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Site Plan Agreement and Limited Warranty Deed RECORDED from CKl"i„ F. N,11, CAMPBELL KNUTSON April 17, 2015 Ms. Sharmeen Al-Jaff, Senior Planner c/o City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Chanhassen Dakota Retail One, LLC Dear Ms. Al-Jaff: 14-41 Enclosed for the City's files please find the original recorded Site Plan Agreement (#A602480) and Limited Warranty Deed (#A602481) regarding the above -referenced matter. Our office just received these original documents from Commercial Partners. Very truly yours, CAMPBELL KNUTSON Professional Association Je . Olson, Lega ssi JM0 Enclosures 179371 Document No. OFFICE OF THE A 602480 COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # RA 201400009183 Certified Recorded on November 24, 2014 12:00 PM CITY OF CHANHASSEN SITE PLAN AGREEMENT 2014-11 SPECIAL PROVISIONS Fee: $46.00 Mark Lundgren County Recorder THIS AGREEMENT (the "Site Plan Agreement') dated November 21, 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Chanhassen Dakota Retail One, LLC., a Company under the laws of the State of Minnesota (the "Developer"). 1. Request for Site Plan Approval; Acknowledgement of Assignment. The Developer has asked the City to approve a site plan for construction of an 8,000 square -foot multi - tenant building (Dakota Retail), Planning Case 2014-11 (referred to in this Site Plan Agreement as the "Project"). The land is legally described in the attached Exhibit A. The originals applications and approvals for the Project were sought by and granted to Center Companies, LLC, a Minnesota limited liability company ("Center") and that Center has assigned its rights, including all approvals and permits, to the Developer. The City acknowledges and agrees to honor such assignment. 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 Agreement, the written terms shall control. The plans are: Plan A: Cover Sheet dated Received March 14, 2014, prepared by Mohagen Hansen Architectural Group. PlanB: (C 1.01) Title Sheet dated Received March 14, 2014, prepared by MFRA. PlanC: (C2.01) Existing Conditions dated Received March 14, 2014, prepared by MFRA. PlanD: (C3.01) Civil Site Plan dated Received March 14, 2014, prepared by MFRA. PlanE: (C4.01) Grading and Drainage Plan dated Received March 14, 2014, prepared by MFRA. SP -1 �'— Plan F: (C5.01) Erosion and Sediment Control —Phase I dated Received November 19, 2014, prepared by MFRA. PlanG: (C5.02) Erosion and Sediment Control —Phase II dated Received November 19, 2014, prepared by MFRA. Plan H: (C5.03) Erosion and Sediment Control Plan — Details dated Received November 19, 2014, prepared by MFRA. PlanL• (C6.01) Utility Plan dated Received November 19, 2014, prepared by MFRA. PlanJ: (L1.01) Landscaping Plan dated Received November 19, 2014, prepared by MFRA. PlanK: (L1.02) Landscape Details Plan dated Received November 19, 2014, prepared by WRA. PlanL: (A200) Floor Plan and Details dated Received November 19, 2014, prepared by Mohagen Hansen Architectural Group. Plan M: (A300) Exterior Elevations dated Received November 19, 2014, prepared by Mohagen Hansen Architectural Group. PlanN: (14-0146) ALTA/ACSM LAND TITLE SURVEY dated Received March 14, 2014, prepared by Otto Associates Engineers & Land Surveyors, Inc. PlanO: Lighting Plan dated Received March 14, 2014, prepared by PULSE. PlanP: (A300) Exterior Elevation dated Received November 19, 2014, prepared by Mohagen Hansen Architectural Group. Plan Q: (S1.01) Preliminary Plat dated Received March 14, 2014, prepared by MFRA. 4. Time of Performance. The Developer shall install all required 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. 5. 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 $49,280. 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. SP -2 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. Vincent J. Driessen Chanhassen Dakota Retail One, LLC 4999 France Avenue South, Suite 215 Minneapolis, MN 55410 Phone: (612) 313-0103/Email: vdriessen@driessengroup.com 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 April 28, 2014, the City Council adopted the following motion: "The City Council approves the site plan consisting of a 8,000 square -foot multi -tenant building, Planning Case 2014-11 as shown in plans dated received March 14, 2014, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Environmental Resource Conditions 1. The applicant shall provide a total of 25 understory trees along the north property line. 2. All trees that fall within the utility easement along the north property line shall be ornamental trees. 3. The final landscape shall be submitted to the city and include a plant schedule with listed quantities. Building Official Conditions 1. The proposed structure is required to have an automatic fire extinguishing system (MN 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). Retaining walls exceeding four feet in height require professional design, permits and approvals. SP -3 6. 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 fire hydrant will be required on the south side of the property. This location has been discussed with the Engineering Department. 2. " No Parking Fire Lane" signs may be required. The developer must contact the Fire Marshal for exact locations. Engineering Conditions 1. The final plan must include proposed signage and/or pavement markings on the north side of the building that will alert drivers to and prohibit drivers from entering the one-way traffic associated with the drive-thru. 2. The parking stalls on the east side of the site, adjacent to the drive-thru must meet the city's minimum stall width, or marked as compact parking if proposed as such. The "bump out" on the west side of the site must be minimum 26 feet face -of -curb to face -of -curb. 4. Installation of the new water and sewer services must be coordinated with city staff, including advanced notification of the partial street closure, the timing of the work to minimize traffic disruption, and on-site inspection of the utility connection. 5. A cash escrow for the street restoration must be submitted prior to recording the final plat. The escrow can be released after a minimum of one freeze -thaw cycle and once staff inspects the street restoration and deems the work is satisfactory. 6. A private hydrant must be installed on the south side of the site at a location approved by the Fire Marshal. 7. Indicate if existing private lights along the perimeter of the site are to remain or be removed. 8. The developer must provide staff with the proposed haul route for removal of the excess material from the site before grading operations begin. The haul route is subject to staff review and approval. 9. All improvements in the Xcel easement, including but not limited to grading, site utility installation and landscaping must be approved by Xcel. 10. The final plans must include a note stating that the auxiliary utility pole south of the transmission tower on the north side of the site will be relocated, or else it must be SP -4 incorporated into the plan. Any cost associated with relocating this pole shall be the developer's responsibility. 11. The developer must coordinate the proposed grading in the northeast corner of the site with the affected small utilities, as the plans show altering the grade in the vicinity of two small utility pads. 12. The grading plan must be revised so that the proposed contours tie into the existing contours. 13. The storm pond must be lined to prevent potential in-situ soil contamination. 14. The developer must submit calculations verifying that the proposed storm pond meets the city's minimum requirements. 15. Drain tile must be installed on the south side of the site. Planning Conditions All rooftop and ground equipment must be screened from views. 2. Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the north, east and south elevations. Wall and monument signage shall comply with the sign ordinance. All signs require a sign permit. 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. 4. 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. Approval of the site plan is contingent upon approval of the subdivision. 6. The applicant shall work with staff on minor plan modifications. 7. Additional architectural detailing will be required along the westerly elevation." 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit "B" and incorporated herein. SP -5 CITY OF CHANHASSEN BY: (SEAL) ►11 STATE OF MINNESOTA ) ss COUNTY OF CARVER ) A. Furlow, Mayor Gerhardt, City Manager The foregoing instrument was acknowledged before me this (y0 aay oflam► ,�A14, 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. C*)!�: TAR UBLIC W =--Y 711c;'I HAR➢TnnesotaJan 31, 2015 A^nww`MMMnns ► r DEVELOPER: Chanhassen Dakota Retail One, LLC BY: Vince J. Driessen, Pief Manager STATE OF MINNESOTA ) ss COUNTY OF e' h ) The foregoing instrument was acknowledged before me thisz�ay of 11If amu% 2014, by Vincent J. Driessen, the chief manager of Chanhassen Dakota Retail One, LLC, a limited liability company under the laws of the State of Minnesota, on behalf of the company. PAUL A. STEARNS N07ARYPUBLIC-MINNESOTA [0- NWCommissionExpiresJan.31,2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 SP -7 NOTARY PUBLIC EXHIBIT A Lot 1, Block 1, Dakota Retail, according the plat of record, Carver County, Minnesota CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) 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 E, 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 following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) GC -1 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 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 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 incurred by the City, provided the Developer is first given notice of the work in default, not less than fourteen (14) 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 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 Site Plan Agreement. GC -2 F. Occ�ancy. 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 Regulations. 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. GC -3 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 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. GC -4 1�ew P t CkA PID# ND P (D &tI , uci Document No. OFFICE OF THE COUNTY RECORDER A 602481 No delinquent taxes and transfer CARVER COUNTY, MINNESOTA entered: Certificate of Real Estate Value { ) Filed ( Not Required Receipt # RA 201400009183 CgRV # —� Certified Recorded on November 24, 2014 12:00 PM ( _, 20A�A_ Fee. $46.00 Laune DavesCarver CountyAuditor-Treasurer 60-2491 3 1 1 thMark eputy I��'�I'II�I'I�IIIII County Recorder (Top 3 inches reserved for recording data) LIMITED WARRANTY DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.2.9 (2013) eCRV number: tea{' DEED TAX DUE: $ 1.65 DATE: November , 2014 (momNdaylyear) FOR VALUABLE CONSIDERATION, Chanhassen Dakota Retail One, LLC (insert name of Grantor) a limited liability company under the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to City of Chanhassen (insert name or Grantee) a municipal corporation under the laws of Minnesota ("Grantee"), real property In Carver County, Minnesota, legally described as follows: Outlot A, Dakota Retail, according to the plat thereof Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: Check applicable box: ■ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ 1 am familiar with the property described in this instrument and I cerfify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certficate. Grantor Chanhassen Dakota Retail One, LLC (name olGmntar) t /ivul—) /, lsi"d0°e)7-6cenl J. Driesse Its: Chief Manaqer (type ofauth") Deed lD� paid on i I � ,! ate) Conservation Fee Paid Partners T itie, LLC rit St eat Laurie Davies Cr n,pr Cnuntg Auditor•Tressuror 3 Ty �) �S I S fit" '�G Page i of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.2.9 State of Minnesota, County of Hennepin This instrument was acknowledged before me on November2f , 2014 by Vincent J. Ddessen (monitway/year) (nameorawWzedstgner) a$ chief manager (type orauamaTy) as of Chanhassen Dakota Retail One, LLC (typeoraummky) (n"ofGanrM THIS INSTRUMENT WAS DRAFTED BY: (msenmwardadkess) Malkerson Gunn Martin LLP 220 South Sixth Street, Suite 1900 Minneapolis, MN 55402 '/ '��_ (sgnaae lnotaro, ONW) Title (and Rank): My commission expires: Z— (mmWdayly-d TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT T0: (assn kgal name and resdwW a Eumn adders of Grantee) City of Chanhassen p b (V a