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First Amendment to Development Contract Dakota RetailFIR.ST AMENDMENT TO DEVELOPMENT CONTRACT T'X-[(S FIRST dMENDMENT TO DEVELOPMENT CONTRACT ("Amendment") is made this _. day of 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("Cir-y"), and DAKOTA RETAIL, LLLP, a Minnesota limited liability limited partnership (the "Owner" and "'Dr,reklper"). RECITALS A, L')eveloper is the fee owner of certain real property located at 190 Lake Drive, Chanhassen, MN 55317 and legally described as: Lot 1. Block l, Dakota Retail, Carver County, Minnesota, according to the recorded plat thereof ("Subject Properqv"); B. The City and Developer previously entered into a Development Contract dated October 10,2022 and filed of record on October 17,2022 with the Caner County Recorder as Document No. ,4753391 concerning the conversion of portion of the building located on the Subject Property ("Development Contract"); 227446v1. I C. The City and Developer desire to amend the Development Contract to extend the date review the need for additional parking spaces NOW, THEREF'ORE, THE PARTIES AGREE AS FOLLOWS: 1. Paragraph 4 of the Development Contract s hereby amended in its entirety to read as follows: 4. If, prior to October lA, 2024, the City determines, in its sole discretion, that the parking demand exceeds the number of constnrcted parking spaces, the City may terminate the parking deferment granted herein and require Developer, upon written notice from the City, to construct l0 additional parking spaces, the construction of which has been deferred pursuant to the Development Contract, and install concrete curb and gutter at the time those additional l0 spaces are striped for parking. If Developer fails to construct the 10 defened parking spaces, additional improvements required under Paragraph 3 of the Development Conffact, 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 certificate of occupancy for the building located on the Subject Propertv. 2. Except as herein amended, the Development Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this _ day of _,2023. [The remainder of this page has been intentionally left blank. Signature p ages fo llow. J 2 22t446v1 (SE.AI,) CITY OF'CHANIIASSEN By: Ryan, Mayor And Notary srArE oF MTNNESOTA ]rr. ""^T:;ffi:sffument *u, u]*o*redged berore me this &, llyan and by Laurie llokkanen, respectively the Mayor and City Manager of the 2023. by Elise a Minnesota rnunicipal corporation, on behalf of the corporation and to the authority by its City Council KIM T Notary Cqnmslm . MEUWISSEN Public-Minnesota 31, 2025 227446v1 J DEVELOPER: DAKOTA RETAIL, LLLP By: Its Managing Partner tt)6oosl\ STATE OF MINNESOTA COI.INTY OFS .&?I The foregoing instrument was acknolvledged before nne this ?Jth day of firnaug+ , zoz3,by Dario Klasik, the Managing Partner of Dakota Retail. LLLP, a Minnesota iimited liability limited partner, on its behalf. ) )ss. ) Public DRAFTED BY: CAMPBELL, KNUTSON Professio nal Asso ciation Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (65 I ) 452-5000 aMP 4 22'7446v1 MORTGAGE HOLDER CONSENT TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT HIAWATHA NATIONAL BANK a Wisconsin Chartered Bank, which holds a mortgage on all or part of the Property more particularly described in the foregoing First Amendment to Development Contract, which mortgage is dated October 1,2021, recorded November 22,2021, as Carver County Document No. A737561, and an Assignment of Rents dated October l, 2021, recorded November 22, 2021, as Carver County Document No. A137562 (collectively "Mortgage"), agrees that the First Amendment to Development Contract shall remain in full force and effect even if it forecloses on its Mortgage. STATE OF WTSCONSIN ) )ss. couNTY oF sr. cRorx ) \ HIAWATHA NATIONAL BANK By:4"r.QQ['t, '6, /' V Its IPrint name] ITitle] The foregoing instrument was acknowledged before me this -b-€{ .- Q-.s. <\ser-.the L\rsJ \*-ru,.-e- ot€.qs,..- on behalf of said entity auy or\rrquJ .2023,by of uiu;;tE-Nutionat Bank, a Wisconsin \\oTAQP Notary Public llt||t,., DRAFTED BY: ClnnenrlL, KxursoN Profe s s io n a I A s s o c i ati o n Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (65 l) 452-5000 AMP 5 227416v1 Datedttris Ytarr"r k4st6\ ,2023. t a[rro OF