Approval Letter w-AttachmentsCITTOT CIIAI{IIASSII{
chanhasen is a communityfor Life- ProvidingforToday and pranningforTomonow
December 13,2018
Mr. Mark Undestad
Eden Trace Corporation
8821 Sunset Trail
Chanhassen, MN 55317
Re: Holasek Business Park - Planning Case #2018-18
Dear Mr. Undestad:
This letter is to confirm that on December 10,2078, the Chanhassen City Council approved the
following:
A. An ordinance rezoning Holasek Business Park from Agricultural Estate District, A-2,to
Industrial Office Park, IOP;
B. Preliminary and Final Plat approval creating three lots and one outlot with access via a
private street;
C. Development Contract for Holasek Business Park;
D. Wetland Alteration Permit to fill wetlands on site; and
E. Site Plan approval for three office industrial buildings for a total of 449,350 square feet,
plans prepared by Sambatek, dated 1l-02-2018, and Edward Fan Architects, dated 10-19-
2018.
The approvals were subject to the following conditions of approval:
SUBDTVISION
Engineering
All ingress/egress locations, including the right-ir/right-out access located at the northwestern
portion of the property, and subsequent impacts of trip generation by the development, shall be
designed to Carver County standards and shall meet all of Carver County's requirements.
Any requiranents set by Carver County to improve the intersection shall be addressed by the
applicant (if necessary).
The applicant shall dedicate the 40' x 120'drainage and utility easernent at the northwest corner of
Lot I on the preliminary and final plat prior to recording.
PH 952.227 .t100 . www. ci. cha n hassen. mn. us . Fx 952.227 . tlto
77OO MARKET BOULEVARD . PO BOX 1.47 . CHANHASSEN . MINNESOTA 55317
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page2
An executed agreement between the developer and Magellan Pipeline Company allowing
construction over Magellan Pipeline Company's easement shall be provided to the city prior to the
issuance of grading permits.
The preliminary and final plat shall not include the 5' drainage and utility easements located at the
south side of Lot 2, and the north side of Lot 3, prior to acceptance and recording.
All retaining walls exceeding 4' in height shall have plans and details prepared by a registered
engineer or landscape architect prior to issuance of building permits.
At the time of building permit submittal, connection methodology to the existing stubs (sanitary
sewer and water serices), material type, and location of service valves and other appurtenances
shall be identified for review.
Prior to construction of the water and sanitary utilities within the development, all required permits
from the appropriate regulatory agencies shall be required.
An O&M plan shall be submitted for review and approval prior to the issuance of building permits.
Improvanents to the existing manhole where the effluent will be received via the lift station.
Parks
Full park fees in lieu of parkland dedication and/or trail construction shall be collected for the three
proposed lots totaling 36.39 acres as a condition of approval for Holasek Business Park. These park
fees shall be collected in full at the rate in force upon final plat submission and approval.
Planning
A 40-foot access and maintenance easernent shall be recorded over the private sheets. The private
streets shall be constructed to a nine-ton design with a minimum pavement width of 26 feet and a
maximum slope of 10 percent.
A street name for the private street at Galpin Boulevard and Lyman Boulevard shall be submitted to
the Building Official and Fire Marshall for review and approval prior to recording the final plat.
Water Resources Coordinator
Stormwater Development Charges. Estimated stormwater development fees in the amount of
5770,012.40 (36.39 acres x $21,160) shall be paid prior to recording the final plat.
Financial Assurance. To guarantee compliance with the plan and related remedial work, a cash
escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a building
permit is issued. The escrow amount shall be $7,500.00 per acre. The city may use the escrow or
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page 3
draw upon the letter of credit to reimburse the city for any labor or material costs it incurs in
securing compliance with the plan or in implementing the plan. If the city draws on the escrowed
funds, no additional building permits shall be issued until the pre-draw escrow balance has been
restored. The city shall endeavor to give notice to the owner or developer before proceeding, but
such notice shall not be required in an emergency as determined by the city. The assurance shall be
maintained until final stabilization and removal of erosion and sediment controls.
Drainage and utility easements will be required over all remaining wetlands and public stormwater
utilities. This includes the western boundary of the project as well as the southwest comer of the
parcel which should have a sufficient easement for the main drainage pipe for this area (required in
conjunction with final plat).
Private stormwater easements will be required over all private stormwater facilities using the city's
template (required in conjunction with final plat).
The Holasek Business Park construction plans show areas of grading over the main stormwater pipe
that runs north to south along the western property boundary. Construction on this pipe may be
planned for the next couple of years. Please coordinate earthwork in this area with the city and
Carver County Public Works Department.
The plans show significant grading in the south outlot. Sec. 19-145 of City Code does not allow
unbroken slopes greater than 30' and slopes steeper than 3:1 . Additionally, the proposed grading
would trigger bluff regulations Sec. 20-1401 and Sec. 20-1405. Staff recommends removing the
stockpile from the proposed plans. If the stockpile cannot be rernoved, it will need to be reduced to a
slope less than20',3:1 max. It must meet all other regulatory requirements for wetland hydrology,
erosion and sediment control, and surface water management.
Erosion and sediment control must meet the requirements of Sec. 19-145 including a dewatering
plan. Erosion and Sediment Control Practices including temporary sedimentation basins, silt fence,
the construction enkance, and ESC BMPs are shown in the legend on sheet C5.02, but not on the
plans. Indicate the location of these practices on the Erosion Control Plan sheet.
EOFs should be stabilized with TRM or similar. Include chosen stabilization measures in the
construction plans.
Ternporary Sediment Ponds. The proposed stormwater ponds will need to be utilized as temporary
sediment ponds during construction. A faircloth skimmer will need to be installed, and the outlets of
the pond will need to be sealed off for the duration of construction until the site is stabilized.
Skimming devices should be designed to rernove oils and floatable materials up to a one-year
frequency event. The skimmer should be set 12 inches below the normal surface water elevation and
should control the discharge velocity to 0.5 fos. Incorporate these notes and details into the
construction plans.
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page 4
Topsoil Management
a. Subsoil Decompaction. Please add a note about subsoil decompaction to the topsoil section
on sheet Ll.03. Subsoil must be decompacted to a depth of six inches in all pervious areas,
prior to placement of six inches of topsoil. Contractor must identifu the method used to
decompact six inches of subsoil prior to placing topsoil.
b. Topsoil Depth. Note 5 under Turf Establishment on sheet Ll.03 reads that a minimum of
four inches of topsoil is required. CCWMO Standards require that six inches of topsoil be
replaced in all disturbed pervious areas. Update this note to reflect the six-inch requirement.
c. Stockpiles. Please indicate the quantity of topsoil needed to restore six inches in all pervious
areas of the development. Show location(s) where existing topsoil is to be stockpiled on the
site.
d. Soil Hauling. Describe topsoil hauling plans, including locations and estimated quantities.
Note that if topsoil is exported or imported to the site, an additional permit may be required.
e. Vegetative Cover. Note 5 under Turf Establishment on sheet Ll.03 refers to a healthy stand
of vegetation in all disturbed pervious areas of the development. Please note that 90% of the
expected vegetative density is required.
Stormwater Management
Sec. 19-142. Plans required. All plans shall be reviewed and stamped "Approved by the City
Engineer" and all applicable permits must be obtained prior to commencing construction. For all
newly constructed stormwater facilities (ponds, retention areas, infiltration basins, storm sewer, etc.)
or existing facilities that are modified, as-built plans shall be prepared by the developer. As-built
plans shall be signed and certified by a licensed professional engineer in the State of Minnesota and
record drawings shall be provided to the city. Standard details for many typical storm structures
(e.g., storm sewer, outlet structures, catch basins, sump manholes, etc.) are available on the city's
website.
Sec. 19-144. Major facility design elements.
a. For basins intended to have permanent water levels, a minimum of four feet of standing
water (dead storage depth) and a maximum of ten feet shall be provided.
b. Separation between the inlet(s) and outlet shall be maximized to prevent short-circuiting.
c. Outlets shall be evaluated for the need to dissipate energy so as to reduce velocities to
permissible levels as allowed by the soil and vegetation. At a minimum, flared-end sections
should be provided with riprap consistent with Minnesota Department of Transportation
Mr. Mark Undestad
Holasek Business Park
December 13, 2018
Page 5
standards. For areas with high flows or where excessive erosion occurs or is anticipated,
energy dissipation per Federal Highway Administration standards shall be followed.
d. Riprap shall be provided below the channel grade and above the outfall or channel bottom
to ensure that riprap will not be undermined by scour or rendered ineffective by
displacement. Riprap consisting of natural angular stone suitably graded by weight shall be
designed for anticipated velocities. Riprap shall be placed over a suitable filter material or
filter fabric to ensure that soil particles do not move through the riprap and reduce its
stability.
BMP Details. Include the following BMP details in the construction plans:
a. BMP Cross Sections. lnclude site-specific elevations on the Bioretention Bench and
Bioretention Trench details on sheet C4.02.
b. OCS Details. lnclude Outlet Control Structure Details (attached) for the stormwater BMPs
with specific elevations for inlets, outlets, and draintile (when applicable).
c. BMP Profiles. Include profiles of the stormwater BMPs with draintile (Pond B Filtration
Bench and Filtration Trench) showing draintile slope. Please note that all draintile must
have a positive drainage slope of at least 0.5%. Include site-specific invert elevations for
assistance with field construction.
d. EOF elevations. EOF elevations should be set to at least 0.5 ft. above the HWL to allow for
construction tolerance. Include cross-sections of the EOFs in the plan set.
Impervious Acreage. The area (ac) of proposed new impervious is inconsistent between the
application (25.10), stormwater report (27.5), project narrative (25.08), plan sheet C5.03 (28.4), and
HydroCAD model (25.34). Clarit, the correct area of new impervious and update components of
the submittal to match.
Elevation-Storage Tables. lnclude the Filtration Bench bottom (should be 928.5) in the elevation-
storage table in the HydroCAD report so that the treatment volumes can be determined for the
ponds, bench, and re-use system.
Filtration Trench. The filtration trench design is not compliant in the current design.
a. Contributing Area. The filtration trench appears to receive runoff from pervious areas only.
Stormwater BMPs should capture and treat runoff from impervious ireas on the site.
b. Tree Roots. The filtration trench is proposed in an area that is wooded on the landscape plan.
Trees may be planted on the side-slopes or adjacent to the trench but are not allowed in the
trench bottom. Tree roots may impact the draintile and prevent proper drainage.
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page 6
c. Model and Plan Details. The filtration trench is not included in the HydroCAD model and the
construction plans do not show details (bottom, NWL, HWL, OCS, EOF) for this BMP.
Please include the details listed in Comment #2 above and include information for this
practice in the construction plans and HydroCAD model.
Operation & Maintenance Plan (O&M). Provide a draft O&M plan outlining the responsibilities for
inspecting and maintaining the stormwater BMPs on site. The O&M plan must be signed by all
responsible parties.
a. Reuse Maintenance Plan. Provide a draft Reuse Maintenance Plan as part of the overall
O&M plan. Please include all details outlined in the corresponding section on the Stormwater
Reuse Design Guidance document.
Reuse Plan Sheet. Please add the following information to the stormwater reuse plan:
a. Location of the following reuse system components: irrigation lines, irrigation zones,
sprinkler heads, pumps, intakes from ponds, and usage meters. If applicable, include the
locations of the potable connection, backflow prevention devices, filters, and debris
collection sumps.
b. Narrative describing operation of the systems. If the irrigated areas will be actively used
during daytime hours, the irrigation needs to be scheduled for times when the areas will not
be in use.
c. Location of access for reuse system maintenance.
d. Drawdown elevations of the reuse ponds.
e. Volume reduction and/or water quality calculations.
f. Other information relevant to the reuse systems.
SWppP. A copy of the SWPPP including soils/infiltration data within the perimeter of all
infiltratiorVfiltration devices is required prior to review for final plat. The SWPPP must also meet all
requirements of City Code 19-145.
Basin. There is a bioretention basin south of Lyman Boulevard in the road construction plans. Please
show this basin on the construction plans for Holasek Business Park and demonstrate that the road
project plans don't interfere with this project.
Chloride Managernent Plan. A chloride management plan is required.
Applicant will need to respond to the comments received by Twin Cities & Western (Wednesday,
October 24,2018 6:39 AM):
Mr. Mark Undestad
Holasek Business Park
December 13,2018
PageT
"In response to this proposal Twin Cities & Western ffirs thefollowing comment:
Twin Cities & Western has concerns of stormwater and general runoffimpacts with this land
being developed making it non-pervious. Wat will happen to the stormwater runoffand will the
increased runoffadversely impact the railroad roadbed? "
SITE PLAN
Engineering
Must comply with the conditions of the Holasek Business Park conditions of approval for the
subdivision.
Environmental Resources
Additional tree species will need to be added rather than increasing quantities of existing selection.
Parking lot islands and peninsulas will be required to have proper planting soil as specified in the
Planting Notes.
Planning
The applicant shall enter into separate site plan agreanents with the city for each lot and building
and provide the necessary security to guarantee grading and erosion control, site restoration,
stormwater and landscaping.
Pedestrian ramps shall be added at each curb at the driveway entrance to Building A and be included
on the site plan sheet C3.01.
Community features including benches, bike racks and picnic tables shall be incorporated in the site.
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
Must comply with the conditions of the Wetland Alteration Permit.
WETLAAID ALTERATION PERMIT
a. Sec. 20-409. Decisions under this article must not be made until after receiving the
determination of the technical evaluation panel regarding wetland public values, location, size,
b.
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page 8
i.
andlor type if the city council, the landowner, or a member of the technical evaluation panel
asks for such determinations.
Any projects seeking a wetland alteration permit subject to this article will also be required to
submit the following incomplete requirements: Existing and proposed drainage areas to
wetlands; Buffer strip plan meeting the criteria of subsections 20-411(c) and (d).
Sec. 20-416. Mitigation. Wetland mitigation shall be undertaken on-site. If this is not feasible,
then mitigation may occur locally within the subwatershed. If this is not possible, then
mitigation may occur outside the subwatershed, elsewhere in the city. If mitigation cannot be
accomplished on-site, or if the city deems it necessary to perform mitigation off-site, then the
applicant shall be responsible for providing off-site mitigation within the major subwatershed,
as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from
the state wetland bank. Staffbelieves mitigation can occur on site by expanding the wetlands in
the south outlot.
Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as
prescribed by this Code.
If a wetland alteration permit is issued allowing wetland alteration, the following standards shall
be followed: (1) The alteration will not have a net adverse effect on the ecological and
hydrological characteristics of remaining wetland; (2) It shall be located as to minimize the
impact on vegetation; (3) It shall not adversely change water flow; (4) The size of the altered
area shall be limited to the minimum required for the proposed action; (5) The disposal of any
excess material is prohibited within rernaining wetland areas; (6) The disposal of any excess
material shall include proper erosion control and nutrient retention measures; (7) Alterations to
any wetland area are prohibited during waterfowl breeding season or fish spawning season,
unless it is determined by the city that the wetland is not used for waterfowl breeding or fish
spawning; (8) Alterations to wetland areas shall be mitigated in accordance with the
requirements of this article if the activity results in a loss of wetland area and/or function and
value of the wetland.
The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a
portion of the wetland remains, unless exempted under Sec.20-417. Please show how
hydrologic patterns will not be altered for the remaining wetlands.
Sec. 20-405. Wetland delineation. An electronic copy of the delineated wetland boundaries
must be submitted in a format compatible with the city's GIS database.
A grading permit cannot be issued until the applicant has completed the WCA process.
Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the
wetlands on-site. Please indicate wetland buffer widths and locations where signage will be
placed on a plan sheet. Please find additional information on signage placement in the guidance
d.
ob.
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page 9
document attached. The WMO provides signs and sign posts for the cost of materials.
Alternative signs (by the city or applicant) are also acceptable provided they contain similar
information.
j. Sec. 19-146. Wetland elements.
1) Water level fluctuations (peak elevation and duration) for wetlands shall be limited to two
feet and duration not to exceed 48 hours so as to prevent the destruction of wildlife habitat
and wetland vegetation.
2) Sedimentation basins or sediment removal devices shall be provided prior to discharge into
wetlands.
3) Variable bottom contours should be considered to provide deeper holes and flat shallow
benches. This feature will provide habitat for diversity of plants and wetland inhabitants for
wetland mitigation sites and stormwater basins.
Please note that the Wetland Conservation Act process requirements must be completed and all
outside approvals provided prior to beginning any site improvements.
Two signed mylar copies of the final plat shall be submitted to our office for signatures. One
1":200' scale mylar reduction of the final plat, tbree l":200' scale paper reductions of the final plat
and one 1":200' scale paper reduction of the final plat with just street names and lot and block
numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif
format (pdf compatible) in Carver County coordinates of the final plat shall be submitted.
Electronic copies of the drainage model shall be provided.
A $1r243r322.23letter of credit or escrow for the developer-installed improvements, the
$112251402.40 cash administration fee and the fully-executed development contract (Developer
Installed Improvements) must be submitted and shall be submitted prior recording the plat and
scheduling a pre-construction meeting. Please note that if you will not be recording the plat before
the end of the year, we will need to revise the development contract to include the newly elected
mayor
All current year taxes must be paid in full and any delinquent property taxes or green acres tax at the
time of recording any documents.
Once everything is submitted, please contact Project Engineer Erik Henricksen at 952-227-1165 or
by ernail at ehenricksen@ci.chanhassen.mn.us to coordinate the preconstruction meeting.
I have also included development contracts for each of the lots. Please review the developer and
owner information and provide me notice of any revisions. Like the development contract if these
documents are to be executed and recorded after the first of the year (2019), the document will need
Mr. Mark Undestad
Holasek Business Park
December 13,2018
Page 10
to be revised to include the newly elected mayor. The site plan agreement for each lot must be
executed and recorded prior to issuance of a building permit'
The building is required to have an automatic fire-extinguishing system. Building plans must be
prepared and signed by design professionals licensed in the State of Minnesota (if applicable).
Retaining walls over four feet high must be designed by a professional engineer and a permit must
be obtained prior to construction. Detailed occupancy and accessibility-related requirernents will be
addressed when complete building plans are submitted. The owner and/or their representative shall
meet with the Inspections Division as soon as possible to discuss plan review and permit procedures.
The building will be subject to the State Building Code in effect on the date of permit application
(2015 MN Building Code).
Should you have any questions, please contact me at (952) 227-1131 or by email at
b senerous@ci. chanhassen.fitn. us.
Robert Generous, AICP
Senior Planner
Enclosures
ec: Kate Aanenson, Community Development Director
Erik Henricksen, Project Engineer
Todd Gerhardt, City Manager
Todd Hof&nan, Parks & Recreation Director
Vanessa Strong, Water Resources Coordinator
Paul Oehme, Director of Public Works/City Engineer
Jill Sinclair, Environmental Resource Specialist
Eric Tessman, Building Official
g:\planV018 planning cases\I8-18 holasek business park\approval letter.docx
ryk
CITY OF CHANHASSEN
CARVER AND HENNEPIN COT]NTIES, MINNESOTA
HOLASEK BUSINESS PARI(
DEYELOPMENT CONTRACT
@eveloper Installed Improvements)
1.
2.
J.
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
REQUEST FOR PLAT APPROVAL............... ..-....sP-l
CONDITIONS OF PLAT APPROVAL............... ...SP-l
DEVELOPMENT PLANS ..SP-l
TMPRoVEMENTS ..............sP-2
TIME OF PERIORMANCE .................sP-2
SECURITY """"sP-2
NOTrCE... ..........SP-3
OTHER SPECIAL CONDITIONS............ ..............sP-3
GENERAL CONDITIONS ............ .......SP-5
4.
5.
6.
7.
8.
9.
GENERAL CONDITIONS
1.
2.
4.
5.
6.
7.
8.
9.
10.
11.
t2.
13.
14.
15.
16.
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22.
RIGHT To PROCEED............ """"""'GC-l
PHASED DEVELOPMENT ................GC-1
PRELIMINARY PLAT STATUS ........GC-l
CHANGES IN OFFICIAL CONTROLS ...............GC-1
IMPROVEMENTS """"""'GC-l
rRoN MONUMENTS............. .....-....-..GC-2
LTCENSE ..........GC-2
SITE EROSION AND SEDIMENT CONTROL............ .....,...GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHER BUILDING .................GC-2
CLEAN Up............ .............GC-3
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS.... ..............GC-3
CLATMS ...........GC-3
pARK DEDrCATION.......... ................GC-3
LANDSCAPING """"""""GC-3WARRANTY............ """"'GC-4
Lor PLANS............... """"GC-4
EXISTING ASSESSMENTS ...............GC-4
HooK-uP CHARGES """'GC-4
PUBLIC STREET LIGHTING .............GC.4
STGNAGE .........GC-5
HousE PADS "GC-5
RESPONSIBILITY FOR COSTS ............... ...........GC-5
DEVELOPER'S DEFAULT......... ........GC.6
MISCELLANEOUS
A. Construction Trailers ................GC-6
B. Postal Service...... ....GC-7
C. Third Parties....... .....GC-7
D. Breach of Contract ..GC-7
E. Severability ............... ................GC-7
1
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Building Permits .....GC-7Waivers/Amendments.. .............GC-7Release ..GC-7Insurance .................GC-7Remedies.. ...............GC-8Assignability............. ................GC-8
Construction Hours .GC-8
Noise Amplification.............. ....GC-8Access ...GC-8
Street Maintenance.............. ......GC-8
Storm Sewer Maintenance.............. ............GC-9
Soil Treatment Systems............... ...............GC-9Variances.. ...............GC-9
Compliance with Laws, Ordinances, and Regulations .GC-9
Proof of Tit1e.............. ...............GC-9
Soil Conditions.......... ..............GC-10
Soil Correction............ ............GC-10
Haul Routes..........GC-10
Development Signs......... .........GC-10
Construction Plans
As-Built Lot Surveys ...............GC-11
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
HOLASEK BUSINESS PARK
SPECIAL PROVISIONS
AGREEMENT dated December l.0th, 2018 by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation (the "City"), and, Eden Trace Corporatoin, a MN corporation (the
"Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
HOLASEK BUSINESS PARK (refened to in this Contract as the "platu). The land is legally
described on the attached Exhibit "Au.
2, Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contrac! fumish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any
work in the plat. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved December 101h,2018, prepared by Sambatek, Inc.
Plan B: Grading, Drainage and Erosion Control Plan dated November 2fr,z}l8,prepared by
Sambatek,Inc.
Plan C: Plans and Specifications for Improvements dated November 2"d,2018, prepared by
Sambatek, [nc.
Plan D: Landscape Plan dated Novernber 2"d,z}l8,prepared by Sambatek, Inc.
SP-1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer Systan
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g.gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
November 15,2079. The Developer may, however, request an extension of time from the City
Engineer. 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.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvemorts, the Developer shall furnish the City with a letter of credit in the form attached hereto,
from abank acceptable to the City, or cash essrow ("security") for $112431322.23. The amount of the
security was calculated as 110% of the following:
Site Grading/Erosion Control,/Restoration
Storm Sewer, Drainage System, including cleaning and maintenance
Sub-total, Construction Costs
Engineering, surveying, and inspection (7o/o of c,onstruction costs)
Landscapin g (2% of construction costs)
Sub-total, Other Costs
TOTAL COST OF PTIBLIC IMPROVEMENTS
$346,390.00
$690,576.00
$1,036,966.00
$72,587.62
$20,739.32
$93326.94
$1,130,292.94
SECURITY AMOIINT (110% of $1,243,322.23
This breakdown is for historical reference; it is not a restriction on the use ofthe security. The security
shall be subject to the approval of the City. The City may draw down the security, without notice, for
any violation of the terms of this Contract. If the required public improvements are not completed at
least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
may be reduced from time to time as financial obligations are paid, but in no case shall the security
SP-2
be reduced to a point less than l0o/o of the original amount until (1) all improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
Citfsatisfied,'1+; tt . required "record" plans have been received by the City, (5) a waranty security
is provided, and (6) the public improvements are accepted by the city.
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developa, its employees or agents, or mailed to the Developer by registered mail at
the following address:
Mark Undestad
EDEN TRACE CORPORATION
8821 Sunset Trail
Chanhassen, MN 55317
Phone: 612-803-6970
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the Cityty 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.
8. Other Special Conditions.
A. SECURITIES AND FEES
1. A$1,243,322.23letter of credit or escrow for the developer-installed improvements, the
$1,225,402.40 cash administration fee and the fully-executed development confract must
be submiued and shall be submitted prior to scheduling a pre-construction meeting. The
cash fee was calculated as follows:
46srnsy Fee for Review and Recording of Final Plat and Documents $450.00
GIS Fee: $25lplat + $lO/parcel for 4 parcels $6s.00
Surface Water Management Fee s770.012.40
Park Dedication Fee $454,875.00
TOTAL CASHFEE $1,225,402.40
Stormwater LOC must be reviewed and adjusted as necessary once final stormwater management
plans and improvanents have been approved. This includes any comments from Carver County
iegarding their desire for a regional storm sewer improvement in the area, which may potentially
reduce surface water managernent fees.
B. The developer agrees to implement the recommendations listed in the Planning Commission
staff report dated Novemb er 20th,2018.
SP-3
Engineering
1. All ingress/egress locations, including the right-ir/right-out access located at the
northwestern portion of the property, and subsequent impacts of trip generation by the
development, shall be designed to Carver County standards and shall meet all Carver
County's requirements.
2. Any requirements set by Carver County to improve the intersection shall be addressed by
the applicant (if necessary).
3. The applicant shall dedicate the 40' x 120' drainage and utility easement at the northwest
corner of Lot 1 on the preliminary and final plat prior to recording.
4. An executed agreement between the developer and Magellan Pipeline Company allowing
construction over Magellan Pipeline Company's easernent shall be provided to the city
prior to the issuance of grading permits.
5. The preliminary and final plat shall not include the 5' drainage and utility easernents
located at the south side of Lot 2, and the north side of Lot 3, prior to acceptance and
recording.
6, A1l retaining walls exceeding 4' in height shall have plans and details prepared by a
. registered engineer or landscape architect prior to issuance of building permits.
7. At the time of building permit submittal, connection methodology to the existing stubs
(sanitary sewer and water services), material t1pe, and location of service valves and
other appurtenances shall be identified for review.
8. Prior to construction of the water and sanitary utilities within the development, all
required permits from the appropriate regulatory agencies shall be required.
9. An O&M plan shall be submitted for review and approval prior to the issuance of
building permits.
10. Improvements to the existing manhole where the effluent will be received via the lift
station.
Parks
1. Full park fees in lieu of parkland dedication and/or trail construction shall be collected for
the three proposed lots totaling 36.39 acres as a condition of approval for Holasek
Business Park. These park fees shall be collected in full at the rate in force upon final plat
submission and approval.
Planning
SP-4
2. A 40-foot access and maintenance easement shall be recorded over the private streets.
The private streets shall be constructed to a nine-ton design with a minimum pavement
width of 26 feet and a maximum slope of 10 percent.
3. A street name for the private street at Galpin Boulevard and L5rman Boulevard shall be
submitted to the Building Official and Fire Marshall for review and approval prior to
recording the final Plat.
Water Resources
l. Stormwater Development Charges. Estimated stormwater development fees in the
amount of $770,012.40 (36.39 acres x $21,160) shall be paid prior to recording the final
plat.
2. Financial Assurance. To guarantee compliance with the plan and related remedial work,
a cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city
before a building permit is issued. The escrow amount shall be $7,500.00 per acre. The
city may use the escrow or draw upon the letter of credit to reimburse the city for any
labor or material costs it incurs in securing compliance with the plan or in implementing
the plan. If the city draws on the escrowed funds, no additional building permits shall be
issued until the pre-draw escrow balance has been restored. The city shall endeavor to
give notice to the owner or developer before proceeding, but such notice shall not be
iequired in an emergency as determined by the city. The assurance shall be maintained
until final stabilization and removal of erosion and sediment controls.
3. Drainage and utility easements willbe required over all remaining wetlands and public
stormwater utilities. This includes the western boundary of the project as well as the
southwest corner of the parcel which should have a sufficient easement for the main
drainage pipe for this area (required in conjunction with final plat).
4. Private stormwater easements will be required over all private stormwater facilities using
the city's template (required in conjunction with final plat).
5. The Holasek Business Park construction plans show areas of grading over the main
stormwater pipe that runs north to south along the western property boundary.
Construction on this pipe may be planned for the next couple of years. Please coordinate
earthwork in this area with the city and Carver County Public Works Department.
6. The plans show significant grading in the south outlot. Sec. l9-I45 of City Code does not
allow unbroken slopes greater than 30' and slopes steeper than 3:1. Additionally, the
proposed grading would trigger bluff regulations Sec. 20-1401 and Sec. 20-1405. Staff
i""orn-rrrds removing the stockpile from the proposed plans. If the stockpile cannot be
removed it will need to be reduced to slope less than 20' ,3:l max. It must meet all other
SP.5
regulatory requirements for wetland hydrology, erosion and sediment control, and surface
water management.
Erosion and sediment control must meet the requirernents of Sec. 19-145 including a
dewatering plan. Erosion and Sediment Control Practices including temporary
sedimentation basins, silt fence, the construction entrance, and ESC BMPs are shown in
the legend on sheet C5.02, but not on the plans. lndicate the location of these practices on
the Erosion Control Plan sheet.
EOFs should be stabilized with TRM or similar. Include chosen stabilization measures in
the construction plans.
9. Temporary Sediment Ponds. The proposed stormwater ponds will need to be utilized as
temporary sediment ponds during construction. A faircloth skimmer will need to be
installed, and the outlets of the pond will need to be sealed off for the duration of
construction until the site is stabilized. Skimming devices should be designed to remove
oils and floatable materials up to a one-year frequency event. The skimmer should be set
12 inches below the normal surface water elevation and should control the discharge
velocity to 0.5 fos. Incorporate these notes and details into the construction plans.
Topsoil Management
1. Subsoil Decompaction. Please add a note about subsoil decompaction to the topsoil
section on sheet LI.03. Subsoil must be decompacted to a depth of six inches in all
pervious areas, prior to placemant of six inches of topsoil. Contractor must identify the
method used to decompact six inches of subsoil prior to placing topsoil.
2. Topsoil Depth. Note 5 under Turf Establishment on sheet Ll.03 reads that a minimum of
four inches of topsoil is required. CCWMO Standards require that six inches of topsoil
be replaced in all disturbed pervious areas. Update this note to reflect the six inch
requirement.
3. Stockpiles. Please indicate the quantity of topsoil needed to restore six inches in all
pervious areas of the development. Show location(s) where existing topsoil is to be
stockpiled on the site.
4. Soil Hauling. Describe topsoil hauling plans, including locations and estimated
quantities. Note that if topsoil is exported or imported to the site, an additional permit
may be required.
5. Vegetative Cover. Note 5 under Turf Establishment on sheet LI.03 refers to a healthy
stand of vegetation in all disturbed pervious areas of the development. Please note that
90% of the expected vegetative density is required.
7.
8.
SP-6
Stormwater Management
1. Sec. 19-142. Plans required. A11 plans shall be reviewed and stamped "Approved by the
City Engineer" and all applicable permits must be obtained prior to commencing
construction. For all newly constructed stormwater facilities (ponds, retention areas,
infiltration basins, storm sewer, etc.) or existing facilities that are modified, as-built plans
shall be prepared by the developer. As-built plans shall be signed and certified by a
licensed professional engineer in the State of Minnesota and
record drawings shall be provided to the city. Standard details for many typical storm
structures (e.g., storm sewer, outlet structures, catch basins, sump manholes, etc.) are
available on the city's website.
2. Sec. 19-144. Major facility design elements.
a. For basins intended to have permanent water levels, a minimum of four feet of
standing water (dead storage depth) and a maximum of ten feet shall be
provided.
b. Separation between the inlet(s) and outlet shall be maximized to prevent short-
circuiting.
c. Outlets shall be evaluated for the need to dissipate enorgy so as to reduce
velocities to permissible levels as allowed by the soil and vegetation. At a
minimum, flared-end sections should be provided with riprap consistent with
Minnesota Department of Transportation standards. For areas with high flows or
where excessive erosion occurs or is anticipated, energy dissipation per Federal
Highway Administration standards shall be followed.
d. Riprap shall be provided below the channel grade and above the outfall or
channel bottom to ensure that riprap will not be undermined by scour or rendered
ineffective by displacement. fuprap consisting of natural angular stone suitably
graded by weight shall be designed for anticipated velocities. Riprap shall be
placed over a suitable filter material or filter fabric to ensure that soil particles do
not move through the riprap and reduce its stability'
3. BMP Details. lnclude the following BMP details in the construction plans:
a. BMP Cross Sections. Include site-specific elevations on the Bioretention Bench
and Bioretention Trench details on sheet C4.02.
b. OCS Details. lnclude Outlet Control Structure Details (attached) for the
stormwater BMPs with specific elevations for inlets, outlets, and draintile (when
applicable).
SP-7
4.
5.
6.
c. BMP Profiles. Include profiles of the stormwater BMPs with draintile (Pond B
Filtration Bench and Filtration Trench) showing draintile slope. Please note that
all draintile must have a positive drainage slope of at least 0.5%. Include site-
specific invert elevations for assistance with field construction.
d. EOF elevations. EOF elevations should be set to at least 0.5 ft. above the HWL
to allow for construction tolerance. Include cross-sections of the EOFs in the
plan set.
Impervious Acreage. The area (ac) of proposed new impervious is inconsistent between
the application (25.10), stormwater report (27.5), project narrative (25.08), plan sheet
C5.03 (28.4), and HydroCAD model (25.34). Clarit/ the correct area of new impervious
and update components of the submittal to match.
Elevation-Storage Tables. lnclude the Filtration Bench bottom (should be 928.5) in the
elevation- storage table in the HydroCAD report so that the treatment volumes can be
determined for the ponds, bench, and re-use system.
Filtration Trench. The filtration trench design is not compliant in the current design.
a. Contributing Area. The filtration trench appears to receive runoff from pervious
areas only. Stormwater BMPs should capture and treat runoff from impervious
areas on the site.
b. Tree Roots. The filtration trench is proposed in an area that is wooded on the
landscape plan. Trees may be planted on the side-slopes or adjacent to the trench
but are not allowed in the trench bottom. Tree roots may impact the draintile and
prevent proper drainage.
c. Model and Plan Details. The filtration trench is not included in the HydroCAD
model and the construction plans do not show details (bottom, NWL, HWL,
OCS, EOF) for this BMP. Please include the details listed in Comment#2 above
and include information for this practice in the construction plans and
HydroCAD model.
Operation & Maintenance Plan (O&M). Provide a draft O&M plan outlining the
responsibilities for inspecting and maintaining the stormwater BMPs on site. The O&M
plan must be signed by all responsible parties.
a. Reuse Maintenance Plan. Provide a draft Reuse Maintenance Plan as part bf the
overall O&M plan. Please include all details outlined in the corresponding
section on the Stormwater Reuse Design Guidance document.
Reuse Plan Sheet. Please add the following information to the stormwater reuse plan:
7.
8.
SP-8
a. Location of the following reuse system components: irrigation lines, irrigation
zones, sprinkler heads, pumps, intakes from ponds, and usage meters. If
applicable, include the locations of the potable connection, backflow prevention
devices, filters, and debris collection sumps.
b. Narrative describing operation of the systems. If the irrigated areas willbe
actively used during daytime hours, the irrigation needs to be scheduled for times
when the areas will not be in use.
c. Location of access for reuse system maintenance.
d. Drawdown elevations of the reuse ponds.
e. Volume reduction and/or water quality calculations.
f. Other information relevant to the reuse systems.
9. SWPPP. A copy of the SWPPP including soils/infiltration data within the perimeter of
all infiltration/filtration devices is required prior to review for final plat. The SWPPP
must also meet all requirements of City Code 19-145.
10. Basin. There is a bioretention basin south of Lyman Boulevard in the road construction
plans. Please show this basin on the construction plans for Holasek Business Park and
demonstrate that the road project plans don't interfere with this project.
11. Chloride Management Plan. A chloride management plan is required.
12. Applicant will need to respond to the comments received by Twin Cities & Western
(Wednesday, October 24,2018 6:39 AM):
"In response to this proposal Twin Cities & Western offers thefollowing comment:
Twin Cities & Western has concerns of stormwater and general runoff impacts with
this land being developed making it non-pervious. What will happen to the
stormwater runoff and will the increased runoff adversely impact the railroad
roadbed? "
9. General Conditions. The general conditions ofthis Contract are attached as Exhibit
"B" and incorporated herein.
SP-9
CITY OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
(sEAL)
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
(ss.
COLTNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
20-, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
AND:
SP-1 O
EDEN TRACE CORPORATION:
BY:
Mark Undestad, President
STATE OF MINNESOTA )
( ss.
COLTNry OF
-
)
The foregoing instrument was acknowledged before me this
-
day of
20_,by Mark Undestad, President of EDEN TRACE CORPORATION, a MN limited liability
partnership, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
SP-1 1
EXHIBJT IIAII
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERW:
The South 100 feet of the Southeast Quarter ofthe Southeast Quarto (SE 1/4 SE l/4) of Section 16,
Township 116, Range 23,Carver County, Minnesota;
AND
That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section 15,
Township I16, Range 23,Carver County, Minnesota, described as follows:
Commencing at the Southwest corner of said Section 15, and running thence East along the South
line of said Section 15 a distance of 275 feet more or less to the centerline of County Road No. I 17;
thence Norttrwesterly along the said centerline of said County Road No. 1 17 a distance of 115.5 feet
to the point of intersection with a line 100 feet distant and running parallel to the said South line of
said Section 15; thence Westerly, along said line running parallel to the said South line of said
Section 15, to the West line of said Section 15; thence South a distance of 100 feet along said West
line of said Section 15, to the point ofbeginning;
AND
The Northeast Quarter of the Northeast Quarter (NE l/4 NE 1/4) of Section 21, Township 116,
Range 23, Carver County, Minnesota;
AND
EXCEPT all that part of said Northeast Quarter of the Northeast Quarto of said Section 2l,lytng
Southeasterly of the Norttrwesterly right of way line of the Chicago, Milwaukee, St. Paul and
Pacifi c Railroad Company;
AND
That part of the Northwest Quarter of the Northwest Quarto of Section 22, Township 116, Range
23,Carver County, Minnesota, described as follows: Beginning at a point on the South line of the
Northwest Quarter of the Northwest Quarter of said Section 22,whichpoint is 3.60 chains West of
the Southeast corner of said Northwest Quarter of the Northwest Quarter; running thence North 22
l/2 degrees West 17.18 chains; thence North 47 ll2 degrees West 2 chains;thenceNorth 71 ll2
degrees West 8.60 chains to the Norttrwest corner of said Northwest Quarter of the Northwest
Quarter; thence South 20 chains to the Southwest comer thereof; thence East 16.40 chains to the
place ofbegrnning;
EXCEPT all that part of said Northwest Quarter of the Northwest Quarter of said Section 22,lyng
Southeasterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company and Southwesterly of the Excelsior and Shakopee Road;
AND EXCEPT any porlion of said Northwest Quarter of the Northwest Quarter of Section 22
located within the boundaries of the plat of Stone Creek First Addition recorded as Document No.
152353 in the records of the County Recorder, Carver County, Minnesota;
AND ALSO EXCEPT any portion of said Northwest Quarter of the Northwest Quarter of Section
22locatedwithin the boundaries of the registered land desffibed in Certificate of Title No. 31519 as
follows: That part of the North Half of the Northwest Quarter of Section 22, Township 116 North,
Range 23 West of the 5th Principal Meridian described as: Beginning at the north quarter corner of
said Section 22;thence on an assumed bearing of North 89 degrees 05 minutes 35 seconds West, a
distance of 969.75 feet along the norlh line of said Northwest Quarter; thence South 56 degrees 57
minutes 24 seconds West a distance of 1138.88 feet to the center line of County Road No. 117;
thence South 32 degrees 02 minutes East a distance of 56.45 feet; thence southeasterly 484.22 feet
along a tangential curve to the right having a radius of 3322.60 feet; thence South 23 degrees 41
minutes East a distance of 241.78 feet to the south line of said North Half of the Northwest Quarter;
thence South 89 degrees 06 minutes 46 seconds East a distance of 1570.38 feet along said south line
of the North Half of the Northwest Quarter to the southeast comer thereof; thence Norttr 0 degrees
30 minutes 30 seconds East a distance of 1326.84 feet along the east line of said Northeast Quarter
to the point of begrnning, according to the Govemment survey thereof;
AND
All that part of Govemment Lot One in Section 21, Township 116, Range 23,Carver County,
Minnesota, lyng Northwesterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the zubject property, the development of which is governed by the
foregoing Development Contract, agrees that the Developmant Contact shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this _ day of _,20-.
STATE OF MINNESOTA )
( ss.
coLrNTY OF _ )
The foregoing instrument was acknowledged before me this day of
20-,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(esz) 227-1100
FEE OWi\ER CONSENT
TO
DEVELOPMENT CONTRACT
S&S Development. LLP. a MN limited liability partnership, fee owners of all or part of the subject
property, the development of which is governed by the foregoing Development Confract, 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 thern.
Dated this _ day of
-,20-.
Mark Undestad. Managing Partner
STATE OF MINNESOTA )
( ss.
couNry oF _ )
The foregoing instrument was acknowledged before me this day of
20-,by Mark Undestad" Managing Partner of S&S Development. LLP.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
IRREVOCABLE LETTER OF CREDIT
TO: City of Chanhassen
7700 Market Boulevard, Box147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
No.
We hereby issue, forthe account of (Name of Develooer) and in your favor, our hrevocable
Letter of Credit in the amount of $, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Irtter of Credit No.
2__,o@;
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank), on or before 4:00 p.m. on November 30,
Date:
dated
2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modifr the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147 , Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Irtter of Credit.
This Letter of Credit shall be govemed by the most recent revision of the Uniforrn Customs and
Practice for Documentary Credits, Intemational Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
@eveloper Installed Improvements)
EXHIBIT ''B''
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, steets, utilities, public
or private improvements. or any buildings until all the following conditions have been satisfied: 1)
this agreement has been fully executed byboth parties and filed with the City Clerk, 2)the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office or Registrar ofTitle's Office of the Countywhere the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer
mayproceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Developme,nt of subsequent phases may not proceed
until Development Contracts for such phases are approved by the City. Park charges and area charges
for sewer and water refened to in this Contact are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contact, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development densrty, lot size,
lot layout or dedications of the approved plat unless required by state or fMeral law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and specifications
which have been prepared and signed by a competent registered professional engineer furnished to
the City and approved by the City Engineer. The Developer shall obtain all necessary permits from
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
GC-1
with construction. The City will, at the Developer's expense, have one ormore construction inspectors
and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a
qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector
to respond to questions from the City Inspector(s) and to make periodic site visits to satisff that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties concerned, including the City stafl to
review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. $ 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifuing that the monuments have
been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment control requirements ifthey would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall
be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that
time is of the essence in controlling erosion and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
transport at the Developer's expense. The City will endeavor to notift the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be issued
unless the plat is in fulI compliance with the erosion and sediment control requirements. Erosion and
sediment control needs to be maintained until vegetative cover has been restored, even if construction
has been completed and accepted. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion and sediment confol, the City will authorizelhe rsmoval
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose ofthe erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Buitding. Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code $ 7-22.
GC.2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and offsite, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easernents shall become City property. After completion ofthe improvements, a representative
of the contractor, and a representative of the Developer's angineer will make a final inspection of the
work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement to the City
Engineer certifoing that the project has been completed in accordance with the approved plans and
specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the
public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon
the letters of credit in an amount :upto l25o/o ofthe claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (2%) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between curb and property line).
In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas
of the lot. If these improvements are not in place at the time a certificate of occupancy is requested,
a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within trvo (2) months after the certificate of occupancy
issued, except that if the certificate of occupancy is issued between October I through May I these
conditions must be complied with by the following July lst. Upon expiration of the time period,
inspections will be conducted by City staffto verify satisfactory completion of all conditions. City
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
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escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
retumed. If the requirements are not satisfied, the City may use the security to satis$r the
requirements. The Citymay also use the escrowed funds formaintenance of erosion control pursuant
to City Code SectionT-22 or to satisfr any other requirements of this Contract or of City ordinances.
These requiranents supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
14. Warranty. The Developer warants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1) a warrantyimaintenance bond for 100% of the cost of the improvement, or 2) a letter of credit
for twenty-five percent Q5%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and worhnanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance ofthe work.
B. The required warranty period for all work relating to street construction, including
concrete curb and Butter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance ofbuildingpermits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure that drainage is maintained away
from buildings and that tree rsmoval is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on7lYo of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in
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the plat. The fee shall be used bythe City for fumishing electricity and maintaining each public street
light for twenty (20) months.
19. Signage. All street signs, fraffic signs, and wetland monumentation required by the
City as a part of the plat shall be fumished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developo shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Stafftime and overhead for items such
as review of construction documents, preparation of the Development Confact, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows:
i) if the cost of the construction of public improvernents is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost ofthe construction ofpublic improvements is between $500,000 and
$ I ,000,000, three percent (3%) of construction costs for the first $500,000 and
two percent (2%) of qnstruction costs over $500,000;
iiD if the cost of the construction of public improvanents is over $1,000,000, two
and one-half percent Qyr%) of construction costs for the first $ 1 ,000,000 and
one and one-halfpercerfi(l%%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual consfuction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the adminisfative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sedimelrt control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 21E of this Agreernent.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnit/ 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 attomeys' fees.
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D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement ofthis Contract, including engineering and attorneys'fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirfy (30) days shall accrue interest at the rate of 8%o per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
(,SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These seryices shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost ofupdating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. 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
glven 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.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporaryjob
site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvanents. Trailers shall be removed from the subject property within thirty
(30) days following the acceptance ofthe public improvements unless otherwise approved bythe City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Posfrnaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
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shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial ofbuilding permits, including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If anyportion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contact. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contact shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $ 1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signrng the plat. The certificate shall provide that the City must be given ten (10)
days advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to evay other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forflr or otherwise so existing may be exercised from time
GC-7
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.
K. Assimability. The Developer may not assign this Contract without the written
permission ofthe City Council. The Developer's obligationhereunder shall continue in fulI force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours, including pick-up and deliveries of
material and equipment and the operation of any intemal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontactors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhoms, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvonents shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancypermits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Waming signs shall be placed by the Developer
when hazards develop in sfreets to prevent the public from traveling on same and directing attention
to detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent ofl-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
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maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
Q. Soil Treafinent Systems. If soil treatrnent systems are required, the Developer
shall clearly identifu in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatrnent sites identified during the platting process for each lot. This shall be
done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render
them as unacceptable and replacement sites will need to be located for each violated site in order to
obtain a building permit.
R. Variances. By approving the plat, the Developer rqxesents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws. Ordinances. and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations ofthe following authorities:
1. City of Chanhassen;
2. State of Minnesot4 its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed Distict(s);
5. Metropolitan Govemment, its agencies, deparhnents and commissions.
T. 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 to
enter into this Development Contract.
U. 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 fifiress 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 indemniff, 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.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer conceming the nature of suitability
of soils nor the cost of conecting any unsuitable soil conditions which may exist. On lots which have
no filImaterial a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multiJot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot.
On lots with fill material that have been custom graded, a satisfactory soils report from a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
GC-9
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Siqrs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer's telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of ll"xl7" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavonent and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as-built ptans,lZ;
two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in
both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digrtal
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As-Built lot Surve]zs. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as-built survey is completed. Ifthe weather conditions at the time of the as-built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and
the as-built escrow withheld until all work is complete.
Rev.3/31/06
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CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2018-18A
Holasek Business Park
SPECTAL PROVISIONS
AGREEMENT dated December 10, 2018, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), ttnd 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 (referred to in this Agreement as the "project"). The land located in Carver County, Minnesot4
is legally described as [,ots 1,2 and 3, Block 1, Holasek Business Park, Carver County, Minnesota.
2. Conditions of Site PIan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Agreonent and fumish 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 l0ll9l20l8, revised lll02l20l8.
Plan B--€rading, Drainage and Erosion Control Plans prepared by Sambetek, dated l0lt9l20l8,
revised lll02l20l8.
Plan C-I^andscaping Plan prepared by Sambatek, dated l0ll9l20l8, revised lLl02l20l8.
Plan D - Erosion Control Plan prepared by Sambatek, dated l0ll9l20l8, revised lll02l20l8.
Plan E - Utility Plan prepared by Sambatek, dated l0ll9l20l8, revised lll12l20l8.
Plan F - Building Floor and Elevations Plan prepared by Edward Farr Architects, Inc., dated
tol19t20t8.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 7,2019. 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
fumish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$55,700.00 (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 CityHall, 7700 Market Boulevard, P.O. Box l4T,Chanhassen, Minnesota 55317,
Telephone (9 52) 227 -l 100.
7. Other Special Conditions. City Council approves a site plan for a total of 449,350 squile
feet of buildings in three office industrial buildings with areas of 161,500 or up to 179,500 square
feet with amezzarine (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
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 Agreonent 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.
CIry OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
AND:
STATE OF MINNESOTA )
(ss
Todd Gerhardt, City Manager
3
COLINTY OF CARVER )
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,20-,
by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
4
DEVELOPER:
BY:
Mark Undestad
President
STATE OF MINNESOTA
COI-]NTY OF
The foregoing instrument was acknowledged before me this _day of _20-by Mark Undestad, President, Eden Trace Corporation, a Minnesota Corporation.
NOTARY PUBLIC
DRAFTEDBY:
City of Chanhassen
7700 Marka Boulevard
P. O. Box 147
Chanhassor, MN 55317
(9s2)227-fi00
)
( ss.
)
5
CIry OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A''
GENERAL CONDITION
1. Right to Proceed. Within the site plan are4 the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvanents, 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 contol 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 fbrtilized, 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 supplonentary 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 stabilizdto where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
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 indemni$ 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 attomeys'fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attomeys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8Yo per year.
8. Developer's Default. kr the event of default by the Developer as to any of the work to be
performed by it hereundo, 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
glven 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 rernedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placeme,nt 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. Severabilitv. Ifany portion, section, subsection, sentence, clause, paragraph, or phrase of
this Agreement is for any reason held invalid, such decision shall not af[ect the validity of
the remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Enginee,r, no one may occupy a
building for which a building permit is issued on either a ternporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Agreement shall run with the land and may be recorded against the title to
the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and rernedy 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 contact 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 ofheavy 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 teatment 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 thern as unacceptable and replaconent sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws. Ordinances. and Rezulations. 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 Minnesot4 its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Govemment, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall fumish ttre Citywith evidence satisfactory
to the City that it has the authority of the fee owners and contact 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 flrther agrees that it will indemni$r, defend, and hold harmless
the City, its goveming body mernbers, 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.
CONSENT
Owners of all or part of the subject property, the development of which is govemed by the
foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
Mark Undestad
\4aaagus la4aer
STATE OF MINNESOTA
COI-]NTY OF
The foregoing instrument was acknowledged before me this day of
20_, by Mark Undestad, Managtng Partner, S & S Development,LLP, a Minnesota Limited
Liability Parhrership.
NOTARY PUBLIC
DRAFTEDBY:
City of Charihassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1r00
20-
By
)
(ss
)
9
MORTGAGE HOLDER CONSENT
TO
SITE PLAII AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this _ day of 20-.
STATE OF MINNESOTA )
( ss.
COLINry OF
-
)
The foregoing instrument was acknowledged before me this day of
20_,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
10
EXHIBIT A
LEGAL DESCRIPTION:
l1
CIry OF CHANHASSEN
SITE PLAN AGREEMENT #2018-I8B
Holasek Business Park
SPECTAL PROVISIONS
AGREEMENT dated December 10, 2018, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), ond 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 ofEce 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
I-ots2, 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 ttris Agreeme,nt and fumish 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 ofthis Agreement, the written terms shall control. The plans are:
Plan A-Site Plan prepared by Sambatek, dated l0ll9l20l8, revised lll02l20T8.
Plan B-Grading, Drainage and Erosion Control Plans prepared by Sambetek, dated l0ll9l20l8,
revised 1110212018.
Plan C-Landscaping Plan prepared by Sambatek, dated l0ll9l20l8, revised lll02/2018.
Plan D - Erosion Control Plan prepared by Sambatek, dated 10/1912018, revised ll/02/2018.
Plan E - Utility Plan prepared by Sambatek, dated l0ll9l20l8, revised lll02l20l8.
Plan F - Building Floor and Elevations Plan prepared by Edward Farr Architects, trnc., dated
10119/2018.
4. Time of Performance. The Developer shall install all required screening and landscaping
by July l, ZO2O. 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 Citywith a letter of credit from a bank, cash escrow, or equivalent ("security") for
$37,000.00 (erosion confrol and landscaping). If the Developer requests a Certificate of Occupancy
prioi to the installation of site landscaping, then the developer shall provide to the city a letter of
iredit 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:
Chanhasse,n CityHall, 7700 Market Boulevard, P.O. Box l4T,Chaihassen, Minnesota 55317,
Telephone (9 52) 227 -l I 00.
j. Other Special Conditions. City Council approves site plans for a total of 449,350 square
feet of buildingJ in three office industrial buildings with areas of 161,500 or up to 179,500 square
feet with amezzarine (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 mezzarine (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 agreernents 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 comer of the site, Building C on Lot 3 mayneed 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 nurnber of counterparts, each of
which shall constitute one and the same instrument.
CITY OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
AND:
Todd Gerhardt, City Manager
J
STATE OF MINNESOTA )
(ss
coI-rNTY OF CARVER )
The foregoing instrument was acknowledged before me this-day of
-,20-,
by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Mioo".otu municipaicorporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
4
DEVELOPER:
BY:
Mark Undestad
Its President
STATE OF MINNESOTA )
( ss.couNryoF )
The foregoing instrument was acknowledged before me this _ day of
20-by Mark Undestad, President, Eden Trace Corporation, a Minnesota Corporation.
NOTARY PUBLIC
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
5
(
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT'A"
GENERAL CONDITION
l. 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. A1l areas
disturbed by the excavation and backfilling operations shall be reseeded for*rwith 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. Al1 seeded areas
shall be fenllized, 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 notiff the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and Ciffs 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 requiranents. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilizedto 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 contactor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
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 indemni& 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 attomeys'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 8oh 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
glven 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 Confact. Breach of the terms of this Agreement by the Developer shall be
grounds for denial of building permits.
E. Severabilitv. 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. Un1ess approved in writing by the City Engineetr, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the sfreets needed for access have been paved with a bituminous surface and the utilities
tested and approvedbythe city.
G. Waivers/Ame,ndments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H.
I.
Recordinq. This Agreement shall run with the land and may be recorded against the title to
the property.
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.
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 healy 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 intemal combustion engines used for construction or dewatering pu{poses
beyond the normal working hours will require City Council approval.
Soil Treanne,nt Systems. If soil treatrnent systems are required, the Developer shall clearly
idartiff in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil fieatment 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.
Compliance with Laws. Ordinances. and Rezulations. tn the development of the site plan,
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
l. 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, departrnents and commissions.
M. Proof of Title. Upon request, the Developer shall fumish ttre 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 indemniff, defend, and hold harmless
the City, its governing body members, ofEcers, 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 conceming the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
J.
K.
L.
CONSENT
Owners of all or part of the subject properly, the development of which is governed by the
foregoing Site Plan Agreanent, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of
By.
Mark Undestad
Mauaelgla{uqr
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of20-, by Mark Undestad, Managrng Parbrer, S & S Development,
Liability Partnership.
LLP, a Minnesota Limited
NOTARY PUBLIC
DRAFTEDBY:
City ofChanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2)227-1100
20-
)
(ss
)
9
MORTGAGE HOLDER CONSENT
TO
SITE PLAII AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this _ day of 20-.
STATE OF MINNESOTA )
( ss.
cor-INTY oF _ )
The foregoing instrument was acknowledged before me this day of
-,
20_,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2) 227-rr00
r0
EXHIBIT A
LEGAL DESCRIPTION: Lot 2, Block 1, Holasek Business Park, Carver County, Minnesota
ll
CIry 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 mezzarine (Building C) (referred to in this Agreement as the "project"). The land
located in Carver County, Minnesota, is legally described as l,ots 3, Block l, 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 fumish the security required by it.
3. Development Plans. The pdect 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 l0ll9l20l8, revised lll02l20l8.
Plan B-Grading, Drainage and Erosion Control Plans pre,pared by Sambetek, dated l}ll9l20l8,
revised 1110212018.
Plan C-Landscaping Plan prepmed by Sarnbatek, dated 1011912018, revised 1l/02/2018.
Plan D - Erosion Control Plan prepared by Sarnbatek, dated 1011912018, revised lll02l2}I8.
Plan E - Utility Plan prepared by Sambatek, dated l0ll9l20l8, revised 1l/0212018.
Plan F - Building Floor and Elevations Plan prepared by Edward Fan Architects, Inc., dated
r0lt9t20t8.
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 Agreernent, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("securif") 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 ttre City Manager, or
mailed to the Cityby 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 -l 100.
7. OtherSpecialConditions. CityCouncilapprovessiteplansforatotal 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 amezzanine (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 mezzarine (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 comer 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:
Denny Laufenburger, Mayor
AND:
Todd Gerhardt, City Manager
J
STATE OF MINNESOTA )
(ss
couNry oF CARVER )
The foregoing instrument was acknowledged before me this-day of
-,20-
by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
4
DEVELOPER:
BY:
Mark Undestad
President
STATE OF MINNESOTA
COLTNTY OF
The foregoing instrument was acknowledged before me this _ day of20-by Mark Undestad, President, Eden Trace Corporation, a Minnesota Corporation.
NOTARY PUBLIC
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
)
( ss.
)
5
(
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT UA''
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. A1l 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
rccognrze that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplunentary 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 fulI 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, grffis, 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
walranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its ofEcers and ernployees 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 attomeys'fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this permit,
including engineering and attomeys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Perrnit 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%o per year.
8. Developer's DefaulL 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
properfy 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. Thfud parties shall have no recourse against the Cityunder this Agreement.
D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be
grounds for denial ofbuilding permits.
E. Severabilitv. 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 ternporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Agreement shall run with the land and may be recorded against the title to
the property.
I. Ranedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other riglrt, 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
rernedy.
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 Rezulations. 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 fifiress 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 indemnifu, defend, and hold harmless
the City, its goveming body mernbers, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the properfy, 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.
CONSENT
Owners of all or part of the subject property, the development of which is govemed by the
foregoing Site Plan Agreement, afftrm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
By_
Mark Undestad
Manaeine Partner
STATE OF MINNESOTA )
(ss
couNTY oF )
The foregoing instrument was acknowledged before me this day of
20_, by Mark Undestad, Managing Parfirer, S & S Development, LLP, a Minnesota Limited
Liability Parfrrership.
NOTARY PUBLIC
DRAFTEDBY:
City ofChanhassen
7700 Marka Boulevard
P. O. Box 147
Chanhassen, MN 553 l7
(9s2)227-r00
20-
9
MORTGAGE HOLDER CONSENT
TO
SITE PLAI\ AGREEMENT
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in fulI force and
eflect even if it forecloses on its mortgage.
Dated this
-
day of .,20-.
STATE OF MINNESOTA )
( ss.
COLINry OF
-
)
foregoing instrument was acknowledged before me this day ofThe
by_20_,
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(9s2\ 227-ttoo
10
E)G{IBM A
LEGAL DESCRIPTION: Lot 3, Block 1, Holasek Business Park, Carver County, Minnesota
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