Site Plan Agreement 2018-18B - RecordedDocument #: A681059
Date: 08-06-2019 Time:03:11 PM Pages: 12
Recording Fee: $46.00
Paid on 08-05-2019
County: Carver State: MN
Requesting Party: CAMPBELL KNUTSON PA
Kaaren Lewis
County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2OI8.I88
Holasek Business Park
SPECIAL PROVISIONS
AGREEMENT datd Decemb€r 10, 2018, by and between 0re CITY OF CFIANHASSEN' a
Mirnesota municipal corporatiort (the "City"), and Eden Trace Corporation, a Minnesota
Corporatioq (the "Developer").
l. Request for Site Plan Approval The Developer has asked the City to approve a site plan
for an office indusrial building with areas of 109,250 square feet (Building B) (refened to in this
Agreement as the "project"). The land located in Carver Cowrty, Minnesota is legally described as
Lots 2. Block 1, Holasek Business Park Carver Count-v, Mtnesota
2. Conditions of Site Plan Approval The City hereby approves the site plan on condition that
the Developer enters into this Agreement and fumistr the security required by it.
3. Development Ptars. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Confact. If the plans vary from the written
terms of this Agreernent the written terms shall control. The plans are:
Plan A-Site Plan prepared by Sambatelq dated 10/192018, revised 1110212018.
Plan B--Crarling, Drainage and Erosion Control Plans prepared by Sambeteh dated 10/192018,
revised I 1/02018.
Plan C-tandscaping Plan prepared by Sambatek, dated 10/192018, revised 11102D018.
Plan D - Erosion Control Plan prepared by Sambatek dated 10/192018, revised 11102/2018.
Plan E - Utility Plan prepared by Sambatek datd l0/19/2018' revised 1110212018-
Plan F - Building Floor and Elevations Plan prepared by Edward FaIT Architects. Inc.. dated
10119t2018.
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4. Time of Performance. The Developer shall install all required screening and landscaping by
July l, 2020. The Developer may, however, request an extension of time from the City. If an
extension is gmnted 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
fumistr the City with a letter of credit from a banlc cash escrow. or equivalent ("security") for
$37,000.00 (erosion control and landscaping). Ifthe 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 irsure 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 Citv approval.
6. Notices. Required notices 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 certified mail at
the following address:
Mart Undcstad
Prtsident
Eden Trace Corporation
8821 Sunset Trail
Chanhasscn, MN. 55317
7. Other Special Conditions City Council approves site plans for a total of 449,350 square
feet of buildings in three office industrial buildings with areas of 161,500 or up to 179,500
square feet with a mezzanine (Building A), 1 09,250 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 ttrc
following conditions:
Engineering
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boutevard, P.O. Box 147, Chanhassen, Mirmesota 55317, Telephone (952)
227-1100.
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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.
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 Agreemant may be executed in any number of counterpafts, each of
which shall constitute one and the same instument.
CITY OF CHANHASSEN
BY:
Elise
c
cerha.ff
3
AND
;j'::"'"$
STATE OF MINNESOTA
COUNTY OF CARVER
SS
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The foregoing insrument was acknowledged berore me thisrA dav $6hfo/,l]1.,2il9.}v
Elise Ryan, Mayor, and by Todd Gerhardt, City Manager. of the City of Chanhassen a Minnesota
municipal corporation" on behalf of the corporation and to the authority granted by its City
Council.T.
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TKIM
Not8ry
EDN TRACE CORPORATION
BY:
Its
Mark Undestad
President
STATE OF MINNESOTA
COUNTYOF O+RVER
The foregoing instrument was acknowledged before me this 5 day of Feb
20-!l by Mark Undesta4 President, Eden Trace Corporation, a Minnesota Corporation.
SS.
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A"*r* C ,Lh-u
NOTARYPUBLIC
DRAF'IED BY:
City ofChanharsen
7700 Ma*et Boulevard
P. O. Box I47
Chanharscn MN 55317
(952)227-|N
LINDA C DAHI
NOTAIY PUBLIC - MNNiESOTA
MY COMMISSION EJOIRIJ OI/3I/2MI
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1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the eartlr, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this site plan agrcement has been frrlly executed by both parties and fild with
the City Cler( 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 sarisfied.
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 agena, employees, officers and contractors a
Iicense 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 site is rough graded- and before any building permis are issued- the
erosion control plan, Plan B, shall be implemented, inspecteq and approved by the City. The City
may impose additional erosion control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations strall be reseeded forthwith after the completion of the
work in that area Except as otherwise provided in the erosion control plaq seed shall be certifid
seed to provide a t€mporary 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 conrolling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary insructions received from the City, the City may take such action as it
deems appropriate to contol erosion at the Developer's expense. The City will andeavor to notiry 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 herewder. No development will be allowed and no
building permits will be issued unless there is frrll compliance with the erosion control
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 contol. the City
will authorize removal ofthe erosion contol 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 tees 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
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CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT'A"
GENERAL CONDITION
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harrnless from claims made
by itself and third parties for damages sustained or costs incurred resulting from site plan
approval and development. The Developer shall indemnifu the City and its 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 shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attomeys' fees.
C. The Developer shall pay in frrll all bills submitted to it by the City for obligations incr.rred
uder this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
Citv may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's DefautL 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 incuned 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 Cit"v may. in addition to its other remedies,
assess the cost in u*role or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction railers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property witlin 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 pos'tal service in
accordance with the local Postnaster's request.
C. Third Parties. Thtd parties shall have no recourse against the City under this Agreement.
D. Breach of Contract. Breach ofthe terms ofthis Agreement by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragrap[ 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. 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 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 Cormcil.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
acceptance.
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H. Recordine. 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 conffi upon the City is curnulative 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 under any other agreemen! and each and every right,
power and remedy herein s€t forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed ex@ient 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 fiom 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 recogrrized 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 intemal combustion engines used for constuction or dewatering purposes
beyond the normal working hours will require City Council approval.
K. Soil Trcatrnent Systems. If soil reatnent systems are requird the Developer shall clearly
identiS in the field and protect from alteration, unless suitable altemative sites are firs
provided, the two soil treatnent 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 shall render them as unacceptable and replacement sites will need to be located for each
violared site in order to obtain a building permit.
L. Compliance with Laws.and Resulations.In the development ofthe site plan, the
Developer shall mmply with all laws, ordinances, and regulatiors of the following
authorities:
I. City ofChanhassen:
2. State of Mfurnesota its agencies. departrnents and commissions;
3 . United States Army Corps of Engineers;
4. Waterched District;
5. Metropolitan Govemment, its agencies, departrnents and commissions.
M. Proof of Title. Upon reques! the Developer shall 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 tlnt the City makes no representafions or
warranties as to the condition of the soils on the property or its fitress for construction of the
improvements or any other purpose for *fiich the Developer may make use of zuch property.
The Developer further agrees that it will indemnifu, defend and hold harmless the City, its
governing body members, offic.ers, 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 pollutrnts were caused to be there by the Citv.
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 conecting any unsuitable soil conditions which may exist.
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FEE OWNER CONSENT
TO
SITE PLAN AGREEMENT #2018-18B
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
#2018-188, affirms 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.
oateatnis LlL aay or 2019.
6810, LLP,
a Minnesota limited liability partnership
By:]7l".-==-.-
Mark Undestad, Its Managing Partner
STATE OF MINNESOTA
couNTy or(q1tEv-
t,-tt"dlt"btt ity partnership, on behalfof said entity.
A.r\
N Public
DRAFTED BY:
City of Chanhassen
7700 Marka Boulevard
P. O. Box 147
C.hanhassen MN 55317
(952) 22'7-t tN
)
)ss
)
. The foregoing instrument was acknowledged before me this 38 %ay of
i-)u- lrl , 2019, by Mark Undestad, the Managing Partner 6810, LLP, a Minnesota
9
M
Ncrary hnflMrnooda
rirtrlFltU,r@a
loT Z
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
A.Lrr5s friaaou &torr iltroy'
which holds a mortgage on the subject property, the developmant of which is govemed by the
foregoing Site Plan Agreement, agees that the Site Plan Agreernent shall remain in firll force and
effect even if it forecloses on its mortgage.
Dddthls4'bd^y ot tT"q 2olr.
STATEOFMINNESOTA )
CouMrYoFOaK++ )
( ss.
The foregoing instrument was acknowledged before me tnisDaay or y')\
c €l.
NOTARY PI.JBLIC
DRAFTED BY:
City of Ctunhassen
7700 Market Boulevard
P.O. Box 147
Chanlussen" MN 55317
(9s2)227-t|N
CLYDE A KUTIMER
-,mmis':r'i,.
l0
//. oa 6 6de/,t t-,feny,.e,
2ol!, by
EXIIIBIT A
LEGAL DESCRIPTION: Lot 2, Block l, Holasek Business Park, Carver County, Minnesota
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