recorded Site Plan Agreement Roers BennettDocument Number: A781242
Filed and/or Recorded on
Jan 2, 2025 10:34 AM
Office of the County Recorder/Registrar of Titles
Carver County, Iv1 innesota
Kaaren Lewis, County Recorder
Deputy RRyNV
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: Guaranty Commercial l-itle Inc
Pages: 11
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2024-01
CHANHASSEN MARKET STREET ADDITION
SPECIAL PROVISIONS
AGREEMENT dated tT, 0 Zz -.roro,by and between the CITY OF CHANHASSEN,
a Minnesota municipal "o.p-uti-ftttt" Ciry") and Roers Chanhassen Bennett Apartments Owner
LLC, a Delaware limited liability company (the "Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for
one six story vertical mixed use building including approximately 184 multifamily rental housing
units, 11,853 gross square feet of commercial space, 338 structured parking stalls, and construction
ofLaredo Drive within the bounds ofthe Chanhassen Market Street Addition plat boundary (refened
to in this Agreement as the "project"). The land located in Carver County, Minnesota, is legally
described as Lot 1, Block 1, and Outlot A, Chanhassen Market Street Addition.
3. Development Plans. The project shall be developed and maintained in accordance with the
lollowing 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: Final Plat approv ed Ju;ly 22,2024, prepared by Egan, Field & Nowak Inc.
Grading, Drainage and Erosion Control Plan dated Jlll;,e 20,2024 prepared by Kimley
Hom and Associates, Inc.
Plan C Plans and Specifications lor Improvements dated June 20, 2024, prepared by Kimley
Hom and Associates, Inc.
Plan D:Landscape Plan dated June 20,2024, prepared by Kimley Hom and Associates, Inc
1
Return to:
Guaranty Commercial Tillo, lnc.
465 Nicollsl Mall. Sulte 230
Minneapolis, MN 55401
233599v I
2. Conditions of Site Plan Approval. The City approved the requested Site Plan on April I 5,
2024. The Developer shall enter into this Agreement and fumish the security required by it.
Plan B:
4. Time of Perforrnance. The Developer shall install all required improvements by December
31,2026. The Developer may, however, request an extension of time fiom the City. Ilan 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 ofcredit in the form attached hereto fiom a bank, cash escrow. or
equivalent ("security") fbr $262,759.10 (parking lot, roads, sidewalk, landscaping, etc.). The
security shall be 1 10 percent of the following:
s 166.41 0.91
$72.461.00
Sr.rb-Total $238.871.91
1100/"$262,759.10
This breakdown is for historical referencel it is not a restriction on the use ofthe security The City
may draw down the security, on five (5) business days written notice to the Developer, for any
violation ofthe terms of this Contract or without notice if the security is allowed to lapse prior to the
end of the required term. If the required public improvements are not completed at least thirty (30)
days prior to the expiration ofthe security, the City may also draw it down without notice. If the
security is drawn down, the proceeds shall be used to cure the default. Upon receipt ofproof
satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied. with City approval the security may be reduced from time to time by ninety percent (90%)
olthe financial obligations that have been satisfied.
If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping,
then the developer shall provide to the city an updated letter ofcredit or cash escrow in an amount
sufficient to ensure the installation of said landscaping.
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.
Notices. Required notices to the Developer shall be in writing, and shall be either hand
2
i]
c
6
Parking Lot and Roads
Landscaping
233599v I
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Tom Cronin
Roers Chanhassen Harlow Apartments Owner, LLC
2 Carlson Parkway North, Suite 400
Plymouth, MN 55447
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 (9 52) 227 -1 100.
7. Other Special Conditions. City Council approved a site plan for Chanhassen Market
Street Addition subject to the following conditions:
Planning Department:
Developer shall provide shop drawings ofproposed pole-mounted light fixtures as well as
proposed wall-mounted lighting fixtures. Fixtures shall not be mounted more than 30 feel
in the air and shall have a maximum cut-offangle of90 degrees.
2. The electrical transformers of the west building shall be screened either through
vegetation or fencing.
Forestry Department
The current landscape plan must be updated to meet the city's species diversity
requirements where no more than ten percent ofthe trees may be fiom any one tree
species, no more than 20 percent of the trees may be from any one genus and no more
than 30 percent oftrees tiom any one farrily. Currently, armstrong red maple makes up
25oh of the tree inventory.
2. Applicant shall adjust the landscape plan to include screening around the generator pad
on the south end ofthe west building.
3. Applicant shall remove the tree in the southwest comer of the west building to make the
future mural planned on the southwest comer of the west building more visible to
vehicles and pedestrians on Market Blvd.
4. Laredo Drive will be extended on the south end. Applicant shall remove proposed
plantings in that area.
En gineering Department:
J
233599v I
3. All signs associated with the project will require separate permits.
The Developer shall deed Outlot A to the city for future public access needs in
association with the extension of Laredo Drive to the south.
2. The Developer shall be responsible for maintaining Outlot A until such time that Laredo
Drive is connected to Market Street to the south.
3. The Developer shall provide all access agreements and temporary easements necessary to
access and work on any abutting properties prior to the city issuing a Notice to Proceed
lor const ruction operations.
4. Final geotechnical and environmental assessment reports shall be provided prior to the
issuance of building permits, and all recommendations from the geotechnical and
environmental reports shall be incorporated into the Developer's plans as well as any
additional requirements set for by the MPCA throughout the build-out ofthe
development.
Water llesources I)epartment:
The applicant shall provide additional information to determine the access agreements
and easements required to install and connect to storm sewer systems on adjacent
properties which are not publicly owned.
Building I)cpartnrent:
1. A demolition permit must be obtained prior to demolishing any structures on the site,
each demolition site address will require separate permits.
2. A building permit must be obtained before beginning any construction.
3. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
4. A final grading plan and soils report must be submitted to the Inspections Division befbre
building permits will be issued.
5. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review.
6. The building is required to have automatic fire extinguishing systems.
7. 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
4
233599v I
,
9. Retaining rvalls (ifprcscnt) more lhan four feet high. nteasured front the bottonr of the
footing to the top ofthc wall, must be designcd by a prolcssional e'ngineer and a building
permit nrust be oblained prior to construclion. Retaining u'alls (ifpresent) undcr four feet
in height rcquirc a zoning permit.
'10. Accessibility rvill have to be pror.ided to all portions of thc developnienl and a percentage
of the units rnay also be required to bc accessible or adaptable in accordance rvith
Minnesota State Building Code Chapter 1341.
l-ire l)epa rtnrent:
L The fire department requests that prior to the demolition of existing buildings that the
Applicanl provide the city's fire department the opportunily to conduct some training
cxercises in the buildings.
8. General Conditions. The general conditions ofthis Agrccnrent are attached as Hxhibrt "A"
and incoqrorated herein.
--
9. Counterparts. This Agreemenl may be executed in anv number of counterparts, each of
which shall constitute one and the same instrument.
('lTY OF ( lIANHASShN
IIY
Elise Ryan, Mayor
VtA,WD!4W6/\W
Lauric Hokkanerr. ('itv Marrrre r
STATI] OI'MINNF-SOTA
COUN'fY OF CAITVF]I{
)
lss
)
Thc foregoing instrumcnt was acknolr4edged bcfore me this ZZ day of .20f. by
Elise Ryan. Mayor. and by Laurie tlok]<ancn. City Manager. ofthe City o['( hanhasse . a Mimesota
rnunicipal corporation, on behall oi the corp oration and pursuanl to tlrc authoritl, grantctl hy its Ciw
C rrLtncil
JENNIFER ANN POTTER
Notary Public-Minnosota
My Commirtttn Erplt.. Jln 31, 2m7
NoT PUtsLIC'
r\N[):
DE\GLOPER:
€-BY:
Tom Cronil, Authorized Signatory
STATE OF MINNESOTA )
( ss'
cofiNTY oF lknne,rin i
The foregoing instrument was acl::owledged before me Ai. S ary .t 0e CXVlbeL
20?f, by Tom Cronin, the Authorized Siguatory of Roers Chanlassen Bermett Apartnents Ownet
LLC, a Delawarc limited liability company, on behalf of the
NOTARY
DRA.FTED BY:
City of Chanlassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
OIIVIA PBOPP,,trjffi,ffiffife
6
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A''
GENERAL CONDITION
l. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth. remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: I ) this site plan agreement has been fully executed by both parties and filed with
the City Clerk,2) the necessary securify and t'ees have been received by the City, 3) the necessary
insurance for the Developer and its contractors has been received by the City, 4) a preconstruction
meeting has been held by the Developer and the Developer's Engineer, and 5) the City has issued a
building permit provided 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 ifthey would be beneficial. A[[ areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion ofthe
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 ferliliz.ed.
mulched, and disc anchored as necessary for seed retention. The parties recognize that time is ofthe
essence in controlling erosion. lf 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 notiry 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 herewrder. 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 ofthe erosion control measures.
5. Clcan up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site. dirt and debris. including blowables, liom streets and the surrounding area that has
resr,rlted tiom construction work by the Developer, its agents or assigns.
6. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise
approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum
8
23 3 599v I
tree size shall be two and one-half (2%) inches caliper, either bare root in season, or balled and
burlapped. The trees may not be planted in the boulevard (area between curb and property line). ln
addition to any sod required as a part ofthe erosion and sediment control plan, Plan B, the Developer
or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum
of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the
lot. If these improvements are not in place at the time a certificate of occupancy is requested, a
financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months after the certificate of occupancy
issued, except that if the certificate ofoccupancy is issued between October I tkough May I these
conditions must be complied with by the following July lst. Upon expiration of the time period,
inspections will be conducted by City staff to verifr satisfactory completion of all conditions. City
staff wilt conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
retumed. If the requirements are not satisfied, the City may use the security to satisly the
requirements. The City may also use the escrowed funds for maintenance oferosion control pursuant
to City Code Section 7-22 or to satisfr any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace. specific landscaping conditions that
may have been required by the City Council for project approval.
7. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan D, 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 shall submit either 1) a
warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for
twenty-five percent (25%) of the amount of the original cost of the improvements.
8. Responsibility for Costs.
A. The Developer shall hold the City and its oftjcers 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 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.
B. The Developer shall reimburse the City for costs incurred in the enforcemenl ol this
Agreement, including engineering and attomeys' fees.
C. The Developer shall pay in full all bills submiued to it by the City for obligations incurred
under this Agreement 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 80% per year.
9. 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 zmy expense incurred by the City, provided the Developer is first
given written notice ofthe work in default, not less than four (4) days in advance. This Agreement 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
9
233599v1
remedies, assess the cost in lvhole or in part.
10. 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 ofa certificate ofoccupancy 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 ofContract. Breach ofthe terms ofthis Agreement by the Developer shall be grounds
for denial of building permits.
E. Severabilitv. Ifany 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
tbr which a building permit is issued on either a temporary or pemanent 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 aotion or inaction of the Ci ty shall not constitute a waiver or
amendment to the provisions of this Agreement. 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 failwe to promptly take legal action to enforce this Agreement shall not be a waiver
or release.
H. Recordine. This Agreement shall run with the land and may be recorded against the title to
the property.
I. Ren.redies. Each ri ght. power or remedy herein confened 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.
.1. 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 healy equipment shall be permitted
between the hours of 7:00 a.m. 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 olall
intemal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatrnent Systems. If soil treatment systems are required, the Developer shall clearly
identif, in the field and protect from alteration, unless suitable altemative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot. This
233599v1
l0
shall be done prior to the issuance ofa Grading Permit. Any violation/disturbance of these
sites shall render them as unacceptable and replacement sites will need to be located for each
violated site in order to obtain a building permit.
I-. Compliance with Laws. Ordinances. and Requlations. In the development of the site plan, the
Developer shall comply with all laws, ordinances, and regulations of the following authorities:
l. City ofChanhassen:
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps ofEngineers;
4. Watershed District:
5. Metropolitan Government, its agencies, departments 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 ofthe 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 ofthe soils on the property or its fitness for construction ofthe
improvements or any other purpose for which the Developer may make use ofsuch property.
The Developer further agrees that it will indemni{y, 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 properry, 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 conceming the nature olsuitability of soils
nor the cost ofconecting any unsuitable soil conditions which may exist.
ll
233599v l