CR 2004-084 PUD Agreement-Hopkins Honda
( CITY OF '\
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. May 28, 2004 HOPKINS Council Report 04~84
PUD AGREEMENT - HOPKINS HONDA
Proposed Action.
Staff recommends the following motion: Move to approve a PUD agreement to construct an
auto sales lot at 250 Fifth Street South.
With this action is it understood that staff is authorized to make minor changes that do not
impact the overall intent of this agreement.
Overview.
As part of the PUD overlay rezoning for 250 Fifth A venue South, a PUD/CUP agreement has
been drafted. The site is zoned Business Park and the rezoning will allow an auto use on this
site. The agreement outlines the terms and conditions for this specific development. If for
some reason this development does not take place or the auto use terminates in the future, the
site reverts to the base zoning of Business Park No one appeared at the neighborhood
.' meeting regarding this development.
Attached is a summary of the agreement prepared by Jerry Steiner. The PUD/CUP
agreement, as presented, was prepared by Jerry Steiner of the City Attorney's office.
Primary Issues to Consider.
. What will the PUD/CUP agreement allow to be constructed on the site?
. What are the specifics of the Eighth Avenue extension?
Supportine Documents.
. PUD/CUP Agreement Summary from Jerry Steiner
. PUD/CUP Agreement
Financial Impact: $_N/A_Budgeted: Y/N _ Source:
. Related Documents (CIP, ERP, etc.):
I Notes: I
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Page 2
. Primary Issues to Consider.
. What will the PUDIC UP agreement allow to be constructed on the site?
The PUD/CUP agreement will allow approximately an 88,000 square foot building to be
constructed on the site. The uses allowed on the site will be auto sales, service and body
repaIr.
. What are the specifics of the Eighth Avenue extension?
The Hennepin County board has now authorized their staff to negotiate an agreement with
the City of Hopkins for an easement across the HCRRA property to facilitate the extension of
Eighth Avenue from Excelsior Boulevard to the Luther property. There are a variety of
conditions that are attached to the County approval. These requirements will be incorporated
into the agreement that will be signed between the City and County concerning this matter.
Part of the PUD/development agreement with the Luther Group will assume all terms,
covenants, and stipulations of the easement agreement and are detailed in the easement
agreement executed between the City and Hennepin County concerning this improvement.
There are three stipulations required by the County as part of the approval for this easement
. that the City will be agreeing to that will not be assumed by the Luther Company. These are
Bullets 6, 7, and 8 on the attachment, and relate to the following:
. It will be agreed that any transit service that operates on the HCRRA right-of-way
will have priority over auto vehicle and pedestrian traffic using the right-of-way.
. The City will agree at a future date to provide an easement measuring 400 feet X 36
feet north of the HCRRA property, directly east of Eighth Avenue. This easement
would be provided at no cost. Attached is a map of this easement area.
. The City will agree to provide an access easement off of Excelsior Boulevard for a
future LRT transit stationlbus transference circulation area. This easement, again,
would be provided at no cost. ,
The specifics of all of the conditions relating to the Eighth Avenue easement will need to be
spelled out in a document and approved by the City Council.
Alternatives.
1. Approve the PUD agreement. By approving the PUD agreement, Hopkins Honda and the
City agree to the requirements of the overlay PUD zoning.
. 2. Deny the PUD agreement. By denying the PUD agreement, Hopkins Honda and the City
will not have an agreement for the PUD overlay zoning for the property at 250 Fifth
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Page 3
. A venue South. If the City Council considers this alternative, findings will have to be
identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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MILLER, STEINER & CURTISS, P.A.
. ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
JEREMY S. STEINER * 1011 FIRST STREET SOUTH JERRE A. MILLER (RETIRED)
WYNN CURTISS HOPKINS, MINNESOTA55343
· Real Property Law Specialist, certified 952-938-7635
by the Minnesota Stale Bar Association. FAX 952-938-7670
Writer's Direct Dial No. 952-938-6219
MEMORANDUM
DATE: May 25, 2004
TO: Jim Kerrigan
FROM: Jerry Steiner 1$>
RE: PUD/Development Agreement for Hopkins Honda Redevelopment of
Former Knox Lumber Property at 250 Fifth Avenue South
At your request, I am providing this Memo to outline the substantive terms ofthe proposed PUD/Development
Agreement ("PUD Agreement") between the Luther Company Limited Partnership ("Luther") and the City of
Hopkins for the redevelopment of the former Knox Lumber site at 250 Fifth A venue South. This property is
. located in a Business Park zoning district, which does not permit the proposed automobile dealership use by
Luther. Luther has applied to the City to approve planned unit development overlay zoning ("PUD Zoning")
for this site that would permit the automobile dealership use subject to the terms and conditions approved and
imposed by the City. Luther has also applied for a Conditional Use Permit allowing it to construct the
approximately 88,000 square foot automobile dealership facility (the "Project"). The PUD Agreement spells
out the terms and conditions imposed by the City as a condition of approval of the PUD Zoning and the
Conditional Use Permit. The substantive terms and conditions stated in the PUD Agreementare listed below:
1. Paragraphs 2 ,and 3 of the PUD Agreement require Luther to complete all of the demolition, grading,
drainage improvements, erosion control, landscaping, utility and roadway construction described in the
approved plans for the Project. The plans are listed at the end of Paragraph 3 of the PUD Agreement
and will be submitted to and approved by the City.
2. Paragraph 4 of the PUD Agreement specifically addresses the following road improvements that are
to be completed at Luther's expense:
a. Under Paragraph 4.A., Luther is to complete all of the work required to construct the access
drive crossing from the west entrance of the Project over the adjacent Hennepin County
Regional Railroad Authority ("HCRRA") right of way and City -owned property and connecting
to Hennepin County Road No.3. Paragraph 12.1. of the PUD Agreement, summarized in
Paragraph 6 of this Memo, also details certain requirements that are applicable to construction
. of this access road.
b Paragraph 4.B. of the PUD Agreement requires Luther to complete all of the intersection
improvements for the connection ofthe west access road to Hennepin County Road No.3, in
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compliance with the Traffic Study and Technical Memorandum prepared by Short Elliot
. Hendrickson, Inc. ("SEH"). In addition, Paragraph 4.B. gives the City the right to require
Luther to 'complete the northbound _and southbound right turn lanes at Fifth Avenue and
Hennepin County Road No.3, as depicted in the SEH Traffic Study and Technical
Memorandum, by notice given at any time on or before December 31, 2007. If, on or before
that date, the City notifies Luther ofthe City's determination that construction of either or both
of these right turn lanes is required,Luther has agreed to proceed with construction of the right
turn lane improvements during the next construction season.
3. Paragraphs 5-11 of the pun Agreement contain the standard development agreement provisions related
to procedures for completion of construction of the improvements described in Paragraphs 3 and 4 of
the PUD Agreement by Luther.
4. Paragraph 12.A. ofthe PUD Agreement specifies that the intent of and permitted uses under the PUD
Zoning for the Knox site are those described in the "Development Design Standards" in Exhibit B to
the PUD Agreement. The City Council's approval of the PUD Zoning and the PUD Agreement permit
Luther to 'construct and operate the automobile dealership Project only in accordance with the
Development Design Standards described in Exhibit B. Generally, those standards will allow the
construction and operation of a new car dealership, with used car sales as an accessory use, together
with the other related uses listed in Paragraph II of Exhibit B. Paragraph III of Exhibit B lists the
Design Standards for the automobile dealership building that must be complied with by Luther.
5. _ Paragraph 12.H. of the PUD Agreement requires Luther to grant the City permanent easements for all
. public streets, drainage and utility improvements located on the Project site.
6. Paragraph' 12.1. contains the terms and conditions for completion of the west access road ("Access
Road") connecting the Project to Hennepin County Road No.3. It provides the City will acquire an
easement from and enter into an Easement Agreement with the HCRRA permitting the Access Road
to be completed across the HCRRA right of way on the north side of the Project. Similarly to the CUP
Agreement between the City and Edco Products, this paragraph requires Luther to perform all of the
City's obligations under the Easement Agreement to be entered into with the HCRRA and to indemnify
the City from all costs, damages, liabilities and attorney's fees related to acquisition of the Easement
and construction of the Access Road over the HCRRA right of way. Paragraph 12.1. also provides that
the City will dedicate a public street for the Access Road between the north boundary line of the
HCRRA right of way and the south right-of-way line of Hennepin County Road No.3. However,
Luther is obligated to design, construct and complete the Access Road and all related grading,
landscaping, roadway and utility improvements. When the Access Road has been completed, the City
will assume responsibility for maintenance of that part of the Access Road located within the public
street established across the City-owned property. Luther will be solely responsible for maintenance
of the Access Road between its property line and the north line of the HCRRA right of way.
7. Paragraph 12.J. prohibits Luther from obstructing access from the Access Road across the Project to
Fifth A venue South unless Luther constructs a paved turnaround area on its property immediately south
ofthe Access Road large enough to permit snow plows and emergency vehicles to turn around. - Finally,
. Paragraph 12.J. also allows the City to require Luther to construct a gate across the Access Road north
ofthe HCRRA right of way restricting traffic during non-business hours for the automobile dealership.
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8. Paragraphs 13-22 of the PUD Agreement are the st~dard development agreement provisions related
. to security for Luther's performance of its obligations, enforcement of the City's rights un.der the PUD
Agreement, notices and other standard requirements..
I trust the information in this Memo will assist you in reviewing the PUD Agreement. You should, of course,
feel free to call me if you have any questions.
JSS
JSS/drs
Ene.
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. Draft Dated 5/25/04 CLEAN VERSION
Miller, Steiner & Curtiss, P.A.
PUD/DEVELOPMENT AGREEMENT
This PUD/Development Agreement (this "PUD Agreement") is made and executed this
day of , 2004, by The Luther Company Limited Partnership, a
Minnesota limited partnership, and Hopkins Real Estate, LLC, a Minnesota limited liability
.. company (collectively the "Developer"), and the City of Hopkins, a municipal corporation under the
laws of Minnesota ("City").
RECITALS
A. Developer is the fee owner of certain real property (the "Real Property") located in
the City of Hopkins, Hennepin County, State of Minnesota, legaUy described in Exhibit A attached
hereto and incorporate herein by reference.
B. The Developer has applied to the City to approve overlay rezoning for the Real
Property so that, in addition to its current zoning classification of Business Park, which shall remain
in effect, the Real Property shaU also have an overlay zoning classification of Planned Unit
Development. The Developer has also applied to the City for a Conditional Use Permit (the
"CUP") for the redevelopment ofthe Property by the construction of a fuU service automobile sales,
. repair and body shop facility containing approximately 88,000 square feet of space and related
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. parking and access improvements (the "Project"). The City has approved such overlay zoning and
the CUP, but upon and subject to the agreements, terms, covenants and conditions of this PUD
Agreement.
C. On ,2004, the City Council ofthe City adopted Ordinance
No. _ approving the overlay PUD zoning for the Real Property and Resolution 04-
" I
approving the CUP. As a condition of such approvals, the City has required Developer to execute
and record this PUD Agreement and to comply with and perform all of the agreements, terms,
covenants, conditions and restrictions hereof. Developer has agreed: I) to accept such agreements,
terms, covenants, conditions and restrictions, ii) to execute this PUD Agreement, and Hi) to record
this PUD Agreement as a servitude upon the title to the Real Property.
D. Section 565.02 of the Hopkins City Code provides the City may require the
. Developer to enter into a Development Contract stating the terms and conditions for the City's
approval. of the PUD overlay zoning. The City has required Developer to enter into this PUD
Agreement under the authority provided in said Ordinance.
NOW, THEREFORE, in consideration ofthe foregoing Recitals and the approval ofthe PUD .
overlay zoning for the Real Property:and the CUP, Developer agrees to the terms and conditions
stated in this PUD Agreement and declares that all of the Real Property shall be held, transferred,
leased, occupied, used, improved and developed subject to the following agreements, terms,
covenants, conditions and restrictions:
1. Recitals Incorporated.. The foregoing Recital Paragraphs A through D, are
incorporated in and made a part of this PUD Agreement in their entirety.
2. Development Improvements. Developer shall construct, install, complete and pay
. for the work, labor, materials, facilities and improvements required for the development of the
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. Project, including all of the facilities and improvements described in Plans identified in Paragraph
3 ofthis PUD Agreement and the facilities and improvements described in Paragraph 4 of this PUD
Agreement, all of which work, labor, materials, facilities and improvements are herein collectively
referred to as the "Improvements." .TheImprovements shall be completed in accordance with: i)
the Plans defined and identified in Paragraph 3 ofthis PUD Agreement; and ii) all ofthe other terms
of this PUD Agreement. Developer's obligation to construct, install andpay for the Improvements
shall include completion of and payment for any and all labor, skill, material, equipment and other
work required during the course of construction to complete the Improvements in compliance with
the requirements of this PUD Agreement.
3. Identification of and Compliance With Plans. The Real Property shall be
developed and the Improvements constructed and completed in accordance with the following plans
. which are herein collectively referred 'to as the "Plans". The Plans shall not be attached to this PUD
Agreement. If any of the Plans are designated as "Preliminary", such Plan( s) shall, subj ect to City
approval, be modified, at Developer's expense, after the date ofthis PUD Agreement to be suitable
for final construction purposes before'commencement of any ofthe work described or depicted in
the Plan in question or issuance of aibuilding permit for the work depicted in such Plan. At such
time as a preliminary Plan has been replaced by a final Plan approved by the City, all references in
this PUD Agreement to such Plan shall refer to the final Plan. In the event of any conflict or
inconsistency between the Plans and the provisions of this PUD Agreement, the provisions of the.
Plans shall control. The Plans are:
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. Description of Plan
Plan A Grading, Drainage Plan and Erosion Control Plan prepared by
, dated ,2004.
Plan B Landscape Plan prepared by ___~_______________, dated
,2004.
Plan C Utility Plans and Detail Sheet prepared by , dated
,2004.
Plan D Construction Plans for completion of roadway connecting the Real Property
to Hennepin County Road 3 prepared by , dated
,2004.
4. Additional Improvements. In addition to the facilities and Improvements depicted
in the Plans, Developer shall also construct, install and pay for the following facilities and
Improvements:
. A. All of the grading, roadway and utility construction, intersection improvements and
other work required to complete the roadway connecting the Real Property to Hennepin County
Road No.3 and crossing the Hennepin County Regional Railroad Authority Right-of-Way, as
depicted and described in Plan D identified in Paragraph 3 of this PUD Agreement. Plan D shall
depict and specify all ofthe roadway, utility, grading, landscaping and other work be completed by
Developer for the roadway access to Hennepin County Road No 3.
B. Reference is made to the Excelsior Boulevard/Fifth A venue South Traffic Study
prepared by Short Elliot Hendrickson, Inc., ("SEH") dated April 15,2004, ("Traffic Study") and to
the Technical Memorandum, dated May 7, 2004, prepared by SEH ("Technical Memorandum").
Developer shall promptly proceed with completion of the following work and improvements
recommended by the Traffic Study and the Technical Memorandum as part of the Improvements
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. described and defined in this PUD Agreement, namely: The Eighth A venue extension. and
intersection with Hennepin County Road No. 3 as described in the Traffic Study and Technical
Memorandum and. depicted in Figure No.3 to the Technical Memorandum, provided the City may
require Developer to complete the Eighth A venue extension and intersection improvements only if
the City has entered into the Easement Agreement described in Paragraph 12.1., of this PUD
Agreement. The Eighth Avenue extension and intersection improvements described in the
preceding sentence shall be completed atDeveloper's sole cost and expense, including all design
and engineering fees. The City shall be entitled to require Developer to complete certain future
traffic control, access and other improvements recommended by or described in the Traffic Study
or the Technical Memorandum at such time as they are determined to be necessary by the City in
accordance with the provisions ofthe Traffic Study and the Technical Memorandum. Those traffic
. control, access and other improveniehtsthat the City shall be entitled to require Developer to
complete in the future are:
(i) The northbound Fifth Avenue right turn lane at Hennepin County Road No.3 as
described in the Traffic Study and Technical Memorandum and depicted in Figure
No. 1 to the Technical Memorandum, and;
(ii) The southbound Fifth A venue right turn lane at Hennepin County Road No. 3 as
described in the Traffic Study and Technical Memorandum and depicted in Figure
No.2 to the Technical Memorandum.
At any time on or before December 31, 2007, ifthe City determines it is necessary to construct the
future improvements described abov:e~ the 'City shall notify Developer of such determination,..
specifying which of the future improvements described above are to be completed, and Developer
shall thereafter commence and complete such future improvements in accordance with plans therefor
to be prepared by Developer at Developer's expense. If the City gives Developer such notice to
. proceed with completion of the future improvement described above, before December 31 of any
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. year until and including December 31,2007, Developer shall complete the improvements designated
in the notice from the City by the end of the construction season during the following calendar year.
Developer agrees the City shall be entitled to require the Developer to complete either or both ofthe
future improvements described above by notice to Developer in any year until and including
December 31, 2007. All such future improvements shall be completed at Developer's sole cost and
expense, including all design and engineering fees.
5. C~nstruction Standards and Procedures. The Improvements shall be constructed
and installed in accordance with the final Plans, City standards, codes, regulations and ordinances.
All plans and specifications for the Improvements shall be prepared and certified by a registered
professional engineer or engineers, and shall be furnished to the City and approved by the City
Engineer prior to issuance of a Permit for the work depicted in such plans.
. In connection with the construction of the Improvements, Developer shall restore all City
streets, utilities and other public facilities and property disturbed or, damaged as a result of
Developer's construction activities to substantially the same condition as existed prior to
commencement of construction.
Within sixty (60) days after the completion ofthe Improvements, Developer shall supply the
City with the following relating to the Improvements: (a) a complete set of reproducible mylar as-
built plans, (b) two complete sets of utility tie sheets, (c) location stationing and swing ties of all
utility stubs, (d) benchmark network and (e) digital as-builts conforming with the following
requirements:
(i) Digital Files in Microstation DGN Format in NAn 83 Hennepin County Ground
Coordinates.
(ii) . All Cell Libraries and Line Styles shall be included.
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. (iii) Level structure shall conform to current Hopkins Level Structure.
6. License. Developer hereby grants the City, its agents, employees and inspectors a
license to enter the Real Property, as necessary, to perform all work and inspections deemed
appropriate by the City in conjunction with construction of the Improvements. Such license shall
terminate upon completion of the Improvements, as evidenced by final inspection and approval
thereof by the City Engineer and building official.
7. Improveme~ts to be Transferred to City. Upon completion of construction ofthe
Improvements, and final acceptance and approval of the Improvements by the City, all of the
Improvements located within or upon any public easements, including drainage and utility
easements, public streets or other rights-of-way or other City-owned land shall become the sole
property of the City. Those Improvements that are to become the sole property of the City as
. provided in the first sentence ofthis Paragraph 7 are herein referred to as the "City Improvements".
Developer shall transfer the City Improvements to the City free and clear of all liens and
encumbrances.
At such time as the City Improvements have been completed, representatives of Developer's
contractors, and a representative ofI?eveloper's Engineer will make a final inspection ofthe City
Improvements with the City Engineer. The City Engineer shall be entitled to review and approve
any punch list items or lists of incomplete or defective work comprising the City Improvements to
be submitted by Developer or its representatives to the contractor(s) responsible for completion of
the City Improvements to assure that the same are completed in accordance with the requirements
of this PUD Agreement. As a condition of its acceptance of title to any of the City Improvements,
the City shall receive from Developer written evidence, in form and content reasonably acceptable
. to the City, that Developer has caused all incomplete or defective work to be completed or corrected
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. and has made payment in full for ap wQrk comprising the City Improvements. Before the City
accepts title to the City Improvements, the City Engineer shall be reasonably satisfied that all ofthe
City Improvements have been completed in accordance with the Plans and the requirements ofthis
PUD Agreement and that Developer has made payment in full for all of the work comprising the
City Improvements. Final acceptanc~ of the City Improvements by the City shall be evidenced by
a resolution duly adopted by the City Council of the City, which approval shall be granted if
Developer is in full compliance with all of the tenns, conditions, agreements, and requirements of
this PUD Agreement.
8. Warranty. Developer warrants that all work comprising the City Improvements
shall be free from defective materials or faulty workmanship for a period of two (2) years after
acceptance of the City Improvements by the City as evidenced by a resolution duly adopted by the
. City Council, except that trees and landscaping plantings shall be warranted for twelve (12) months
from the date of planting. All work and materials comprising the City.Improvements which are
found to be defective within two years after acceptance thereof by the City (or twelve (12) months
from the date of planting in the case oflandscaping improvements) shall be repaired or replaced by
Developer at Developer's sole expense.
9. Reimbursement of Costs to City. Developer shall reimburse the Cityfor all out-of-
pocket costs incurred by the City in connection with the preparation, negotiation and execution of
this PUD Agreement, construction of the Improvements and the administration, perfonnance and
enforcement ofthis PUD Agreement. Such out-of-pocket costs to be reimbursed by Developer shall
include, but are not limited to, all fees due to consultants retained by City, whether incurred before
or after the date of this PUD Agreement, including, without limitation, traffic, development, fiscal,
. environmental, geotechnical, surveying, engineering, and legal services ofthe City Attorney, which
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c:Hopcivil\LutherPUD
. are to be reimbursed at the rate of$200.00 per hour. Such reimbursements from Developer shall be
due and payable within ten (10) business day of delivery of a copy of the invoice or statement
therefor to the Developer, and shall bear interest at the rate of one percent (1 %) per month, if not
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paid by Developer within thirty (30) days ofthe date the applicable invoice or statement has been
delivered to Developer.
10. Other Governmental Approvals. Developer shall obtain, all required approvals
and/or permits from the Minnesota Pollution Control Agency, Hennepin County, the Nine Mile
Creek Watershed District, Minnesota Department of Health, Metropolitan Council Environmental
Services Division and any other governmental authorities whose approval is required for the
construction ofthe Improvements and development ofthe Proiect on the Real Property. Developer
shall maintain all such required permits and comply therewith at all times.
. 11. Time of Performance. Developer shall commence construction of the
Improvements as soon as reasonably possible after execution ofthis PUn. Agreement by Developer
and the City and shall substantially complete construction of the Improvements within 24 months
of commencement of construction.
12. Additional Conditions and pun ZoniD\: Requirements. Developer agrees that the
Improvements shall be completed and the Real Property shall be developed, held, transferred,
occupied, used and improved subject to and in compliance with the following PUD zoning
requirements and additional terms and conditions:
A. The intent ofthe PUD overlay zoning, the permitted uses and design standards within
the PUD overlay zone shall be as described in the Development Design Standards attached to this
PUD Agreement as Exhibit B ("Development Design Standards"). The Project shall be constructed
. and operated only in accordance with the Development Design Standards. All other future uses of
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. the Real Property shall be in accordance and conformity with the underlying business park zoning
fof the Real Property.
B. Allstorm drainage and other related drainage facilities depicted in the Plans shall also
be constructed by Developer, at Developer's sole expense, in accordance with the terms and
conditions of this PUD Agreement and any additional terms and conditions required by the Nine
Mile Creek Watershed District.
C. The Developer will execute the required form of Access and Right-of-Entry
Agreement or similar agreement in favor of the City or the Nine Mile Creek Watershed District
relating to the maintenance and repair of storm drainage and storm water retention improvements
constructed on the Real Property that are>connected to the municipal storm sewer system. Such
Access and Right-of-Entry Agreement will be executed by the Developer, consented to by any lien
. holders, recorded as an encumbrance against the title to the Real Property and require Developer and
its successors and assigns to repair and maintain the storm drainage and storm water retention
improvements in perpetuity.
D. The Developer shall provide evidence of title to the Real Property and any property
over which public easements are to be obtained to the City. Such evidence of title shall be
acceptable to the City Attorney.
E. The Final Plans shall be acceptable to and approved by City Staff and shall
incorporate all comments and requirements identified in the , 2004, Memorandum.
from the Assistant City Engineer to ; and
F. No final Certificate of Occupancy shall be issued for the automobile dealership
building to be constructed upon the Real Property, until all of the Improvements, with the exception
. of the final lift of asphalt and any landscaping constituting a part of the Improvements, have been
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. substantially completed in compliance with the requirements ofthe Plans and this PUD Agreement.
G. As provided in Paragraph 3 of this PUD Agreement, all Plans, including any
preliminary or final plans, shall be submitted for approval by City Staff. If Developer proposes any
changes to the Plans, new or revised conditions for construction of Improvements may be imposed
upon Developer, based upon revisions to any Plans. All future plans must be signed by the
consultant preparing the same, and shall include revision dates.
H. Developer shall dedicate and/or transfer to the City permanent pub lic street, drainage
and utility easements as shown on the Grading, Drainage and Erosion control Plan (Plan A) or the
Utility Plans (Plan C). In addition to any street dedications or public drainage and utility easements
shown on the grading, drainage and. erosion control plan (Plan A) or the utility plans (Plan C),
Developer shall also transfer the following easements to the City: Developer shall grant the City
a foot wide permanent utility easement for the 66 inch underground storm sewer line
. crossing the easterly portion of the Real Property, the center line of which shall be the actual
location of such underground storm sewer line. Developer shall also grant the City a permanent
easement for public utility and drainage purposes over the 33 foot wide strip of land immediately
west of Fifth Avenue that is part of the Real Property owned by Developer. Such easements shall
be established by conveyance to the City from Developer.
I. In order to permit construction of the access road ("Access Road") connecting the
Real Property to Hennepin County Road No.3 and crossing the adjacent right-of-way owned by the
Hennepin County Regional Railroad Authority ("HCRRA"), the City has entered into or shall enter
into an Easement Agreement with the HCRRA (the "Easement Agreement"), which will grant the
City an easement to construct and maintain the Access Road (the "HCRRA Easement") and allow
. Developer and subsequent owners ofthe Real Property to use the HCRRA Easement for the purpose
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. of construction, maintenance and repair and use of the Access Road according to the terms of the
Easement Agreement. The HCRRA has approved the HCRRA Easement and agreed to grant the
same to the City upon the terms and c()J;1qitioJ;1s stated in Exhibit C-1 attached hereto. [OPTIONAL
PROVISION IF HeRRA EASEMENT IS COMPLETED PRIOR TO PUD AGREEMENT:
In addition copy of the Easement ,Agreement is attached hereto as Exhibit C-2. Developer
acknowledges it has reviewed, is familiar with and accepts all the terms, covenants and conditions
of the Easement Agreement.] Therefore, Developer agrees to assume, perform and comply with all
of the City's obligations stated in Exhibit C-1 and under the Easement Agreement, and to protect,
indemnify and hold the City harmless from and against any and all costs, expenses, liabilities,
obligations, undertakings, claims and damages arising out of or related to the HCRRA Easement and
the Easement Agreement, including reasonable attorney's fees and costs incurred by the City in any
. dispute related to the HCRRA Easement and the Easement Agreement. All of Developer's
undertakings, agreements and obligations to the City under this Paragraph 12.1. shall run with the
title to the Real Property and apply to .anq bind Developer and each and every subsequent owner of
any part of the Real Property and their respective successors and assigns, and shall operate as a
covenant passing with the title to the ~eal Property and any part thereof. At such time as Developer
no longer holds any interest in the fee title to any part of the Real Property, Developer shall be
released from its obligations to the City under this Paragraph 12.1, from and after the date Developer
no longer holds any part ofthe fee title to the Real Property, but not prior thereto. Each subsequent
.owner of the Real Property, by accepting a conveyance of all or any part of the title to the Real
Property, shall be deemed to have acknowledged such owners assumption of the obligations,
undertakings and agreements of the Developer stated in this Paragraph 12.1. If Developer or any
. subsequent owner ofthe Real Property fails to perform any of its obligations under this Paragraph
c:HopcivillLutherPUD - 12 -
,
. 12.1. or is otherwise obligated to protect, indemnify or hold the City harmless, all amounts due to
the City or any damages incurred byth~ 9ity may be specially assessed against the Real Property
as provided in Paragraph 15 ofthis PUDj\greement. Developer shall be solely responsible for and
shall, prior to issuance of a Certificate of.Occupancy for the Project, complete construction of the
Access Road, including, put not limited to all grading, landscaping, roadway and utility
improvements and other improvemen,ts to be constructed as provided in Paragraph 4.A. ofthis PUD
Agreement and depicted in the Plans. . Developer shall complete all construction and other activities
for the Access Road in full compliance with the tenns, covenants and conditions of this PUD
Agreement and the Easement Agreement at Developer's sole expense. The Access Road shall also
cross the City owned property lying north of the HCRRA right of way and south of Hennepin
County Road No.3 (the "City Property"). The City shall dedicate a public street over the City
. Property in the location where the Access Road shall be constructed and maintained. Developer
shall reimburse the City for all out of pocket costs incurred by the City in establishing a public street
over the City Property, including but not limited to, costs associated with tenninating any existing
easement rights over the City Property or preparing and filing right of way plat(s). Upon completion
of the Access Road by Developer anqacceptance thereof by the City, that portion of the Access
Road located within the public street.esblblished by the City shall become a public street and the
City shall maintain those portions of the Access Road located north of the common property line
between the City Property and the HCRRA right of way. Developer agrees Developer shall maintain.
all portions ofthe Access Road that a~e not located within the public street established by the City.
Such maintenance shall include but is not limited to, removal of snow and ice and resurfacing at all
times and at Developer's sole expense in good condition and state of repair, and Developer will
. affect all such future repairs or modifications to those portions of the Access Road that are not
c:Hopcivil\LutherPUD - 13-
. located within the public street established by the City as are reasonably required by the City.
However, if Developer is obligated to maintain any part of the Access Road, Developer shall be
entitled to negotiate an agreement apportioning maintenance costs for the Access Road between
Developer and any adjoining property owner sharing use of the Access Road and no provision of
this PUD Agreement is intended to be interpreted to excuse any such adjoining property owner from
its obligation to contribute to such maintenance costs. It is a condition of this PUD Agreement that
Developer maintain those portions of the Access Road not located within the public street
established by the City at all times incompliance with all applicable statutes, ordinances, rules and
regulations.
J. Developer agrees. that it shall not construct or erect any gate, barrier or other
impediment restricting the passage of vehicles from the Access Road onto the Real Property, and
. that Developer shall at all times allow unobstructed passage of vehicles across the Real Property
from the Access Road to Fifth A venue South. Alternatively, Developer may construct a paved turn
around area immediately south of thy Access Road in the location legally described in Exhibit D
attached hereto. Such paved turn around area shall be constructed at Developer's sole expense and
in accordance with plans and specifications approved by the City engineer and shall be designed to
allow sufficient paved area for turn around of snow plows and emergency vehicles. Upon
completion of construction of such paved turn around area, Developer shall no longer be required
to provide unrestricted access over the Real Property to Fifth A venue South, except for emergency.
vehicles and except that Developer shall. in no event impede or restrict access to the paved turn
around area. If Developer breaches ' any of Developer's undertakings or agreements under this
Paragraph 12.1, and such breach is not'cured after 30 days written notice from the City to Developer,
. the City shall be entitled to construct agate or barrier across the Access Road immediately north of
- 14-
c:Hopcivil\LutherPUD
,
. the HCRRA right of way preventing the passage of traffic across the Access Road to the Real
Property. In addition, the City shall be entitled, upon 30 days written notice to Developer, to require
Developer to construct a gate or barrier in the area north of the common property line between the
City Property and the HCRRA right of way restricting the passage of traffic from the Access Road
to the Real Property during non-business hours for the automobile dealership Project.
K. Part of the Real Property is legally described as Outlot A ("Outlot A"). Developer
agrees Outlot A may only be used as part of the Project and solely for the uses and purposes
described in the Plans and in the plans submitted to the City for approval of the CUP, and that
construction of any building or other permanent structure on Outlot A will not be permitted without
replatting Outlot A and complying with all applicable statutes, codes, ordinances and regulations
and the requirements ofthis PUD Agreement.
. L. The Plans must clearly state that the contractor(s) retained by Developer to construct
the Improvements will be responsible for all utility locates and Gopher State One call requirements.
M. Any request for closure of any City street by Developer must be accompanied by a
detailed traffic control and detour plan acceptable to City Staff.
N. Any soil retaining system installed by Developer within the right of way of any
public street must be temporary in nature and must be removed after completion of construction, all
at Developer's sole expense.
O. All parking lot lighting and street lighting to be installed by Developer must be .
shown on the final Plans. The design and location of such lighting must be approved by and
acceptable to City Staff.
P. The Developer shall otherwise comply with all conditions stated in City Council
. Resolutions R 04-_, R 04-_ and R04- _; and with the requirements of any applicable
- 15 -
c:Hopcivil\LutherPUD
. statutes, ordinances, codes or regulations, including the City's Engineering Guidelines.
13. Compliance With Other Requirements. Assi~nment by Developer. Termination.
Developer agrees that it shall complete the Improvements in compliance with this PUD Agreement,
the conditions listed in the City Counci~ Resolutions identified in Recital Paragraph C of this PUD
Agreement and the provisions of the. City's Code of Ordinances.
The tenns, conditions and restrictions established by this PUD Agreement shall run with the
title to the Real Property and apply to and bind the Developer and each and every subsequent owner
of any part of the Real Property or the Plat and their respective successors and assigns, and shall
operate as a covenant passing with the title to the Real Property, the Plat and any part thereof. All
of said tenns, conditions and restrictions are imposed upon the Real Property as a servitude in favor
of the City of Hopkins, Minnesota, for its benefit only. The Developer may assign its rights or
. obligations under this PUD Agreement to a subsequent owner of the Real Property in connection
with the transfer of title to the Real Property to such subsequent owner without the prior approval
of the City, provided such subsequent oWllerofthe Real Property assumes Developer's obligations
under this PUD Agreement'and, furthe(,provided, such assignment shall not relieve Developer of .
any obligation arising prior to the effective date of the assignment. Developer shall not otherwise
assign its rights or obligations under thisPl]D Agreement without the prior written approval of the
City.
The tenns, conditions and restrictions established by this PUD Agreement are perpetual in
duration except: a) upon satisfactory completion of the City Improvements in compliance with the
requirements of this POO Agreement, the City shall execute and deliver to Developer a certificate,
in recordable fonn, certifying as to/Developer's compliance with the provisions of this PUD
. Agreement applicable to construction ofithe City Improvements; and b) upon Developer's full
c:Hopcivil\LutherPUD - 16-
. compliance with the remaining agreements, warranties, terms, covenants, conditions and restrictions
ofthis PUD Agreement related to completion oflandscaping Improvements, the City shall execute
and deliver to Developer, upon written request by Developer, a Certificate, in recordable form,
certifying as to the Developer's compliance with such agreements, warranties, terms, covenants,
conditions and restrictions.
14. Security and Claims. To guaranty Developer's compliance with the terms of this
PUD Agreement, payment ofthe cost of all Improvements and completion of construction thereof,
Developer shall deliver to the City the following Letter(s) of Credit and/or surety bond( s)acceptable
to and in favor of the City (the "Security") issued by a bank or surety reasonably acceptable to the
City:
A. The Security for the landscaping improvements comprising a part of the
. Improvements, which shall include all landscaping to be installed by Developer within the HCRRA
right-of-way, shall be delivered to the City before the execution and release of the Plat by the City.
The amount of such Security for landscaping improvements shall be equal to 150 percent of the
estimated cost ofthe landscaping improvements, as established by a written estimate submitted by
Developer's landscaping contractor.
B. The Security for the remaining Improvements, other than landscaping improvements,
shall be delivered to the City before commencement of construction of such Improvements or
issuance of a permit by the City permitting commencement of such construction. The amount of
such Security for the remaining Improvements, other than landscaping improvements, shall equal
100 percent of the cost of the Improvements as established by: i) the actual cost of completion of
construction of such Improvements ,as stated in the written contracts or subcontracts for their
. construction and installation with the contractors or subcontractors retained by Developer or
c:Hopcivi1\LutherPUD 'i ~ 17 -
;
.
. Developer's general contractor (which written contracts or subcontracts shall be delivered to the
City), or ii) a written estimate from Developer's Engineer approved by the City Engineer.
The Security shall be conditioned upon Developer's completion of the Improvements for
which the Security is provided, performance of Developer' s warranty under Paragraph 8 ofthis PUD
Agreement including replacement of any defective or nonconfonning Improvements and payment
of the entire cost thereof, and the fonn and content ofthe Security shall be subject to the reasonable
approval ofthe City. Developer shall maintain the Security in effect for a term ending two (2) years
after the date on which Developer has substantially completed the Improvements and delivered
proof of payment therefore to the City (which latter date is herein referred to as the "Termination
Date"). Developer shall initially deliver to the City the original Security expiring no earlier than one
(1) year after the date of delivery of the original Security to the City. Thereafter, no later than thirty
. (30) days before the expiration of the,Sectirity, Developer shall deliver to the City original written
evidence, in form reasonably acceptable to the City, extending the term of the Security for
successive one (1) year periods, but in no event extending beyond the. Tennination Date. If
Developer fails to deliver such original written evidence of extension of the Security at least thirty
(30) days before expiration of the Security, Developer shall be deemed to be in default under this
PUD Agreement and the City may draw upon the Security. With City approval, upon receipt of
evidence acceptable to the City of payment of financial obligations related to the construction ofthe
Improvements, the Security may be reduced from time to time as financial obligations relating to .
the construction of the Improvements are paid, but in no case shall the Security be .reduced to an
amount less than forty percent (40%) of the cost of the City Improvements (such cost to be
determined in the manner specified in Subparagraph B of this Paragraph 14) until the Termination
. Date. Notwithstanding the provisions of the preceding sentence, the Security for the landscaping
- 18 -
c:Hopcivil\LutherPUD
. improvements comprising a part of the Improvements may not be reduced, and shall be maintained
at its original amount until one (1) year after completion of such landscaping improvements. The
City may draw upon or enforce the Security for any violation of the terms of this PUD Agreement
which is not cured within ten (10) business days after written notice to the Developer, provided, in
the event the default is such that it cannot be cured with reasonable diligence within ten (10)
business days, the City shall not draw upbn the Security so long as Developer is proceeding with all
due diligence to cure such default and such default is, in fact, cured within thirty (30) days after the
initial written notice of default to Developer. The amount of any draw by the City upon the Security
shall be limited to the amount necessary to complete the Improvements for which the Security was
provided plus the amount necessary t6 payor reimburse the City for any costs, expenses or damages
recoverable under Paragraph 15 ofthis PUD Agreement. If the Improvements (other than the final
. lift of asphalt) are not completed on , 200_, the City may also draw upon or
enforce the Security. If the Security is drawn upon, the draw shall be used to cure the default
(including completion ofthe Improvements by the City, provided the City shall have no obligation
to complete the Improvements) and mayals() be used to payor reimburse the City for any cost, .
expenses or damages recoverable under Paragraph 15 of this PUD Agreement. The Security shall
be released to Developer on the Termination Date. In the event the City receives notice of or claims
from laborers, materialmen or others contributing to the Improvements that any amounts due them
have not been paid when due, and such laborers, materialmen or others are seeking payment out of
the Security or intend to assert claims against the City, the Improvements or the real property on
which the Improvements haye been installed, and ifsuch claims are not fully resolved at least ninety
(90) days before the Security will expire, Developer hereby authorizes the City to commence an
. Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
c:Hopcivil\LutherPUD - 19-
.
. to draw upon the Security in an amount up to 125 percent of the claims and deposit the amount so
drawn with the District Court Administrator in compliance with said Rule 22, and, upon such
deposit, Developer shall release, discharge and dismiss the City from any further proceedings as it
pertains to the sums deposited with the District Court Administrator, except that the Court shall
retain jurisdiction to determine attorneys' fees. Developer agrees that it shall protect, indemnify and
hold the City and its agents, representatives and employees harmless from and against all costs,
damages and liabilities, including reasonable attorneys' fees and Court costs, resulting from or
incurred in connection with Developer's failure to comply with the terms, covenants, conditions and
requirements of this PUD Agreement.
15. Enforcement of pun A~reement. The terms, conditions, requirements and
restrictions established by this PUD Agreement shall be enforceable exclusively by the parties to
. thisPUD Agreement, and shall be enfor~eable by injunctive relief, prohibitive or mandatory, to
prevent the breach of or enforce performance or observance of the terms; conditions, requirements
and restrictions established by this Pup Agreement, or by any other available legal proceeding or
remedy, including, but not limited to:,.
a. Legal proceedings to recover, collect, payor reimburse the City for the cost of
completing construction of the Improvements.
b. All costs and expenses incurred by the City in curing any other default by Developer
in the performance of allY of the terms, covenants and conditions of this PUD
Agreement.
c. All reasonable costs, fees and expenses for engineering, legal and administrative
expenses incurred by the City in enforcing Developer's performance of this PUD
Agreement or the completion of construction of the Improvements.
d. Any other remedy or sanction provided by Minnesota Statutes or the Ordinances of
the City of Hopkins.
. The City agrees that it shall give Develop~r written notice and a reasonable opportunity to cure any
c:Hopcivil\LutherPUD ~ 20 ~
^'
. default by Developer in the performance of its obligations under this PUD Agreement before
\(
incurring third-party costs and expenses that are recoverable from Developer under Subparagraphs
a-d of this Paragraph 15, provided Developer shall proceed with all due diligence to cure any such
default and, in no event, shall the time for Developer to cure a default exceed thirty (30) days after
delivery of Notice of Default to Developer. If Developer fails to pay any amount due to the City
under this PUD Agreement after thirty (30) days' written notice to Developer demanding such
payment, Developer agrees the City shall be entitled to levy a special assessment against the Real
Property in the amount stated in the Notice to Developer in accordance with Minn. Stat. Chapter
429, and Developer waives all objections to or appeals of the final amount of such special
assessment levied against the Real Property. Developer acknowledges that the rights of the City to
enforce performance of the terms, conditions, requirements and restrictions established by this PUD
. Agreement are special, unique, and of an extraordinary character and that, in the event Developer
violates Or fails or refuses to perform any term, condition or restriction established by this PUD
Agreement, the City shall have no adequate remedy at law. Developer agrees, therefore, that in the
event Developer violates any term, condition or restriction established by this PUD Agreement, the
City, may, at its option, initiate and prosecute an action to specifically enforce the performance of
the terms, conditions and restrictions established by this PUD Agreement. No remedy specified in
this PUD Agreement is intended to be exclusive, and each remedy shall be cumulative, and in
addition to each and every other remedy. Failure of the City to enforce any ofthe terms, conditions
and restrictions established by this pun Agreement in any particular instance shaU in no event be
deemed to be a waiver of the right to do so as to any subsequent violation. Developer agrees that
Developer shall pay the City's reasonable attorneys' fees and expenses incurred in the enforcement
. of the terms, conditions and restrictions of this PUD Agreement.
.,. 21 -
c:Hopcivil\LutherPUD
.
16. Notices. Any notice, request or other communication required or provided to be
. given under this Pun Agreement shall be in writing and shall be deemed to be duly given when
delivered personally to an officer or general partner of Developer or to the City Manager ofthe City
or when mailed by first class United States Mail, postage prepaid, addressed as follows:
To Developer: The Luther Company Limited Partnership
Hopkins Real Estate, LLC
701 Xenia Avenue South, Suite 220
Golden Valley, MN 55416
To City: City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attention: City Manager
or to such other address as either party, by notice given as herein provided, shall designate. Mailed
notice shall be conclusively deemed to have been given two (2) business days after the date of
. mailing.
17. Severability. Invalidation of any ofthe terms, conditions, provisions or restrictions
of this Pun Agreement, whether by Court Order or otherwise, shall in no way affect any ofthe other
terms, conditions, provisions and restrictions, all of which shall remain in full force and effect.
18. Headin1:s. The headings and captions at the beginnings of paragraphs of this pun
Agreement are for convenience of reference only and shall not influence its construction.
19. Execution of Counterparts. This pun Agreement may be simultaneously executed
in several counterparts, each of which shall be an original, and all of which shall constitute one and
the same instrument.
20. Construction. This pun Agreement shall be construed and enforced in accordance
withthe laws ofthe State of Minnesota.
21. Evidence of Title and Recordation of pun A1:reement. Prior to the execution of
.
c:Hopcivil\LutherPUD - 22-
..
. this PUD Agreement, Developer shall provide the City with evidence oftitle to the Real Property,
at Developer's expense, in the form of a current Commitment for Owners' Title Insurance.
Developer shall cause this PUD Agreement to be executed by or consented to by all persons holding
any interest in the title to the Real Property, or lien thereon, as deemed necessary by the City.
Developer agrees to cause this PUD Agreement to be filed for record as a restriction against the title
to the Real Property.
22. Ownership. Maintenance and Repair of Improvements. The City shall not be
responsible for the maintenance or repair of any of the Improvements other than the City
Improvements, and shall have no liability whatsoever for any costs, expenses, liabilities, obligations,
claims and demands related to or arising from, either directly or indirectly, the design, construction,
use, maintenance, repair, reconstruction or replacement of the Improvements, together with all
. modifications or replacements thereof or additions thereto. The Developer shall protect, indemnify
and hold the City, and its officials, representatives, agents and employees, harmless from and against
all liabilities, obligations, responsibilities, claims, costs, expenses (including reasonable attorney's
fees), demands and causes of action relating to or arising out of, directly or indirectly, the design,
construction, maintenance, repair, reconstruction, replacement, ownership or use of the
Improvements (provided that the City shall be responsible for maintenance and repair of the City
Improvements following their acceptance by the City, but subject to the Developer's warranty ofthe
City Improvements), and any replacements or substitutions therefor, including, hut not limited to,
claims for injury to persons or property.
IN WITNESS WHEREOF, Developer and the City have executed this PUD Agreement as
ofthe date and year first above written.
. THE LUTHER COMPANY LIMITED
- 23 -
c:Hopcivi1\LutherPUD
.
. PARTNERSHIP
By
Its
STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by ~~~------------------------' the
, of The Luther Company Limited Partnership, a limited
partnership under the laws of the State of Minnesota, on behalf of the limited partnership.
Notary Public
HOPKINS REAL ESTATE, LLC
.
By
Its
.
c:Hopcivil\LutherPUD - 24-
>'
. STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by , the
, of Hopkins Real Estate, LLC, a limited liability company under
the laws of the State of Minnesota, on behalf ofthe limited liability company.
Notary Public
CITY OF HOPKINS
By
Its
By
. Its
STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by ---------------------------~-, the
-----~----------------------, and -~-------~---------~---------, the
, of The City of Hopkins, a municipal corporation, under the laws of the
State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
. Miller, Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, Minnesota 55343 '
c:Hopcivil\LutherPUD ,- 25-
~
. MORTGAGEE'S CONSENT
, a corporation, the mortgagee
named in that certain mortgage, dated (the "Mortgage"), which Mortgage was
recorded , as Hennepin County 's Document No.
, hereby consents to the foregoing PUD/DevelopmentAgreement and agrees that
the Mortgage shall be subject and subordinate to said Planned Unit Development Agreement.
By
Its
STATE OF )
)SS
. COUNTY OF ;)
The foregoing instrument was acknowledged before me this day of
, 2004, by ----------~--------------------, the
----------------------------, and -----------------------------, the
,of , a corporation, under the
laws of the State of Minnesota, on behalf of the corporation.
.
Notary Public
.
c:Hopcivil\LutherPUD - 26-
..
EXHIBIT A
. LEGAL DESCRIPTION OF REAL PROPERTY
.
.
I c:Hopcivil\LutherPUD - 27-
,
. .
. EXHIBIT B
DEVELOPMENT DESIGN STANDARDS
I. Intent. The purpose ofthis overlay zone is to create a Planned Unit Development permitting
the construction and operation of a new and used automobile sales, service and repair facility. The
use ofthe overlay PUD zoning is to allow for more flexible design standards while creating a higher
quality project. The PUD overlay zone requires that the Development demonstrate a higher quality
of architectural standards and site design. The underlying business park zoning will remain in effect
and any future use of property within the PUD overlay zone must be consistent and in conformity
with the underlying business park zoning.
II. Permitted Use. The permitted use in the PUD overlay zone is limited to sales and service
of new and used automobiles, including body shop, automotive service department, part sales,
storage, service and reception areas, customer waiting areas, sales and service administration and
employee facilities. Such sales use shall be primarily the sale of new automobiles with used
automobile sales as an accessory use only.. All activities other than vehicle storage and parking shall
be conducted entirely within an enclosed structure, with no outside storage, with the exception of
the following permitted outside activities:
Paintless automobile dent repair
Automobile inventory washing
Automobile sales promotions
. Automobile tent sales, including barbeques
Automobile glass and chip repair
Automobile pin striping and window tinting
Photographing of automobiles for posting on dealer's website
Installation of automobile window stickers
Exterior lighting and sign maintenance
Automobile interior and upholstery repairs
Automobile tire repair
There shall be negligible impact upon surrounding properties by noise, vibration, smoke, dust or
pollutants.
III. Desi~n Standards.
Building Construction:
Showroom Component: Glass and Aluminum, EIFS, Composite Aluminum Panels
Service Component: Architectural Precast Wall Panels
Site Improvements: Landscaping as per City Zoning Ordinance
New paving, grading and site utilities
Pondinglwater treatment as per local watershed requirements
. Parking for approximately 700 cars - used, new, customer and
service
Access from Fifth Avenue
Landscaping on HCRRA property as permitted by HCRRA
Rooftop equipment screened
c:Hopcivil\LutherPUD - 28-
,-'
EXHIBIT C-l
. CONDITIONS FOR APPROVAL OF HCRRA EASEMENT
Stipulations: That the CityofHopkins
* Design, build and maintain the roadway
* Present interim and final roadway design to the Hennepin County Transportation
Department for approval
* Ensure roadway design and construction meet requirements for transit vehicles
* Provide traffic control and safety signage, devices and equipment for vehicular traffic,
pedestrians, and non-motorized vehicles that use the existing trail; these include, but are not
limited to traffic control signs, traffic signals, pedestrian signals, and pavement markings as
required by traffic engineering warrants or best practices to ensure safety.
* Provide traffic control and safety signage, devices and equipment for any future exclusive
guideway transit to operate in the HCRRA right-of-way as well as other local transit services
. using the roadway for transit center and station access and egress. Traffic control and safety
items include, but are not limited to traffic control signs, traffic signals, railroad crossing
signals and gates, pedestrian signals, and pavement markings, as required by traffic
engineering warrants, best practices to ensure safety, and transitway design criteria.
. * Provide absolute priority to future exclusive guideway transit. service operating in the
HCRRA right-of-way.
* Reserve a transit easement immediately east ofthe proposed extension of Eighth A venue and
north ofthe HCRRA property, measuring 400 feet by 36 feet; this area is envisioned for bus
transfers and bus circulation for a future transitway station.
* Reserve an easement to enable a future access to Excelsior Boulevard at the east end ofthe
future transitway station bus transfer and circulation area.
* First present then obtain approval from the Hennepin County Transportation Department for
any modification or change to the roadway or roadway operation.
* Develop plan to restrict vehicles from blocking trail use or future transitway operations
* Pay pennanent easement cost of approximately $36,000 (based on $5.45 per square foot)
.
c:Hopcivil\LutherPUD - 29-
;; " 4
. EXHIBIT C-2
COpy OF HCRRA EASEMENT AGREEMENT
.
.
c:Hopcivil\LutherPUO ~ 30-
,;;.. .1\ ... ~
. EXHIBIT 0
LEGAL DESCRIPTION OF VEHICLE TURN AROUND AREA
, '
.
.
c:HOpcivjJ\LutherPUD - 31 -