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.
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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.
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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:
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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.]
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CITY OF CHANHASSEN
By i'�`i<-- /
(SEAL) Elise Ryan, Mayo
/
And �`^'`
r
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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
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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
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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)
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EXHIBIT B
Legal Description of Grantee Property
Lot 4, Block 1, Crossroads Plaza 3rd Addition, Carver County, Minnesota, according to the
recorded plat thereof.
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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.
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EXHIBIT D
Depiction of Easement Premises
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