Transmittal 4-27-05
CITY OF CHANHASSEN
ENGINEERING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1160 FAX (952) 227-1170
LETTER OF TRANSMITTAL
DATE JOB NO.
4/27/05 LUR 04-15
ATTENTION
Carole Hoeft
RE:
Villa es on the Ponds 9th Add.
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
i:8J Attached D Under separate cover via the following items:
D Shop drawings
D Copy of letter
D· Prints
D Change Order
D Plans D Samples D Specifications
D Pay Request 0 _
COPIES DATE NO. DESCRIPTION .
1 12/13/04 Siqned Full Size Final Plat Mylar
1 2/25/05 Title information for property
1 12/2/04 Breakdown of City Administration Fees
1 12/13/04 Site Plan Agreement #04-40
THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
D As requested
D Approved as submitted D Resubmit copies for approval
D Approved as noted D Submit copies for distribution
D Returned for corrections D Return corrected prints
i:8J For Review & recording
D For review and comment
D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US
REMARKS Here are the items to be recorded for the Villages on the Ponds 91h Add. project. I left you a voicemail on
this project today. The developer is closing on this property tomorrow (Thursday) at 1 :30pm. The closing company is First
American Title and the closer is Jim Erickson, ph. # 612-305-2005. Please coordinate with Jim to have the plats couriered
over to him tomorrow for the closing. We haven't received the admin. fees yet. They plan to courier us a check for the
admin. fees from the closing proceeds. You should provide instructions for this in your letter when you release the plat and
site plan agreement. Please copy me on this. If you have any questions, feel free to give me a call.
Thanks.
COpy TO: Bob Generous, Senior Planner
Paul Oehme, City Engineer
SIGNED: ~fi4f_~
. Matt Saanf,'(952) 227-1164
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
VILLAGES ON THE PONDS 9TH ADD. LUR NO. 04-15
BREAKDOWN OF ADMINISTRATION FEES - 12/2/04
Based on $0 of Estimated Public Improvements
3% of Public Improvemènt Costs (up to $500,000) $
Final Plat Process (Attorney Fee for Review and Recording of $ 450.00
Plat and Development Contract)
Recording Fees
a. Plat Filing $ 30.00
Park Fees
1.35 Acres @ $7,OOO/ac $ 9,450.00
Surface Water Management Fee $ 17,820.00
GIS Fee ($25/plat and $1 O/parcel) $ 35.00
TOT AL ADMINISTRATION FEES $ 27,785
Villages 9th FEE.xls
CITY OF CHANHASSEN
SITE PLAN PERMIT #04-40
SPECIAL PROVISIONS
AGREEMENT dated December 13,2004, by and between the CITY OF CHANHASSEN, a .
Minnesota municipal corporation, (the "City"), and VOP I, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a an 18,188 square foot commercial building with a variance fÌ'om the commercial design
standards to permit less than fifty (50) percent of the fIrst floor façade that is viewed by the public
to include transparent windows and/or doors (referred to in this Permit as the "project"). The land
is legally described as Lot 1, 'Block 1, Village on the Ponds 9th Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary ITom the written
terms of this Permit, the written terms shall control. The plans are:
1
PlanA-Site Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc.
Plan B-Grading, Drainage, and Utility Plan dated .October 15, 2004, prepared John Oliver &
Associates, Inc
Plan C-Landscaping Plan dated October 15, 2004 prepared by Milo Architectural Group, Inc.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 1,2005. 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 Pennit, the Developer shall
furnish the City with a letter of credit fÌ'om a bank, or cash escrow, in the amount of $5,000.00
($2,500 - boulevard restoration and $2,500 - erosion control). If the Developer requests a
Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall
provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation
of said landscaping.
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:
Kinsale of Chanhassen, LLC
c/o Ms. Vemelle Clayton
Lotus Realty Services, Inc.
P. O. Box 235
Chanhassen, MN 55317
2
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. Approved Planning Case #04-40 as shown on the plans
dated October 15,2004 and subject to the following conditions:
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. Outlot A, Village on the Ponds 8th Addition must be replatted in to a Lot and Block
configuration prior to issuance of a building permit.
c. The sidewalk in the northeast comer of the site shall be connected to the sidewalk on
Lake Drive.
d. The developer shall install bicycle racks on site.
e. All landscape islands and peninsulas in the parking lot requiring trees must have a
minimum inside width of ten feet.
f. Two overstory trees are required in the parking lot.
g. A total of seven bicolor oaks are required along Great Plains Boulevard.
h. A revised landscape plan shall be submitted to the city prior to building permit approval.
1. The building must be protected with an automatic fire sprinkler system.
J. The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
k. An eight foot wide access aisle must be provided for one of the accessible parking
locations.
1. The building owner and or their representatives shall meet with the Inspections Division
to discuss plan review and permit procedures.
m. The City's standard detail plate for silt fence installation shall be included in the
construction plans.
3
n. Construction site access points shall be minimized to controlled access points with rock
entrance and exit pads installed and maintained throughout construction.
o. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time fÌ'ames:
Time
(maximum time an area can remain unvegetated
wh D rea is not activel beiD worked
Daily scraping and sweeping of streets shall be completed anytime construction site soil,
mud, silt or rock is tracked or washed onto paved surface or street that would allow
tracked materials or residuals of that material to enter the storm water conveyance system.
p. All plans must be signed by a registered Civil Engineer in the State of Minnesota.
q. Show the dimensions of the new parking stalls on the site plan. The new parking stalls
are required to be 9- feet wide by 18- feet long.
r. Add the latest City standard detail plate nos. 5203,5214,5215,5300,5301.
s. On the grading/utility plan:
(1) City as-builts show the size of the existing sanitary service as 6-inch dܵneter;
revise the proposed pipe size shown on the plans to comply.
(2) Show the proposed sanitary sewer service invert.
(3) Show all proposed contours.
(4) Show a minimum 75- foot rock construction entrance.
(5) Revise the size of the proposed storm sewer to be a maximum of 12-inch
diameter.
(6) Revise the plan to show the correct elevation contours and spot elevations.
t. Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
u. The applicant must show the location/elevation of an emergency overflow point for the
parking lot that is 1.5-feet lower than the proposed building elevation.
v. Storm sewer sizing calculations are required to be submitted at the time of building
perinit application. The proposed storm sewer must be sized for a 10-year storm event.
w. Sanitary sewer and water hookup charges will be applicable for the new building. The
2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for
4
watennain. The 2004 SAC charge is $1,425 per unit. All ofthese charges are based on
the number of SAC units calculated by the Met Council. These charges will be collected
at the time of building permit issuance. Sanitary sewer and watermain hookup fees may
be specially assessed against the parcel.
x. The minimum drive aisle width required for the parking lot is 26-feet. Revise the plans to
comply.
y. An NPDES permit fÌ'om the MPCA must be obtained for the site grading.
z. The northbound lanes of Great Plains Boulevard, south of Lake Drive, must be striped for
a left-through lane and a right-turn only lane along with appropriate signage.
aa. Extend the pick up area to include the area of the two handicap stalls directly adjacent to
the pick up area and relocate the handicap stalls to the south portion of the building.
bb. Fire Marshal conditions:
(1) A 10 foot clear space must be maintained around fIre hydrants, Le. street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes.
This is to ensure fire hydrants can be quickly located and safely operated by
fIrefIghters. Pursuant to Chanhassen City Ordinance #9-1.
(2) Yellow curbing and "No Parking Fire Lane" signs will be required. Contact the
Chanhassen Fire Marshal for exact location of yellow curbing and location of
signs to be installed.
(3) Submit utility plans to Fire Marshal for review and approval.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
(SEAL)
:~f2
Thomas A. Furlong, Mayor
AND::f1t!1I\ ~ -
dd Gerhardt, City Man;.ger
5
DEVELOPER:
Bf[;~ W;~,"h(!
Its ~ jJ .A--U--"
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
~ ~
The foregoing instrument was acknowledged before me this tu day of .
200£, 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.
( ss.
~~i~.~
NO YPUBLIC
I KAREN J. ENGELHARDT I
~ Notary Public-Minnesota
~~ My Commission expires Jan 31,2010
--
STATE OF MrNNESOT A )
COUNTY OF
)
~,
The foregoing instrument was acknowledged before me this .:lJ, iJ! day of
200:>by 1J~ ~
~~
. ~y PUBLIC .
-
DRAFTED BY:
City of Chanhassen
7700 Market BQulevard
Cbanhassen, MN 55317
(952) 227-1100
~'.~~
~ . ~p. KAREN J. ENGELHARDT
Notary PubJic-M/nnesota
My CommIssion f les Jan 31, 2010
6
c;ONSFNT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and CQnsent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
,200_
By
was acknowledged before me this ----.:... day of
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
7
} CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAT, CONDTTTON
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct Ïti1provements, 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.
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 property to perform all work and irtspections 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
8
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 fÌ'om the City, the City
may take such action as it deems appropriate to control erosion at the Developers 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 Developers 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· materials that have blown, fÌ'om 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 fÌ'ee at the time of planting. All trees
shall be warranted for twelve (12) monthsfÌ'om the time of planting. The Developer or his
contractor(s) shall post a letter of creditfÌ'om a bank or cash escrow with 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 damag~s sustained or costs incurred resulting
fÌ'om site plan approval and development. The Developer shall indemnify the City and its
9
officers and employees for all costs, damages, or expenses which the City may payor incur
in consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incUITed 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
incUITed under this Permit within thirty (30) days after receipt. If the bills are not paid on
time, the City may halt all plat 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 incUITed 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. r.om:tmction Trnilers. 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 PHrties. Third parties shall have no recourse against the City under this
10
Permit
D. Rre~ch of C:ontmct. Breaçh of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severahility. 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. Occnpancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building perÍnit 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. ReGording. This Permit shall run with the land and may be recorded against the title
to the property.
1. 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 fÌ'om 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,
11
power or remedy.
1. Con~trœtion Honr~. The nonnal construction hours and maintenance of equipment
under this contract shall be fÌ'om 7:00 a.m. to 9:00 p.m. on weekdays, fÌ'om 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 nonnal working hours will require City Council approval.
K. Soil Tre¡:¡tment Sy~em~. If soil treatment systems are required, the Developer shall
clearly identify in the field and protect fÌ'om alteration, unless suitable alternative sites are
first provided, the two soil treatment sites identified during the site plan pröcess for each lot.
This shall be done prior to the issuance of a Grading Pennit. 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. Compli¡:¡nce with T .::JW~, Orclin¡:¡nce~, :mcl Regul¡:¡tion~. 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
satisfaètory to the City that it has the authority of the fee owners and contract for· deed
purchasers too ehter into this Development Contract.
12
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 fÌ'om 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 neither the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which may
exist.
13
Form No. 1068-2
ALTAPlain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 1
First American Title Insurance Company
National Commercial Services
1900 Midwest Plaza West
801 Nicollet Mall
Minneapolis, MN 55402-2504
February 25, 2005
Ms. Vernelle Clayton
Lotus Realty
551 West 78th Street
Chanhassen, MN 55317
Title Officer:
Phone:
Jim Erickson
612-305-2005
Order Number:
NCS-144943-MPLS
Property:
Chanhassen, Minnesota
Attached please find the following item(s):
Commitment
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First!
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 2
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show
the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain
risks to the land title, subject to the limitations shown in the policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or
the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
This information is not part of the title insurance commitment.
TABLE OF CONTENTS
Page
Agreement to Issue Policy
3
Schedule A
1.
2.
3.
4.
Commitment Date
Policies to be Issued, Amounts and Proposed Insured
Interest in the Land and Owner
Description of the Land
4
4
4
4
Schedule B-1 - Requirements
Schedule B-2 - Exceptions
Conditions
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,
please contact the issuing office.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 3
COMMITMENT fOR TITLE INSURANCE
Issued by
First American Title Insurance Company
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions.
This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 4
Revision Information:
SCHEDULE A
1. Commitment Date: January 24, 2005 at 7:30 A.M.
2. Policy or Policies to be issued:
(A) ALTA Owner's Policy
Amount
$TO BE
DETERMINED
1992 ALTA Owner's Policy
Proposed Insured:
TO BE DETERMINED
(B) AL TA Loan Policy
$
Proposed Insured:
3. The interest in the land described in this Commitment is owned, at the Commitment Date, by:
VOP I, LLC, a Minnesota limited liability company
Fee Simple
4. The land referred to in this Commitment is described in Schedule C.
INFORMATIONAL NOTES
I
1. If there are any questions concerning this commitment, please contact Jim Erickson at 612-305-
2005 or via e-mail atjerickson@firstam.com .
2. Abstract Property, Carver County, Minnesota. No abstract of title was furnished to First
American Title.
3. Property Address:
Chanhassen, Minnesota
First American TItle Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 5
SCHEDULE B
SECTION ONE
REQUIREMENTS
The following requirements must be met:
1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
2. Pay us the premiums, fees and charges for the policy.
3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
4. Evidence satisfactory to the Company that the execution and delivery of the instruments
evidencing the estates to be insured were properly authorized.
5. The standard form of Seller's and/or Purchaser's Affidavit, satisfactory to the Company, is
required.
6. Record the plat of Villages on the Ponds Ninth Addition in the office of the Carver County
Recorder. Real estate taxes payable in the year of recording must be paid in full.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 6
SCHEDULE B
SECTION TWO
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Defects, liens, encumbrances, adverse claims or other matters, if any¡ created, first appearing in
the public records¡ or attaching subsequent to the effective date hereof but prior to the date the
proposed Insured acquires for value of record the estate or interest or mortgage thereon covered
by this Commitment.
2. Discrepancies¡ conflicts in boundary lines¡ shortages in area, encroachments, or any other fact
which a correct survey would disclose, and which are not shown by public records.
3. Any facts¡ rights¡ interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
4. Easements, claims of easement or encumbrances which are not shown by the public records.
5. Any lien¡ or right to a lien, for services, labor or material theretofore or hereafter furnished¡
imposed by law and not shown by law in the public records.
6. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
7. Real estate taxes payable in the year 2004 in the amount of $14,442.00 total; first half
paid, second half paid.
Base tax: $14,442.00.
Tax Parcel No. 25.8330040
8. Levied and pending special assessments, if any. Note: An assessment search has been ordered.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 7
9. Covenants, conditions, restrictions and obligations contained in PUD/Development Contract by
and between the City of Chanhassen and Ausmar Development Company, LLC, filed December
31, 1996, as Document No. 205417;
amended by Addendum "A" to Villages on the Ponds Development ContractjPUD Agreement
dated September 22, 1997, filed June 11, 1999, as Document No. 251282;
amended by Addendum "B" to Villages on the Ponds Development ContractjPUD Agreement
dated May 11, 1998, filed August 13, 1998, as Document No. 233012; ,
amended by Addendum "C" to Villages on the Ponds Development Contract/PUD Agreement
dated June 14, 1999, filed August 11, 1999, as Document No. 255115;
amended by Addendum "0" to Villages on the Ponds Development Contract/PUD Agreement
dated June 14, 1999, filed October 15, 1999, as Document No. 258780;
amended by First Amendment to Villages on the Ponds Development Contract/PUD Agreement
dated August 20, 2001, filed January 15, 2003, as Document No. 337542;
amended by Second Amendment to Villages on the Ponds Development Contract/PUD Agreement
dated November 26, 2001, filed May 7, 2002, as Document No. 315168;
amended by Third Amendment to Villages on the Ponds Development Contract/PUD Agreement
dated April 8, 2002, filed January 22, 2003, as Document No. 338091.
10. Covenants, conditions, restrictions, obligations and easements contained in Wetland Alteration
Permit #96-5, filed December 31, 1996, as Document No. 205418.
11. Covenants, conditions, restrictions, obligations and easements, including common area
easements, contained in Declaration for Common Interest Community No. 20, Villages on the
Ponds, filed March 24, 1997, as Document No. 208539.
12. Public ponding easement in favor of the City of Chanhassen as evidenced in Final Certificate filed
February 27, 1991, as Document No. 121904.
13. Construction and Maintenance Easement Agreement by and between Northcott Company, a
South Dakota general partnership, and Ausmar Development Company, LLC, a Minnesbta limited
liability company, dated May 2,2000, filed May 15, 2000, as Document No. 268941.
14. Terms and conditions of Drainage and Storm Sewer Easement Agreement by and between
Northcott Company, a South Dakota general partnership, Ausmar Development Company, LLC, a
Minnesota limited liability company, and Silo I, LLC, a Minnesota limited liability company, dated
May 2, 2000, filed May 15, 2000, as Document No. 268942.
15. Terms and conditions of Drainage and Storm Sewer Easement Agreement by and between Lake
Susan Apartment Homes, LLC, a Minnesota limited liability company, and Ausmar Development
Company, LLC, a Minnesota limited liability company, dated May 26, 2000, filed June 5, 2000, as
Document No. 269921.
16. Drainage and utility easements as shown on the recorded plats of Villages on the Ponds Second
Addition and Villages on the Ponds Eighth Addition.
17. Restrictive Covenant dated November 27, 2002, filed December 27, 2002, as Document No.
335598.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 8
18. Combination Mortgage, Assignment of Rents, Security Agreement and Fixture Financing
Statement executed by VOP I, LLC, a Minnesota limited liability company, dated February 20,
2004, filed February 23, 2004, as Document No. 380110, in the original principal amount of
$1,470,000.00, in favor of M&I Marshall & Ilsley Bank, a Wisconsin banking corporation.
(Also covers other land)
19. UCC Financing Statement by and between VOP I, LLC, as debtor, and M&I Marshall & IIsley Bank,
as secured party, filed February 23, 2004, as Document No. 380111.
20. Rights of tenants under unrecorded leases.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 9
Schedule C
The land referred to in this Commitment is situated in the State of Minnesota, County of Carver, and
described as follows:
Outlot B, Villages on the Ponds Eighth Addition, Carver County, Minnesota.
(To be platted as Lot 1, Block 1, Villages on the Ponds Ninth Addition)
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 10
1. DEFINITIONS
(a)IMortgage" means mortgage, deed of trust or other security instrument.
(b )lIpublic Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between the
Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One
are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liabitity will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section One
or
eliminate with our written consent any Exceptions shown in Schedule B - Section Two.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader
gUidelines that govern our use of personal information regardless of its source. First American calls these
guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.
First American Title Insurance Company
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-144943-MPLS
Page Number: 11
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that
we may collect include:
· Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
· Information about your transactions with us, our affiliated companies, or others; and
· Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of non public personal information
listed above to one or more of our affiliated companies. Such affiliated companies include financial
service providers, such as title insurers, property and casualty insurers, and trust and investment advisory
companies, or companies involved in real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to non public personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled
responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your non public personal information.
First American Title Insurance Company