Short Form LeaseDocument No. A633292
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Certified Recorded on -September 07, 2016 2:10 PM
Fee: $46.00
1111111111111111111 David Frischmon
633292 County Recorder
SHORT FORM LEASE
THIS SHORT FORM LEASE (the "Short Form Lease") is entered into as of this a day of
September, 2016, by and between CHANHASSEN SHOPPES, LLC, a Minnesota limited liability
company ("Landlord"), and CHICK-FIL-A, INC., a Georgia corporation ("Tenant").
WITNESSETH:
A. Landlord and Tenant have entered into an Amended and Restated Ground Lease dated
Z , 2016 (the "Lease") in relation to the real property legally described on Exhibit A,
attAched hereto and incorporated herein, and are filing this Short Form Lease to provide record notice of
the Lease and the terms and conditions contained in the Lease.
NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Short
Form Lease and in the Lease, Landlord and Tenant hereby agree as follows:
1. Demised Premises. Effective as of the Commencement Date, Landlord leases to Tenant,
and Tenant leases from Landlord, on the terms and conditions of this Lease, the Land, together with any
and all improvements, appurtenances, rights, privileges and easements benefiting, belonging or pertaining
to the Land (collectively, the "Demised Premises").
2. Term. The term of the Lease will commence on the Commencement Date (as that term is
defined in the Lease), and will terminate on the last day of the month which is twenty (20) years after the
Rent Commencement Date (as that term is defined in the Lease) unless sooner terminated or extended as
provided in the Lease. Tenant has the right to extend the term of the Lease for six (6) consecutive periods
of five (5) years each pursuant to the terms of the Lease. Upon request, each of Landlord and Tenant
agrees to promptly execute and deliver an amendment to this Short Form Lease in recordable form
acknowledging the actual date of the Commencement Date and the Rent Commencement Date.
3. Incorporation of Lease. The provisions of the Lease are incorporated into this Short
Form Lease as if set out in full. In the event of any conflict or inconsistency between the terms of this
Short Form Lease and the terms of the Lease, the terms of the Lease will govern and control for all
purposes.
4. Defined Terms. All capitalized terms and words of art which are used but not defined in
this Short Form Lease will have the same respective meaning designated for such terms and words of art
in the Lease.
Commercial Partners Title, LLC
Vim:. C_v\lam Ca
200 South Sixth Street
Suite 1300
Minneapolis, MN 554M
5. Cancellation of Short Form Lease. On the request of Landlord following the expiration
or termination of the Lease, Tenant will promptly execute and deliver an appropriate release and/or
cancellation instrument in recordable form acknowledging the expiration or termination of the Lease and
releasing any and all right, title and interest of Tenant in and to the Demised Premises under the Lease.
[Signature Pages Follow]
PA
Landlord and Tenant have caused this Short Form Lease to be executed on the day, month and year
set out above.
"LANDLORD"
CHANHASSEN SHOPPES, LLC,
a Minnesota limited liability company
ay M. S tt
Title:President
STATE OF MINNESOTA
) ss
COUNTY OF HENNEPIN )
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On this day of 2016, before me personally appeared Jay M.
Scott, the President of CHANHASSEN SHOPPES, LLC, a Minnesota limited liability company,
the persons who are described herein and who executed the within and foregoing instrument and
acknowledged to me that the such entity executed the same.
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JSHU&BG�w N ary Public
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"TENANT"
CHICK-FIL-A, INC., a G gia corporation
By:
Name:
Title: v: , or.es,aer+ and Assist -ant n_, . i Counsel
(CORPORATE SEAL)
STATE OF GEORGIA )
) ss
COUNTY OF FULTON )
On this + day of UkWIXC 2016, before me personally appeared
the of Chick-fil-A, Inc., a Georgia
corporatio , the persons who are described herein and who executed the within and foregoing
instrument and acknowledged to me that the such entity executed the same.
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EXHIBIT A
LEGAL DESCRIPTION
Parcel 1
Lot 2, Block 1, Zamor Addition, according to the recorded plat thereof, Carver County,
Minnesota, EXCEPTING THEREFROM the following tract:
That part of Lot 2, Block 1, Zamor Addition, shown as Parcel 208B on Minnesota Department of
Transportation Right of Way Plat No. 10-3 filed March 14, 1991, as Document No. 122284.
Parcel 1 contains approximately 1.32 acres as shown on that certain ALTA/ACSM Survey
prepared by Craig W. Morse, Minnesota License No. 23021, HR Green, Inc., dated September 1,
2016.
Parcel 2
Easement for parking as contained and described in Cross Easement for Parking dated July 25,
1996, filed July 29, 1996, as Document No. 198692.
Carver County, Minnesota
Abstract Property
This document drafted by:
Siegel Brill, P.A.
100 Washington Ave S, Suite 1300
Minneapolis, MN 55401
CONSENT AND SUBORDINATION AGREEMENT
THIS CONSENT AND SUBORDINATION AGREEMENT is entered into by
BRIDGEWATER BANK, a Minnesota banking corporation ("Lender"), as the holder of that
certain Combination Mortgage, Security Agreement, Fixture Filing and Assignments of Leases
and Rents dated February 4, 2015, and recorded with the Carver County Recorder's Office on
February 5, 2015 as Document No. A605309 (the "Security Deed"), which Security Deed
encumbers the property described on Exhibit A of the Short Form Lease (the "Short Form
Lease") to which this Consent and Subordination Agreement is attached. Lender does hereby
consent to the execution and delivery of the Short Form Lease and hereby agrees that the
Security Deed is and shall be subordinate to the rights created under the Short Form Lease.
IN WITNESS WHEREOF, Lender has executed this Consent and §u1 t rdination
A reement under seal by its duly authorized representative as of the day of
2016.
BRIDGEW BANK
By:
Its: &-rt A ±
STATE OF MINNESOTA )
) ss
COUNTY OF ftV ASV N )
rO,n this day of `j �1,1/1� 2016, before me personally appeared
the \ t)l-L of Bridgewater Bank, a banking
corporation, the person who is described herein and who executed the within and foregoing
instrument and acknowledged to me that the such tity execu d the same.
ry Public
ASHLEY MARIE KEMPLIN•GAMM
Notary Public
State of Minnesota
�j My commission Expires
' in. January 31 , 2018