VII.1. Vista 44 Planned Unit Development (PUD) Agreement; LindahlMEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: January 19, 2021
Subject: Vista 44 Planned Unit Development (PUD) Agreement
Proposed Action
Move to approve the Vista 44 Planned Unit Development Agreement and authorize the Mayor and
City Manager to enter into this agreement.
Overview
The petitioner, Beacon Interfaith Housing Collaborative (Vista 44 Housing Limited Partnership) on
behalf of the property owner, the Parish of St. Gabriel the Archangel of Hopkins (St. Joseph’s
Church), requests approval and execution of the Vista 44 Planned Unit Development agreement.
The agreement represents that final step in approving the rezoning of this site which was
conditionally approved by the City Council under Resolution 2019-101 and Ordinance 2019-1144
(attached) on December 17, 2019. The extended time since the original conditional approval was
necessary for Beacon to secure its finance for the project and be positioned to finalize the purchase
of the subject property.
The purpose of a planned unit development is to allow flexibility from traditional development
standards in return for a higher quality development. Typically, the City looks for a developer to
exceed other zoning standards, building code requirements or meet other goals of the
Comprehensive Plan. In this case, the applicant requests deviation from the maximum front (east)
side setback from 5 to 7 feet, exterior building materials, floor to area ratio from 3.0 to 1.73, façade
articulation and underground parking from 50 to 46 stalls. In exchange, the development will
provide an additional 21 long-term (total of 46) and 13 short-term (total of 16) bicycle parking stalls
beyond the ordinance requirement, incorporate public art into the building’s façade next to the front
door and wrapped it around the on-site electrical transformer box; and install a 10 kilowatt rooftop
solar system providing a cleaner and more affordable energy source for the building’s residents. In
addition, the applicant will provide supportive services to its residents as long as the property
remains affordable housing. City staff and the City Attorney has worked with the applicant and
their attorney to prepare the PUD agreement in conformance with these terms and recommends
approval.
Attachments
• Vista 44 Planned Unit Development Agreement
• Resolution 2019-101
• Ordinance 2019-1144
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VISTA 44 PLANNED UNIT DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made this ___ day of
_______________, 2021, by and between the CITY OF HOPKINS, a Minnesota municipal
corporation, (the “City”), and Vista 44 Housing Limited Partnership, a Minnesota limited partnership
(the “Developer”).
Recitals
A. The Developer owns certain real estate located in the City of Hopkins, Hennepin
County, Minnesota, legally described as
(See Exhibit A)
(the “Property”).
B. The City conditionally approved a rezoning of the Property to Mixed Use/Planned
Unit Development, per Ordinance 2019-1144 (the “Rezoning Ordinance”), adopted by the City
Council on December 17, 2019, which is incorporated into this Agreement as if fully set forth herein.
C. The City also conditionally approved the planned unit development site plan related
to the Property (the “Site Plan”), per Resolution 2019-090 (the “Site Plan Resolution”), adopted by
the City Council on December 3, 2019, which is incorporated into this Agreement as if fully set forth
herein.
D. On February 4, 2020, the City also conditionally approved an administrative
subdivision to effectuate a lot split to separate the Property from a larger parent parcel (the
“Administrative Subdivision”), which is incorporated into this Agreement as if fully set forth herein.
E. On January 19, 2021, per Ordinance 2020-1162 (the “Vacation Ordinance”), the City
also conditionally approved the vacation of that certain utility easement in favor of the City of
Hopkins, as reserved in Resolution No. 1613 filed September 20, 1967 as Document Number
3676546 (Abstract) and filed October 11, 1967 as Document Number 890094 (Torrens), and also as
reserved in Ordinance No. 284 filed January 26, 1968 as Document Number 3699977 (Abstract),
which lies within the vacated North-South alley in Block 8, West Minneapolis, lying between a line
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extended across said vacated alley from the Northwesterly corner of Lot 7 to the Northeasterly corner
of Lot 25 and a second line from the Southwesterly corner of Lot 16 to the Southeasterly corner of
Lot 17, all in said Block 8, West Minneapolis, Hennepin County.
F. The Rezoning Ordinance, the Site Plan Resolution, the Administrative Subdivision,
and the Vacation Ordinance shall be referred to collectively in this Agreement as the “City
Approvals.”
G. As a condition of the City Approvals, the City required the Developer to enter into
this Agreement, and the parties hereto are willing to be bound by the terms and conditions provided
herein to facilitate the development of a four-story, 50-unit multi-family apartment complex on
the Property.
Agreement
In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed
as follows:
ARTICLE ONE
REPRESENTATIONS AND WARRANTIES
1.01. City Representations and Warranties. The City makes the following representations as the
basis for the undertakings on its part contained herein:
A. The City is a municipal corporation under the laws of Minnesota.
B. The City has the right, power, and authority to execute, deliver, and perform its
obligations under this Agreement.
1.02. Developer Representations and Warranties. The Developer makes the following
representations as the basis for the undertakings on its part contained herein:
A. The Developer is a Minnesota limited partnership, duly organized and in good
standing under the laws of Minnesota.
B. The Developer has the right, power, and authority to execute, deliver, and perform its
obligations under this Agreement. The Developer assures the City that the individuals who execute
this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and
to bind the Developer thereto.
C. The Developer is not in default under any lease, contract, or agreement to which it is
a party or by which it is bound which would affect its performance under this Agreement. The
Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order,
judgment, or decree which would prohibit the execution or performance of this Agreement by the
Developer or prohibit any of the transactions provided for in this Agreement.
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D. The Developer has complied with and will continue to comply with all applicable
federal, state and local statutes, laws, ordinances, and regulations including, without limitation, any
permits, licenses, and applicable zoning, environmental, or other laws, ordinances, or regulations
affecting the Property. The Developer is not aware of any pending or threatened claim of any such
violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees
that it has and shall at all times comply with each and every provision of the City’s subdivision,
zoning, and other related municipal code regulations.
E. There is no suit, action, arbitration, or legal, administrative, or other proceeding, or
governmental investigation pending or threatened against or affecting the Developer or the Property.
The Developer is not in default with respect to any order, writ, injunction, or decree of any federal,
state, local or foreign court, department, agency, or instrumentality.
F. None of the representations and warranties made by the Developer or made in any
exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its
behalf contains or will contain any untrue statement of material fact or omits any material fact, the
omission of which would be misleading.
1.03 Incorporation of Recitals, City Approvals, and Exhibits. The Recitals set forth in the
preamble to this Agreement, the City Approvals, and the Exhibits attached to this Agreement are
incorporated into this Agreement as if fully set forth herein.
ARTICLE TWO
ADDITIONAL PROVISIONS
2.01. Private Improvements. The Developer shall construct and install, at the Developer's
expense, the proposed four-story, 50-unit apartment complex identified as part of the approved site
plan for the project (the “Private Improvements”), according to the following terms and conditions:
A. Plans. The Developer shall construct the Private Improvements in accordance with
the City Approvals and the City-approved site plan and associated construction plans and
documentation (the “Plans”). The Plans are those that are on file with the City, prepared by
UrbanWorks Architecture LLC and dated _______________, 20___. No revisions to or deviations
from the Plans may occur unless first approved by the City in writing.
B. Easements. The Developer shall execute a sidewalk easement in the form attached
hereto as Exhibit B. Additionally, as required pursuant to the Administrative Subdivision, the
Developer shall execute any other easements deemed necessary from the standpoint of the city
engineer.
C. Permits. The Developer shall secure all required permits necessary for the Private
Improvements being constructed, and provide documentation to that effect to the City, and nothing
contained in this Agreement shall be deemed approval of or a substitute for any such permit.
2.02. Title Work/Consent/Attorney Review. The Developer shall provide a Commitment for a
Title Insurance Policy for the Property in the amount of $50,000 naming the City as the proposed
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insured over the Easement Area described in Exhibit B. The above-referenced title work shall identify
any other entity with a legal interest in the Property, including but not limited to any entity with a
mortgage interest, easement interest, etc. Prior to the recording of this Agreement or any documents
required herein with Hennepin County, the Developer agrees to provide the City with a signed consent
from any other entity with a legal interest in the Property, including but not limited to any entity with
a mortgage interest.
The above-required title insurance policy shall be subject to the review and approval of the City
Attorney to determine what entities must execute the documents to be recorded against the Property.
The Developer shall cause a policy to be issued consistent with the commitment for a title insurance
policy provided by the Developer and the requirements of the City Attorney and with an effective
date on when the documents will be recorded (the City will not issue any building permits or
certificates of occupancy until it is provided with said title insurance policy). Further, the Developer
shall provide the City with evidence, which sufficiency shall be determined by the City, in its sole
discretion, that all documents required to be recorded pursuant to this Agreement and by the City
Attorney are recorded and all conditions related to the City Approvals have been met prior to the City
processing or approving any building permits or other permits applicable to the development of the
Property. The City Approvals are subject to the Developer’s compliance with this section.
2.03. Additional Requirements. The Developer shall satisfy, complete and abide by all
requirements set forth in the City Approvals, the PUD Declaration (as hereinafter defined), and any
other adopted City ordinances and resolutions affecting the Property, all of which are incorporated
herein by reference as if fully set forth in this Agreement. In addition, the Developer shall adequately
address all items as may be directed by the City Attorney, the City Engineer or others with review
and approval authority for the City.
2.04. Zoning/PUD. Pursuant to the Rezoning Ordinance, the Property was rezoned to Mixed
Use/Planned Unit Development. In order to secure the benefits and advantages of the approved
planned unit development, as memorialized in the Rezoning Ordinance, the Developer shall be
required by the City to execute and record a Declaration of Covenants, Conditions and Restrictions
against the Property in the form attached hereto as Exhibit C (the “PUD Declaration”).
2.05. Permits. The Developer shall obtain any necessary permits from the Nine Mile Creek
Watershed District, the Minnesota Pollution Control Agency, the Minnesota Department of Natural
Resources, the Minnesota Department of Health, the Minnesota Department of Transportation, and
any other agency having jurisdiction over the Property before proceeding with construction.
2.06. Property Monumentation. The Developer agrees to provide sufficient property
monumentation (temporary) installed by or under the direction of a registered land surveyor to
ensure proper layout. The Developer further agrees to install all subdivision monumentation
(permanent) within one year from the date of recording of the Administrative Subdivision. At the
end of the one-year period, the Developer shall submit to the City written verification by a
registered land surveyor that the required monuments have been installed.
2.07. Park Dedication Fees/Dedications. Without limitation of any other obligation of the
Developer contained in this Agreement or set forth in federal, state, or local law, and in accordance
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with the PUD, the Developer agrees to provide the City with a payment in lieu of a park dedication
in the amount of $150,000, to be paid prior to the issuance of any building permit related to
construction of the Private Improvements.
2.08. Stormwater Management Requirements. As part of the Private Improvements, the
Developer (or future owners/developers of those parcels) shall be responsible for the construction,
operation, and maintenance of stormwater management facilities to achieve compliance with
applicable stormwater treatment requirements. The Developer (or future owners/developers) shall
be required to execute and record a stormwater declaration in favor of the Nine Mile Creek
Watershed District (“NMCWD”) and to the satisfaction of the NMCWD for those facilities
constructed as part of the Private Improvements. The purpose of the declaration is to ensure that
the Developer, and future developers/owners, maintains the stormwater facilities. The declaration
shall be recorded against the land within the plat and will run with the land. The Developer
acknowledges that i) the stormwater facilities will not be accepted by the City; and ii) the City
does not plan to maintain or pay for maintenance, repair or replacement of the stormwater facilities
and that the Developer will have responsibility for such work.
2.09. Financial Guarantee. As part of the Plans, the Developer has agreed to construct a public
sidewalk, streetlights, and private landscaping (collectively, the “Secured Improvements”), all of
which require a financial security to ensure that they are duly constructed together with the Private
Improvements. Prior to the issuance of any building permits, the Developer agrees to provide a
letter of credit (“Letter of Credit”) to the City in the amount of $264,313.50, which represents 150
percent of the estimated cost of the Secured Improvements. The Letter of Credit shall be delivered
to the City prior to beginning any work on the Private Improvements and shall renew automatically
thereafter or be replaced with a new letter of credit 60 days prior to the expiration thereof until
released by the City. The Letter of Credit shall be issued by a bank determined by the City to be
solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall
allow the City to draw upon the instrument, in whole or part, in order to complete construction of
any or all of the Secured Improvements and to pay any fees or costs owed to the City and otherwise
unpaid by the Developer. It is the intention of the parties that the City at all times have available
to it a Letter of Credit in an amount adequate to ensure completion of all obligations of the
Developer under this Agreement. If at any time the City reasonably determines that the bank
issuing the Letter of Credit no longer satisfies the City’s requirements regarding solvency and
creditworthiness, the City shall notify the Developer and the Developer shall provide to the City
within 30 days a substitute letter of credit from another bank meeting the City’s requirements. If
within 30 days of notice the Developer fails to provide the City with a substitute letter of credit
from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit.
The City may draw on the Letter of Credit, after written notice, to complete work related
to the Secured Improvements not performed by the Developer, to reimburse itself for costs not
duly reimbursed as required under this Agreement, or to otherwise fulfill the obligations of the
Developer under this Agreement. In the event that the Letter of Credit is found to be deficient in
amount to pay or reimburse the City in total as required herein, the Developer agrees that upon
being billed by the City, it will pay within 30 days of the mailing of said billing, the said deficient
amount. If there should be an overage in the amount of the utilized Letter of Credit, the City will,
upon making said determination, refund to the Developer any monies, without interest, which the
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City has in its possession which are in excess of the actual costs owed to the City hereunder.
In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed
against Developer by others and is not dismissed within 60 days, or in the event a court appoints a
receiver for the Developer, the City may draw on the Letter of Credit in its full amount to secure its
surety position. The City shall then release the remainder of said Letter of Credit to the bankruptcy
court or receiver in the same manner that it would be required to release the Letter of Credit under
this Agreement.
When reasonably prudent, the Developer may request of the City that the Letter of Credit
be proportionately reduced for portions of completed obligations herein. All such reductions shall
be at the sole discretion of the City. The costs incurred by the City in processing any reduction
request shall be billed to the Developer and paid to the City within 30 days of billing.
2.10. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding:
(i) preparing and administering this Agreement and all other documents, permits, and applications
related thereto; (ii) processing the approvals relating to the development of the Property; (iii) any
other cost expressly required under this Agreement. In addition to and without limitation of the
foregoing, the costs to be reimbursed by the Developer to the City shall include, but not be limited to,
attorneys’ fees, engineering fees, inspection fees, and the costs and fees of other technical and
professional assistance (including but not limited to the cost of City staff time) incurred or expended
by the City on activities arising out of this Agreement, and other undertakings related thereto. The
Developer shall, upon execution of this Agreement, deposit with the City the amount of $10,000 to
be applied to payment of the costs described in this section 2.10, provided that if such costs exceed
this amount, the Developer shall, upon demand by the City, pay such additional costs to the City
within 15 days of such demand, and provided further that the amount by which this deposit exceeds
the City’s actual costs, if any, shall be returned to the Developer.
In the event the City does not recover its costs under the provisions of this section 2.10, as an
additional remedy, the City may, at its option, assess the Property in the manner provided by
Minnesota Statutes, chapter 429, and the Developer hereby consents to the levy of such special
assessments without notice or hearing and waives its rights to appeal such assessments pursuant to
Minnesota Statutes, section 429.081, provided the amount levied, together with the funds deposited
with the City under this section, does not exceed the expenses actually incurred by the City. Further,
the City may, at its option, as an additional remedy, recover expenses actually incurred by the City,
in the manner provided by Minnesota Statutes, sections 415.01, 366.011 and 366.012, and the
Developer hereby consents to the levy of such assessments without notice or hearing and waives its
rights to appeal such assessments pursuant to such Minnesota Statutes, provided the amount levied,
together with the funds deposited with the City under this section 2.10, does not exceed the expenses
actually incurred by the City pursuant to this Agreement.
This section 2.10 shall survive termination of this Agreement and shall be binding on the
Developer regardless of the enforceability of any other provision of this Agreement.
2.11. Attorneys’ Fees. The Developer agrees to pay the City’s reasonable costs and expenses,
including attorneys’ fees, in the event a suit or action is brought by the City against the Developer to
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enforce the terms of this Agreement.
2.12. Amendment. Any amendment to this Agreement must be in writing and signed by both parties.
2.13. Assignment. The Developer may not assign any of its obligations under this Agreement
without the prior written consent of the City.
2.14. Agreement to Run with Land. This Agreement shall be recorded among the land records of
Hennepin County, Minnesota. The provisions of this Agreement shall run with the Property and be
binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing,
no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full
performance of this Agreement unless the City expressly so releases the Developer in writing.
2.15. Representatives Not Individually Liable. No official, agent, or employee of the City shall be
personally liable to the Developer, or any successor in interest, in the event of any default or breach
by the City on any obligation or term of this Agreement.
2.16. Notices and Demands. Any notice, demand, or other communication under this Agreement
by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or
certified mail, postage prepaid, return receipt requested, or delivered personally:
(a) as to the Developer: Vista 44 Housing Limited Partnership
2610 University Avenue West, Suite 100
St. Paul, MN 55114
Attn: Lee Bons
with a copy to: Bridget A. Hust
Hust Law Firm, PLLC
1900 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402
(b) as to the City: City of Hopkins
1010 1st Street South
Hopkins, MN 55343
Attn: City Manager
with a copy to: Scott J. Riggs, City Attorney
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
or at such other address with respect to either such party as that party may, from time to time, designate
in writing and forward to the other as provided in this section 2.16.
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2.17. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this
Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer
or by any third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Developer.
2.18. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall constitute one and the same instrument.
2.19. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising
out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to
this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
2.20. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
officials, agents, and employees shall not be liable or responsible in any manner to the Developer, the
Developer’s successors or assigns, the Developer’s contractors or subcontractors, material suppliers,
laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any
kind or character arising out of or by reason of the execution of this Agreement or the performance
of this Agreement. The Developer, and the Developer’s successors or assigns, agree to protect, defend
and save the City, and its officials, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the same,
including but not limited to, attorneys’ fees, consulting engineering services, and other technical,
administrative, or professional assistance. Nothing in this Agreement shall constitute a waiver or
limitation of any immunity or limitation on liability to which the City is entitled under Minnesota
Statutes, chapter 466 or otherwise.
This section 2.20 shall survive termination of this Agreement and shall be binding on the
Developer regardless of the enforceability of any other provision of this Agreement.
2.21. Developer’s Default. In the event of default by the Developer as to any work or undertaking
required by this Agreement, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City. This Agreement is a license for
the City to act, and it shall not be necessary for the City to seek an order from any court for
permission to enter the Property for such purposes. If the City does any such work, the City may,
in addition to its other remedies, levy special assessments against the lots within the subdivision
to recover the costs thereof. For this purpose, the Developer, for itself and its successors and
assigns, expressly waives any and all procedural and substantive objections to the special
assessments, including, but not limited to, hearing requirements and any claim that the assessments
exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns,
also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081.
2.22. Compliance with Existing Laws. The Developer warrants that all work performed pursuant
to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations,
standards, and specifications of the City.
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2.23. Building Permits. The City Approvals and this Agreement do not include approval of a
building permit for any structures on the Property. The Developer must submit and the City must
approve building plans prior to an application for a building permit for a structure on the Property.
The Developer or the parties applying for the building permit shall be responsible for payment of
the customary fees associated with the building permits and other deferred fees as specified in this
Agreement.
2.24. City’s Access. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform any work and inspections
deemed appropriate by the City related to the Secured Improvements.
2.25. Miscellaneous Provisions.
A. The Developer represents to the City that the development of the Property complies
with all city, county, state, and federal laws and regulations including, but not limited to:
subdivision ordinances, zoning ordinances and environmental regulations. If the City determines
that the development of the Property does not comply, the City may, at its option, refuse to allow
construction or development work on the Property until the Developer does comply. Upon the
City’s demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits, including lots sold to third parties.
D. Wherever possible, each provision of this Agreement and each related document shall
be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related
document is to any extent found invalid by a court or other governmental entity of competent
jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without
invalidating the remainder of such provision or the remaining provisions of this Agreement or any
other related document.
E. If building permits are issued prior to the completion and acceptance of public
improvements, if any, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the City, the
Developer, its contractors, subcontractors, material men, employees, agents, or third parties.
F. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a
breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement,
term, or condition, nor does it imply that such covenant, agreement, term, or condition may be
waived again. 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 and
signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
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G. Each right, power, or remedy herein conferred upon the City is cumulative and in
addition to every other right, power, or remedy, express or implied, now or hereafter arising,
available to the City, at law or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so exciting may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power, or remedy.
H. This Agreement, together with the exhibits hereto, which are incorporated by
reference, constitutes the complete and exclusive statement of all mutual understandings between the
parties with respect to this Agreement, superseding all prior or contemporaneous proposals,
communications, and understandings, whether oral or written, pertaining to the subject matter of this
Agreement.
I. No official, agent, or employee of the City shall be personally liable to the
Developer, or any successor in interest, in the event of any default or breach by the City on any
obligation or term of this Agreement.
J. Data provided to the Developer or received from the Developer under this
Agreement shall be administered in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13.
[The remainder of this page to remain intentionally blank].
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IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on
the date and year written above.
THE CITY:
By: ____________________________________
Jason Gadd
Mayor
By: ____________________________________
Michael Mornson
City Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ________________,
20___, by Jason Gadd and Michael Mornson, the Mayor and City Manager, respectively, of the City
of Hopkins, a Minnesota municipal corporation, on behalf of the City.
____________________________________
Notary Public
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THE DEVELOPER:
Vista 44 Housing Limited Partnership
By: Vista 44 LLC
By: ___________________________________
Lee Blons
Its: President
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this __ day of ________________,
20___, by Lee Blons, the President ofVista 44 LLC, a Minnesota limited liability company, the
General Partner of Vista 44 Housing Limited Partnership, a Minnesota limited partnership, by and
on behalf of said Partnership.
__________________________________
Notary Public
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The land to which this Development Agreement applies is legally described as follows:
Lots 14, 15, 16, 17, 18 and 19, inclusive, Block 8, West Minneapolis, according to the recorded plat
thereof, Hennepin County, Minnesota, together with that part of the adjacent vacated alley that
accrued thereto by reason of the vacation thereof, and part of Lots 13 and 20, said West
Minneapolis, which lie southerly of the following described line:
Commencing at the southeast corner of said Lot 16; thence North 03 degrees 02 minutes 02
seconds East along the east line of said Block 8, a distance of 156.25 feet to the point of
beginning of the line to be described; thence North 86 degrees 52 minutes 42 seconds West
a distance of 264.42 feet to the west line of said Lot 20 and said line there terminating.
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EXHIBIT B
FORM OF SIDEWALK EASEMENT
GRANT OF PERMANENT SIDEWALK EASEMENT
Vista 44 Housing Limited Partnership, a Minnesota limited liability partnership (the
“Grantor”), the property owner of the land legally described on Exhibit A attached hereto and
incorporated herein (the “Property”), in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
grant unto the CITY OF HOPKINS, a Minnesota municipal corporation, the “grantee” (the “City”),
its successors and assigns, a perpetual, non-exclusive public easement for pedestrian sidewalk
purposes over, across, on, under, and through the Property legally described and depicted on Exhibit
"B" and Exhibit C” attached hereto and incorporated herein (the “Easement Area”).
INCLUDING the right of public ingress and egress and the right of the City, its contractors,
agents, and employees to enter the Property at all reasonable times for the purpose of constructing,
operating, maintaining, repairing and replacing a public sidewalk within the described Easement
Area. The easement granted herein also includes the right to cut, trim, or remove from the Easement
Area any tree, shrub or other vegetation that in the grantee’s judgment unreasonably interferes with
the easement.
The City shall not install any other permanent structures within the Easement Area that
would impede Grantor’s present access over and across the Easement Area. Grantor reserves the
right to use and enjoy the Easement Area, including ingress and egress, as long as Grantor does not
interfere with the City’s rights set forth herein.
The terms and conditions of this instrument shall run with the land and be binding on the
Grantor, its heirs, personal representatives, successors and assigns.
Grantor, for itself, its successors and assigns, does covenant with the City, its successors and
assigns, that it is well seized in fee title of the Property; that it has the sole right to grant and convey
the easements to the City; that there are no unrecorded interests in the Property; and that it will
indemnify and hold the City harmless for any breach of the foregoing covenants.
[signature page to follow]
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IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this ____ day
of _____________, 20___.
GRANTOR:
Vista 44 Housing Limited Partnership
By: Vista 44 LLC
By: _______________
Lee Blons
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________, 20__,
by Lee Blons, the President of Vista 44 LLC, a Minnesota limited liability company, the General
Partner of Vista 44 Housing Limited Partnership, a Minnesota limited partnership by and on behalf
of said Partnership.
_______________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Hust Law Firm, PLLC
1900 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lots 14, 15, 16, 17, 18 and 19, inclusive, Block 8, West Minneapolis, according to the recorded plat
thereof, Hennepin County, Minnesota, together with that part of the adjacent vacated alley that
accrued thereto by reason of the vacation thereof, and part of Lots 13 and 20, said West
Minneapolis, which lie southerly of the following described line:
Commencing at the southeast corner of said Lot 16; thence North 03 degrees 02 minutes 02
seconds East along the east line of said Block 8, a distance of 156.25 feet to the point of
beginning of the line to be described; thence North 86 degrees 52 minutes 42 seconds West
a distance of 264.42 feet to the west line of said Lot 20 and said line there terminating.
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EXHIBIT B
LEGAL DESCRIPTION OF THE EASEMENT AREA
The west 8.00 feet of the following described property:
Lots 17, 18 and 19, inclusive, Block 8, West Minneapolis, according to the recorded plat thereof,
Hennepin County, Minnesota, together with that part of the adjacent vacated alley that accrued
thereto by reason of the vacation thereof, and part of Lot 20, said West Minneapolis, which lies
southerly of the following described line:
Commencing at the southeast corner of said Lot 16; thence North 03 degrees 02 minutes
02 seconds East along the east line of said Block 8, a distance of 156.25 feet to the point
of beginning of the line to be described; thence North 86 degrees 52 minutes 42 seconds
West a distance of 264.42 feet to the west line of said Lot 20 and said line there
terminating.
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EXHIBIT C
DEPICTION OF THE EASEMENT AREA
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EXHIBIT C
FORM OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BEACON
INTERFAITH HOUSING PLANNED UNIT DEVELOPMENT AGREEMENT
THIS DECLARATION made this ___ day of ______________, 20__, by Vista 44 Housing
Limited Partnership, a Minnesota limited partnership (hereinafter referred to as the “Declarant”);
WHEREAS, Declarant is the owner of the real property as described below (hereinafter
referred to as the “Subject Property”):
Lots 14, 15, 16, 17, 18 and 19, inclusive, Block 8, West Minneapolis, according to the
recorded plat thereof, Hennepin County, Minnesota, together with that part of the
adjacent vacated alley that accrued thereto by reason of the vacation thereof, and part of
Lots 13 and 20, said West Minneapolis, which lie southerly of the following described
line:
Commencing at the southeast corner of said Lot 16; thence North 03 degrees 02
minutes 02 seconds East along the east line of said Block 8, a distance of 156.25 feet
to the point of beginning of the line to be described; thence North 86 degrees 52
minutes 42 seconds West a distance of 264.42 feet to the west line of said Lot 20 and
said line there terminating.
; and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the City of Hopkins, Minnesota ("City") in connection with the approval of an application
for a planned unit development for a four-story, 50-unit apartment complex on the Subject Property;
and
WHEREAS, the City has approved such development on the basis of the determination by
the City Council of the City that such development is acceptable only by reason of the details of the
development proposed and the unique land use characteristics of the proposed use of the Subject
Property; and that but for the details of the development proposed and the unique land use
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characteristics of such proposed use, the planned unit development would not have been approved;
and
WHEREAS, as a condition of approval of the planned unit development, the City has required
the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the
“Declaration”); and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, the Declarant desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. The use and development of the Subject Property shall conform to the following
documents, plans, drawings, and requirements:
a. Vista 44 Final PUD Plan (“Plans”), prepared by UrbanWorks Architecture
LLC and dated _______________, 20___, the sheets of which are specified on Attachment One
hereof. Original documents are on file with the City and are made a part hereof.
b. A 10-kilowatt rooftop solar system shall be required, as detailed in the Plans,
in order to provide a cleaner and more affordable energy source for the building and its residents.
c. 46 long-term and 16 short-term bicycle parking stalls, as detailed in the Plans,
shall be installed on the Subject Property.
d. Public artwork that is otherwise approved by the City shall be incorporated
into the building’s façade and near the front entrance of the development. Additionally, public artwork
that is otherwise approved by the City shall be wrapped around the on-site electrical transformer box
that is required as part of the Plans.
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e. The Subject Property must provide and maintain on-site supportive services
to the residents on a full-time basis and during regular business hours (the, “Supportive Service
Requirements). The supportive services may be provided by the fee owner or by one or more third-
party service providers engaged by the fee owner and must include, but not necessarily be limited to,
linkages to services necessary to maintain housing stability, live in the community, and lead
successful lives. In the event the necessary service funding, rental assistance or operating support
(collectively, the "Unit Subsidy") (i) is withdrawn or terminated due to reasons not attributable to the
actions or inactions of Declarant; (ii) the withdrawal or termination materially adversely impacts the
financial feasibility of the development; and (iii) alternative funding is unavailable, the Supportive
Service Requirements will be eliminated upon written evidence submitted by the Declarant to the
City.
2. The Subject Property may only be developed and used in accordance with Paragraph
1 of this Declaration unless the owner first secures approval by the City Council of an amendment to
the planned unit development plan or a rezoning to a zoning classification that permits such other
development and use.
3. In connection with the approval of development of the Subject Property, the following
deviations from City Zoning or Subdivision Code provisions were approved:
a. Section 543 Mixed Use District development standards:
Mixed Use District Development Standards and PUD Approved Deviations
Category Mixed Use District Approved Deviation for PUD
Front Setback (East) Minimum = 1’
Maximum = 5’ 7’
Floor to Area Ratio (FAR) Minimum = 3
Maximum = 5
1.73
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HP145-58-626430.v5
b. The Mixed Use District further requires the primary (80%) exterior treatment
of walls facing a public right-of–way or parking lot on a structure be brick, cast concrete, stone, marble
or other material similar in appearance and durability. If the Subject Property is otherwise developed
in accordance with this Declaration, it shall be deemed sufficient for the exterior brick treatment to
be no less than 44.8% on the north elevation, 56.5% on the south elevation, 74.6% on the east
elevation and 64% on the west elevation.
c. The Mixed Use District further requires a minimum of one enclosed parking
stall per unit and one guest stall per 15 units. Based on these standards, the Subject Property should
provide a total of 50 enclosed stalls and four surface stalls. However, if the Subject Property is
otherwise developed in accordance with this Declaration, 46 enclosed parking stalls and 12 surface
stalls shall be permitted.
d. The Mixed Use District further requires that the primary street side façade of
a building shall not consist of an unarticulated blank wall, flat front façades, or an unbroken series of
garage doors, and that the front of a building shall be broken up into individual bays of a minimum
of 25 feet and maximum of 40 feet wide. The building façade proposed and detailed in the Plans, as
referenced herein, shall be permitted.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the Paragraphs 1 and 2 of this Declaration and the City Code of Ordinances.
4. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, which successors
and assigns shall be jointly and severally responsible for obligations under this Declaration, by the
City of Hopkins acting through its City Council. This Declaration may be amended from time to time
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HP145-58-626430.v5
by a written amendment executed by the City and the owner or owners of the lot or lots to be affected
by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of
Declarant have hereunto set their hands and seals as of the day and year first above written.
DECLARANT
VISTA 44 HOUSING LIMITED PARTNERSHIP
By: Vista 44 LLC
By: _______________
Lee Blons
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________, 20__,
by Lee Blons, the President of Vista 44 LLC, a Minnesota limited liability company, the General
Partner of Vista 44 Housing Limited Partnership, a Minnesota limited partnership by and on behalf
of said partnership.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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HP145-58-626430.v5
Attachment One
The following documents prepared by UrbanWorks Architecture LLC, issue date
_______________, 20___, collectively constitute the Plans:
G001 Title Sheet
C100 Selective Demolition, Grading, Drainage, and Erosion Control Plan
C200 Utility Plan
C300 Paving and Geometric Plan
C400 Civil Details
C401 Civil Details
C402 Civil Details
C403 Civil Details
C500 Storm Water Pollution Prevention Plan
L010 General Notes
L011 Reference Notes and Plant Schedules
L110 Materials and Layout Plan
L140 Landscape Planting Plan
L500 Landscape Details
L501 Landscape Details
AL101 Architectural Landscape Plan
AL104 Shadow Study
A001 Sublevel Plan
A101 Level 1 Plan
A102 Level 2 Plan
A301 Building Elevations
A302 Building Elevations
A303 Color Building Elevations
A304 Color Building Elevations
A351 Building Axonometric View
A352 Building Perspective Views
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-101
A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2019-1144
REZONING CERTAIN REAL PROPERTY FROM R-5 HIGH DENSITY MULTIPLE
FAMILY TO MIXEDUSE— PLANNED UNIT DEVELOPMENT SUBJECT TO
CONDITIONS
WHEREAS, the applicant, Beacon Interfaith Housing Collaborative, on behalf of the
Parish of St.Gabriel the Archangel of Hopkins,Minnesota,initiated an application("Application")
requesting to rezone the real property legally described on Exhibit A attached hereto (the
Property") from R-5 High Density Multiple Family to Mixed Use — Planned Unit Development
to allow for the development of a 4-story, 50-unit multiple family apartment building; and
WHEREAS, in connection with the Application, the applicant also submitted a separate
application for a site plan for the planned unit development and an administrative subdivision
application; and
WHEREAS, the procedural history of the Application is as follows:
1. That the Application was initiated by the applicant on September 20, 2019.
2. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed
notice, held a public hearing on the Application and reviewed such Application on
October 22, 2019 in accordance with state and local laws: all persons present were
given an opportunity to be heard.
3. That comments and analysis of all persons present, including City staff, were
considered by the Hopkins Planning and Zoning Commission who, via Planning and
Zoning Resolution 2019-12, recommended approval of said Application following the
aforementioned public hearing; and
4. That the Hopkins City Council reviewed this item on November 4, 2019, took public
comment and adopted a motion to continue it to allow time for further review and
discuss; and
5. That the Hopkins City Council had further review and discussion of this item during
their November 26, 2019 work session and directed staff to bring this item back to the
City Council during the December 3, 2019 regular meeting; and
6. That the Hopkins City Council reviewed this item on December 3, 2019 took public
comment and adopted a motion to approve Resolution 2019-089 approving the first
reading of Ordinance 2019-1144 rezoning the subject property.
1
WHEREAS, City staff has also recommended approval of the Application based on the
findings outlined in City Council Report 2019-112 presented to the City Council on November 4,
November 26 and December 3, 2019, which is hereby fully incorporated into this Resolution as
additional findings of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins
the following:
1. All recitals set forth in this Resolution are incorporated into and made part of this
Resolution, and more specifically, constitute the express findings of the City Council.
2. Based on the findings contained herein which include the staff report referenced above,the
Application to rezone the Property to Mixed Use—Planned Unit Development to allow for
the proposed development is hereby approved, subject to the following conditions:
a. Execution by the applicant of a Planned Unit Development (PUD) Agreement that
meets all requirements of the City Attorney.
b. Approval of the associated site plan application for the 4-story, 50-unit multiple
family apartment complex and adherence to all related conditions.
c. Approval of the associated subdivision application separating the Property from its
current parcel and adherence to all related conditions.
d. Approval of the aforementioned multi-family development by the Nine Mile Creek
Watershed Disctrict and any other entity with jurisdiction over this matter and
adherence to all related conditions.
3. Upon each of the aforementioned conditions being met, City staff shall update the City's
official zoning map to reflect the rezoning of the Property memorialized herein.
Adopted by the City Council of the City of Hopkins this 17`' day of December, 2019.
r.
son add, Mayor
ATTEST:
G c,
Amy Domeier, City Clerk
2
EXHIBIT A
Le al Description of the Property
Lots 14, 15, 16, 17, 18 and 19, inclusive, Block 8, West Minneapolis, according to the recorded
plat thereof, Hennepin County, Minnesota, together with that part of the adjacent vacated alley
that accrued thereto by reason of the vacation thereof, and part of Lots 13 and 20, said West
Minneapolis, which lie southerly of the following described line:
Commencing at the southeast corner of said Lot 16; thence North 03 degrees 02 minutes 02
seconds East along the east line of said Block 8, a distance of 156.25 feet to the point of
beginning of the line to be described; thence North 86 degrees 52 minutes 42 seconds West a
distance of 264.42 feet to the west line of said Lot 20 and said line there terminating.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2019-1144
AN ORDINANCE REZONING CERTAIN REAL PROPERTY
FROM R-5 HIGH DENSITY MULTIPLE FAMILY TO MIXED
USE—PLANNED UNIT DEVELOPMENT
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
1. That the present zoning classification of R-5, High Density Multiple Family, upon the
following described premises is hereby repealed, and in lieu thereof, said premises are hereby
zoncd Mixed Use with a Planned Unit Development (PUD).
2. The legal description of the properties to be rezoned is as follows:
Lots 14, 15, 16, 17, 18 and 19,inclusive,Block 8,West Minneapolis,according to the recorded
plat thereof, Hennepin County,Minnesota,together with that part of the adjacent vacated alley
that accrued thereto by reason of the vacation thereof, and part of Lots 13 and 20, said West
Minneapolis, which lie southerly of the following described line:
Commencing at the southeast corner of said Lot 16; thencc North 03 degrees 02 minutes 02
seconds East along the east line of said Block 8, a distance of 15625 feet to the point of
beginning of the line to be described; thence North 86 degrees 52 minutes 42 seconds West a
distance of 264.42 feet to the west line of said Lot 20 and said line there terminating.
First Reading: December 3, 2019
Second Reading: Dccember 17, 2019
Date of Publication: December 26, 2019
Date Ordinance Takes Effect: December 26, 2019
ATTEST:ason Gadd, Mayor
Amy omeier, City Clerk
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