5. Site Plan AgreementCITY OF CHANHASSEN
SITE PLAN AGREEMENT 2OO8.O1
SPECIAL PROVISIONS
THIS AGREEMENT ("Site Plan Agreement") dated ou4,lrY$u lv 202l,by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and
NORTHLAND SALONS CHAN OWI{E& LLC, a Minnesota limited liability company (the
"Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan consisting of a 6,652 square-foot retail building (Building 4D), Planning Case 2008-01
(referred to in this Site Plan Agreement as the "Project"). The land is legally described as follows
Parcel A: Lot 2, Block l, CROSSROADS OF CHANHASSEN, according to the recorded
plat thereof, Carver County, Minnesota, except that part described as follows:
Commencing at the northwest comer of said Lot 2; thence South 00 degrees 29 minutes
44 seconds West, assumed bearing along the west line of said Lot 2, a distance of 42.73
feet to the point of beginning ofthe land to be described; thence continuing South 00
degrees 29 minutes 44 seconds West, along said west line, a distance of 1 19.39 feet;
thence South 89 degrees 30 minutes 17 seconds East, a distance of 119.49 feet; thence
North 00 degrees 29 minutes 43 seconds Eas1, a distance of 21.44 feet; thence South 89
degrees 30 minutes 17 seconds East, a distance of 99.73 feet; thence North 00 degrees 29
minutes 43 seconds East, a distance of 36.03 feet; thence North 89 degrees 30 minutes 17
seconds West, a distance of 6.74 feet; thence North 00 degrees 29 minutes 43 seconds
East, a distance of61.92 feet; thence North 89 degrees 30 minutes 17 seconds West, a
distance of 212.48 feet to the point of beginning.
Parcel B: That part of Lot2, Block 1, CROSSROADS OF CHANHASSEN, according to
the recorded plat thereof, Carver County, Minnesota described as follows:
Commencing at the northwest comer of said Lot 2; thence South 00 degrees 29 minutes
44 seconds West, assumed bearing along the west line of said Lot 2, a distance of 42.73
loo324ooo ?) SP-l
feet to the point of beginning ofthe land to be described; thence continuing South 00
degrees 29 minutes 44 seconds West, along said west line, a distance of 119.39 feet;
thence South 89 degrees 30 minutes l7 seconds East, a distance of 119.49 feet; thence
North 00 degrees 29 minutes 43 seconds East, a distance of 21.44 feet; thence South 89
degrees 30 minutes l7 seconds East. a distance of 99.73 feet; thence North 00 degrees 29
minutes 43 seconds East, a distance of 36.03 feet; thence North 89 degrees 30 minutes 17
seconds West, a distance of6.74 feet; thence North 00 degrees 29 minutes 43 seconds
East, a distance of 61.92 feet; thence North 89 degrees 30 minutes l7 seconds West, a
distance of 212.48 feet to the point ofbeginning.
2. Conditions ofSite Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Ageement and fumishes 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 Permit, the written terms shall control. The plans are:
Plan A: (C001 of 9) Title Sheet dated Received January23,2013, prepared by Westwood Professional
Services Inc., and revised as shown in plans dated received October 4,2021.
Plan B: (C100) Existing Conditions dated Received January 23,2013, prepared by Westwood
Professional Services Inc., and revised as shown in plans dated received October 4, 2021.
Plan C: (C200) Site Plan dated Received January 23,2013, prepared by Westwood Professional
Services Inc., and revised as shown in plans dated received October 4, 2021 .
Plan D: (C300) Grading Plan dated Received January 23,2013, prepared by Westwood Professional
Services Inc., and revised as shown in plans dated received October 4,2021.
Plan E: (C400) Erosion Control Plan dated Received January 23,2013, prepared by Westwood
Professional Services Inc., and revised as shown in plans dated received October 4, 2021 .
Plan F: (C500) Utility Plan dated Received, Jannry 23,2013, prepared by Westwood Professional
Services Inc., and revised as shown in plans dated received October 4, 2021 .
Plan G: (C600) Details, dated Received January 23, 2013, prepared by Westwood Professional Services
lnc., and revised as shown in plans dated received October 4,2021.
Plan H: (L100) Landscape Plan dated Received January 23,2013, prepared by Westwood Professional
Services Inc., and revised as shown in plans dated received October 4, 2021 .
Plan I: (Ll01) Landscape Details dated Received January 23, 2013, prepared by Westwood
Professional Services Inc., and revised as shown in plans dated received October 4, 2021.
Plan J: (Tl ) Title Sheet received October 4, 2021, prepared by Lampert Architects.
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Plan K: (A-l) Site Plan received October 4, 2021, prepared by lampert Architects.
Plan L: (A2) Floor Plan Roof Plan dated received October 4, 2021, prepared by Lampert Architects.
Plan M:(A3) Building Elevations Component Types dated received October 4, 2021 , and updated
October 21,2021 prepared by l,arnpert Architects.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2022. The Developer may, however, request an extension of time from the
City. If an extension is $anted, 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 Site Plan Agreement, the
Developer shall fumish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") in the amount of 5527,736. This amount has been calculated at a rate of 1l0o% ofthe
actual value of improvement (survey/staking $5,300, earthwork $64,866, site concrete $20,000,
landscaping $34,405, paving $95,000, storm water storage $217,738, and utilities $42,451). The
City will release the security posted in accordance with the City Code.
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 registered
mail at the following address:
Northland Salons Chan Owner, LLC
Brian Farrell, Managing Member
4324 West Lake Harriet Pa*way, #2
Minneapolis, MN 55410
brian@northland regrouD.com
612-850-8443
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered 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 -l I 00.
7. Other Special Conditions. On March 10, 2008, the City Council adopted the
following motion:
I. SITE PLAN REVIEW
*The City Council approves the seven site plans consisting ofa 5,300 square-foot convenience
store with gas pumps and a 2,805 square-foot car wash (Buildings 4A), a multi-tenant building
with an area of 11,000 square feet (Building 4B), a two-story multi-tenant building with a first
floor area of 13,800 square feet and second floor area of I 5,000 square feet (Building 4C), a one-
story retail building with an area of 8,000 square feet (Building 4D), a 5,000 square-foot bank
{oor24ooo 7) SP-3
Plan N: Sight Lines plans dated October 21,2021 , prepared by Lampert Architects.
with drive-thru window (Building 4E), a 3,400 square-foot retail building (Building 4F), and a
10,000 square- foot Deli and Liquor Store (Building 4G), Ptanning Case 08-01 for Crossroads of
Chanhassen as shown in plans dated received January 18, 2008, and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
Conditions common to all site plans:
1. All landscape islands must have a minimum interior width of 10 feet.
2. Staff recommends that Comell structural soil be used in all parking lot islands.
3. The applicant shall increase canopy trees within the east and south bufferyards to meet
minimum requircments.
4. The applicant must submit a landscape plan with a complete Plant Schedule and all species
and quantities noted on the plan.
5. The applicant shall remove Norway maple and Colorado spruce from the Plant Schedule. All
species of ash will only be allowed in minimal quantities.
6. A wetland buffer 16.5 feet in width and a 3O-foot setback from the wetland buffer must be
maintained around Welland 1. Secondary structures are allowed to encroach up to 50oZ of
the setback. It appears that the retaining wall has exceeded the allowed encroachment and
should be moved. Wetland buffer areas shall be preserved, surveyed and staked in accordance
with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under
the direction of City staff, before construction begins and must pay the City $20 per sign.
7. A vegetation management plan needs to be developed for the buffer. Currently the buffer is
dominated by reed canary grass and agricultural weeds. The buffer for a Manage 3 wetland
must have, at a minimum, 507o dominance of native plant species.
8. A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution
Prevention Plan (SWPPP) has been developed and submiued to the appropriate agencies for
review. The Carver Soil and Water Conservation District is to be invited to the
preconstruction meeting for the project.
SP-4
SITE PLAN APPROVAL
9. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within
the timeframe required by the NPDES permit shall be temporary mulched and seeded. A
note shall be included in the dewatering section ofthe SWPPP that states: "lfconstruction of
the proposed temporary/permanent sediment pond is not completed prior to dewatering, the
City's on-site construclion observer must approve proposed dewatering methods prior to
beginning dewatering."
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10. All silt fence that is not laid parallel to the conlours, or that have a continuous run greater
than 300 feet, shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans
and discussed at the preconstruction meeting.
I l. Energy dissipation shall be provided at the inlet to the proposed pond and at the end ofthe
discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge
location for the outlet ofthe proposed pond shall be evaluated to ensure that the proposed
discharge will not cause erosion issues. Reinforced erosion control matting may be required.
12. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF
could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion
control blanket). A typical detail shall be included in the plan. The overland route from the
EOF shall be shown on the plan set.
13. lnlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the
manhole with a steel plate holding the fabric in place.
14. The plans shall be revised to show a 75-foot rock construction entrance wherever construction
traffic will access the site. The rock construction entrance shall be constructed in accordance
with Chanhassen's Standard Detail 5301. Street cleaning ofsoil tracked onto public streets
shall include daily street scraping and street sweeping as needed.
16. All diversions necessary to direct stormwater flow to the temporary basin shall be clearly
indicated on the plan.
18. A detail for the temporary pond outlet needs to be included in the plan.
19. The applicant shall apply for and obtain permits liom the appropriate regulatory agencies (e.g.,
Miruresota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions ofapproval.
20. Make a notation in the SWPPP that the contractor with overall day+o-day responsibilities of
the project/General Contractor must be the contractor for the NPDES permit. The applicant
needs to have an individual qualified to complete stormwater inspection reports weekly, and
after each one-half inch rainfall event. A box will need to be placed on site for these specific
documents.
21. Cross-access and cross-parking agreements shall submitted to the City for approval and
recording.
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15. In the event that dewatering is needed, the field inspector shall be contacted prior to any
dewatering activities.
17. A concrete washout area needs to be shown on the plan.
22. Fire Marshal Conditions:
a. An additional fire hydrant (one) will be required near the car wash. Contact Chanhassen
Fire Marshal for exact location.
b. The 4-inch water line shown for the gas station and car wash is required to be a minimum
of 6 inches per NFPA l3 Sec.15. I .3. l
Contact Chanhassen Fire Marshal for locations of NO PARI{NG FIRE LANE signs, and
curbing to be painted yellow. Per MSFC Sec. 503.3.
d. A 3-foot clear space shall be maintained around the circumference of fire hydrants except
as otherwise required or approved. Per MSFC Sec. 508.5.5.
Posts, fences, vehicles, growth, trash, storage and other materials shall not be placed or
kept near fire hydrants, fire department inlet connections or fire protection system control
valves in a manner that would prevent such equipment or fire hydrants from being
immediately discemible. The fire department shall not be deterred or hindered from
gaining immediate access to fire protection equipment or fire hydrants Per MSFC Sec.
508.5.4.
f. When fire apparatus access roads or a water supply for fire protection is required to be
installed, such protection shall be installed and made serviceable prior to and during the
time of construction, except when approved altemate methods of protection are provided.
Temporary street signs shall be installed at each intersection when construction ofnew
roadways allows passage by vehicles in accordance with section 505.2 of the MN. State
Fire Code. Per Sec. 501.4.
22. Building Official Conditions
a. The buildings are required to have automatic fire extinguishing systems
b. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
d. 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.
Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
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f. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
24. All rooftop and ground equipment must be screened from views.
25. Approval of the site plan applications is contingent upon approval ofthe final plat, variance
and the PUD amendment - Planning Case 2008-01.
26. All drive isles shall maintain a minimum width of 26 feet.
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
{003240m 7)SP-7
CITY OF CHANHASSEN
BY
rse Ryan, Mayor(sEAr.)
-
STATE OF MINNESOTA
COLTNTY OF CARVER
:->\Al,t/%tlV*4nrr,r^
Laurie Hokkanen, City Manager
)
(ss.
)
The foregoing instrument was acknowledged before me this r.lu,rr*[.
2021 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalfofthe corporation and pusuant to authority granted by
its City Council.
KIM T. MEUWISSEN
Nolary Public-Minnssota
rry odfiiati, ExIi6 JEl 31, 225
'dj;"
C
100321000 7)SP-8
AND:
NORTHLAND SALONS CHAN OWNER, LLC
BY:
Brian Farrell
Manasins
STATE OF MINNESOTA )
(ss
COUNTYOF )
The foregoing instrument was acknowledged before me this _ day of November ,
202l,by Brian Farrell, the Managing Member of Northland Salons Chan Owner, LLC, a Minnesota
limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
Its:
(00324000 7)SP.9
CONSENT
Owners of all or part of the subject property, the development of which is govemed 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 ofthe subject property owned by them.
Dated this _ day of 2021
KRAUS.ANDERSON, INCORPORATED
BY:
Bruce W. Engelsma
Its:Chief Executive Officer
STATE OF
COUNTY OF
(ss.
)
The foregoing instrument was acknowledged before me this _ day of
2o21,by
-.
NOTARY PUBLIC
100324000 7)SP.IO
)
CONSENT TO AGR.EEMENT
Bremer Bank, National Association, a national banking association ("Lender"), as the
holder of the Mo(gage, Security Agreement, Financing Statement and Assignment of Leases and
Rents dated June 13,2013 ("Mortgage") executed by Kraus-Anderson, Incorporated ("Bonower"),
as mortgagor, in favor of [rnder, as Mortgagee, and filed for record in the office of the County
Recorder in and for Carver County, Minnesota on July 3,2013, as Document No. 4579988 as
amended by the Amendment to Mortgage, Security Agreement, Financing Statement and
Assignment of Leases and Rents dated June 13,2019 ("Amendment") and filed for record in the
office of the Cormty Recorder in and for said County and State on August 6, 2019, as Document
No. 4681065; hereby consents to and agrees to be subject to and bound by the terms of the
foregoing Site Plan Ageement to which this Consent is auached.
IN WITNESS WHEREOF, the undersigned has caused this Consent to be executed as of
the _ day of 2021
BREMER BANK, NATIONAL ASSOCIATION
BY:
Its:
STATE OF MINNESOTA )
(ss
corNTY oF HENNEPTN)
The foregoing instrument was acknowledged before me this _ day of 2021,
by the of Bremer Bank. National
Association, a national banking association, on behalfofthe national banking association.
NOTARY PUBLIC
i00324000 7l SP.I1
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is govemed by the
foregoing Site Plan Agreemen! agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this _ day of 2021
STATE OF
COLTNTY OF
(ss.
)
The foregoing instrument was acknowledged before me this _ day of
2021,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 553 l7
(9s2)227-1100
l00l240oo 7)SP-I2
)
SITE PLAN AGREEMENT
EXHIBIT'B'
1. Right to Proceed. Within the site plan area" the Developer may not grade or otherwise
disturb the eartlL remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) 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, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
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 plat 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 E, 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 fiom 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 nodry the Developer in advance of any proposed action, but failwe ofthe 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 blowing materials, from streets and the surrounding area
that has resulted fiom construction work by the Developer, its agents or assigns.
100324000 7)GC.I
CITY OF CHANHASSEN
GENERAL CONDITIONS
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 a1 the time of planting. All trees
shall be warranted for twelve (12) months from the time ofplanting. The City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve ( 12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
7. Responsibility for Costs.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attomeys' fees.
C. The Developer shall pay in flrll 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
Crty may halt all plat development work and construction. Bills not paid within thirry (30) days
shall accrue interest at the rate of 8%o 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, no1 less than four (4) days in advance. This Site Plan Ageement
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.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postrnaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
(00324000 7)GC-2
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 fiom site
plan approval and development. The Developer shall indemnifr 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 attomeys' fees.
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.
G. WaiverVAmendments. The action or inaction of the Ciw shall not constitute a
waiver or amendment to the provisions of this Site Plan Agleement. 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 faih.ue to promptly take legal action to enforce this Site Plan Agreement shall
not be a waiver or release.
H. Recordine. This Site Plan 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 may be deemed expedient by the City and shall 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 Site Plan
Agreement shall be from 7:00 a.m. to 7:00 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. Operation of
all intemal 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 identifr in the field and protect from alteration, unless suitable altemative sites are first
provided, the two soil treatrnent 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.
I
2
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City of Chanhassen;
State of Minnesota, its agencies, departments and commissions;
United States Army Corps of Engineers;
Watershed District;
GC-3(00124000 7)
E. Severabilitv. If any portion, section. subsection, sentence. clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the validity ofthe
remaining portion of this Site Plan Agreement.
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.
L. Compliance with Laws. Ordinances. and Resulations. [n the development of the
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any ol the same have
jurisdiction over the properfy's development:
5. Metropolitan Govemment, its agencies, departrnents 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 Site Plan Agreement.
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 firther agrees that it will indemnifu, defend, and hold harmless 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 City.
O. Soil Conection. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer conceming the nature of suitability of
soils nor the cost of correcting any unsuitable soil conditions which may exist.
100324000 7)GC.4