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Site Plan Agreement 2018-18C - RecordedDocument #: A681060 Date: 08{6-2019 Time:03:11 PM Pages: 1l Recording Fee: $46.00 Paid on 08-06-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder CITY OF CHANHASSEN SITE PLAN AGREEMENT #2018.18C Holasek Business Park SPECIAL PROVISIONS AGREEMENT dated December 10, 2018, by and betrveen the CITY OF CFIANHASSEN. a Mirmesota mruricipal corporatiorL (the "City"), and Eden Trace Corporatiorl a Minnesota Corporatiorl (the "Developer"). L 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 mezzar.ine (Building C) (refened to in this Agreanent as the "project"). The land located in Carver County. Mirnesota is legally described as Lots 3, Block 1. Holasek Business Park Carver Courty, Minnesota 2. Conditions of Site Plan Approval The City hereby approves the site plan on condition that the Developer enters into this Agreanent 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 rhe plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A-Site Plan prepared by Sambateh dated 10/192018, revised lll02l20l8. Plan B--Crading, Drainage and Erosion Contol Plans prepared by Sambeteh daled l0ll9l20l8, revised 1l/02l2018. Plan C-Landscaping Plan prepared by Sambatek, dated 10/19/2018, revised ll/02/2018. Plan D - Erosion Conrol Plan prepared by Sambatek daled 10/19/2018, revised ll/022018. Plan E - Utility Plan prepared by Sambatelq dated 10/192018, revised 11102D018. Plan F - Building Floor and Elevations Plan prepared by Edward Far Architects, Inc., dated t0/,9n018. 6 I 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2021. Ttre Developer may, however, request an exension of time from the City. If an extension is granted, it shall be conditioned upon ufrating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Securi(v. To guarantee compliance with the terms of this Agreement, the Developer shall firnish the City with a letter of credit from a bank cash escrow. or equivalent ("security") for $24500.00 (erosion control and landscaping). Ifthe Developer requess 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 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. Notic*s 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: Mark Undestad Prrsident Eden Trace Corporation 8821 Sunset Trail Chanhassen, MN. 55317 Notices to the City strall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves site plans for a total of449,350 square feet of buildings in three office industrial buildings with areas of 161,500 or up to 179,500 square feet with a mezzanillLe @uilding 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 a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. 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. 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 Agreemant are atached as Exhibit "A" and incorporated herein. 9. Counterparts This Agreement may be executed in any number of counterpartq each of which shall constitute one and the same instrument. CITY OF CHANHASSEN BY Elise Ryan, Gerhar& City 3 AND: .;.::,i:::Si.S ,., ,,,. ..., '.......". c. Community features including benches, bike racks and picnic tables shall be incorporated in the site. {rt* /lur^"- STATE OF MINNESOTA COT]NTY OF CAR\ER The foregoing instrument was acknowledged before me tms.2laay Elise Ryan Mayol and by Todd Gerhardt, City Manager. of the City of Chanhassen municipal corporatiorq on behalf of the corporation and Council. to the authority grarted by ir City SS ) ( ) 2oILby Minnesota N PUBLI KIM T. MEUWISSEN Notary Public-Minnesota [,ty cortmfrgbo Erplroc Jan 3l , a)eo 4 -T EDEN TRACE CORPORATION Undestad Its President STATE OF MINNESOTA cor.,NrY oFll pflUtR The foregorng instrument was acknowledged before me ttris -5 aav of Felruart<.1, . ZO!! Uy rraart finaita4 President, Eden Trace Corporuiorl " Ui*"*tu Co.po.atlott --f- V, ^-r* (. ildl/ NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Clunhasrn, MN 55317 (952)227-rN BY ss. ) ( ) LINDA C DAHL NOTARY PUBLIC. MINNHOTA MY COMMISSION EXPIRTS OININI)2I 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 othenvise 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 firlly executed by both parties and fild with tlrc 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. Emsion Control Before the site is rough gmded" and before any building permits are issued- the erosion control plaq Plan B, shall be implemented, inspecte4 and approved by tte City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturH by the excavation and backfilling operations shall be reseeded forthwith after the mmpletion of the work in that arca Except as otherwise provided in the erosion control pla& seed shall be certifid seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched. and disc anchored as nffissary 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 supplernentary instructions 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 endeavor to notiff the Developer in advance of any proposed actioq but failwe 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 conrol requirernants. Erosion control shall be maintained until vegetative cover has been resored. After the site has been stabilized to where. in the opinion of the Cit-v. there is no longer a need for erosion control. the City will authorize removal ofthe 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. Waranty. All trees, grass, and sod required in the approved Landscaping Plan. Plan C. shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final 6 ( acceptance. 7. Responsibility for Costs A. The Developer shall hold the City and its officen and employees harmless from claims made by itself and third parties for damages sustained or costs incuned resulting from site plan approval and development. The Developer shall indemnifi the City and its officem and employees for all costq damages, or expenses *trich the Crty may pay or incur in consequence of such claims, including attomeys fees. B. The Developer strall 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 incuned wder this Peflnit within thtty (30) days after receip. 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 8olo per year. 8. Developer's Defautt 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 optioq perform the work and the Developer stmll 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 licens€ 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, asses the cost in whole or in part. 9. Miscellaneous. A. Consrucdon Trailers. Placement of on-site construction trailers and tanporary job site offices strall 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 occupar,cy 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 Postnaste/s requesL C. Third Parties. Thtd 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 stnll be grounds for denial of building permits. E. Severabilitv. If any portiorL section, subsectiorL sentence, clause, paragrap[ or phrase of this Ag€ement 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 sreets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. WaiverJAmendments. The action or inaction of the City strall not constitute a waiver or amendment to the provisions of this Contact. To be binding, amendments or waivers slnll be in writing, sigred by the parties and approved by written resolution of the City Council. The City's failure to promptly ake legal action to enforce this Contract slrall not be a waiver or release. 7 H. Recording. This Agreement shall run with the 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 implied, now or hereafter arising, available to City, at law or in equity, or uder any other agreement, and each and every righ! 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 stnll not be a waiver ofthe right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract strall 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 zuch activity allowed on Sundays or any recognized legal holidays. Constuction activities in conjmction with new developments and city improvernent projects, including but not limited to gnding. utility installation and paving, requiring the use of heavy equipment strall be permitted between the hours of 7:00 am. and 6:00 p.m. on any weekday and 9:00 am. and 5:00 p.m. on Saturdays. No such activity is frmitted on Sundays or public holidays. Operation of all intemal combustion engines used for construction or dewatering puposes beyond the normal working hours will require City Council approval. K. Soil Treaunent Systems. If soil treatrnent systems arc required, the Developer slnll clearly identi& in the field and protect from alteration, unless suitable altemative sites are first provide4 the two soil teatrnent 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 violated site in order to obtain a building permit. L. Compliance with [aws. Ordinances. and Regulations. In the development of the site plan, the Developer slrall comply witl all laws, ordinances, and regulations of the following authorities: I. Ciry ofChanlnssen: 2. State of Minnesota its agencies. departrnents and commissions; 3. United States fumy Corps of Engineers; 4. Watershed District; 5. MeEopolitan Govemment, its agencies, departnents and commissions. M. Proof of Title. Upon request, 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 repres€ntations or warranties as to the condition of the soils on the prope4y or its fitness for construction of the improvernents or any other purpose for which the Developer may make use of zuch property. The Developer firther agrees that it will indemnify, defen4 and hold hannless the City, its goveming 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 Cit"v. O. Soil Correction. The Developer shall be responsible for soil conection work on the property. The City makes no representation to the Developer conceming the nature of suiability of soils nor the cost of correcting any wsuitable soil conditions which may exist. 8 CONSENT Owners ofall or part of the zubject property, the development of which is governed by the foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this 5{ day of ,20/? Mark Undestad Manaqine Paftler STATE OF MINNESOTA COUNTYOFCAPVE? - The foregoing insrument was acknowledged before me thir 5 day of F<-br uattl ZO-]s by Ma*-U;e$ad" Managing Partrer, S & S DevelopmenfllP, " rurin"esora Lffi Liability Partnership U/r.( NOTARY PUBLIC By SS ) ( ) DRATTED BY: City ofclunhssseo 700 Msrker Boulevrd P O. Box 147 Cluoluss.o, MN 553 I 7( 2\227-lrco UNDACDAHL NOIAIY PIEUC. UINNESOTA MY CoMIi|ISSI0N D(PIRES olfl n02l 9 EXHIBIT A LEGAL DESCRIPTION: Lot 3, Block l, Holasek Business Park, Carver County, Minnesota il