Site Plan Agreement Recorded1333
CAMPBELL KNUTSON
August 28, 2014
Ms. SharmeenAl -Jaff RECEIVED
City of Chanhassen $EP 0 2 2014
7700 Market Boulevard
P. O. Box 147 CITY OF CHANHASSEN
Chanhassen, Minnesota 55317
Re: NHH Chanhassen Partners LLC (Great Plains Center)
Dear Shanneen:
Enclosed herewith for your file is the original recorded Site Plan Agreement
No. 2013 -23 between the City and NHH Chanhassen Partners LLC. Please note that
this Site Plan Agreement was recorded with the County Recorder on June 24, 2014,
as Abstract Document No. A 595645.
For your information, I have enclosed a copy of my letter to Steve Lenz along
with a copy of the recorded Encroachment Agreement with NHH Chanhassen
Partners LLC.
If you have any questions, please give me a call.
cjh
Enclosure
177976v1
Very truly yours,
Campbell Knutson
Pr ssional A� s�so(�ciation
By 3
Carole J. Hoeft
Legal Assistant
Document No. OFFICE OF TFiE
RDER
A595645 couNTY RECo
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on June 24, 2014 1:09 PM
Fee: $46.00
595645
IIII III IIIII VIII III
Mark Lundgren
County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2013 -23
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement ") dated November 25, 2013, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and
NATIONALHOMEBELPERS.COM INC., a Minnesota corporation d/b /a NHH Realty &
Financial (the 'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for construction of a 10,443 square -foot multi-tenant building (Chanhassen Great Plains
Center), Planning Case 2013 -23 (referred to in this Site Plan Agreement as the "Project "). The land
is legally described in 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 Site Plan Agreement 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: (A000) Cover Sheet dated Received October 4, 2013, prepared by DJR Architecture Inc.
Plan B: (A100) Floor Plan dated Received October 4, 2013, prepared by DJR Architecture Inc.
Plan C: (A200) Exterior Elevations dated Received October 4, 2013, prepared by DJR Architecture Inc.
Plan D: (A210) Exterior Perspectives dated Received October 4, 2013, prepared by DJR Architecture
Inc.
Plan E: (1 of 1) Alta Survey dated Received October 4, 2013, prepared by Kess &Associates, Inc.
Plan F: (C1.0) Removals Plan dated Received October 4, 2013, prepared by DJR Architecture Inc. and
CivilSite Group.
Plan G: (C2.0) Site Plan dated Received October 4, 2013, prepared by DJR Architecture Inc. and
CivilSite Group.
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11
Plan H: (C3,0) Grading Plan dated Received October 4, 2013, prepared by DJR Architecture Inc, and
CivilSite Group,
Plan I: (C4.0) UtilityPlan dated Received October 4, 2013, prepared by DJR Architecture Inc. and
Civt7Site Group.
Plan J: (C5.0) SWPPP dated Received October 4, 2013, prepared by DJR Architecture Inc. and
CivilSite Group,
Plan K: (C5.1) SWPPP dated Received October 4, 2013, prepared by DJR Architecture Inc. and
Civilsite Group.
Plan L: (C6.0) Details City dated Received. October 4, 2013, prepared by DJR Architecture Inc. and
CivilSiteGroup.
Plan M: (C6.1) Details City dated Received October 4, 2013, prepared byDJR Architecture Inc. and
CivilSite Group.
Plan hi: (C6.2) Details City dated Received October 4, 2013, prepared by DJR Architecture Inc. and
Civilsite Group.
Plan 0: (C7.0) Details City dated Received October 4, 2013, prepared by DJR Architecture Inc. and
Civilsite Group.
Plan P: Corner Perspective dated Received October 4, 2013; prepared by DJR Architecture Inc.
4. Time of Performance. The Developer shall install all requited screening and
landscaping by July 31, 2016. 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.
51 Security. To guarantee compliance with the terms of this Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
( "security") in the amount of $52,085. This amount has been calculated at a rate of 110% of the
actual value of improvement (landscaping, grading, erosion control, utility extension, etc.). The
City will release the security posted in accordance with the City Code.
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 registered
mail at the following address:
Mr. Adam Seraphine
NHH Realty & Financial
7455 France Ave S, #351
Edina, MN 55435
Phone: 612- 616- 5801/Email: adam @nhhproperties.com
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Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered 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. On November 25, 2013, the City Council adopted the
following motion:
"The City Council approves the site plan consisting of a 10,443 square -foot multi -tenant
building, Planning Case 2013 -23 as shown in plans dated received October 4, 2013, and
including the attached Findings of Fact and Recommendation, subject to the following conditions:
Environmental Resource Conditions:
1. The applicant shall install a total of two peninsulas in the parking lot.
2. The south side of the parking lot along Highway 5 must be screened. The applicant shall
add shrubs with a minimum mature height of three feet along the south parking lot
perimeter.
3. The applicant shall install the required bufferyard plantings along the south property line.
4. The applicant shall install two evergreens on the eastern comer of the property.
The applicant shall remove the existing ash tree along Great Plains Boulevard and replace
it with an overstory tree species from the Approved Tree List.
Building Official Conditions:
1. The proposed structure is required to have an automatic fire extinguishing system
(MIV Rule 1306).
2. All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report required.
3. Detailed building code - related requirements have not been reviewed; this will take place
when complete structural/architectural plans are submitted.
4. Demolition permit required (contact MPCA regarding underground fuel storage tanks
removal requirements). The owner and/or their representative shall meet with the
Inspections Division as soon as possible to discuss plan review and permit procedures.
Fire Marshal Conditions:
1. An additional on -site fire hydrant will be required. Location to be on the north/west
comer of the building. If necessary contact Fire Marshal for exact location.
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2. Yellow painted curbing will be required. Areas include, but are not limited to, the
curbing north of the building. Contact Fire Marshal for exact location, Also "No Parking
Fire Lane" signs will be required where yellow cubing is present.
3. A three -foot clear space must be maintained around fire hydrant.
Engineering eering Conditions:
1. The sidewalk must be minimum five feet from the edge Great Plains Boulevard and the
right turn lane.
2. A sidewalk easement is required over any portion of the sidewalk that does not lie within
public right -of -way.
3. The sidewalk easement shall extend five feet beyond the edge of the sidewalk.
4. The developer must obtain a MnDOT permit for the portions of the sidewalks that will be
within MnDOT right -of -way.
5. Prior to construction of the trash enclosure an encroachment agreement must be recorded
to allow for the portion of the trash enclosure that will lie within the sanitary sewer
easement.
6. A $7,600 security must be submitted to ensure that Great Plains Boulevard is properly
restored after the utility work. This escrow will be released if the street patch is in good
condition after one freeze -thaw cycle has passed,
7. The sanitary sewer line must be televised before and after construction to ensure that the
grading equipment does not damage the sanitary sewer.
S. Before the city signs the site plan agreement a $7,500 security must be submitted in case
of damage to the existing sanitary sewer.
9. The existing sanitary sewer manhole in the northeast comer must be reconstructed due to
the proposed grade changes in the area.
10. City water and sanitary sewer hook -up fees and the Met Council SAC fee will be due
with the building permit and will be based on additional SAC units, if any.
11. Before site grading can commence the grading plan must be revised as follows:
a. Label the existing contours.
b. Label the Emergency Overflow (EOF) elevation.
C. Ensure that the lowest opening of the building is minimum one foot above the
EOF elevation.
d. Ensure that all proposed contours tie into existing (for example, the proposed 954
contour south of the EOF does not tie in).
C. Revise the grading on the northeast comer of the site so that the proposed grades
do not exceed 3H: 1V.
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11 Storm water runoff rates must not increase under the 2 -year, 10 -year and 100 -year return
interval storms at any point where water leaves the site.
13. A Phase 1 Environmental Site Assessment must be performed on this site and made
available to the city to determine the likelihood of encountering contaminated soils at the
proposed biofiltration location.
14. The hydraulic calculations for the storm sewer shall be provided and approved prior to
the city signing the site plan agreement.
15. The SWPPP must include all required elements under the NPDES Construction
Stormwater Permit,
16. Rock construction entrance shall be measured from the bituminous saw cut.
17. The biofiltration area shall not be constructed until after the site is substantially
completed. At a minimum, the base course shall be installed prior to construction of the
biofiltration area.
18. The biofiltration area shall be protected from construction - related activities throughout
site development. The SWPPP and Erosion Prevention and Sediment Control Plan must
indicate how this will be accomplished.
19. Before the City signs the site plan agreement a $5,000 security must be submitted to
insure compliance with the erosion prevention and sediment control plan. This will be
released once a minimum of 75% of the site has been permanently stabilized and the
sediment control BMPs have been removed.
20. The owner shall be responsible for the operations and maintenance of the rain garden
facility. The applicant shall develop an operations and maintenance manual and provide
a copy to the city prior to the City signing the site plan agreement.
21. The owner shall prepare and submit an annual report indicating that the biofiltration is
functioning properly or, in the event it is not, what steps are planned to restore the
functionality of the biofiltration feature.
Planning Conditions:
1. The applicant shall work with staff to improve the screening of the parking lot through
the use of berming and landscaping. Parking setbacks will be adjusted based on the
screening plan.
2. All rooftop and ground equipment must be screened from views.
3. Sign illumination and design shall comply with ordinance. Signs shall be limited to the
north and south elevations.
4. The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained
within the same enclosure.
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A photometrics plan shall be prepared for the site. Light levels for site lighting shall be
no more than one -half foot candle at the project perimeter property line. This does not
apply to street lighting. All fixtures must be shielded.
6. The proposed development has a total hard coverage area of 67.2 %. The applicant shall
revise the plan to meet hard surface coverage ordinance requirements not to exceed 65 %.
Snow storage shall not create a hazard to the safe, efficient movement of vehicular or
pedestrian traffic."
S. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEQN-
BY:
Thomas A. Fur g, Mayor
(SEAL) _ r/ 1
AND: . � � = --_
odd Gerhardt, City Manager
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this /'E'Uhay of /i'4iA6k, 2014,
by Tom 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.
6I OTARYPUBLIC
KAREN J. ENQELHARDT
Notary public- Minnesota
My Commission Expires Jan 31, 2015
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DEVELOPER:
NationalHomeHelpers.com Inc.
d/b /a NHH Realty & Financial
BY:
Adam Seraphin
Its Chief Executive Officer
STATE OF MINNESOTA )
1_ ) ss
COUNTY OF I EVl I )
The foregoing instrument was acknowledged before me this a34day of < V ,
2014, by Adam Seraphine, the Chief .Executive Officer of NationalHomeHelpers.com Inc., a
Minnesota corporation, on behalf of said corporation, d/b /a NHH Realty &f- knancial.
PUBLIC
JOAN POSS
Nduy aubk
Minraww
FGWQWw68m80WAWM.1M5
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
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176672v1
FEE OWNER CONSENT
NHH Chanhassen Partners LLC, a Minnesota limited liability company, owner of all or part
of the subject property, the development of which is governed by the foregoing Site Plan
Agreement, affirms and consents to the provisions thereof and agrees to be bound by the provisions
as the same may apply to that portion of the subject property owned by it.
Dated this & ay of t , 2014
NHH Chanhassen Partners LL
By.
Adam Se pine, e
STATE OF MINNESOTA )
)ss .
COUNTY OF UIV14 n )
The foregoing instrument was acknowledged before me this �� day ofl I CJ
,
2014, by Adam Seraphine, Chief Manager of NHH Chanhassen Partners LLC, a Minnesota limited
liability company, on behalf of said company.
PUBLIC
t � e
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Commercial Partners Exchange Company LLC, a Minnesota limited liability company,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this a.3 day of '2014.
COMMERCIAL PARTNERS EXCHANGE
COMPANY LLC
By: -14., - ✓� d -�
Its: V igPr,,S�den�f
STATE OF MINNESOTA )
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this Q64ay of
2014, by CAI(DG L. the yt(Q e CSAW of
Commercial Partners Exchange Company LLC, a Minnesota limited liability company, on behalf of
said company.
isKRISTIN MARIE HASKELL
NOTARYPUBM • MINNESOTA.
MY COMMISSION IXPIBES 01!91/1 T
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227 -11
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NOTARY PUBLIC
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
COMMUNITY BANK CORPORATION, A Minnesota banking corporation,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this Z 3 day of , 2014. /1
ek Na 1
vCA rr, ( I[/tiuC
STATE OF MINNESOTA )
) ss
COUNTY OF (arvef )
The foregoing instrument was acknowledged before me this a3' rd
day of _ Lro e-
2014,by Nall1, Vice President of Community Bank
Corporation, a Minnesota banking corporation, on its behalf.
I ta PAMELA LYNN KRANZLER
NOTARY MJ&JC.Mk♦tilOq NOTARY PUBLIC
Ny Cwftss10n EVZ Jsn 31,4015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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EXHIBIT A
7905 GREAT PLAINS BOULEVARD
Property Descriotio
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
(NW114 OF NE-1/4) OF SECTION THIRTEEN (13), TOWNSHIP ONE HUNDRED
SIXTEEN (116), RANGE TWENTY -THREE (23), CARVER COUNTY, MINNESOTA,
DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER
(NW1 /4 OF NE1 /4); THENCE SOUTH ALONG WEST LINE OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER (NW1 /4 OF NEt/4), SEVEN HUNDRED
TWENTY -TWO AND SEVEN TENTHS (722.7) FEET TO THE ACTUAL POINT OF
BEGINNING; THENCE EAST AT RIGHT ANGLES THREE HUNDRED NINETY -SIX
(396) FEET; THENCE NORTH AT RIGHT ANGLES FORTY -FOUR AND EIGHTY -FIVE
HUNDREDTHS (44.85) FEET; THENCE NORTHEASTERLY ON A LINE PARALLEL
WITH AND ONE HUNDRED THIRTY -TWO (1.32) FEET SOUTH OF THE SOUTHERLY
RIGHT OF WAY LINE OF CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD
A DISTANCE OF ONE HUNDRED SEVENTY AND TWENTY -FIVE HUNDREDTHS
(170.25) FEET; THENCE- SOUTH PARALLEL WITH THE WEST LINE OF SAID
NORTHWEST QUARTER OF NORTHEAST QUARTER (NW1 /4 OF NE1 /4) TO THE
INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF NEW TRUNK
HIGHWAY NO. 5; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE
FOUR HUNDRED NINETY -SIX (496) FEET, MORE OF LESS, TO A POINT BEING
ONE HUNDRED (100) FEET NORTHEASTERLY FROM THE INTERSECTION OF
SAID RIGHT OF WAY LINE AND THE EASTERLY RIGHT OF WAY EXTEND OF
TRUNK HIGHWAY NO. 109; THENCE NORTHWESTERLY ALONG THE
NORTHERLY RIGHT OF WAY LINE OF NEW TRUNK HIGHWAY NO. 5 NINETY -SIX
(96) FEET, MORE OF LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE
OF TRUNK HIGHWAY NO. 101, SAID POINT BEING ONE HUNDRED (100) FEET
NORTHERLY FROM THE INTERSECTION OF NEW TRUNK HIGHWAY NO. 5 RIGHT
OF WAY LINE AND TRUNK HIGHWAY NO. 101 RIGHT OF WAY LINE EXTENDED;
THENCE WESTERLY ALONG NORTHERLY RIGHT OF WAY LINE OF THE NEW
TRUNK HIGHWAY NO. 5 ACROSS TRUNK HIGHWAY NO. 101 TO THE
INTERSECTION WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF
NORTHEAST QUARTER (NW1 /4 OF NE1 /4); THENCE NORTHERLY ALONG SAID
WEST LINE TO THE ACTUAL POINT OF BEGINNING, AND SITUATE IN CARVER
COUNTY, MINNESOTA, EXCEPT THE PLAT OF GATEWAY EAST, ACCORDING TO
THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER, CARVER COUNTY, MINNESOTA.
ABSTRACT_
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXl -MIT 1113"
GENERAL CONDITIONS
I. 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) Site Plan Agreement has been fully executed by both parties and
filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
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 H, 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 blowing materials, 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 City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months fallowing planting to secure the
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warranties. Provided the landscaping is in the condition required herein following such twelve (12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
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 attomeys' 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 plat development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
S. 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 Site Plan Agreement
is a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy 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 Site Plan Agreement.
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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 Site Plan Agreement. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in 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 Site Plan
Agreement shall be from 7:00 a.m. to 7:00 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 RePulations. In the development of the
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property s development:
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.
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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 Site Plan Agreement,
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 sball 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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