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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: S P-1 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 • 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 J • r5. a�`+11iiitii'„". .,, CITY OF CHANHASSEN 4 C � a : .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 S P-4 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 e L ' — print name] 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. \\ *%1L-(1 Notary Pub c `Cx Cti.V10 A XX.I 0\PNE KpS '' • pTA,9 * • * ; *= 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