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HomeMy WebLinkAbout6.n Request by ISD 196 for a Minor PUD Amendment to Allow Fifty (50) Share Parking Stall with Marcus Theaters, Case 11-15-AMDAGENDA ITEM: Case 11- 15 -AMD Request by ISD 196 for a Minor PUD Amendment to Allow Fifty (50) Shared Parking Stalls with Marcus Theaters AGENDA SECTION: Mint AG to BY: NDA NO. VI. PREPARED Eric Zweber, Senior Planner ATTACHMENTS: Location Map; Resolution; Minor PUD Agreement Amendment; Amendment Request Letter from ISD 196; First Amendment to Easement Agreement; April 27, 2004 Heritage Development Office Building Executive Summary; Carrousel Plaza Office Building PUD Agreement. APPROVED BY: 00 RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Minor Amendment to the Carrousel Plaza Office Building Planned Unit Development (PUD) Agreement Approving 50 Shared Parking Stalls with Marcus Theaters. Motion to Authorize the Mayor and City Clerk to Execute an Amendment to the Carrousel Plaza Office Building Planned Unit Development Agreement. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: May 17, 2011 EXECUTIVE SUMMARY ISSUE The Independent School District (ISD) 196 administrative offices are located at 3455 153r St (the southeast corner of Chippendale Ave and Carrousel Way). The building was originally constructed on speculation as a multiple tenant office building, but several years ago ISD 196 bought the entire building and relocated their administrative services to the site. They are the sole tenant of the building. When the original building was approved, a shared parking arrangement for seven (7) parking stalls with the Marcus Theaters property, to the east, was permitted as a part of the planned unit development (PUD). This joint parking was approved partially because typical office uses have their peak parking need during weekdays and movie theaters have their peak parking demand on nights and weekends. ISD 196 is requesting a minor PUD amendment to increase the shared parking to fifty (50) stalls with Marcus Theaters. Staff is supportive of this request because the easement agreement is limited to 5:30 am to 5:00 pm, Mondays through Fridays which should not conflict with the movie theaters peak parking use time. The private shared parking easement will be between the theater and office owners, with the City's PUD memorializing the parking agreement through the PUD process. RECOMMENDATION Staff recommends the City Council approve a resolution to approve the minor amendment to the Carrousel Plaza Office Building PUD agreement to allow the sharing of fifty (50) parking stalls between ISD 196 and Marcus Theaters and the Mayor and City Clerk to sign the PUD agreement. ISD 196 Disclaim ;r. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 400 feet CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING A MINOR AMENDMENT TO THE CARROUSEL PLAZA OFFICE BUILDING PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT APPROVING FIFTY (50) SHARED PARKING STALLS WITH MARCUS THEATERS WHEREAS, the Community Development Department of the City of Rosemount received a request from Independent School District (ISD) 196 to amend the Carrousel Plaza Office Building Planned Unit Development (PUD) to allow fifty (50) shared parking stalls with Marcus Theaters; and WHEREAS, the fifty (50) shared parking stalls will be used at different times because the ISD 196 parking demand is during weekdays and the Marcus Theaters parking demand is during evenings and weekends, and WHEREAS, staff has prepared and recommends a Minor PUD Amendment to allow the fifty (50) shared parking stalls, and WHEREAS, on May 17, 2011, the City Council of the City of Rosemount reviewed the application and staff's recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the fifty (50) shared parking stalls between ISD 196 and Marcus Theaters as follows: 1) Paragraph 4.a. of the PUD Agreement shall be amended as follows: Shared parking of sever fifty (50) off street parking stalls with the movie theater property directly to the east. ADOPTED this 17 day of May, 2011, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor AMENDMENT TO THE CARROUSEL PLAZA OFFICE BUILDING PLANNED UNIT DEVELOPMENT APPROVING FIFTY (50) SHARED PARKING STALLS WITH MARCUS THEATERS THIS DECLARATION made this day of 2011, by and between the INDEPENDENT SCHOOL DISTRICT 196 (hereinafter referred to as the "Declarant"), and the CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the "City WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1, Carrousel Plaza Office Center, Dakota County, Minnesota, (hereinafter referred to as the "Subject Property and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "Carrousel Plaza Office Building Planned Unit Development Agreement" signed April 10 2006, (hereinafter referred to as the "Planned Unit Development Agreement"); and WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. 1) Paragraph 4.a. of the PUD Agreement shall be amended as follows: Shared parking of coven (7) fifty (50) off street parking stalls with the movie theater property directly to the east. 1 2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Amendment may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 2011, by the for and on behalf of Independent School District 196 by and on behalf of said corporation. 2 DECLARANT Independent School District 196 By Name Its Notary Public This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2011, by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145 Street West Rosemount, MN 55068 651- 423 -4411 3 And by: Amy Domeier, City Clerk Notary Public INDEPENDENT SCHOOL DISTRICT 196 Rosemount -Apple Valley -Eagan Public Schools 3455 153rd Street West Rosemount, MN 55068 -4946 May 2, 2011 Mayor William Droste 2875 145 Street West Rosemount, MN 55068 Dear Mayor Droste: Independent School District 196 has been in negotiations with B G Realty, LLC to amend the Heritage Parking Easement area to accommodate the school districts need for overflow parking. The first amendment to the easement agreement has been approved by B G Realty, LLC and Independent School District 196 but does require the City of Rosemount to also approve the amendment. I have enclosed the amendment signed by Jeffrey Solomon, Director of Finance and Operations. Once signed by the appropriate person at the city, please return:: i the signed copy to my office at the address listed above. Sincerely, Jeffrey M. Solomon Enc. Jeffrey M. Solomon Director of Finance and Operations 651 423 -7713 651- 423 -7788 (fax) jeff.solomon @district196.org Educating our students to reach their full potential #196. Serving all or part of Rosemount, Apple Valley, Eagan, Burnsville, Coates, Inver Grove Heights, Lakeville, and Empire and Vermillion Townships www.districti96.org FIRST AMENDMENT TO EASEMENT AGREEMENT THIS FIRST AMENDMENT TO EASEMENT AGREEMENT (the "Amendment is made as of the day of 2011, by and between B G REALTY, LLC, a Wisconsin limited liability company "B &G and INDEPENDENT SCHOOL DISTRICT 196, a Minnesota as successor and assign to Heritage Development of Minnesota, LLC "ISD196 RECITALS: WHEREAS, B &G and Heritage Development of Minnesota, LLC entered into that certain Easement Agreement dated April 10, 2006 and recorded in the Office of the County Recorder for Dakota County, Minnesota on May 31, 2006, as Document No. 2433587 (the "Agreement WHEREAS, the Agreement encumbers the property owned by B &G and legally described as Lot 1, Block 1, Carousel Plaza South on file and of record in the Office of the County Recorder, Dakota County, Minnesota (the "B&G Property"); WHEREAS, the Agreement encumbers the property owned by ISD196, which it purchased from Heritage Development of Minnesota, LLC, which is legally described as Lot 1, Block 1, Carrousel Plaza Office Center, on file and of record in the office of the County Recorder, Dakota County, Minnesota (the "Heritage Property"); WHEREAS, the B &G Property and the Heritage Property comprise all of the property that is encumbered by the Agreement and B &G and ISD196 are all of the Owners of all of the Lots subject to the Agreement; WHEREAS, B &G and ISD196 desire to amend the Agreement to allow ISD196 to park additional vehicles on the B &G Property upon the terms and conditions more particularly set forth herein; and WHEREAS, pursuant to paragraph 15(e) of the Agreement, the Agreement may be amended only by the written consent of all record Owners of all of the Lots and consented to in writing by the City of Rosemount. NOW THEREFORE, in consideration of the terms and provisions contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is agreed as follows: 1. Ratification of Recitals. B &G and ISD196 ratify and affirm as a material part hereof, the Recitals set forth in the opening paragraphs of this Amendment and represent and warrant to the other that the Recitals are in all respects true and correct. 2. Capitalized Terms. Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Agreement. 3. Grant of Parking Easement. Paragraph 3 of the Agreement is deleted in its entirety and replaced with the following: `B &G hereby grants to ISD196, its successors and assigns, as an easement appurtenant to the Heritage Property, a perpetual, non exclusive easement for the purposes of parking up to fifty (50) vehicles, on a short-term parking basis, between the hours of 5:30 a.m. and 5:00 p.m. on Mondays through Fridays, on the Westerly Ninety feet (W. 90') of the B &G Property (the "Heritage Parking Easement ISD196, for itself and its successors and assigns, accepts the grant of the Heritage Parking Easement subject to all matters of record and existing facilities and structures within the Heritage Parking Easement area and on the B &G Property, if any, as of the date of April 10, 2006." 4. Maintenance of Parking Easement. Paragraph 5 of the Agreement is deleted in its entirety and replaced with the following: `B &G shall maintain and repair the Heritage Parking Easement, area in a first class manner and conformity with the standards of similar parking lots, including, without limitation, the obligations to: maintain and repair the paved surfaces such that those surfaces are smooth and evenly covered with the type of surfacing materials originally installed on them or comparable surfacing materials equal in all respects to the original surfacing materials in quality, appearance and durability; remove all paper, debris, filth and refuse therefrom, maintain appropriate entrance, exit and directional signs, markers and lights that may be reasonably required in accordance with the operation of similar parking lots; clean and repair any light fixtures thereon and relamp and reballast the same as needed; and, repair and repaint striping and all other similar markings as necessary to maintain the Heritage Parking Easement area in a safe condition; and ISD196 shall promptly remove all snow and ice from the Heritage Parking Easement in a first class manner and in conformity with the standards of similar parking lots and as necessary to maintain the Heritage Parking Easement area in a safe condition (the B &G obligations and the ISD obligations are collectively referred to as the "Maintenance Work All Maintenance Work performed on the Heritage Parking Easement area will be in conformity with the design standards which have been approved by the City of Rosemount at the time of the issuance of the building permit for the building to be constructed on the Heritage Property." 5. Conflict. In the event of any conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall govern, control and prevail. 6. Ratification of Agreement. Except as hereby amended, the Agreement is and shall remain in full force and effect in accordance with its terms. 7. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 8. Inducement. To induce each other to enter into this Amendment, ISD196 and B &G each represent and warrant to each other that (i) it is duly authorized and empowered to enter into this Amendment and to perform fully its obligations hereunder; and (ii) such obligations constitute the valid and binding obligations of such party, enforceable in accordance with their terms. [remainder of page intentionally left blank] IN WITNESS WHEREOF, B &G and ISD196 have executed this Amendment on the date set forth below their signatures. B &G: B G REALTY, LLC, a Wisconsin limited liability company By: The Marcus Corporation, its Member By: By: Thomas F. Kissinger, Secretary Name: Its:1) reed STATE OF WISCONSIN County of Milwaukee The foregoing instrument was acknowledged before me this day of 2011, by Thomas F. Kissinger, as Secretary of The Marcus Corporation, as the member of B G Realty, LLC, on behalf of such corporation. STATE OF MINNESOTA County of Dakota SS. SS. The foregoing instrument was acknowledged before me this a day of filet-‘1 2011, bye (c $1 1/ SoIav0 n as of Independent School D strict 196, a Minnesota Schoo on behalf of said ibtsI G KRISTIN A. FACTOR k Notary Public- Minnesota xg u> .i v rtimisslon Expires Jan 31 2013 ISD196: Independent School District 196 I oir oh �''/urij�'r newt) t' -e U Orir Name: Notary Public, State of Wisconsin My Commission Expires: d'ee,fit Qtzetiol Name: KfIS n 19. Fhe--for Notary Public, State of Minnesota My Commission Expires: CO-fl 31, a013 The City of Rosemount hereby consents to the foregoing First Amendment to Easement Agreement "Amendment This consent of the City of Rosemount shall be deemed limited solely to this Amendment and the City of Rosemount reserves the right to consent or withhold consent with respect to any further or additional amendments of the Easement Agreement. IN WITNESS WHEREOF, the undersigned has, by its duly authorized officer executed this instrument, as of 2011. STATE OF MINNESOTA County of Dakota SS. Consent of City of Rosemount CITY OF ROSEMOUNT By: Name: Title: The foregoing instrument was acknowledged before me this day of 2011, by as of the City of Rosemount, a Minnesota on behalf of said Name: Notary Public, State of Minnesota My Commission Expires: RECITAL& EASEMENT AGREEMENT This Easement Agreement "this Agreement is entered into as of this .day of April, 2006, by and between B G Realty, LLC, a Wisconsin limited liability company formerly known as B G REALTY, INC. "B &G and HERITAGE DEVELOPMENT OF MINNESOTA, LLC, a Minnesota limited liability company "Heritage WHEREAS, B G is the fee owner of that certain real property legally described as Lot 1, Block 1, Carrousel Plaza South on file and of record in the office of the County Recorder, Dakota County, Minnesota (the "B G Property"); and WHEREAS, Heritage is the fee owner of that certain property legally described as Lot 1, Block 1, Carrousel Plaza Office Center, on file and of record in the office of the County Recorder, Dakota County, Minnesota (the "Heritage Property and WHEREAS, B G and Heritage desire to create, grant and accept certain easements for access, parking and signage, as more fully described in this Agreement; and WHEREAS, B G and Heritage desire to set forth these easement rights in writing to be recorded with the land records for Dakota County, Minnesota. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 13 G and Heritage agree as follows: 1. Grant of Access Easement to Heritage. B G hereby grants to Heritage, its successors and assigns, as an easement appurtenant to the Heritage Property, a perpetual, non- exclusive easement for the purposes of vehicular ingress and egress to and from the Heritage Property from and to Carrousel Way for use by Heritage's Authorized Users (as defined below) on and over the driveway that shall exist from time to time within the "Heritage Access Easement legally described as the North Sixty feet (N. 60') of the West Sixteen feet (W. 16') of Lot 1, Block 1, Carrousel Plaza South. Heritage, for itself and its successors and assigns, accepts the grant of the Heritage Access Easement subject to all matters of record and existing facilities and structures within the Heritage Access Easement area and on the B G Property, if any, as of the date of this Agreement. 2. Grant of Access Easement to B G. Heritage hereby grants to B G, its successors and assigns, as an easement appurtenant to the B G Property, a perpetual, non- exclusive easement for the purposes of vehicular ingress and egress to and from the B G Property from and to Carrousel Way for use by B G's Authorized Users (as defined below) on and over the driveway that shall exist from time to time within the "B G Access Easement legally described as the North Sixty feet (N. 60') of the East Sixteen feet (E. 16') of Lot 1, Block 1, Carrousel Plaza Office Center. B G, for itself and its successors and assigns, accepts the grant of the B G Access Easement subject to all matters of record and existing facilities and structures within the B G Access Easement area and on the Heritage Property, if any, as of the date of this Agreement. (The Heritage Access Easement and the B G Access Easement are sometimes hereinafter referred to collectively as the "Access Easements 3. Grant of Parking Easement to Heritage. B G hereby grants to Heritage, its successors and assigns, as an easement appurtenant to the Heritage Property, a perpetual, non- exclusive easement for the purposes of parking up to seven (7) vehicles, on a short-term parking basis, on the Westerly Fifty feet (W. 50') of the B G Property (the "Heritage Parking Easement Heritage, for itself and its successors and assigns, accepts the grant of the Heritage Parking Easement subject to all matters of record and existing facilities and structures within the Heritage Parking Easement area and on the B G Property, if any, as of the date of this Agreement. 4. B G Sign Easement. Heritage hereby grants to B G, its successors and assigns, as an easement appurtenant to the B G Property, a perpetual, non exclusive easement for the purposes of constructing, repairing, replacing, maintaining and providing electricity to a sign, on the Northerly Forty feet (N. 40') of the Westerly Forty feet (W. 40') of the Heritage Property (the "B G Sign Easement in a form similar to that depicted on Exhibit "A" attached hereto and made a part hereof. B G, for itself and its successors and assigns, accepts the grant of the B G Sign Easement subject to all matters of record and existing facilities and structures within the B G Sign Easement area and on the Heritage Property, if any, as of the date of this Agreement. B G shall pay all costs and expenses related to the construction, repair, maintenance and replacement of the actual sign which is constructed within the B G Sign Easement area, except as provided below. Heritage shall have the exclusive right to use a portion of the sign, noted as "Tenant" on Exhibit "A" hereto, for advertising for the tenants in the building to be constructed on the Heritage property and shall pay all costs associated with the construction, repair, maintenance and replacement of the "Tenant" panels "Tenant areas All costs for the construction (except individual panels for B G and Heritage), repair, replacement, maintenance, and lighting of the sign (the "Sign Maintenance Work shall be split between B G and Heritage in proportion to the total area of the portion of the sign attributable to each party and its tenants. B G shall provide Heritage with written notice of the amount of Heritage's share of the costs and expenses for the Sign Maintenance Work together with the documentation substantiating such costs and expenses and Heritage shall pay the substantiated costs and expenses within thirty (30) days after receipt of said documentation. 5. Maintenance of Parking Easement. B G shall maintain and repair the Heritage Parking Easement, area in a first class manner and in conformity with the standards of similar parking lots, including, without limitation, the obligations to: maintain and repair the paved surfaces such that those surfaces are smooth and evenly covered with the type of surfacing materials originally installed on them or comparable surfacing materials equal in all respects to the original surfacing materials in quality, appearance and durability; remove all paper, debris, filth, refuse, snow and ice therefrom; maintain appropriate entrance, exit and directional signs, markers and lights that may be reasonably required in accordance with the operation of similar parking lots; clean and repair any light fixtures thereon and relamp and reballast the same as needed; and, repair and repaint striping and all other similar markings as necessary to maintain the Heritage Parking Easement area in a safe condition (the "Maintenance Work All Maintenance Work performed on the Heritage Parking Easement area will be in conformity with the design standards which have been approved by the City of Rosemount at the time of the issuance of the building permit for the building to be constructed on the Heritage Property. 6. Maintenance of Sign Easement Landscaping. Except as noted below in this paragraph, Heritage shall, design, plant, replant, sod, trim, mow, rake, water, keep clear of trash and 2 debris, repair, maintain, replace and keep all landscaping improvements located in the B G Sign Easement area in a visually pleasing, well maintained. healthy, high quality manner and in keeping with the quality of the balance of the landscaping on the Heritage Property (the "Landscaping Work Additionally, all Landscaping Work performed on the B G Sign Easement area will be in conformity with the design standards which have been approved by the City of Rosemount at the time of the approval of the sign to be constructed on said easement. The maintenance obligations of Heritage contained herein shall be enforceable by either B G, under the terms of this Agreement, or by the City of Rosemount. B G shall pay to Heritage all costs and expenses related to the Landscaping Work in the same proportion described in Paragraph 4 hereof. 7. Enforcement of Maintenance Oblieations for Access Easement. Heritage shall arrange for the performance of the Maintenance Work on the Access Easements, with the costs and expenses for the completed Maintenance Work to be paid fifty percent (50 by B G and fifty percent (50 by Heritage. Heritage will obtain the consent of B G for any single maintenance or repair that costs in excess of $300.00 before undertaking the same on the Access Easements. Heritage shall provide B G with written notice of the amount of B G's share of the costs and expenses for the Maintenance Work on the Access Easements, together with the documentation substantiating such costs and expenses, and B G shall pay the substantiated costs and expenses within thirty (30) days after.receipt of said documentation. In the event Heritage pays for the Maintenance Work on the Access Easements, B G shall reimburse Heritage for its share of the costs and expenses within thirty (30) days after receipt of a statement therefor from Heritage together with any documentation substantiating such costs and expenses. 8. Performance of Easement Agreement. If a party obligated hereunder. fails to timely and completely perform one or more of its duties or obligations hereunder (for referenced purposes the "defaulting party and such failure shall continue for thirty (30) days following receipt of written notice from an owner of the other property (for reference purposes the "nondefaulting party which thirty (30) day period may be extended a reasonable amount of time (but not more than an additional sixty (60) days) as may be necessary to permit the cure of said failure provided the same is of a nature which cannot be cured in a thirty (30) day period and provided further that the defaulting party has promptly commenced such cure and diligently prosecutes the same to its conclusion, then in addition to any other rights or remedies available hereunder, the nondefaulting party shall have the right to make any payment or perform any act required of the defaulting party, and in exercising such right, to enter and occupy as long as necessary the parcel of the defaulting party and incur necessary and incidental costs and expenses. Nothing herein shall imply any obligation to make any payment or perform any act required of the defaulting party and the exercise of such right shall not constitute a release of any obligation or waiver of any default. All payments made and all costs and expense incurred in connection with any exercise of such right shall be paid by the defaulting party to the nondefaulting party within ten (10) days following its receipt of an itemized statement of such costs and expenses, together with interest at an annual rate of fifteen percent (15 or the highest rate of interest allowed by law, whichever is lower, from the respective dates of making such payments or incurring such costs and expenses. 9. Reservation of Rights. B G reserves the right, to itself and to its successors and assigns, to have the full use and enjoyment of the Heritage Parking Easement area and the Heritage Access Easement area, except as to the rights granted by this Easement Agreement. 3 10. Abandonment. In the event the use of any easement granted by this Agreement is discontinued for a period of twelve (12) months or longer, or is abandoned, said easement shall, without notice, demand or re- entry, revert to the grantor thereof, its successors or assigns. In such event, the grantee of the easement agrees to reconvey by Quit Claim Deed to the grantor, its successors or assigns, the easement which was so discontinued or abandoned. Notwithstanding anything to the contrary contained in this paragraph, no easement shall be extinguished without the written consent of the City of Rosemount. 1 1. Indemnification. Heritage agrees to indemnify, defend and hold B G harmless from any and all losses or damage to property, or injury to or death of any and all persons, or from any suits, claims, liability or demand in connection therewith resulting directly or indirectly by reason of Heritage's exercise of any of its easement rights or use of any easement area granted in this document, unless the same is caused by the negligence or willful act of B G. B 0 agrees to indemnify, defend and hold Heritage harmless from any and all losses or damage to property, or injury to or death of any and all persons, or from any suits, claims, liability or demand in connection therewith resulting directly or indirectly by reason of B G's exercise of any of its easement rights or use of any easement area granted in this document, unless the same is caused by the negligence or willful act of Heritage. 12 Notices. Any notice provided for or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed to have been properly given (i) upon receipt, if hand delivered; (ii) three (3) days after the deposit thereof at any main or branch United States Post Office, if sent postage prepaid by United States registered or certified mail, return receipt requested; or (iii) on the first business day following deposit thereof at the office or drop box of a nationally recognized overnight delivery service, if sent by such service, addressed to the party receiving notice as follows: If to B G: B G Realty, LLC 100 East Wisconsin Avenue Suite 1900 Milwaukee, WI 53202 Attention: Legal Department If -to Heritage:... Heritage Development of Minnesota, LLC 422 East County Road D Little Canada, MN 55117 Attention: Mr. John Dobbs B G Realty, LLC 100 East Wisconsin Avenue Suite 2000 Milwaukee, WI 53202 Attention: Mr. Mark Gramz Each party shall provide the other with additional and /or corrected addresses for notice purposes when such change of address occurs and shall provide the names and addresses of its successors and assigns. 14. Ratification of Recitals. Heritage and B G ratify and affirm as a material part hereof, the "RECITALS" set forth in the opening paragraphs of this Agreement and represent and warrant to the other that the "RECITALS" are in all respects true and correct. 4 15 B G and Heritage further agree as follows: a. All of the easements, covenants, agreements, benefits and burdens set forth in this Agreement are intended to and shall be construed as covenants running with the land, binding upon, and inuring to the benefit of and enforceable by the parties hereto and their respective successors and assigns. Upon any party's conveyance of all of its interest in its respective parcel, the transferring party shall be relieved of any further liability under this Agreement arising on or after the date of said transfer and such transferee shall be deemed to have assumed all obligations of the transferor hereunder. b. B G and Heritage, and their respective successors and assigns, may enforce their rights under this Agreement in any manner provided by law or equity, including without limitation, a suit for damages or injunctive relief. All attorney fees, legal costs and expenses of any such suit or proceeding shall be awarded to the party whose position is substantially upheld. c. The term of this Agreement shall commence on the date that this instrument is filed of record with the land records of Dakota County. This Agreement may be terminated by a written instrument signed by all of the then owners of the B G Property and the Heritage Property, and consented to by the City of Rosemount. Any purported attempt to terminate this Agreement in any other manner shall be null and void, except as provided for in Paragraph 10 hereof. d. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. e. No agreement or amendment shall be effective to add to, change, modify, waive or discharge this Agreement in whole or in part, unless such agreement is in writing and signed by all parties bound hereby, and consented to in writing by the City of Rosemount. f. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. No delay or omission by any of the parties obligated hereunder to exercise any right or power accruing upon any non- compliance or failure of performance by another party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by any such party hereunder of any of the covenants, conditions or agreements hereof to be performed by another shall not be construed to be a waiver of any succeeding default hereunder of any other covenants, condition or agreement herein contained. h. In addition to all other rights or remedies available under this Agreement or at law or in equity, all amounts payable under any of the provisions of this Agreement by one party to another party (including all reimbursements, damages, costs and attorneys' fees), together with interest payable thereon as hereinafter provided, shall constitute a lien against the Property (including all improvements thereon and the rents, profits and proceeds thereof) of the party from whom such payment is due, in favor of the party (and its successors and assigns) to whom such payment is to be made. Each such lien shall be deemed to arise as of the date on which payment shall be due as specified in this g. 5 All amounts payable under any of the provisions of this Agreement by a party to another party (including all reimbursements, damages, costs and attorneys' fees) shall bear interest at the Default Rate (as defined below) from and after the date on which payment is due as specified in this Agreement, or if not so specified, then from and after the date on which such payment obligation shall have first arisen, which interest shall continue to accrue (without compounding) until such amounts and interest are paid in full. Partial payments shall be applied first to interest and then to principal. For purposes hereof, the "Default Rate" shall be the lesser of (a) fifteen percent (15 per annum; or (b) the highest rate permitted by applicable law. Agreement, or if not so specified, then on the date such payment obligation shall have first arisen. A party entitled to such lien shall be entitled to record any notice or other evidence of such lien. Said lien may be foreclosed in the manner specified in Minnesota Statutes for the foreclosure of a mortgage by action. The liens created hereunder shall be in addition to any judgment liens or other statutory liens to which a party may be entitled, and the rights and remedies of a party under statutory or judicial procedures with respect to such other liens shall not be deemed limited in any manner by any provisions hereof Nothing contained herein will be deemed to be a gift or dedication of any portion of the B G Property or the Heritage Property to the general public, or for the general public, or for any public purpose whatsoever, it being the intention of the parties that this Agreement will be strictly limited to B G and Heritage and the respective successors and assigns of each for the purposes expressed herein. k. As used in this Agreement, "Heritage's Authorized Users" refers to Heritage and its tenants, partners, franchisees, subtenants, successors, assigns, concessionaires, agents, consultants, officers, suppliers, patrons, customers, guests, employees and invitees. 1. As used in this Agreement, "B G's Authorized Users" refers to B G and its tenants, partners, franchisees, subtenants, successors, assigns, concessionaires, agents, consultants, officers, suppliers, patrons, customers, guests, employees and invitees. m. The paragraph captions of this Agreement are inserted for convenience and reference only and shall not be deemed to define, limit or construe the provision hereof. n. To induce each other to enter into this Agreement, Heritage and B G each represent and warrant to each other that (i) it is duly authorized and empowered to enter into this Agreement and to perform fully its obligations hereunder; and (ii) such obligations constitute the valid and binding obligations of such party, enforceable in accordance with their terms. o. Nothing in this Agreement creates or shall be deemed to create a relationship of partnership, joint venture or association between B G and Heritage. 6 LN WITNESS WHEREOF, B G and Heritage have executed this Agreement on the date first above written. B G Realty, LLC f /k/a B G Realty, Inc By: The Marcus poration its Member By: B Name: omas F. Kissi Name: Title: Secretary Title: STATE OF WISCONSIN SS COUNTY OF MILWAUKEE The foregoing instrument was acknowledged before me this 20 day of 4vCl t. 2006, by Thomas F. Kip ii$0 ,s Secretary of The Marcus Corporation as the member of B G Realty, LLC on behalf of s §%E1;cprpora iin STATE OF MINNESOTA SS COUNTY OF RAMSEY This instrument was drafted by: Marc L. Kruger, Esq. 418 East County Road D Little Canada, MN 55117 C i:D CE STRUEDER Heritage Development of Minnesota, LLC 7 tary�ublic 2 4---- icsr G v� 0 ev Y/� 474,49/ The foregoing instrume +t as acknowled_ be re me thi t Y day of t 2006, by :s_ /,1� as of Heritage De elopment of Minnesota, LLC, a Minnesota limited liability company, on behalf of said limited liability company. v SALLY J. SWANSON Notary Public Minnesota at, 2oto Commission Expires Jary "A/ 4/ Notary Public' EXHIBIT "A" (Th MONUMENT 516N 100 bGALE k t•-0. AGENDA ITEM: Heritage Development, LLC Site Plan and Planned Unit Development AGENDA SECTION: Public Hearing PREPARED BY: Jason Lindahl, A I C.P. Assistant City Planner AGENDA NO. 6E ATTACHMENTS: Site Location Map, Site Plan, Landscape Plan, Building Elevations, Floor Plans, Lighting Plan, Utility Plan, Grading Plan, Area Plat, Sign Plan APPROVED BY: RECOMMENDED ACTION: Motion to recommend the City Counc'I approve the site plan and Planned Unit Development (PUD) to allow the construction of a two -story 25,400 square foot office building with shared parking and signage on the property located on the southeast corner of Chippendale Avenue and Carrousel Way, subject to the conditions outlined below. 1. Issuance of a building permit. 2. Submission of a joint access easement between Heritage Development, LLC and the movie theater property for the northeast access from Carrousel Way. This agreement shall be reviewed and approved by the City Attorney. 3. Submission of a shared parking agreement between Heritage Development, LLC and the movie theater property for 7 parking stalls. These stalls shall be aligned with the east entrance and connected to that entrance by a sidewalk and striping of a pedestrian walkway in the parking lot. This agreement shall be reviewed and approved by the City Attorney. 4 Redesign the parking area to have a minimum 3 5' planting area adjacent to the building, a 19' interior row of parking, a 24' drive lane, and an 18' outer row of parking. 5. Relocate the trash enclosure to the first stall in the western row of parking The landscaping planned for the original location should also be moved to the new location. 6. Replace four parking stalls with landscaped areas containing at least one deciduous tree and foundation plantings. The stalls to be replaced with landscaped areas are located at the four corners of the interior row of parking and shall be replaced by the shared parking agreement 7. Create three foot berms along Chippendale Avenue and 153 Street and increase the number of trees along 153 Street from 8 to 19 All 19 trees shall be coniferous CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Planning Commission Meeting Date: Aril 27, 2004 and shall be planted in staggered rows with 10 foot spacing 8. Placement of a shared ground monument sign on the northwest corner of the subject property. This sign shall be the only ground sign on the office building site. 9. The movie theater site may request one additional ground monument sign. This sign must be located along the east side of the movie theater site and may not exceed 62.3 square feet (2 X 80 160 97.7 62.3). 10. Submission of a revised lighting plan demonstrating all parking and building lighting will conform to the exterior lighting performance standards. 11 Submission of a revised site plan illustrating sidewalks and /or stairways from the trail along Chippendale Avenue to the parking area and from the shared parking on the movie theater site to the parking area. The applicant shall also stripe crosswalks from the end of the sidewalks to the building's entrances These pedestrian connections will eliminate two parking stalls which shall be replaced by the shared parking agreement. 12.The developer shall adequately address the City Engineer concerns as outlined in the staff report, including payment of all associated fees and charges. ACTION: ISSUE The applicant, Heritage Development of Minnesota, LLC, requests site plan and Planned Unit Development (PUD) approvals to allow the construction of a two -story 25,400 square foot office building with shared parking and signage for the property located on the southeast corner of Chippendale Avenue and Carrousel Way. Should the City approve the proposal, the multi- tenant office building would share a ground monument sign and parking with the movie theater property directly to the east. BACKGROUND Applicant Property Owner(s). Location* Area in Acres: Comp Guide Plan Desig: Current Zoning SUMMARY Heritage Development of Minnesota, LLC South east comer of Chippendale Avenue and Carrousel Way 2.05 BP Business Park BP 3, Business Park 3 Planned Unit Development The purpose of a Planned Unit Development (PUD) is to allow flexibility from typical 2 i Building Performance Standards for the BP-3 District Standard Requirement Proposal Status Front Yard 40 ft. 98.25 ft.' Conforming Side Yard 30 ft. 93 75 79 25 ft. Conforming Rear Yard 30 ft 84.75 ft. Conforming Building Height 40 ft. 29 ft. Conforming Maximum Lot Coverage 75% 68% Conforming zoning performance standards to encourage higher quality development. This process involves an exchange in which the City eases certain performance standards in return for an enhanced development In this case, the City is waiving the off premise sign prohibition and allowing shared parking in exchange for shared driveways, improved site design, and enhanced landscaping and berming. The specifics of these enhancements are detailed in the site plan review below. Site Plan Land Use Zoning. The proposed multi- tenant office building is consistent with the current land use and zoning designations for the subject property. The 2020 Land Use Plan guides the property as BP Business Park while the Zoning Map designates the site as BP -3, Business Park 3 Multi- tenant office buildings are permitted uses under both classifications. The following table compares the required building performance standards with those proposed by this development. 1— Setback from Chippendale Avenue 2- Setbacks for both Carrousel Way and 153' Street. Access Parking. The parking area will have a bituminous surface surrounded by concrete curb and cutter. The parking area will be accessed from two curb cuts. The northeast curb cut is located along Carrousel Way and will be shared with the movie theater while the southeast curb cut is located along 153` Street. Staff recommends that a condition of approval require the applicant to submit a joint access easement for the northeast access from Carrousel Way for review and approval by the City Attorney. Section 8.1 H outlines the off street parking standards for office buildings and requires five stalls for every one thousand (5/1,000) square feet of building area In this case, the 25,400 square foot building requires 127 stalls The site plan shows 128 total stalls or one more than required by ordinance. However, as part of the PUD, staff is requiring additional landscaping and pedestrian walkways within the parking area that will result in the elimination seven stalls These stalls shall be replaced through a joint parking agreement as outlined in Section 8 1.D of the zoning ordinance. Staff recommends that a condition of approval require the applicant to submit a shared parking agreement with the movie theater for 7 stalls. These stalls shall be aligned with the east entrance and connected to that entrance by a sidewalk and striping of a pedestrian walkway in the parking lot Staff is comfortable that the two uses have off peak parking usage and therefore the sharing of 7 stalls will not cause a hardship on 3 either of the two business uses, as currently proposed As designed, the 9' by 20' parking stalls and 24' drive lanes within the parking lot meet the minimum standards as outlined in the zoning ordinance. However, staff recommends minor design changes to add a sidewalk around the perimeter of the building. Starting from the edge of the building, staff recommends redesigning the parking area to have a minimum 3 5' planting area, 19' interior parking stalls, 24' drive lane, and 18' outer parking stall, This design will separate pedestrian and automobile traffic by adding a sidewalk around the building, while still allowing room for parking and landscaping. Loading. The site plan illustrates bus /straight truck turning dimensions that overrun the proposed drive lanes Staff recommends that a condition of approval require the applicant to redesign the parking area to accommodate all necessary truck turning dimensions It is unclear if larger trucks will be accessing the site. If the developer believes that smaller trucks will be providing most of the deliveries, turning radii for garbage trucks and smaller "box" trucks may be acceptable. Exterior Building Materials Staff finds the proposed budding meets the exterior materials standards for properties in the BP -3 District outlined in Section 7 2.A of the Zoning Ordinance. The ordinance requires 50 percent of all exterior walls to be faced with one or a combination of the following materials. brick, decorative block, glass, stucco, stone, or architectural concrete panels This standard increases to 100% for all surfaces facing public rights -of -way or residential uses or districts. As proposed, the exterior matenals of this building will consist of a 3' culture stone veneer base with two colors of stucco walls and a standing seam metal roof. Budding accents include a covered west side entrance, cultured stone veneer chimneys, and glass and steel windows Trash Enclosure. Staff finds the proposed trash enclosure consistent with the performance standards for waste container enclosures The site plan illustrates the trash enclosure in the site's northeast corner south of Carrousel Way The enclosure will be constructed of masonry block painted to match the principal building with a concrete slab and a Cedar gate While the enclosure meets the construction standards, staff recommends relocating it to a less visible location behind the building to the first stall in the western row of parking The landscaping planned for the original location should also be moved to the new location. Landscaping Berming. The landscape plan meets the minimum landscape and plantings requirements for a permitted use within the BP District. However, this application is presented as a PUD which allows the City to require higher standards. As a result, staff recommends minor changes to increase screening and the overall year round appearance of the site These recommendations as well as an analysis of the landscape plan are provided below. 4 The landscape plan calls for a mixture of Spruce, Ash, Hackberry, Lilac, Oak, and Maple trees along with a variety of shrubs The Zoning Ordinance also requires all areas not occupied by building or hardcover be landscaped with sod, rock, or mulch. The performance standards for the BP District require landscaping within parking areas. To meet this standard, staff recommends as a condition of approval that the applicant eliminate four parking stalls and replace them with landscaped areas containing at least one deciduous tree and foundation plantings The stalls to be replaced with landscaped areas are located at the four corners of the interior row of parking and will be replaced by the shared parking agreement. Section 8.2.C. requires a 90% opacity screen for parking areas adjacent to residential districts To meet this requirement, staff recommends adding three foot berms along Chippendale Avenue and 153 Street. in addition, staff recommends increasing the number of trees along 153 Street from 8 to 19. All 19 trees shall be coniferous and shall be planted in staggered rows with 10 foot spacing Signage. By ordinance, properties in the BP District are limited to one ground monument sign not to exceed 20 feet in height or 80 square feet As part of the PUD, the applicant requests one 16' 7" by 12' 5" monument sign totaling 97.7 square feet. This sign will be shared with the adjacent movie theater Staff can support the larger shared sign which affords visibility to the office building and the movie theater Support is based predicated on two conditions First, the sign shall be the only ground sign on the office building site. Second, should the movie theater request another sign, it must be located along the east side of the movie theater site and may not exceed 62 3 square feet (2 X 80 160 97.7 62.3). In other words the combination of the two signs could not exceed the total sign square footage allotted for the two signs on each property. Exterior Lighting. The exterior lighting plan appears to meet the lighting performance standards for the BP District. The plan illustrates eight pole lights in the parking area all of which should not cast light beyond the site However, the building elevations illustrate 20 wall lights with no photometrics. Staff recommends that a condition of approval require the applicant to demonstrate that all exterior lighting will be directed toward the ground and will not exceed 0 5 lumens at any property line. Engineering Upon review of the Heritage Carrousel Plaza site plans dated March 17, 2004 and received on March 23, 2004, the Engineering Department offers the following comments. Any retaining wall over 4 -feet in height requires design by a licensed structural engineer. A profile of the retaining wall showing top and bottom elevations shall be provided for review. Owner /Contractor shall be responsible for acquisition of NPDES Storm Water Permit. 5 Provide erosion control and restoration plans. A rock construction entrance that matches the City's specifications shall be included in the plans The following erosion control notes shall be added to the plans: o Silt fence must be installed prior to construction and maintained by the contractor for the duration of the project. o SWPPP must comply with NPDES Phase II requirements and City of Rosemount's requirements for erosion control o Inlet protection is required on all catch basin structures until such time that the site fully stabilized. The silt fence detail should match the heavy -duty silt fence detail as specified in the City of Rosemount Standard Specifications Manual. Additional catch basins shall be installed in the parking lot to minimize large spreads and ponding that can be associated with such flat grades. Also, catch basins shall be installed in the south entrance to minimize flow off site. The final catch basin structure before leaving the site shall have a 2 -foot sump. Earthwork calculations shall be provided for review. Silt fence should be extended in the northwest corner to Carrousel Way. There is an existing 8 -foot bituminous trail located along Chippendale Avenue; the site plan should reflect this. As part of the development of this site the construction of a 5 -foot concrete walk shall be installed along Carrousel Way for the length of the subject property The concrete walk detail shall depict a minimum 12 -inch select granular base. A grading permit will be required with a bond at $3000 per acre. The City Fire Marshall shall review water connection for fire suppression standards. The fight pole that is proposed on the south side of the lot shall be relocated to a location that is not directly on top of the sanitary sewer service line. "Stop" should be reworded to "Stub" in the description for the services on page 2 and the word construct is misspelled in the detail for MH -1 on page 2. 6 Estimated fees for the site are as follows: o Trunk Sewer Area Charges 2.1 AC x $1015IAC $2,131.50 o Trunk Water Area Charge 2.1 AC x $4010 /AC $8,421 00 o Trunk Storm Area Charge 2 1 AC x $4575/AC $9607 50 o Sewer Connection Fees SAC units are calculated by MCES MCES Fee $1350 /SAC City Fee $1125 /SAC o Water Connection (WAC), 2 -inch meter $12,155.00 o Storm Connection (STAC) 2 1 AC x $1,525/AC $3202.50 o Ponding Fee 2.1 AC x $6,098 /AC $12,805.80 o Trail Reimbursement Cost along Chippendale Avenue $6,124.80 Pedestrian Circulation. In addition to the sidewalk along Carrousel Way, staff recommends the applicant provide pedestrian connections to the office building as part of the PUD Specifically, the applicant shall provide a five -foot sidewalk from the trail along Chippendale Avenue to the parking area and stripe a crosswalk from the end of the sidewalk to the building's west entrance. The applicant shall also provide a stairway and sidewalk connection from the shared parking on the movie theater site to the office parking lot and a striped crosswalk from the edge of the parking lot to the building's east entrance These pedestrian connections will eliminate two parking stalls which should be replaced by the shared parking agreement. Park Dedication. Park dedication fees are typically paid as part of the final plat approvals. Therefore, no park dedication is due as part of this site plan /PUD application. CONCLUSION Overall staff is supportive of the current proposal The building and site plan generally meet the ordinance requirements of the underlying BP zoning Additionally, because of the PUD request, staff is asking for additional Landscaping and some modifications to the site design to provide more pedestrian access. The PUD also allows for a shared freestanding sign between the office and movie theater properties. This is acceptable to staff so long as the amount of signage between the two properties does not exceed what would be permitted for the sites independently. Shared access and parking are also necessary to successfully meet ordinance standards and achieve some of the staff recommendations for landscaping and the addition of a building perimeter sidewalk. 7 and 8 0 YE� WOMY THIS DECLARATION made this WI" day of 2006, by Heritage Development of Minnesota, LLC (hereinafter referred to as the "Declarant WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1, Carrousel Plaza Center, Dakota County, Minnesota (hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Rosemount, Minnesota City in connection with the approval of an application for a planned unit development for a 25,400 square foot commercial office building development on the Subject Property; and WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the planned unit development would not have been approved; RECEIve MAY 1 9 2006 s 1 DECLARATION OF COVENANTS AND RESTRICTIONS CARROUSEL PLAZA OFFICE BUILDING WHEREAS, as a condition of approval of the planned unit development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restnctions (hereinafter the "Declaration and WHEREAS, to secure the benefits and advantages of approval of such planned unit development, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the following documents, plans and drawings: a. City Resolution No. 2004 -69, Exhibit One b. Site Plan dated 4- 22 -04, Exhibit Two c. Landscape Plan dated 5- 10-04, Exhibit Three d. West and South Elevations dated 3- 23 -04, Exhibit Four e. East and North Elevations dated 3- 23 -04, Exhibit Five f. Lighting Plan dated 4- 22 -04, Exhibit Six g. Utility Plan dated 3- 17 -04, Exhibit Seven h. Grading Plan dated 3 -17 -04, Exhibit Eight i. Plat, Exhibit Nine j. Monument Sign Plan dated 3- 12-04, Exhibit Ten all of which are copies of original documents on file with the City and are made a part hereof. 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: 2 restrictions. a. All standards and plans identified in this PUD declaration of covenants and b. All current and applicable standards for 25,400 square foot office buildings located in the BP -3, Business Park 3 District identified in Ordinance B, the Zoning Ordinance, Ordinance Number XVII.4, the Subdivision Ordinance, and all other applicable federal, state and county standards. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use. 4. In connection with the approval of developers of the Subject Property, the following variances from City Zoning or Subdivision Code provisions were approved: a. Shared parking of seven (7) off street parking stalls with the movie theater property directly to the east. b. Shared access from both Carrousel Way and 153 Street. c. Shared signage with the movie theater property directly to the east. In all other respects the use and development of the Subject Property shall conform to the requirements of the City Code of Ordinances. 5. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. 3 1N WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ss. COUNTY OF RAMSEY THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered (CLL) 470 Pillsbury Center 200 South Sixth Street j6f`lau-+n -`b Minneapolis, MN 55402 (612) 337 -9300 4 HERITAGE DEVELOPMENT OF MINNESOTA,. SL (DECLARANT) By The foregoing instrument was acknowledged before me this day of April, 2006, by Edward John Dobbs, the Vice President of Heritage Development of Minnesota, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Ed John Dobbs Its Vice President /tif Notary ubhc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- 69 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN FOR HERITAGE DEVELOPMENT CARROUSEL PLAZA OFFICE BUILDING WHEREAS, the Community Development Department of the City of Rosemount received an application from Heritage Development of Minnesota, LLC requesting approval of a Planned Unit Development Final Development Plan for construction of a two -story 25,400 square foot office building with shared parking and signage on the property located on the southeast corner of Chippendale Avenue and Carrousel Way, legally described as: Lot 1 Block 1, Carrousel Office Plaza Center, Dakota County, Minnesota WHEREAS, on April 27, 2004, the Planning Commission of the City of Rosemount reviewed the request for approval of a Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building; and WHEREAS, the Planning Commission of the City of Rosemount found the site plan for Carrousel Plaza office building consistent with current land use and zoning designations for the subject property; and WHEREAS, the Planning Commission of the City of Rosemount found the site plan for Carrousel Plaza office building consistent with minimum standards for access parking, building materials, trash enclosure, landscaping and berming, signage and lighting for the subject property; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the application for a Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building subject to conditions; and WHEREAS, on May 18, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the application for a Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building, subject to the following conditions: I Issuance of a building permit. 2. Submission of a joint access easement between Heritage Development, LLC and the movie theater property for the northeast access from Carrousel Way. This agreement shall be reviewed and approved by the City Attorney. The applicant must also obtain a cross access agreement to use 153` Street or demonstrate that legal access is already granted to the subject property. 3. Submission of a shared parking agreement between Heritage Development, LLC and the movie theater property for 7 parking stalls. These stalls shall be aligned with the east entrance and connected to that entrance by a sidewalk and striping of a pedestrian walkway in the parking lot. This agreement shall be reviewed and approved by the City Attorney. 4. Submission of a shared signage agreement between Heritage Development, LLC and the movie theater property. This agreement shall allow one ground monument sign on the northwest corner of the subject property. This sign shall be the only ground sign on the office building site This agreement shall be reviewed and approved by the City Attorney. 5. The movie theater site may request one additional ground monument sign. This sign must be located along the east side of the movie theater site and may not exceed 62.3 square feet (2 X80= 160 97.7 62.3). 6. The developer shall adequately address the City Engineer concerns as outlined in the staff report, including payment of all associated fees and charges. 7. All landscaped areas shall be irrigated. 8. Payment of park dedication in the amount of S18,900 or demonstrate that this fee was paid at the time of final plat. 2 RESOLUTION 2004 6 9 ATTEST: Lin a Jentink, Ci 3 ADOPTED this 18 day of May 2004 by the City Council of the City of Rosemount. William H. Droste, Mayor RESOLUTION 2004 6 9 Motion by: strayton Second by: Shoe Corrigan Voted in favor: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste Voted against: None Member absent: None