DOCS-_223675-v1-DEVELOPMENT_AGREEMENT_DAKOTA_RETAIL__LLLP
(reserved for recording information)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Agreement”) dated _____________, 2022, is entered into by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and Dakota
Retail, LLLP, a Minnesota Limited liability limited partnership (hereinafter referred to as “Developer").
RECITALS
A. Developer is the fee owner of certain real property located at 190 Lake Drive, Chanhassen, MN 55317 in the City of Chanhassen, Carver County, Minnesota and legally described as:
Lot 1, Block 1, Dakota Retail, Carver County, Minnesota, according to the recorded plat thereof.
(the "Subject Property").
B. Developer owns the 7,984 square foot existing building on the Subject Property, which is used as a multi-tenant building. Developer is requesting to convert the westerly 2,753 square
feet of the existing building into a restaurant.
C. Pursuant to Section 20-1124 of the City Code, 65 parking spaces are required on the Subject Property. Dakota Retail, LLLP is proposing to provide 55 parking spaces and has requested
a deferment for 10 parking spaces.
D. Developer has claimed that due to operational restrictions of the restaurant as pickup-delivery services only, including no customer seating areas and no liquor service, that: (i)
the proposed use of the Subject Property will have a parking demand less than the required parking under Section 20-1124 of the City Code; and (ii) the Subject Property has sufficient
property area under the same ownership to accommodate expansion of parking facilities to meet minimum requirements of the Zoning Ordinance if the parking demand exceeds the actual on-site
supply.
NOW, THEREFORE, in consideration of the recitals set forth above and the terms and conditions herein, Developer and the City agree as follows:
1. Parking shall only occur on site and in areas designated and constructed for parking in accordance with the Zoning Ordinance.
2. Prior to receiving an occupancy permit for the restaurant space for pickup and delivery only, the Developer shall construct the Phase I Fall 2022 site improvements shown on the attached
Site Plan Exhibit titled Coffee Shop Drive Improvements prepared for Klasic Property by Kimley Horn dated received September 26, 2022.
3. Developer hereby unconditionally guarantees to City that it shall construct additional parking spaces upon the Subject Property in accordance with the Zoning Ordinance and this Agreement
if the parking demand for the Subject Property exceeds the actual on-site parking supply and that concrete curb and gutter must be installed at the time the additional spaces are striped
for parking. All improvements must meet the City’s and all other State and local government rules and regulations, including but not limited to, surface water management and erosion
control requirements
and be consistent with the approved Site Plan for the Property, as amended. Developer shall also execute a private stormwater operation and maintenance agreement for any private stormwater
facilities required to be constructed with the additional parking spaces in accordance with the City’s standard form of agreement.
4. If, within one year of the date of this Agreement, the City determines, in its sole discretion, that the parking demand exceeds the number of constructed parking spaces, the City
may terminate the parking deferment granted herein and require Developer, upon written notice from the City, to construct 10 additional parking spaces, the construction of which has
been deferred pursuant to this Agreement, and install concrete curb and gutter at the time those additional 10 spaces are striped for parking. If Developer fails to construct the 10
deferred parking spaces, additional improvements required under Paragraph 3 of this Agreement, or fails to execute the private stormwater maintenance agreement required under Paragraph
2 within six (6) months after so requested by the City, the City may rescind the certificate of occupancy for the building located on the Subject Property.
5. Miscellaneous.
A. Third parties shall have no recourse against the City under this Agreement.
B. If any portion, section, subsection, sentence, clause, sentence, 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.
C. 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 construed as a waiver or release of any term or condition herein.
6. This Agreement shall run with the land and may be recorded against the title to the Subject Property.
7. Required notices shall be in writing and shall be either hand delivered to Developer, its successors and assigns, or mailed to Developer by certified mail at the following address:
905 Jefferson Avenue, Unit 101, Saint Paul, MN 55102. Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed by certified mail in
care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard P.O Box 147, Chanhassen, Minnesota 55317.
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Signature pages to follow.}
CITY OF CHANHASSEN
BY: ______________________________
(CITY SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ________ day of __________________, 2022 by __________________________ of the City of Chanhassen, a Minnesota municipal corporation,
on behalf of the City.
___________________________________
Notary Public
DEVELOPER:
DAKOTA RETAIL, LLLP
By:
Its
STATE OF ______________ )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2022, by _________________________, the _____________________________________ of Dakota Retail, LLLP,
a Minnesota limited liability limited partnership, on behalf of said entity.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 210
Eagan, Minnesota 55121
Telephone: 651-452-5000
JJJ/smt