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Parking Easement Agreement RECORDED Document#: A680845 Date: 08-02-2019 Time: 09:08 AM Pages: 11 Recording Fee: $46.00 Paid on 08-02-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder CITY OF CHANHASSEN RECEIVED AUG 2 8 2019 CHANHASSEN PLANNING DEPT PARKING EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made as of,21<<'- $ , 201`9 (the "Effective Date") by and between the CITY OF CHANHASSEN ("City"), a Minnesota municipal corporation and CHANHASSEN WEST 79TH STREET, LLC, a Minnesota limited liability company("Grantee"). RECITALS: WHEREAS, the City is the fee owner of real property legally described on Exhibit "A" attached hereto and made a part hereof("City Property"); and WHEREAS, Grantee is the fee owner of real property legally described on Exhibit "B" attached hereto and made a part hereof("Grantee Property"); and WHEREAS, Grantee plans to lease the Grantee Property to Chanhassen Butcher, LLC, a Minnesota limited liability company("Tenant")for operation of the "Restaurant"; WHEREAS, the Tenant requires additional parking to serve the Restaurant as required pursuant to City of Chanhassen Site Plan approval for the Restaurant on Grantee's Property; WHEREAS, Grantee desires an easement for parking over the City Property to serve Grantee's Property and the Restaurant; WHEREAS, the City agrees to grant a parking easement over the City property for the Restaurant pursuant to the terms of this Agreement; NOW, THEREFORE,the parties to this Agreement agree as follows: 1. Grant of Easement. The City hereby grants to the Grantee, and its agents, employees, tenants, contractors, customers and invitees, an exclusive easement appurtenant to and for the benefit of the Grantee Property for construction of the Parking Lot Improvements (as hereinafter defined), vehicular parking, and vehicular and pedestrian ingress and egress, upon, over, and across the parking areas, driveways, curb cuts and sidewalks from time to time located on the portion of the City Property legally described in Exhibit C and depicted in Exhibit D, attached hereto and incorporated herein("Easement Premises"). 2. Construction of Parking Area. Grantee will, at its own expense, contract for the construction of the parking lot, consisting of approximately 25 parking stalls and related improvements("Parking Lot Improvements")within the Easement Premises pursuant to plans and specifications approved by the City for the Parking Lot Improvements and consistent with the requirements of the Site Plan approval by the City and the City Code. Grantee shall be responsible for all costs associated with the construction of the Parking Lot Improvements. The parking lot and related improvements must be completed by November 30, 2019 or this Parking easement agreement shall be deemed terminated. 202818v1 3. Parking Lot Maintenance.Repair and Reconstruction.Grantee,at its own expense,will repair, maintain, and make any necessary improvements to the Parking Lot Improvements, including the surface of the parking area, snowplowing, sweeping, removal of debris, striping as needed and maintaining the same in a clean,safe and orderly condition during the Term of this Agreement. In the event of any damage to or destruction of all or a portion of the Parking Lot Improvements during the Term of this Agreement, Grantee shall,at its sole cost and expense, with due diligence,repair, restore and rebuild the Parking Lot Improvements to substantially the same condition as prior to such damage or destruction. 4. Compliance with Applicable Law: Permits and Approvals. Grantee, its successors, assigns,contractors and subcontractors, and tenants shall comply with all applicable federal, state, and local laws and regulations relating to the construction of the Parking Lot Improvements, and in the use of the Easement Premises and performance of the obligations set forth in this Agreement. Grantee shall be responsible for obtaining all governmental permits, approvals and licenses necessary to undertake the making of the Parking Lot Improvements within the Easement Premises as contemplated by this Agreement. 5. Restoration. Upon completion of any work by Grantee resulting in any damage to the portion of City Property outside of the Easement Premises, Grantee shall, in all cases, restore said portions of the City Property to the same or similar condition as it was prior to such work. Any such restoration shall be completed as promptly as weather permits, and if Grantee shall not promptly perform and complete the restoration, remove all dirt, rubbish, equipment and material, and put the portion of the City Property outside the Easement Premises in the required condition, the City shall have,after demand to Grantee to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Grantee. Grantee shall reimburse the City the cost of restoration within 30 days of receipt of a paid invoice for the restoration. This remedy shall be in addition to any other remedy available to the City under the terms of this Agreement. 6. Indemnification,. Grantee, its successors and assigns, shall indemnify and hold harmless the City from and against all claims, liabilities and expenses(including reasonable attorneys' fees) relating to accidents injuries,loss,or damage of or to any person or property(including all Parking Lot Improvements) occurring on or about the Easement Premises,wholly or in part, as a result of any act or omission by Grantee and its agents, employees, tenants, contractors, customers and invitees; excepting, however, that the City shall not be indemnified from any loss or liability resulting from its own negligence or intentional misconduct or the negligence or intentional misconduct of the City's contractors, employees or agents. 7. Insurance. Throughout the term of this Agreement, Grantee shall procure and maintain commercial general liability and property damage insurance against claims for personal injury (including contractual liability arising under the indemnity contained in Paragraph 6 above),death, or property damage occurring upon the Easement Premises, with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000) or the City's statutory limits under Minn. Stat. ch. 466, whichever is greater, including umbrella coverage, if any, written by one or more responsible insurance carriers licensed to do business in the State of Minnesota. The City shall be listed as an additional insured on the insurance policies required under this Agreement by endorsement. The Grantee shall provide a copy of the insurance certificate and endorsement upon request by the City. 202818v2 8. No Liens. Grantee shall keep the Easement Premises free and clear of all liens and encumbrances arising from the exercise by Grantee of its rights under this Agreement. 9. Default and Remedies. If Grantee defaults in any obligation under this Agreement and fails within sixty(60)days after receipt of written notice of such default to commence such action as is reasonably necessary to cure such default and proceed diligently thereafter to cure such default, the City shall be entitled to the remedies of specific performance and/or injunctive relief to enforce Grantee's obligations hereunder, in addition to all other rights or remedies available at law or in equity and the City may terminate this Agreement as a result of Grantee's default hereunder. 10. Real Estate Taxes. Grantee shall pay, or cause to be paid prior to delinquency, all real estate taxes and assessments which may be levied, assessed or charged against the City Property as a result of this Agreement. 11. Term. Except by amendment of this Agreement executed by the parties and except as provided in paragraph 9 of this Agreement, the term of this Agreement (the "Term") shall commence on the Effective Date, shall continue through the construction of the Parking Lot Improvements, and shall only terminate upon the termination of the use of the Grantee Property for the operation of a Restaurant, multiple restaurants, or a single restaurant as part of a multi- tenant building; provided, however, the Term of this Agreement shall not terminate as a result of the Grantee Property not being used for any such purposes during any periods,not to exceed twelve (12) months, of development, redevelopment, or renovation of improvements upon the Grantee Property. 12. Assignment. This Agreement may not be assigned by the Grantee, except by written consent by the City,in its sole discretion;provided,however,the easements,covenants,conditions, restrictions, rights and obligations set forth herein shall run with the land pursuant to Section 19 hereof in the event the Grantee Property is transferred. 13. Time is of the Essence. Time is of the essence of this Agreement. 14. Entire Agreement: Amendment. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. This Agreement may be modified or amended only upon the mutual consent of City and Grantee, or their respected legal representatives, successors or assigns. 15. No Waiver.No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 16. Notices. All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been given (a) when personally delivered, (b) one business day after being delivered to a reliable and recognized overnight courier or messenger service which provides receipts of delivery, with fees prepaid or charged to the sending party, or (c) three business days after being deposited in the United States mail in a sealed envelope by certified mail, postage prepaid, addressed to the respective party at the address set forth herein or to such other address as set forth in a notice given in accordance with this Section. The notice addresses of the parties are as follows: 202818v3 City: City of Chanhassen 7700 Market Boulevard Chanhassen,Minnesota 55317 Attn: City Manager Grantee: Chanhassen West 79th Street, LLC 8560 Kelzer Pond Drive Victoria, MN 55386 Attn: Jay Scott Either party may change its notice address by delivery of written notice of such change to the other party in accordance with this Section 16. 17. Severability. The invalidity of any portion of this Agreement shall not impair in any manner the validity, enforceability or effect of the rest of this Agreement. 18. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 19. Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of and be binding upon the owners of the parcels identified herein, their permittees and their successors, assigns, heirs and personal representatives. [Remainder of page intentionally left blank.] [Signature pages to follow.] 202818v4 CITY OF CHANHASSEN By i'�`i<-- / (SEAL) Elise Ryan, Mayo / And �`^'` r � / i T dd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this at 11 day of VL ..`-,( , 2019, by Elise Ryan and by Todd Gerhardt, respectively the Mayor and City Managel 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 Public 10 `"?, JEAN M STECKLING c Notary Publlo-MWineeota r jf 14 Catwilselan OpMN Jan 31,2024 202818v5 CHANHASSEN WEST 79TH STREET,LLC 7y:B y Sco (13/- Its: Pre Si41; STATE OF MINNESOTA) ) ss. COUNTY OF CAIN ) The foregoing instrument was acknowledged before me this 1 ay of , 2019, by Jay Scott, the pr.e- id fit" of CHANHASSEN WEST 79TH ST ET, a Minnesota limited liability company, on its behalf. i\INA/QL_ ikilld U-3q_ Notary Public °4.'"P ANNE KATHRYN LUNDELL 3 .'��sl' Notary Public-Minnesota Ne;7;2.•' My Commission Expires Jan 31,2021 DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan, Minnesota 55121 Telephone:(651)452-5000 AMP 202818v6 EXHIBIT A Legal Description of City Property Outlot B, Crossroads Plaza Addition, except the Highway 5 Right of Way, Carver County, Minnesota. AND Lot 3, Block 2, Frontier Development Park. except the Highway 5 Right of Way, Carver County, Minnesota. (abstract) 202818v7 EXHIBIT B Legal Description of Grantee Property Lot 4, Block 1, Crossroads Plaza 3rd Addition, Carver County, Minnesota, according to the recorded plat thereof. 202818v8 EXHIBIT C Legal Description of Easement Premises All that part of Outlot B, Crossroads Plaza Addition and that part of Lot 3, Block 2, Frontier Development Park, Carver County, Minnesota described as follows: Commencing at the northeasterly corner of said Outlot B, Crossroads Plaza Addition, said corner being the most easterly corner of said Outlot B lying on the southerly right of way line of West 79th Street; thence southwesterly along the north line of said Outlot B a distance of 85.41 feet along a curve concave to the north, said curve has a radius of 280.00 feet, a central angle of 17 degrees 28 minutes 38 seconds and a chord that bears South 65 degrees 53 minutes 48 seconds West; thence South 1 degree 59 minutes 52 seconds West, not tangent to the last described curve, a distance of 36.68 feet; thence westerly 306.11 feet along a non-tangential curve concave to the north having a radius of 315.19 feet,a central angle of 55 degrees 38 minutes 37 second and a chord that bears North 75 degrees 33 minutes 11 second West; thence northwesterly 64.73 feet along a reverse curve concave to the southwest having a radius of 172.37 feet and a central angle of 21 degrees 31 minutes 00 seconds;thence North 26 degrees 26 minutes 48 seconds East a distance of 35.34 feet to the north line of said Outlot B; thence southeasterly, and easterly along the north line of said Outlot B to the point of beginning. 202818v9 EXHIBIT D Depiction of Easement Premises I Irif I i"- " 1 f y - t,, 441'x- / i 1 / j. r 8: q r F Loi 1�� / i 1 c� p8" i. v /i • 1 ! 1 ). 11 1 -, pi r / :i8:if;l;:i!i ;7;.. it i 0 ? 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