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Documents for Recording with Fredrikson and ByronLETTER OF TRANSMITTAL JOB NO. Site Plan Agreement *2004-15 ATTENTION Bonnie O'Malley RE Stone Creek Town Offices WE ARE SENDING YOU Shop drawangs Copy of letter coPrEs OATE NO.OESCRIPTION 1 1t10122 Estoppel Certifcate 1 1t10t22 Partial Release of Land from Site Plan Ag reement #20M^15 1 1t12122 Certifed Resolution THESE ARE TRA S ITTED as ch.ckcd below: E For approval El Approved as submlned ! Resubmlt copies for approval E Foryouruse n Approved as noted ! SuOmit copies for diskibution I As requested E Retumed for corrections ! Return conected prinls ! For review and comment tr n FoR B|DS ouE n PRTNTS RETURNED AFTER LoAN To us REUARKS tf you have any questons regarding lhese d@uments. please contacl Bob Generous at 952-227-1131 ot bgenerous@ci.chanhassen.mn.us. Thank you. COpy TO: Kate Aanenson, Community Oevelopment Direclo( Andy Jacobson, Maslon LLP; Liv Homland. Gramercy Commercial CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952)227-1100 FAX (952) 227-1110 I Attached ! Under separate cover via the following items: ! Prints ! Ptans n Samples E Specificetions ! Change Oroer n Pay Request tr - SIGNE ---:- I Jean Steckli 1 106 ll enclosuras eft not es noted, kiodly notity us at onca. ng. (952) 22 TO: Fredrikson & Byron 205 South 6rh Street. #4000 Minneapolis, MN 55402 tr! OATE 1t12t22 ----t ESTOPPEL CERTIFICATE (Development Contrect/PUD AgreeDent - Stone Creek Town Oflices) Northem States Pou'er Company 414 Nicollet Mall, MZ Minneapolis. MN 55401 Atm: Timothy S. Mauseth Re: Outlot A, Stone Creek To'*n Offices Ladies and Gentlemen: Reference is made to that cenain (i) Development Contract/PuD Agreement @eveloper Installed Improvements) ("1998 Contract") dated June 22,1998, by and between the Cit.v of Chanhassen (-City") and BluffCreek Partners ("BluffCreek") recorded on Ocrober 8, 1998 as Document No. A236214 in the land records of Carver Count_v, Minnesota; and (ii) Development Contract/PUD Agteement (Developer Installed Improvements) ("2004 Conuact") dated June 14, 2004, by and between the City of Chanhassen ("Ci6-") and Stone Creek Oflice Group. LLC ("Stone Creek") recorded on August I I, 2004 as Document No . A394123 in the land records of Carver County, Minnesota, (collectively, the 1998 Contract and the 2004 Contract may hereinafter be refened to as the "Contracts"). All capitalized terms used in this Estoppel Certificate and not otherwise defined herein shall have the meanings ascribed to such terms in the Contracts. The Citv undentands that Bluff Creek has entered into an agreement u'ith Nonhem States Power Company ("Bu.ler") to acquire Outlot A, Stone Creek Tor,m Offices (-Propenl'") u'hich is a portion of Slone Creek Town Offices, and understands and acknowledges that Buyer is relying on the information set fonh in this Estoppel Certificate in connection with is proposed purchase of the Propen,*. In consideration ofthe foregoing, the undersigned herebl'certifies to Buyer, Buyer's lenders, and their respective successors and assigns as follows: l. No default currently exists under any terms of the 1998 Contract or the 2004 Contracl nor has any event occurred, which with the passage of time (after notice. if anrv. required b1.'the Contracts) would become an event of default under either Contract. 2. BluffCreek is in compliance u'ith its obligations under the Contract. 3. Stone Creek is in compliance uith its obligations under the Contract. 4. The Contracts are valid and enforceable according to its terms against the Propeny*. 5. This certification may not b€ changed, waived or discharged orally'. but only by an agreement in writing. 6. This certification may be relied upon, and shall inure to the benefit ofBuyer, its lenders and their respectil'e successors and assigns and all parties claiming through or under such persons or an) such successor or assign. 7. The person sigrring this cenification on behalfofthe City is a duly authorized signatory for the City. IN WITNESS WHEREOF, the undersigned has caused this certification to be executed as of this l0 aav of J4ll ttltr g 2022. CITY OF CHANHASSEN B)':l,ww Laurie Hokkanen. City Manager This lnstrument was Drafted by: Fredrikson & Byron, P.A. (bao) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 74491913 vl PARTIAL RILEASE OF LAND FROM SITE PLAN AGRIEME]YT #2OO+IS For good and valuable consideration received, CITY OF CHANHASSEN, a Minnesota municipal- profit corporation ('City"), hereby releases Outlot A, Stone Creek Town Offices, Can'er Counq', Minnesor4 fiom thar certain Site Plan Agreement #2004-15 ("Permit") dated May 23,2004, by' and between the City and Stone Creek Office Group, LLC ("Developer"), recorded on November 29, 20M, as Document No. A402263 in the land records of Carver Countv. Minnesota. lN WITNESS WHEREOF, the undersigned has causcd this release ro be executed as of this i0 da), of {an nr^irlA_, 2022. CITY OFCEAIIHASSEN C,D: rBY: (,-,, I,IVL l'4'. tv\ (SEAL)Elt* Ry"", il")- 6ye. V{AAtftu Laurie Hokkanen. Ciq Manager of 2022 by Elise Ryaa Mayor, and Laurie Hokkanen, Cir;* Manager. of the City of Chanhasse4 a M municipal corporadon, on behalfofthe corporation and pusuant to authoriry' granted by is Cig Council STATE OF MINNESOTA COUNryOFCARVER) This Instrument was Drafted by: Frcdrikson & B1ron, P.A. (bao) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 74520253 vl (ss. The forcgoing instrument was acknowledgea uerore me rhis ldHr NOTARY BLIC KIM T. MEUWISSEN tlotary Public-Minnesots CdnrEl ErFi J$ 31. 2025 STATE OF MINNESOTA COUNTY OF CARVER I, Kim Meuwissen. City Clerk of the Ciq'of Chanhassen, Minnesota, do herebl certify that I have compared the foregoing copl of RESOLUTION NO' 202244 ..ACCEPTING DONATION OF CERTAIN REAL PROPERTY FROM BLUFF CREEK PARTNERS" adopted by the Chanhassen City Council on January 10. 2022 t'ith the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota. this l2th da1' ofJanuary,2022. City C ) ) ) ss ...;;':i:l;;;, . ..$.;o"ro,.t .'1'.. : ISEALi! '...'...1,r.r.rr.o11.' ..j CERTIFICATION Ooclsgn E.w6tope lD,r,a681 175"66/I7-431HAC4-30F469A54E79 CITY OF CHAIiHASSEN CARVER AND HF,NNEPIN COUNTIES. }IINNESOTA DATE:Januan l0 .2022 ITOTIO:i BY: McDonald SECONDED BY:Canopion RESOLUTIOIi .{CCEPTING DO:\ATIO,\ OF CERT.{I\ RE.{L PROPERT}' FRO}T BLTIFF CREEK PART)'iERS WHEREAS. BluffCreek Panners. a fr.linnesota general pannership. (-O$nei') is the fec ouncr of Outlot B. Stone Creek Toun OfTices {"Propen1''): and WHEREAS. the Propcnl is a remnant piece created as a result of the uidening of Highsal 5 and is unbuildablc consisting olapprorimatell .03 acres: and WHEREAS. the Propen)'borders the Citl of Chanhassen Recreation Cenler: and WHEREAS, the Owner has no use for the Propenl and has proposed to donate the Propertl to the Cit)'; and WHEREAS, Owncr has executed a quit claim deed for the conveyance ofrhe Propenl to the Cit1. and the dccd uill be recorded upon adoption ofthis Resolution: and WHEREAS, thc proposed acquisition of the Propenl'has no relationship to the Cit)'s Comprehcnsive Plan: and WHEREAS, pursuanl to Minnesota Statutes Section 465.03. accepunce of a donation of real propertl shall bebl resolution of the Citl Council adopted b1 a tuo-thirds majorhl. :{OW THEREFORE. BE IT RESOLITD b1 the Citl Councilof the Citl olChanhassen. Minnesota that rhe donation ofthe Propenl is herebl approved and the Malor and Citl \4anager are authorized to erecutc an) documents to effecluate the ransfer ofthe Propenl. .{TTEST: {^r'e'".- E lse \an.a\orKimeu\\ rsscn.Citl Clerk YES Rl an McDonald Campion Rehm Schubcn \o RESOLUTIO:i NO: 2022{l WHEREAS, thc Citr desircs to accept the donation of the Propenl': and PASSED AND ADOFIED h1 the Chanhassen Cin Council this l0'h da! ol'Januar1. 3021. affi A BSE \T