CR 2000-160 Conditional Use Permit Agreement-Supervalu
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. September 28,2000 HOPKINS Council Report 2000-160
CONDITIONALUSEPERMITAGREEMENT-SUPERVALU
ProDosed Action.
Staff recommends the following motion: Move to approve the conditional use permit
agreement to construct an addition to the perishable warehouse.
Overview.
As part of the conditional use permit approval for the construction of the addition to the
perishable warehouse, SuperValu was required to sign a conditional use permit agreement.
The conditional use permit agreement is a document that spells out the specifics of the action
and timetable that will need to be complied with to implement the various conditions of the
conditional use permit.
The document, as presented, was prepared by Jerry Steiner of the City Attorney's office.
Jerry Steiner will be present at the meeting.
Along with approval of the final plat, this is the final action that is necessary for SuperValu
to proceed with this project.
Attached is a summary of the various aspects of this agreement as prepared by Jerry Steiner.
. Primary Issues to Consider.
. What are the highlights of the conditional use permit agreement?
. What are the site plan changes?
. How is the Fifth and Sixth Streets South/Tenth A venue intersection
addressed?
SUDDortiul!: Documents.
. Memo from Jerry Steiner
. Conditional Use Permit Agreement
. Resolution 2000-50
. Approved site plan
. Memo regarding 11th Avenue entrance closure
. Site Plan EX-l
. Fifth Avenue berm modifications
Nancy . Anderson, AICP
Planner
Financial Impact: $ N ~ A Budgeted: YIN - Source:
. Related Documents (C ,ERP, etc.):
Notes:
CR2000-160
Page 2
. Primary Issues to Consider.
. What are the highlights of the conditional use permit agreement?
The following are the main points addressed in the agreement:
. Description of the public improvements SuperValu will complete
. The construction standards and procedures for the public improvements
. Additional noise monitoring after occupancy
. Compliance with the traffic study
. The reconstruction of the intersection of Tenth Avenue and Fifth/Sixth Streets
. Submission of a storm water management plan
. Submission of a lighting plan
. Submission of a final design for the earth berm and fence
. Granting of easements by SuperValu
. Acceptance and warranty of public improvements by the City
. Reimbursement of costs to the city from this development
. Timetable for the performance of the public improvements
. What are the site plan changes?
. One of the conditional use permit conditions requires SuperValu to provide a plan to reduce
or eliminate truck traffic at the 11th Avenue access drive. A plan has been prepared,
reviewed by staff, and attached to the conditional use permit agreement (Attachment C).
From the staff perspective, the plan clearly addresses the traffic concern on 11 tit Avenue.
This plan would eliminate the 11th Avenue access by December 1, 2002. All truck traffic
after that date would enter the Third StreetlFifth Avenue access point. With approval of the
conditional use permit agreement and the attached 11th Avenue closure plan, the following
site plan modifications will be made: (see Site Plan EX-I)
. Relocate the internal driveway connection between the distribution facility and the
perishable warehouse on the south property line as originally detailed to an area adjacent
to the north property line. This will require that the existing landscape berm at the Fifth
A venue entrance of the dry grocery be relocated to the north of its present location. An
open area immediately south of the new berm will be constructed and used for truck
storage. The area that will be changed from a berm to a parking area is detailed on the
attachments.
. The realignment of Fifth Street to the south by approximately four feet. Move Fifth
Street to the south will allow the internal drive lane on the perishable site to be wider for
the additional movements on the site with the closure of the 11th Avenue access. This
will require additional right-of-way to be acquired on the south side of Fifth Street from
. Westside Business Park, owned by Duke Realty. The additional right-of-way to be
acquired is on the curve of Fifth Street. SuperValu will try to acquire the property, but if
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CR2000-160
Page 3
. they are unsuccessful, the City can use eminent domain. SuperValu wiJ] pay aU costs.
. Locate a portion of the proposed screen noise wall south of where it was originally shown
to what is presently the Fifth Street South right-of-way.
. Construct an additional trailer/storage/staging area along the south side of the new
perishable building dock area directly north of the proposed screen wall. This parking
area will be constructed by September 1, 2002. This new area will be required to meet all
city noise standards.
. Bow is the Fifth and Sixth Streets Southffenth Avenue intersection addressed?
SuperValu will be responsible for the reconstruction of the intersection of Fifth and
Sixth Streets South and Tenth Avenue South. This work is required to be completed by
December 31,2001, based on one of the following alternatives:
. Option C, as identified in the Benshoof Traffic Study for this project, moving the
intersection north of its present location
This option would be implemented only if the two commercial buildings north of
Sixth Street are acquired. SuperValu would first attempt to acquire the property over
the next few months and then, if unsuccessful, at their option they can require the city
. to undertake a purchase using its eminent domain authority. If the city acquires the
property, SuperValu would provide reimbursement for all costs.
. In accordance with a design other than Option C that is acceptable to the city
Under this option, staff would work with the adjacent neighborhood and traffic
consultant to arrive at an acceptable design.
Alternatives.
1. Recommend approval of the conditional use permit agreement. By approving the
conditional use permit agreement, SuperValu will be able to construct the addition as
proposed
2. Recommend denial of the conditional use permit agreement. By denying the conditional
use permit agreement, SuperValu will not be able to construct the addition as proposed.
If the City Council considers this alternative, findings will have to be identified that
support this alternative.
3. Continue for further information. Ifthe City Council indicates that further information is
needed, the item should be continued.
.
. MILLER, STEINER & CURTISS, P.A.
PROFESSIONAL ASSOCIA nON
ATTORNEYS AT LAW
JERRE A. MILLER 400 WELLS FARGO BANK BUILDING
JEREMY S. STEINER* 10 II FIRST STREET SOUTH
WYNN CUR rrss IICWI,-INS. :VlINNrS(n~\ 55343
RIC~d I'r~lrl"'lt) ll\\ "'1"(,l'iJlj,q Lt~[\iti~d 95=-938-7635
h\ thl' i\linn(.~l'la St,llt,,'I3Ln J.'i>;llU,lliuri F/\ X 952-938-7670
MEMORANDUM
DATE: September 28,2000
TO: James Kerrigan, Director of Planning
Steven Stadler, Public Works Director
Nancy Anderson, Planner
FROM: Jeremy Steiner (5
RE: Conditional Use Permit Agreement for SuperValu
Perishable Warehouse Facility Expansion ("Project")
. This Memo is submitted at your request to outline the substantive provisions of the Conditional Use
Permit Agreement ("CUP Agreement") between SuperValu and the City for the expansion of the
SuperValu perishable warehouse facility ('"Facility").
The purpose of the CUP Agreement is to document and establish the conditions under which the City
has approved and issued a Conditional Use Permit for the expansion of the Facility. The CUP
Agreement establishes design and construction standards and celtain conditions and restrictions
applicable to the improvements that SuperValu will construct as part of the Project. Paragraph 2 of
the Agreement separates those improvements into two categories, namely, the "Public
Improvements," which are identified in Paragraph 2.A., and the "Developer Improvements," which
are identified in Paragraph 2.B. The Public Improvements are those improvements to be completed
by SuperValu within City- or County-owned right of way or easements. such as streets, trails and
sidewalks to be transferred to the City or County when completed. The Developer Improvements
are those improvements to be constructed on SuperValu's property according to the approved plans
and the conditions of approval of the Conditional Use Permit. The Developer Improvements include
such things as the sound barrier and landscaping improvements to be completed as part of the
Project. The following is a summary of the substantive terms and conditions of the CUP Agreement:
1. Paragraph 3 of the CUP Agreement identifies the "Plans" for the Project that have been
submitted by SuperValu and have been given preliminary approval by the City. Paragraph 3 requires
SuperValu to revise the preliminary plans, as required by the City, and to submit final Plans for
. construction purposes before commencement of construction. Paragraph 4 of the CUP Agreement
details the "standards and procedures" to be observed by SuperValu and its contractors in preparing
. Plans and completing construction of both the Developer Improvements and the Public
Improvements. Paragraphs 3 and 4 of the CUP Agreement contain substantially the same provisions
as the previous Agreement for the dry storage facility constructed by SuperValu on the adjacent
property acquired from Hennepin County.
2. Subparagraphs A through J of Paragraph 6 of the Agreement (at pages 6-22) detail specific
conditions imposed by the City for issuance of the Conditional Use Permit for the Project.
Referencing the subparagraphs of Paragraph 6 of the CUP Agreement. those conditions are:
A. Subparagraph 6.A. requires SuperValu to replat all of the land on which the Project
is to be constructed, which includes all of Super V alu' s property between 11 th Avenue
South and vacated Sixth A venue South. as a single lot. As a condition of plat
approval, SuperValu will pay a park dedication fee of$110,665.00.
B. This subparagraph confirms SuperValu will comply with all conditions of approval
of the building height variance granted by Council Resolution No. 2000-51.
C. This subparagraph confirms that SuperValu will satisfy all terms, conditions and
requirements imposed by the City Council on vacation of Sixth Avenue South. as
stated in Council Resolution No. 2000-49. SuperValu will remove all street
improvements and relocate utilities according to final plans approved by the City.
. Subparagraph C also requires SuperValu to submit a street closure plan detailing the
timing and procedure for closing Sixth A venue South to traffic.
D. This subparagraph confirms that SuperValu will submit a storm water management
plan complying with the requirements of Section 546 of the City Code, and that
SuperValu will implement all required storm water management measures.
E. This subparagraph confirms SuperValu's obligation to "comply with all applicable
federal, state and municipal" noise standards and specifically provides that
SuperYalu will implement all of the noise mitigation measures recommended by
David Braslau Associates in the reports prepared for the Project. Specific conditions
of subparagraph E include construction of a noise wall, of the same design as the
existing noise wall for the adjacent dry storage facility, as soon as possible and, in
any event, prior to issuance of a Certificate of Occupancy. After the final Plans for
the Project have been approved, the City is to obtain a supplemental report from
David Braslau Associates stating that the Plans comply with the recommendations
of the noise consultant's reports. After the Project is complete and operating,
SuperYalu is to retain a qualified noise consultant to conduct noise level monitoring.
commencing 60 days after the issuance of a Certificate of Occupancy , and continuing
annually for a period of five years. All noise consultant fees are to be paid by
SuperYalu. SuperValu will also perform such additional noise level monitoring as
the City reasonably requires in the future. Finally, if it is determined that operation
. - 2 -
. .
. of the Project does not comply with federal. state and municipal noise standards,
SuperValu has acknowledged it will be responsible to implement such further
measures as are required to "ensure compliance" with those standards.
F. This subparagraph requires SuperValu to comply with the recommendations of the
traffic study prepared by Benshoof & Associates ("Traffic Study"). The specific
traffic requirements are addressed in subparagraphs i -ix of Paragraph F, at pages 10-
21 of the CUP Agreement, which are summarized as follows:
i) Subparagraph F., i., deals with the reconstruction of the intersection of Fifth
and Sixth Street South with Tenth A venue South ("Intersection"), which may
require acquisition of the two buildings located north of Sixth Street South
and west of Fifth Street South ("Third Party Property"). SuperVa1u will
attempt, until December 31, 2000, to acquire the Third Party Property. If
SuperYalu fails to do so, it has the option to require the City to acquire the
Third Party Property by means of condemnation. IfSuperValu exercises this
option, the City has agreed to proceed with acquisition of the Third Party
Property by condemnation, and SuperYalu has agreed to reimburse the City
for all costs and expenses incurred in doing so. If the Third Party Property
is acquired, either by SuperYalu or the City, SuperYalu has agreed to prepare
plans for the Intersection, conforming to Option C at Figure 17 of the Traffic
Study, and to complete final design, engineering and reconstruction of the
. Intersection as soon as reasonably possible, and in any event, no later than
December 31, 2001. SuperYalu will retain that part of the Third Party
Property located north and west of the right of way for the reconstructed
Intersection, and the City will retain the road right of way and all property
lying southerly and southeasterly of the right of way. If the Third Party
Property is not acquired by SuperYalu orthe City, Paragraph 6.F.i.d., at page
13 of the CUP Agreement, states the Intersection will be reconstructed by
SuperYalu, using a design other than Option C. In that case, the City is to
select the alternate design for the Intersection and notify SuperValu of the
design selected. SuperValu will then proceed with design and reconstnlction
of the Intersection as soon as reasonably possible and, in any event, no later
than December 31, 2001. Finally, Paragraph 6.F .i.e., at page 14 of the CUP
Agreement, requires SuperValu to reconstruct the Intersection according to
Option C ifSuperValu acquires the Third Party Property after reconstruction
of the Intersection.
ii) Subparagraph F.ii, at page 14, deals with the reconstruction of Fifth Street
South and Sixth Street ("Street Reconstruction") to the north and east of the
Intersection, as shown at Figure 16 of the Traffic Study. It is anticipated the
Street Reconstruction will be completed in conjunction with reconstruction
of the Intersection. because the Street Reconstruction calUlOt occur until the
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. .
. final design of the Intersection has been determined. SuperValu will prepare
final plans for the Street Reconstruction as soon as possible after the design
for the Intersection has been determined, with final plans for the Street
Reconstruction to be submitted within 60 days after approval of the final
design for the Intersection. Subparagraph F.ii.b., at pages 15 andl6, states
that the realiglU11ent and reconstruction of Fifth Street South and Sixth Street
South, and the construction of landscaping, berms and sound baniers for the
Facility , will require use of road right of way to accommodate the
landscaping, fencing and sound barriers on the north and west side of Fifth
Street South and Sixth Street South. This subparagraph provides that the City
will vacate four or five feet ofroad right of way or grant SuperValu a license
to accommodate this construction, and that new road right of way will be
acquired on the south and east side of Fifth Street South and Sixth Street
South to maintain road right of way width. Subparagraph c, at pages 17
and 18, addresses the need to acquire additional property from third parties
along the south and east sides of Fifth Street South and Sixth Street South to
accommodate the Street Reconstruction, including construction of pedestrian
and bicycle trails. SuperValu will attempt to acquire this property for a
period of 30 days after approval of final design for the Street Reconstruction.
If SuperV alu fails to do so, the City will acquire the necessary additional right
of way by means of eminent domain, and SuperYalu will reimburse the City
for all costs and expenses incuned by the City in doing so. SuperValu has
. agreed to complete the Street Reconstruction as soon as reasonably possible,
taking into account the time necessary for completing design and engineering
work and acquiring additional property from third parties, and in any event,
no later than December 31, 2001.
iii) Subparagraph F., iii., at pages 18 and 19, requires SuperValu to complete
construction of all other trail and sidewalk work shown in Figure 14 of the
Traffic Study, at SuperValu's sole expense. If acquisition of property from
third parties is required for trail construction, the same procedure will be used
for this acquisition as the procedure for acquisition of right of way for the
Street Reconstruction, including the use of eminent domain by the City.
Paragraph 12.8. of the CUP Agreement requires all sidewalk and trail
construction to be completed by July 1, 2000, except for sidewalks and trails
to be built as part of the Intersection or Street Reconstmction and those
requiring acquisition of property from third parties.
iv) Subparagraph F., iv., at pages 19 and 20, addresses SuperValu's agreement
to eliminate the existing driveway access to 11th A venue South. Exhibit C to
the CUP Agreement is a Memo submitted by SuperValu describing the plan
for elimination of truck traffic at this driveway access. SuperValu will
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.
. finalize and implement the plan and "discontinue and abandon (the existing)
driveway access to 11lh A venue South by December 1, 2002."
v) Subparagraph F., v., at page 20, requires SuperValu to complete
reconstruction of the westbound to southbound left turn lane at Hennepin
County Road 3 and Fifth Avenue South, as recommended at Figure 18 of the
Traffic Study, subject t obtaining approval from Hennepin County.
vi)-ix) Subparagraphs F., vi-ix, deal with less significant issues and are self-
explanatory .
G. This subparagraph addresses Super Val u' s possi b I e future use of that part 0 fthe Third
Party Property that is not used for reconstruction of the Intersection. It confirms that
any change in use, other than for parking purposes, will require a Conditional Use
Permit. In addition, SuperValu has agreed to relocate the sound barrier wall to the
southerly boundary of this property in the event it is acquired by SuperValu.
H This subparagraph requires SuperValu to submit a lighting plan for the Project to be
approved by the City prior to issuance of a building permit for the Project.
I. This subparagraph requires SuperValu to submit the final plans for the earth berm
. and sound barrier for City approval prior to issuance of a building permit for the
Project. It also requires SuperValu to complete the earth berm and sound barrier
before "issuance of a Certificate of Occupancy for any part of the Project."
J. SuperValu is required to grant to the City all utility, drainage, trail, sidewalk or other
easements required for the maintenance of any of the public improvements.
7.-9. Paragraph 7 requires SuperValu to transfer all Public Improvements to the City upon
completion, final inspection and approval by the City Engineer and City Council. In Paragraph 8,
SuperValu "warrants that all work comprising the public improvements shall be free from defective
materials or faulty workmanship for a period of two years after acceptance of the Public
Improvements by the City." Under Paragraph 9 SuperValu will reimburse the City for all out-of-
pocket costs incurred in approving the CUP Agreement and in administration of the Project.
11. Paragraph 11 requires SuperValu to obtain approvals from all governmental agencies other
than the City of Hopkins, as required for completion of the Project.
12. Paragraph 12 addresses the time of completion for all of the Public Improvements. As
detailed above, Paragraph 6 of the Agreement states specific completion dates for most. if not all,
of the Public Improvements. If a specific completion date is not stated in Paragraph 6, subparagraph
12.0. requires SupeTYalu to begin constmction of Public Improvement work as soon as possible and
to complete construction no later than December 31, 2001.
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.
. 13.-21. These paragraphs are substantially the same as those contained in the previous Agreement
for the dry goods facility constructed by SuperValu on the adjacent property acquired from Hennepin
County. Specific requirements include the provisions of Paragraph 14 requiring SuperValu to
deliver letters of credit to the City to guarantee completion of the Public Improvements and all
landscaping work. Paragraph 15 entitles the City to obtain a court order requiring SuperValu to
complete all of the Public Improvements and other work described in the CUP Agreement. in
addition to reimbursing the City for all damages, costs and expenses incurred as a result of
SuperV alu' s failure to perform the CUP Agreement. Paragraph 2 J provides that the CUP Agreement
is to be recorded as an encumbrance on the title to all ofthe property included in the Project.
JSS
JSS/drs
e: hope iv il\mcmo .mayor
.
. - 6 -
. MILLER, STEINER & CURTISS, P.A.
PROFESSIONAL ASSOCIA nON
ATTORNEYS AT LAW
JERRE A. MILLER 400 WELLS FARGO BANK BUILDING
JEREMY S. STEINER* 1011 FIRST STREET SOUTH
WYNN CURTISS HOPKINS, MINNESOTA 55343
'+ Rei~1 Propem' Law .sped allsL l:CI Ii ti ~J 952-938- 7635
bv lh,,= Minne!;ota St<lte 8ar .-\ssodation FAX 952-938-7670
MEMORANDUM
DATE: September 27,2000
TO: The Honorable Mayor and City Council Members
of the City of Hopkins
FROM: Jeremy Steiner (5
RE: Conditional Use Permit Agreement for SuperValu
Perishable Warehouse Facility Expansion ("Project")
. This Memo is submitted at the request of City Staff to outline the substantive provisions of the
Conditional Use Permit Agreement ("CUP Agreement") between SuperValu and the City for the
expansion of the SuperValu perishable warehouse facility ("Facility").
The purpose ofthe CUP Agreement is to document and establish the conditions under which the City
has approved and issued a Conditional Use Permit for the expansion of thc Facility. The CUP
Agreement establishes design and construction standards and certain conditions and restrictions
applicable to the improvements that SuperValu will construct as pati of the Project. Paragraph 2. of
the Agreement separates those improvements into two categories, namely, the "Public
Improvements," which are identified in Paragraph 2.A., and the "Developer Improvements," which
are identified in Paragraph 2.8. The Public Improvements are those improvements to be completed
by SuperValu within City- or County-owned right of way or easements, such as streets, trails and
sidewalks to be transferred to the City or County when completed. The Developer Improvements
are those improvements to be constructed on SuperValu's property according to the approved plans
and the conditions of approval ofthe Conditional Use Permit. The Developer Improvements include
such things as the sound barrier and landscaping improvements to be completed as part of the
Project. The following is a summary of the substantive terms and conditions of the CUP Agreement:
l. Paragraph 3 of the CUP Agreement identifies the "Plans" for the Project that have been
submitted by SuperValu and have been given preliminary approval by the City. Paragraph 3 requires
SuperValu to revise the preliminary plans, as required by the City, and to submit final Plans for
construction purposes before commencement of construction. Paragraph 4 of the CUP Agreement
. details the "standards and procedures" to be observed by SuperValu and its contractors in preparing
Plans and completing construction of both the Developer Improvements and the Public
Improvements. Paragraphs 3 and 4 of the CUP Agreement contain substantially the same provisions
. as the previous Agreement for the dry storage facility constructed by SuperValu on the adjacent
property acquired from Hennepin County.
2. Subparagraphs A through] of Paragraph 6 of the Agreement (at pages 6-22) detail specific
conditions imposed by the City for issuance of the Conditional Use Permit for the Project.
Referencing the subparagraphs of Paragraph 6 of the CUP Agreement, those conditions are:
A. Subparagraph 6.A. requires SllperVaIll to n:plat all of the land on which the Project
is to be constructed, which includes all ofSuperValu's propeliy between II Ih Avenue
South and vacated Sixth A venue South, as a single lot. As a condition of plat
approval, SuperValu will pay a park dedication fee 01'$110,665.00.
B. This subparagraph confirms SuperValu will comply with all conditions of approval
of the building height variance granted by Council Resolution No. 2000-51.
C. This subparagraph confirms that SuperValu will satisfY all terms, conditions and
requirements imposed by the City Council on vacation of Sixth Avenue South, as
stated in Council Resolution No. 2000-49. SuperValn will remove all street
improvements and relocate utilities according to final plans approved by the City.
Subparagraph C also requires SuperValu to submit a street closure plan detailing the
timing and procedure for closing Sixth Avenue South to traffic.
. D. This subparagraph confirms that SuperValu will submit a storm \vater management
plan complying with the requirements of Section 546 of the City Code, and that
SuperValu will implement all required storm water management measures.
E. This subparagraph confirms SuperValu's obligation to "comply with all applicable
federal, state and municipal" noise standards and specifically provides that
SuperValu will implement all of the noise mitigation measures recommended by
David Braslau Associates in the reports prepared for the Project. Specific conditions
of subparagraph E include constmction of a noise wall, of the same design as the
existing noise wall for the adjacent dry storage facility, as soon as possible and, in
any event, prior to issuance of a Certificate of Occupancy. After the final Plans for
the Project have been approved, the City is to obtain a supplemental report from
David Braslau Associates stating that the Plans comply with the recommendations
of the noise consultant's reports. After the Project is complete and operating,
SuperValu is to retain a qualified noise consultant to conduct noise level monitoring,
commencing 60 days after the issuance of a Certificate of Occupancy , and continuing
almually for a period of five years. All noise consultant fees are to be paid by
SuperValu. SuperValu will also perform such additional noise level monitoring as
the City reasonably requires in the future. Finally, if it is determined that operation
of the Project does not comply with federal, state and municipal noise standards,
SuperValu has acknowledged it will be responsible to implement such further
. measures as are required to "ensure compliance" with those standards.
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. F. This subparagraph requires SuperValu to comply with the recommendations of the
traffic study prepared by Benshoof & Associates ("Traffic Study"). The specific
traffic requirements are addressed in subparagraphs i-ix of Paragraph F, at pages 10-
21 of the CUP Agreement, which are summarized as follows:
i) Subparagraph F., i.. deals with the reconstruction of the intersection of Fifth
and Sixth Street South with Tenth Avenue South ("Intersection"), \vhich may
require acquisition of the two buildings located north of Sixth Street South
and west of Fifth Street South ("Third Party Property"). SuperValu will
attempt, until December 31, 2000, to acquire the Third Party Property. If
SuperValu fails to do so, it has the option to require the City to acquire the
Third Party Propelty by means of condemnation. IfSuperValu exercises this
option, the City has agreed to proceed with acquisition of the Third Party
Property by condemnation, and SuperValu has agreed to reimburse the City
for all costs and expenses incurred in doing so. If the Third Party Property
is acquired, either by SuperYalu or the City, SuperValu has agreed to prepare
plans for the Intersection. conforming to Option C at Figure 17 of the Traffic
Study, and to complete final design, engineering and reconstruction of the
Intersection as soon as reasonably possible, and in any event, no later than
December 31. 2001. SuperValu will retain that part of the Third Party
Propcliy located north and west of the right of way for the reconstructed
Intersection, and the City will retain the road right of way and all property
. lying southerly and southeasterly of the right of way. If the Third Party
Propeliy is not acquired by SuperValu or the City, Paragraph 6.F.i.d., at page
13 of the CUP Agreement, states the Intersection will be reconstructed by
SuperValu, using a design other than Option C. In that case, the City is to
select the alternate design for the Intersection and notify SuperValu of the
design selected. SuperValu will then proceed with design and reconstruction
of the Intersection as soon as reasonably possible and. in any event. no later
than December 31,2001. Finally, Paragraph 6.F.i.e., at page 14 of the CUP
Agreement, requires SuperValu to reconstruct the Intersection according to
Option C ifSuperYalu acquires the Third Patiy Property after reconstruction
of the Intersection.
ii) Subparagraph F .ii, at page 14, deals with the reconstruction of Fifth Street
South and Sixth Street ("Street Reconstruction") to the north and east of the
Intersection, as shown at Figure] 6 ofthe Traffic Study. It is anticipated the
Street Reconstruction will be completed in conjunction with reconstruction
of the Intersection, because the Street Reconstruction cannot occur until the
final design of the Intersection has been determined. SuperYalu will prepare
final plans for the Street Reconstruction as soon as possible after the design
for the Intersection has been determined. with final plans for the Street
Reconstruction to be submitted within 60 days after approval of the final
. design for the Intersection. Subparagraph F.ii.b., at pages 15 andl6, states
that the realignment and reconstruction of Fifth Street South and Sixth Street
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. South, and the constmction oflandscaping, berms and sound barriers for the
Facility. will require llse of road right of way to accommodate the
landscaping. fencing and sound barriers on the north and \vest side of Fifth
Street South and Sixth Street South. This subparagraph provides that the City
will vacate four or five feet ofroad right of way or grant SuperValu a license
to accommodate this construction, and that new road right of way will be
acquir'.;d on the south and cast side of Fifth Street South ::md Sixth Street
South to maintain road right of way width. Subparagraph c at pages 17
and 18, addresses the need to acquire additional property ii-om third parties
along the south and east sides of Fifth Street South and Sixth Street South to
accommodate the Street Reconstruction, including construction of pedestrian
and bicycle trails. SuperValu will attempt to acquire this property for a
period of30 days after approval offinal design for the Street Reconstruction.
lfSuperValu fails to do so, the City will acquire the necessary additional right
of way by means of eminent domain, and SuperValu wi 11 reimburse the City
for all costs and expenses incurred by the City in doing so. SuperValu has
agreed to complete the Street Reconstruction as soon as reasonably possible,
taking into account the time necessary for completing design and engineering
work and acquiring additional property fro111 third pmiies, and in any event,
no later than December 31, 2001.
iii) Subparagraph F., iii., at pages 18 and ]9, requires SuperValu to complete
. construction of all other trail and sidewalk work shown in Figure 14 of the
Traffic Study, at SuperValu's sole expense. If acquisition ofpropelty from
third parties is required for trail construction, the same procedure will be used
for this acquisition as the procedure for acquisition of right of way for the
Street Reconstruction, including the use of eminent domain by the City.
iv) Subparagraph F., iv., at pages 19 and 20, addresses SuperValu's agreement
to eliminate the existing driveway access to 11 th A venue South. Exhibit eta
the CUP Agreement is a Memo submitted by SuperYalu describing the plan
for elimination of truck traffic at this driveway access. SuperValu will
finalize and implement the plan and "discontinue and abandon (the existing)
driveway access to 11th A venue South by December 1, 2002."
v) Subparagraph F., v., at page 20, reqmres SuperYalu to complete
reconstruction of the westbound to southbound left turn lane at Hennepin
County Road 3 and Fifth A venue South, as recommended at Figure 18 of the
Traffic Study, subject t obtaining approval from Hennepin County.
vi)-ix) Subparagraphs F., vi-ix, deal with less significant issues and are self-
explanatory.
. G. This subparagraph addresses SuperY alu's possible future use ofthat part of the Third
Party Property that is not used for reconstruction ofthe Intersection. It confirms that
- 4-
.
. any change in use, other than for parking purposes. will require a Conditional Use
Permit. In addition, SuperValu has agreed to relocate the sound balTier wall to the
southerly bounlbry of this property in the event it is acquired by SuperValu.
II This subparagraph requirt:s SupcrValu to submit a lighting plan for the Project to be
approved by the City prior to issuance of a building permit for the Project.
I. This subparagraph requires SuperValu to submit the final plans for the earth berm
and sound barrier fur City approval prior tu issuance of a building permit for the
Project. It also requires SuperValu to complete the earth berm and sound barrier
before "issuance of a Certificate of Occupancy for any part of the Project."
J. SuperValu is required to grant to the City all utility, drainage, trail, sidewalk or other
easements reg uired for the maintenance of any of the public improvements.
7.-9. Paragraph 7 requires SuperValu to transfer all Public Improvements to the City upon
completion, final inspection and approval by the City Engineer and City Council. In Paragraph 8,
SuperValu "warrants that all work comprising the public improvements shall be free fl.-om defective
materials or faulty workmanship for a period of two years after acceptance of the Public
Improvements by the City." Under Paragraph 9 SuperValu will reimburse the City for all out-of-
pocket costs incurred in approving the CUP Agreement and in administration of the Project.
. II. Paragraph II requires SuperValu to obtain approvals from all govenm1cntal agencies other
than the City of Hopkins, as required for completion of the Proj ect.
12. Paragraph 12 addresses the time of completion for all of the Public Improvements. As
detailed above, Paragraph 6 of the Agreement states specific completion dates for most, if not all,
of the Public Improvements. If a specific completion date is not stated in Paragraph 6, subparagraph
12.D. requires SuperValu to begin construction of Public Improvement work as soon as possible and
to complete construction no later than December 31, 2001.
13.-21. These paragraphs are substantially the same as those contained in the previous Agreement
for the dry goods facility constructed by SuperValu on the adjacent property acquired from Hennepin
County. Specific requirements include the provisions of Paragraph 14 requiring SuperValu to
deliver letters of credit to the City to guarantee completion of the Public Improvements and all
landscaping work. Paragraph 15 entitles the City to obtain a court order requiring SuperValu to
complete all of the Public Improvements and other work described in the CUP Agreement, in
addition to reimbursing the City for all damages, costs and expenses incurred as a result of
SuperV alu 's failure to perform the CUP Agreement. Paragraph 21 provides that the CUP Agreement
is to be recorded as an encumbrance on the title to all of the property included in the Project.
I trust this Memorandum will assist you in reviewing and approving the CUP Agreement.
. JSS
- 5 -
.
Miller, Steiner & Curtiss, P.A.
CONDITIONAL USE PERMIT AGREEMENT
This Conditional Use Permit Agreement (this "Agreement") is made and executed this
day of , 2000, by SUPERV ALU INC., a Delaware corporation
("Developer"), in favor of and for the benefit of the City of Hopkins, Minnesota ("City").
. RECIT ALS
A. Developer is the fee owner of real property located in the City of Hopkins, Hennepin
County, State of Minnesota, legally described in Exhibit A attached hereto and incorporated herein
by reference. The real property described in Exhibit A hereto is hereinafter referred to as the "Real
Property" .
B. Developer applied to the City for a Conditional Use Permit to construct and operate
an addition to and remodeling of its perishable goods warehouse facility and related improvements
(the "Project") on the Real Property in accordance with the Plans identified in Paragraph 3 of this
Agreement.
C. On August 2, 2000, the City Council of the City adopted its Resolution No. 2000-50
approving Conditional Use Pennit No. CUP 00-2 ("Conditional Use Penn it") for the construction
. of the Project on the Real Property, subject to the terms, conditions and restrictions stated in this
c :hopc ivil\CondUse. SuperVaJu
1
. Agreement, Resolution No. 2000-50 and in the Conditional Use Permit. As a condition of the
approval of the Conditional Use Permit, the City has required Developer to construct, install and pay I
I
for the Public Improvements defined and identified in Paragraph 2 of this Agreement and to execute
and record this Agreement. Developer has agreed: i) to accept such terms, conditions and restric-
tions, ii) to execute this Agreement, and iii) to record this Agreement as a servitude upon the title
to the Real Property.
D. Subdivision 4 of Section 525.13 of the Hopkins Zoning Ordinance provides that the
City may require an applicant for a Conditional Use Permit to enter into a Conditional Use Permit
Agreement establishing the terms, conditions and restrictions imposed upon approval of a
Conditional Use Permit. This Agreement is entered into by the City and Developer pursuant to
Subdivision 4 of Section 525.13 of the Hopkins Zoning Ordinance.
. NOW, THEREFORE, in consideration of the foregoing Recitals and the approval and
issuance of the Conditional Use Permit, Developer agrees to the terms and conditions stated in this
Agreement and declares that all of the Real Property and the Project shall be held, transferred, leased,
occupied, constructed, used and developed subject to the following agreements, terms, covenants,
conditions and restrictions:
1. Recitals Incorporated. Recital Paragraphs A through D, above, are incorporated in
and made a part of this Agreement.
2. Construction of Improvements. As a condition of approval of the Conditional Use
Permit, Developer has agreed to construct the "Public Improvements" (hereinafter defined). The
terms, covenants, conditions, restrictions and agreements stated in this Agreement shall apply both
to the construction of said Public Improvements and to the construction, occupancy, use and
. development of all of the other facilities and improvements constituting a part of the Project.
c: hopcivi1\CondVse.SuperV aJu 2
. A. Public Improvements. Developer shall construct, install and pay for all of the
facilities and improvements described in Exhibit B hereto and in Subparagraphs 6.F., i. ii,
i
iii, V., vi., vii., and viii. of this Agreement, which facilities and improvements are herein
collectively referred to as the "Public Improvements". The Public Improvements shall be
completed in accordance with: i) the terms and conditions stated ill said Exhibit S, ii) the
Plans defined and identified in Paragraph 3 of this Agreement; and iii) all ofthe other terms
of this Agreement. Developer's obligation to construct, install and pay for the Public
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 Public
Improvements ill compliance with the requirements of this Agreement.
B. Developer Improvements. III addition to the Public Improvements, Developer shall
. also construct, install and pay for all other facilities and improvements constituting a part of
the Project, including those depicted in the Plans, which facilities and improvements are
herein referred to as the "Developer Improvements." The Developer Improvements shall
include all ofthe work and improvements described in Paragraph 6. ofthis Agreement other
than those items listed in Subparagraph A., above. The Developer Improvements shall be
completed in accordance with: i) the Plans defined and identified in Paragraph 3 of this
Agreement; and ii) all of the other terms of this Agreement.
3. Identification of Plans. The Project shall be developed and the Public Improvements
and Developer Improvements constructed and completed in accordance with the following plans
which are hereinafter collectively referred to as the "Plans". The Plans shall not be attached to this
. Agreement. Ifany of the Plans are designated as "Preliminary", such Plan(s) shall, subject to City
approval, be modified, at Developer's expense, after the date of this Agreement to be suitable for
c: hopcivil\CondUse. St!perV alt! 3
. final construction purposes before commencement of any of the work described or depicted in the
Plan in question or issuance of a Building Permit for the Project. At such time as a Preliminary Plan
has been replaced by a final Plan approved by the City, all references in this 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 Agreement, the provisions of this Agreement shall control. The Plans are:
Description of Plans
Plan A Preliminary Site Layout Plan prepared by Planmark and Westwood
Professional Services, Inc., dated March 28,2000.
Plan B Preliminary Planting Plan prepared by Planmark and Westwood Professional
Services, Inc., dated June 30, 2000.
Plan C Preliminary Grading Plan prepared by Planmark and Westwood Professional
Services, Inc., dated March 28,2000.
. Plan D Preliminary Utility Plan prepared by Planmark and Westwood Professional
Services, Inc., dated March 28, 2000.
Plan E Exterior elevations prepared by Planmark, dated, 2000.
4. Construction Standards and Procedures. The Public Improvements and the
Developer Improvements shall be constructed and installed in accordance with City standards, codes,
regulations and ordinances. All Plans and specifications for the Public Improvements shall be
prepared and certified by a registered professional engineer or engineers employed by Planmark, a
division of Developer ("Developer's Engineer"), and shall be furnished to the City and approved by
the City Engineer prior to issuance of a Building Permit for the Project, provided that a final Plan
or Plans for any part of the Public Improvements that require or may require acquisition ofright-of-
way or easements from third parties, as stated in Paragraph 6 of this Agreement, need not be
. submitted for approval until the date(s) stated in said Paragraph 6. The City Engineer shall review
and approve preliminary and final design Plans and contract specifications for the Public
c:hopci vi I\COlldUse. SupcrV alu 4
. Improvements. Review and approval of Plans and specifications for the Public Improvements shall
also include at least one (1) public information meeting with neighborhood residents and property
owners and final approval by the Hopkins City Council, and the design and construction schedule
for the Public Improvements must allow sufficient time for public meeting(s).
Developer shall retain a qualified inspector or engineer experienced in inspection and
supervision of road construction ("Developer's Inspector") to perform site inspections of the Public
Improvements during the course of construction. Developer's Inspector shall be present, on site to
perform inspections at all times while construction activities on the Public Improvements are being
performed. Developer shall require Developer's Inspector to cooperate with and respond to requests
and questions from the City's Engineer and City Inspectors to confirm that construction of the Public
Improvements is being completed in accordance with the Plans and all applicable ordinances,
. regulations and standards. As provided in Paragraph 7 ofthis Agreement, Developer or Developer's
Inspector shall notify the City Engineer when the Public Improvements, or any portion thereof, are
completed and ready for a final inspection.
In connection with the construction of the Public Improvements, Developer shall restore all
City streets, sidewalks, public and private 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 except to the extent the Plans call for the
abandonment, modification or removal of such streets, sidewalks, public and private utilities and
other public facilities and property.
Within sixty (60) days after the completion of the Public Improvements, Developer shall
supply the City with the following: (a) a complete set of reproducible mylar as-built plans, (b) two
.
c:hopcivil\CondU se.SuperV alu 5
. 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 NAD 83 Hennepin County Ground
Coordinates.
ii. All Cell Libraries and Line Styles shall be included.
iii. Level structure shall conform to current Hopkins Level Structure.
5. 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 Public Improvements and the
Developer Improvements. Such license shall terminate upon the latter of: i) the date of final
acceptance of the Public Improvements by the City in accordance with the provisions of Paragraph
. 7 of this Agreement; or ii) the date of completion of the Developer Improvements, as evidenced by
issuance of a Certificate of Occupancy for the Project.
6. Additional Conditions and Requirements. Developer agrees that the Conditional
Use Permit has been issued subject to and that Developer shall perform and satisfy the following
conditions and requirements:
A. Plattinu. Developer shall submit to the City, for approval in accordance with all
statutes and ordinances applicable thereto, a plat or replat which includes all of the Real
Property ("Plat"). Prior to execution of the Plat by the city or the issuance of a Building
Permit for the Project, Developer shall, at Developer's sole expense, satisfy all terms,
conditions and requirements affinal approval of the Plat by the Hopkins City Council and
the ordinances, statutes and requirements of the City, Hennepin County, Milmesota, and the
. State of Minnesota, applicable to the Plat. The Plat shall include all of the Real Property in
c :hopcivi I\CondUse. SupcrV al u 6
. a single platted lot. Prior to execution of the Plat by the City or issuance of a Building
Permit for the Project, Developer shall pay the Park Dedication Fee due to the City under
Section 500.75 of the Hopkins City Code, in the amount of$11O,665.00.
B. Hei~ht Variance. Prior to the issuance of a Building Permit for the Project the
i
Developer shall comply with and satisfY all terms, conditions and requirements of the
building height variance granted to Developer by City Council Resolution No. 2000-51.
C. Street Vacation. The Developer shall perform and satisfY all terms, conditions and
requirements of the vacation of Sixth A venue South pursuant to City Council Resolution No.
2000-49. Those conditions and requirements include removal of street improvements and
relocation of utilities as depicted and specified in the Plans, at Developer's cost. Developer
shall submit a street closure plan to the City on or before September 29,2000, which street
. closure plan shall be subject to approval by the City. The City shall notify Developer of any
required changes to the street closure plan within ten (10) days of delivery thereof, and
Developer shall incorporate any reasonable changes requested by City in the street closure
plan. Developer shall effect the closing of vacated Sixth Avenue South in accordance with
the approved street closure plan within fourteen (14) days of the City's final approval of such
plan. The City shall retain a permanent easement for public utility purposes over all of
vacated Sixth Avenue South, as specified in City Council Resolution No. 2000-49.
D. Storm Water Mana~ement Plan. Prior to issuance of a Building Permit for the
Project, Developer shall submit a Storm Water Management Plan to the City together with
such other evidence as the City shall reasonably require demonstrating that the increased
. impervious surface within the area of vacated Sixth A venue South complies with the
standards and requirements of Section 546 of the Hopkins City Zoning Ordinance and does
c; hopcivil\Cond U se.super V al u 7
. not adversely impact the current Fifth Avenue south storm sewer system. The Storm Water
Management Plan must be approved by and acceptable to the City Engineer. The Developer
shall also comply with all requirements ofthe approved Storm Water Management Plan and
execute and deliver to the City a Maintenance and Right of Entry Agreement in the form
required by the City for access to and maintenance of storm water management
improvements to be constructed on the Real Property. Applicant shall also, prior to issuance
of a Building Permit for the Project, obtain approval from the Nine Mile Creek Watershed
District of the Storm Water Management Plan for the Project.
E. Noise Standards. Applicant's use of the Project and the activities to be conducted
on the Real Property shall comply with all applicable federal, state and municipal codes,
statutes, ordinances, regulations and standards regulating noise emissions ("Noise
. Standards"). To effect such compliance, Developer agrees that Developer shall implement,
construct and observe all noise mitigation and noise abatement improvements,
recommendations and measures described in the Memoranda, dated June 22 and July 17,
2000, and the Noise Impact Assessment, Supplemental Report, West Staging Area, dated
August 28,2000, prepared by David Braslau Associates, Incorporated, and all attachments
thereto (collectively the "Noise Abatement Reports"). The final Plans shall incorporate all
recommendations of the Noise Abatement Reports, including the location and design of the
noise wall and additional landscaping for the wall to be constructed adjacent to the existing
perishable warehouse facility constituting a part of the Project. The noise wall shall be of
the same design and construction as the wall previously constructed by Developer on the
Property directly to the east of the Real Property and shall be constructed by Developer as
. soon as reasonably possible and, in any event, before the issuance of a Certificate of
c: hopcivil\CondUse. SuperValu 8
. Occupancy for any part of the Project. At such time as the final Plans have been approved,
the City shall obtain a report from David Braslau Associates, Incorporated, or another
consultant acceptable to the City confirming that the Plans comply with the recommendations
i
of the Noise Abatement Reports such that it is anticipated the Project will comply with Noise
Standards. Developer shall reimburse the City for the cost of such report. Following
completion of the Project, Developer shall retain a qualified noise consultant reasonably
acceptable to the City who shall conduct monitoring of noise levels generated by the
operation and use of the Project, at Developer's expense, for the purpose of determining
whether the operation of the Project is in compliance with Noise Standards. Such noise level
monitoring shall be conducted annually, with the initial monitoring to be conducted sixty
(60) days after the issuance of a Certificate of Occupancy for the Project and subsequent
. monitoring to be conducted on each anniversary date ofthe initial noise level monitoring, for
a period of five (5) years. The noise level monitoring performed by the noise consultant
retained by Developer shall be sufficiently comprehensive to demonstrate the compliance of
the Project and its operation with Noise Standards, and the noise consultant retained by
Developer shall prepare a written report, addressed to the City stating the results of its annual
monitoring of noise levels in form and content reasonably acceptable to the City, and deliver
a copy of each such written report to the City. If the City reasonably determines that noise
level monitoring in addition to such arumal monitoring is necessary to determine whether the
operation of the Project complies with Noise Standards, Developer agrees that it shall cause
its consultant to performance such additional noise level monitoring upon request by the City
at Developer's expense, and deliver written reports thereof to the City. Developer shall
. reimburse the City for all out-of-pocket fees and expenses incurred by the City to monitor
c:hopcivIJlCondUse.SuperValu 9
. noise levels, review noise monitoring reports and otherwise assess compliance with Noise
Standards, including attorney's and consultant's fees. Ifit is determined at any time that the
operation of the Project does not comply with Noise Standards, Developer shall be
responsible for implementation of such further measures as the City shall require to ensure
i
compliance with Noise Standards.
F. Compliance with Traffic Study. The final Plans shall comply with the
recommendations of the Traffic Study for SuperValu Warehouse Expansion, dated June,
2000, prepared by Benshoof & Associates, Inc. ("Traffic Study"), as modified or explained
in this Agreement. Developer shall also complete, at Developer's sole expense, all of the
roadway, intersection and other traffic improvements, sidewalks and trails recommended by
the Traffic Study that are described in this Agreement, including work and improvements
. located on City-owned right of way that is not part of the Real Property. Specifically,
Developer agrees that it shall comply with, perform and complete the following terms,
conditions, improvements and recommendations of the Traffic Study:
1. As part of the Project, Developer agrees it shall reconstruct the intersection of Fifth
and Sixth Streets South with Tenth Avenue South (the "Intersection") according to
a design approved by the City. Reconstruction of the Intersection shall be
accomplished as follows:
a) Developer shall exercise reasonable efforts and proceed with all due
diligence to enter into a binding Purchase Agreement or Purchase
Agreements, on or before December 31, 2000, by which Developer shall
. acquire the two privately-owned parcels located north of Sixth Street South,
c :hopcivil\CondUse. SuperVal u 10
. west of Fifth Street South and east of 11th A venue South (collectively the
"Third Party Property"), at Developer's sole expense.
b) In the event Developer is unable to enter into a binding Purchase Agreement
or Purchase Agreements, on or before December 31, 2000, by which
Developer shall acquire the Third party Property then, upon written request
by the Developer delivered to the City within five (5) business days of such
date, the City agrees that it shall proceed with acquisition ofthe Third Party
Property and shall, if necessary, acquire the same by means of eminent
domain, subject to compliance with all statutory and other legal requirements
applicable thereto. If Developer fails to deliver such written request to the
City within said five (5) business day period, Developer shall be conclusively
. deemed to have waived the option to request that the City acquire the Third
Party Property, and Developer shall be deemed to have elected to proceed
under Subparagraph d), below. Should Developer request that the City
acquire the Third Party Property by means of eminent domain, Developer
agrees to reimburse the City for and hold the City harmless from all costs,
awards and expenses, of whatever kind or nature, incurred by the City in
acquiring, or attempting to acquire, the Third Party Property, including aU
costs and expenses incurred in any eminent domain proceeding that is
abandoned by the City, and including, but not limited to, the actual
acquisition costs, relocation assistance payments, and all appraiser's,
attorney's and consultant's fees incurred to complete such acquisition. The
. City reserves the right to abandon any eminent domain proceeding that is
c :hopcivil\CondUse.SuperV alu 11
I
I
. initiated to acquire the Third Party Property, in the City's sole discretion, and
shall notify Developer of such abandonment within five (5) business days.
In the event the City abandons such eminent domain proceeding, the
provisions of Subparagraph d), below, shall apply to the redesign and
reconstruction of the Intersection.
c) In the event the Third Party Property is acquired by Developer or the City as
provided in Subparagraphs a) and b), above, Developer shall reconstruct the
Intersection as depicted as Option C at Figure 17 of the Traffic Study
("Option C"). Upon acquisition of the Third Party Property, Developer shall
promptly complete the final design and engineering plans for reconstruction
of the Intersection pursuant to Option C and submit such final design and
. plans to the City for approval. Developer agrees that it shall complete the
reconstruction of the Intersection according to Option C as soon as
reasonably practicable after final approval by the City ofthe design and plans
for such reconstruction of the Intersection and in any event no later than
December 31, 2001. That part of the Third Party Property that is needed for
road right-of-way and for reconstruction of the Intersection or for utility
easements shall be retained by or transferred to the City, and the balance of
the Third Party Property shall be retained by or transferred to Developer. In
addition, if a portion of the Real Property is required for road right of way in
order to reconstruct the Intersection, Developer shall transfer such right of
way to the City, without cost to the City. In either case, the transfer to or
. retention by the City of any road Tight of way or easements shall be at no cost
c:hopcivil\CondU se.SuperV alu 12
. to the City. The area to be transferred to or retained by the City for road right
of way and reconstruction ofthe Intersection shall not exceed a 66 foot right-
of-way width, provided that all of the Third Party Property lying southerly
and southeasterly of the road right of way shall also be transferred to or
retained by the City. i
d) In the event the Third Party Property is not acquired by Developer or the City
as provided in Subparagraphs a) and b), above, including abandorunent of an
eminent domain proceeding by the City, Developer agrees that it shall
reconstruct the Intersection according to a design approved by the City, which
design shall not incorporate Option C. The City shall select the alternative
design for the Intersection as soon as reasonably possible, shall promptly
. notify Developer of the alternate design selected by the City for
reconstruction of the Intersection, and Developer shall promptly cause to be
prepared and delivered to the City, a design and plans for the reconstruction
of the Intersection. Developer shall reconstruct the Intersection according to
the final design and plans therefor as approved by the City as soon as
reasonably practicable after final approval of such plans by the City and in
any event no later than December 31, 2001. If the approved design for
reconstruction ofthe Intersection requires the acquisition of additional public
right of way or easements from private landowners, Developer shall exercise
reasonable efforts and proceed with all due diligence to acquire such
Additional Right of Way or easements, which are to be granted, transferred
. to or dedicated to the City, at Developer's sole expense. In the event
c:hopcivil\CondUse. Super V alu 13
. Developer is unable to acquire such additional right of way or easements !
i
I
within thirty (30) days of the date on which the City Council approves the
final design for reconstruction of the Intersection, the City agrees that it shall
proceed with acquisition of such public right-of-way or easements and shall,
if necessary, acquire the same by means of eminent domain, subject to all
legal and statutory requirements applicable thereto. Developer agrees to
reimburse the City for and hold the City harmless from all costs, awards and
expenses, of whatever kind or nature, incurred by the City in acquiring right-
of-way or easements for the Intersection, including, but not limited to, the
actual acquisition costs together with all appraisers, attorneys and consultant
fees incurred to complete such acquisition. In the event it is necessary to
. acquire additional right of way or easements for reconstruction of the
Intersection under this Subparagraph d), the date by which Developer must
complete reconstruction of the Intersection shall be postponed as necessary
to allow for delays resulting from such acquisition.
e) If, subsequent to the reconstruction of the Intersection, Developer acquires
the Third Party Property, Developer agrees that it shall redesign and
reconstruct the Intersection according to Option C, at Developer's sole cost,
and agrees that the provisions of Subparagraph c) above, shall be applicable
to such redesign and reconstruction, including dedication of the necessary
road right-of-way or easements to the City.
ii. Developer shall also complete the reconstruction of Fifth Street South and Sixth
. Street South, including roadway width modifications, sidewalks and
c:hopcivil\CondU se,Super V alu 14
--
. pedestrian/bicycle trail construction, as shown at Figure 16 of the Traffic Study
("Street Reconstruction"). The Street Reconstruction shall be accomplished as I
follows:
a) Simultaneously with or as soon as reasonably practicable after final approval
of the design and plans for reconstruction of the Intersection as provided in
Paragraph 6.F, i), above, Developer shall submit a preliminary design and
plans for the Street Reconstruction, which shall be subject to approval by the
City. The City shall notify Developer of any required changes in the final
design and plans for the Street Reconstruction, and Developer shall cause the
final plans for the Street Reconstruction to be revised to incorporate such
revisions. The Developer and the City shall cooperate with one another in
. approving and completing final designs for the Street Reconstruction, and
Developer agrees to submit final plans for the Street Reconstruction within
sixty (60) days of the date on which the final design for the Intersection has
been determined in accordance with the provisions of Paragraph 6.F.i),
above. Developer agrees that the Plat shall include dedication of any
additional right of way needed for the Street Reconstruction.
b) The City and Developer anticipate that the Street Reconstruction and/or
construction of fencing and sound barriers as described in Paragraph 6.1,
below, shall require the use of between four and five feet of public road right
of way along the northerly and westerly boundaries of Fifth Street South and
. Sixth Street South to accommodate construction of fencing, sound barriers
and landscaping improvements adjacent thereto so that the existing road right
c :hopcivi I\CondUsc.SuperV alu 15
-- --
. of way and/orboulevard width will be maintained. Therefore, the City agrees
that it shall, at the City's option, either:
aa) vacate between four and five feet of public road right of way along
I
the northerly and westerly boundaries of such right of way, as !
necessary to accommodate the Street Reconstruction and/or
construction of fencing, sound barriers and adjacent landscaping,
subject to compliance with all legal and statutory requirements
applicable thereto; or
bb) Enter into a License and Use Agreement with Developer, containing
terms and conditions reasonably acceptable to the City, which will
grant Developer the right and license to use between four and five
. feet of public road right of way, as necessary to accommodate the
Street Reconstruction and/or construction of fencing, sound barriers
and adjacent landscaping, such License and Use Agreement to remain
in effect for the benefit of Developer for so long as the fencing, sound
barriers and adjacent landscaping are maintained as part of the
Project.
In order to maintain public road right-of-way width, the City shall be entitled
to require that new public road right of way be acquired on the southerly and
easterly boundaries of the right of way of Fifth Street South and Sixth Street
South, in the manner described in Subparagraph c), below, to replace the road
right-of-way area that is vacated or subjected to such License and Use
. Agreement.
c :hopci vi I\CondUse. SuperV alu 16
. c) In the event the Street Reconstruction or construction of fencing, sound
barriers and landscaping as described in Subparagraphs a) and b), above,
requires acquisition of right of way or easements from third parties (such
Additional Right of Way easements being herein referred to as "Additional
Right of Way"), the Additional Right of Way shall be acquired as follows:
Developer shall exercise reasonable efforts and proceed with all due
diligence to acquire the Additional Right of Way, at Developer's sole
expense. In the event Developer is unable to acquire or enter into a binding
agreement to acquire the Additional Right of Way within thirty (30) days of
the date on which Developer has been notified of the City's approval of the
final design and plans for the Street Reconstruction, the City agrees that it
. shaU proceed with acquisition of the Additional Right of Way and shall, if
necessary, acquire the same by means of eminent domain, subject to all legal
and statutory requirements applicable thereto. Developer agrees to reimburse
the City for and hold the City harmless from all costs, awards and expenses,
of whatever kind or nature, incurred by the City in acquiring the Additional
Right of Way, including, but not limited to, the actual acquisition costs,
relocation assistance payments and aU appraisers, attorneys and consultant
fees incurred to complete such acquisition. The Additional Right of Way
shall be transferred to or retained by the City, without cost to the City. In the
event it is necessary to acquire the Additional Right of Way for the Street
Reconstruction, the date by which Developer must complete such
. reconstruction shall be postponed as necessary to allow for delays resulting
c :hopci vi I\CondUse. SuperVal u 17
. from such acquisition, provided that, if the Additional Right of Way is
needed only for sidewalk or trail construction, Developer shall proceed with
all of the other Street Reconstruction work, and the trail and sidewalk
reconstruction shall be postponed pending acquisition ofthe Additional Right
of Way.
d) Developer agrees that it shall complete all of the Street Reconstruction as
soon as reasonably practicable, and in any event, no later than December 31,
2001.
Hi. Developer agrees that it shall construct all sidewalks and trails as recommended in
the Traffic Study and depicted at Figure 14 of the Traffic Study, including
construction of a trail north of Third Street connecting with the regional trail system
. (Option B as depicted in Figure 14). As part of such sidewalk and trail construction,
Developer shall construct the asphalt trail along the east side of 11 th A venue South
to connect with the existing asphalt trail north of the Project.
In the event the sidewalk and trail construction referred in this Subparagraph iii.,
requires the acquisitions of easements from third parties (such easements from third
parties being herein referred to as "Trail Easements"), the Trail Easements shall be
acquired as follows: Developer shall exercise reasonable efforts and proceed with
all due diligence to acquire the Trail Easements, at Developer's sole expense. In the
event Developer is unable to acquire the Trail Easements within thirty (30) days of
the date on which the City notifies Developer that it has approved the Planes) for the
sidewalk and trail construction, the City agrees that it shall proceed with acquisition
. of the Trail Easements and shall, if necessary, acquire the same by means of eminent
c: hopcivillCondUse.SuperV alu 18
- -.--
. domain, subject to all legal and statutory requirements applicable thereto. Developer
agrees to reimburse the City for and hold the City harmless from all costs, awards and
expenses, of whatever kind or nature, incurred by the City in acquiring the Trail
Easements, including, but not limited to, the actual acquisition costs together with all
appraisers, attorneys and consultant fees incurred to complete such acquisition. The
Trail Easements shall be transferred to or retained by the City, without cost to the
City. In the event it is necessary to acquire the Trail Easements for the sidewalk and
trail construction, the date by which Developer must complete such reconstruction
shall be postponed as necessary to allow for delays resulting from such acquisition.
Provided that Developer shall proceed with all sidewalk and trail construction that
does not require acquisition of Trail Easements.
. iv. Attached to this Agreement as Exhibit C is a Memorandum, dated September 25,
2000, prepared by David Bade of Planmark, describing the proposed plan by
Developer for the reduction and eventual elimination oftruck traffic at the existing
driveway access to 11 In A venue South, which is located north of Sixth Street South,
for the SuperValu Perishable Warehouse Facility. As promptly as possible after the
date ofthis Agreement, Developer shall prepare and submit a preliminary design and
plans incorporating the measures described in the Memorandum attached hereto as
Exhibit C and otherwise depicting the manner in which truck traffic at the existing
driveway access to I I tn A venue South shall be reduced and eliminated. Such
preliminary plans shall be subject to approval by the City, the City shall notifY
Developer of any required changes in such preliminary plans, and Developer shall
. cause the final plans for reduction and elimination of truck traffic to be revised to
c :hopcivil\CondUse. SllperValll 19
. incorporate the revisions requested by the City. The Developer and the City shall
cooperate with one another in approving and completing the final design and plans
for the reduction and elimination of truck traffic at the driveway access to 11 th
A venue South. Developer agrees to implement such final plan for the reduction and
eventual elimination oftraffic at the existing driveway access to 1 I th A venue South
and to permanently discontinue and abandon such driveway access no later than
December 1, 2002. In the event Developer fails to discontinue and abandon such
driveway access to 11th A venue South by December 1, 2002, Developer agrees that
it shall, in addition to any other remedy available to the City at law or under this
Agreement, pay to the City a penalty of $1,000.00 per day for each day after
December 1, 2002 that such driveway access to 11th Avenue South has not been
. discontinued and abandoned.
v. Subject to Developer's obtaining approval from Hennepin County, Developer shall
complete reconstruction of the westbound to southbound left turn lane at the
intersection of Excelsior Boulevard (Hennepin County Road No.3) and Fifth
Avenue, as depicted at Figure 18 of the Traffic Study.
vi. The City shall complete the restriping of 11th Avenue South and installation of new
signage as proposed and recommended at Figure 13 of the Traffic Study. Developer
shall reimburse the City for all costs and expenses incurred by the City in performing
such work.
vii. The City shall install all way Stop sign control at the intersection of Third Street
South and Washington Avenue. Developer shall reimburse the City for all costs and
. expenses incurred by the City in performing such work.
c :hopci vil\CondUse.Super V alu 20
i
. viii. Developer shall also complete all grading and landscaping work that is required to
restore right of way, easement, trail and sidewalk areas in conjunction with
completion of the Public Improvements described in this Subparagraph 6.F.
ix. All of the facilities and improvements recommended by the Traffic Study and
described in Subparagraphs i., ii., iii., V., vi., vii.. and viii. ofthis Paragraph 6.F. shall
be Public Improvements subject to all terms, covenants and conditions of this
Agreement applicable to the Public Improvements.
G. Acquisition of Third Party Property. or the Residue ofthe Third Party Property
Followine Its Acquisition By the City. In the event Developer acquires the Third Party
Property, Developer agrees that any change in use, other than for parking purposes, ofthat
part of the Third Party Property that is retained by Developer and is not transferred to or
. retained by the City, shall require approval by the City, including, if applicable, approval of
a Conditional Use Permit. In addition, ifthe Developer acquires the Third Party Property or
the residue thereof following its acquisition by the City, Developer agrees that it shall
reconstruct the existing sound barrier and install landscaping and screening along the
southerly boundary of the Third Party Property or the residue thereof following its
acquisition by the City, of similar quality and design as the sound barrier, landscaping and
screening improvements to be completed by Developer as part of the Project pursuant to the
Plans and this Agreement. Promptly after Developer's acquisition of the Third Party
Property, or the residue thereoffollowing its acquisition by the City, Developer shall submit
a landscaping and screening design plan for the landscaping and screening improvements to
be installed on the Third Party Property by Developer. Such sound barrier landscaping and
. screening improvements shall be subject to the approval of City Staff.
c :hopciviJ\CondUse.SuperV aJu 21
--
. H. Liehtine Plan. Prior to issuance of a Building Permit for the Project, Developer shall
submit a lighting plan for the Project prepared by Planmark or another consultant reasonably
acceptable to the City showing the design of light fixtures and the height, type of lights and
photometries of the lighting to be installed for the Project. Such lighting plan shall be
acceptable to City Staff, and the Developer shall comply with all requirements ofthe lighting
plan, at Developer's sole expense.
I. Fencin~ and Sound Barriers. Prior to issuance of a Building Permit for the Project,
Developer shall submit the final design for the earth berm and fence/sound barrier to be
constructed along the southerly boundary of the Project, and shall cause the Plans to be
revised to incorporate such final design. The final design for the earth berm and fence/sound
barrier shall be subject to approval by City Staff. Developer agrees that it shall complete
. construction of the earth berm and fence/sound ban'ier as soon as reasonably practicable and
in any event no later than the issuance of a Certificate of Occupancy for any part of the
Project by the City.
J. Easements. The Developer shall grant to the City permanent utility and drainage,
trail, sidewalk or other easements as required for the establislunent, use, repair or
maintenance of any of the Public Improvements.
7. Acceptance of Ownership of Public Improvements. Upon completion of
construction of the Public Improvements, and final acceptance and approval of the Public
Improvements by the City, all of the Public Improvements located within or upon any public
easements, rights-of-way or City-owned land shall become the sole property of the City, or, in the
. case of Public Improvements constructed within the right of way of Hennepin County Road 3, the
c :hopcivj I\CondUse, SuperV alu 22
. sole property of Hennepin County, and Developer shall transfer the Public Improvements to the City
or Hennepin County, as the case may be, free and clear of all liens and encumbrances.
At such time as the Public Improvements have been completed, Developer's Inspector,
representatives of Developer's contractors, and a representative of Developer's Engineer will make
a final inspection of the Public 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 Public Improvements to be submitted by Developer or its representatives to the
contractor(s) responsible for completion of the Public Improvements to assure that the same are
completed in accordance with the requirements of this Agreement. As a condition of its acceptance
oftitle to any of the Public 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 and has made payment in full for all work comprising
the Public Improvements. Before the City accepts title to the Public Improvements, the City
Engineer shall be reasonably satisfied that all of the Public Improvements have been completed in
accordance with the Plans and the requirements of this Agreement and that Developer has made
payment in full for all of the work comprising the Public Improvements. Final acceptance of the
Public Improvements by the City shall be evidenced by a resolution duly adopted by the City Council
of the City, which shall not be unreasonably withheld or delayed.
8. Warranty. Developer warrants that all work comprising the Public Improvements
shall be free from defective materials or faulty workmanship for a period of two (2) years after
acceptance of the Public 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 Public Improvements which are
c:hopcivil\CondU se.SuperV alu 23
;
,
. 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 City for all out-of-
pocket costs incurred by the City in cOlmection with the preparation, negotiation and execution of
this Agreement and the administration, performance and enforcement of this Agreement and the
Conditional Use Permit. 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 Agreement, including, without limitation, traffic, development, fiscal, noise level
consultants, environmental, geotechnical, surveying, engineering, inspections or legal services.
10. On-Site Improvements. (Intentionally Omitted)
. 11. Other Governmental Approvals. Developer shall obtain all required approvals
and/or permits from the Mitmesota Pollution Control Agency, Minnesota Department of
Transportation, Hennepin County, the Nine Mile Creek Watershed District and any other govern-
mental authorities whose approval is required for the construction of the Public Improvements or the
Developer Improvements and operation of the Project on the Real Property. Developer shall
maintain all such required permits and comply therewith at all times.
12. Time of Performance. Developer agrees that it shall commence and complete
construction of all of the Public Improvements, as follows:
A. If specific dates are stated elsewhere in this Agreement for the commencement and
completion of any part of the Public Improvements, Developer agrees to commence
and complete construction of such Public Improvements by the dates stated.
.
c:hopc ivil\CondUse.Super Valu 24
. B. All ofthe sidewalk and trail constmction described in Subparagraph Iii of Paragraph
6.F. of this Agreement, other than the sidewalk and trail construction work to be
I
completed as part of the Street Reconstruction work or construction of the
Intersection, shall be completed by July 1,2001. However, any sidewalk and trail
construction requiring acquisition of easements or right of ways from third parties
shall be completed as reasonably practicable after such acquisition.
C. The Public Improvements described in Subparagraphs vi and vii of Paragraph 6.F.
of this Agreement shall be completed prior to the effective date of the vacation of
Sixth A venue South.
D. For all Public Improvements other than those referenced in Subparagraphs A., B. and
c., above, Developer shall commence construction of such Public Improvements as
. soon as reasonably practicable after the date of this Agreement or the date of final
approval by the City Council ofthe Planes) for the Public Improvement in question,
whichever is later, and substantially complete construction of all of the Public
Improvements no later than December 31, 2001.
Developer acknowledges it has been advised that Subdivision 7 of Section 525.13 of the Hopkins
City Code of Ordinances requires that Developer's use ofthe Project be in effect within one (1) year
after the date of issuance of the Conditional Use Permit, subject to extension of such one (1) year
period, in accordance with said Subdivision 7.
13. Compliance With Conditional Use Permit Requirements. Developer agrees that
it shall complete the Public Improvements in compliance with this Agreement, the Conditional Use
Permit and the provisions of the City's Code of Ordinances, including, but not limited to Hopkins
. City Ordinance Section 525.13. The terms, conditions and restrictions established by this Agreement
c: hopcivit\CondUse. SuperVatu 25
---
. and the Conditional Use Permit 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 and their
respective successors and assigns, and shall operate as a covenant passing with the title to the Real
Property and any part thereof. All of said terms, 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
terms, conditions and restrictions established by this Agreement are perpetual in duration, except as
may be specifically otherwise provided in this Agreement. The terms, conditions and restrictions
established by this Agreement may, however, be terminated and released at any time, in whole or
in part, by the City by means of a written Release, in recordable form, duly executed by the City,
provided that the City shall be under no obligation to release any of such terms, conditions or
restrictions except that, upon satisfactory completion of the Public Improvements in compliance with
. the requirements of this Agreement, the City shall execute and deliver to Developer a certificate, in
recordable form, certifying as to Developer's compliance with the provisions of this Agreement
applicable to constmction of the Public Improvements.
14. Security and Claims. To guaranty Developer's compliance with the terms ofthi8
Agreement, payment of the cost of all Public Improvements and completion of construction thereof,
Developer shall deliver to the City the following Letters of Credit and/or surety bond acceptable to
and in favor ofthe City (the "Security") issued by a bank or surety reasonably acceptable to the City.
The Security for the landscaping improvements comprising a part of the Developer Improvements
shall be delivered to the City before issuance of a Building Permit for the Project. The amount of
such Security for landscaping improvements shall be equal to 150 percent of the estimated cost of
the landscaping improvements, as established by a written estimate submitted by Developer's
. landscaping contractor. The Security for the Public Improvements shall be delivered to the City
c: hopcivil\CondU se.SuperV alu 26
-...--
. before commencement of construction of the Public Improvements or issuance of a permit by the
City permitting commencement of such construction. The amount of such Security for the Public
Improvements, other than landscaping improvements, shall equal 100 percent of the cost of such
Public Improvements, as established by: i) the actual cost of completion of construction of such
Public Improvements as stated in the written contracts or subcontracts for their construction and
installation with the contractors or subcontractors retained by Developer or 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 Public Improvements and payment of the entire cost
thereof, and the form and content of the Security shall be subject to the reasonable approval of the
City. Developer shall maintain the Security in effect for a term ending one (1) year after the date on
. which Developer has substantially completed the Public 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 ofthe original Security to the City. Thereafter, no later than thirty (30) days
before the expiration of the Security, 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 Termination Date. If Developer fails to deliver
such original written evidence of extension of the Security at least thirty (30) days before expiration
ofthe Security, Developer shall be deemed to be in default under this Agreement and the City may
draw upon or enforce the Security. The City may draw upon or enforce the Security for any violation
of the terms of this Agreement which is not cured within ten (10) business days after written notice
. to the Developer. If the Public Improvements are not completed by the dates for their completion
c:hopcivil\CondUse.SuperValu 27
. stated in Paragraph 12 of this Agreement, the City may also draw upon or enforce the Security. If
the Security is drawn upon, the draw shall bc used to curc the default (including completion of the
i
,
Public Improvements by the City) and may also be used to payor reimburse the City [or any cost,
expenses or damages recoverable under Paragraph 15 of this Agreement. The Security, minus any
amounts drawn thereon, shall be released to Developer on the Telmination Date, provided: i)
Developer is not in default in the performance of its obligations under this Agreement; and ii) the
Security shall not be released on the Termination Date if a demand or proceeding is then pending
to enforce the Security.
In the event the City receives notice of or claims from laborers, materialmen or others
contributing to the Public 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 Public Improvements or the Real Property on which the Publie
Improvements have been installed, and if such 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 Ci viI Procedure for the District Courts, 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 cOlmection with
c:hopcivil\CondUse. Super Valu 28
--
. Developer's failure to comply with the terms, covenants, conditions and requirements of this
Agreement.
15. Enforcement of Agreement. The terms, conditions, requirement.s and restrictions
established by this Agreement shall be enforceable exclusively by the City of Hopkins, Minnesota,
and shall be enforceable 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 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 Public Improvements.
B. All costs and expenses incurred by the City in curing any other default by Developer
. in the performance of any ofthe terms, covenants and conditions of this Agreement.
C. All reasonable costs and expenses for engineering, legal and administrative expenses
incurred by the City in enforcing Developer's performance of this Agreement or the
completion of construction of the Public Improvements.
D. Any other remedy or sanction provided by Minnesota Statutes or the Ordinances of
the City of Hopkins.
Developer acknowledges that the fights of the City to enforce performance ofthe terms, conditions,
requirements and restrictions established by this 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 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 Agreement, the City, may, at its option, initiate and prosecute an action
c:hopcivil\CondUsc. SuperValu 29
.
. to specifically enforce the performance of the terms, conditions and restrictions established by this
Agreement. No remedy specified in this 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 of the terms, conditions and restrictions established by this Agreement in any particular instance
shall 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 ofthis Agreement.
16. Notices. Any notice, request or other communication required or provided to be
given under this Agreement shall be in writing and shall be deemed to be duly given when delivered
personally to an officer 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: SUPERVALU INC.
Attention: Legal Department
11840 Valley View Road
Eden Prairie, Minnesota 55344
To City: City of Hopkins
Attention: City Manager
1010 First Street South
Hopkins, Minnesota 55343
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 of the terms, conditions, provisions or restrictions
of this Agreement, whether by Court Order or otherwise, shall in no way affect any of the other
terms, conditions, provisions and restrictions, all of which shan remain in full force and effect.
.
c :hopcivi1\CondUse.SuperV alu 30
. .
. 18. Headin{:s. The headings and captions at the beginnings of paragraphs of this
Agreement are for convenience of reference only and shall not influence its construction.
19. Execution of Counterparts. This 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 Agreement shall be construed and enforced in accordance with
the laws of the State of MilUlesota.
21. Evidence of Title and Recordation of Conditional Use Permit. Prior to the
execution of this Agreement, Developer shall provide the City with evidence of title to the Real
Property, at Developer's expense, in the form of a current Title Opinion or Commitment for Owner's
Title Insurance showing fee title to all of the Real Property in the name of Developer. Developer
. shall cause this 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 that
this Agreement and the Conditional Use Permit shall be filed for record as a restriction and
encumbrance upon the title to the Real Property.
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of
the date and year first above written.
SUPERVALU INC.
By
Its
.
c:hopciviJ\CondUse.Super VaJu 31
.
. CITY OF HOPKINS
By
Its
By
Its
STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by , the
, of SUPERV ALU INC., a corporation under the laws of
. Delaware, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2000, by and
, the and
, respectively, 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:hopcivi1\CondUse.SuperValu 32
.
. EXHIBIT A
Tract A (torrens property):
Parcel 1:
Lots 1. 2. 3 and 4, Block 39;
Lots 1, 2, 3,4, 17, 18, 19, 20, 21,22.23 and 24, Block 52;
That part of the West 1/2 of vacated 9th Avenue lying between extensions across it of
the Northwesterly line of Block 39 and the North line of Block 52;
That part of the East 1/2 of vacated 10th Avenue lying between extensions across it of
the North and South lines of Block 52;
That part of vacated Railway Boulevard lying between extensions across it of the center
line of 9th Avenue and the North line of Block 52;
That part of vacated 5th Street South lying between extensions across it of the West
line of 9th Avenue and the Easterly line of Railway Boulevard;
Lots 1,2,3,4,5,6,7,8, 12, 13.14, 15, 16, 17, 18, 19 and 20, Block 53;
. That part of the vacated alley in Block 53 lying between extensions across it of the
South line of Lot 15 and the Northwesterly line of Lot 20;
That part of the West 1/2 of the vacated alley in Block 53 lying between extensions
across it of the South line of Lot 12 and the South line of Lot 15;
That part of the West 1/2 of vacated 10th Avenue lying between extensions across it of
the South line of Lot 8. Block 53 and the North line of Block 52;
That part of the vacated Railway Boulevard lying between extensions across it of the
East line of 11th avenue and the North line of Block 52;
All in "West Minneapolis", according to the recorded plat thereof, Hennepin County,
Minnesota.
Parcel 2:
Lots 5. 6, 7, 8, 9, 13, 14, 15 and 16, Block 52, the vacated alley in Block 52 lying
between extensions across it of the North and South lines of said Block and that part of
the West Half of vacated 9th Avenue lying between extensions across it of the North
and South lines of Block 52, all in "West Minneapolis". according to the recorded plat
thereof, Hennepin County, Minnesota;
.
A -1-
;
.
except those parts of the above described premises which lie Southerly and
. Southeasterly of a line described as follows:
Beginning at the intersection of the center line of 5th Street South and the center
line of 7th Avenue as dedicated in the recorded plat of "West Minneapolis";
thence Westerly along the Westerly extension of the center line of said 5th Street
South, a distance of 127.00 feet; thence Westerly, a distance of 576.03 feet
along a tangential curve concave to the South, having a radius of 835.19 feet
and a central angle of 39 degrees, 31 minutes, 00 seconds; thence
Southwesterly, a distance of 255.54 feet along a compound curve concave to the
Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59
minutes, 00 seconds; thence Southwesterly, tangent to the last described curve,
a distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along
a tangential curve concave to the Northwest, having a radius of 183.69 feet and
a central angle of 65 degrees, 26 minutes, 00 seconds and said line there
terminating.
Tract 8 (abstract property):
That part of Lot 7, Auditors Subdivision Number 195, Hennepin County, Minnesota,
lying westerly of the Westerly right-of-way line of 7th Avenue South as dedicated in the
recorded plat of West Minneapolis and its northerly extension, and that part of the East
Half of vacated 9th Avenue lying between extensions across it of the northwesterly line
. of Railway Boulevard and the south line of Block 52, West Minneapolis, except those
parts thereof which lie Southerly and Southeasterly ot-a line described as follows:
Beginning at the intersection of the center line of 5th Street South and the center
line of 7th Avenue as dedicated in the recorded plat of "West Minneapolis";
thence Westerly along the Westerly extensiol') of the center line of said 5th Street
South, a distance of 127.00 feet; thence Westerly, a distance of 576.03 feet
along a tangential curve concave to the South, having a radius of 835.19 feet
and a central angle of 39 degrees, 31 minutes, 00 seconds; thence
Southwesterly, a distance of 255.54 feet along a compound curve concave to the
Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59
minutes, 00 seconds; thence Southwesterly, tangent to the last described curve,
a distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along
a tangential curve concave to the Northwest, having a radius of 183.69 feet and
a central angle of 65 degrees, 26 minutes, 00 seconds and said line there
terminating.
Tract C (abstract property):
That part of Lot 7, Auditor's Subdivision Number 195, Hennepin County, Minnesota,
lying Easterly of the Northerly extension of the Westerly right of way line of 7th Avenue
. South as dedicated in the recorded plat of West Minneapolis.
A -2-
,
.
EXHIBIT B
PUBLIC IMPROVEMENTS
Reconstruct Fifth and Sixth Streets South from vacated Sixth A venue South to 11 th
A venue South. Road to be constructed to City standards, including, but not limited
to: minimum thirty-two (32) foot pavement width, B618 concrete curb and gutter,
nine (9) ton design pavement strength and side slopes of 1:4 or flatter. Construct
associated storm sewer system to City standards.
.
.
c:nopcivil\CondUse.SuperValu
EXHIBIT C
. 6533 Flying Cloud Drive, Suite 100
Eden Prairie, MN 55344
Mailing Address: Box 1243
Minneapolis, MN 55440
Telephone: 952 914 5800 Fax: 9529145850
TO: Jim Kerrigan - City of Hopkins FROM: David Bade
copy: Sher Azizi DATE: 9/25/00
John Vegter
Bob King
Mary McGlinch
RE: SUPERV ALU Perishable Warehouse Expansion
SUBJECT: CUP Conditions
Proposed 11th Avenue Entrance Closing
In order to comply with the C.u.P. Contingency approved by the Hopkins City Council
. August 2nd, 2000 and to address concerns raised both by the residents and Benshoof &
Assoc., SUPERV ALU has looked at the feasibility of closing the 11 Ih Avenue entrance.
The closing of this entrance will remove virtually all inbound SUPERV ALU truck traffic
from 11 Ih Ave. All inbound truck traffic will use 5th Ave and either enter the
SUPERV ALU Dry Grocery site or enter the outside vendor staging area. The open area
immediately east of the closed 11 Ih Ave entrance will be reconstructed to provide
additional employee parking as well as provide trailer parking and a turn around for
inbound Perishable Warehouse trucks. In order to make up for the lost trailer
storage/staging area, SUPERV ALU will require the following:
1. The realignment of Slh Street to the south at a reduced width of 32', along with
the removal of the existing retaining wall along the north side of Slh Street.
SUPERV ALU proposes purchase additional right-of-way to relocate the
existing 60' right-of way 4' to the south and east as noted on attached
drawing EX-I. By closing I11h Ave and relocating the internal service ramp,
all truck traffic will come from the Dry Grocery property. Widening the
current internal drive lane/maneuvering space at this pinch point is critical due
to the need for many of the trucks to travel to west end of the Perishable site to
turn around as noted on the drawing. The additional tracffic to the west end of
the site will be impacted by the extended length of time required for trucks to
back into the docks at this pinch point.
2. An additional trailer storage/staging area along the south side of the new dock
and north of the proposed screen wall as noted on the drawing. This will be
constructed September I S\ 2002, three months prior to the closing of the I llh
. Ave entrance which will take place no later than December 1 S\ 2002.
e-I
~
. 3. The existing landscape berm at the 5th Ave entrance of the Dry Grocery to be
relocated to the north. An open paved area immediately south of the new berm
will be constructed to be used for trailer storage.
4. The proposed noise barrier will be constructed as noted on attached drawing
EX-l in order to comply with the state noise ordinace. At such time that
SUPERV ALU acquires the real estate at 6th Street and 10th Ave. the noise
barrier/screen wall will be reconstructed immediately nOlth of the proposed
6th Street right-of-way from immediately west of the employee entrance to
11th Ave south. The reconstruction of the screen/noise wall will be subject to
approval of the new design by the City of Hopkins.
dtbx:\groupldsg\whse\94000-3\corrcspondence\cityl 11 th-c1osing-2.doc
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.
C-2
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2000-50
. RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT
TO CONSTRUCT AN ADDITION TO THE SUPERV ALU PERISHABLE WAREHOUSE
WHEREAS, an application for Conditional Use Permit CUPOO-2, has been made by
SuperValu;
WHEREAS, the procedural history ofthe application is as follows:
1. That an application for a conditional use permit was made by SuperValu
on March 31, 2000;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
and published notice, held a public hearing on the application and
reviewed such application on April 25, 2000; May 30, 2000; and July 25,
2000: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered; and
4. A legal description of the subject property is as follows:
. Parcell:
Lots 1,2,3, and 4, Block 39:
Lots 1,2,3,4,17,18, 19,20,21,22,23, and 24, Block 52:
That part of the West Y2 of vacated 9th Avenue lying betwecn extensions across it
of the Northwesterly line of Block 39 and the North line of Block 52;
That part of the East Y:z of vacated 10th A venue lying between extensions across it
of the North and South lines of Block 52;
That part of vacated Railway Boulevard lying between extensions across it of the
centerline of 9th Avenue and the north line of Block 52;
That part of vacated 5th Street South lying between extensions across it of the
Wcst line of 9th Avenue and the Easterly line of Railway Boulevard;
Lots 1,2,3,4,5,6,7,8,12,13,14,15,16,17,18,19, and 20, Block 53;
That part of the vacated alley in Block 53 lying between extensions across it of
the South line of Lot 15 and the Northwesterly line of Lot 20;
That part of the West 1/2 of the vacated alley in Block 53 lying between
extensions across it ofthe South line of Lot 12 and the South line of Lot 15;
That part ofthe West 1/2 of vacated 10th Avenue, lying between extensions across
it of the South line of Lot 8, Block 53 and the North line of Block 52;
That part of the vacated Railway Boulevard lying between extensions across it of
the East line of 11 th Avenue and the North line of Block 52;
All in WEST MINNEAPOLIS, according to the recorded plat thereof, Helll1epin
County, Minnesota.
. Parcel 2:
Lots 5,6,7,8,9,13,14,15 and 16, Block 52, the vacated alley in Block 52 lying
between extensions across it of the North and South lines of said Block and that
part of the West Half of vacated 9th A venue lying between extensions across it of
the North and South lines of Block 52, all in WEST MINNEAPOLIS, according
to the recorded plat thereof, Hennepin County, Minnesota.
Except those parts of the above described premises which lie Southerly and
. Southeasterly of a line described as follows:
Beginning at the intersection of the centerline of 5th Street South and the
centerline of ih Avenue South as dedicated in the recorded plat of WEST
MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline
of said 5th Street South, a distance of 127.00 fect; thence Westerly a distance of
576.03 feet along a tangential curve concave to the South, having a radius of
835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; then
Southwesterly, a distance of 255.54 feet along a compound curve concave to the
Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59
minutes, 00 seconds; thence Southwesterly, tangent to the last described curve, a
distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a
tangential curve concave to the Northwest, having a radius of 183.69 feet and a
central angle of 65 degrees, 26 minutes, 00 seconds and said line there
terminating.
TRACT B:
That part of Lot 7, AUDITOR'S SUBDIVISION NUMBER 195, Hennepin
County, Minnesota, lying Westerly of the Westerly right-of-way line ofih
Avenue South as dedicated in the recorded plat of WEST MINNEAPOLIS and its
Northerly extension, except that part thereof which lies Southerly and
Southeasterly of a line described as follows:
Except those parts of the above described premises which lie Southerly and
. Southeasterly of a line described as follows:
Beginning at the intersection of the centerline of 5th Street South and the
centerline of 7th A venue South as dedicated in the recorded plat of WEST
MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline
of said 5th Street South, a distance of 127.00 feet; thence Westerly a distance of
576.03 feet along a tangential curve concave to the South, having a radius of
835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; thence
Southwesterly, a distance of 255.54 feet along a compound curve concave to the
Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59
minute, 00 seconds; thence Southwesterly, tangent to the last described curve, a
distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a
tangential curve concave to the Northwest, having a radius of 183.69 feet and a
central angle of 65 degrees, 26 minutes, 00 seconds and said line there
terminating.
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUPOO-2 is hereby approved based on the following Findings of Fact:
1. That the proposed use meets the requirements for a conditional use permit, subject
to the conditions stated in this Resolution:
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUPOO-2 is
. hereby subject to the following conditions:
1. That the Applicant satisfies all conditions and requirements for and obtains final
approval of the plat of the subject property.
2. Applicant obtains the proposed height variance and satisfies all conditions and
-.----
requirements for such variance.
3. That the vacation of Sixth Avenue is completed. Removal of street improvements
and relocation of Utilities to be completed at applicants cost.
. 4. That the applicant submits a storm water management plan and evidence that the
increased impervious drainage within Sixth Avenue South meets the City's
standards as set down in Section 546 of the City Code and does not negatively
impact the current Fifth Avenue South storm sewer system. The applicant shall
comply with all requirements of the approved storm water management plan and
shall execute the required form of maintenance and Right-of Entry Agreement.
5. That Nine Mile Creek Watershed District approves the drainage plan.
6. That the City retains the right to impose new or additional conditional use permit
requirements to meet the changing site development plans as they are submitted.
7. Implementation of noise abatement improvements that are identified in the June
22, 2000, memo relating to SuperValu Perishable Center, Hopkins, compliance
with daytime and nighttime noise limits and the memo dated July 17, 2000,
relating to SuperValu west staging area noise control, as prepared by David
Brauslau & Associates, Incorporated. A site plan shall be submitted and
approved by staff detailing the location of the noise wall and additional
landscaping for the wall to be constructed adjacent to the existing SuperValu
perishable warehouse. The noise wall shall be of the same design and
construction as the wall constructed by SuperValu on their property directly to the
east. Following the issuance of the certificate of occupancy, if it is determined
there is a violation of noise standards, SuperValu will be responsible to undertake
actions and improvements to ensure compliance. Such compliance plan would
not involve an increase in the south wall height beyond 18 feet. The plan and
. timing for implementation of such compliance will need to be reviewed and
approved by City staff. All legal and consultant fees related to ensuring
compliance with noise standards shall be the responsibility of SuperValu.
8. That the site plan is revised to comply with the recommendations of the traffic
study dated June 2000, as prepared by Benshoof and Associates. These
recommendations include the following:
- Reconstruction of 10th A venue and Fifth/Sixth Street intersection
as determined by the City Council, with the understanding that
SuperValu would not be required to acquire the west side
businesses.
- The sidewalk and trails are constructed as recommended in the
traffi c study. This also includes the construction of trail north of
Third Street to connect with the regional trail. Staff will determine
which option as detailed in the Benshoof traffic study will be
undertaken.
- A plan submitted and approved by staff prior to issuance of a
building permit for the 11 th Avenue access to either reduce traffic
at this access or eliminate the access.
- If SuperValu acquires the commercial building to the south,
SuperValu must supply a plan that is acceptable to staff on the use
of that property.
- Extension of the west bound to southbound left turn land at the
intersection of Excelsior Boulevard and Fifth Avenue.
. - Reconstruction of Fifth/Sixth Street as detailed in the Benshoof
study.
- Re-stripping of 11 th A venue as detailed in the Benshoof study.
- All-way stop control at the intersection of Third Street and
Washington Avenue as detailed in the Benshoof study.
- The applicant shall construct or implement all of the above in
accordance with the applicable codes, statutes, ordinance and City
Standards.
. 9. That the City and SuperValu execute a conditional use permit agreement, which
shall incorporate all of the conditions state in this Resolution and shall be
recorded against the title to the subject property.
10. That the conditional use permit agreement will detail the specifics for
construction of public improvements and includes a requirement that SuperValu
pay the costs of design and construction of all items as detailed in condition
number eight which includes roadways, pedestrian ways and off-site landscaping
to facilitate the project.
11. That a lighting plan is submitted and approved by staff for the site showing the
design of the light fixtures, height, type of lights, and photo metrics for the site.
The applicant shall comply with all requirements of the lighting plan at the
applicants cost.
12. That a final plan for the south fence and berm is submitted and approved by staff.
13. That City staff approves the final design of Fifth Street, which is to be submitted
at applicants cost.
14. That SuperValu is responsible for all legal and consultant fees for implementation
of the project.
15. Payment of park dedication fees, as required by ordinance.
16. The applicant will grant any required easements.
17. Applicant to provide evidence of title acceptable to the City Attorney.
18. Applicant to provide letter of credit for landscaping requirements.
19. Letter of Credit or other financial guarantees for completion of road, trail
. improvements, utilities and grading.
20. That if the applicant acquire or subsequent property owner acquire the
commercial properties on the west side of the site, the applicant or subsequent
property owner will submit and install a landscaping and screening plan of a
similar quality and design as the current proposed design, to be approved by staff.
21. That continued noise compliance checks be required at least annually for a period
of five years at the applicant's cost.
Adopted this 2nd day of August 2000.
~ft...c-~
Eu ne. axweIl, Mayor
.
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~, 6533 Flying Cloud Drive, Suite 100
. r Eden Prairie, MN 55344
I Mailing Address; Box 1243
Minneapolis, MN 55440
DESIGN SERVICES GROUP Telephone: 952 9145800 Fax: 952 914 5850
PLANMARK . STUDIO 70
EQUIPMENT SERVICES
TO: Jim Kerrigan City of Hopkins FROM: David Bade
copy: Sher AZlzi DATE: 9/25/00
John Vegter
Bob King
Mary McGlinch
RE: SUPERV ALU Perishable Warehouse Expansion
SUBJECT: CUP Conditions
Proposed 11th Avenue Entrance Closing
. In order to comply with the C.U.P. Contingency approved by the Hopkins City Council
August 21ld, 2000 and to address concerns raised both by the residents and Benshoof &
Assoc., SUPERV ALU has looked at the feasibility of closing the 11th Avenue entrance.
The closing of this entrance will remove virtually all inbound SUPERV ALLJ truck traffic
fro 111 11 tl1 Ave. All inbound truck trailic will LIse 5th Ave and either enter the
SUPERV ALU Dry Grocery site or enter the outside vendor staging area. The open area
immediately east of the closed 11 th A vc entrance will be reconstructed to provide
additional employee parking as well as provide trai leI' parking and a turn around for
inbound Perishable Warehouse trucks. Tn order to make up for the lost trailer
storage/staging area, SLJPERV ALU \vill require the following:
1. The realignment of 5tl1 Street to the south at a reduced width of 32', along with
the removal of the existing retaining wall along the north side of 5th Street .
SUPERV ALLJ proposes purchase additional right-of-way to relocate the
existing 60' right-of way 4' to the south and east as noted on attached
drawing EX-I. By closing I11h Ave and relocating the internal service ramp,
all truck traffic will come 1'rom the Dry Grocery property. Widening the
current internal drive lane/maneuvering space at this pinch point is critical due
to the need for many of the trucks to travel to west end of the Perishable site
to turn around as noted on the drawing. The additional tracffic to the west end
of the site will be impacted by the extended length of time required for trucks
to back into the docks at this pinch point.
.
2. An additional trailer storage/staging area along the south side of the new dock
. and north of the proposed screen wall as noted on the drawing. This will be
constructed September 1 st, 2002, three months prior to the closing of the 11 th
A ve entrance which will take place no later than December 1 st, 2002.
, The existing landscape berm at the 51h Ave entrance of the Dry Grocery to be
j.
relocated to the north. An open paved area immediately south of the new berm
will be constructed to be used for trailer storage.
4. The proposed noise barrier will be constructed as noted on attached drawing
EX-l in order to comply with the state noise ordinace. At such time that
SUPERVALU acquires the real estate at 6th Street and loth Ave, the noise
barrier/screen wall will be reconstructed immediately north of the proposed
61h Street right-of-way from immediately west of the employee entrance to
11th Ave south. The reconstruction of the screen/noise wall will be subject to
approval of the new design by the City of Hopkins.
dtbx:\group\dsg\whse\94000. 3\corrcspondcnce\city\ I Ith-c1osing-2.doc
.
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Site Plan chan2es for imnlementation of 11th Avenue closure plan in exhibit C
lA. Realignment of Fifth Street to the south by four feet and widen internal drive.
lB. Elimination the internal service ramp.
2. Additional trailer storage
3. Landscape berm relocated and new berm constructed with trailer storage
4. Relocation of the screen wall
LOT 1
BLOCK 1
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8 PROPOSED
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SITE MODIFICATIONS DUE TO
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t>>Lfl1'l"flRK SUP[RVAlU, INC 94000
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ARCHITECTURE \ ENGINEERING PERISHABLE EXP ANS\ON
DESIGII OW GRUUP 6533 ~ clOUd orNe. Edel'\ Pra'-l.O, MN 55344 - - - - - - - - - - - - - - - - - - - -- DATE
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DESIGN SER~CES GROUP 6533 =~ Cloud Drive Eden Prarle MN 5S344 - , '-.
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PLANMAIK . S'UDIO 7'0 Mail Addreae: Bolt 1243. Minneapoia,....N 55440
EQUI'MENT SElVICES T.....phone (612)914 51100 - Fu (6'219\4-= PROP R AI LR 0 A D F-; L VD 9/26/00