recorded Site Plan Agreement Roers HarlowDocument Number: A7AL243
Filed and/or Recorded on
Jan 2, 2025 10:34 AM
Office of the County Recorder/Registrar of Titl€s
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy RR/NV
Document Recording Fees $ 46.00
Documentlotzl $ 46.00
Requesting Party: Guaranty Commercial Title Inc
Paqes: 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 #2024-02
CHANHASSEN MARKET STREET ADDITION
SPECIAL PROVISIONS
2024,by and between the CITY OF CHANHASSEN. a
ty"), and Roers Chanhassen Harlow Apartments OwnerMinnesota municipal co ion, (the "Ci
LLC, a Delaware limited liabitity company (the "Developer")
I . Request for Site Plan Approval. The Developer has asked the City to approve a site plan lor
one five story vertical mixed use building including approximately 126 multifamily rental housing
units, 3,029 gross square feet of commercial space, 68 structured parking stalls, and 63 surface parking
stalls (refened to in this Agreement as the "project"). The land located in Carver County, Minnesota.
is legally described as Lot l, Block 2, and Outlot B, Chanhassen Market Street Addition,
2. Conditions of Site Plan Approval. The City approved the requested Site Plan on April 15,
2024. The Developer shall enter into this Agreement and fumish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Agreement, the w tten terrns shall control. The plans are:
Plan B:Grading, Drainage and Erosion Control Plan dated June 20,2024 prepared by Kimley
Hom and Associates. Inc.
Plan C Plans and Specifications for 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.
Return to:
Guaranty Commercial Ti e, lnc.
465 Nicollel Mall, Sutte 230
Minneapolis, MN 5540l
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AGREEMENT xTu,t.t 2Z--
Plan A: Final Plat approved July 22, 2024, prepared by Egan, Field & Nowak Inc.
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4. Time of Performance. The Developer shall install all required improvements by December
31,2026. The Developer may, however, request an extension of time from the City. Ifan extension
is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost
increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall
fumish the City with a letter of credit in the form attached hereto from a bank, cash escrow. or
equivalent ("security") for $1 12,893.55 (parking lot, roads, sidewalk, landscaping, etc.). The
security shall be I I 0 percent ofthe following:
Parking Lot and Roads
Landscaping
$58,875.s0
$43.755.00
Sub-lbtal $ I 02.630.5
tt0"t sr 12,893.ss
Ilthe 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
sutficient to ensure the installation ofsaid landscaping.
PROCEDURES FOIT,
LE,TTER OF CREDIT REDT]CTION
a.Requests tbr 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
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This breakdown is fbr historical reference; it is not a restriction on the use ofthe security 1'he City
may draw down the security, on five (5) business days written notice to the Developer. for any
violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the
end ofthe required term. Ifthe required public improvements are not completed at least thi(y (30)
days prior to the expiration ofthe security. the City may also draw it down without notice. Ifthe
security is drawn down. the proceeds shall be used to cure the default- tlpon 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 lrom time to tirne by ninety percent (90%)
ofthe financial obligations that have been satisfied.
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Iom 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 (952) 227 -1 100.
7. Other Special Conditions. City Council approved a site plan lbr Chanhassen Market
Street Addition subject to the follorving conditions:
Planning Department:
Developer shall provide shop drawings olproposed pole-mounted light fixtures as well as
proposed wall-mounted lighting fixtures. Fixtures shall not be mounted more than 30 leet
in the air and shall have a maximum cut-off angle ol90 degrees.
2. Roers Harlow must obtain a shared parking with no overnight restrictions for 75 parking
spaces and their associated drive aisles over the Access and Parking Easement Area
legally described in the Access and Parking Easement Agreement between Chanhassen
Frontier LLC and Chanhassen Properties, LLC dated May 25, 2018 and recorded in the
Carver County Recorder's office as Document No. A66271 .
3- The electrical translormers ofthe east 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 from any one tree
species, no more than 20 percent of the trees may be from any one genus and no more
than 30 percent of trees from any one family. Currently. armstrong red maple makes up
25Yo of the tree inventory.
Engincering l)epartment:
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
for construction operations.
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4. Atl signs associated with the project will require separate permits.
2. Final geotechnical and environmental assessment reports shall be provided prior to the
issuance olbuilding permits. and all recommendations from the geotechnical and
environmental reports shall be incorporated into the Developer's plans as we[[ as any
additional requirements set for by the MPCA tkoughout the build-out of the
developmenl.
Water Ilcsou rces Departmcnt:
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.
l. A dernolition permit must be obtained prior to demolishing any structures on the site.
each demolition site address rvill require separate permits.
2. A building pennit 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 before
building permits will be issued.
5. Building plans must provide suificient information to verifli 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
size, protected openings and fire-resistive construction. These requirements will be
addressed when complete building and site plans are submitted.
8. Building plans must include a code analysis that contains the following information: Key
Plan. Occupancy group, Type ofconstruction, Allowable height and area, Fire sprinklers,
Separated or non-separated, Fire resistive elements (Ext walls. Bearing walls - exterior or
interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance), Minimum plumbing fixture count.
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Building l)epartment:
I . The fire department requests that prior to the demolilion of existrng buildings that lhe
Applicant providc the city's tirc department thc opportunitl,to conduct sonre training
exercises in the buildings.
8. General Conditions. The gencral conditions of thrs Agreement are attached as Exhibit ''A"
and incorporated hcrein.
9. Counterparts. This Agreenrent may be executed in any nunrbcr of counterparts, each of
rvhieh shall conslitulc orre and lhe sarne inslrunrent.
CITY OF CHANHASSEN
ts\'
Elise Ryan. Mayor
ANt)
Laurie Hokkanen. (liq' Manager
STATI 0F MINNESOTA
SS
('0LIN'I'\' ()F ('AR\'ER
(\rurtcil
The foregorng instrument $,as acknorvledged before rne this 2ldru oi ihlV . 2o?:[, by
Elise Ryan. Mayor. and by Laurie Hokkanen. City Manager. of the ('ity trf Char rassenl a Minnesota
nrunicipal corporation, on bchalf of thc corporation and pursuant to the authority grantcd by its City
No Y ptIBI.t('
JENNIFEH ANN POTTEB
Notary Public-Min nesola
erptor &n 3!.p02,
l
DE\TELOPER:
BY:€
Tom Cronin, Authorized Sipatory
STATE OF MINNESOTA
DRA-PTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
SS.
)
(
)couNrYoF rhnnerpil.r
- The foregoing instrument was acknowledged before me thi, f[a.y ot DUenW ,
202L by Tom Cronin, the Authorized Signatory of Roers Q[anhas5s1 Harlow Apartnents Owner,
LLC, a Delaware limited liability company, on behalf of the
N TARY
6
OTIVIA PROPP
IiOTABY PUBUC. IIIXIIESOTA
U Cmr&l,l Eofes Ja gt, ZpB
233 598v1
CITY OI.- 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: I ) this site plan agreement has been fully executed by both parties and filed with
the City Clerk.2) the necessary securiry and fees 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. of'ficers 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. Belbre 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 alier 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 grotmd 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 olthe
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 ol any proposed action, but failure of the City to do so will not affect the
Developer's and Ciry's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless there is fulI compliance with the erosion control requirements.
Erosion control shall be maintained until vegetative cover has been restored. After the site has been
stabilized Io where, in the opinion ofthe City, there is no longer a need for erosion control. the City
will authorize removal ofthe erosion control measures.
5. Clean up. The Devcloper shall maintain a neat and orderly work site and shall daily clean, on
and ofT site, dirt and debris, including blowables. from streets and the surrounding area that has
resulted {iom construction work by the Developer. its agents or assigns.
6. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless othenvise
approved by the City. trees not listed in the City's approved tree list are prohibited. The minimum
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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 palt 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 oftopsoil 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 thLrough May 1 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 verifl satisfactory completion of all conditions. City
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
retumed. lf the requirements are not satisfied, the City may use the security to satisfy the
reqnirements. The City may also use the escrowed funds for maintenance oferosion control pursuant
to City Code Section 7-22 or to satis$ 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 inthe 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
waranted for tlvelve (12) months irom the time ofplanting. The Developer or his contractor(s) shall
post a letter ofcredit or cash escrow to the City to secure the warranties at the time offinal acceptance.
8. Responsibility for Costs.
A. The Developer shall hold the City and its oflicers and employees harmless from claims made
by itself and third parties for damages sustained or costs incuned resulting from site plan
approval and development. The Developer shall indemnifo 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'f'ees.
B. The Developer shall reimburse the City for costs incurred in the enforcement ol this
Agreement, including engineering and attomeys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incuned
under this Agreement within thirty (30) days after receipt. Ilthe 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
perlormed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incuned 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
remedies, assess the cost in whole or in part.
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10. Miscellaneous.
A. Construction Trailers. Placement olon-site construction trailers and temporary job site olfices
shall be approved by the City Engineer. Trailers shall be removed from the subject property
within thirty (30) days following the issuance ofa certificate of occupancy unless otherwise
approved by the City Engineer.
B. Postal Service. The Developer shall provide lor the maintenance of postal service in
accordance with the local Postmaster's request.
Cl. Third Parlies. Third parties shall have no recourse against the City under this Agreement.
D. Breach ol Contract. Breach of the terms of this Agreement by the Developer shall be grounds
lor 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 vatidity 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 pemrit is issued on either a temporary or pennanent basis until the streets
needed fbr 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 Agreement. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution ofthe City Council.
The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver
or release.
H. Recordin . 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 Ciry 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 ofien 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 thereafier any other right, power or remedy.
J. Construction Hours. l'he 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 Sa&lrdays. 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 r.rse of healry equipment shall be permitted
between the hours ol7:00 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 pennitted on Sundays or public holidays. Operation olall
intemal cornbustion engines used fbr construction or dewatering purposes beyond the nomral
working hours will require City Council approval.
K. Soil Tre4tment Systems. If soil treatment systems are required, the Developer shall clearly
identifo 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
shall be done prior to the issuance of a Grading Permit. Any violation /disturbance of these
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sites shall render them as unacceptable and replacement sites will need to be located tbr each
violated site in order to obtain a building permit.
L. Compliance with Laws. Ordinances. and Reeulations. In the development of the site plan. the
Developer shall comply with all laws. ordinances. and regulations ofthe following authorities:
l. City of Chanhassenl
2. State of Minnesota, its agencies. depa(ments and commissions:
3. United States A-rmy Corps of Engineers;
4. Watershed Districtl
5. Metropolitan Government. its agencies, departments and commissions.
M. Proolof Title. Upon request, the Developer shall fumish the City with evidence satisfbctory
to the City that it has the authority ofthe f-ee 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 r.vhich the Developer may make use of such property.
The Developer further agrees that it will indemnily. defend, and hold harmless the City. its
goveming body members, officers. and employees from any claims or actions arising out ol
the presence, il 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 ofsuitability ofsoils
nor the cost ofcorrecting any unsuitable soil conditions which may exist.
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