_signed Site Plan Agreement Eden Springs 2025-10CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2025.10
EDEN SPRINGS ASSISTED LIVING & MEMORY CARE
SPECIAL PROVISIONS
SITE PLAN AGREEMENT ("Agreement") dated October 27,2025, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and LIGHTHOUSE
HOMES, LLC a Minnesota corporation, (the "Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 42-bed assisted living/memory care facility and associated site improvements to be located on
land in Carver County, Minnesota legally described in Exhibit B ("Subject Property"), which
buildings include the following: multifamily residential (refened to in this Agreement as the
"project").
2. Conditions of Site Plan Approval. The City hereby approves the project on condition that
the Developer enters 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, prepared by Civil Site Group, dated October2l,2025 shall not be attached
to this Agreement. If the plans vary from the written terms ofthis Agreement, the written terms shall
control. The plans are:
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TITLE SHEET
REMOVALS PLAN
TREE PRESERVATION PLAN/CANOPY PLAN
TREE PRESERVATION PLAN NOTES
SITE PLAN
TURNING MOVEMENT AND WETLAND BUFFER DIAGRAMS
GRADING PLAN
UTILITY PLAN - SANITARY & WATER
UTILITY PLAN - STORM
CNIL DETAILS
CNIL DETAILS
CNIL DETAILS
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CNIL DETAILS
CNIL DETAILS
LANDSCAPE PLAN
LANDSCAPE PLAN NOTES & DETAILS
SWPPP - EXISTING CONDITIONS
SWPPP - PROPOSED CONDITIONS
SWPPP - DETAILS
SWPPP - NARRATIVE
SWPPP - ATTACHMENTS
SWPPP _ ATTACHMENTS
TITLE SHEET
ROOF PLAN, MONUMENT SIGN, TRASHENCLOSURE, EXTERIOR
MATEzuAL PALETTE
RENDERED ELEVATIONSA30l
4. Time of Performance. The Developer shall install all required screening and landscaping by
October 27, 2027 . 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 and all of the Plans,
payment of all the costs of all public improvements and construction of all public improvements, the
Developer shall fumish the City with a letter of credit in the form attached hereto, from a bank
acceptable to the City, cash escrow, or equivalent ("security") for $1.050.953.64 (erosion control,
grading, landscaping, stormwater, public improvements, etc.). The security shall be ll0 percent of
the following:
Grading/ Erosion Control/ Landscaping
Northern Buffer Reestabl ishment
Street impact
Sanitary Sewer
Watermain
Storm Sewer
$235,556.50
$25,300
$196,649.90
$79,614
$75,585
s342,707
Sub-Total $955,412.40
ll0o/o s1,050,953.64
The 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 of the required term. If the required public improvements are not completed at least thirty
(30) days prior to the expiration of the 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 of proof
satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approvalthe security may be reduced from time to time by ninety percent (90%)
of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by
the Developer's engineer shall be retained as security until all improvements have been complete, all
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financial obligations to the City satisfied, the required "as constructed" plans have been received by
the City, a warranty security is provided, and the public improvements are accepted by the City
Council.
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 of credit or cash escrow in an amount
sufficient to insure the installation of said landscaping.
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 Developer's 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:
Lighthouse Homes, LLC
168 Pioneer Trl, No. 129
Chaska, MN 55318
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, Charhassen, Minnesota 55317, Telephone (952) 227 -
I 100.
7. Other Special Conditions. City Council hereby approves a site plan for a development of
a 42-bed assisted living/memory care facility and associated improvements subject to the conditions
provided in this Agreement and the following conditions:
Forestry:
l. The Developer shall provide a complete inventory of all trees being removed. Provide the
species by name - in some cases, the words cottonwood, ash, or willow are specific
enough. Be specific on the type of elm, locust, maple, spruce, pine, etc. That inventory
shall include the tree species, DBH measurement, and current condition listed as either
poor, fair, or good.
2. The Developer shall submit an acceptable planting plan that complies with diversity
requirements. City code requires species diversity such that no more than l0o/o of the
planting is the same species; no more than20o/o of the same genus; and no more than
40%ofrom the same family.
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3. The Developer shall provide more detail on the location of tree protection fencing, the
type of fence being used, and the species being protected.
4. The Developer shall ensure that the landscape value of the project conforms to City Code
Section 20-1179.
5. The Developer shall provide baseline canopy coverage and minimum canopy coverage
analysis as outlined by City Code section 18-61.
6. Prior to any tree removals, the Developers contractor shall schedule an inspection with
the City Forester to confirm which trees will be removed onsite as part of the buffer re-
establishment plan.
Engineering:
1. The Developer and their engineer shall work with City staff in amending the construction
plans, dated 1012112025, prepared by Anders Melby with Civil Site Group, to fully satisfy
construction plan comments and concems. Final construction plans will be subject to
review and approval by staff prior to the recording of the site plan agreement.
2. All newly constructed streets and sidewalks will be privately owned and maintained. The
developer shall provide for review and approval maintenance agreements for these
improvements.
3. All sanitary sewer mains shall be privately owned and maintained and their connection to
the MCE,S interceptor be permitted through MCES. Approval to connect directly to the
MCES interceptor shall be provided to the City prior to recording of the Site Plan
Agreement. The Developer will be required to enter into a maintenance agreement with
the city for the proposed inside drop within MCES manhole prior to issuance of building
permits.
4. It is the Developer's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. MCES, Army Corps of Engineers, DNR,
MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources,
PCA, MDH, MPCA, etc.). Once permits are received, applicant shall provide copies to
the City's engineering office prior to start of construction.
5. Developer shall provide a traffic control plan to construct the connections to 78th Street
and the connection to the existing watermain.
6. Developer shall provide agreement with MCES to connect into manhole.
7. For connection to W 78th St, the Developer shall provide a straight cut across the entire
road width.
8. The Developer shall update the removal plans showing no pavement removals due to the
directly drilled sewer crossing.
9. Casing the sewer service crossing 78th is not required but would be acceptable if selected
by the Developer. Developer shall resubmit plans showing the final construction method
selected by applicant.
10. Impact to WB 78th St to construct the eastern most driveway entrance shall be four feet
u,ide in order to achieve pavement compaction densities. The Developer shall match
existing pavement & road section.
1 1. Impact to WB 78th St to construct the westem most driveway entrance shall be one large
rectangle in order to limit differential settlement. Reference reviewed PDF from
t012212025.
12. The Developer shall work with their engineer to adjust the proposed gate valve to keep it
outside the curb and gutter prior to issuance of a building permit.
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13. The Developers shallhave their engineer stretch the detailplate sheets to improve
legibility prior to issuance of a building permit.
Water Resources:
l. The Developer shall provide an operation and maintenance plan (O&M) for the private
stormwater BMPs onsite. The O&M of private stormwater BMPs is required in
perpetuity and must be approved by the Water Resources Engineer, or their designee, to
be recorded against the benefiting properties, prior to building permits being issued. The
O&M agreement shall outline the areas to be irrigated with the reuse system. This shall
be approved by the City and recorded against the property prior to issuance of a building
permit.
2. It is the Developer's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. MnDNR, Carver County, RPBCWD,
Board of Water and Soil Resources, MnDOT, DNR, etc.) prior to the commencement of
construction activities.
Building:
l. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
2. Building plans must be submitted to the Department of Labor and Industry @OLI) for
plan review.
3. After DOLI has completed their plan review a building permit must be obtained from the
City of Chanhassen before beginning any construction.
4. The building is required to have automatic fire extinguishing systems.
5. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet
in height require azoningpermit.
Fire:
l. The building is required to have a full fire alarm with notification system. A certificate of
occupancy shall not be issued prior to passing a fire alarm final inspection.
2. Hydrants are required within 100 feet of both fire department connection locations.
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.
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2298'79v4
CITY OF CHANHASSEN
BY *,n fin, t
etlr6nyun,rvt{
AND: lAi,\,(lryW
Laurie Hokkanen, City Manager
STATE OF MTNNESOTA
COUNTY OF CARVER
The foregoing instrument was acknowledged before me ttris 30 Aay of b C**-r^ ,2025,by
Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota
municipal
Council.
corporation, on behalfofthe corporation and pursuant to the granted by its City
N PUBLIC
SS
)
(
)
6
JENNIFER ANN POTTER
Notary Public-Minnesota
My Commls3ion ExpkesJan 31, 2027
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DEVELOPER:
LIGHTHOUSE HOMES, LLC
BY
Its:
STATE OF MTNNESOTA
COLINTY OF
2025 bv
ss.
)
(
)
The foregoing instrument was acknowledged before me this 21 auy ot 1c;tohn
the D Homes, LLC, a Minnesota
corporation, on behalf the entity.
PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(9s2) 227-1100
7
KATLYN M. VOGT
Ndary Public.Mlnnesola
My Comml.don E,9fi.. Jan.x,NA
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N,IORTGA(;E HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Visi.o.'$p^1c
which holds a mortgage on the subject property, the development of which is govemed by the
foregoing Site Plan Agreement agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dared this dd"r "r 0 )pt"' . 262s.
a\b' 0o dt nl
S'TATE OF MINNESOTA )
couNrY sp\Aetu"p''
The foreso
( ss.
2025. by
inp instrument was acknowledsed before me this
5"4c,^ N^'. Ma.aoi 3Sou,.r o.loL
s
"6I7t
((
NO t n ItY I't BI I(
DttAFTED BY:
City ofChanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen. MN 55317
(9s2) 227 -1100
lt
2298?9v3
)
Public
ol
My
3r I
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A"
GENERAL CONDITION
l. Right to Proceed. Within the Subject Property, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, construct public or private utilities, or any buildings
untilallthe following conditions have been satisfied: 1) this Agreement has been fully executed by
both parties, filed with the City Clerk and recorded with the County Recorder's Office or Registrar of
Title's Office of the County of the Subject Property, 2)the necessary security 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 Subject Property 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. Public Improvements. The public improvements shall be installed in accordance with City
Standard Specifications and Detail Plates and City Ordinance. The Developer shall submit plans and
specifications which have been prepared by a competent registered professional engineer to the City
for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards as a
condition of City acceptance. The Developer shall obtain all necessary permits from the Metropolitan
Council Environmental Services and other pertinent agencies before proceeding with construction. In
addition, the City may, at the City's discretion and at the Developer's expense, have one or more City
inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer
shall provide for on-site project management. The Developer's engineer is responsible for design
changes and contract administration between the Developer and the Developer's contractor. The
Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at
the City with all parties concerned, including the City staff, to review the program for the construction
work. Within thirty (30) days after the completion of the improvements and before the security is
released, the Developer shall supply the City with a complete set of reproducible "as constructed"
plans and an electronic file of the "as constructed" plans prepared in accordance with City standards.
After completion of the improvements, a representative of the contractor, and a representative of the
Developer's engineer will make a final inspection of the work with the Ciry- Engineer. Before the City
accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed
in accordance with the approved plans and specifications and the Developer and his engineer shall
submit a u,ritten statement to the City Engineer certifying that the project has been completed in
accordance u,ith the approved plans and specifications. The appropriate contractor waivers shall also
be provided. Final acceptance of the public improvements shall be by City Council resolution.
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A. Warrantv. The Developer warrants all public improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. 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. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
5. 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 fonhwith 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 notiS, the
Developer in advance of any proposed action, but failure of the Ciry- 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 removalof the erosion control measures.
6. Clean up. The Developer shall maintain a neat and orderll' u,ork site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the sunounding area that has
resulted from construction work by the Developer, its agents or assigns.
7. 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
u,arranted 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 acceptance.
8. 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 indemnit, the City and its officers and
employees for all costs, damages, or expenses u,hich 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
Agreement, 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 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 8%o per year.
D. The Developer shall pay all costs incurred by it or the City in conjunction with the
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development of the site and installation of public improvements, including but not limited to
legal, planning, engineering and inspection expenses incurred in connection with approval of
the site plan, the preparation of this Agreement, review of any other plans and documents.
E. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"),
City water connection charges, City sewer connection charges, and building permit fees.
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 any expense incurred by the City, provided the Developer is first
given written notice of the 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 w,ork, the City may, in addition to its other
remedies, assess the cost in whole 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 thifty (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. Severabilitv. 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 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 perrnanent 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 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 failure 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 Subject Property. The Developer covenants with the City, its successors and assigns, that
the Developer has fee title to the Subject Property andlor has obtained consents to this
Agreement, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the properry; and that the Developer will indemnif,
and hold the City harmless for any breach of the foregoing covenants.
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 lar,l'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
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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 Agreement 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 heary 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 of all
internal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Svstems. 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
shall be done priorto 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 Reeulations. 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 Govemment, 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 to enter
into this Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the Subject 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 indemnifu, 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 Subject 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 Subject
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.
P. Insurance. Developer shall take out and maintain until six (6) months after the City has
accepted the public improvements, public liability and properly damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the u'ork of its subcontractors or by one directly or indirectly employed
by any of them. Limits for bodily injury and death shall be not less than $500,000 for one
person and $1,000,000 for each occurrence; limits for properry damage shall be not less than
$500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more.
The City shall be named as an additional insured on the policy, and the Developer shall file
with the City a certificate evidencing coverage prior to the City signing the Agreement. The
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certificate shall provide that the City must be given ten (10) days advance written notice of
the cancellation of the insurance. The certific ate may not contain any disclaimer for failure to
give the required notice.
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EXHIBIT B
Legal Description:
That part of Tracts A and B below:
Tract A:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township I l6 North,
Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter,
distance 195.0 feet west of the southeast corner thereof; thence west along said south line a
distance of 361.00 feet; thence northerly parallel to the east line of said Southeast Quarter of the
Southeast Quarter a distance of 593.20 feet; thence deflecting right at an angle of 62 degrees 00
minutes 00 seconds a distance of 150 feet, more or less, to the center line of creek; thence
easterly along said centerline to its intersection with a line drawn northerly and parallel with said
east line from point of beginning; thence southerly along said parallel line to the point of
beginning.
Tract B:
That part of the Southeast Quarter of the Southeast Quarter of Section 1 0, Township 1 I 6 North,
Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter,
distance 195.0 feet west of the southeast comer thereof; thence northerly parallel with the east
line of said Southeast Quarter of the Southeast Quarter to its intersection with the centerline of
the creek; thence easterly along said centerline of the creek to its intersection with the east line
said Southeast Quarter of the Southeast Quarter; thence southerly along said east line to the
southeast comer of said Southeast Quarter of the Southeast Quarter; thence west along said south
line to the point of beginning; which lies northerly of the northerly boundary of Minnesota
Department of Transportation Right of Way Plat Numbered 10-09 as the same is on file and of
record in the office of the County Recorder in and for said county.
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TO
IRREVOCABLE LETTER OF CREDIT
No
Date:
City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $available to you by your draft
drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No dated
ofBank
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at
75,2_.
(Address of Bank)on or before 4:00 p.m. on November
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (u,hich shall be November 15 of each
year), the Bank delivers written notice to the Chanhassen City Manager that it intends to
modi0, the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by
certified mail, postage prepaid, and deposited in the U.S. Mail, at least forfy-five (45) days
prior to the next annual renewal date addressed as follows: Chanhassen City Manager,
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and
is actually received by the City Manager at least thirry (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any q,ay be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be govemed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, Intemational Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be
duly honored upon presentation.
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BY
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