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
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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