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.
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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:
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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
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AND:
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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
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2oILby
Minnesota
N PUBLI
KIM T. MEUWISSEN
Notary Public-Minnesota
[,ty cortmfrgbo Erplroc Jan 3l , a)eo
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-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
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Ui*"*tu Co.po.atlott --f-
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NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Clunhasrn, MN 55317
(952)227-rN
BY
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LINDA C DAHL
NOTARY PUBLIC. MINNHOTA
MY COMMISSION EXPIRTS OININI)2I
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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
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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.
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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.
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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
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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
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EXHIBIT A
LEGAL DESCRIPTION: Lot 3, Block l, Holasek Business Park, Carver County, Minnesota
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