Site Plan Agreements for Recording 7-23-19CITY OF CHANHASSEN LETTER OF TRANSMITTAL
ENGINEERING DEPARTMENT
7700 Market Boulevard DATE JOB NO.
P.O. Box 147 7/23/19 PC 2018-18
CHANHASSEN, MN 55317 ATTENTION
952) 227-1160 FAX (952) 227-1170 Jean Olson
RE:
Holasek Business Park
TO: Campbell Knutson PA
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
WE ARE SENDING YOU Attached Under separate cover via the following items:
Shop drawings Prints Plans Samples E Specifications
Copy of letter Change Order Pay Request
COPIES DATE NO. DESCRIPTION
1 12/10/18 Site Plan Agreement 2018-18A
1 12/10/18 Site Plan Agreement 2018-18B
1 12/10/18 Site Plan Agreement 2018-18C
THESE ARE TRANSMITTED as checked below:
For approval Approved as submitted Resubmit copies for approval
For your use Approved as noted Submit copies for distribution
As requested Returned for corrections Return corrected prints
For review and comment ® Recording
FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US
REMARKS Jean, per Bob Generous of this office, all security requirements have been met for the enclosed SPA's.
Please contact Bob at 952-227-1131 or bgenerous@ci.chanhassen.mn.us with any questions. Thank you.
COPY TO.
SIGNS
Jean Steckling, (952) 227-1106
If enclosures are not as noted,kindly notify us at once.
6'
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2018-18A
Holasek Business Park
SPECIAL PROVISIONS
AGREEMENT dated December 10, 2018,by and between the CITY OF CHANHASSEN,a
Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, a Minnesota
Corporation, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for an office industrial building with areas of 161,500 or up to 179,500 square feet with a mezzanine
Building A) (referred to in this Agreement as the "project"). The land located in Carver County,
Minnesota, is legally described as Lots 1, Block 1, Holasek Business Park, Carver County,
Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that
the Developer enters into this Agreement and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Agreement, the written terms shall control. The plans are:
Plan A--Site Plan prepared by Sambatek, dated 10/19/2018, revised 11/02/2018.
Plan B—Grading, Drainage and Erosion Control Plans prepared by Sambetek, dated 10/19/2018,
revised 11/02/2018.
Plan C--Landscaping Plan prepared by Sambatek, dated 10/19/2018, revised 11/02/2018.
Plan D–Erosion Control Plan prepared by Sambatek, dated 10/19/2018, revised 11/02/2018.
Plan E–Utility Plan prepared by Sambatek, dated 10/19/2018,revised 11/02/2018.
Plan F–Building Floor and Elevations Plan prepared by Edward Farr Architects, Inc., dated
10/19/2018.
1
4. Time of Performance. The Developer shall install all required screening and landscaping by
November 1, 2019. 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
335,414.00 (erosion control, landscaping and utilities). 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.
PROCEDURES FOR
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:
Mark Undestad
President
Eden Trace Corporation
8821 Sunset Trail
Chanhassen,MN. 55317
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 site plans for a total of 449,350 square
feet of buildings in three office industrial buildings with areas of 161,500 or up to 179,500
square feet with a mezzanine (Building A), 109,250 square feet (Building B) and 160,600 or up
to 178,600 square feet if Building A does not have a mezzanine (Building C) subject to the
following conditions:
Engineering
2
a. Must comply with the conditions of the Holasek Business Park conditions of approval for
the subdivision.
Environmental Resources
a. Parking lot islands and penisulas will be required to have proper planting soil as specified
in the Planting Notes.
Planning
a. The applicant shall enter into separate site plan agreements with the city for each lot and
building and provide the necessary security to guarantee grading and erosion control, site
restoration, stormwater and landscaping.
b. Pedestrian ramps shall be added at each curb at the driveway entrance to Building A and
included on the site plan sheet C3.01.
c. Community features including benches, bike racks and picnic tables shall be incorporated
in the site.
d. Due to the wetland in the southwest corner of the site, Building C on Lot 3 may need to
be shifted east or reduced in size, the drive aisle, parking and loading areas may need to
be shifted to the east and north.
Water Resources Coordinator
a. Must comply with the conditions of the Wetland Alteration Permit.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
CITY OF CHANHASSEN
BY: 1/614-i /
1/
4/p/vv,
Elise Ryan, ay
AND: tat
Todd Gerhardt, City Manager
3
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thi50 ` day of P,hrtac 20«, by
Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and p suant to the authority granted by its City
Council.
NOTARY P 1 _
1,:etN,KIM T. MEUWISSEN
1 Notary Public-Minnesota
i`y My Commission Expires Jan 31,2020
4
EDEN TRACE CORPORATION
BY:
Mark Undestad
Its President _
1.11STATEOFMINNESOTA )
LINDA C DAHL
NOTARY PUBLIC-MINNESOTA
ss. k '
COUNTY OF MY COMMISSION EXPIRES 01/31/2021
The foregoing instrument was acknowledged before me this 5 day of Fa rtc c ,
20 / by Mark Undestad, President, Eden Trace Corporation, a Minnesota Corporation.
d. add
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
952)227-1100
5
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 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, 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 site 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
6
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims made
by itself and third parties for damages sustained or costs incurred resulting from site plan
approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all 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. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building
for which a building permit is issued on either a temporary or permanent basis until the streets
needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this 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.
7
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 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. Construction activities in
conjunction with new developments and city improvement projects, including but not limited
to grading, utility installation and paving, requiring the use of heavy equipment shall be
permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and
5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public 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 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.
8
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 .3- day of /-lam -20 /qi
By
Mark Undestad
Managing Partner MSF LINDA C DAHL
r NOTARY PUBLIC-MINNESOTA
STATE OF MINNESOTA )
s MY COMMISSION EXPIRES 0113112021
ss
COUNTY OF C f R U E R. )
The foregoing instrument was acknowledged before me this day of Pe (LL C A ti
20 i ) , by Mark Undestad, Managing Partner, S & S Development, LLP, a Minnesota Limited
Liability Partnership.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O.Box 147
Chanhassen,MN 55317
952)227-1100
9
1,64- I
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
4/4S f7m9,,,cm c C/LefO T7 ardi od
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 a2`day of 20 11.
Yo411f,IPetyldeev
STATE OF MINNESOTA )
ss.
COUNTY OF LO
The foregoing instrument was acknowledged before me this- -- day of itlAly
201f1,by 344,44 A,a t°e'Ll V 0 a
O ARY PUBLIC
fit"
w .1CLYDE A KUMMER
NOTARY PUBLIC MNNESOTA
My Commission ExWreIJen.31 2024
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen,MN 55317
952)227-1100
10
EXHIBIT A
LEGAL DESCRIPTION: Lot 1, Block 1, Holasek Business Park, Carver County, Minnesota
11
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2018-18B
Holasek Business Park
SPECIAL PROVISIONS
AGREEMENT dated December 10, 2018,by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, a Minnesota
Corporation, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for an office industrial building with areas of 109,250 square feet(Building B) (referred to in this
Agreement as the "project"). The land located in Carver County, Minnesota, is legally described as
Lots 2, Block 1,Holasek Business Park, Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that
the Developer enters into this Agreement and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Agreement,the written terms shall control. The plans are:
Plan A--Site Plan prepared by Sambatek, dated 10/19/2018,revised 11/02/2018.
Plan B Grading, Drainage and Erosion Control Plans prepared by Sambetek, dated 10/19/2018,
revised 11/02/2018.
Plan C--Landscaping Plan prepared by Sambatek, dated 10/19/2018,revised 11/02/2018.
Plan D—Erosion Control Plan prepared by Sambatek, dated 10/19/2018,revised 11/02/2018.
Plan E—Utility Plan prepared by Sambatek, dated 10/19/2018,revised 11/02/2018.
Plan F—Building Floor and Elevations Plan prepared by Edward Farr Architects, Inc., dated
10/19/2018.
1
4. Time of Performance. The Developer shall install all required screening and landscaping by
July 1, 2020. 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
37,000.00 (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.
PROCEDURES FOR
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:
Mark Undestad
President
Eden Trace Corporation
8821 Sunset Trail
Chanhassen,MN. 55317
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 site plans for a total of 449,350 square
feet of buildings in three office industrial buildings with areas of 161,500 or up to 179,500
square feet with a mezzanine (Building A), 109,250 square feet(Building B) and 160,600 or up
to 178,600 square feet if Building A does not have a mezzanine (Building C) subject to the
following conditions:
Engineering
2
a. Must comply with the conditions of the Holasek Business Park conditions of approval for
the subdivision.
Environmental Resources
a. Parking lot islands and penisulas will be required to have proper planting soil as specified
in the Planting Notes.
Planning
a. The applicant shall enter into separate site plan agreements with the city for each lot and
building and provide the necessary security to guarantee grading and erosion control, site
restoration, stormwater and landscaping.
b. Pedestrian ramps shall be added at each curb at the driveway entrance to Building A and
included on the site plan sheet C3.01.
c. Community features including benches, bike racks and picnic tables shall be incorporated
in the site.
d. Due to the wetland in the southwest corner of the site, Building C on Lot 3 may need to
be shifted east or reduced in size, the drive aisle, parking and loading areas may need to
be shifted to the east and north.
Water Resources Coordinator
a. Must comply with the conditions of the Wetland Alteration Permit.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
CITY OF CHANHASSEN
BY:
Elise Ryann, Mayo
AND: fAI ,/,J c,
s1J3\':—
Gerhardt, City Manager
3
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisLday of Marl, 2011 , by
Elise Ryan, 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 PUWLI
illI
Q KIM T. MEUWISSEN
Notary Public-Minnesota
commission Expires Jan 31,202
4
EDN TRACE CORPORATION
BY:
V'/`
Mark Undestad
Its President
e LINDA C DAHLSTATEOFMINNESOTA )
q ,
NOTARY PUBLIC-MINNESOTA
COUNTY OFC-} V E r{ ) MY COMMISSION EXPIRES 01131!2021
The foregoing instrument was acknowledged before me this 5 day of Feb r&
20 (9 by Mark Undestad, President, Eden Trace Corporation, a Minnesota Corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
952)227-1100
5
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 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, 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 site 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
6
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims made
by itself and third parties for damages sustained or costs incurred resulting from site plan
approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys'fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all 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. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building
for which a building permit is issued on either a temporary or permanent basis until the streets
needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this 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.
7
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 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. Construction activities in
conjunction with new developments and city improvement projects, including but not limited
to grading, utility installation and paving, requiring the use of heavy equipment shall be
permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and
5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public 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 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.
8
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 5 day of 20 l
By
Mark Undestad
Managing Partner
STATE OF MINNESOTA LINDA C DAHLtea ,NOTARY PUBLIC-MINNESOTA •SS
COUNTY OF ogle VER ) s MY COMMISSION EXPIRES 01/31/2021
The foregoing instrument was acknowledged before me this t day of re-6r
20 1 q, by Mark Undestad, Managing Partner, S & S Development, LLP, a Minnesota Limi ed
Liability Partnership.
kade,
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
952)227-1100
9
zeTz
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
l///S/ PJiQ,vcf/q L, C46,0 JT iN/or1
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 2'we'day of 20/c.
56/4t-e-.4 P
1/'74,7 M 4-C/A, S-.wl Cer
STATE OF MINNESOTA )
ss.
COUNTY OF 6) l4 40- )
The foregoing instrument was acknowledged before me thisa)- day of Iry
201` ,by -SCarcVP 0.P W,,,,,1 (‘fri.-nt.s.1
NOTARY PUBLIC
CLYDE A KareUsMMEIan31
R
NOTAfiYCommissPUBwnLIExpC MINNESOTA
2024
My
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen,MN 55317
952)227-1100
10
EXHIBIT A
LEGAL DESCRIPTION: Lot 2, Block 1, Holasek Business Park, Carver County, Minnesota
11
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2018-18C
Holasek Business Park
SPECIAL PROVISIONS
AGREEMENT dated December 10, 2018, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, a Minnesota
Corporation, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for an office industrial building with areas of 160,600 or up to 178,600 square feet if Building A
does not have a mezzanine (Building C) (referred to in this Agreement as the "project"). The land
located in Carver County,Minnesota, is legally described as Lots 3, Block 1, Holasek Business Park,
Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that
the Developer enters into this Agreement and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Agreement,the written terms shall control. The plans are:
Plan A--Site Plan prepared by Sambatek, dated 10/19/2018, revised 11/02/2018.
Plan B Grading, Drainage and Erosion Control Plans prepared by Sambetek, dated 10/19/2018,
revised 11/02/2018.
Plan C--Landscaping Plan prepared by Sambatek, dated 10/19/2018, revised 11/02/2018.
Plan D—Erosion Control Plan prepared by Sambatek, dated 10/19/2018, revised 11/02/2018.
Plan E—Utility Plan prepared by Sambatek, dated 10/19/2018,revised 11/02/2018.
Plan F—Building Floor and Elevations Plan prepared by Edward Farr Architects, Inc., dated
10/19/2018.
1
4. Time of Performance. The Developer shall install all required screening and landscaping by
June 30, 2021. 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
24,500.00 (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.
PROCEDURES FOR
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:
Mark Undestad
President
Eden Trace Corporation
8821 Sunset Trail
Chanhassen,MN. 55317
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 site plans for a total of 449,350 square
feet of buildings in three office industrial buildings with areas of 161,500 or up to 179,500
square feet with a mezzanine (Building A), 109,250 square feet (Building B) and 160,600 or up
to 178,600 square feet if Building A does not have a mezzanine (Building C) subject to the
following conditions:
Engineering
2
a. Must comply with the conditions of the Holasek Business Park conditions of approval for
the subdivision.
Environmental Resources
a. Parking lot islands and penisulas will be required to have proper planting soil as specified
in the Planting Notes.
Planning
a. The applicant shall enter into separate site plan agreements with the city for each lot and
building and provide the necessary security to guarantee grading and erosion control, site
restoration, stormwater and landscaping.
b. Pedestrian ramps shall be added at each curb at the driveway entrance to Building A and
included on the site plan sheet C3.01.
c. Community features including benches, bike racks and picnic tables shall be incorporated
in the site.
d. Due to the wetland in the southwest corner of the site, Building C on Lot 3 may need to
be shifted east or reduced in size, the drive aisle, parking and loading areas may need to
be shifted to the east and north.
Water Resources Coordinator
a. Must comply with the conditions of the Wetland Alteration Permit.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
9. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
CITY OF CHAN IASSEN
BY: /Wiu
Elise Ryan, Ma_ r
AND: 1
odd Gerhardt,City Manager
3
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this,Q I day o' .10. _.l., 201f, by
Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, . Minnesota
municipal corporation, on behalf of the corporation and pur uant to the authority granted by its City
Council.
INZ...4-d fit"—-
NOTARY PUBLI
479*
Vc,
t!u erg KIM T. MEUWISSE
Notary Public-Minnesota
My Commission Expires Jan 31,2020
4
EDEN TRACE CORPORATION
BY: 4f, 521--
arkark Undestad
Its President
STATE OF MINNESOTA ) s LINDA C DAHL
44NOTARY PUBLIC-MINNESOTA
COUNTY OF e2 €u R ) MY COMMISSION EXPIRES 0113112021
The foregoing instrument was acknowledged before me this 5 day of Faru.a/1.
2019 by Mark Undestad, President, Eden Trace Corporation, a Minnesota Corporation. Q
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
952)227-1100
5
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 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, 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 site 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
6
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims made
by itself and third parties for damages sustained or costs incurred resulting from site plan
approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all 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. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building
for which a building permit is issued on either a temporary or permanent basis until the streets
needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this 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.
7
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 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. Construction activities in
conjunction with new developments and city improvement projects, including but not limited
to grading, utility installation and paving, requiring the use of heavy equipment shall be
permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and
5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public 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 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.
8
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 S day of r-61,—,2019
By
Mark Undestad
Man in Partner
LINDA C DAHL
STATE OF MINNESOTA
b
NOTARY PUBLIC•MINNESOTA
ss MY COMMISSION EXPIRES 0113112021
COUNTY OF CA,eV g-k_ )
The foregoing instrument was acknowledged before me this 5 day of Fe-6 f
20 I9, by Mark Undestad, Managing Partner, S & S Development, LLP, a Minnesota Lied
Liability Partnership. ad/
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
952)227-1100
9
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
C ft,-- - BA 0
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 61-11 day of Fehr-6(4)4.i , 20 19 .
µ42 rCt2 ( i-0ti(
A,
TKcoi S_ l,.J&k Mew& Ptesz-L
LINDA C DAHL
STATE OF MINNESOTA w°,'4,7_ NOTARY PUBLIC-MINNESOTA
ss.
COUNTY OF C R ) A M'COMMISSION EXPIRES 0113112021
The forgoing instrument was acknowle,dored before me this 5 day of ft-6rcc cj
20 I ,by I l 0-9 S. 1410/44 l ALse•(a xt-
Ywk_ii.A.,tOali
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
952)227-1100
10
EXHIBIT A
LEGAL DESCRIPTION: Lot 3, Block 1, Holasek Business Park, Carver County, Minnesota
11