Site Plan Agreement 2021-04CITY OF CHANHASSEN
SITE PLAN AGR.EEMENT # 202144
I-AKE PLACE
SPECIAL PROVISIONS
1. Requert for Stte PIrn Approvrl The Developer has asked the City to approve a site plan
for a l lGrmit three-story apdm€nt building with a varimce for fte building height to allow 42
fe€t to fie midpoint of the roof (refened to in lhis Agre€,ment as the "project'). Said agreement
shall s4enede and replace Site Plan Agreement Case #: 87-3 PLID, 99-19 SPR Phases q m & ry
dated Jrme 2n,20o0, recmded as Docurnent #A638866 m December 20,2016. The land located
in Csrver County, Minnesota" is legBily descn"bed as Irt 2, Block I, Powers fudge Apartm€nt
Homes 2nd Addition, Carver County, Minnesota
2. Condldonc of Sfte Plen Approval The City her$y approves the site plan on condition
that the Developer ent€rs into this Ag€€m€nt and fumish the seority required by it
3. Development Phnr. The project shall be dweloped and maintained in accodance with the
following plms. The plans Sall not be afiached to this Contact If the plans vary fiom the mitten
terms of this fureemen! the writte,n terrns shrll sonuDl. IL plens are:
Plan A-Site Plan gepered by Civilsirc Grorp, dated 1AMDU20.
Plan B--4rading Drainage md Erosion Control Plans p,repared by Civilsite &oup, dated
lUUDAo.
Plan C-I-andscaping Plan pr€parcd by CivilSite Groq , datrd IAM/2020.
Plan D-Utility Plans gepared by CivilSite Group, dat€d |AUD020.
Plan E - SWPPP prepared by Civilsite Grcup, dated lAMl2020.
Plan F - Architectral Plans prepared by Tushie Mmgmery Architects, dar€d |UMD020
AGREEMENT dared larluant 25,2021, by and between the CITY OF CI{ANHASSEN, a
Mirnesota municipal corporatio4 (the 'Cit/), and lakes at Chanhassso, LIrC, a Minnesota
Limit€d Liability Compny (the "Developer and Ovmer").
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PROCEDURES FOR
LETTER OF CREDIT REDUCTION
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.
Any reduction shall be subject to City approval.
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6. Notices. Required notic€s to the Developer shall be in writing and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
thefollowingaddres''
H#:iffi,rr"
350 Highway 7, Suite 218
Excelsior, MN 55331
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 Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227 -1 100.
7. Other Special Conditions. City Council approves a site plan for a 1lo-unit, three-story
apartrnent building with a variance for the building height to allow 42 feet to the midpoint of the
roof subject to the following conditions:
Buildins
l. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
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4. Time of Performance. The Developer shall install all required screening and landscaping
by October 3 I , 2022. The Developer may, however, request an extension of time from the City. If
an 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 ("security") for
$106,986.50 (grading, erosion mntrol, stormwater and landscaping). The amount was calculated at
a rate of I I 0 oZ of the actual cost of improvements.
3. Buildiry plsns must trrovide $frcient infrmuim to veri& that the proposed building
meets all requir€,meflts of fte Minnesota State Building Code; additimal oomments or
requircments may be required after plan review.
4. The building is rEquir€d to have automuic fire extinguiddng sysems.
5. Stnrure proximity to property lines (and other buildings) will have m impact m the Code
for drc proposed buildings, including bnrt not limited to allowable size,
prdected openings and firo-resistive consEuction. Thce roquiremens will be addrcssed
when corylete building ad site plans are submitted-
6. Buitding plans must inchde a code malysis tho conains the following information: Key
plaq Ocoryancy goup, Type of constnrction, Allowable heigbt ad arta, FirE ryrinklem,
Separated or non-s€parate4 Fire resistive elernents (Extcrior walls, Bearing walls - ext€rior
or interior, Shaft, hcid€ntal use), Ocqpant loa4 Eidts requfued (Comon padl Travel
distance), Minimum plumbing fixnre cormt
7. Retaining walls more rhrn four-fe€t high must be designed by a professional engineer and a
building permit mus be obtained prior to cotrstsuctioo
8. A fmol gading ple md soils report must be stbmitt€rt to the Inspections Division before
building p€rmiB wi[ b€ is$od-
Eneineerins and Wat€r Resources
l. The applicant $rll s$r6i1 an qdated existing conditions srnley Wo sutmital of ffnal
construction plans wift fte following trydates:
a- The locatirm ofa second benchma* (te nrf ofsecod hydram);
b. Utility locations primarily based ofr GSOC locates and/or any as$uilt information
available (clrify'?er Plans" u the "sormc information');
c. Exising smitry manholes shall utilize city nomenclatre;
d- Show sxt€nts ry to 150 f€et be5imd site's boundary vhich are to include utilig
lines, easementg right-of-wan spot elevations, cmtours, etc.;
2. The applicmt shall escow $2,200.00 with the city as a finrncial guaratrtee for a Sre of Ore
Iocal cDst participdim based on traffc gsnerued ftom the site for a frtre traffc signal at
the intenection of Lske Drive West and Powers Boulward- The cost of the trrfrc signal is
based rryor a figure of $20 per unir
3. Drainage arrows and emergercy overflow mues dEll be illus[raf€d on updal€d cmstnrction
plans for review and approval by the city prior to issuance ofa Notice to Proceed
4. A geotechnical engineering drall be or-site during grading operations. If gr,oundwater is
encountered during grading, grades shall be adjusted to maintain a three foot separation
fro,m the bottorr floor elevation and adhering to the recommeodations of the soil engmeer
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on site. Changes to grades shall be submitt€d to the city for review and ryproval.
5. The applicant shall supply lhe city with a detailed haul route for review and approval by
staff for materials imported to or exported from the site. If the mat€rial is proposed to be
removed off site to mother location in Chanhassen, that prqperty owner will be required to
obtain m earttwork permit fiom the city.
6. Drrdng the course of grading and/m constnrctim if my drain tile is discovered, the
developer shall noti! the City Enginee ed sb8ll relocate a abadof, the drain tile as
directed"
8. Any grading approved within the public right-of-way shall require the execution of a
temporary construction easement bet\reen the applicant and the city.
9. The applicant shall apply fr and obtain permits from the appopriate regulatory agencies, as
nec€ssary, i.e. Riley Purgalory Bluff Creek Watenhed Dsrict Carver County, Minnesota
Pollnion Contol Agency, Mimesota Oeearment of Natral Resources, Army Corps of
Engineerq etc. and comply with their conditions of app,roval.
10. The applicant shall €nt€r into a site plan agree,ment with the city and provide necessary
ftEncial seorrity to gursntee coryliance with tb€ terms of site plan approval. This slnll
include, but is not limited tn, llf/o of the estimated co$s of constrrrtim for grading
erosion cmtrol and $ormwater iryrorrements associared with the developrnent
I l. The Stormwat€r It lanagem€ilt Report md modeling shail be Wdated to include analpis of
downsEeam p$lic conveyance and stormwater BMPs that are being pmposed to be
connected to in mder to emsurc they will function wilh the increase in
stormwater volumes.
12. The applicant shall adjust stormwata ba$ns to be wholly ouride any public easements.
13. The oristing carch basin Foeosed to be connected to within I:ke Drive West stull be
rc,moved and a new ca&h basin manhole corctruc{ed in od€r to properly ficilitarc the
connectim to city stmdrds. A te,rycary raffic control plan will be required in association
withthiswork
15. The applicant shall rpdate the Stonnwat€r Management Report to include narrative
regarding the t€nch drain qatem near the underground parking effiance and indicate the
discharge point of sttrrnwater being prnped into the building Per Sec. 1944 of City
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7. All retaining walls exceeding four feet in height shall have plans and details prepared by a
regist€{€d €ngine€r or lmdscape architeci prior to issumce ofbuilding p€rmis.
14. Drain tile locared within the northwest filration Eist€m are requir€d to have tracer vdre,
plans shalt be updated accordingly.
Ordinanceg no $orrnwater shall be dischrged into the sanitary sewer sptem.
16. The ryplicant $all comfirrn all applicable w€tlmd p€rmiting and/or mitiption has been
coryleted prior to comtn€noem€nt of grading A€ratioos.
17. The applicmt drell sttain all rcqufu€d for woft orxside of the property limits
prim to coosruction sc'tivities.
18. The aprplicant shall subrnit rational-melhod calc"lations to confrm frat &e storm sewer is
adequately sized for the l0-par rainfall ev€nt This $rll also include all downstrem
public systerns that are being proposed to be tied into.
20. The applicmt shrll goolElD pmeosd rates ue less than exiSing fm all sttrm eveots,
including but not limited to the l0{ay snow melt
21. The applicant $nll sg[6i1 slecuoni., native co,pies of the ocisting and proposed P8 models
fo review and approval.
22. The applicant shall sffit/ the total exi*ing furyeryious arEa, total proposed iryervious
area" and the amormt of iryervians area directed to the filtration system as the existing and
proecod impervious areas noted in the *ormwarer narratiw do not conespond with the
impervious arcas listed on fte SWPPP.
23. The applicant shall clari& where the 6" drain tile Aom &e undergrond filtsatim basin will
outlet and updarc plans aocordingly.
25. The utility plm ad HydroCAD model show 24" strage pipes being utilized fff tht
rmderground filtratim qMem howwer tbe detail $oc/s 36" pipes. Plms shall be updatd to
be consisent
26. A crws sectim for the propocod abov+grormd filtruim basin shall be provided on qdated
cmstnrction Plens.
27. All connectims meftodologies to exising storm stnrchEes shall be noted md provided m
updated consnrction plms.
28. tnlet protection shall be shonn fm the aisting catch basins just east of the cmstruction
entsance.
29. The applicant and their €ngneer shnll q,,or1 with city staff on amerding the p,reliminary
co$auction plans, dat€d December 4, 2020, pr€ear€d by Mauhew R Pave\ PE witlt
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24. The applicant dnll clar$ the elevatim of the 6" PVC pipe comiry inlo the above-grormd
filration qretem and rpdate fte plans acco,rdirgly. Note that the grading plans Sow the
basin grdd down to I 930. Applic8nt shall confirm elevatims for the basin and confinn
HydroCAD modeling is rtpresentative of the plans.
Civilsite GroW, to fully satisfr $aff concerns. Final coostruction plans will be subject to
review and app,roval by staff
30. The applicant shall 6t66s1g ftg p,reos€d monurrcat sign wtolly outside the public drainage
utility easement od public right-of-way.
Enviro,nmental Resources
l. A total of 16 ov€r-$ory trees shall be located around the parking lot and drivewap.
2. Saeering through the use of Srubs $a[ be sdded to the sortrh side of the building at the
west side alomg tre entry &ive.
3. The applicant Sall remove Colorado spruce and Northwoods Red maple from the plant
schedule. An alternative selectim of tees Sall meet city odinmce for diversity (3G.2G10)
and be qpropriate for clry compocted soils.
4. A total of eight over-story borlevard uees *nll be plantod along Iake Drive West outside
ofthe right-of-way.
5. Applicant strall increase understory trees in buffer yrd along Lake Drive West to meet
minimum requirements.
6. The PUD agle€tn€nt states that the applicant shall provide a minimtrm of $Sfi).(X) of
landraping per multi-family unir The applicant shall pmvide the city wilh I cost estimate
for the required lmdscaping at the time of building permit approval Sowing coryliance
with this rcquiremenr
Fire
l. All egress dous on all sides should have a bsd surface Etr ltat leads fio,m the egress door
to the public right-of-way.
Parks
l. The developer shnlt pay $194,333.04 in Pa* fees with the building permit
2. The dweloper shall be rcsponsible for constructim of the Iake Ihive West trail along the
northwest portion ofthe property.
Plsnning
l. The dweloper shall enter into a site plan agreernent and povide fte secrrity requfu€d by it
prior to receiving I hilding p€rmit
2. The develqer shall be reCuird to €nt€r into a Tax hctement Financing Agr€ern€nt
ensrring the aflodability ofthe rmits.
3. A seprate sign pemit ryplicatiom, review and approval $all be required p,rior to site sigr
installation-
4. The develqer shall connect fte sidewalks on the eastern side of the building to the
sidewalk to I:ke Drive amd on the westem sides of the building to kke Drive.
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5. A revised lighting plan with photo metrics shall be submitted for city review ard approval.
6. The developer shall recod cross parting and cross access agreernats with the other parcels
in the Powers Ridge developm.ent
8. Genenl Condtlona The general conditims of this Agreemem ue afiached as Exhibit nA"
and incorporated herein
9. Counterprrt. This Agrcement rnay be execrfed in any number of cormterprtg each of
which shall constinte one ard the same instsument
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CITY OF CHANHASSEN
Elise Rym,
Laurie Hokkanem, City Manager
STATE OF MINNESOTA
COI,]NTYOF CARVER
The fo,regoing instrument was acknowledged before me thisdlay of 2o4l
by Elise Rpn, lvlayor, and by laurie Hokkane4 City Manager, of tbe City Chanhassen, a
Minnesota municipal corporatio4 on behalf ofthe corporation and pursuant to the authority granted..
ss
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NOTARY
KIM T, MEUWISSEN
iu.ry R/blHrkn€sota
tD O$H*n E0ai..h Itt. 2@t
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BY:
1Ut{o, lfiAttkttfdFl^-Alx\
by its City Council.
BY
DEVEIOPER:
Its: Manager
NOTARYPUBLIC
STATE OF MINNESOTA
Company.
DRAFTD BY:
City of Chohao
Tru Matd Bq st"d
P. O. Box 147
Cbobm, MN 55317
(952)/r1-ttm
ss.
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ndl The foregoing insrument was aclnowlodged b"f-" ," 6i. J- ey $ (/ /') / / -b!,Todd M. simins Mamg% utes ucnanhassen, r,rc,-a lrlin6taiffit a u*irif,
PAIiELA NN $MNING
NOTABY PUBIJC. UINNESOTA
MY COMMISSNN APIRES 0181/22
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l. Right to kocecd. Mthin the sit€ plan arca, the Dweloper may not grade or otherwise disuub
the eartt, remove tre€s, cotrstsuct furprovements, or any buildings rmtil all the following conditions
have been satisfied: l) this site plan agreement has been fully executed by both parties and filed
with the City Cledq 2) the necessary security and fees have been received by the City, and 3) the
City has iszued a building pernit in reliance on the foregoing conditions having be€n satisfied-
2. Maintcnance of dte. The site shall be maintained in accordance with the approved site plan
Plants and ground cover required as a condition of site plan aproval u/hich die shall be promptly
replaced
3. Liceme. The Developer hereby grants the City, its agents, employees, offcers and contraclors
a license to €nt€r the site to perform all work and inspections de€,med rypropriate by the City in
conjmction with site plm developmenf
4. Eroslon Contrrol Before the sirc is rcugh gradd and befae any buildirg pgmits are issud
the erosion control plarL Plan B, shall be inple.mente( inspecte4 and approved by the City. The
Crty may irryose additional erosion mntrol requirc,ments if they would be b€neficid. All areas
disu6ed by the orcavation and bacldlling operations dralt be r€seeded fodwith after the
completim of the woft in that area Exc€pt as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a terporary gmmd cover as rapidly as pcuible. All seeded areas
shall be fertilize( mulche( and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion If the Developer does not coryly with
the erosion mntrrol plan and schedule or srryplementary insructions received ft,om the City, the City
may take zuch action as it de€rrs egopriale to contsol erosion at the Developeds orpense. The
City will endeavor to notifi the Developer in advance of any p,oposed action, but fiilure of the City
to do so will not affect the Developet's and Cit/s rights or obligations herermder. No development
will be allowed and no building permits will be issued unless there is full coryliance with the
erosion control Emsion control dull be maintaind until vegetative cover has been
restor€d- After the site has been stabilized to where in the opinion of the City, there is no longer a
need for erosion cmtrol, the City will authorize rernoval ofthe erosion control rneasures.
5. Cleen up. The Developer slull maintain a neat and orderly wrk site and dral'l daily clean, on
and off site, dirt and debriq including blowableq ftom steets and the surrounding arca tbat hrs
resllted from consructior work by the Developer, its aguts or assigns.
6. Wrrmrty. All trees, grass, and sod required in the approved Iandscaping Plao, Plm 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) mmtts fro,m the time of planting. The Developer m his contractor(s)
shall post a leter of credit m cash escrow to the City to secure the warranties at the time of final
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CITY OF CHANHASSEN
SIIE PLAN AGREEMENT
D(HIBTT -A"
GENERALCONDMON
acceptance.
7. Reqondbitrty for Cofi.
A. The Developer dnll hold 6e Ctty and its offic€rs md employees hrmless from clairs
mede by itself and third paties for dqmrges sstained or cmts incurred r€$hing from site
plan approval md development The Developer shall indemify the City and its officers
and ernplo),€es ftr ail costs, damages, or exp€nses which the City may pay or incur in
consequence ofsuch cleims, including attomeys' fees.
B. The Developer shall reimburse the City for costs incurr€d in the enforcement of this Pemrit,
including engine€ring and arome5m' fees.
C. The Developer shall pay in firll all bills submified to it by the City for obliguions inorred
under this Permit $,itrin thirty (30) days after receipt If the bills 8r€ not paid on time, the
City may hah all dwelopm.ent work and cmstruction. Bills not paid within thirty (30) days
shel'l accrue interest at the rate of 8% per year.
8. Dwdqrerir Defeult In the event of default by the Developer as to any of the work to be
performed by it hereund€r, the City may, at its option, perform the work and the Developer shall
prorytly reimburse fte 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) &p in advmce. This Contract is a
license for the Clty to acq a(d it shell not be necessary for the City to s€ek a Court onder for
permission to enter the land- When the City does any such worlq the City may, in addition to its
other remedieg assess the cost in whole or in part
9. MfocrIhneous.
A. Construction Trailen. Placement of on-site constsuction trailers and temporary job site
offices shall be approved by the City Engrneer. Traileis shell [6 rc6syed ftrom the subject
Foperty wimin thirty (30) dafn following the issrunce of a certificate of occrpancy rmless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall pmvide for the maintenance of posal service in
accordance with the local Posmasteds r€quest.
C. Third Parties. Third parties shell have no recoruse agains the City under this Agreernent
D. Breach of Contracl Breach of the tetms of this Agreernent by the Developer $all be
grounds for denial ofbuilding pennits.
E. Swerabilitv. If any pmtion, sectiql subsectior\ s€ntencq clause, paragr4h, or ptnase of
this Agree,ment is fm any reason held invali4 such decision shall not affect the validity of
1fo6 paaining portion of this Contract
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for vfiich a building permit is issuod on eith€r a t€,mporary or p€rmanent basis until
the stseets neded for access bave been paved with a biurminous srrhce and the utilities
tested and aproved by the city.
G. Waivers/Amendments. The action r inactim of the City shall not constitute a qraiver or
amendment to the provisions of this Confact To be binding, amendments o. *"irsrs shaU
be in writing, siped by the parties and approved by c/ritten resolution of the City Cormcil.
The Cit/s failure to promptly take legal action to enfuce this Qsnlact shall not be a waiver
or release.
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H. Recording. This Agrce,ment shall nm with the lad and may be reco,rded against the tifle to
the pmperty.
L Re,medies. Each rig[q power or remedy herein conferred ryon the City is cumulative md in
addition to every other riglt, power u rc,medy, ocpress m implie( now or hereafter rising
available to City, at law or in equity, or rmder any other agreemeirt, and each and every
right, power and remedy herein set forth or otherwise so exi$ing may be exercised ftrom
time to time as often and in such mder as may be deemed expodient by the City and shall
not be a waiver of the riglt to exercise at 8ny rim6 thereafter any other right, power or
rernedy.
J. Conshrction Hors. The normal constsuction hous under this contract dull be frorn 7:00
am- to 9:fi) p.m" m weekdays, frorn 9:fi) &m" to 5:00 p.m- m Sannrdayq with no srch
activity dlowed on Smdays or any recognized leg8l holidays. Consruction activities in
conjunctiur with new developrmens and city improvem€nt projects, inclding htr trot
limit€d to grading, utility insallation md pcving, r€quiring the use ofheavy equipent shall
be p€rmitt€d 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 Sanudays. No snch activity is p€rmified m Sundaln or public holidays.
Operatiur of all internal combustion engines used for constsustion or dcwatering purpos€s
beSond the nonnal wo*ing hours will requfue City Courcil apercval.
IC Soil Treatment Stntems. If soil treament systems are required, the Dweloper shall cledy
identi$ in the field and 1lrdect from alteratio,n, unless suitable alt€mstive sites are first
provido4 the two soil tr€ament sites ideirtified dring the sirc plan p,rocess for each loL
This Sall be done prior to the isumce of a Grading Pemit Any violation/dig.utance of
these sites $all rcnder them as urucceptable and replacement sit€s will need to be located
fot each violated site in ord€r to ottain a building permit
L. Comlrliarce with Iasls. Ordinmces" md Requlatims. In the develop,rnent of the site plm,
the Developer shall coryly with aI lawq ordinanc€q and reguluions of fte following
authorities:
l. City of Chmhasseq2. Sarc of Minnesota, its agencies, deparments and commissions;
3. Unit€d States futny Corps of Engineers;
4. Wat€rshod Districq
5. Metropolitm Government, its agencies, @tu€ils md cmmissions.
M. Proof of Title. Upm rcquest, the Developer shall firmish the City with evidencc satisfactor/
to fre City that it has the aftority of the fee owners and cmtract for deed purchaseis tm
ent€r into this Developm€nt Contract
N. Soil Conditions. The Developer acknowledges that fte City makes no r€pr€s€ntations or
warranties as to the oondition of the soils on the pmperty or its fitness for cmstructim of
the improve, e, rG r ay other purpose for which fre Developer may make use of srch
fperty. The Developer firrther agrees filat it wil ind€mify, defen4 and hold harmless
the City, its goveming body members, officers, and e,mployees fiom any claims or actioos
arising ortr of the pres€nce, if any, ofhezs'dous wast6 or polhfsrts on the property, unless
hazardous wastes or polhrants wer,e caus€d to bc there by the City.
O. Soil Correction. Tbe Developet sball be rcspmsible for soil correction work on the
property. The City makes no rqrcs€ntation to the Developer concerning the rahre of
zuiability of soils oor the cost of corr€cting 8ny un$itable soil coaditisrs which may orisr
Bridgewater Bank. a Minnesota Banking Corporation. ISAOA. ATIMA. which holds a mortgagE
on the subject property, the development of which is govemed by the foregoing Site Plan
Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it
Dated this 5 day of Vr ,\OZJ.
UF
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing i was acknowledged before me this day of
2o?.by o
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen. MN 55317
(9s2)227-n00
@ MNOJRJI.i,|EK
Er F{PUB|E. tlfit€son
l{Y@ rsso{ DAnES 0t!1i25
l3
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
forecloses on its mortgage.
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