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Site Plan Agreement 2018-18A - RecordedDocument #: A681058 Date: 08-06-2019 Time:03:11 PM Pages: 12 Recording Fee: $46.00 Paid on 08-06-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder (0 CITY OF CHANTIASSEN SITE PLAN AGREEMENT #2018.184 Holasek Business Park SPECIAL PROVISIONS AGREEMENT datd December 10. 2018. by and between ttrc CITY OF CFIANFIASSEN, a Minnesota municipal corporatiorL (the "City), and Eden Trace Corporation, a Minnesota CorporatiorL (the "Developer"). 1. Request for Site Plan Approval The Developer has asked the City to approve a site plan for an offrce industrial building with areas of 161,500 or up to 179,500 square feet with a mezz ine @uilding A) (referred to in this Agreement as the 'project). The land located in Carver County. Miruresota, is legally described as Los I, Block 1, Holasek Business Park Carver County, Minnesota 2. Conditions of Site Plan Approval The City hereby approves the site plan on condition that the Developer enters into this Agreement and fumish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plars shall not be attached to this Contract. If the plans vary from the written terms of this Agreemenq the written terms shall conrol. The plans are: Plan A-Site Plan prepared by Sambatelq dated 10/19/2018, revised ll/0212018. Plan B--{rarling, Drainage and Erosion Control Plans prepared by Sarnbeteh dated 1011912018, revised 11/0212018. Plan C-Landscaping Plan prepared by Sambarek dated 10/1912018, revised I 1/02:/2018. Plan D - Erosion Control Plan prepared by Sambatek dated 10/19/2018, revised 1110212018. Plan E - Utility Plan prepared by Sambatelq dated 10/19D018, revised I l/02l2018. Plan F - Building Floor and Elevations Plan prepared by Edward Farr Architects, Inc., dated t0/19D0t8. I 4. Time of Perfonnance, The Developer shall install all required screening and landscaping by November l, 2019. The Developer may, however, request an extension of time from the City. Ifan 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 ("secwity") for $335,414.00 (erosion control, landscaping and utilities). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter ofcredit or cash escrow in an amount sufficient to insure the installation of said landscaping. a. Requests for reductions of Letters of Credit must be zubmitted 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. Ary reduction shall be subject to City approval. 6. Notices Required notic€s to the Developer shall be in writing, and shall be either hand delivered to the Developer, its ernployees or agents, or mailed to the Developer by certifred 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 ar the following address: Chanhassen City Hall, 7700 Market Boulevar( P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1lN. 7. Other Special Conditions. City Council approves site plans for a total of449,350 square feet ofbuildings in three oflice industrial buildings with areas of 161,500 or up to 179,500 square feet with a mezzanine (Building A), 109,250 square feet (Building B) and 160,600 or up to 178,600 square feet if Building A does not have a mezzanine (Building C) subject to the following conditions: 2 Engineering PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Environmental Resources a.Parking lot islands and penisulas will be required to have proper planting soil as specified in the Planting Notes. Planning d Must comply with the conditions of the Holasek Business park conditions of approval for the subdivision. a. The applicant shall enter into s€parate 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 Builrling A and included on the site plan sheet C3.01. community features including benches, bike racks and picnic tables shall be incorporated in the site. c 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 Agreernent 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. CITYOF CHAN}IASSEN BY: Elise D L 3 AND: ,,|::r*:::'J STATE OF MINNESOTA COTNTY OF CARVER municipal Council. corporation. on behalf of the corporation and to the authority granted by its _City SS ) ( ) The foregoing instrument was acknowledged before me tnidLaay of Qltvrar'1,20!{, by Elise Ryan, Mayor. and by Todd Gerhardt, City Manager, of the City of Chanhassen" a Minnesota ARY KIM T.MEUWISSEN Nolary Public-Minnesota Jan 31,2020 4 EDEN TRACE CORPORATION BY: Its Mark Undestad President . STATE OF MINNESOTA COUNTY OF The foregoing instument was acknowledged before me thi. j- aay of F<) rt ZO-.[ ty Uark Unaestad- Presidenl Eden Trace Corporatiou a Minnesota Corporation. '*? ) ( ) ,1nL C"a NOTARY PUBLIC DRAFTED BY; City of C'tunhass€n 77m Market Boulevad P. O. Box 147 Chathassen MN 55317 (9s2) 227-r0o LNDACDAHL NOTARY PU}LIC. MINNESOTA MY COMMIS$ON EXPIRES OI[INO2I 5 1. Right to Proceed. Within the site plan area, the Developer may not grade or othenvise disnrb the earttr, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this site plan agrcement has be€n flrlly executed by both parties and filed with the City Clerh 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. Maintenancc of site. The site shall be maintaind in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die stnll be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and cont:rctors 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 Contml Before the sir is rough graded" and before any building permits are issued- the erosion contol plarL Plan B, shall be implernented, inspected, and approved by the City. The City may impose additional erosion control requirernents if they would be beneficial. All areas disMbed by the excavation and backfilling operations shall be reseeded forthwith after the mmpletion of the work in that area Except as otherwise provided in the erosion contol plar; seed stnll be certified seed to provide a tempoftry ground cover as rapidly as possible. All seeded areas shall be fertilize4 mulched and disc anchored as necessar-v for seed retention. The parties recogrrize that time is of the essence in contolling erosion. If the Developer does not comply with the erosion conrol plan and schedule or zupplementary insructions received from the City, ttre City may take such action as it deems appropriate to confol erosion at the Developer's expense. The City will endeavor to notifr the Developer in advance of any proposed actiorl 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 firll 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 ofthe City. there is no longer a need for erosion control. the City will authorize removal of the erosion conrol measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clea4 on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from consruction work by the Developer, its agents or assigns. 6. Warranty. All rees, gmss. 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 rees shall be warranted for twelve (12) months from the time of planting. The Developer or his contracto(s) shall post a letter of credit or cash escrow to the City to secure the wan'anties at the time of final 6 ( CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "A- GENERAL CONDITION zrcceptance. 7. Responsibility for Costs A. The Developer shall hold the City and its officers and employees harmless fiom claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnif, the City and ir officers and employees for all costs, damages, or expenses which the Crty may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer slrall 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 zubmitted 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 rnay halt all developmart work and construction. Bills not paid wittrin thirty (30) days shall accrue interes at the rate of 8% per year. 8. Developey'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 optiorL perform the work and the Developer stnll promptly reimburse the City for any expense incuned by the City, provided the Developer is firs 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 worh the City may, in addition to its other remedies. assess the cost in whole or in part. 9. Miscellaneous. A.Trailers.Placement of on-site constnrction trailers and temporary job site offices strall be approved by the City Engineer. Trailers shall be rernoved from the subject property within ttfuty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer strall provide for the maintenance of posal service in accordance with the local Postnasle/s request. C. Third Parties. Third parties shall have no recourse agains the City under this Agreement. D. Breach of Contact Breach of the terms of this Agreernenr by the Developer stmll be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragrap[ or phrase ofthis Ageement is for any reason held invalid, such decision strall not affect the validity of the remaining portion of this Contract. F. Occupancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the sreets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. Wai 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 waiven 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 Contact slnll not be a waiver or release. '7 G. H. Recording. This Agreement shall run with ttre land and may be recorded agains 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 implid now or hereafter arising, available to City, at law or in equity, or rmder any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised fiom 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 Hous. The normal construction hours under this contact slrall be from 7:00 am. to 9:00 p.m. on weekdays, from 9:00 am. 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 projectq including but not limited to grading, utility insallation and paving, requiring the use of heavy equipment sh,all be permittd between ttre hours of 7:00 am. and 6:00 p.m. on any weekday and 9:00 a-m. and 5:00 p.m. on Saturdays. No zuch activity is permined on Sundays or public holidays. Operation of all intemal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treaunent Systems. If soil reaunent systems arc required, 0re Developer strall clearly identiff in the field and protect from alteratioq unless suitable altemative sites are first provided the two soil teaunent sites identified during the site plan process for each lot. This shall be done prior to the issuance ofa Grading Permit. Any violation/disturbance of these sites stnll render them as rmacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Comoliance with Laws Ordinances. and Regulaions. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: L City ofChanhassen: 2. State of Miruresota, its agencies departrnents and commissions; 3 . United Sates Army Corps of Engineers; 4. Watershed Disrict; 5. Meropolitan Government, its agencies, departnents and commissions. M. Proof of Title. Upon request, the Developer slull fumish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for constuction of the improvemorts or any other purpose for which the Developer may make use of such property. The Developer fi.rther agrees that it will indemnifr, defen4 and hold harnrless the City, its body manbers, officerg and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, wrless 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 nanre of suiability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 8 FEE OWNER CONSENT TO SITE PLAN AGREEMENT #2018-18A 8610, LLP, a Minnesota limited liability partnership, fee owner of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement #2018-18A, affrms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. o^talni*X?Lauyor !^,.!l .zors. 6810, LLP, a Minnesota limited liability partnership By Undestad, Its Managing Partner STATE OF MINNESOTA COLNTY OF The fore DRAFTED BY: City ofchanhassqt 77m Ma*cr Botllevad P. O. Box 147 ChanhasserL MN 553 I 7 (952\221-t tN ) )ss. ) going instrument was acknowledged before me thirl99Ouy of 20l9,by Mark Undestad, the Managing Partner 6810, LLP, a Minnesota ted li ity partnership, on behalf of said entity Public JEAII M SIECKLII{G lt aBry h/blrrrEoaa ridtStttl,Da 9 A ->__^,(. (r^rr^- 6+ MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT LJt,rtt ftrat ct rt t Caco tr //rq "rtwhich holds a mortgage on the subject properq,, the development of which is governed by the foregoing Site Plan Agrcement, agtes that the Site Plan Ag€ernent strall remain in full force and effect even if it forecloses on its mortgage. oateottris-.,1{Jaayor $".-\,201!. , 1/ // - oa n crrt t L S-6'<'t/' cG t STATEOFMINNESOTA ) COTJNTYOF AoE^*) 20)!by The foregoing instrument was ( ss. before me ry or rfiuh+ PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 5531 7 (952)227-|00 CTYDE A KUIITIER OTANY PU&P IT ESOIA xt cdrrEDll Erg.ia .lt. 31 zaa u.+ l0 S, -. ^--r. t aC 'tl;--> DGIIBITA LEGAL DESCRIPTION: Lot l, Block l, Holasek Business Park, Carver County, Minnesota lt