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Development Agmt Recorded 10-17-22001Document Number: A753391 Filed and/or Recorded on Od L7, 2022 L:O7 PM Office of the County Recorder/Registrar of lltles CaNer County, M innesota Kaaren Lewis, County Recorder Deputy DL Document Recording Fees $ 46.00 Document Tobl $ 46.00 Requesting Party: City of Chanhassen Pages: 7 (r e s e m e d for r e c or ding infor mat i o n) DEVELOPMENT AGREEMENT TIIIS DEVELOPMENT AGREEMENT (lhe "Agreemenf) daed )ffub lO -20n, is entered into by and between the CITY OF CIIANIIASSEN, a Minnesota municipal corporation (.'City"), and Dekota Retai! LLLP, a Minnesota Limited liability limited partnership (hereinafter rcferred to as "Drye,lgpe/). RECMAI,S A. Developer is the fee owner of ccrtain real property located at 190 Lake Drive. Chanhassen. MN 55317 in the City of Cha*assen Carver County, Minnesota and legally described AS Lot l, Block 1, Dakota Retail, Carver Couuty, Minnesota, according to the recorded plat thereof. (the "Subject Property"). B. Dweloper owns the 7,9E4 square foot existing building on the Subject Prop€rty, which is used as a multi-tenant buildine. Develoler is requesting to convert lhc westerly 2,753 squarc feet ofthe exisling building into a r€staurant 72161s\l I C. Punuant lo Section 20-l124 offte City Code,65 parking ryaces are required on the Subject Property. Dakote Retail, LLLP is proposing to provide 55 parking spaccs and has rcquested a defemrent for l0 parking spaces. D, Developer has claimed that due to operational restictions ofthe restaurant as pickup delivery services only, including no customer seating arcas and no liquor service, that (i) the proposed use ofthe Subject Property will bave a parking demand less than the required parking under Section 20- I 124 ofthe City Code; and (ii) the Subject Properry has suffrcient property arca urder the same ownership to accommodate expamion of pa*ing facilities to meet minimum requirernants of the lloning fuinance if the parking demand exceeds the actual on-sile supply. NOW THEREFORE, in consideration of tlre recitals set forth above and the terms and conditions herein, I)evelolnr and the City agree as follows: I. Parking slrall only occur on site and in areas desigDated ald constructed for parking in accordance with the Zoning Ordinance. 2. Prior !o rcceiving an occupancy permit for the restaumnt space for pickup and delivery only, the Developer shall construct the Phase I Fall 2022 site improvements shown on the attached Site Plan Exhibit ti{ed Coffee Shop Drive lmprovements prcpared for Klasic Property by Kimlcy Hom dated received *ptembr,r 26,2022. 3. Develooer hereby unconditionally grrarantees to City that it shall const ct additional parking spaces upon tlr Subject hoperty in accordance with the Zoning Ordirurce and this Agreement ifthe parking demand for the Subject Property exceeds the actual onsite parking zupply aud that concrete curb and gutter must be installed at the time the additional spaces are srriped for parting. All improvements mrsl meet the City's and all otlrer State and local govemment rules and regulations, including but not limited to, sur6ce yraler mtnrgement and erosion contol requirements ) 223675t1 and be consistent with the approved sile Plan for ttre Property, as amended. Developer shall also execute a privale stormwatcr operation and maintenance ageem€nt for any private stormwater facilities requircd to be constructed with the additional parking spaces in accordance with the City's standard form of agr€ement 4- If, within one year of the date of this Agreement, the City determines, in its sole discretioq that the parting demand exceeds the number ofconstucted parking spaces, the City may terminate the parking deferment granted herein and require Developer. upon written notice fmm the City, to construct l0 additional parking spaces, the corstsuction ofwhich has been deferred pursuant to this Agreement, and install concrete curb ard gutter at the time those additional 10 spaces are striped for parking. If Developer fails to coDstruct tbe 10 deferred parking spaces, additional improvements required under Pangraph 3 of lhis Agreemen! or fails to execute lhe privste stonDwater maintenarrce agrcement required under Paragraph 2 within six (Q months after so r€quested by the City, tbe City may rcscind the certificate of occupancy for the building located on the Subject Propety. 5. Miscelaneous. A. Third parties shall have no recourse agains the City rmder this Agreement. B. If any portion, section, subsection, sentence, clause, sentence, paragraph, or plnase ofthis Agreement is for any reason held invali4 such &cision shall not affect the validity of the remaining portion of lhis Agreement. C. The action or inaction ofthe City shall not constitute a waiver or amendmenl to the provisions of this Agreement To be birding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution ofrhe City Council. The City's failure to prorrptly J 223675v1 takc legal action to cnforce this Agreement shall not be constued as a waiver or release of any term or conditior herein. 6. This Agrcemetrt shall nm with the land and may be recorded against lhe title to the Subject Property. 7. Required notices shall be in writing and sb,all be eitlrer hand delivered to Develolrr, its zuccessors and assigrs, or mailed to Developer by certified mail at the following address: 905 Jefferson Avenue. [Jnit l0l. Saint Paul. MN 551(D. Notices to the City shall be in uriting anrl shall be either hand delivered to the City Manager or mailed by certified mail in carc of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard P.O Box 147, Chanhassen, Minnesota 55317. {The remoinder of the page is intentionally lefi blanh S i gnar* e p age s to fol I ow. ) 4 221615y1 (CITY SEAL) STATE OF MINNESOTA COUNryOFCARVER foregoing 2022 W municipal corpomtio& on behalf of CITY OF CHANHASSEN before me this BY ..,N,"""'?i.,:,.. ..s.,.,,;;,r, ;"*a.i _j i.i: ,-t-, '' ,.t,'..-- 'i z1-; -< .-,,|' - .. ?-_- :... _l, -'..? F .l:,.,:..: :';r,, "",..-.,"i -:'. ' ',rur,rrr.,r.rl.l":a-a ) )ss. )d{instnxnent ivas day of the City of Chanbasserl a KIM T. MEUWISSEN Notary CoflvdGhn EIDL-J,| 31. &5 N 5 221615v1 Publc-MinnGota STATEOF /T\N COLTNTY OF (ft{s+g^l The DEVELOPER: DAKOTA RETAIL, LLLP taaa6n5 fi before me this t\*il*6tNCl t2 day of 0Cl7E{- ,cfrgtw< of foregoing instrurnent was aeknowledged D,tFra F-L+s tc,. , the ) )ss. ) 2022, by Dakota Retail. LLLP, a Minnesota limited liability limited partnership, on behalf of said entity. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELLKNUTSON P role s s io n al As s oc iatio n Grand Oak Offrce Center I 860 Blue Gentian Road, Suite 210 Eagan, Minnesota 55121 Telephone: 65 I 452-5000 JJJ/smt 6 XO WE NOTARY PUELIC MINNESOTA Jsn 31,lry Ca.rribd.ll EEiE 223675v1 Ifl AWAT-,.]A NATIONAI, BANK, a Mortgage on all or part ofthe Prope$y more particularly described in the foregoing Development Ageement, which ivlortgage is dated October 1,2021, ad was recorded November 22,2A1, as Cawer County Doeument No. A73'1561, and an Assignrnent of Rents dated October 1,2021, u1d was recorded Nove.mber 22, 2021, as Carver Crunty Document No. A737562 (collectively "Mortgages"), for good and valuable consideralion, the receipt and sufficienry of which is hereby acknowledged, does hoeby join in, consents to, and is subject to the foregoing Development Agre€ment. GRANTOR: IIIAWATHA NATIONAL BANK By Its lprhi !.ntel ltitlcl MORTGAGE HOLDER CONSENT TO DEVELOPMENT AGREE]VIENT N Notary Public k\,t G. L^xSCUNS, STATE OF MID&{6OTA J The 2A22, W foregoing instrument was acknowledged before me this -ldlay of the MSnJror Hiarvatha National llank, a on bebalf of said entity. SS ) ( )COUNTYO DRAFTtrD BY: CAMPBELLKNUTSON P rofe s s i on a I As s o ci otion Grand Oak Offrce Center I 860 Blue Gentian Road, Suite 210 Eagan, Mirmesota 55121 Telephone: 651452-5000 JJJ/smt .-:rii#!'i.E2 -:€rj.nTARY'i ? 2ryffi \LllLt, R- of '7 2236'75v1 (reservedfor r e c or di ng informat ion) DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") dated 2022 is entered into by and between the CITY OF CHANIIASSEN, a Minnesota mwricipal corporirion ("Crty'), and Dakota Retail, LLLP, a Minnesota Limited liability limited partnenhip (hereinafter referred to as "pgvelgpgl" ). RECITALS A. Develooer is the fee owner of certain real property located at 190 Lake Drive. Chanhassen, MN 553 l7 in the City of Chanhassen, Carver County, Minnesota and legally described AS Lot l, Block l, Dakota Retail, Carver County, Minnesot4 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 building. Developer is requesting to convert the westerly 2,753 square feet ofthe existing building into a restaurant. 221675v1 I 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 spaces. D. Develooer has claimed that due to operational restrictions ofthe restaurant as pickup delivery services only, including no customer seating arcas and no liquor service, that: (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 ifthe parking demand exceeds the acrual on-site supply. NOW TIIEREFOR.E, in consideration of the recitals set forth above and the terms and conditions herein, Develooer 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, Prior to receiving an occupancy permit for the restaurant space for pickup and delivery only, the Developer shall construct the Phase I Fall 2A2 site improvements shown on the attached Site Plan Exhibit titled Coffee Shop Drive Improvements prepared for Klasic Property by Kimley Hom dated received September 26, 2022. 3. Develooer 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 govemment rules and regulations, including but not limited to, surface water management and erosion control requirements 223675\l 2 and be consistent with the approved Site Plan for the Pmperty, as amended. Developer shall also execute a private stormwater operation and maintenance agreement for any private stonnwater 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 Develooer, upon written notice from the City, to construct l0 additional parking spaces, the construction ofwhich has been deferred pursuant to this Agreement, and install concrcte curb and gutter at the time those additional 10 spaces are striped for parking. If Develooer fails to construct the l0 deferred parking spaces, additional improvements required under Paragraph 3 of this Ageement, or fails to execute the private stonnwater 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 agains the City under this Agreement. B. If any portiorL 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, sigred by the parties and approved by wriuen resolution ofthe City Council. The City's failure to promptly J 223675\l take legal action to enforce this Agreement shall not be constued 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 l0l. 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. flhe remainder of the page is intentionally left blank Signature pages to follow.) 4 221675\'l (CITY SEAL) STATE OF MINNESOTA COI.INTY OF CARVER foregoing instrument w'as 2022 by E municipal corporation, on behalf of CITY OF CHANHASSEN BY: before me this a ss. ) ) ) day of f the City of Chanhassen, a KIM T, MEUWISSEN Notary Public-Minrcsota Coandtinir Elpts Jdl 31.2025 o N ) 223675v1 o'.. DEVELOPER: DAKOTA RETAIL, LLLP ts /qdaa?/4 By STATEOF /1J\N COTNTY OF ffir{\.er\ ) )ss. ) The 2022, by Dakota Retail. LLLP, a Minnesota limited liabiliw limited partnership, on behalf of said entitv. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL TOIUTSON P r ofe s s io no I As s o c iati o n Grand Oak Office Center I 860 Blue Gentian Road, Suite 210 Eagan, Minnesota 55121 Telephone: 65 l -452-5000 JJJ/smt foregoing instrument was acknowledged before me this l" day of 0CVE9- ,Dfrpti ELftstc,. , the A+il*aNq-pap7xfuaa or 6 KO WE NOTARY PUBLIC MINNESOTA Jan.31,frAMy Cfinisdql EpiB 223675r I MORTGAGE HOLDER CONSENT TO DEVELOPMENT AGREEMENT HIAWAI ,,1, NATIONAL BANK. A i^\r(nbrus(A f-*frarrxED4Phn u, a Mortgage on all r,r part ofthe Property more particularly described in the foregoing Development Agreement, which .lortgage is dated October 1,2021, and was recorded November 22,2021, as Carver County Do, ument No. A737561, and an Assignment of Rents dated October 1, 2021, and was recorded Nor cmber 22, 2021, as Carver County Document No. 4737562 (collectively "Mortgages"), for grcod 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 Agreement. GRANTOR: HIAWATHA NATIONAL BANK By: [print namel lts f\,(-lrirlel t^I5C0 TA M STATE OF col'JNTYoFk' eJL4'}l\ foregoing instrument was acknowledged before me this -!fiay of Hiawatha National Bank, a 6CDf\E on behalf of said entity. ) ( ss. ) The 2022, by of Notary Public .-:$i'[-'.i& -:$rj.rrlARY ''.. 2 ?r*,r,,r.:::.,$DRAFTED BY: CAMPBELL KNUTSON P r ote s s i o n a I A s s o c ial io n Grand Oak Office Center I 860 Blue Gentian Road, Suite 210 Eagan, Minnesota 55121 Telephone: 65 I 452-5000 JJJ/smt 7 223675r I the Frbt