Proof of Parking Agreement
PROOF OF PARKING AGREEMENT
THIS PROOF OF PARKING AGREEMENT (the “Agreement”) dated
, 2025, is entered into by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“City”), and Inland Development Partners, a Minnesota limited liability company, hereinafter
referred to as (“Developer”).
RECITALS
Developer has a under purchase contract for certain real property located in the City of Chanhassen, Carver County, Minnesota and legally described as:
Lot 1, Block 1, Avienda Apartments.
(the “Subject Property”).
Developer is proposing construction of a 412-unit multi-family apartment building on the Subject Property.
Pursuant to Section 20-1124.5 of the City Zoning Ordinance in and for the City of Chanhassen, 726 parking spaces are required on the Subject Property. The Developer is constructing 635
parking spaces on the Subject Property. The Developer is requesting deferment for 91 parking spaces.
Developer is conditioned to demonstrate that: (i) the proposed use of the Subject Property will have a parking demand less than the required parking under Section
20-1124.5 of the Zoning Ordinance and (ii) the Subject Property has sufficient property area under the same ownership to accommodate expansion of parking facilities to meet minimum requirements
of the Zoning Ordinance if the parking demand exceeds the actual on-site supply.
NOW, THEREFORE, in consideration of the recitals set forth above and the terms and conditions herein, Developer and the City agree as follows:
Parking shall only occur in areas designated and constructed for parking in accordance with the Zoning Ordinance.
Developer hereby unconditionally guarantees to City that it shall construct additional parking spaces upon the Subject Property in accordance with the Zoning Ordinance if the parking
demand for the Subject Property exceeds the actual on-site parking supply and that concrete curb and gutter must be installed at the time the additional spaces are striped for parking.
When the City, in its sole discretion, determines that the parking demand exceeds the number of constructed parking spaces, the City may terminate the parking deferment granted herein
and require Developer, upon written notice from the City, to construct 91 additional parking spaces, the construction of which has been deferred pursuant to this Agreement, and install
concrete curb and gutter at the time those additional 91 spaces are striped for parking. If the Developer fails to construct the 91 deferred parking spaces (including concrete curb
and gutter) within six (6) months after so requested by the City, the City may rescind the certificate of occupancy for the building located on the Subject Property.
4. Miscellaneous.
Third parties shall have no recourse against the City under this Agreement.
If any portion, section, subsection, sentence, clause, sentence, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed
by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be construed as a waiver
or release of any term or condition herein.
This Agreement shall run with the land and may be recorded against the title to the Subject Property.
Required notices shall be in writing and shall be either hand delivered to Inland Development Partners, its successors, and assigns, or mailed to 100 Lake Street West by certified mail
at the following address: 100 Lake Street West Suite 200, Wayzata MN 55391. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or
mailed by certified mail in care of the City Administrator at the following address: 770 Market Boulevard, Chanhassen MN 55317.
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CITY OF CHANHASSEN
BY: _________________________________
Elise Ryan, Mayor
AND: ______________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 20___, by Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
_________________________________
NOTARY PUBLIC
Developer:
Inland Development Partners
By:___________________________
Its: ___________________
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 20___ by ___________________, the designee for Inland Development Partners, a Minnesota limited
liability corporation, on behalf of said entity.
__________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100