Santa Vera Amended and Restated Site Plan AgreementDocument Number: A805420
Filed and/or Recorded on
Sep 10, 2026 8:26 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy NV
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: CHB Title, LLC
Pages: 15
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
AMENDED AND RESTATED SITE PLAN AGREEMENT #2025-07
SANTA VERA PHASE II
SPECIAL PROVISIONS
THIS AMENDED AND RESTATED SITE PLAN AGREEMENT ("Agreement") dated August
31, 2026, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City"), and SV PROPERTY LLC, a Minnesota limited liability company, (the "Developer").
RECITALS
WHEREAS, on July 13, 2026, the City of Chanhassen granted Santa Vera Apartments,
LLC, a Delaware limited liability company, ("Santa Vera") site plan approval for Santa Vera Phase
II;
WHEREAS, the City and Santa Vera entered into a Site Plan Agreement dated July 13, 2026
("Original Site Plan Agreement') for the property legally described as Lot 2, Block 1, Saratoga 3`d
Addition which Original Site Plan Agreement has not yet been recorded;
WHEREAS, Santa Vera assigned the Original Site Plan Agreement 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, THEREFORE, the parties agree as follows:
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for two multifamily apartment buildings, one with 12-units and the other with 16-units 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 (referred to in
this Agreement as the "project").
2. Conditions of Site Plan Approval. The City hereby approves the project on condition that
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the Developer enters into this Agreement and furnish 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 written terms of this Agreement, the written terms shall control. The plans are:
C 1.0 TITLE SHEET
C2.1 DEMOLITION PLAN
C3.0 SITE PLAN
C4.0 GRADING PLAN
C5.0 UTILITY PLAN
C5.1 STORM SEWER PLAN
C6.0 PHASE 1 EROSION CONTROL
C6.1 PHASE 2 EROSION CONTROL
C7.0 SWPPP NARRATIVE
C7.1 SWPPP NARRATIVE & NOTES
C8.0 CIVIL DETAILS — UTILITY DETAILS
C8.1 CIVIL DETAILS — STORM SEWER DETAILS
C8.2 CIVIL DETAILS — STORM SEWER DETAILS
C8.3 CIVIL DETAILS — SITE DETAILS
C8.4 CIVIL DETAILS — ADA DETAILS
C8.5 CIVIL DETAILS — ADA DETAILS — CONTINUED
L0.1 TREE PRESERVATION PLAN — TREE INVENTORY
L0.2 TREE PRESERVATION PLAN
L 1.0 LANDSCAPE PLAN
L2.0 LANDSCAPE DETAILS
ARCHITECTURAL PLANS DRAFTED BY KAAS WILSON ARCHITECTS ON 7/10/25
4. Time of Performance. The Developer shall install all required Improvements including
screening and landscaping as shown in the Development Plans by December 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.
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 furnish 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 $1,005,730 (erosion control,
grading, landscaping, stormwater, public improvements, etc.). The security shall be 110 percent of
the following:
Grading/ Erosion Control/ Landscaping $ 235,900.00
Street impact
$
30,000.00
Sanitary Sewer
$
28,400.00
Watermain
$
101,800.00
Storm Sewer
$
518,200.00
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Sub -Total $ 914,300.00
110% $ 1,005,730.00
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 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 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 unsure 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:
SV PROPERTY LLC
C/O Ridgeline Partners
ATTN: Ryan Sailer
10650 Red Circle Drive
Suite 200
Minnetonka MN 55343
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
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Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-
1100.
7. Other Special Conditions. City Council hereby approves a site plan for a development of
two multifamily apartment buildings, one with 12-units and the other with 16-units and associated
improvements 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 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 instrument.
10. Effect of Agreement. This Agreement amends, restates, and supersedes in its entirety, the
Original Site Plan Agreement, which shall be of no further force and effect, and shall become null
and void, upon the full execution of this Agreement.
El
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CITY OF CHANHASSEN
BY::.� ._
Elise Ryan, Mayor
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 3 day of t, 2026, by
Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council. 1--xe A�
\--
NOTW PUBLIC
JENNIFER ANN POTTER
t W Notary Public -Minnesota
My Commission ExPiresian 31, 2027
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DEVELOPER:
SV PROPERTY LLC
BY: .
Its: (14�JF K v,
STATE OF MINNESOTA )
ss,
COUNTY OF )
The foregoing instrument was acknowledged before me this a4, day ofy J ,
2026 by R VA.. h , the : SV Property LLC, a Minnesota limited
liability company, on behalf of the entity,
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
Eel
a•'�'T1� JAY EDWARDS
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jerwery 31, 2028
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FEE OWNER CONSENT
TO
SITE PLAN AGREEMENT
Santa Vera Apartments, LLC, a Minnesota limited liability company, fee owner of all or
part of the subject property, the development of which is governed 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 of the subject property owned by it,
Dated this W. day of Aw, 2026,
Santa Vera Apartmen LLC
By:
[print name]
Its: [title]
STATE OF Miw. t,,S6 )
)ss.
COUNTY OF P. m )
The foregoing instrument was acknowledged before me this 11v day of ,
2026, by 1 ®/, the r® of
Santa Vera Apartments, LLC, a Minnesota limited liability company, onbehalf of said entity.
c
NOTARY PUBLIC
7 P
Jr%i `LUWARQS
NOTARY PUBLIC
MINNESOTA
My r
mrrJssfcn Expkes January 31, 2028
t
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
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CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "A"
GENERAL CONDITION
1. 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 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 grading (or similar) or 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 Sei vices 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 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 written statement to the City Engineer certifying that the project has been completed in
accordance with the approved plans acid 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. Warran . 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 forthwith 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 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 of the City, there is no longer a need for erosion control, the City
will authorize removal 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 surrounding 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
warranted 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.
S. 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 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 forty-five (45) days after receipt. If the 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 S% 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 work, 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 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 of Contract. Breach of the terms of this Agreement by the Developer shall be grounds
for denial of building permits.
E. Severability. 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 permanent 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 Property has an existing 18-unit multifamily building on
it. Construction of the new 12-unit and 16-unit buildings shall not have bearing on the
occupancy of the existing 18-unit building.
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. Recording. 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 and/or 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 property; and that the Developer will indemnify
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,
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available to City, at law or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a
waiver 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 6:00 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 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
internal combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless 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 with Laws, Ordinances, and Regulations. 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. Riley Purgatory Bluff Creek Watershed District;
5. Metropolitan Government, 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 indemnify, 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 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 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 property damage shall be not less than
$500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more.
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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
certificate shall provide that the City must be given ten (10) days advance written notice of
the cancellation of the insurance. The certificate may not contain any disclaimer for failure to
give the required notice.
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M-11 18
Legal Description:
Lot 2, Block 1, Saratoga 3" Addition
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IRREVOCABLE LETTER OF CREDIT
No. _
Date:
TO: 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 ,
2 , of (Name of Bank) it.
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank_, on or before 4:00 p.m. on November
15, 2
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 (which shall be November 15 of each
year), the Bank delivers written notice to the Chanhassen City Manager that it intends to
modify 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 aruival 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 thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way 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 governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International 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.
Its
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