Dakota Retail Development Agreement001(reserve d for recording infor mation)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the'Agreemenf')dated .2022,
is entered into by and bet'ween the CITY OF CHANHASSEN, a Minnesota municipal corporation
C'City), and Dakota Retail, LLLP, a Minnesota Limited liability limited parhership (hereinafter
referred to as "Dcve!opcI").
RECITALS
A. Developer is the fee owner of certain real property located at 190 Lake Drive.
Chanhassen. MN 55317 in the City of Chanhasseq Carver County, Minnesota and legally described
AS
Lot l, Block l, 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+enant buildins. Developer is requesting to convert the westerly 2,753 square
feet ofthe existing building into a restaurant.
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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 l0 parking spa.ces.
D. Developer has claimed that due to operational restrictions ofthe restaurant as pickup
delivery services only, including no customer seating areas and no liquor service, ttnt: (i) the
proposed use ofthe Subject Property will have a parking demand less than the required parking under
Section 20-l 124 ofthe 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 TIIEREFORE, in consideralion of the recitals set fo(h above and the terms and
conditions herein, Developer and the City agree as follows:
l. Parking shall only occur on site and in areas designated and constructed for parking
in accordance with the Zoning Ordinance.
2. hior to receiving an occupancy permit for the restaurant space for pickup and delivery
only, the Developer shall construct the Phase I Fall2022 site improvements shown on the attached
Site Plan Exhibit titled Coffee Shop Drive Improvements prepared for Klasic Property by Kimley
Hom dated received Septernber 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 tlrat concrete curb and gutter must b€ installd at the time the additional spaces are striped for
parking. All improvements must meet the City's and all other State and local govemment rules and
regulations, including but not limited to, surface water management and erosion control requirements
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and be consistent with the approved Site Plan for the Property, as amended. Developer shall also
execute a private stonnwater operalion 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 agrcement
4. Il within one year of the date of this Agreement, the Clty determines, in its sole
discretion, that the parking demand exceeds the number of consructed parking spaces, the Crty may
terminate the parking deferment granted herein and require Develooer. upon written notice from the
City, to construct 10 additional parking spaces, the construction of which has been defened pursuant
to this Agreement, and install consete curb and gutter at rhe time those additional l0 spaces are
sriped for parking. If Developer fails to constuct the l0 deferred parking spaces, additional
improvements required under Paragraph 3 of this Ageement, 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 cefiificate of occupancy for the building located on
the Subject Property.
5. Miscellaneous.
A. Third parties shall have no recourse agains the City under this Agreement.
B. If any portion, section, subsection, sentence, clause, sentence, paragmp[ 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
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take legal action to enforce this Agreement shall not be constued as a waiver or release ofany term
or condition herein.
6. This Agreemant shall run with the land and may be recorded against the title to the
Subject hoperty.
7. Required notices shall be in writing and shall be either hand delivered to Develooer,
its successors and assigns, or mailed to Develooer 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,
Mirmesota 55317.
{The remainder of the page is intentionally lefi blank
Si gnature page s t o fol I ow. )
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CITY OF CHANHASSEN
BY:
(CITY SEAL)
STATE OF MINNESOTA
COUNTY OF CARVER
The foregoing instrument rvas acknowledged before me this
-
day of
2O22 bv of the City of Chanhassen, a
Mirmesota municipal corporation, on behalf of the City.
Notarv Public
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DEVELOPER:
DAKOTA RETAIL, LLLP
By:
6 ruaa7h-t fl
STATEOF AIN
cor.rNryoF (kNW€\
The foregoing
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instrument was acknowledged
k-Lfts lL the
before me this t2 day of 1cvvl-
of2022, by t\+ilfratNQt ?fretwr<
Dakota Retail. LLLP. a Minnesota limited liabilitv limited partnershio. on behalf of said entity.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Pr ole s s io na I A s s o c i ati o n
Grand Oak Office Center I
860 Blue Gentian Road, Suite 210
Eagan, Minnesota 55121
Telephone: 65 1 -452-5000
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KO WE
NOTARY PUBLIC
MINNESOTA
h\.31,frbMy Cdnisior E{.Es
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MORTGAGE HOLDER CONSENT TO
DEVELOPMENT AGREEMENT
HIAWAT \ NATIONAL BANK, A holds
a Mortgage on all ,,, part of the Property more particularly described in the foregoing Development
Agreement, which r,{ortgage is dated October 1,2021, and was recorded November 22,2021, as
Carver County Do Lrment No. A737561, and an Assignment of Rents dated October 1,2021, and
was recorded Nor .'mber 22, 2021, as Carver County Document No. 4737562 (collectively
"Mortgages"), for lrood and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in, consents to, and is subject to the foregoing Development
Agrcement.
GRANTOR: HIAWATHA NATIONAL BANK
By:
Jprint namel
Its n,(z-Irirlel
\^XSC..o
STATE OF TA)
COI]NTYOFS. U?-2)I\
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(l\t
)
The foregoing instrument was acknowledged before me this -L/iay of
the Mfr,Nr5brfg(" Y)l2022, by
Hial atha National Bank, a {E{,NH
DRAITED BY:
CAMPBELLKNUTSON
P rofes s ional As soc iation
Grand Oak Office Center I
860 Blue Gentian Road, Suite 210
Eagan, Minnesota 55121
Telephone: 65 1 452-5000
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YL of
on behalf of said entity
Notarv Public ji$#
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