Revised Site Plan Agreement - April 25 2022
CITY OF CHANHASSEN
AMENDMENT TO SITE PLAN AGREEMENT 2014-11
SPECIAL PROVISIONS
THIS AMENDMENT TO SITE PLAN AGREEMENT (the "Amendment") dated April 25, 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 revisions to the private storm water utility on the Property and a storm water maintenance
agreement.
NOW, THEREFORE, the parties agree as follows:
1. Request for Site Plan Amendment. 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.
3. Development Plans. Section 3 of the Agreement is hereby amended to add the following plans:
Plan A: (C000) Cover Sheet dated April 15, 2022, prepared by Kimley Horn.
Plan B: (C100) General notes dated April 15, 2022, prepared by Kimley Horn.
Plan C: (C300) Demo & Erosion Control Plan Phase 1 dated April 15, 2022, prepared by Kimley Horn.
Plan D: (C302) Erosion and Sediment Control dated April 15, 2022, prepared by Kimley Horn.
Plan E: (C400) Site Plan dated April 15, 2022, prepared by Kimley Horn.
Plan F: (C401) Site Details dated April 15, 2022, prepared by Kimley Horn.
Plan G: (C500) Grading and Erosion control Phase 2 dated April 15, 2022, prepared by Kimley Horn.
Plan H: (C502) Grading Details dated April 15, 2022, prepared by Kimley Horn.
Plan I: (C503) Grading Details dated April 15, 2022, prepared by Kimley Horn.
Plan J: (C504) Grading Details dated April 15, 2022, prepared by Kimley Horn.
Plan K: (L100) Landscaping Plan dated April 15, 2022, prepared by Kimley Horn.
Plan L: (L101) Landscape Details dated April 15, 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.
5. Notices. Paragraph 6 of the Agreement is amended to read as follows:
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 Partner
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 parking lot 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.
Trees may not be located within the sight triangle at the street intersection. Replace with pollinator friendly shrubs or perennials that do not exceed 2’ in height.
Trees may not be located within 10’ of any stormwater structures.
Remove one proposed Autumn Blaze maple along Lake Drive East to increase spacing between trees.
Fire Marshal Conditions
Access into the site shall not be blocked at any time. Signage shall be posted at the entrance into the site. The Developer shall submit a signage plan including location and wording
to be reviewed and approved by the Fire Marshal.
Engineering Conditions
All permanent storm water management Best Management Practices (BMP’s) will be required to have a private storm water Operation and Maintenance Agreement between the City and the Developer,
in accordance with the City’s standard agreement, executed and recorded against the property.
All revised site plan improvements, including storm water management, must meet the City’s, and all other State and local government, current rules and regulations.
Planning Conditions
1. A Certificate of Occupancy for 190 Lake Drive E. #110 will not be issued until the revised site plan improvements are completed and an Operation and Maintenance Agreement has been
approved and recorded for the private storm water management BMP’s.
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
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2022, by Dario Klasic, Managing Partner, Dakota 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
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
, which holds a mortgage on the subject property, the development of which is governed by the foregoing
Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2022.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2022, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
EXHIBIT A
Lot 1, Block 1, Dakota Retail, according the plat of record, Carver County, Minnesota