_Site Plan Agreement - Recorded CAMPBELL KNUTSON
PROFESSIONAL * ASSOCIATION
August 19, 2021
Elliott B. Knetsch RECEIVED
Joel J.Jamnik
Andrea McDowell Poehler Bob Generous AUG 2 3 2021
Soren M.Mattick City of Chanhassen
David S. Kendall 7700 Market Boulevard
Henry A. Schaeffer,III CITY OF CHANHASSEN
Alina Schwartz P.O. Box 147
Shana N. Conklin Chanhassen, MN 55317
James J. Monge,III
Jerome M. Porter Re: Site Plan Agreement#2021-04/ Lake Place
Leah C.M.Koch
Meagan K. Kelley
Benjamin J. Colburn Dear Mr. Generous:
Jared D.Shepherd
Thomas J. Campbell* I am returning to you for the City's files the original recorded document referenced
Roger N. Knutson* above. Said document was erecorded July 6, 2021 as Carver County Document No.
*Retired A728053.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Associ ion
Je lson, Legal Assistant
/jmo
Enclosures
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 53121
Main:651-432-i000
Fax:6s1-234-6237
W SVW.ck-law.corn
217412vI
Document Number: A728053
Filed and/or Recorded on
]ul 6, 2021 10:03 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy CS
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: City of Chanhassen
Pages: 13
CITY OF CHANHASSEN
SITE PLAN AGREEMENT#2021-04
LAKE PLACE
SPECIAL PROVISIONS
AGREEMENT dated January 25,2021,by and between the CITY OF CHANHASSEN,a
Minnesota municipal corporation,(the"City"),and Lakes at Chanhassen,LLC,a Minnesota
Limited Liability Company(the"Developer and Owner").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 110-unit, three-story apartment building with a variance for the building height to allow 42
feet to the midpoint of the roof(referred to in this Agreement as the "project"). Said agreement
shall supersede and replace Site Plan Agreement Case#: 87-3 PUD, 99-19 SPR Phases II,III&IV,
dated June 26, 2000, recorded as Document#A638866 on December 20, 2016. The land located
in Carver County, Minnesota, is legally described as Lot 2, Block 1, Powers Ridge Apartment
Homes 2nd Addition,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 furnish 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 the plans vary from the written
terms of this Agreement,the written terms shall control.The plans are:
Plan A—Site Plan prepared by CivilSite Group,dated 12/04/2020.
Plan B--Grading,Drainage and Erosion Control Plans prepared by CivilSite Group, dated
12/04/2020.
Plan C—Landscaping Plan prepared by CivilSite Group,dated 12/04/2020.
Plan D—Utility Plans prepared by CivilSite Group,dated 12/04/2020.
Plan E—SWPPP prepared by CivilSite Group, dated 12/04/2020.
Plan F—Architectural Plans prepared by Tushie Mongomery Architects,dated 12/04/2020
1
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 31, 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
furnish the City with a letter of credit from a bank, cash escrow, or equivalent("security") for
$106,986.50 (grading, erosion control, stormwater and landscaping). The amount was calculated at
a rate of 110 %of the actual cost of improvements.
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 City approval.
6. Notices. Required notices 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
the following address:
Mr. Todd Simning
Chanhassen Lakes, LLC
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) 227-1100.
7. Other Special Conditions. City Council approves a site plan for a 110-unit, three-story
apartment building with a variance for the building height to allow 42 feet to the midpoint of the
roof subject to the following conditions:
Building
1. 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.
2
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
4. The building is required to have automatic fire extinguishing systems.
5. Structure proximity to property lines (and other buildings)will have an impact on the Code
requirements for the proposed buildings, including but not limited to allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
6. Building plans must include a code analysis that contains the following information: Key
plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers,
Separated or non-separated, Fire resistive elements (Exterior walls, Bearing walls -exterior
or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance),Minimum plumbing fixture count.
7. Retaining walls more than four-feet high must be designed by a professional engineer and a
building permit must be obtained prior to construction.
8. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
Engineering and Water Resources
1. The applicant shall submit an updated existing conditions survey upon submittal of final
construction plans with the following updates:
a. The location of a second benchmark(top nut of second hydrant);
b. Utility locations primarily based off GSOC locates and/or any as-built information
available(clarify"Per Plans"or the"source information");
c. Existing sanitary manholes shall utili7P city nomenclature;
d. Show extents up to 150 feet beyond site's boundary which are to include utility
lines,easements,right-of-way,spot elevations,contours, etc.;
2. The applicant shall escrow$2,200.00 with the city as a financial guarantee for a share of the
local cost participation based on traffic generated from the site for a future traffic signal at
the intersection of Lake Drive West and Powers Boulevard. The cost of the traffic signal is
based upon a figure of$20 per unit.
3. Drainage arrows and emergency overflow routes shall be illustrated on updated construction
plans for review and approval by the city prior to issuance of a Notice to Proceed.
4. A geotechnical engineering shall be on-site during grading operations. If groundwater is
encountered during grading, grades shall be adjusted to maintain a three foot separation
from the bottom floor elevation and adhering to the recommendations of the soil engineer
3
on site.Changes to grades shall be submitted to the city for review and approval.
5. The applicant shall supply the city with a detailed haul route for review and approval by
staff for materials imported to or exported from the site. If the material is proposed to be
removed off site to another location in Chanhassen,that property owner will be required to
obtain an earthwork permit from the city.
6. During the course of grading and/or construction if any drain tile is discovered, the
developer shall notify the City Engineer and shall relocate or abandon the drain tile as
directed.
7. All retaining walls exceeding four feet in height shall have plans and details prepared by a
registered engineer or landscape architect prior to issuance of building permits.
8. Any grading approved within the public right-of-way shall require the execution of a
temporary construction easement between the applicant and the city.
9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,as
necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of
Engineers,etc. and comply with their conditions of approval.
10. The applicant shall enter into a site plan agreement with the city and provide necessary
financial security to guarantee compliance with the terms of site plan approval. This shall
include, but is not limited to, 110% of the estimated costs of construction for grading,
erosion control and stormwater improvements associated with the development.
11. The Stormwater Management Report and modeling shall be updated to include analysis of
downstream public conveyance and stormwater BMPs that are being proposed to be
connected to in order to ensure they will adequately function with the increase in
stormwater volumes.
12. The applicant shall adjust stormwater basins to be wholly outside any public easements.
13. The existing catch basin proposed to be connected to within Lake Drive West shall be
removed and a new catch basin manhole constructed in order to properly facilitate the
connection to city standards. A temporary traffic control plan will be required in association
with this work.
14. Drain tile located within the northwest filtration system are required to have tracer wire,
plans shall be updated accordingly.
15. The applicant shall update the Stormwater Management Report to include narrative
regarding the trench drain system near the underground parking entrance and indicate the
discharge point of stormwater being pumped into the building. Per Sec. 19-44 of City
4
Ordinances,no stormwater shall be discharged into the sanitary sewer system.
16. The applicant shall confirm all applicable wetland permitting and/or mitigation has been
completed prior to commencement of grading operations.
17. The applicant shall obtain all required permission for work outside of the property limits
prior to construction activities.
18. The applicant shall submit rational-method calculations to confirm that the storm sewer is
adequately sized for the 10-year rainfall event. This shall also include all downstream
public systems that are being proposed to be tied into.
20. The applicant shall confirm proposed rates are less than existing for all storm events,
including but not limited to the 10-day snow melt.
21. The applicant shall submit electronic,native copies of the existing and proposed P8 models
for review and approval.
22. The applicant shall clarify the total existing impervious area, total proposed impervious
area, and the amount of impervious area directed to the filtration system as the existing and
proposed impervious areas noted in the stormwater narrative do not correspond with the
impervious areas listed on the SWPPP.
23. The applicant shall clarify where the 6"drain tile from the underground filtration basin will
outlet and update plans accordingly.
24. The applicant shall clarify the elevation of the 6"PVC pipe coming into the above-ground
filtration system and update the plans accordingly. Note that the grading plans show the
basin graded down to a 930. Applicant shall confirm elevations for the basin and confirm
HydroCAD modeling is representative of the plans.
25. The utility plan and HydroCAD model show 24" storage pipes being utilized for the
underground filtration system however the detail shows 36"pipes.Plans shall be updated to
be consistent.
26. A cross section for the proposed above-ground filtration basin shall be provided on updated
construction plans.
27. All connections methodologies to existing storm structures shall be noted and provided on
updated construction plans.
28. Inlet protection shall be shown for the existing catch basins just east of the construction
entrance.
29. The applicant and their engineer shall work with city staff on amending the preliminary
construction plans, dated December 4, 2020, prepared by Matthew R. Pavek, PE with
5
CivilSite Group, to fully satisfy staff concerns. Final construction plans will be subject to
review and approval by staff.
30. The applicant shall relocate the proposed monument sign wholly outside the public drainage
utility easement and public right-of-way.
Environmental Resources
1. A total of 16 over-story trees shall be located around the parking lot and driveways.
2. Screening through the use of shrubs shall be added to the south side of the building at the
west side along the entry drive.
3. The applicant shall remove Colorado spruce and Northwoods Red maple from the plant
schedule. An alternative selection of trees shall meet city ordinance for diversity(30-20-10)
and be appropriate for clay,compacted soils.
4. A total of eight over-story boulevard trees shall be planted along Lake Drive West outside
of the right-of-way.
5. Applicant shall increase understory trees in buffer yard along Lake Drive West to meet
minimum requirements.
6. The PUD agreement states that the applicant shall provide a minimum of $500.00 of
landscaping per multi-family unit. The applicant shall provide the city with a cost estimate
for the required landscaping at the time of building permit approval showing compliance
with this requirement.
Fire
1. All egress doors on all sides should have a hard surface path that leads from the egress door
to the public right-of-way.
Parks
1. The developer shall pay$194,333.04 in Park fees with the building permit.
2. The developer shall be responsible for construction of the Lake Drive West trail along the
northwest portion of the property.
Planning
1. The developer shall enter into a site plan agreement and provide the security required by it
prior to receiving a building permit.
2. The developer shall be required to enter into a Tax Inclement Financing Agreement
ensuring the affordability of the units.
3. A separate sign permit application, review and approval shall be required prior to site sign
installation.
4. The developer shall connect the sidewalks on the eastern side of the building to the
sidewalk to Lake Drive and on the western sides of the building to Lake Drive.
6
5. A revised lighting plan with photo metrics shall be submitted for city review and approval.
6. The developer shall record cross parking and cross access agreements with the other parcels
in the Powers Ridge development.
8. General Conditions. The general conditions of this Agreement 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.
7
s
�:,
�! yr.f p �i;i
.r% �,., CITY OF CHANHASSEN'
d�f,s4 s..:°e ;. ceir4
sjag' e r ,2A'w b ;-., f`�I �-
r 1 N yf a `,'i`J r' �� '0.0.
BY:
V �lf�'
eC S
°'� 0:_ f ' Elise Ryan, r
�i.,, ea% a�',I
�, �roeo c� ;:1a
'04-6tAtv\
'�e i.) °'� AND: ���� � I '"
C
``'Muectiitt'r':• Laurie Hokkanen,City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this(O��day of IA pr I. ) ,20Z 1,
by Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted
by its City Council. 1
NOTARY PUBLI
;vi `; KIM T. MEUWISSEN
�1"..,:4j Notary Pub{lo-Minnesota
ets?,Nh OdednMolon ExpM.a Jn 91.2025
8
DEVELOPER.:
BY: P
Its: Manager
STATE OF MINNESOTA )
(ss.
COUNTY OFe / , )
The foregoing instrument was acknowledged before me this day of ( /
20/N by Todd M. Simning, Manager, Lakes at Chanhassen, LLC, a Minnesota Li �ited Liability
Company.
16/22Llo zn212_ 1c
NOTARY PUBLIC
DRAFTEE BY:
City of Chanhassen PAMELA ANN SIMNING
7arket Boulevard P.
O.
M et,x 147
NOTAfiY PUBLIC•MINNESOTA
Chanhassen,MN 55317 MY COMMISSION EXPIRES 01I3i122
(952)227-1100
9
(
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT"A"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise 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 fully executed by both parties and filed
with the 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. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, 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 bacicfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary 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 controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City,the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify 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 hereunder. No development
will be allowed and no building permits will be issued unless there is full 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 of the City, there is no longer a
need for erosion control,the City will authorize removal of the 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. 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 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
10
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims,including attorneys'fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys'fees.
C. The Developer shall pay in full all bills submitted 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 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 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 option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred 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 City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall 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 occupancy 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 Postmaster's request.
C. Third Parties. Third 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 shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, 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. Occupancy. 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 Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
11
H. Recording. This Agreement shall run with the land and may be recorded against the title to
the property.
L 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 under any other agreement, and each and every
right, 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 shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall 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 such
activity allowed on Sundays or any recognized 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 am, and 6:00 p.m. on any weekday and 9:00 am.
and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays.
Operation of all internal combustion engines used for construction or dewatering purposes
beyond the normal working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a 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 Laws, Ordinances, and Regulations. In the development of the site plan,
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies,departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government,its agencies,departments and commissions.
M. Proof of Title. Upon request,the Developer shall furnish 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 construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing 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 City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist,
12
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Bridgewater Bank,a Minnesota Banking Corporation,ISAOA,ATIMA,which holds a mortgage on
the subject property,the development of which is governed by the foregoing Site Plan Agreement,
agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this � day of 71t_ ,202I.
-Frcut, gcloyLI —1a tieuV
STATE OF MINNESOTA ) 4* NANCIJFUUAEK
�' tom P(JLJ .AIININESOA
(SS. W MASON D E8OU91R6
COUNTY OF 74l14Y1 )
The fore oing instrument was acknowledged before me this 2 y of cJAL—
20 b 1 et VA , Vice-President of B ' ater Bank, a Minnesota
2
Ban ing Corporation, on behai of the Bank.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O.Box 147
Chanhassen, MN 55317
(952)227-1100
14
CITY OF CHANHASSEN
SITE PLAN AGREEMENT#2021-04
LAKE PLACE
SPECIAL PROVISIONS
AGREEMENT dated January 25, 2021,by and between the CITY OF CHANHASSEN,a
Minnesota municipal corporation,(the"City"),and Lakes at Chanhassen,LLC,a Minnesota
Limited Liability Company(the"Developer and Owner").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 110-unit, three-story apartment building with a variance for the building height to allow 42
feet to the midpoint of the roof(referred to in this Agreement as the "project"). Said agreement
shall supersede and replace Site Plan Agreement Case#: 87-3 PUD, 99-19 SPR Phases II, III&IV,
dated June 26, 2000, recorded as Document#A638866 on December 20, 2016. The land located
in Carver County, Minnesota, is legally described as Lot 2, Block 1, Powers Ridge Apartment
Homes 2nd Addition, 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 furnish 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 the plans vary from the written
terms of this Agreement,the written terms shall control.The plans are:
Plan A—Site Plan prepared by CivilSite Group, dated 12/04/2020.
Plan B Grading, Drainage and Erosion Control Plans prepared by CivilSite Group,dated
12/04/2020.
Plan C—Landscaping Plan prepared by CivilSite Group, dated 12/04/2020.
Plan D—Utility Plans prepared by CivilSite Group,dated 12/04/2020.
Plan E—SWPPP prepared by CivilSite Group, dated 12/04/2020.
Plan F—Architectural Plans prepared by Tushie Mongomery Architects,dated 12/04/2020
1
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 31, 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
furnish the City with a letter of credit from a bank, cash escrow,or equivalent("security")for
$106,986.50 (grading, erosion control, stormwater and landscaping). The amount was calculated at
a rate of 110%of the actual cost of improvements.
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 City approval.
6. Notices. Required notices 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
the following address:
Mr.Todd Simning
Chanhassen Lakes, LLC
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) 227-1100.
7. Other Special Conditions. City Council approves a site plan for a 110-unit, three-story
apartment building with a variance for the building height to allow 42 feet to the midpoint of the
roof subject to the following conditions:
Building
1. 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.
2
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
4. The building is required to have automatic fire extinguishing systems.
5. Structure proximity to property lines (and other buildings)will have an impact on the Code
requirements for the proposed buildings, including but not limited to allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
6. Building plans must include a code analysis that contains the following information: Key
plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers,
Separated or non-separated, Fire resistive elements (Exterior walls,Bearing walls - exterior
or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance),Minimum plumbing fixture count.
7. Retaining walls more than four-feet high must be designed by a professional engineer and a
building permit must be obtained prior to construction.
8. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
Engineering and Water Resources
1. The applicant shall submit an updated existing conditions survey upon submittal of final
construction plans with the following updates:
a. The location of a second benchmark(top nut of second hydrant);
b. Utility locations primarily based off GSOC locates and/or any as built information
available(clarify"Per Plans"or the"source information");
c. Existing sanitary manholes shall utilize city nomenclature;
d. Show extents up to 150 feet beyond site's boundary which are to include utility
lines,easements,right-of-way,spot elevations,contours,etc.;
2. The applicant shall escrow$2,200.00 with the city as a financial guarantee for a share of the
local cost participation based on traffic generated from the site for a future traffic signal at
the intersection of Lake Drive West and Powers Boulevard. The cost of the traffic signal is
based upon a figure of$20 per unit.
3. Drainage arrows and emergency overflow routes shall be illustrated on updated construction
plans for review and approval by the city prior to issuance of a Notice to Proceed.
4. A geotechnical engineering shall be on-site during grading operations. If groundwater is
encountered during grading, grades shall be adjusted to maintain a three foot separation
from the bottom floor elevation and adhering to the recommendations of the soil engineer
3
on site. Changes to grades shall be submitted to the city for review and approval.
5. The applicant shall supply the city with a detailed haul route for review and approval by
staff for materials imported to or exported from the site. If the material is proposed to be
removed off site to another location in Chanhassen, that property owner will be required to
obtain an earthwork permit from the city.
6. During the course of grading and/or construction if any drain tile is discovered, the
developer shall notify the City Engineer and shall relocate or abandon the drain tile as
directed
7. All retaining walls exceeding four feet in height shall have plans and details prepared by a
registered engineer or landscape architect prior to issuance of building permits.
8. Any grading approved within the public right-of-way shall require the execution of a
temporary construction easement between the applicant and the city.
9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,as
necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of
Engineers,etc.and comply with their conditions of approval.
10. The applicant shall enter into a site plan agreement with the city and provide necessary
financial security to guarantee compliance with the terms of site plan approval. This shall
include, but is not limited to, 110% of the estimated costs of construction for grading,
erosion control and stormwater improvements associated with the development.
11. The Stormwater Management Report and modeling shall be updated to include analysis of
downstream public conveyance and stormwater BMPs that are being proposed to be
connected to in order to ensure they will adequately function with the increase in
stormwater volumes.
12. The applicant shall adjust stormwater basins to be wholly outside any public easements.
13. The existing catch basin proposed to be connected to within Lake Drive West shall be
removed and a new catch basin manhole constructed in order to properly facilitate the
connection to city standards. A temporary traffic control plan will be required in association
with this work.
14. Drain tile located within the northwest filtration system are required to have tracer wire,
plans shall be updated accordingly.
15. The applicant shall update the Stormwater Management Report to include narrative
regarding the trench drain system near the underground parking entrance and indicate the
discharge point of stormwater being pumped into the building. Per Sec. 19-44 of City
4
Ordinances,no stormwater shall be discharged into the sanitary sewer system.
16. The applicant shall confirm all applicable wetland permitting and/or mitigation has been
completed prior to commencement of grading operations.
17. The applicant shall obtain all required permission for work outside of the property limits
prior to construction activities.
18. The applicant shall submit rational-method calculations to confirm that the storm sewer is
adequately sized for the 10-year rainfall event. This shall also include all downstream
public systems that are being proposed to be tied into.
20. The applicant shall confirm proposed rates are less than existing for all storm events,
including but not limited to the 10-day snow melt.
21. The applicant shall submit electronic,native copies of the existing and proposed P8 models
for review and approval.
22. The applicant shall clarify the total existing impervious area, total proposed impervious
area, and the amount of impervious area directed to the filtration system as the existing and
proposed impervious areas noted in the stormwater narrative do not correspond with the
impervious areas listed on the SWPPP.
23. The applicant shall clarify where the 6"drain tile from the underground filtration basin will
outlet and update plans accordingly.
24. The applicant shall clarify the elevation of the 6" PVC pipe coming into the above-ground
filtration system and update the plans accordingly. Note that the grading plans show the
basin graded down to a 930. Applicant shall confirm elevations for the basin and confirm
HydroCAD modeling is representative of the plans.
25. The utility plan and HydroCAD model show 24" storage pipes being utilized for the
underground filtration system however the detail shows 36"pipes.Plans shall be updated to
be consistent.
26. A cross section for the proposed above-ground filtration basin shall be provided on updated
construction plans.
27. All connections methodologies to existing storm structures shall be noted and provided on
updated construction plans.
28. Inlet protection shall be shown for the existing catch basins just east of the construction
entrance.
29. The applicant and their engineer shall work with city staff on amending the preliminary
construction plans, dated December 4, 2020, prepared by Matthew R. Pavek, PE with
5
CivilSite Group, to fully satisfy staff concerns. Final construction plans will be subject to
review and approval by staff.
30. The applicant shall relocate the proposed monument sign wholly outside the public drainage
utility easement and public right-of-way.
Environmental Resources
1. A total of 16 over-story trees shall be located around the parking lot and driveways.
2. Screening through the use of shrubs shall be added to the south side of the building at the
west side along the entry drive.
3. The applicant shall remove Colorado spruce and Northwoods Red maple from the plant
schedule. An alternative selection of trees shall meet city ordinance for diversity(30-20-10)
and be appropriate for clay,compacted soils.
4. A total of eight over-story boulevard trees shall be planted along Lake Drive West outside
of the right-of-way.
5. Applicant shall increase understory trees in buffer yard along Lake Drive West to meet
minimum requirements.
6. The PUD agreement states that the applicant shall provide a minimum of $500.00 of
landscaping per multi-family unit. The applicant shall provide the city with a cost estimate
for the required landscaping at the time of building permit approval showing compliance
with this requirement.
Fire
1. All egress doors on all sides should have a hard surface path that leads from the egress door
to the public right-of-way.
Parks
1. The developer shall pay$194,333.04 in Park fees with the building permit.
2. The developer shall be responsible for construction of the Lake Drive West trail along the
northwest portion of the property.
Planning
1. The developer shall enter into a site plan agreement and provide the security required by it
prior to receiving a building permit.
2. The developer shall be required to enter into a Tax Increment Financing Agreement
ensuring the affordability of the units.
3. A separate sign permit application, review and approval shall be required prior to site sign
installation.
4. The developer shall connect the sidewalks on the eastern side of the building to the
sidewalk to Lake Drive and on the western sides of the building to Lake Drive.
6
5. A revised lighting plan with photo metrics shall be submitted for city review and approval.
6. The developer shall record cross parking and cross access agreements with the other parcels
in the Powers Ridge development.
8. General Conditions. The general conditions of this Agreement 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.
7
e ,4: `•.�: CITY OF CHANHASSEN
axe a `•y.
s 2 •
C.„64,:c
Q. 3-- c.^=,- .,. Elise Ryan, r
w
;gib AND.
'"" Laurie Hokicanen,City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this x0 day of A p f r , 24J 1
by Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted,
by its City Council.
(-34<— 1
NOTARY PUBLI ,
; \KIM T. MEUWISSEN
t .a...' -i Notary tic-Minnesota
e!,,,ik' kty tosimagron Eaaplos.Mn 31.2025
8
DEVELOPER:
BY:
Its: Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF , /L,� )
The foregoing instrument was acknowledged before me this _day of (. ?/ /
20 .1 by Todd M. Simning, Manager, Lakes at Chanhassen, LLC, a Minnesota Litiited Liability
Company.
1'��C//,7' ' Ctr C4 ._1t)q
NOTARY PUBLIC /
DRAFTED BY:
City of Chanhassen ';. I PAME A ANN SIMNING
7700 Market Boulevard "' —" NOTARY PUBLIC-MINNESOTA
P.O.Box 147
Chanhassen, 55317 MY COMMISSION EXPIRES 01131/22
(952)227-110000
9
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT"A"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area,the Developer may not grade or otherwise 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 fully executed by both parties and filed
with the 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. Erosion ControL Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, 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 shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary 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 controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City,the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify 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 hereunder. No development
will be allowed and no building permits will be issued unless there is full 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 of the City, there is no longer a
need for erosion control,the City will authorize removal of the 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. 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 trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractors)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
10
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims,including attorneys'fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys'fees.
C. The Developer shall pay in full all bills submitted 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 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 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 option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred 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 City may, in addition to its
other remedies,assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall 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 occupancy 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 Postmaster's request.
C. Third Parties. Third 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 shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, 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. Occupancy. 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 Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
11
H. Recording. 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 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 under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as maybe 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 Hours. The normal construction hours under this contract shall 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 such
activity allowed on Sundays or any recognized 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 am. 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 internal combustion engines used for construction or dewatering purposes
beyond the normal working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a 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 Laws, Ordinances, and Regulations. In the development of the site plan,
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies,departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government,its agencies, departments and commissions.
M. Proof of Title. Upon request,the Developer shall furnish 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 construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing 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 City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
12
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Bridgewater Bank,a Minnesota Banking Corporation,ISAOA,ATIMA,which holds a mortgage on
the subject property, the development of which is governed by the foregoing Site Plan Agreement,
agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this N day of -3-14. ,202!.
-T f-(4A, jt �a(/(�t IA) —1?vic� �ot�t, `-
II �a K
STATE OF MINNESOTA ) dam; NANCI J FULMB(
.� ICON PUBLIC-MNE9011
*rreCOUNTY OF �►�Vl ) '� �� ICII���
The Es..:irsoing instrument was acknowledged before me this 2 ( y of c---\)"--
20 2 by I - acvU4.t Vice-President of Br' ater Bank, a Minnesota
Bariking Co ration, on of the Bank.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen,MN 55317
(952)227-1100
14