Approval Letter PUD Amendment 6-13-08
CITY OF
CHANIlASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WIIW.ci.chanhassen. mn .us
June 13, 2008
Mr. Joe Smith
Chaska Gateway Partners LLP
c/o Steiner Development, Inc.
3610 County Road 101 South
Wayzata, MN 55391
Re: Arboretum Business Park
Superdog Country Club
Planning Case #08-11
Dear Mr. Smith:
This letter is to confirm that on June 9, 2008, the Chanhassen City Council
approved the amendment to the Planned Unit Development design standards for
Arboretum Business Park, amending section b. Permitted Uses, subsection
Commercial Uses, to permit pet kennels and/or veterinary clinics on Lot 2, Block
1; and the Site Plan for Superdog Country Club.
Attached is the fourth amendment to the Development Contract for execution by
Chaska Gateway Partners, LLP. Please return the executed document to the City
for signing. Upon execution by the City, a copy will be returned to you for your
files and the original recorded at Carver County.
If you have any questions or need additional information, please contact me at
(952) 227-1131 or bgenerous@ci.chanhassen.mn.us.
Sincerely,
f~~
Robert Generous, AICP
Senior Planner
RG:~'
ec:
Kate Aanenson, Community Development Director
Joe Shamla, Project Engineer
Enclosure
g:\plan\2008 planning cases\08-11 superdog country club\approvalletter pud amendment.doc
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
FOURTH AMENDMENT
TO ARBORETUM BUSINESS PARK
DEVELOPMENTCONTRACT~UDAGREEMENT
AGREEMENT dated June 9, 2008, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation ("City"), and CHASKA GA TEW A Y PARTNERS
LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Developer").
1. BACKGROUND. The parties have previously entered into a Development
Contract/PUD agreement for Arboretum Business Park dated August 25, 1997 (the
"Development Contract"). The Development Contract was recorded on September 12, 1997 as
Carver County Abstract Document No. 215748 and on September 12, 1997 as Carver County
Torrens Document No. T98262. The Development Contract was amended by Addendum "A"
dated September 22, 1997 ("Addendum A"). Addendum A was recorded on February 16, 1998
as Carver County Abstract Document No. 222435 and Torrens Document No. TlO0332. The
Development Contract was amended by Addendum "B" dated May 11, 1998 (" Addendum B").
Addendum B was recorded on July 8, 1998 as Carver County Abstract Document No. 230785
and Torrens Document No. T102658. The parties also entered into a Development ContractJ
PUD Agreement for Arboretum Business Park 4th Addition dated June 24, 2002, and recorded
July 22,2002, as Carve County Registrar of Titles Doc. No. T128490 ("4th Addition
Development Contract"). Exhibit C to the Development Contract and the 4th Addition
Development Contract contain certain Development Design Standards applicable to the
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Arboretum Business Park PUD ("Design Standards"). The Developer and City previously
amended the Design Standards by a First amendment dated August 20, 2001 and recorded
December 4,2001 as Carver County Registrar of Titles Doc. No, T123316 and Carver County
Recorder Doc. No. A301836 to incorporate churches as interim uses and to permit an auto
service center and a Second Amendment dated December 10, 2001 and recorded September 13,
2003, as Carver County Abstract Doc. No. A366168 and Torrens Doc. No. T140561 changing
permitted and prohibited uses, and amended the Design Standards by a Third Amendment, dated
April 14, 2003 and recorded December 3, 2003, as Carver County Abstract Doc. No. A374407
and Torrens Doc. No. T142928 to permit Personal Services. The Developer and the City now
further amend the Design Standards as specified below.
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract,
the First, Second and Third Amendments to the Development Contract! PUD Agreement,
Addendums A and B, and the 4th Addition Development Contract shall remain in full force and
effect with the modifications listed in the amendment below.
3. AMENDMENT. In addition to the terms and conditions outlined in the Development
Contract, the First, Second and Third Amendments to the Development Contract/PUD
Agreement, Addendums A and B, and the 4th Addition Development Contract the following
commercial use is added to commercial uses under the heading "Commercial Uses", in section b.
of the Design Standards:
7. Pet Kennels and/or veterinary clinics (Lot 1, Block 1).
IN WITNESS WHEREOF this "Fourth Amendment" was executed by the parties
effective the day and year first above written.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND
Todd Gerhardt, City Manager
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DEVELOPER:
CHASKA GATEWAY PARTNERS
LIMITED PARTNERSHIP
BY: STEINER DEVELOPMENT, INC.
Its General Partner
By
Its
ST ATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2008, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of
the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
ST ATE OF MINNESOTA)
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2008,
by , the of
Steiner Development, Inc., a Minnesota corporation and the general partner of Chaska Gateway
Partners Limited Partnership, a Minnesota limited partnership on behalf of the limited partnership.
Drafted by:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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MORTGAGE HOLDER CONSENT
TO ARBORETUM BUSINESS PARK
DEVELOPMENT CONTRACTIPUD AGREEMENT
, which
holds a mortgage on all or part of the subject property, the development of which is governed by the
foregoing Arboretum Business Park Development ContractIPUD Agreement, agrees that the
Development ContractIPUD Agreement shall remain in full force and effect even if it forecloses on
its mortgage.
Dated this
day of
,2008.
By
Its
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 2008, by
day of
, its
NOTARYPUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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