_signed amended and restated SPA 2025-07 Santa Vera Phase II to be recordedCITY OF CHANHASSEN
AMENDED AND RESTATED SITE PLAN ACREEMENT #2025.07
SANTA VERA PHASE II
SPECIAL PROVISIONS
THIS AMENDED AND RESTATED SITE PLAN AGREEMENT C'Ageement") dated August
31,2026, by and between the CITY OF CHANIIASSEN, a Minnesota municipal corporation, (the
"City"), and SV PROPERTY LLC, a N{innesota limited liability company, (the "Developer").
RECI'I'AIS
WHEREAS, on July 13, 2026, he City of Chanhassen granted Santa Vera Apartments'
LLC. a Delaware limited liability company, ('Santa Vera") site plan approval for Santa Vera Phase
Ilr
WHEREAS, the Ciry- and Santa Vera entered into a Site Plaa Ageement dated July 13'2026
("Original Site Plan Agreement") lbr the property legatly described as Lot 2, Block t, Saratoga 3'd
Addition which Original Site Plan Agreement has not yet been recorded;
WHEREAS, Santa Vera assigned the Original Site Plan Ageement to Developer by
Assignment of Site Plan Agreement dated August 25, 2026 ("Assignment"); and
WHEREAS, the Developer desires to amend and restate the Original Site Plan Agreement
and revisions to this Agreement are necessary to amend and restate the Original Site Plan Agreement
to be consistent with the Assignment referencing the new Developer.
NOW, TIIEREFORE, the parties agtee as follows:
l. Request for Site Plan Approval The Developer has asked the City to approve a sile plan
lor trvo multifamily aparenent buildings, one *.ith l2-units and the other with 16-units and associated
site improvements ro be located on land in Carver County, Minnesota legally described in Exhibit B
(''subject Property"), which buildings include the following: multifamily residential (refened to rn
this Agrcement as the "project" ).
2. Conditions of Site Plan Approval. The City hereby approves the project on condition that
229879v1
the Developer enters into this Agreement and fumish the security required by it
3. Improvements and Development Plans. The project shall be developed and maintained in
accordance with the following plans. The plans shall not be attached to this Agreement. If the plans
vary'from the wrinen terms of this Agreement, the rwitten terms shall control. The plans are:
CI.O TITLE SHEET
C2.I DEMOLITION PLAN
C3,O SITE PLAN
C4.O GRADINC PLAN
C5.O UTILITY PLAN
C5,I STORMSEWERPLAN
C6.O PTLA.SE I EROSION CONTROL
C6.I PTL{SE2 EROSIONCONTROL
C7.O SWPPPNARRATTVE
C7.1 SWPPPNARRATIVE&NOTES
C8.O CTVIL DETAILS _ UTILITY DETAILS
C8.I CTVIL DETAILS _ STORM SEWER DETAILS
C8.2 CIVIL DETAILS _ STORM SEWER DETAILS
C8.3 CTVIL DETAILS _ SITE DETAILS
C8.4 CryIL DETAILS _ ADA DETAII,S
C8.5 CNIL DETAILS - ADA DETAILS - CONTINUED
LO.I TREE PRESERVATION PLAN - TREE INVENTOR\'
LO.2 TREE PRESERVATION PLAN
Ll.O LANDSCAPE PLAN
L2.O LANDSCAPE DETAILS
ARCHITECTURAL PLANS DRAFTED BY KAAS W]LSON ARCHITECTS ON 7/10/25
4. Time of Performance. The Developer shall irstall all required lmprovements including
screening and landscaping as shoun in the Development Plans by December 3 l, 2027. The Developer
may, however, request an extension of time from the Ciq-. If an extension is granted, it shall be
conditioned upon u$ating rhe security posted by the Developer to reflect cost increases and the
extended completion date.
5. Security, To guarantee compliance with the terms of this Agteement and all of the Plans,
payment of all the costs of all public improvements ard conskuction of all public improvements, the
Developer shall fumish the City with a lener of credit in the form attached hereto, from a bank
acceptable to the Citv, cash escrow, or equivalent ("security") for $1,005,730 (erosion control,
grading, landscaping, stormwater, public improvements, etc.). The security shall be I l0 percent of
the following:
Grading/ Erosion ControV Landscaping $
Sreet impact $
Sanitary Sewer $Watermain $
Storm Sewer $
235,900.00
30,000.00
28,400.00
101,800.00
s l 8,200.00
1
2298?9!l
Sub-Total 914,300.00
ll0.1,005,730.00
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.
SV PROPERTY LLC
C/O Ridgeline Partners
ATIN: Ryan Sailer
10650 Red Circle Drive
Suite 200
Minnetonka MN 5 5343
$
$
The City may drarv dov,n the security, on fir,e (5) business days written notice to the Developer,
for any violation of the terms of this Contract or without notice if the se,Durity is allowed to lapse prior
to the end of the required term. If the required public improvemenls 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 ii drawn down the proceeds shall be used to cule the default. Upon receipt of proof
satisfactory to rhe City that work has been completed and financial obligations to the City have been
satisfied, wirh City approval the security may be reduced from time to time by ninety percent (907o)
of the financial obligations that have been satisfied- Ten percent (10%) of the amomts 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 Ciry, a warranty secwity 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 ofcredit or cash escrow in an amount
sufficient to insure the installation of said landscaping.
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:
Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed
to the City by certihed mail in care of the City Manager at the fotlowing address: Chanhassen City
3
229879v3
Hall,7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227'
I t00
7. Other Special conditions. city council hereby approves a site plan lbr a development of
two multifamily apartment buildings, one with l2-units and the other with 16-rurits and associated
improvements subject to the conditions provided in this Agreement and all conditions listed in the
city staff reporr for site plarL approval written by Rachel Jeske et al, approved on August 25, 2025.
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 instrurnent.
10. Effect of Agreement, This Agreement amends, restates, and supersedes in its entirety, the
Original Site Plan Agreement, which shall be ofno further force and effect, and shall become null
and void, upon the full execution ofthis Agreement
4
129819\3
CITY OF CHANHASSEN
BY:
Elise Ryan Mayor
AND:W\il$L *n%hwln
Laurie Hokkanen. Cin Manager
STATE OF MINNESO'TA
COTNTY OF CARVER
SS
)
(
)
The foregoing instrument was acknowledged before me thi
Elise Ryan, Mayor, and by Laurie Hoklianerl City Manager, of the
municipal corporation, on behalf of the corporation and pursuant to the aulhority granted by its Cit '
Counsil
JENNIFEH ANN POTTER
NotarY Public-Minnesota
ExpkdJrn 31' 2027
, 3 dun or Sttknubr.zozo.at
CEof 'Ch-hTt-n,uMi*.*t
5
22987q!1
L
Norflru'er_rc
DEVELOPER:
SV PROPERTY LLC
BY:
Its
STATE OF MINNESOTA
COLINTY OF D^Ar7a
2026
liabil
DRAFTED BY:
City of Chanh&sscn
7700 Markct Boulevad
P. o. Box 147
Chaniasscrl MN 55317
(957) 227 .t tN
SS
)
(
)
NOTARY PUBLIC
6
',ffi*,
JAY EDWAROS
NOTARY PUBLIC
MINNESOTA
cd a.i.n E4r- J4-Y 3r.2O2l
229819\)
of fioto 17-,
a Minnd'sota limited
FEE OWNER CONSENT
TO
SITE PLAN AGREEMENT
Santa Vera Apartments, LLC, a Minnesota limited liability company, fee owner of all or
pan of the subject property, the development of which is governed by the foregoing Site Plan
Agreemenl, 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 this L day of l,v.au* ,2026
Santa Vera A partmen LLC
By
[print name]
Its: fu^ptf Ititle]
STATE OF M'nnos6l*{
CouNrY or Pezd )
The foregoing instrument was acknowledged before me this 16 day of
2026, by iVrral 5 a'l o f?--the tst jt1--of
Santa Vera Apartments, LLC, a Minnesota limited Iiabili ty company, on f of said entity
)aY Eb t',4p,tzs,9
NOTARY PUBLIC
)
)ss
JAY EDWARDS
NOTARY PUSLIC
MINNESOTA
C,tri$b. Erprd JBt]J' 3i 2021
DRA.FTED BY:
CAMPBELL KNUTSON
Profe s s io n a I As s ociation
Grand Oak Offtce Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 5 5l2l
651-452-5000
7
129819\3
CITY OF CHANI{ASSEN
SITE PLAN AGREEMENT
EXHIBIT'A"
GENERAL CONDITION
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 follo*ing conditions have been satisfied: 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 Offrce of the County of the Subject Property, 2) the necessary securiry and fees have been
received by the City, 3) the necessar.v insurance for the Developer and its contractors has been
received by the Cit-v,4) a preconstruction meeting has been held by the Developer and the Developer's
Engineer, and 5) the Ciry- has issued a grading (or similar) or building permit provided the foregoing
conditiors having been satisfied.
2. Maintenance of Site. Ihe Subject Propertv 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, ollicers 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 regislered professional engineer to the City
for approvat by the City Engineer. The Developer shall insruct its engineer to provide adequate field
insp€ction personnel to assure an acceptable level ofqualitv control to the exlent that the Developer's
engineer rvill be able to certiry that the construction work meets the approved City standards as a
condition of City acceptance. The Developer shall obtain all necessar,v permits fiom tie Me&opolitan
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-consauction meeting at a mutually agreeable time at
the City with atl parties concemed, including the Cilv staff, to revierv the program for the construction
work. Within thirty (30) days after the completion of the improvements and before the securiry is
released, the Developer shall supply the City with a complete set of reproducible "as constructed"
plans and an electronic file ofthe "as constnrcted" plans prepared in accordance with City standards.
Afler completion of the improvements, a representative of the contractor, and a representative of the
Developer's engineer r,l'ill make a final inspection of the work with the City 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 wdtten slatement to the City Engineer certi$ing thal the project has been completed in
accordance with the approved plans and specifications. The appropriate contractor waivers shall also
be provided. Fina.l acceptance of the public improvements shatl be by City Council resolution.
22g87gv3
I
A. Warantv. The Developer warrants all public improlements required to be constructed by il
pusuarrt lo this Contract against poor material and faulty workmanship. The Developer shall
submit eilher l) a wananty/maintenance bond for 100% of the cost of the improvemen! or 2)
a letter of credit for twenty-five percent (25%) of the amount of ttre original cost of the
improvements. The required warranr)- period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date ofllnal
rwitten City acceptance of the work.
5. Erosion Control. Before the site is rough graded, ard 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 distrubed
by the excavation and backfilling operations shall be reseeded forthwith after the completion ofthe
work in that area. Excepl as otherwise provided in the erosion control plan, seed shall be cerlified
seed to provide a temporary grorurd cover as rapidly as possible. All seeded areas shall be fertilized,
mulched, and disc anchored as necessary for seed retention. The parties recogrrize that time is ofthe
essence in controlling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary instn:ctions received from the Cit-v, the City may take such action as it
deems appropriate to control erosion at the Develop€r's expense. The City will endeavor to notifu 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 fuu compliance with the erosion control requiremenls.
Erosion control shall be maintained until vegetative cover has been restored. Alter the site has been
stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the Citv
will authorize removal ofthe 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, liom streets and the surrowrding 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. AII trees shall be
wananted for twelve ( 12) months from the time of planting. The Developer or his contracto(s) shall
post a lener ofcredit or cash escrow to the City to secure the warranties al the time offuul acceptance.
8. Responsibility for Costs,
A. The Developer shall hold the City and its oilcers and employees harmless from claims made
by itself and thid parties for damages sustained or costs incurred resulting from site plan
approval and developmenl. The Developer shall indemniS the Citv 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 enforcement of this
Agreement. including engineering and attomeys' fees.
C. The Developer shall pay in full dl bills submrtted to it by the City for obligations incurred
under rhis Agreement within forty-five (45) days after receipt. Ifthe bills are not paid on time,
the City may halt all development work and construction. Bills not paid within forty-five (45)
days shall accrue interest at the rate of 8% per year.
D. The Developer shall pay all costs incurred by it or the City in conjunction with the
22g81g) I
')
development of the site and installation of public improvements, including but not limited to
Iegal, planning. engineering and inspection expenses incurred in cornection with approval of
the site plan, the preparation ofthis Agreement, revierv ofany other plans and documents.
E. ln 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),
Cilv water corurection 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 *ork and the Developer shall
promptly reimburse the Citv for an)' exp€nse incuned by the City, provided the Developer is Erst
given written notice ofthe work in default, not less than foru (4) days in advance. This Agreement is
a license for the Ciry- 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 cosl in whole or in part.
10. Miscellaneous.
A. Construction Trailers. Placement ofon-site constuction trailers and tempora4' job site offices
shall be approved by the Cilv Engineer. Trailers shall be removed from the subject property
within drirty (30) days following the issuance ofa certificate of occupancy unless otherwise
approved by the City Engineer.
B. Postal Service. The Devel oper 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 agairst 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. Severability. lfan y frnion, section, subsection, sentence, clause, paragraph, or phrase ofthis
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
Occuoancy. 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 pernanent basis until the streets
needed for access have been paved with a bituminous surface and the utilities tested and
approved by the city. The Subject Properq- has an exisring l8-unit muttifamily building on
it. Construction of the new l2-unit and l6-unit buildings shall not have bearing on the
occupancy of the existing l8-unit building.
Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
arnendment to the provisions of this Agreement. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by wriuen resolution of the City Council.
The City's failure to promptly take legal action to enforce this Agreement shall not be a rvaiver
or release.
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 Properry* and/or has obtained consents to this
Agreement, rn the form attached hereto, from all parties who have an interest in the property;
thal there are no unrecorded interests in the propertyi and that the Developer will indemnify
and hold the Citv harmless for any breach of the foregoing covenants.
Remedies. Each right, 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,
F'
(;
TI
)
2298?9vl
availabte to City, at law or in equity, or under any other agreement, and each and every right,
;xrwer and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a
waiver ofthe right to exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this Agreement shall be from 7:00
a.m. to 6:00 p.m. on weekdays. from 9:00 a.m. to 5:00 p.m. on Satrudays, with no such activity
allowed on Sundays or any recognized legal holidays. Corstruction activities in conjunction
rvith new developments and City improvement projects. hcluding but not limited to grading,
utitity 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 Satrudays. No such activiry- is permitled on Sundays or public holidays. Operation of all
intemal combustion engines used for construction or dewatering purposes beyond the normal
u'orking hours will require City Council approval.
K. Soi[ Treatment Svstems. If soil treatment systems are required, the Developer shall clearly
idendfy in the field and protect from alteration, rurless suitable alternative 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
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 *'ith Larvs. Ordinances.Regulations. In the devel opmenl of the site platt,
the Developer shall comptl' wilh all taws, ordinances, and regulations of the following
authorities:
City of Chanhassen;
State of Minnesota, its agencies, departments and commissions;
L nited States Army Corps of Engineers:
Riley Purgatory Bluff Creek Watershed District;
Metropolitan Goverrunent, its agencies, departments and commissions.
N,I roof of Title. U pon request, the Developer shall fumish the Cit-v with evidence satisfactory
to the City that it has the authority of the Ge owners and contract for deed purchasers to enter
into this Ageement.
N. Soil Co nditions. The Devel oper acknowledges that the City makes no representations or
I
2
3
4
5
P
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
propert-v.The Developer fi.fther agrees that it will indemnifu, defend, and hold harmless the
City, its goveming body members, officers, and employees from any claims or actions arising
out ofrhe presence. ifany, of hazardous wastes or pollutants on the Subject Property' unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Conection. The Developer shall be responsible for soil correction work on the Subject
Property. The CiR makes no representation 10 the Developer conceming the natue of
suitibitity ofsoils nor the cost ofcorrecting any unsuitable soil conditions which may exist.
P, Insurance. Developer shall uke out and maintain until six (6) months alter the City has
accepted the public improvements, public liability and property damage insurance covering
personal injury, inoluding death, and claims for property dafirage which may arise out of
beveloper's work or the work of its subcontractors or by one directly or indirectly employed
by any of them. Limits for bodity injury and death shall be not less than $50O,000 for one
person and $ 1,000,000 for each occurrencei limits for property damage shall be not less than
$500,000 for each occurrence; or a combination single limit policy of $l'000'000 or more'
4
.1298?9vJ
The City shall be named as an additional insured on the policy, and the Developer shall file
with the City a certificaie evidencing coverage prior to the City signing the Agreement. The
certificate shall provide that dre Cit_v must be given ten (10) days advance written notice of
the ca.ncellation ofthe insurance. The certificate may not contain any disclaimer for failure to
give the required notice.
)
22s879v1
Legal Description:
Lot 2, Block l, Saratoga 3'd Addition
6
229879\'l
EX}IIBIT'B
'to
IRREVOCARLE LE,TTER OF CREDIT
Citl of Chanhassen
7700 Market Bou.levard, Box 147
Chanhassen, Minnesota 553 1 7
Dear Sir or Madam
We hereby issue, for the account of Name of
Irrevocable Letter of Credit in the amount of $
drawn on sight on the undersigned bank.
The drafi must
a) Bear the clause, "Drawn under Letter of Credit No
2 of (Name of Bank)
No.
eurd in your favor, our
available to you by your draft
, dated
r)
b) Be signed by the Mayor or City Manager of the Ciry" of Chanhassen
c) Be presented for payment at
15,2_.
Address of Bank on or before 4:00 p.m. on November
This Letter ofCredit shall automatically renew for successive one-year terms unless. at least forty-
five (45) days prior to the next annual renewal date (which shall be November 15 of each
year), the Bank delivers written notice to the Chanhassen City Manager that it intends to
modi! 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 forty-five (45) days
prior to the next urnual renewal date addressed as fbllo*s: 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 thirty (30) days prior to the renewal date.
This Letter of Credit sets forth ir frdl our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, irstnrment or agreement,
whether or not referred to herein.
This Letter ofCredit is not assignable. This is not a Notation Letter ofCredit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be govemed by the most recent revision ofthe Uniform Customs and
Practice for Docunentary Credits, Intemational Charnber 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.
229879v-1
Datc:
BY:
I
Its