10-11 Site Plan Permit Transmittal 12-07-2010 CITY OF CHANHASSEN LETTER OF TRANSMITTAL
PLANNING DEPARTMENT
7700 Market Boulevard DATE JOB NO.
P.O. Box 147 12/7/10 10 -11
CHANHASSEN, MN 55317 ATTENTION
(952) 227 -1100 FAX (952) 227 -1110 Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU El Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Pay Request El
COPIES DATE NO. DESCRIPTION
1 10/11/10 10 -11 Site Plan Permit 2010 -11 (Gedney Expansion)
THESE ARE TRANSMITTED as checked below:
El For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested El Returned for corrections ❑ Return corrected prints
❑ For review and comment ® For Recording
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Joel Buttenhoff, Thompson Avenue Ventures, LLC
SIGNED: !
Ki M wises (952) 227 -1107
11 enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT #2010 -11
SPECIAL PROVISIONS
AGREEMENT dated October 11, 2010, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and Thompson Avenue Ventures, LLC (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 39,000 square -foot, one -story warehouse expansion (referred to in this Permit as the
"project "). The land is legally described on the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Permit and furnishes 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 Permit, the written terms shall control. The plans are:
Plan A: Site Plan prepared by Philip D. Johnson, dated August 19, 2010.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Mattke Surveying &
Engineering, Inc., dated August 15, 2010.
Plan C: Landscaping Plan prepared by Philip D. Johnson, dated September 9, 2010.
4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 2011. 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 Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security ") for
$5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a
Certificate of Occupancy prior to the installation of site landscaping, then the developer shall
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provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation
of said landscaping and improvements.
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:
Joel Buttenhoff
Thompson Avenue Ventures, LLC
102 Jonathan Boulevard North, #200
Chaska, MN 55318
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227 - 1100.
7. Other Special Conditions. City Council approves a site plan for a 39,000 square -foot,
one -story warehouse expansion subject to the following conditions:
a. Fire Marshal:
1. The applicant shall provide information of the product commodity per 2007 Minnesota
Fire Code Section 2303 and the proposed storage height in order to determine if fire
apparatus access is required to parts of the building. If apparatus access is required but
not practical due to topography, power lines, railways or similar conditions, the fire
code will accept additional fire protection in lieu of apparatus access. Contact
Chanhassen Fire Marshal for additional information.
b. City of Chaska:
1. A Metropolitan Council SAC determination will still be required and Chaska shall be
reimbursed at a rate of $1,157 per SAC unit for providing trunk service to the
building expansion.
2
c. Building Official:
1. The entire facility must have an automatic fire extinguishing system for consideration
as an "unlimited" size building (Ref. 2006 IBC Sec. 507); if any portion of the facility
is not sprinkled, fire -wall separations may be required.
2. The plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Compliance with Minnesota Accessibility Code (MSBC 1341) is required.
4. The owner and or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
5. A demolition permit is required for building removals that take place before the
building permit for the addition is issued.
d. Environmental Resource Specialist:
1. The applicant shall increase the number of overstory trees by four. The applicant
shall submit a revised landscape plan for City review and approval prior to issuance
of a building permit.
2. The blue spruce and Redbud species shall be replaced from the City's approved list of
landscape material.
3. All ornamental trees must be at least one inch in diameter.
e. Planner:
1. Mechanical equipment shall be screened if any is installed. No wooden fences shall
be used on the roof for screening.
2. The developer shall show that 213 parking stalls can be accommodated on site.
3. The developer should investigate the use of clerestory windows around the building
expansion.
4. The expansion should investigate the use of columns to help break up the building
elevations at approximately 40 -foot intervals.
5. The addition encroaches into the electric transmission easement. Staff recommends
that the applicant verify with the utility company that the proposed addition is
acceptable.
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6. There are wooden bollards around the existing electrical tower. Any bollards
damaged or removed with construction must be replaced.
7. Prior to the development of the vacant property north of the existing building, the City
will have to undertake a feasibility study to determine the cost effectiveness of the
extension of utilities to the property.
f. Water Resource Coordinator:
1. The developer must provide rate control for an area -equal to the addition.
2. The developer must provide water quality treatment for the same area.
3. The developer must comply with any requirements for discharging to an Outstanding
Resource Value water. This can be accomplished through infiltration and discharge
through non - structural BMPs at a relatively low cost.
4. The developer will need to apply for and receive an NPDES Small Site Construction
permit in the event that one acre or more of disturbance results on the entire site.
5. The developer must provide a detailed grading and erosion control plan compliant
with City Code.
6. A drainage easement shall be recorded over the area of the parcel to be used for
surface water treatment.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
4
CITY OF CHANHASSEN
.i
■ ; ` . , J1•HN o Ire°, BY: J
1 '`. _ 0 • R IC Thomas A. Furlong, Mayor
=:.-_,..., ) ar= IN
O
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TA
''-'.,, ,+' . mmissi., x iresJan.31,'013 1 1
y r _ v AND: rLdti -_._
odd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 7 day of /th- 010, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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.
�� , ' '
NOTE PUB
e -1. KAREN J. ENGELHARDT
_}` Notary Public- Minnesota
My Commission Expires Jerr 31, 2016
THOMPSON AVENUE VENTURES, LLC
,' � /
B . ..
Its
/ .0
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this / day of / t/A ,•5 - ,
2010 by 0 A¢✓rri & ✓ s "-.6 , the Developer.
OTARY PUBLIC
DRAFTED BY:
City of Chanhassen i
7700 Market Boulevard 4 T ! ,
. JOHN D WOOD
' " ..�
P. O. Box 147 ? NO PUBLIC
-- �,'�,:ti = '` '
J'. -
Chanhassen, MN 55317 � -�,�- MINNESOTA ■
(952) 227 -1100 1 ,,,,',m1; y' l ,. My Commission Expires Jan. 31, 2013
_ _ _ _ _ • Tom-_
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EXHIBIT A
LEGAL DESCRIPTION:
Parcel 1:
That part of the Northwest Quarter of Section 3, Township 115, Range 23, Carver County,
Minnesota, described as follows: Beginning at a point in the West line of said Section 3 distant
1795.7 feet due South of the Northwest corner thereof, said point being in the Southeasterly right
of way line of the Minneapolis & St. Louis Railroad; thence running Northeasterly along said
right of way line 997.8 feet; thence running due South parallel with the West line of said Section
3, 272.18 feet to a point in the centerline of the industry spur track, said point being the actual
point of beginning of the tract of land to be described, said point also being in a curve having a
radius of 694.69 feet, the radius point of said curve being South 46 degrees 57 minutes East,
694.69 feet from said actual point of beginning; thence running Northeasterly along the
centerline of said industry spur track and along the arc of said curve to the right a distance of
89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to
said curve and along the centerline of said industry spur track 1270.56 feet to the beginning of a
curve to the left having a radius of 599.39 feet; thence running Northeasterly along the arc of said
curve to the left and along the centerline of said industry spur track, a distance of 307.21 feet to
the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve and
along the centerline of said industry spur track, 151.69 feet to the beginning of a curve to the
right having a radius of 532.18 feet; thence running Northeasterly along the arc of said curve to
the right and along the centerline of said industry spur track 142.42 feet to its intersection with
the Southeasterly right of way line of the Minneapolis & St. Louis Railroad, said point being
48.93 feet Southwesterly from the North line of said Section 3 as measured along said
Southeasterly right of way line; thence running Northeasterly along said Southeasterly right of
way line 48.93 feet to a point in the North line of said Section 3; thence running East along said
North line 146.4 feet, more or less to the Northwest corner of the parcel of land conveyed to St.
John's Evangelical Lutheran Church as recorded in Book 46 Deeds, Page 19, filed August 23,
1950; thence running South at right angles 593.85 feet; thence deflecting 53 degrees 47 minutes
to the right and running Southwesterly parallel with the Northerly right of way line of the
Chaska and Shakopee Road, 150 feet; thence deflecting 53 degrees 47 minutes to the left and
running Southerly 175 feet to a point in the Northerly right of way line of the Chaska and
Shakopee Road; thence running Southwesterly along said Northerly right of way line 1676.9 feet,
more or less, to a point in a line drawn parallel with the West line of said Section 3 from the
actual point of beginning; thence running North along said parallel line 367.62 feet, more or less,
to the actual point of beginning.
For the purpose of this description the West line of Section 3, Township 115, Range 23 is
considered to be a due North and South line.
Except that part lying West of the following described Line A:
Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet
Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0
degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and
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North Western Railroad Company right of way; thence North 51 degrees 08 minutes 10 seconds
East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be
described; thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly
228.75 feet along a tangential curve concave to the West having a radius of 510.00 feet and a
central angle of 25 degrees 41 minutes 55 seconds; thence North 88 degrees 01 minutes 42
seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non -
tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10
degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds
West; thence South 12 degrees 57 minutes 59 seconds West, tangent to last described curve,
143.07 feet; thence Southerly 330.26 feet along a tangential curve concave to the East having a
radius of 420.00 and a central angle of 45 degrees 03 minutes 13 seconds, and there terminating.
AND
Excepting therefrom the following described tract:
That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 115 North,
Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the northwest corner of the Northwest Quarter of said Section 3; thence on an
assumed bearing of South 88 degrees 52 minutes 27 seconds East along the north line of said
Northwest Quarter a distance of 2286.69 feet; thence South 01 degree 21 minutes 25 seconds
West a distance of 195.90 feet to the point of beginning of the land to be described; thence South
52 degrees 44 minutes 44 seconds West a distance of 412.15 feet; thence South 34 degrees 48
minutes 12 seconds East to the intersection with the westerly line of the parcel conveyed to
Northern States Power Company by the document recorded in Book 61 of Deeds, page 58, in the
office of the Carver County Recorder; thence northerly along said westerly line to the
northwesterly line of said conveyed parcel; thence northeasterly along said northwesterly line to
the intersection with the westerly line of the parcel conveyed to St. John's Evangelical Lutheran
Church by the document recorded in Book 46 of Deeds, page 19, in the office of the Carver
County Recorder; thence northerly along said west line to the intersection with a line bearing
North 52 degrees 44 minutes 44 seconds East from the point of beginning; thence South 52
degrees 44 minutes 44 seconds West to the point of beginning.
(Abstract Property)
Parcel 2:
That part of the Northwest Quarter of Section 3, Township 115 North, Range 23 West, Carver
County, Minnesota, described as follows:
Beginning at a point in the West line of said Section 3 distant 1795.7 feet South of the Northwest
corner thereof, said point being in the Southeasterly right -of -way line of the Chicago and
Northwestern Railroad Company; thence running Northeasterly along said right -of -way line
997.8 feet to a point (which point is the Northwest corner of the tract previously conveyed to
American Sugar Company as described in Book 44 of Deeds at Page 8 thereof), which point is
the true point of beginning of the tract conveyed; thence running South parallel with the West
7
line of said Section 3, 272.18 feet to a point (which point is the Northwest corner of the tract
previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251
thereof) in a curve having a radius of 694.69 feet, the radius point of said curve being South 46
degrees 57 minutes East 694.69 feet from said point; thence running Northeasterly along the
Northwesterly line of the tract previously conveyed to M. A. Gedney Company as described in
Book 61 of Deeds at Page 251 thereof and along the arc of said curve to the right a distance of
89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to
said curve 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet;
thence running Northeasterly along the arc of said curve to the left a distance of 307.21 feet to the
- end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve 151.69
feet to the beginning of a curve to the right having a radius of 532.18 feet; thence running
Northeasterly along the arc of said curve to the right 142.42 feet to its intersection with the
Southeasterly right -of -way line of Chicago and Northwestern Railway Company railroad, said
point being 48.93 feet Southwesterly from the North line of said Section 3 as measured along
said Southeasterly right -of -way line; thence running Southwesterly along said Southeasterly
right -of -way line of Chicago and Northwestern Railway Company railroad to the point of
beginning.
Except that part lying West of the following described Line A:
Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet
Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0
degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and
North Western Railroad Company right of way; thence North 51 degrees 08 minutes 10 seconds
East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be
described; thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly
228.75 feet along a tangential curve concave to the West having a radius of 510.00 feet and a
central angle of 25 degrees 41 minutes 55 seconds; thence North 88 degrees 01 minutes 42
seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non -
tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10
degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds
West; thence South 12 degrees 57 minutes 59 seconds West, tangent to last described curve,
143.07 feet; thence Southerly 330.2 feet along a tangential curve concave to the East having a
radius of 420.00 feet and a central angle of 45 degrees 03 minutes 13 seconds, and there
terminating.
(Abstract Property)
8
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
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: 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, and 3) the City has
issued a building permit in reliance on 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 plat 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 by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
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 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.
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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 indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
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 Permit 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.
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 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.
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 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 Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit 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 Contract. 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 Contract shall not be a waiver
or release.
H. Recording. This Permit shall run with the land and may be recorded against the title to the
property.
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I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this 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, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers 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. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, 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 1 (0 day of /00V . , 2010 4 By
9 (� C.%CC ('
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this / ' iay of /Vg✓e ri4
2010, by 'Sb tf - b ' f
TARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317 4 ElO ? 'IC 'Lief SeI1dx3 UOJSSIWWO0 '' ''' ;o;''''
(952) 227-1100 1/10S3NNIj, j
OIlBfld AIJV.ON
000M NHOt' B°
12
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
, fi e
which holds a mortgage on the subject property, pr
.l P ley- t - development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in hill force and
effect even if it forecloses on its mortgage.
Dated this , 1 8 day of /V d d E4444/ , 2010
.
- �....,� b. P ofs .
5�K •� $ �ru / i f//
STATE OF IVIINNESOTA
( ss.
COUNTY OF � )
The foregoinp instillment was acknowledged before me this ID day of NMI*
Cr
20 10 . by.
''
ERI PublicaE
Minnesota
1 c ion : 31.2012 NOTARY P1.
DRAFTED BY:
City of Chanhassen
770() Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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