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First Amendment to DC 2014-11F'[R.ST AMENDMENT TO DEVELOT'MENT CONTRACT TII{S FIRST AMENDNIENT TO DEVELOPMENT CONTRACT ("Amendment") is made this ltl-'llay r:f UGU S,li-2023, by and bel.ween the CITI' OF CHANI{ASSEN, a Ivlinnesota municipal corp6ratiol ("Citr,";. and DAKOTA RETAIL, LLLP, a Minnesota limited liability limited partnership (the "Orvnefl ' anri " iic,.'ekrper"). IdECII'ALS A. L)er.eloiler is the "r?e owner o[ certain real property located at 190 Lake Drive, Chanhassen, MN 55311 and legally described as: Lol l. Block l, Dakota Retail. (larl'er County, Minnesota, according to the recorded plat thereof ("Subject Property"); B. The City and Developer pleviousiy entered into a Development Contract dated October 10,2022 and fi}ed of record on C)ctober 17.2Q2?- with the Claner County Recorder as Document No. A753391 concerning the conversion rif portion of the building lr:cated on the Subject Property ("Development Contract"); 22711{:v\ 1 C. The City and Deveioper ciesire to amend the Development Contract to extend the date review the need for additional parking spaces. NOW, THEREFORE, 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, ?024, the City deterrnines, in its sole discretion, that the parking demand exceeds the number c,f constructed 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 10 spaces are striped for parking. If Developer fails to construct the 10 deferred parking spaces, additional improvements required under Paragraph 3 of the Development Contract, 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 tire Subject Propertv. 2. Except as herein amendeci, the Development Contract shall remain in full force and effect. IN WITNESS WHERBOp, the parties have caused this Atnen<lment to be executed this Z&ITH day of AVE.;11 __,2023. [The remainder of this page has been intentionally left blank. Signature pages follow. J 2 22t446y1 CI TY OB. CIIAIT{TIASSEN By: Ryan, Mayor And (sEAL) --:- -.: \ STATE OF MTNNESOTA COLINTY OF CARVER ) )ss )&,The foregoing instrument was ackncrwledged before me this 2023. by Elise a Minnesotallyan and by Laurie Hokkanen, respectively the Mayor and City Manager of the rnunicipal corporation, on behalf of the corporation and to the authority granted by its City Council. Notary ) MEUWISSEN Public-Minnesota TKIM Notary 2t25Jan 31,Ex6ircCdmtlssiort 22'7446v1 DEVELOPER: DAKOTA RETAIL. LLLP By: Its Managing Partner I ,",U6cottrS$ s IArE or Narwr5frf ) )ss. )COLTNTY OFS .&?I or i\r"rtP+,2023,by Dario Klasik, the Managing Partner of Dakota Retail. LLLP, a Minnesota iimited liability limited partner, on its behalf. U^ Public DRAFTED BY: CAMPBELL, KNUTSON Profes sio nal As s o ciation Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 aMP The foregoing instrument rvas acknolvledged before me this B!ts aav 4 IE OT +oz {x 227416v1 MORTGAGE HOLDER CONSENT TO FIRST AMENDMBNT 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. A737562 (collectively "Mortgage"), agrees that the First Amendment to Development Contract shall remain in full force and effect even if it forecloses on its Mortgage. Dated this day of 6\2023 HIAWATHA NATIONAL BANK By: Its vb STATE OF WTSCONSTN ) )ss. couNTY oF sT. cRorx ) IPrint name] ITitle] 2023,by National Bank, a\ The foregoing instrument was acknowledged before me this A- day of \:.\ <:.( r e.*.t\:.or the Q\rsJ V.'oor- ot€ics,- of Wisconsin B ank, on behalf of said entity \\o lA,tP Notary Public a a Pueu\G OF lltil(. r, lt DRAFTED BY: C.l,mPBELL, KxursoN Professio nal Asso ciatio n Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (65 I ) 452-5000 AMP 5 227446v1