RECORDED Site Plan Agreement MMW A804052Document Number: A8O4O52
Filed and/or Recorded on
Aug 6, 2026 1:53 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy DL
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: City of Chanhassen
Pages: 14
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 #2026.04
MINNETONKA MIDDLE SCHOOL WEST ADDITION
SPECIAL PROVISIONS
SITE PLAN AGREEMENT ("Agreement") dated June 8,2026,by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Minnetonka Public School
District 276 a Minnesota corporation, (the "Developer").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for building additions and site improvements to a public middle school to be located on land in Carver
County, Minnesota legally described in Exhibit B ("Subject Property"), which include the following:
West Science Classroom Addition, East Gymnasium, Stage, and Storm Shelter Addition, and Field
Modifications (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 shall not be attached to this Agreement. Ifthe plans vary from the written
terms of this Agreement, the written terms shall control. The plans are:
A0.0 Title Sheet
vl.0
vl.1
Y1.2
v 1.3
vt.4
Boundary & Topographic Survey
Boundary & Topographic Survey
Boundary & Topographic Survey
Boundary & Topographic Survey
Tree Table
Overall Site Information
Tree Preservation and Removal Plan
Tree Inventory Chart and Landscape lnformation
Site Landscape Plan West Area
Site Landscape Plan - Center Area
Ll.0
Ll.l
Lt.2
L2.0
L2.),
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L2.2
L2.3
Site Landscape Plan - East Area
Transplanted Tree Location Plan and Planting Details
Stormwater Pollution Prevention Plan
Overall Existing Conditions and Removals Plan
Existing Conditions and Removals Plan
Existing Conditions and Removals Plan
Overall Site Paving and Utility Plan
Site Paving and Utility PIan
Site Paving and Utility Plan
Site Paving and Utility Plan
Overall Signage, Striping, and Dimension Plan
Signage, Striping, and Dimension Plan
Signage, Striping, and Dimension Plan
Overall Grading and Drainage Plan
Grading and Drainage Plan
Grading and Drainage Plan
Erosion and Sediment Control Plan
Civil Details
Civil Details
Civil Details
Civil Details
Civil Details
cl.0
c2.0
c2.l
c2.2
c3.0
c3.l
c3.2
c3.3
c4.0
c4.l
c4.2
c5.0
c5.l
c5.2
c6.0
c7.0
c7.1
c7.2
c7.3
c7.4
First Floor Reference Plan
Unit A First Floor Plan and Schedules
Unit B First Floor Plan and Schedules
Unit E First Floor Plan and Schedules
Unit J First Floor Plan and Schedules
Unit J Upper Level Floor Plan and Schedules
A4.1 ExteriorElevations
El .0 Electrical Site Plan
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, flom a bank
acceptable to the City, cash escrow, or equivalent ("security") for $1,859,754.60 (erosion control,
grading, landscaping, stormwater, public improvements, etc.). The security shall be 110 percent of
the following:
Al.0
A3.l
A3.2
A'3.3
A3.4
A'3.5
2
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4. Time of Performance. The Developer shall install all required screening and landscaping by
October 31, 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.
Grading/ Erosion Control/ Landscaping $
Street impact $
Sanitary Sewer $Watermain $
Storm Sewer $
I ,144.8540.00
0.00
233,000.00
0.00
3t2,832.00
Sub-Total $ r,690,686.00
ll00A s 1,859,75{.60
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
suffrcient 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 ofthe 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:
Minnetonka Public School District 279
;i\,%:,'f#ffIJ%?'
Minnetonka, MN 55345
J
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The City may draw down the security, on five (5) business days written notice to the Developer,
for any violation of the terms ofthis Contract or without notice ifthe security is allowed to lapse prior
to the end ofthe required term. Ifthe 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. Ifthe
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 approval the 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
financial obligations to the City satisfied, the required "as constructed" plans have been received by
the City, a warranty secwity is provided, and the public improvements are accepted by the City
Council.
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 rnail 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-
I 100.
7. Other Special Conditions. City Council hereby approves a site plan for a development of
for building additions and site alterations to a public middle school subject to the conditions provided
in this Agreement and all conditions listed in the city staff report for site plan approval written by
Rachel Jeske et al, approved on April 13,2026.
8. General Conditions. The general conditions ofthis 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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'c,-CITY OF CHANHASSEN
Elise Ryan, MayI rl
Laurie Hokkanen, City Manager
STATE OF MINNESOTA
COL]NTY OF CARVER
The foregoing instrument was acknowledged betbre me this l0 day of {XnL , 2026, by
Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalfofthe corporation and pursuant to the authority granted by its City
Council.
NOT LIC
JENNIFER ANN POTTER
Notary pu blic.Minnesota
Expt,..,rrn 31, 2O2t
)
(
)
SS
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229879v1
By: fu^rL fi/ry"^)
oNo,'t 0,tu.4<l,fYWahlv'
St'/,*=-
DEVELOPER:
Minneto
Mr, Pau
Operati
BY:
ublic School l)istrict 279
ls of Finance &
lts:G SssJ
STATE OF MINNESOTA
DRAFTED BY:
City of Chanhassen
7700 Ma*et Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -t tN
lrLf.finuc-
SS.
)
(
)COI-INTY oF Het,nef )a
The foregoing instmment was acknowledged before me this 3rJ day of JDne
2 ftt of Minnetonka Public School District279.
a
NOTARf4UBLIC
6
WITIIAM FOSPEST POPPE
NOTAFY PUBLIC - MINNESOTA
M)/ Comm. Exp. Jan. 31, 2030
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FvEcrrct"€
FEE OWNER CONSENT
TO
SITE PLAN AGREEMENT
Minnetonka Public School District 279, a Minnesota limited liability company, fee owner
of all or part of the subject property, the development of which is govemed by the foregoing Site
Plan Agreement, affirms and consents to the provisions thereof and agrees to be bound by the
provisions as the same may apply to that portion ofthe subject property owned by it.
Dated thie(O day or JCI.IIA ,2026.
Minnetonka Public School District 279
Mr. Pa rgeo ctor of Finance & Operations
By
Paul Bourgeois [print name
Its: Director ofFinance & Operations
SI'AI'E OF
)ss
COLTNTY OFt-"""fr
The foregoing instrument was acknowle dged before me this 3r/ day of
E-xec. Ait o!3* o
J-nne
2026, by A,) flou'o"u)-,the of
Minnetonka iublii ScKool Dis tnct 279, a Minnesota limiled liability company, on behalf of said
entity.
F
N ARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSoN
P rofe s s i o n al A s s o ci at ion
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesot a 55121
65 1-452-5000
AMP/smt
WILLIAM FOFFESI POPPE
NOTAHY PUBLIC.MINNESO]A
My Comm. Exp. Jan. 31, 2030
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I . 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
until all the following conditions have bcen satislled: l) 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 pennit provided the foregoing conditions having been
satisfied.
2. Maintenance ofSite, 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 perfonn all work and inspections deerred appropriate by the City in
conjunction with site plan development.
4. Public Improvements. The public improvements shall be installed in accordance with Chy
Standard Specifications and Detail Plates and City Ordinance. The Developer shall submit plans and
specitications which have been prepared by a competent registered professional engineer to the City
fbr approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspcction pelsonnel 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 Developershall obtain all necessary permits from the Metropolitan
Council Environmental Sewices and olher pertinent agencies betbre proceeding with construction. In
addition, the City may, at the City's discretion and at the Developcr's expense, have one or more City
inspcctors and a soil engineer inspect 1he work on a full or part-time basis. The Developcr's engineer
shall provide for on-site project managen'renl. 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 meeling at a nrulually agreeable time at
the City with all parties concemed. including the City stall, to review the program for Ihe construction
work. Within thirty (30) days after the completion of the improvements and before the securily is
released. the Developer shall supply the City with a complete set of reproducible "as constructed"
plans and an electronic file ofthe "as constructed" plans prepared in accordance with City standards.
Aficr corrpletion of the improvements, a representative of the contractor, and a representative of the
Developer's engineer will nrake a final inspection olthe work with the City Engineer. Before the City
accepts the improvements, the City Engirreer shall be satisfied that all work is satisfactorily completed
in accordance with the approved plans and specifications and the Developer and his engineer shall
subnrit a written statement to the City Engineer certifying that lhe project has been completed in
accordance with 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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CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT ''A'
GENERAL CONDITION
A. Wananty. The Developer warrants all public improvements required to be constructed by it
pursuant to this Contract against poor nraterial and faulty workmarrship. The Developer shall
submit either I ) a warranty/rnaintenance bond for 100% ofthe cost ofthe improvement, or 2)
a |etter 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 lrom the date offinal
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 forthwith after the corrpletion 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. AII 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. lf the Developer does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City rray take such action as it
deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless there is full compliance with the erosion control requirements.
Erosion control shall be maintained until vegetative cover has been restored. After the site has been
stabilized to where, in the opinion ofthe City, tlrere is no longer a need for erosion control, the City
will authorize rernoval of the erosion control measures.
6. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surounding area that has
resulted from construction work by the Developer, its agents or assigns.
7. Warranty. All tlces. grass, and sod required in the approved Landscaping Plan, Plan C, shall be
warranted to be alive. ofgood quality, and discase free at the tirne of planting. All trees shall be
warranted for twelve ( l2) months from the time of planting. 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 officers and employees harmless from claims made
by itself and third parties for damages sustained or costs incurred resulting from site plan
approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages, or expenses which the City may pay or incur in consequence
of such clairns, 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 fbr obligations incurred
under this Agreement within thirty (30) days alier receipt. Ifthe 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 802 per year.
D. The Developer shall pay all costs incurred by it or the City in corrjunction 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 ofany other plans and documents.
E. ln add ition 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
perlormed 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 wrilten notice ofthe work in default, not less than four (4) days in advance. This Agreernent is
a license lor the City to act. and it shall not be necessary lor 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.
10. Miscellaneous.
A. Construction Trailers. Placement ofon-site construction trailers and temporaryjob site offices
shall be approved by the City Engineer. Trailers shall be removed from the subject property
within thirty (30) days following the issuance of a certificate of occupancy unless otherwise
approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Agreement.
D. Breach ofContract. Breach ofthe terrns ofthis Agreerncnt by the Developer shall be grounds
lor denial of building permits.
E. Severabilitv. Ifany portion, section, subsection, sentence, clause, paragraph, or phrase ofthis
Agreement is for any reason held invalid, such decision shall not affect the validity of the
rernaining portion of this Agreement.
F. Occupancv. Un less approved in writing by the City Engineer, no one rnay occupy a building
for which a building permit is issued on either a temporary or permanent basis untilthe streets
needed for access have been paved with a biturninous surface and the utilities tested and
approved by the city.
C. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions olthis 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 prornptly take legal action to enforce this Agreement shall not be a waiver
or release.
H. Recordins. This Agreernent 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 and/or has obtained consents to lhis
Agreement, in the form attached hereto, from all parlies who have an interest in the propeny;
that there are no unrecorded interests in the property; and that the Developer will indemniS
and hold the City harmless for any breach ofthe foregoing covenants.
l. Rernedies. 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
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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 A greement shallbe 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 lirrited to grading,
utility installation and paving, requiring the use of heavy 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
intemal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. lf soil treatment s ystems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable altemative sites are flrst
provided, the two soiltreatrnent 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 perrnit.
L t'lt lianc h ances R tu lat ion . In the development of the site plan.l1
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 of Engineers;
4. Watershed District:
5. Metropolitan Covernment, 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 to enter
into this Agreement.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition ofthe 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 drat it will indernnify, defend, and hold harmless the
City, its goveming body members, officers, and employees from any claims or actions arising
out ofthe presence, ifany, ofhazardous 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 ofsoils nor the cost ofconecting 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 improvernents, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed
by any of thern. Limits for bodily injury and death shall be not less than $500,000 lor one
person and $ I ,000.000 for each occurrence; lirnits for property 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 narned as an additional insured on the policy, and the Developer shall tile
with the City a certificate evidencing coverage prior to the City signing the Agreernent. The
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certificale shall provide that the City must be given ten ( l0) days advance written notice of
the cancellation ofthe insurance. The certificate may not contain any disclaimer for failure to
give the required notice.
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EXHIBIT B
Legal Description:
The Southwest Quarter (SW %) of the Northwest Quarter (NW %) of Section Three (3), Township
One Hundred Sixteen (l l6), Range Twenty Three (23) West, according to the U.S. Govemment
Survey thereof, excepting therefrom the 35/l00ths acres conveyed by deed recorded in the office of
the Register of Deeds of Carver County, Minnesota, in Book 8 of Deeds, page 400, and that part
thereofconveyed by deed recorded in the office ofthe Register ofDeeds ofCarver County,
Minnesota. in Block 4l of Deeds, page 322, and subject to the right, title and interest of the State of
Minnesota in that strip of land conveyed by deed recorded in the office of Register ofDeeds of
Carver County, Minnesota, in Block 33 of Deeds, page 25.
Also that part ofLot E, Bardwell Acres, not conveyed by said deed recorded in the office ofthe
Register of Deeds of Carver County, M innesota. in Book 4 I of Deeds, page 322.
Subject to a permanent easement for roadway purposes as recorded in the office ofthe Register of
Deeds of Carver County, Minnesota, in Book 64 of Deeds, page 32.
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