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Amendment to DC 190 Lake Drive Dakota Retail 14-11Document Number: A767930 Filed and/or Recorded on Dec 12, 2023 4:07 PM Office of the County Recorder/Registrar of Titles Caryer County, Minnesota Kaaren Lewis, County Recorder Deputy NV Document Recording Fees $ 46.00 DocumentTotal $ 46.00 Requesting Pafi: City of Chanhassen Pages: 5 I'hI{$ FIITS'I'ANIENDSIENT TO DEVELOPMENT CONTRACT ("Amendment") is made tliis l.!'ila.y of uou 5r '2023, by and belween the CITY OIi CHANIIASSEN, a Minnesota urunicipal coryoraLrorr ("t-'ir1,";. and DAKOT.A RETAIL, LLLP, a Minnesota lirnited liability limited partnership (the "O\\,rl,il'" arrd "i)g,relttper"). Ri)CI 'ALS /t, L)cveloper is the f'ee ownel o[ certairr real properly located at 190 Lake Ddve, Chanlrassen, MN 5531? and iegally described as: Lot 1. Block l, Dalcota Retail, Oarvcr County, Minnesota, according to the recorded plat thereof ("Subject I'ropcrtv"): B. 'lhe Cit1, ancl Developer prcviously entered into a Development Contract dated October 10, 2022 and filed ot' record on October 17, 2022 rvith the Carver County Recorder as Document No. A753391 concerning the conversion of poftion of the br.rilding located rrn the Subject Property ("Developntent Contract"); 22?.1..16v I I F'ERST /{MH,NDMEI{T TO DE'V8tr.,CII}MENT CONTTTACT C. thc City and Developer desire to aureud the Developurclt Conlract to extend the date review the nccrl tor atldi,;ioual pariring spaces NO \,V,',I'HEnEI'O RB, THE PARTTES AGR-EE AS FOLLOWS : l. Pat'agraph 4 of thc Dcvcloprnont Contract s hereby amended in its entirely to read as fbllorvs tl. If, prior to Octrrber 10, 1024, the City determines, in its sole discretion, that the parking tiernand exceeds the nurnber of conriirucled parking spaces, the City may terminate the parking deferment granted herein and require Deveioper, upon written notice finm the City, to construct l0 additional parking spaccs, tlrc construotion of which iras been deferred pursuant to the Development Contract, and install concrete curb and gutter at the time tlrrsc adtlitional 10 spaces are striped forparking. If Developer fails to coustruct the 10 defered palhing spaces, additional improvements required under Paragraph 3 of the l)evelopnreut Contlact, or fails to execute the private stomlwater maintenance agreement required uuder Paragraph 2 within six (6) rnontlrs after so requested by the City, the City ntay rescind the certificate of occ\li)lnc), ior Lhe building lor:a'.tecl on the Subicct Property. 2. E,xcept as herein amerrdeci, the Develuplrtetri Contra.ct shall rernain in ftill force and effect. Itq S,/ITNESS WHERIiOF, tlie parties have caused this Arnenctment to be executed this 2'f TH rlay of v .,'>'r 202:3 [The remuindu of this page has been intentionally left blank. Signat ure puges follow,J z 2t- ;446y I CITY OF'CIIANTIASSEN By:,.lltllill'ri' ',. I (sEAr.) And Hokkanen, s]'A'rE OF TUTNNESOTA ) crouN'r'Y oI- CARVER )ss' ) 't'he foregoing instrument was acknorvledged before me this &, ,f&,le,l&.,2023, by Elise Ryan and by Laurie Hokkanen, respectively thJMayor and City via,@of ine i@Cn"onur.en, a Minnesota nrunicipal corporatir-ur, on llehalf of the corporation and to the authority by its City Council. Notary 3 MEUWISSEN Pubtlc-Minnesota TKIM Notary 20253tCommisslonMy 227tl46vl DEl4I,OPERI DAKO'trA RIqTAIL, LLLP By: Its Muraging Partner I , $60ut6!r\ IvilNhlf,SOTAs}i'A'lE or, l)ilA-h-'rED il)': (;.\lvtPBt:Ll,, I(NUTSON P rofessional Associatiort Crand Oak Of{ice Centcr I 860 Blue Gentian Road, Suite 290 fiagau, MN 55121 1-clcphonc: (65 1 ) 452-5000 AMP ) )ss. ) 't'he tbregoing instrument rvas acknowledged before rne this $ . duy nf --D$$[4] -,2023, by Ilario Klasik, the Managing Parrner of Dakota Reteil, LLLP, a Minnesota limited hability limited parhrer, on its behalf. Public 4 ?274;1,6v1 t COIJNrY OFt:t-t"D/' NIORTCAGE HOI,DER CONSENT TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT HIAWATHA NATIONAL BANIq 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 rrrortgage is dated Octobcr 1,2021, recorded Novemtrer 22,2t)21, as Caler County Document No. A737561, and an As.signnrent of Rents dated October l, 2021, recorded Novcmbcr 22, 202L, as Carver County Document No. A'13'1562 (collectiveiy "lvlortgage"), agrees that the First Amendment to Development Conkact shall remair in full fbrce and effect even if it fbrecloses on its Mortgage. HIAWATIIA NATIONAL BANK By: Its [Print narne] ITitleJ SI'A'TE OF WISCONSIN C]OTJNTY OF ST. CROIX ) )ss ) \\.. The foregoing instrument was acknowledged .t-'t : Q*s.t \sc'--r , the L\sJ Vr o{4tq[,,.- auy orkrq\.J . zoz3,by of gi"rn"ttN;6nal Bank, a bcfore me this -b- Wisconsin DRAITTED BY: CAMPBELL, IC\UTSON P roJ cssio n al Associstio n Cirand Oak Offrce Center I 860 Blue Centian Road, Suite 290 Eagan, MN 55121 'l'elephone: (65 l) 452-5000 AlvfP Bank , on bchalf of said entity Notary Public 5 D7446vl Dated tius jtou, "r k+SttS\ ,zoz3. Fueu\o OF F'TRST AMENDMENT TO DEVELOPMENT CONTRACT T'l{{S FIRST AMENDNIENT TO DEVELOPMENT CONTRACT (ooAmendment") is made this Ztlt?a:, of EgElilL , 2023, by and bel.ween the CITY OF CHANHASSEN, a Minnesota municipal corpolation ("Cit1,"1. and DAKOTA RETAIL, LLLP, a Minnesota limited liability limited partnership (the "Owner" airci' l.)c,.'eklper"). RECITALS A, Developer is the feur owner of certain real property located at 190 Lake Drive, Chanhassen, MN 55317 and legally described as: Lot l. Block l, Dakota Retail. Carver County, Minnesota, according to the recorded plat thereof ("Subject Property"); B. The City and Developer previousiy entered into a Development Contract dated October 10,2022 and filed of record on October 17,2022 rvith the Caner County Recorder as Document No. A753391 concerning the conversion of portion of the building located on the Subject Properly ("Development Contract"); 227416v! 1 C. The City and Developer ciesire to amend the Development Contract to extend the date review the need for additional parking spaces. NOW, THEREFORE, THE PARTIES AGREE dS FOLLOWS: 1. Paragraph 4 of the Developntent Contract s hereby amended in its entirety to read as follows 4. If, prior to Octrrber 10, 7024, the City deterrnines, in its sole discretion, that the parking demand exceeds the number of constmcted parking spaces, the City may terminate the parking deferment granted herein and require Dcveloper, upon written notice from the City, to construct l0 additional parking spaces, the construction of which has been defened pursuant to the Development Contract, and install concrete curb and gutter at the time those additional 10 spaces are striped fbr parking. If Developer fails to construct the 10 deferred parking spaces, additional improvements required under Paragraph 3 of the Develooment Contract, or faiis to execute the private stomlwater maintenance agreement required under Paragraph 2 within six (6) mcnths after so requested by the City, the City may rescind the certificate of occupanc)' ibr the building localeci r,rn the Sub.lect Propertv. 2. Except as herein amended, the Development Contra.ct shall remain in full force and effect. IN WITNESS WHEREOF, the panies have caused this Arnenclment to be executed this 21fl day of --0:1 G V!:l'-- --.,2023. [The remainder of this page has been intentionally left blank. S i gnature pages fo llow. J 2 22t446v1 CITY OF'CHAI{IIASSEN By: Ryan, Mayor And Hokkanen, STATE OF MINNESOTA COT]NTY OF CARVER ) The foregoing instrument was acknowledged before me this ) )ss.&,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 J MEUWISSEN Public-Minnesota TKIM Notary 2t25Jgr 31,ExPirc 22'7446v1 DEYELOFER: DAKOTA RETAIL, LLLP By: its Managing Partner t '",\)6oot6li\\ S IATE OF M*l-NEfil ) )ss. )COLINTY OFS .&?I The foregoing instrument was acknorvledgecl before me this ?+h day of l!qfl\441 _,2023, by Dario Klasik, the Managing Partner of Dakota Retailo LLLP, a Minnesota iimited liability limited partner, on its behalf. Public D]IAFTED B\': CAMPBELL, KNUTSON P r ofe s s io n al As s o c iatio n Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 aN{P U^ 4 227446v1 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 I , 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. Datedttris ita", "r ktrEt'S\ .2023 HIAWATHA NATIONAL BANK By: Its IPrint name] ITitle] STATE OF WISCONSIN ) )ss couNTY oF sT. cRolx ) The foregoing instrument was acknowledged before me this -b- day of \.:r\2023,by the L\gJ Vl \cla-od(icc,.- of National Bank, a\q.( \ Q-.p=t \sc'r Wisconsin B ank, on behalf of said entity a \\olAQl-Notary Public rltilt... DRAFTED BY: C.IMPBELL, KxursoN P r ofe s s io n al A s s o ciatio n Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (65 I ) 452-5000 AMP 5 227446v1 \-"^-C.^-\^"-* Fueu\G OF