive will be a private street until such time as Laredo Drive extends further to the
south to Market Street and at that time Laredo Drive will revert to a public road in its entirety.
With the Plat, Outlot A will be created and is required to be deeded to the City for City ownership. As a
result, an Encroachment Agreement is required in order for what will initially be considered a private
road (Laredo Drive) to be constructed within Outlot A which will be owned by the City of Chanhassen.
City staff continue to work with Kraus Anderson on the acquisition of additional right of way in order
to fully extend Laredo Drive to Market Street. Once Laredo Drive is connected to Market Street,
Laredo Drive will become a public road rather than a private road. If the city acquires the additional
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right-of-way by December 31, 2025, the TIF contracts require that Roers construct the southern half of
Laredo Drive.
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
Staff recommends approval of the Encroachment Agreement for Private Road in Outlot A, Chanhassen
Market Street Addition
ATTACHMENTS
Encroachment Agreement for Private Road in Outlot A
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(reserved for recording information)
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT (“Agreement”) is made this day of
, 2024, by and between the CITY OF CHANHASSEN, a Minnesota municipal
corporation (“City”), and ROERS CHANHASSEN BENNETT APARTMENTS OWNER
LLC, a Delaware limited liability company (“Roers”).
RECITALS
1. The City is the fee owner of property legally described as Outlot A, Chanhassen Market Street
Addition, Carver County, Minnesota, according to the recorded plat thereof (“City Property”);
2. Roers wishes to construct a private driveway which will encroach onto the City Property (the
“Encroachment”), as is depicted on Exhibit A (the “Encroachment Area”), pursuant to plans
attached as Exhibit B (“Plans”);
3. The City is willing to permit the Encroachment, subject to the terms and conditions set forth
in this Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, the City and Roers have agreed as follows:
1.Encroachment Authorization; Special Conditions. The City hereby approves the
Encroachment, and permits the Encroachment to remain in the Encroachment Area, subject to the
terms of this Agreement, including but not limited to, the following special conditions:
A. Roers is the sole owner of the Encroachment, and is solely responsible for all work,
cost, and expense for the construction and maintenance of the Encroachment;
B. Other than routine maintenance of the Encroachment, Roers is not permitted to alter,
replace, expand, relocate, or add tothe Encroachment in any way, without prior approval
by the City;
C. At Roer’s sole cost and expense, Roers is required to do all of the following:
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i.Construct the Encroachment pursuant to the Plans;
ii.Construct and maintain the Encroachment in a reasonably safe condition;
iii.Comply with any directive or order given by City staff following any inspection
of the Encroachment, including directives as to maintenance or removal of any
part of the Encroachment or the Encroachment as a whole; and
iv.Pay for the cost of repair or replacement of any future utility infrastructure that
may be caused by the maintenance of the Encroachment; and
v.Pay for the cost of relocation of any future utility infrastructure that may be
caused by the maintenance of the Encroachment; and
vi.Upon removal of any part of the Encroachment or the Encroachment as a whole,
restore the Encroachment Area to a condition consistent with the condition of
the City Property prior to construction of the Encroachment.
2.Admission of No Right. Other than the encroachment rights set forth in this
Agreement, Roers does not now claim any right or title to any part of the City Property by reason
of past, present, or future occupancy there, nor will Roers make any such claim in the future.
3.Acknowledgements by Roers. Roers acknowledges that City’s property rights in
the City Property, including the Encroachment Area, shall be superior to those rights conveyed by
this Agreement. Roers further acknowledges that Roer’s placement of the Encroachment in the
Encroachment Area over and across the City Property includes the risk that it might become
necessary that the Encroachment be disturbed or removed to facilitate City use of the City Property
for future public roadway purposes.
4.City Right of Entry, Work Within Encroachment Area. At all times, regardless
of the hour of day or day of the week, the City shall have the right to enter onto the Encroachment
Area to perform maintenance, repairs, replacement, or other work related to the City Property, as
deemed necessary by the City, in the City’s sole discretion.
5.Inspections by the City. The City shall inspect the Encroachment for compliance
with this Agreement, and other compliance with the City Code.
6.Insurance. Roers is required to maintain a commercial general liability insurance
policy which provides coverage for damage to the Encroachment or injury to persons or their
property in connection with the construction, maintenance, repair or use of the Encroachment or
the Encroachment Area. Such coverage shall be on an as occurrence basis, and shall include
contractual liability coverage with respect to the indemnity obligation in Section 7 of this
Agreement.
Roer’s insurance must be “Primary and Non-Contributory” with respect to the liability of
Roers or anyone directly or indirectly employed by Roers. The insurance policy shall include the
City as an additional insured by endorsement. A copy of the endorsement shall be submitted upon
request of the City. Roers shall provide a certificate of insurance prior to commencement of work
within the Encroachment Area.
Roers policies and Certificate of Insurance shall contain a provision that coverage afforded
under the policies shall not be cancelled, non-renewed or materially changed without at least thirty
(30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of
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premium. Roers shall maintain a current certificate of insurance coverages on file with the City’s
Risk Manager.
7.Hold Harmless and Indemnity. In consideration of being allowed to encroach on
the City Property, Roers, for itself, its heirs, successors and assigns, hereby agrees to indemnify and
hold the City, its officials, employees, contractors, agents, and volunteers harmless from any and all
claims, damages, losses, costs, and/or expenses, arising from, based on, related to, or caused by, in
whole or in part, the construction, maintenance, and use of the Encroachment within the
Encroachment Area.
8.Waiver of Claims. Roers knowingly and voluntarily waives and releases any and
all claims against the City arising from, based on, or related to Roers being permitted to maintain
the Encroachment on the City Property.
9.Termination of Agreement. The City may, at its sole discretion, terminate this
Agreement at any time by giving Roers, or any successor in interest, thirty (30) days advance written
notice of termination. In the event of an emergency condition, as determined solely by the City, the
City may terminate the Agreement without notice and with immediate effect. Upon the effective
date of termination of this Agreement, the Encroachment shall remain unless otherwise requested to
be removed by the City. If Roers fails to remove upon City request, the City may remove the
Encroachment and charge the cost of removal back to Roers for reimbursement.
10.Recording; Fee Owner Consent. This Agreement shall run with the land and shall
be recorded against the title to the City Property.
11.Miscellaneous. This Agreement shall be governed by the laws of the State of
Minnesota, and any dispute arising out of this Agreement shall be venued in the state or federal
courts with jurisdiction in Carver County, Minnesota. This Agreement may only be amended in
writing. This Agreement may be executed in several counterparts, each of which when executed is
considered an original, but all of which together shall constitute one instrument.
12.Incorporation of Recitals and Exhibits. The Recitals at the beginning of this
Agreement and the Exhibits attached to this Agreement are each true and correct, and are
incorporated into and made part of this Agreement by reference.
[Signature pages follow]
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CITY OF CHANHASSEN
By ___________________________________
(SEAL)Elise Ryan, Mayor
And __________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2024, by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and
City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
____________________________________
Notary Public
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233995v6
ROERS CHANHASSEN BENNETT
APARTMENTS OWNER LLC,
a Delaware limited liability company
By:
Tom Cronin, Authorized Signatory
STATE OF )
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this ______ day of
__________________, 2024, by Ton Cronin, the Authorized Signatory of Roers Bennett
Apartments Owner LLC, a Delaware limited liability company, on its behalf.
____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
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Exhibit A
Depiction of City Property and Encroachment
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Exhibit B
Plans
Page 1 of 6
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Page 2 of 6
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Page 3 of 6
22
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Page 4 of 6
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Page 5 of 6
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Page 6 of 6
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City Council Item
December 18, 2024
Item Approve Encroachment Agreement for private improvements in a public
drainage and utility easement
File No.24-01 Item No: B.3
Agenda Section CONSENT AGENDA
Prepared By Eric Maass, Community Development Director
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
Motion to approve the encroachment agreement for private improvements in a public drainage and
utility easement with the City Engineer to approve the final form of Exhibit A and Exhibit B.
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
A portion of the concrete patios for the walk out units of the eastern most proposed building extends
into a public drainage and utility easement along with a number of improvements including dog run
fencing, and pavement. The city's engineering department has reviewed the encroachments and
construction details and found that they will not interfere with public utilities or future maintenance of
those utilities including excavation.
BACKGROUND
DISCUSSION
BUDGET
26
RECOMMENDATION
Staff recommends approval of the encroachment agreement as presented.
ATTACHMENTS
Encroachment Agreement for private improvement in public drainage and utility easement
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233998v1 1
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this ____ day of _____________, 2024, by and between the
CITY OF CHANHASSEN,a Minnesota municipal corporation (“City”), and ROERS
CHANHASSEN HARLOW APARTMENTS OWNER LLC, a Delaware limited liability
company (“Roers”).
1.BACKGROUND. Roers is the fee owner of certain real property located in the
City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Lot 1,
Block 2, Chanhassen Market Street Addition, according to the recorded plat thereof, Carver
County, Minnesota (“Property”). The City owns easements for drainage and utility purposes over
portions of the Property (“Easement Areas”). Roers desires to construct concrete slabs, sidewalks,
fencing, parking stalls, and an access aisles (“Improvements”) on the Property that encroach on
the City’s Easement Areas as depicted on the attached Exhibit “A”.
2.ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas on the Property for the Improvements subject to the
conditions set forth in this Agreement. Further conditions of encroachment approval are as follow:
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The City shall have no responsibility to maintain or repair the Improvements located
within the Easement Areas.
The Improvements must not impact or increase water drainage on the abutting
properties or cause any adverse drainage patterns or erosion to the abutting properties.
Roers, its successors and assigns, are fully responsible and liable for any and all damage
caused to the Improvements or resulting from construction and/or installation of the
Improvement within the Easement Areas.
The Roers will own and maintain the Improvements.
Further, Roers agrees that the Improvements shall be constructed consistent with all
applicable federal, state and local laws and regulations.
3.HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, Roers, for itself, its successors and assigns, hereby agrees to
indemnify and hold the City harmless from any damage caused to the Property, including any of
the Improvements located in the Easement Areas, caused in whole or in part by the encroachment
into the Easement Areas.
4.TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the then owner of the Subject Property sixty (60)
days advance written notice, except that no notice period will be required in the case of an
emergency condition as determined solely by the City and this Agreement may then be terminated
immediately. The property owner shall remove that portion of the Improvements to the extent
they impact the Easement Areas to the effective date of the termination of this Agreement. If the
owner fails to do so, the City may remove that portion of the Improvements to the extent they
impact the Easement Areas and charge the cost of removal back to the owner for reimbursement.
5.RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Property.
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CITY OF CHANHASSEN
By ___________________________________
(SEAL)Elise Ryan, Mayor
And __________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2024, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor
and City Manager of the City of Chanhassen,a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
____________________________________
Notary Public
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ROERS CHANHASSEN HARLOW
APARTMENTS OWNER LLC
By _____________________________________
_____________________________ [print name]
Its ___________________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this ______ day of
_____________, 2024, by _______________________________, the ____________________
of Roers Chanhassen Harlow Apartments Owner LLC, a Minnesota limited liability
company, on behalf of the entity.
____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
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233998v1 5
EXHIBIT “A”
Depiction of Encroachment
[See Attached]
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City Council Item
December 18, 2024
Item
Approve a Stormwater Maintenance and Operations Agreement between the
City of Chanhassen and Roers Chanhassen Harlow Apartments Owner, LLC
and approve a Stormwater Maintenance and Operations Agreement between the
City of Chanhassen and Roers Chanhassen Bennett Apartments Owner, LLC.
File No.24-01 Item No: B.4
Agenda Section CONSENT AGENDA
Prepared By Eric Maass, Community Development Director
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council approves Stormwater Maintenance and Operations Agreement
between the City of Chanhassen and Roers Chanhassen Harlow Apartments Owner, LLC and a
Stormwater Maintenance and Operations Agreement between the City of Chanhassen and Roers
Chanhassen Bennett Apartments Owner, LLC subject to approval of stormwater plans and exhibit
approvals by the City's Water Resources Engineer and minor amendments as approved by the City
Attorney."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The city requires that developments establish stormwater maintenance and operations agreement to
ensure the long term efficacy and maintenance of stormwater facilities associated with private
development. Attached to this case are two (2) Stormwater Maintenance and Operations Agreements
(Stormwater O&M). One Stormwater O&M is between the City of Chanhassen and Roers Chanhassen
Harlow Apartments Owner, LLC and the other is between the City of Chanhassen and Roers
Chanhassen Bennett Apartments Owner, LLC. Each of the respective LLC's will own and operate one
of two buildings and associated facilities included in the Chanhassen Market Street Addition plat and
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redevelopment project.
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
Staff recommends approval of both Stormwater Maintenance and Operation Agreements as presented.
ATTACHMENTS
Stormwater Maintenance Agreement between City of Chanhassen and Roers Bennett Apartment Owners LLC
Stormwater Maintenance Agreement between City of Chanhassen and Roers Harlow Apartment Owners LLC
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234020v1
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
THIS AGREEMENT is made and entered into as of the ___ day of ____________, 202__,
by and between ROERS CHANHASSEN BENNETT APARTMENTS OWNER LLC, a
Delaware limited liability corporation, hereinafter referred to as the “Owner” and the CITY OF
CHANHASSEN,a Minnesota municipal corporation, hereinafter referred to as the “City”.
RECITALS
A.The Owner is the owner of certain real property located in Carver County,
Minnesota, legally described as follows:
Lot 1, Block 1, Chanhassen Market Street Addition, Carver County, Minnesota,
according to the recorded plat thereof
(“Property”); and
B.The Owner is proceeding to build on and develop the property, and has received
final plat approval (“Plat Approval”) for the following plat: Chanhassen Market Street Addition
(“Plat”) and site plan approval for the Property (“Site Plan”); and
C.The final plans for the Plat and Site Plan, hereinafter call the “Plans” submitted in
support of or as a condition of Plat or Site Plan Approval, which are expressly made a part hereof,
as approved or to be approved by the City, provides for conveyance and detention/retention of
stormwater within the confines of the Property; and
D.The Owner is proposing construction and implementation of stormwater
infrastructure including ________________________________ (“Stormwater Facilities”) within
the Property; and
E.The City and the Owner agree that the health, safety, and welfare of the residents
of the City of Chanhassen, Minnesota, require that on-site stormwater infrastructure and
management/BMP facilities be constructed and adequately maintained on the Property for the
Stormwater Facilities as a condition of Final Plat Approval for the Plat and Site Plan Approval;
and
F.The Owner is required to enter into this Agreement as a condition of the Site Plan
Agreement and Final Plat Approval and grant to the City a license to enter the Property to inspect
and, if necessary, complete work required under the terms of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1.Construction of Stormwater Improvements.Owner shall construct the
Stormwater Infrastructure and Facilities in accordance with the plans and specifications identified
in the Plans or pursuant to any modification of the Plans approved by the City during construction
of the Stormwater Facilities. The Owner shall submit to the City any updates with “as builts” for
36
234020v1
the Stormwater Facilities within 1 year of installation. If Plan modification substantially changes
the size, location, or operations and maintenance of the stormwater facility the owner shall provide
updated Exhibits to the City.
2.Maintenance of Stormwater Improvements.
A.The Owner shall adequately maintain the Stormwater Facilities in accordance with
the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A.
This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to
the facility, as well as all structures, improvements, and vegetation provided to control the quantity
and quality of the stormwater. Adequate maintenance is herein defined as good working condition
so that these Stormwater Facilities are performing their design functions.
B.The Owner will perform the work necessary to keep these Stormwater Facilities in
good working order as appropriate. In the event a maintenance schedule for the Stormwater
Facilities (including sediment removal) is outlined in Exhibit A, the schedule will be followed and
comply with all applicable federal, state, and local regulations relating to the disposal of material,
such as sediment.
3.Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and
submit an inspection report annually and shall be responsible for the payment of any associated
costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The
inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set
forth in Exhibit A.
4.City Access and Maintenance Rights.
A.The Ownerhereby grants a license to the City, its authorized agents and employees,
to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary
as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the
terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14)
days prior to entry. The City shall provide the Owner, copies of the inspection findings and a
directive to commence with the repairs if necessary (“Inspection Report”).
B.In the event the Owner fails to maintain the Stormwater Facilities in good working
condition acceptable to the City and such failure continues for 60 days after the City gives the
Ownerwritten notice of such failure, the City may enter upon the Property and take whatever steps
necessary, including excavation and the storage of materials and equipment, to correct deficiencies
identified in the Inspection Report. The City's notice shall specifically state which maintenance
tasks are to be performed. The City may charge the costs, including assessing the City’s costs to
the Owner’s property taxes, to the Owner. This provision shall not be construed to allow the City
to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is
expressly understood and agreed that the City is under no obligation to routinely maintain or repair
said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such
obligation on the City. In addition, Owneragrees that it is, and will be, solely responsible to address
complaints and legal claims brought by any third party with regard to the maintenance and
operation and the consequences there from the Stormwater Facilities. The Owner shall defend and
hold the City harmless from any such third-party claim, except to the extent of the City’s or its
agents’, contractors’ or employees’ negligence or willful misconduct.
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5.Reimbursement of Costs.The Owner shall reimburse the City for all costs
reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof,
including court costs and reasonable attorneys' fees.
6.Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. The Owner shall indemnify and hold harmless the City and its agents and employees
against any and all claims, demands, losses, damages, and expenses (including reasonable
attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents’ or employees’
negligent or intentional acts, or any violation of any safety law, regulation or code in the
performance of this Agreement, without regard to any inspection or review made or not made by
the City, its agents or employees or failure by the City, its agents or employees to take any other
prudent precautions, except to the extent of the City’s or its agents’, contractors’ or employees’
negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply
with any conditions of this Agreement, performs said conditions pursuant to its authority in this
Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and
representatives from any cost, damage or harm, except to the extent resulting from the City’s or
its agents’, or employees’ negligent acts in the performance of the Owner’s required work under
this Agreement. Failure to perform any of the Owner’s required work shall not be considered
negligence by the City, its employees, agents or representatives.
7.Notice.All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
To the Owner:Roers Chanhassen Bennett Apartments Owner LLC
Two Carlson Parkway North, Suite 400
c/o Roers Companies
Plymouth, MN 55446
Attn: Tom Cronin
To the City:City of Chanhassen
Attention: Water Resources Engineer
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
All notices given hereunder shall be deemed given when personally delivered or two business days
after being placed in the mail properly addressed as provided herein.
8.Successors/Covenants Run With the Property. The terms and conditions of this
Agreement shall run with the Property. All duties and obligations of Owner under this Agreement
shall be duties and obligations of Owner’s successors and assigns, jointly and severally.
9.Covenants Run with Property. The terms and conditions of this Agreement shall
run with the Property and shall be binding upon future owners of the Property.
[Remainder of page intentionally left blank.
Signature page follows.]
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OWNER:
ROERS CHANHASSEN BENNETT
APARTMENTS OWNER LLC
BY:
Tom Cronin, Authorized Signatory
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of December, 204, by
Tom Cronin, the Authorized Signatory of Roers Chanhassen Bennett Apartments Owner LLC, a
Delaware limited liability company, on behalf of the company.
__________________________________
NOTARY PUBLIC
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CITY:
CITY OF CHANHASSEN
By: ____________________________________
Elise Ryan, Mayor
By: ____________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _____ day of ___________,
202__, by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and 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
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
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EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
Stormwater Facility Operation and Maintenance Plan and Inspection Checklist
The Owner, shall be vested with and shall be responsible for conducting an annual inspection
of the stormwater facility as depicted in Exhibit B and attached hereto, utilizing the stormwater
facility maintenance inspection checklist, attached hereto, and shall make any repairs to the
stormwater facility necessary for its intended design and function, as determined by the City’s Water
Resources Engineer for the remaining life of the Stormwater Facility.
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EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
STORMWATER BMP EXHIBIT
30422169v1
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STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
THIS AGREEMENT is made and entered into as of the ___ day of ____________, 202__,
by and between ROERS CHANHASSEN HARLOW APARTMENTS OWNER, LLC, a
Delaware limited liability corporation, hereinafter referred to as the “Owner” and the CITY OF
CHANHASSEN,a Minnesota municipal corporation, hereinafter referred to as the “City”.
RECITALS
A.The Owner is the owner of certain real property located in Carver County,
Minnesota, legally described as follows:
Lot 1, Block 2, and Outlot B, Chanhassen Market Street Addition, Carver
County, Minnesota according to the recorded plat thereof
(“Property”); and
B.The Owner is proceeding to build on and develop the property, and has received
final plat approval (“Plat Approval”) for the following plat: Chanhassen Market Street Addition
(“Plat”) and Site Plan approval (“Site Plan”); and
C.The final plans for the Plat and Site Plan, hereinafter call the “Plans” submitted in
support of or as a condition of Plat Approval and Site Plan Approval, which are expressly made a
part hereof, as approved or to be approved by the City, provides for conveyance and
detention/retention of stormwater within the confines of the Property; and
D.The Owner is proposing construction and implementation of stormwater
infrastructure including _________________________________ (“Stormwater Facilities”)
within the Property; and
E.The City and the Owner agree that the health, safety, and welfare of the residents
of the City of Chanhassen, Minnesota, require that on-site stormwater infrastructure and
management/BMP facilities be constructed and adequately maintained on the Property for the
Stormwater Facilities as a condition of Final Plat Approval for the Plat and Site Plan Approval;
and
F.The Owner is required to enter into this Agreement as a condition of the Site Plan
Agreement and Final Plat Approval and grant to the City a license to enter the Property to inspect
and, if necessary, complete work required under the terms of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1.Construction of Stormwater Improvements.Owner shall construct the
Stormwater Infrastructure and Facilities in accordance with the plans and specifications identified
in the Plans or pursuant to any modification of the Plans approved by the City during construction
of the Stormwater Facilities. The Owner shall submit to the City any updates with “as builts” for
43
234019v1
the Stormwater Facilities within 1 year of installation. If Plan modification substantially changes
the size, location, or operations and maintenance of the stormwater facility the owner shall provide
updated Exhibits to the City.
2.Maintenance of Stormwater Improvements.
A.The Owner shall adequately maintain the Stormwater Facilities in accordance with
the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A.
This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to
the facility, as well as all structures, improvements, and vegetation provided to control the quantity
and quality of the stormwater. Adequate maintenance is herein defined as good working condition
so that these Stormwater Facilities are performing their design functions.
B.The Owner will perform the work necessary to keep these Stormwater Facilities in
good working order as appropriate. In the event a maintenance schedule for the Stormwater
Facilities (including sediment removal) is outlined in Exhibit A, the schedule will be followed and
comply with all applicable federal, state, and local regulations relating to the disposal of material,
such as sediment.
3.Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and
submit an inspection report annually and shall be responsible for the payment of any associated
costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The
inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set
forth in Exhibit A.
4.City Access and Maintenance Rights.
A.The Ownerhereby grants a license to the City, its authorized agents and employees,
to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary
as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the
terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14)
days prior to entry. The City shall provide the Owner, copies of the inspection findings and a
directive to commence with the repairs if necessary (“Inspection Report”).
B.In the event the Owner fails to maintain the Stormwater Facilities in good working
condition acceptable to the City and such failure continues for 60 days after the City gives the
Ownerwritten notice of such failure, the City may enter upon the Property and take whatever steps
necessary, including excavation and the storage of materials and equipment, to correct deficiencies
identified in the Inspection Report. The City's notice shall specifically state which maintenance
tasks are to be performed. The City may charge the costs, including assessing the City’s costs to
the Owner’s property taxes, to the Owner. This provision shall not be construed to allow the City
to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is
expressly understood and agreed that the City is under no obligation to routinely maintain or repair
said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such
obligation on the City. In addition, Owneragrees that it is, and will be, solely responsible to address
complaints and legal claims brought by any third party with regard to the maintenance and
operation and the consequences there from the Stormwater Facilities. The Owner shall defend and
hold the City harmless from any such third-party claim, except to the extent of the City’s or its
agents’, contractors’ or employees’ negligence or willful misconduct.
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234019v1
5.Reimbursement of Costs. The Owner shall reimburse the City for all costs
reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof,
including court costs and reasonable attorneys' fees.
6.Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. The Owner shall indemnify and hold harmless the City and its agents and employees
against any and all claims, demands, losses, damages, and expenses (including reasonable
attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents’ or employees’
negligent or intentional acts, or any violation of any safety law, regulation or code in the
performance of this Agreement, without regard to any inspection or review made or not made by
the City, its agents or employees or failure by the City, its agents or employees to take any other
prudent precautions, except to the extent of the City’s or its agents’, contractors’ or employees’
negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply
with any conditions of this Agreement, performs said conditions pursuant to its authority in this
Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and
representatives from any cost, damage or harm, except to the extent resulting from the City’s or
its agents’, or employees’ negligent acts in the performance of the Owner’s required work under
this Agreement. Failure to perform any of the Owner’s required work shall not be considered
negligence by the City, its employees, agents or representatives.
7.Notice. All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
To the Owner:Roers Harlow Apartments Owner, LLC
Two Carlson Parkway North, Suite 400
c/o Roers Companies
Plymouth, MN 55446
Attn: Tom Cronin
To the City:City of Chanhassen
Attention: Water Resources Engineer
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
All notices given hereunder shall be deemed given when personally delivered or two business days
after being placed in the mail properly addressed as provided herein.
8.Successors/Covenants Run With the Property. The terms and conditions of this
Agreement shall run with the Property. All duties and obligations of Owner under this Agreement
shall be duties and obligations of Owner’s successors and assigns, jointly and severally.
9.Covenants Run with Property. The terms and conditions of this Agreement shall
run with the Property and shall be binding upon future owners of the Property.
[Remainder of page intentionally left blank.
Signature page follows.]
45
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OWNER:
ROERS CHANHASSEN HARLOW
APARTMENTS OWNER LLC
By: ______________________________________
Tom Cronin, Its Authorized Signatory
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of December, 2024,
by Tom Cronin,the Authorized Signatory of Roers Chanhassen Harlow Apartments Owner
LLC, a Delaware limited liability company, on behalf of said entity.
Notary Public
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234019v1
CITY:
CITY OF CHANHASSEN
By: ____________________________________
Elise Ryan, Mayor
By: ____________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _____ day of ___________,
202__, by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and 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
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
47
234019v1
EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
Stormwater Facility Operation and Maintenance Plan and Inspection Checklist
The Owner, shall be vested with and shall be responsible for conducting an annual inspection
of the stormwater facility as depicted in Exhibit B and attached hereto, utilizing the stormwater
facility maintenance inspection checklist, attached hereto, and shall make any repairs to the
stormwater facility necessary for its intended design and function, as determined by the City’s Water
Resources Engineer for the remaining life of the Stormwater Facility.
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234019v1
EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
STORMWATER BMP EXHIBIT
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MORTGAGE HOLDER CONSENT
TO STORMWATER MAINTENANCE AGREEMENT
______________________________________a ____________________________,
which holds a Mortgage on all or part of the Property more particularly described in the foregoing
Stormwater Maintenance Agreement, which Mortgage is dated _________________ and recorded
__________________ as Document No. ____________ with the offices of the Carver County
Recorder/Registrar of Titles, Minnesota, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the
foregoing Stormwater Maintenance Agreement.
_______________________________________
By: ______________________________________
___________________________ [print name]
Its _________________________ [title]
STATE OF MINNESOTA )
( ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
202__ by ___________________________, the _____________________________ of
______________________________________a ____________________________, on behalf of
said entity.
_____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON,P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/ mew
50
City Council Item
December 18, 2024
Item Declare Vacancy on Commission on Aging
File No.Item No: B.5
Agenda Section CONSENT AGENDA
Prepared By Laurie Hokkanen, City Manager
Reviewed By
SUGGESTED ACTION
"The Chanhassen City Council moves to declare a vacancy on the Commission on Aging in
accordance with the City Manager's reccomendation."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
At the recommendation of the City Manager and Parks & Recreation Director, and in accordance with
City Code Sec 2-46.15 Resignations And Removal From City Committees, Commissions, And Boards,
a vacancy will be created for a term ending on March 31, 2026. The city thanks Commissioner Slivken
for her service.
BACKGROUND
DISCUSSION
BUDGET
51
RECOMMENDATION
The Chanhassen City Council is advised to declare a vacancy on the Commission on Aging.
ATTACHMENTS
52
City Council Item
December 18, 2024
Item Questions Regarding Special Meeting - Deb Lloyd
File No.Item No: D.1
Agenda Section CORRESPONDENCE DISCUSSION
Prepared By Jenny Potter, City Clerk
Reviewed By
SUGGESTED ACTION
N/A
Motion Type N/A
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
Email response to Deb Lloyd
53
From:Hokkanen, Laurie
To:Deb Lloyd; DL City Council
Cc:Maass, Eric; Howley, Charles; Potter, Jenny
Subject:Re: Agenda for City Council Special Meeting on Wednesday, December 18, 2024 at 12:00 PM CST has been
posted = ROERS LAREDO DRIVE
Date:Tuesday, December 17, 2024 2:10:11 PM
Good afternoon Deb,
Thanks for the questions! See below for responses in blue.
A copy of this email will be included in the correspondence section of the packet as part of the
formal record.
Thanks,
Laurie Hokkanen
City Manager
952-227-1119
From: Deb Lloyd
Sent: Tuesday, December 17, 2024 9:59 AM
To: Hokkanen, Laurie <lhokkanen@chanhassenmn.gov>; Ryan, Elise <eryan@chanhassenmn.gov>;
DL City Council <Council@chanhassenmn.gov>
Subject: Agenda for City Council Special Meeting on Wednesday, December 18, 2024 at 12:00 PM
CST has been posted = ROERS LAREDO DRIVE
Dear City Manager, Mayor and Council Members,
This email is sent to get a clearer vision of the intent of this special meeting and to ask for
transparency. I would like these questions to be answered before and during the special meeting
and so it is a part of the formal record.
1. Why was it necessary to call a special meeting of the council for this item, particularly when
not on a Monday and not at the normal time?
ROERS closed on the County Inn & Suites property last week and is aiming to close on their
financing this week or next. The meeting was properly noticed and will be televised and
recorded. In December, there is only one regular City Council meeting scheduled (this was
December 9) and the next meeting is not until January 13. This is a common ask from
developers when there is a long gap in meetings.
2. What is the urgency? Allows ROERS to secure financing and proceed with demolition of the
movie theatre.
3. Was this published in the Sun Sailor? Note: This meeting notice has not been published on
Facebook Chanhassen City Page at the time I am composing these questions. City Council
meeting notices are not published in the Sun Sailor or on Facebook. They are noticed on the
54
city website and bulletin board. We followed standard practice. (Public hearings are noticed
in the Sun Sailor.)
4. Is there a change for the meeting in terms of quorum required to vote? A quorum remains
three members, but we are expecting all five members to attend.
5. Did negotiations on the purchase of property for the extension Laredo Drive come to
stalemate? No- we are still actively engaged in negotiations and all parties remain interested
(this information is included in the staff report.)
6. Will the City and taxpayers burden for the extension of Laredo Drive change as a result of
this amendment? No. In more plain terms, the document in item B1 adds the entity
Chanhassen Fund Manager LLC as an entity bound to the terms of the development
contract. The city will receive the Letter of Credit required by the development contract
from Chanhassen Fund Manager LLC. We can't receive the LOC from that entity until they
are a party to the contract.
7. Does the use of the term “private” in relation to Laredo Drive change the configuration of
the roadway? Will it’s width be consistent with the existing Laredo Drive? No, it does not
change the configuration. Yes, the width will be consistent per city standards.
8. Will Laredo Drive be extended and open concurrent with the opening of any of the new
apartment buildings/ and or with the retail shops which are included in the project? As long
as the city acquires the ROW by December 31, 2025, the TIF contracts require ROERS to
construct the second half of the Laredo extension. So it remains both possible and expected
that the Laredo extension will be constructed all the way to Market Street by the time both
buildings are completed.
Please note: The reason for the questions relates to the safety issues raised during the various
city council meetings on this project.
As you recall, there are grave concerns over the volume of traffic this development will
create, also note the Aldi parking lot has a substandard lane which could also pose an
additional risk.
Proactively thanking you for your response.
Deborah Lloyd
From: City of Chanhassen, Minnesota [mailto:MNChanhassen@public.govdelivery.com]
Sent: Monday, December 16, 2024 4:18 PM
To: deblloyd@usfamily.net
Subject: Agenda for City Council Special Meeting on Wednesday, December 18, 2024 at 12:00 PM CST
has been posted
55
This email was sent to deblloyd@usfamily.net using govDelivery Communications Cloud on behalf of:
Chanhassen, MN · 7700 Market Boulevard, P.O. Box 147 · Chanhassen, MN 55317
City of Chanhassen, Minnesota
Latest Meeting Agenda Available
City Council Special Meeting
Wednesday, December 18, 2024 at 12:00 PM CST
View Agenda
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