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.
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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
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Fueu\G
OF