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.
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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.
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HAR➢TnnesotaJan 31, 2015
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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
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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
(
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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
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(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