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
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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.
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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:
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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
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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
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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. '*?
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,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
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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
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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.
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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.
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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
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)ss.
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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
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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!.
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STATEOFMINNESOTA )
COTJNTYOF AoE^*)
20)!by
The foregoing instrument was
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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
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LEGAL DESCRIPTION: Lot l, Block l, Holasek Business Park, Carver County, Minnesota
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