Amendment to SPA - Recorded 0 CAMPBELL KNUTSON
PROFESSIONAL ♦ ASSOC I AT I O N
June 22, 2022
Elliott B. Knetsch
Joel J.Jamnik
Andrea McDowell Poehler Ms. Sharmeen Al-Jaff, Senior Planner
Soren M.Mattick c/o City of Chanhassen
David S.Kendall 7700 Market Boulevard
Henry A. Schaeffer,III
Alina Schwartz P.O. Box 147
James J.Monge,III Chanhassen, MN 55317
Jerome M. Porter
Leah C.M. Koch Re: Chanhassen/Dakota Retail, LLLP
Meagan K. Kelley
Benjamin J. Colburn
Jared D. Shepherd Dear Ms. Al-Jaff:
Thomas J. Campbell* Enclosed please find the following the Amendment to Site Plan Agreement 2014-
Roger N. Knutson* 11 with Dakota Retail' LLLP. This document was erecorded pm May 18, 2022 as
*Retired
Carver County document number A746600. A copy of this recorded document was
previously emailed to you on May 18, 2022.
Thank you.
Very truly yours,
CAMPBELL KNUTSON,P.A.
/ ,
Jean . son, Legal Assistant
/jmo
Enclosure
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 55121
Main:651-452-5000
Fax:651-2 34-6237
«-ct-tV.ck-Iaw.com
220962v2
Document Number: A746600
Filed and/or Recorded on
May 18, 2022 2:03 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy DL
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: City of Chanhassen
Pages: 7
CITY OF CHANHASSEN
AMENDMENT 1'O SITE PLAN AGREEMENT 2014-11
SPECIAL PROVISIONS
THIS AMENDMENT TO SITE PLAN AGREEMENT (the "Amendment") dated April
25, 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the
"City"), and Dakota Retail, LLLP, a Minnesota Limited liability limited partnership (the
"Developer'].
WHEREAS, the City and Chanhassen Dakota Retail One, LLC ("Original Developer"),
entered into a Site Plan Agreement, dated November 21, 2014, and recorded in the Office of
Carver County November 24, 2014, as Document No.A602480 ("Agreement") for the property
legally described in Exhibit A attached hereto and incorporated herein ("Property");
WHEREAS, the Developer is the successor to the Original Developer in title to the
Property;
WHEREAS, Developer is requesting an amendment to the Site Plan Agreement to
reconfigure the parking lot and traffic circulation for the Property;
WHEREAS, the reconfiguration of the parking lot and traffic circulation requires
approval of revisions to the private storm water utility on the Property and a storm water
maintenance agreement.
NOW,THEREFORE,the parties agree as follows:
1. Request for Site Plan Amendment.The Developer has asked the City to approve an
amendment to the Agreement for reconfiguring the parking lot and traffic circulation serving an
8,000 square-foot multi-tenant building (Dakota Retail), Planning Case 2014-11 (referred to in
this Site Plan Agreement as the "Project").
2. Conditions of Site Plan Approval. The City hereby approves the amendment to the
site plan on condition that the Developer enters into this Amendment.
3. Development Plans. Section 3 of the Agreement is hereby amended to add the
following plans:
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Plan A: (C000) Cover Sheet dated April 15,2022,prepared by Kimley Horn.
Plan B: (C100) General notes dated April 15,2022,prepared by Kimley Horn.
Plan C: (C300)Demo&Erosion Control Plan Phase 1 dated April 15,2022,prepared by Kimley Horn.
Plan D: (C302)Erosion and Sediment Control dated April 15,2022,prepared by Kimley Horn.
Plan E: (C400) Site Plan dated April 15,2022,prepared by Kimley Horn.
Plan F: (C401) Site Details dated April 15,2022,prepared by Kimley Horn.
Plan G: (C500)Grading and Erosion control Phase 2 dated April 15,2022,prepared by Kimley Horn.
Plan H: (C502)Grading Details dated April 15,2022,prepared by Kimley Horn.
Plan I: (C503)Grading Details dated April 15,2022,prepared by Kimley Horn.
Plan J: (C504)Grading Details dated April 15,2022,prepared by Kimley Horn.
Plan K: (L100)Landscaping Plan dated April 15,2022,prepared by Kimley Horn.
Plan L: (L101)Landscape Details dated April 15,2022,prepared by Kimley Horn.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31,2022. The Developer may,however,request an extension of time from the
City.
5. Notices. Paragraph 6 of the Agreement is amended to read as follows:
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 registered mail at the following
address:
Mr. Dario Klasic,Managing Partner
905 Jefferson Avenue
Unit 101 Saint Paul MN 55102
p: 651.356.6226
m: 612.214.2069
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
6. Other Special Conditions. The Property shall be constructed pursuant to this
Amendment, subject to the following conditions:
SP-2
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Environmental Resources Specialist Conditions
1. Existing trees to be preserved within the construction area shall be protected by tree fencing
installed with metal stakes at the edge of the driplines or as far away from the trunk as possible.
2. Autumn Blaze maple in parking lot landscape peninsula shall be changed to an ornamental such
as Japanese tree lilac.
3. Removal plan shows existing trees south of parking area to be removed, while landscape plan
shows 2 of them preserved. Submit corrected plans and show replacement trees if removed.
4. Remove one honeylocust from the boulevard along Lake Drive East to increase spacing between
trees
5. Add one crabapple to the area between the patio and the garbage/drive thru aisle.
6. Trees may not be located within the sight triangle at the street intersection. Replace with
pollinator friendly shrubs or perennials that do not exceed 2' in height.
7. Trees may not be located within 10' of any stormwater structures.
8. Remove one proposed Autumn Blaze maple along Lake Drive East to increase spacing between
trees.
Fire Marshal Conditions
I. Access into the site shall not be blocked at any time. Signage shall be posted at the entrance
into the site. The Developer shall submit a signage plan including location and wording to be
reviewed and approved by the Fire Marshal.
Engineering Conditions
1. All permanent storm water management Best Management Practices (RMP's) will be
required to have a private storm water Operation and Maintenance Agreement between
the City and the Developer, in accordance with the City's standard agreement; executed
and recorded against the property.
2. All revised site plan improvements, including storm water management, must meet the
City's,and all other State and local government,current rules and regulations.
Planning Conditions
1. A Certificate of Occupancy for 190 Lake Drive E. #110 will not be issued until the revised site
plan improvements are completed and an Operation and Maintenance Agreement has been
approved and recorded for the private storm water management BMP's.
7. Effect of Agreement. Except as otherwise specifically amended herein, the
Agreement shall remain in full force and effect. This Amendment shall be binding on the parties,
their heirs, successors and assigns and shall be recorded against the Property in the Carver County
Recorder's Office as promptly as possible after it has been executed by the parties.
SP-3
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a�`+11iiitii'„". .,, CITY OF CHANHASSEN
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.yam £It 't1
. .. BY:
' . - R 2,'' > . Elise Ryan, Mayor
AND: Vitmkte4t4kci-41-eir
�''�,... 3�.••` Laurie Hokkanen,City Manager
• ✓"�
STATE OF MINNESOTA )
)ss
COUNTY OF CARVER )The foregoing instrumentI
was acknowledged before me thi y of (I ,2022,by
AElise Ryan, Mayor, and by Laurie Hokkanen, City Manager,of the City of Chanh sen,a Minnesota
municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City
Council.
U.,. I : ‘ .‘ ,
OTARY PUBLIC
d" � KIM T. MEUWISSEN
0 a Notary Public-Minnesota my Commission Excises Jan 5
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DEVELOPER: Dakota Retail,LLLP
BY:
ario Klasic, Managing Partner
STATE OF MINNESOTA )
) ss
COUNTY OF RanYIS )
The foregoing instrument was acknowledged before me this 2.0 day of 24ff I I ,
2022, by Dario Klasic, Managing Partner, Dakota Retail, LLLP, a Minnesota limited liability
limited partnership,on behalf of the entity.
s_ KO VUE 1
r
lei'-: NOTARY PUBLIC�. MINNESOTA'A;.rY My CA____n Evian Jan.31,202E
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
SP-5
EXHIBIT A
Lot 1,Block 1,Dakota Retail,according the plat of record, Carver County,Minnesota
MORTGAGE HOLDER CONSENT
TO
AMENDMENT TO SITE PLAN AGREEMENT
HIAWATHA NATIONAL BANK, a (/J/5CA)ti44-0 13firy(, which holds a mortgage
and an assignment of rents(collectively"Mortgages") on the subject property,the development of
which is governed by the foregoing Amendment to Site Plan Agreement 2014-11 ("Site Plan"),
which mortgage is dated October 1,2021 and recorded November 22,2021 with the Carver County
Recorder as document number A737561; and which Assignment of Rents is dated October 1,2021
and recorded November 22,2021 with the Carver County Recorder as document number A737562,
agrees that the Site Plan and Amendment to Site Plan Agreement shall remain in full force and
effect even if it forecloses on its Mortgages.
Dated this day of , 2022.
HIAWATHA NATIONAL BANK
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Its /�/+i�;l 1(�Q LS ��✓T� [title]
•
STATE OF(A)(. e.".S )
)ss.
COUNTY OIc-5 LLo f)C )
The foregoing instrument was acknowledged before me this /'day of
2022, by ` .,042,( t , the VL/VAw`CL 9)tr_L '—[l f
Hiawatha National Bank, a / tnji5dauS7A1 M--Yv j. , on be a11I f of'the entity.
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Notary Pub c `Cx Cti.V10 A XX.I
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DRAFTED BY: 'U'.k . ACIB L\C' ' 2
CAMPBELL,KNUTSON %9>� • '0���•`
Professional Association ''% QF W I S .%`�
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000