Revised Site Plan Agreement (clean)
CITY OF CHANHASSEN
AMENDMENT TO SITE PLAN AGREEMENT 2014-11
SPECIAL PROVISIONS
THIS AMENDMENT TO SITE PLAN AGREEMENT (the "Amendment") dated April 11, 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Dakota Retail,
LLLP, a Minnesota Limited liability limited partnership (the "Developer").
WHEREAS, the City and Chanhassen Dakota Retail One, LLC (“Original Developer”), entered into a Site Plan Agreement, dated November 21, 2014, and recorded in the Office of Carver County
November 24, 2014, as Document No. A602480 (“Agreement”) for the property legally described in Exhibit A attached hereto and incorporated herein (“Property”);
WHEREAS, the Developer is the successor to the Original Developer in title to the Property;
WHEREAS, Developer is requesting an amendment to the Site Plan Agreement to reconfigure the parking lot and traffic circulation for the Property;
WHEREAS, the reconfiguration of the parking lot and traffic circulation requires approval of a Parking Deferment requires revisions to the private stormwater utility on the Property
and a stormwater maintenance agreement in the event the deferred parking is required to be installed.
NOW, THEREFORE, the parties agree as follows:
1. Request for Site Plan Amendment; Acknowledgement of Assignment. The Developer has asked the City to approve an amendment to the Agreement for reconfiguring the parking lot and traffic
circulation serving an 8,000 square-foot multi-tenant building (Dakota Retail), Planning Case 2014-11 (referred to in this Site Plan Agreement as the "Project").
2. Conditions of Site Plan Approval. The City hereby approves the amendment to the site plan on condition that the Developer enters into this Amendment and furnishes the security required
by it.
3. Development Plans. Section 3 of the Agreement is hereby amended to add the following plans:
Plan A: (C000) Cover Sheet dated February 22, 2022, prepared by Kimley Horn.
Plan B: (C100) General notes dated February 22, 2022, prepared by Kimley Horn.
Plan C: (C300) Demo & Erosion Control Plan Phase 1 dated February 22, 2022, prepared by Kimley Horn.
Plan D: (C302) Erosion and Sediment Control dated February 22, 2022, prepared by Kimley Horn.
Plan E: (C400) Site Plan dated February 22, 2022, prepared by Kimley Horn.
Plan F: (C401) Site Details dated February 22, 2022, prepared by Kimley Horn.
Plan G: (C500) Grading and Erosion control Phase II dated February 22, 2022, prepared by Kimley Horn.
Plan H: (C502) Grading Details dated February 22, 2022, prepared by Kimley Horn.
Plan I: (L100) Landscaping Plan dated February 22, 2022, prepared by Kimley Horn.
Plan K: (L101) Landscape Details dated February 22, 2022, prepared by Kimley Horn.
4. Time of Performance. The Developer shall install all required screening and landscaping by July 31, 2022. The Developer may, however, request an extension of time from the City.
If an exten sion is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date.
65. 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 registered
mail at the following address:
Mr. Dario Klasic, Managing PartnerCEO/Owner
905 Jefferson Avenue
Unit 101 Saint Paul MN 55102
p: 651.356.6226
m: 612.214.2069
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail 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) 227-1100.
6. Other Special Conditions. The Property shall be constructed pursuant to this Amendment, subject to the following conditions:
Environmental Resources Specialist Conditions
Existing trees to be preserved within the construction area shall be protected by tree fencing installed with metal stakes at the edge of the driplines or as far away from the trunk
as possible.
Autumn Blaze maple in landscape peninsula shall be changed to an ornamental such as Japanese tree lilac.
Removal plan shows existing trees south of parking area to be removed, while landscape plan shows 2 of them preserved. Submit corrected plans and show replacement trees if removed.
Remove one honeylocust from the boulevard along Lake Drive East to increase spacing between trees
Add one crabapple to the area between the patio and the garbage/drive thru aisle.
Fire Marshal Conditions
Access into the site may not be blocked. “ No Parking Fire Lane” shall be posted. “Do not block access” sign shall be posted at the entrance into the site. The applicant shall contact
the Fire Marshal for exact location of the signThe developer must contact the Fire Marshal for exact locations.
Engineering Conditions
If additional parking is required to be constructed by the Developer in accordance with the Parking Deferment Agreement, all improvements must meet the City’s and all other State and
local government current rules and regulations, including but not limited to surface water management and erosion control requirements and construction must be installed pursuant to
Plan G.
All surface water management improvements will be required to have a private stormwater operation and maintenance agreement between the City and the Developer in accordance with the
City’s standard form.
Planning Conditions
1. The Developer shall execute the Parking Deferment Agreement attached hereto as Exhibit B to be recorded with this Amendment.
7. Effect of Agreement. Except as otherwise specifically amended herein, the Agreement shall remain in full force and effect. This Amendment shall be binding on the parties, their
heirs, successors and assigns and shall be recorded against the Property in the Carver County Recorder’s Office as promptly as possible after it has been executed by the parties.
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2022, 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.
NOTARY PUBLIC
DEVELOPER: Dakota Retail, LLLP
BY:
Dario Klasic, , Managing Partner CEO/Owner
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2022, by Dario Klasic, Managing PartnerCEO/Owner, theDakota Retail, LLLP, a Minnesota limited liability limited partnership , on behalf of the entity.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
EXHIBIT A
Lot 1, Block 1, Dakota Retail, according the plat of record, Carver County, Minnesota
EXHIBIT B
DEFERRED PARKING AGREEMENT