Site Improvement Performance Agreement Recordedi(p-2_q 41
Document No. A639072
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -December 27, 2016 3:19 PM
Fee: $46.00
111111 VIII III II III David Frischmon
639072 County Recorder
(reservedfor recording information)
SITE IMPROVEMENT PERFORMANCE
AGREEMENT
PAISLEY PARK PLANNED UNIT DEVELOPMENT
AGREEMENT dated October 24, 2016, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, and Paisley Park Facility, LLC.
BACKGROUND.
A. The City has approved a rezoning of Lot 11, Block 1, Chanhassen Lakes
Business Park to Planned Unit Development (`PUD"). The PUD requires the
Developer to enter in this Site Improvement Performance Agreement.
2. REQUIRED IMPROVEMENTS. The Developer shall construct the following
improvements by the dates indicated:
A. Re -stripe Audubon Road to include left turn lanes at the intersection of
McGlynn Drive/the southern access to the site by October 5, 2016.
B. Stripe the parking stalls by October 5, 2016.
C. Allow the Paisley Park North Access to remain in the current location, while
restricting access to 'Bus Only" and 'Right -Out Only" for passenger vehicles
through signage. This restriction would limit the potential for motorists traveling
south along Audubon Road. A permanent barrier island should be placed in
the access to control the right-in/right-out.
SGANN�-C
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D. A traffic study shall be completed at 6 and 12 months, as directed by the
Public Works Director, and shall include a level of service analysis of the
intersections of Audubon Road at: the northern access, McGlynn Drive,
Coulter Boulevard, and Park Road. The study shall also analyze the
pedestrian movements across Audubon Road at Highway 5 and McGlynn
Drive. If the level of service at any number of the intersections fails, and/or
if the study identifies a pedestrian safety issue, the applicant shall install
and pay for the recommended improvements such as a rapid flash
crosswalk to the roadway system and/or the site.
E. Landscaping shall be planted by spring of 2017 and maintained per the
PUD.
3. LICENSE. Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and inspections
deemed appropriate by the City in conjunction with site development.
4. SECURITY REQUIREMENTS. To guarantee compliance with the terms of this
Agreement, the Developer shall furnish the City with a cash escrow or letter of credit in
the form attached hereto, from a bank ("security") for $25,000.00.
5. MISCELLANEOUS.
A. Third parties shall have no recourse against the City under this Agreement.
B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Agreement is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Agreement.
C. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Agreement. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the
City Council. The City's failure to promptly take legal action to enforce this
Agreement shall not be a waiver or release.
D. This Agreement shall run with the land and may be recorded against the title to
the Subject Property. The Developer covenants with the City, its successors
and assigns, that the Developer has fee title to the Subject Property and/or has
obtained consents to this Agreement, in the form attached hereto, from all
parties who have an interest in the property; that there are no unrecorded
interests in the property; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
E. Each right, power or remedy herein conferred upon the City is cumulative and
in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City, at law or in equity, or under any other
1880550
agreement, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such
order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
F. Breach of the terms of this Agreement by the Developer, including nonpayment
of billings from the City, shall be grounds for denial of building permits and
certificates of occupancy, and the halting of all work on the property.
G. The Developer represents to the City that the development complies with all
city, county, metropolitan, state, and federal laws and regulations, including but
not limited to: subdivision ordinances, zoning ordinances, and environmental
regulations. If the City determines that the development does not comply, the
City may, at its option, refuse to allow construction or development work in the
development until the Developer does comply. Upon the City's demand, the
Developer shall cease work until there is compliance.
6. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work
and the Developer shall promptly reimburse the City for any expense incurred by the City,
provided the Developer, except in an emergency as determined by the City, is first given
notice of the work in default, not less than forty-eight (48) hours in advance. This
Agreement is a license for the City to act, and it shall not be necessary for the City to
seek a Court order for permission to enter the land. When the City does any such work,
the City may, in addition to its other remedies, assess the cost in whole or in part.
7. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the
Developer by certified mail at the following address: Paisley Park Facility, LLC, c/o
Bremer Trust, National Association, 1100 West St. Germain St., St. Cloud, MN 56302.
Notices to the City shall be in writing and shall be either hand delivered to the City
Manager, or mailed to the City by certified mail in care of the City Manager at the
following address: Chanhassen City Hall, PO Box147, Chanhassen, Minnesota 55317-
0147.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
1880550
CITY OF CHANHASSEN
xiMw '' f
r.. •�,•d , ^,
BY:
F - 446 (j)`'., '`. Denny Kaufenburg6r, Mayor
s :� +'+yf•� AND:
'y, •......••' b odd Gerhardt, City Manager
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STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
I T e foregoing instrument was acknowledged before me this } h day of
to lam_, 2016, by Denny Laufenburger 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.
,y 'KIM T. MEUWISSEN
i Notary Public-Minnesota
My Commission Expires Jan 31, 2020
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C LaL Cl,N
NOTA Y PU`8rTC
DEVELOPER: PAISLEY PARK FACILITY, LLC
A Delaware Limited Liability Company
By, BREMER TRUST, National Association
Its Sole Mem4,er
By: olaz / 'eo'�
Alison A. Hauck, Tpecial Administrator
STATE OF MINNESOTA
)ss.
COUNTY 064W4,S) ,,y f
The foregoing instrument was acknowledged before me this l' day of IVO 64IaW , 2016,
by Alison A. Hauck, the Special Administrator of Bremer Trust, National Association, the sole member of
Paisley Park Facility, LLC, a Delaware limited liability company, on behalf of the limited liability company.
DRAFTED BY:
y, CAMPBELL, KNUTSON
Professional Association
L/860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651452-5000
[RNK]
188055vl
DNICOE. OLMSCHEID
LE
NOTARY PUBLIC -MINNESOTA My Commission Expires
January31,2021