Approval Letter 10-28-20140
October 28, 2014
CITY OF
CHANIIMSEN
Mr. Randy Rauwerdink
Park & Recreation
Venture Pass Partners, LLC
7700 Market Boulevard
19620 Waterford Court
PO Box 147
Shorewood, MN 55331
Chanhassen, MN 55317
a. Surface Water Management fee: $46,377.06
Recreation Center
Re: Chanhassen Specialty Grocery / Villages on the Ponds 11th Addition
2310 Coulter Boulevard
Planning Case #2014 -29
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Dear Mr. Rauwerdink:
Building Inspections This letter is to confirm that on October 27, 2014, the Chanhassen City Council
Phone: 952.227,1180 approved the Preliminary and Final Plat for Villages on the Ponds 11 ffi Addition; Site
Fax: 952.227.1190 Plan for Chanhassen Specialty Grocery with a Variance to the sign letter size on the
Engineering
north and west building elevations subject to the modified conditions of the Planning
Phone: 952.227.1160 Commission staff report; and the Development Contract for Villages on the Ponds
Fax: 952.2271170 11th Addition. The approvals were subject to the following conditions:
Finance
Subdivision
Phone: 952.227.1140
Fax: 952.227.1110
1. The final plat shall include a 20 -foot drainage and utility easement centered over
Park & Recreation
the public utilities within Outlot A.
Phone 952.227.1120
Fax: 952.227.1110
2• The fees collected with the final plat are:
a. Surface Water Management fee: $46,377.06
Recreation Center
b. Park Dedication fee: $33,875
2310 Coulter Boulevard
c. GIS fee: $25 (plat) + ($10 /parcel x 3 parcels)_ $55
Phone: 952.227.1400
Fax: 952.227.1404
3. City water (WAC), City sewer (SAC) and Metropolitan Council sewer (Metro
Planning &
SAC) fees will be collected with the building permit and will be calculated based
Natural Resources
on the uses within the building.
Phone: 952.227.1130
Fax: 952.227.1110
4. Prior to issuance of the building permit the applicant must record a drainage and
utility easement, or other equivalent protection as agreed to by the city, over the
Public Works
901 Park Place
Ecostorm and the sand filter basin. This recorded easement mustspecifically
Phone: 952.2271300
address who is responsible to own and maintain the system and must meet the
P Y
Fax: 952.2271310
requirements spelled out in Part III.D.5.(5) of the General Permit Authorization to
Discharge Stormwater Associated with Small Municipal Separate Storm Sewer
Senior center
Systems Under the National Pollution Discharge Elimination System/State
Phone: 952.2271125
Disposal System (NPDES /SDS) Permit Program.
Fax: 952.227.1110
Wehsite
Site Plan Review with Variance
www.cithanhassen.nnn.us
Buildine:
1. The buildings are required to have automatic fire extinguishing systems.
Chanhassen is a Community for Lite - Providing forTodayand Planning for Tomorrow
Mr. Randy Rauwerdink
October 28, 2014
Page 2
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Detailed occupancy - related requirements will be addressed when complete building plans are
submitted.
4. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
En ingr eering:
The western portion of Pond Promenade shall be at least 26 feet wide to meet the City's
minimum requirement for a private street serving two -way traffic.
Fire Marshal:
"No Parking Fire Lane" signs and yellow - painted curbing will be required. Contact Fire
Marshal for specifics.
Natural Resource Specialist:
1. The applicant shall install trees in the larger landscape peninsulas located along Pond
Promenade on the north and west sides of the lot.
2. The applicant shall re- submit a corrected landscape plan to the city prior to construction.
Planning:
1. 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.
2. Install two benches east of the building on Main Street. The applicant should also consider
providing additional benches on site and along Pond Promenade. The applicant shall provide
benches similar to others used in Villages on the Ponds.
3. Change the design of the ECO mesh green wall to be slightly curved (in footprint) to help
break the monotony of the long, straight wall along the street.
4. The street/sidewalk lights along Main Street have to be preserved and operational when the
site construction is completed.
5. Additional landscaping shall be provided to the south of the building.
Mr. Randy Rauwerdink
October 28, 2014
Page 3
Water Resources:
The applicant must provide adequate evidence that there is no area on the subject property
suitable for infiltration. The discussion must include the practicality of altering the site
layout.
2. The applicant must provide volume control to the maximum extent practicable and must
provide a discussion of the feasibility of other methods of volume reduction.
3. The applicant must provide water quality modeling, acceptable under Section 19- 144(a)(1)c.
of Chanhassen City Code, showing that the water quality treatment conditions are met for the
required water quality volume from all new impervious surfaces.
4. A comprehensive, stand -alone SWPPP document with all elements required by Part III of the
NPDES construction permit and Section 19 -145 of city code shall be prepared and submitted
to the City for review and comment before any earth- disturbing activities, including but not
limited to dewatering of the pond, removal of any existing surfaces or strictures, and
removal of vegetation.
5. Any dewatering of the pond must have a dewatering plan, approved by the city, prior to
executing. This plan must assure that no sediment -laden water leaves the site and shall be
incorporated into the SWPPP.
6. The applicant must comply with the requirements of all other jurisdictional agencies with
authority over the project area.
7. The applicant will be responsible for procurement of any permission required by any other
agencies with authority over the project.
Two signed mylar copies of the final plat shall be submitted to our office for signatures. One
1 " =200' scale mylar reduction of the final plat, three 1 " =200' scale paper reductions of the final
plat and one 1 " =200' scale paper reduction of the final plat with just street names and lot and
block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in
.tif format (pdf compatible) in Carver County coordinates of the final plat shall be submitted.
Pond Promenade Ventures, LLC must execute Addendum "E" to the Villages on the Ponds
Development Contract. Note that if there is a different property owner and /or mortgage holder
on the property, they will need to sign the consent(s) at the end of the Addendum. The fees in
the amount of $80,521.40 must be paid prior to recording the final plat. The City will submit all
the necessary documents to Carver County for recording. Processing of the final plat documents
prior to recording usually takes approximately two weeks upon receipt by the city.
All current year taxes must be paid in full and any delinquent property taxes or green acres taxes
must also be paid.
Mr. Randy Rauwerdink
October 28, 2014
Page 4
Enclosed is a site plan agreement that must be executed by Pond Promenade Ventures, LLC.
Note that if there is a different property owner and/or mortgage holder on the property, they will
need to sign the consent(s) at the end of the agreement. Return the agreement to me for City
execution and recording at Carver County within 120 days of the approval (by February 25,
2015) and prior to the issuance of a building permit. The required security specified in the site
plan agreement ($40,000.00) shall be submitted in conjunction with the site plan agreement.
Once this is recorded and erosion control installed and inspected, you may begin site work. A
separate building permit application and review is required. A copy of the executed agreement
will be returned for your files.
Should you have any questions, please contact me at (952) 227 -1131 or by email at
bgenerous ncDci.chanhassen.mn.us.
Sin
Robert Generous, AICP
Senior Planner
Enclosures
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
Jerry Mohn, Building Official
Brian Schwen, Northcott Company
Mike Brandt, Sambatek
g: \plan\2014 planning cases\2014 -29 chanhassen specialty grocery\approval letter.doc
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2014 -29
CHANHASSEN SPECIALTY GROCERY
SPECIAL PROVISIONS
AGREEMENT dated October 27, 2014, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Pond Promenade Ventures, LLC, (the
"Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a Chanhassen Specialty Grocery with a Variance to the sign letter size on the north and west
building elevations, a 14,000 square -foot, one -story commercial building (referred to in this
Agreement as the "project'). The land is legally described as Lot 1, Block 1, Villages on the Ponds
I la` Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this 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 Agreement, the written terms shall control. The plans are:
Plan A: Site Plan prepared by Tushie Montgomery Architects, dated 09/05/14.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Sambatek, dated 09/05/14.
Plan C: Landscape Plan prepared by Tushie Montgomery Architects, dated 09/05/14.
Plan D: Utility Plans prepared by Sambatek, dated 09/05/14.
Plan E: Erosion Control Plan — Phase I, prepared by Sambatek, dated 09/05/14.
Plan F: Erosion Control Plan — Phase II, prepared by Sambatek, dated 09/05/14.
Plan G: Site Lighting Plan prepared by Tushie Montgomery Architects, dated 09/05/14.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 2015. The Developer may, however, request an extension of time from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security") for
$40,000.00 (storm sewer, erosion control and landscaping). 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 insure the installation of said
landscaping.
PROCEDURESFOR
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:
Mr. Randy Rauwerdink
Pond Promenade Ventures, LLC
19620 Waterford Court
Shorewood, MN 55331
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 14,000 square -foot,
one -story specialty grocery store with a variance from the Planned Unit Development sign letter
height to permit letters in excess of 30 inches on the north and west building elevations subject to
the following conditions:
Buildins:
a. The buildings are required to have automatic fire extinguishing systems.
b. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
c. Detailed occupancy - related requirements will be addressed when complete building plans
are submitted.
d. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Engineering:
a. The western portion of Pond Promenade shall be at least 26 feet wide to meet the City's
minimum requirement for a private street serving two -way traffic.
Fire Marshal:
a. "No Parking Fire Lane" signs and yellow - painted curbing will be required. Contact Fire
Marshal for specifics.
Natural Resource Specialist:
a. The applicant shall install trees in the larger landscape peninsulas located along Pond
Promenade on the north and west sides of the lot.
b. The applicant shall re- submit a corrected landscape plan to the city prior to construction.
Planning:
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. Install two benches east of the building on Main Street. The applicant should also
consider providing additional benches on site and along Pond Promenade. The applicant
shall provide benches similar to others used in Villages on the Ponds.
c. Change the design of the ECO mesh green wall to be slightly curved (in footprint) to help
break the monotony of the long, straight wall along the street.
d. The street/sidewalk lights along Main Street have to be preserved and operational when
the site construction is completed.
e. Additional landscaping shall be provided to the south of the building.
Water Resources:
a. The applicant must provide adequate evidence that there is no area on the subject property
suitable for infiltration. The discussion must include the practicality of altering the site
layout.
b. The applicant must provide volume control to the maximum extent practicable and must
provide a discussion of the feasibility of other methods of volume reduction.
c. The applicant must provide water quality modeling, acceptable under Section 19-
144(a)(1)c. of Chanhassen City Code, showing that the water quality treatment conditions
are met for the required water quality volume from all new impervious surfaces.
d. A comprehensive, stand -alone SWPPP document with all elements required by Part III of
the NPDES construction permit and Section 19 -145 of city code shall be prepared and
submitted to the City for review and comment before any earth - disturbing activities,
including but not limited to dewatering of the pond, removal of any existing surfaces or
structures, and removal of vegetation.
e. Any dewatering of the pond must have a dewatering plan, approved by the city, prior to
executing. This plan must assure that no sediment -laden water leaves the site and shall be
incorporated into the SWPPP.
f. The applicant must comply with the requirements of all other jurisdictional agencies with
authority over the project area.
g. The applicant will be responsible for procurement of any permission required by any
other agencies with authority over the project.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
0
CITY OF CHANHASSEN
I_\21
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of 2014, 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.
NOTARY PUBLIC
POND PROMENADE VENTURES, LLC
6"
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2014 by
of Pond Promenade Ventures, LLC.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
the
NOTARY PUBLIC
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "A"
GENERAL CONDITION
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.
0
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
Agreement, 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 Agreement within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all development work and construction. Bills not paid within thirty (30)
days shall accrue interest at the rate of 8% per year.
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 Agreement.
D. Breach of Contract. Breach of the terms of this Agreement 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 Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Occunan cv. 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 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
7
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 Regulation . 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.
3
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Agreement, 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_ day of 2014
C
STATE OF MINNESOTA )
( ss
COUNTY OF
The foregoing instrument was acknowledged before me this
2014, by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
[1174
day of
of
NOTARY PUBLIC
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
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 day of 2014.
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2014, by , the
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
gAp1an\2014 planning case \2014 -29 chanhass® specialty grocery\site plan agre mtdoc
10
day of
NOTARY PUBLIC
of
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ADDENDUM "E"
TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT/PUD AGREEMENT
VILLAGES ON THE PONDS IITHADDITION
AGREEMENT dated October 27, 2014, by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation ( "City"), and POND PROMENADE VENTERS, LLC, a
Minnesota limited liability company (the "Developer ").
1. BACKGROUND. The City of Chanhassen has previously entered into a
Development Contract/PUD Agreement for VILLAGES ON THE PONDS dated September 23,
1996 and recorded on December 31, 1996 as Carver County Abstract Document No. 205417, which
was amended and modified by the following:
A. Addendum "A" to Villages on the Ponds Development Contract/PUD Agreement
between the parties dated September 22, 1997 and recorded June 11, 1999 as Carver County
Abstract Document No. 251282, which Addendum approves the platting of Villages on the Ponds
Second Addition.
B. Addendum `B" to Villages on the Ponds Development Contract/PUD Agreement
between the City and Wheatstone Restaurant Group, LLC, dated May 11, 1998 and recorded
August 13, 1998 as Carver County Abstract Document No. 233012, which Addendum approves the
platting of Villages on the Ponds Third Addition.
C. Addendum "C" to Villages on the Ponds Development Contract/PUD Agreement
between the parties dated June 14, 1999 and recorded August 11, 1999 as Carver County Abstract
Document No. 255115, which Addendum approves the platting of Villages on the Ponds 4th
Addition.
D. Addendum "D" to Villages on the Ponds Development Contract/PUD Agreement
between the parties dated June 14, 1999 and recorded October 15, 1999 as Carver County Abstract
Document No. 258780, which Addendum approves the platting of Villages on the Ponds Fifth
Addition.
E. Second Amendment to Villages on the Ponds Development Contract/PUD
Agreement between the parties dated November 26, 2001 and recorded May 7, 2002 as Carver
County Abstract Document No. 315168, which Amendment is amending the development design
standards to designate building height ad incorporate a use conversion methodology.
1788010
F. Third Amendment to Villages on the Ponds Development Contract/PUD Agreement
between the parties dated April 8, 2002 and recorded January 2, 2003 as Carver County Abstract
Document No. 338091, which Amendment is amending the development design standards to
transfer additional square footages to the institutional use category.
(The foregoing are collectively referred to herein as the "Development Contract/PUD ")
The Developer is now platting VILLAGES ON THE PONDS 11TH ADDITION, which
property is legally described as attached in Exhibit A (the "Plat" or "Development ").
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development
Contract/PUD Agreement shall remain in full force and effect and shall also apply to VILLAGES
ON THE PONDS 11TH ADDITION.
3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the
Development Contract/PUD Agreement, the following conditions shall apply:
A. SECURITIES AND FEES
1. The $80,521.40 cash fee and the fully- executed development contract must
be submitted before the final plat is recorded. The cash fee was calculated as follows:
Surface Water Management Fee
Park Dedication Fee
GIS Fee ($25 plat + $10 /parcel x 3 parcels)
$46,591.40
$33,875.00
$55.00
Total Cash Fee $80,521.40
B. PARKS AND RECREATION CONDITION OF APPROVAL
1. Full park fees in lieu of additional parkland dedication and/or trail
construction shall be collected as a condition of approval for the Plat. The park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the current
commercial park fee rate of $12,500 per acre, the total park fees would be $33,875.00.
C. ENGINEERING CONDITION OF APPROVAL
The Surface Water Management connection charges are $46,377.06. This
fee was calculated as follows:
Area Rate
Total
Water Quality 2.17 ac $22,060/ac
$47,870.20
Water Quantity 2.17 ac $8,560/ac
$18,575.20
Treatment BMP Credit 1.80 ac $22,060(0.5)/ac
($19,854.00)
$46,591.40
1788010 2
2. The Developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. All digital information submitted
to the City shall be in the Carver County Coordinate system.
3. City water (WAC), City sewer (SAC) and Metropolitan Council sewer
(Metro SAC) fees will be collected with the building permit and will be calculated based on the uses
within the building.
4. The final plat shall include a 20 -foot drainage and utility easement centered
over the public utilities within Outlot A of the Plat.
5. Prior to issuance of a building permit, the Developer must record a drainage
and utility easement, or other equivalent protection as agreed to by the City over the Ecostorm and
the sand filter basin. This recorded easement must specifically identify the party who is responsible
to own and maintain the system and must meet the requirements set forth in Part III.D.5(5) of the
General Permit Authorization to Discharge Stormwater Associated with Small Municipal Separate
Storm Sewer Systems under the National Pollution Discharge Elimination System/State Disposal
System (NPDES /SDS) Permit Program.
6. Plan "B" Grading, Drainage and Erosion Control plans dated July 23, 1997,
prepared by BRW, Inc. shall be replaced with the Grading, Drainage and Erosion Control plans
dated September 5, 2014, prepared by Sambatek.
4. GENERAL CONDITIONS OF DEVELOPMENT CONTRACT. The City's
General Conditions of Development Contract are incorporated herein and are attached hereto as
Exhibit B.
1788010
CITY OF CHANHASSEN
(SEAL)
AND:
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of ,
2014, 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.
NOTARY PUBLIC
1788010
POND PROMENADE VENTURES, LLC:
Im
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2014,
by I the of Pond Promenade
Ventures, LLC, a
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -110
178801v3
corporation, on behalf of the corporation.
NOTARY PUBLIC
EXHIBIT A
Leval description of development property:
Outlot B, Villages on the Pond 4b Addition, Carver County, State of Minnesota, according to the
recorded plat thereof.
1788010
EXIBIT B
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private 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, 3) the plat has been
recorded with the County Recorder's Office or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, if
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlets are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlets, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in this Contract shall be installed in
accordance with City standards, ordinances, and plans and specifications which have been prepared
and signed by a competent registered professional engineer furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council
Environmental Services and other pertinent agencies before proceeding with construction. The City
will, at the Developer's expense, have one or more construction inspectors and a soil engineer
inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector
to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to
the City Engineer. The Developer shall instruct its project engineer /inspector to respond to
questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction
is being performed to an acceptable level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at
the City Council chambers with all parties concerned, including the City staff, to review the
program for the construction work.
1788010 7
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. 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 plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment 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 and sediment
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 and sediment transport. If the
Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport 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 the plat is in full compliance with the erosion
and sediment control requirements. Erosion and sediment control needs to be maintained until
vegetative cover has been restored, even if construction has been completed and accepted. After the
site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and
sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay
bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control
measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be famished to the City to guarantee compliance with
City Code § 7 -22.
9. 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.
10. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
11. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
1788010 8
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one -half (2%) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). In addition to any sod required as a part of the erosion and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all
disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
the certificate of occupancy issued, except that if the certificate of occupancy is issued between
October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon
expiration of the time period, inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00
inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the
financial guarantee shall be returned. If the requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for maintenance of
erosion control pursuant to City Code Section 7 -22 or to satisfy any other requirements of this
Contract or of City ordinances. These requirements supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
12. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty-five percent (25 %) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
13. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
14. Existing Assessments. Any existing assessments against the plat will be re- spread
against the plat in accordance with City standards.
15. Hook -up Charges.. The hook -up charges shall be collected at the time the
building permits are issued at the rates then in effect, unless a written request is made to assess the
178801v3 9
costs over a four year term at the rates in effect at time of application.
16. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be famished and installed by the City at the sole expense of the
Developer.
17. Responsibility for Costs.
A. The Developer shall reimburse the City for all costs incurred by the City for
providing construction and erosion and sediment control inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of the construction. Payment shall be
due in accordance with Article 17D of this Agreement.
B. 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 plat
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.
C. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
E. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ( "SAC "), City water connection charges, City sewer connection charges, and building
permit fees.
F. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
G. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system.
18. 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
1788010 10
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.
19. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre - construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements 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
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. 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.
G. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
H. Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any
of them. Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
1788010 11
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed 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. Assisnability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
K. Construction Hours. Construction hours, including pick -up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur from
7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity
allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents
and supplies to comply with these requirements and the Contractor is responsible for their failure to
do so. Under emergency conditions, this limitation may be waived by the written consent of the City
Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall
pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
L. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
M. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
N. Street Maintenance. Warning signs shall be placed by the Developer when
hazards develop in streets to prevent the public from traveling on same and directing attention to
detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface
drainage.
O. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
1788010 12
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off -site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20 %) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2 -year maintenance
period.
P. 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 platting 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.
Q. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
R. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat 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(s);
5. Metropolitan Government, its agencies, departments and commissions.
S. Proof of Title. Upon request, the Developer shall famish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
T. 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.
U. 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. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi -lot grading project,
1788010 13
a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a
building permit for the lot. On lots with fill material that have been custom graded, a satisfactory
soils report from a qualified soils engineer shall be provided before the City inspects the foundation
for a building on the lot.
V. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
W. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
1788010 14
MORTGAGE HOLDER CONSENT
TO
ADDENDUM "E"
TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT/PUD AGREEMENT
, a , which
holds a mortgage on all or part of the property more particularly described in the foregoing
Addendum, which mortgage is dated , and recorded , as
Document No. with the office of the County Recorder /Registrar for Carver
County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Addendum to
Villages on the Ponds Development Contract/PUD Agreement.
By:
Its
And
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
[print name]
[print name]
The foregoing instrument was acknowledged before me this day of
, 2014, by and ,
respectively the
11
DRAFTED BY:
Campbell Knutson, P.A.
1380 Corporate Center Curve, #317
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
(AMP)
and
Notary Public
1788010 7
_ of
on behalf of said
FEE OWNER CONSENT
TO
ADDENDUM "E"
TO VILLAGES ON THE PONDS
DEVELOPMENT CONTRACT/PUD AGREEMENT
, fee owners of all or
part of the subject property, the development of which is governed by the foregoing Addendum,
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 day of 20
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 2014, by
Notary Public
DRAFTED BY:
Campbell Knutson, P.A.
1380 Corporate Center Curve, #317
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
(AMP)
1788010 7
day of