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HomeMy WebLinkAbout6.h. TNT Fireworks Interim Use Permit - Temporary Fireworks Sales Lot, 08-10-IUPAGENDA ITEM: 08 -10 -IUP TNT Fireworks Interim Use Permit Temporary Fireworks Sales Lot AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. tell. ATTACHMENTS: 04 -21 -08 PC Excerpt Minutes, Resolution, Interim Use Permit Conditions, Area Map, Aerial Photo, Anonymous Comment Letter, Memo from Police Chief Gary Kalstabakken Regarding the Use and Sale of Fireworks, Letter from Chris Ulmer of TNT Fireworks, Letter Permitting Operation of the Fireworks Sales Lot from the Property Owner, Certificate of Insurance. APPROVED BY: RECOMMENDED ACTION: Motion to adopt a Resolution approving an Interim Use Permit (OUP) for TNT Fireworks to allow a temporary fireworks sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center. 4 ROSEMOUNT City Council Meeting: May 20, 2008 SUMMARY TNT Fireworks (American Promotional Events) Clarel Corporation Northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center (3784 150 Street West) 9.67 Acres C Commercial C -4, General Commercial and Chippendale /42 Partnership Planned Unit Development (PUD) The applicant, TNT Fireworks, requests an Interim Use Permit (IUP) to allow the operation of a temporary fireworks sales lot. This application is required because the City amended the commercial zoning standards in November 2005 to classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit. Should the City approve the IUP, TNT will operate the sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150 Street West (see attached map). The applicant plans to operate the sales lot from June 24th until July 5 with setup and breakdown occurring three days prior and after these dates. All firework sales will take place within a 30' X 45' flame retardant vinyl tent leased to TNT by Tables and Tent Company of Rosemount. The tent will Applicant Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: CITY COUNCIL EXECUTIVE SUMMARY be supported by two center poles and anchored by 42" stakes placed every eight (8) feet. According to TNT, all products stocked and sold at the Rosemount location are legal in the state of Minnesota. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item during their meeting on April 21, 2008. Minutes from that meeting are attached for your reference. During the presentation from staff, it was noted that the City had received an anonymous letter from a resident of the Claret Springs Village townhome neighborhood directly south of Cub Foods opposing this use (see attached). Their opposition is based on the potential danger associated with the use of fireworks. The Police Chief addresses these concerns in his memo dated April 16, 2008 (attached). The Police Chief finds that the City cannot prohibit the sale of fireworks that comply with National Fire Protection Association Standard 1124. According to TNT, there products (non aerial and non- explosive) comply with this standard and Minnesota state law. The Police Department will enforce all laws relating to the sale and use of fireworks within the City of Rosemount. In addition, the conditions of approval regulate the operation (location, hours of operation, insurance, etc.) of this use in an attempt to limit its impact on the community. After some discussion, the Commission voted unanimously to recommend the City Council approve this request. Interim Use Permit Review IUPs are intended to permit the temporary use of a property for a specific use until a particular date, the occurrence of a particular event, or zoning regulations no longer permit the use. The general standards and findings necessary for reviewing an IUP application are outlined in Section 11- 10 -08. In addition, specific findings for transient merchants are outlined in Section 11 -4 -13. The City must approve or deny each IUP request based on findings related to these criteria. Staff's review and findings for these criteria are outlined below. Should the City approve an IUP request, it may attach conditions to mitigate anticipated adverse impacts associated with the use, ensure compliance with the standards of approval, protect the value of other property, and achieve the goals and objectives of the comprehensive plan. The three general criteria for reviewing all IUPs are listed below. The third of these general criteria requires review of the specific criteria for the proposed IUP. In this case, this standard reviews the nine specific criteria for transient merchants. 1. The interim use must be allowed in the zoning district where the property is located. Finding: The subject property is zoned C -4, General Commercial and Chippendale /42 Partnership Planned Unit Development (PUD). Outdoor sales lots are considered Transient Merchants and are listed as an interim use in this district by reference. 2. The interim use must meet or exceed the performance standards set forth in this title and other applicable City ordinances. Finding: The applicant will conduct the fireworks sale within a 30' X 45' flame retardant vinyl tent leased to TNT by Tables and Tent Company of Rosemount. The tent will be located in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150 Street West. This type of structure and its location conforms with the standards of the C -4 zoning district. 2 3. The interim use must comply with the specific standards for the use identified in this title, and must comply with all conditions of approval which shall be included in an IUP agreement. Finding: Specific standards for transient merchants are identified in Section 11- 4 -13.E. The following conditions of approval apply the ordinance standards to the particular request: a. The owner and /or operator of the outdoor sales lot or event shall have written permission of the property owner on which the sale is located. b. No portion of the sales lot or any advertising for the event shall take place within any public right of way or intersection sight triangle. A minimum ten foot (10) setback or the minimum parking setback for the applicable zoning district, if it provides for a greater setback, shall be maintained from all property lines and no portion of the use shall take place within one hundred feet (100) of any property line of any residential use or residentially zoned property. c. Any signage for the outdoor sale lot or event shall comply with the temporary signage requirements contained in chapter 8 of this title. d. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot or event shall comply with all applicable building codes and permit requirements. e. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. f. Adequate off street parking, with a surface in compliance with subsection 8 -2 -2I of this code, shall be provided for both the principal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. No parking related to the outside sales lot shall be permitted on adjacent parcels without the prior written consent of the adjacent parcel owner. h. The operation of the outdoor sales lot shall comply with the approved site plan attached to this report. i. The fireworks sales lot may operate from June 24th until July 5, 2008 with setup and breakdown occurring three days prior and after these dates. The applicant shall contact the City prior to installation of the fireworks sales lot each year with the dates of operation for that year and an updated site plan. Up to 19 days of operation (including time for setup and breakdown) shall be allowed each year by this permit, which is valid until July 8, 2010. The applicant shall provide proof of adequate liability insurance issued by a company licensed to do business in the state of Minnesota showing that the insurance will be in effect for the entire time the licensee's business will be conducted in the city. The applicant shall notify the City in writing at least 30 days prior to cancellation of the insurance. k. Violation of any condition of approval or otherwise unlawful activity may result in immediate revocation of the IUP. g. 3 In addition to both the general IUP standards and those specific to transient merchants, Section 11- 10-08 requires the City to make the following five findings related to all IUPs. 1. The extent, location, and intensity of the use will be in substantial compliance with the comprehensive plan. Finding: The Comprehensive Plan identifies the subject property as C Commercial. Staff finds the operation of a temporary fireworks sale lot on this site to be in compliance with the spirit and intent of the Commercial land use designation. 2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. Finding: The sales lot will have the same access as the rest of the shopping center. This includes direct ingress and egress from both Claret and Crestone Avenues via the shopping center's internal access drive. 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety, and general welfare. Finding: According to the applicant, their fireworks products comply with National Fire Protection Association standard 1124 and applicable state law. In addition to the conditions approval contained in the attached IUP, TNT is required to receive approval for this use from the City's Fire Marshal. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Finding: Given that the surrounding land is all but fully developed, operation of the fireworks sales lot should not impede the normal and orderly development and improvement of the surrounding property. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Finding: The subject use is consistent with the C Commercial land use designation, the C -4, General Commercial zoning classifications and the Chippendale /42 Partnership Planned Unit Development (PUD). CONCLUSION Staff recommends approval of the Interim Use Permit request from TNT Fireworks to allow the operation of a temporary outdoor fireworks sales lot. This recommendation is based on the materials submitted by the applicant and the findings made in this report. Should the City approve the IUP, TNT would operate the sale lot in an area encompassing 22 parking stalls in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150` Street West. The fireworks sales lot may operate from June 24th until July 5, 2008 with setup and breakdown occurring three days prior and after these dates. The applicant must contact the City prior to installation of the fireworks sales lot each year with the dates of operation for that year. 4 This IUP is valid until July 8, 2010 and allows up to 19 days of operation (including time for setup and breakdown) each year. The lot may be open from 8:00 a.m. to 10:00 p.m. Standards governing the operation of the sales lot are detailed in the attached Interim Use Permit. RECOMMENDATION Recommend approval of an Interim Use Permit to allow a temporary outdoor fireworks sales lot for the TNT Fireworks, subject to conformance with the conditions outlined in the attached IUP. 5 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING APRIL 21, 2008 5.b. TNT Fireworks Interim Use Permit Application (08 -10 -IUP). Planner Lindahl presented this item. The applicant, TNT Fireworks, requests an Interim Use Permit "IUP to allow the operation of a temporary fireworks sales lot. This application is required because the City amended the commercial zoning standards in November 2005 to classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit. Should the City approve the IUP, TNT will operate the sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150t Street West. Mr. Lindahl reviewed the requirements of approving an interim use permit. The Applicant was present but did not provide comment. The public hearing was opened at 6:49p.m. There were no public comments. MOTION by Howell to close the public hearing. Second by Schultz. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:50p.m. There was no discussion or questions among the Commission. MOTION by Palda to approve an Interim Use Permit (IUP) to allow a temporary fireworks sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center, subject to the following: 1. Conformance with all conditions outlined in the attached Interim Use Permit for 2008 through 2010. Second by Howell. Ayes: 5. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council on May 20, 2008. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2008 A RESOLUTION APPROVING THE INTERIM USE PERMIT FOR TNT FIREWORKS TO ALLOW A FIREWORKS SALES LOT WHEREAS, the City of Rosemount received an application from TNT Fireworks for approval of an Interim Use Permit to allow a fireworks sales lot in the north portion of the Rosemount Village Shopping Center Parking Lot, located at 3784 150th Street West, Rosemount, Minnesota; and WHEREAS, on April 21, 2008, the Planning Commission of the City of Rosemount held a public hearing to review the Interim Use Permit application from TNT Fireworks to allow a fireworks sales lot in the north portion of the Rosemount Village Shopping Center Parking Lot; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the Interim Use Permit for TNT Fireworks subject to the conditions in the 2008 -2010 Interim Use Permit (Exhibit A); and WHEREAS, on May 20, 2008, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the 2008 -2010 Interim Use Permit for TNT Fireworks. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the 2008 -2010 Interim Use Permit to allow the fireworks sales in the north portion of the Rosemount Village Shopping Center Parking Lot, located at 3784 150th Street West, Rosemount, Minnesota, subject to the conditions listed in the 2008 -2010 Interim Use Permit (Exhibit A). ADOPTED this 20th day of May, 2008, by the City Council of the City of Rosemount ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor RESOLUTION 2008 Motion by: Second by: Voted in favor: Voted against Member absent 2 2008- Interim Use Permit Conditions for TNT Fireworks Transient Merchant Outdoor Sales Lot for Fireworks This Interim Use Permit (IUP) is valid only for Lot 1, Block 1, Rosemount Village, Dakota County, Minnesota. 1. This permit shall be in effect for the calendar years of 2008, 2009 and 2010 from its effective date to July 8, 2010. The outdoor sales lot may operate from June 24th to July 5th in 2008 with setup and breakdown occurring three clays before and after these dates. TNT Fireworks shall contact the City prior to installation of the sales lot each year with the dates of operation for that year. Up to 19 days of operation, including setup and breakdown, shall be allowed each year by this permit. 2. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. 3. The owner and /or operator of the outdoor sales lot shall have written permission of owner of the property on which the sale is located. 4. This permit shall be reviewed prior to any renewal for conformance with these conditions. Thereafter the City Council will determine the appropriate time interval for the subsequent renewal procedure. 5. Violation of any specified IUP condition or otherwise unlawful activity may result in immediate revocation of the IUP. 6. The operation of the outdoor sales lot shall comply with the approved site plan attached as Exhibit A. 7. Adequate off street parking, with a surface in compliance with subsection 8 -2 -2I of this code, shall be provided for both the principal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. 8. No parking related to the outdoor sales lot shall be permitted on adjacent parcels without the prior written consent of the adjacent parcel owner. 9. No portion of the sales lot or any advertising for the event shall take place within any public right -of -way or intersection sight triangle. A minimum ten foot (10) setback shall be maintained from all property lines and no portion of the use shall take place within one hundred feet (100) of any property line of any residential use or residentially zoned property. 10. The applicant is required to obtain all other applicable permits and approval, including approval from the city's Fire Marshal, prior to beginning operation. The applicant shall provide copies of these permits to the city. 11. All development and dimensional standards of the zoning ordinance apply to future improvements of the TNT Fireworks Sales Lot. 12. All structures, including temporary tents, must conform to the Uniform Building Code and Fire Code. 13. Any signage for the outdoor sale lot shall comply with the temporary signage requirements contained in chapter 8 of this title. 14. The applicant shall provide proof of adequate liability insurance issued by a company licensed to do business in the state of Minnesota showing that the insurance will be in effect for the entire time the licensee's business will be conducted in the city. The applicant shall notify the city in writing at least 30 days prior to cancellation of the insurance. TNT reworks (Cub Foods) Sit_ Plan Tent Placement Area Cub Foods g7-37 1,-/ a H U EXHIBIT A Copyright 2008, Dakota County Map Date: April 17, 2008 --1 r p I L _____..1 II I i 1 1 i i i. J 1 1 I 6 C Fireworks Sales Lot SL r• I s____ j i sales lc* u CI4 5 F el c o I 1 1 j 71. 1 1 i E '0 I u), 1 11 ill:II! I i>4 I I rTi T 1 HJH Copyright 2008, Dakota County Map Date: April 9, 2008 My name is Chris Ulmer and I am the Minnesota Area Manager for TNT Fireworks. We would like to set up a tent on the Cub Foods parking lot located at 3784 150th St W in Rosemount, MN. The tent would be operated by a local non profit group and the fireworks that would be sold are all Minnesota state approved safe sane fireworks. TNT guarantees that all the fireworks sold are legal according to state law. The selling period will be June 24th July 5th, with 2 or 3 days prior for setup and 2 or 3 days later for tear down. As of right now our hours of operation are as follows: June 24th July 2nd 10:OOam 10:OOpm. July 3rd 4th 8:OOam 12:00 midnight. July 5th 10:OOam 8:OOpm. We set hours for advertisement purposes on our website, but we do allow the groups to stay open longer or open earlier. The fireworks will be displayed on 15 8' tables. The tent will be erected and tore down by Table and Tents Rental Company of Rosemount. Thomas Bayer is the owner and he said it is ok to contact him at 612- 290 -2849. The tent is 30'x45' made of 16 oz. vinyl which is flame retardant. The tent will be anchored by 42 inch stakes every 8 feet and supported by two center poles. The location of the tent will be on the 3 full row of parking, opposite of Cub Foods on the end of the parking lot with the intersection of 150 St. W. and Claret Ave W. Chris Ulmer Area Manager Minnesota TNT Fireworks Cell: 701 400 -7661 Office: 701 205 -0518 Fax: 701 205 -0519 ulmerc@tntfireworks.com Cub Foods a SUPERVALU Company 421 S. Third Street Stillwater, MN 55082 FOODS Phone: (651) 439 -7200 March 12, 2008 To Whom It May Concern: American Promotional Events, Inc. dba TNT Fireworks is approved for the year 2008 to conduct a fireworks promotion (where legal) on our store parking lots. Events usually run 10 -12 days with set up beginning approximately 5 days prior to the event. American Promotional Events, Inc. dba TNT Fireworks is hereby granted permission to erect a tent on our property for the purpose of having a July 4 retail sale. We also authorize American Promotional Events, Inc. dba TNT Fireworks representatives to sign and apply for, and obtain any documentation necessary for all permits, variances and/or licenses as owner's agents for this promotion. Thank you, in advance, for your cooperation in this matter and if you have any questions, please contact Chris Ulmer at (701) 400 -7661 or TNT® Customer Service at 1 (800) 243- 1189. Sincerely) Jae G. Meurer Director of General 41rchandise Cub Foods A SuperValu Company JGM/mc April 11, 2008 To: City Planning Commissioners of the City of Rosemount Subject: Opposition to TNT fireworks to be sold on the Cub Food Shopping Center Parking Lot As a person who lives very near the Cub Food Store we are in Opposition to the sale of Fireworks. Frankly we are surprised the city would even condone fireworks in the City as a result of various safety concerns. Also surprised the Fire and Police Departments have not opposed this action by the County Commissioners. Last year fireworks were set off and landed on several roofs on the town home division known as Claret Springs West, which is opposite the Cub Food Store. Our family was witnessed to these fireworks landing on these roofs. It's highly likely these fireworks were purchased from the fireworks concession that was set up at the Cub Food Store last year. Police were called and we saw no action taken by them. Our concern is that once again the Planning Commissioners of Rosemount will not listen to their concerned citizens and will allow this sale of fireworks. As we all know fireworks generate revenue for the city and at the same time the Commissioners want to disregard the safety of their citizens. The Planning Commissioners of Rosemount did not listen to its' citizens when they opposed the building of Cub Food Store, nor did they listen to the opposition voiced against the downtown re= development: This`hopefizlly Will not be the third occurrence of the City of Rosemount Plan ring- Coirimissioners not listening to theirr citizens To restate, our concern is that a house or personal injury will occur, such as a traumatic amputation(s) or traumatic blindness from a miss- guided firework(s) will have to take place and subsequent law suit/litigation to occur before the City of Rosemount Commissioners will abide by their citizen's request to ban sale of fireworks. Or is the city willing to take on added expense of carrying additional insurance liability in order to help a private company sell their fireworks. Will the Cub Food Store also carry additional insurance liability for TNT Fireworks in the event of potential litigation? These are serious issues that weigh on your leadership. The City of Rosemount already has a fireworks display paid for by tax dollars, if people want to see fireworks then let them attend the City's display. There is no need for private displays of fireworks with very inadequate safety supervision and possible safety violations not to mention noise disturbance violations that go on well past lOpm. Hopefully this letter will not fall on deaf ears by the Rosemount Planning Commissioners once again. Our family's concern is if the City can prevent one injury or destruction of private property then lose of revenue from fireworks sales is all worth while. I'm sure the Planning Commissioners would not want the responsibility of their actions to result in the above and as the Saying goes "An once of prevention is worth a pound of cure Respectfully Submitted, A Conicerned `Family of the City of Rosemount. The name withheld as we do not want repercussions from ourvoiced .opposition. 4 ROSE M0UNT POLICE DEPARTMENT M E M O R A N D U M To: Jason Lindahl, City Planner From: Gary Kalstabakken, Chief of Police Date: April 16, 2008 Subject: Fireworks Planning Commission Item This memorandum will address the issues raised in a letter received from a resident expressing several concerns regarding the use and sale of fireworks within the City. The letter was specifically about the proposed sale of fireworks by TNT but referenced several other issues that are not specific to TNT. First, the sale of certain fireworks is legal in Minnesota since changes in state statute were made in 2003 by the legislature. The sale of fireworks by TNT and any other business within the community must be done in compliance with state law. Furthermore, cities may not "prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition)." [MSS 624.20 S.1d(2)J. Second, the types of fireworks that are permitted to be sold do not include the type of fireworks which explode or launch into the air. Therefore, the resident's concern expressed about fireworks landing on rooftops is not related to the fireworks sold legally at TNT. The persons who set off the fireworks that landed on roof tops were using illegal fireworks that most likely were purchased in a neighboring state and illegally brought back into Minnesota and used illegally in Rosemount. Fireworks are specifically defined within MSS 624.20. Generally, legal fireworks are those that are non aerial and non exploding. This includes items that are commonly known as sparklers, snakes, glow worms, smoke devices, paper streamers, party poppers and snappers. There are also limits on the amount of chemical mixture or explosive mixture in the firework. Enforcement of the illegal use of fireworks is done by the Police Department. In the weeks prior to and immediately after Independence Day, officers respond to hundreds of fireworks complaints Each year officers confiscate illegal fireworks from numerous people and in a handful of cases citations are issued. Citations are not issued in all cases because the responding officer(s) may not be able to determine the exact source of the illegal fireworks or who amongst a group of persons was actually in possession or responsible for shooting off the illegal fireworks. In those cases, confiscation still results in solving the problems created, i.e. disturbing and endangering others in the area. It is also worth noting that police officers have frequently found complaints about fireworks to be unfounded since the statute changes in 2003. The use of legal fireworks still draws the attention of some persons and results in complaints. However, the officers find that the fireworks being used are of the type permitted by state statute. ACORD C ERTIFICATE OF INSURANCE ISSUE DATE 03/10/2008 PRODUCER MCGRIFF, SEIBELS WILLIAMS, INC. This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. P.O. Box 10265 Birmingham, AL 35202 205 252 9871 COMPANIES AFFORDING COVERAGE Company Crum Forster Specialty Ins. Co. A INSURED American Promotional Events, Inc. dba TNT Fireworks P.O. Box 1318 Florence, AL 35631 Company Lexington Insurance Company Company C Company D Company E This is to certify that the policies of insurance described herein have been Issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY ICI Commercial General Liability Claims Made Occurrence Owners' and Contractors' Protection 23 SIR: ESO,000 0 General Aggregate Limit applies per: Policy Project ❑Location GLO111010 11/01/2007 11/01/2008 EACH OCCURRENCE 1,000,000 FIRE DAMAGE 100,000 MEDICAL EXPENSE EXCLUDED PERS. AND ADVERTISING INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 PRODUCTS AND COMP, OPER. AGG. 2,000,000 AUTOMOBILE LIABILITY Any Automobile An Owned Automobiles Scheduled Automobiles Hired An ulomutom obaes Non-owned COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) COMPREHENSIVE COLLISION WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC Statutory Limit 1 1 Other 1 EL EACH ACCIDENT EL DISEASE (Each employee) EL DISEASE (Policy Limit) B EXCESS LIABILITY occurrence ❑CtaimsMade Retention/Deductible 10,000 0403400 11/01/2007 11/01/2008 EACH OCCURRENCE 1,000,000 AGGREGATE 1,000,000 RE: are Loc# MN3165: The Certificate Holders; Cub Foods; Clarel Corporation; Kraus Anderson Realty Company; Genred Youth Ministries and City of Rosemount named as Additional Insureds with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER Cub #31654 Rosemount Village Shopping Center 3784 150th Street W. Rosemount, MN 55068 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative 4, —1,,,,,,..a..9 ...a.a s :a Page 1 of 1 Certificate ID 2C4FN3OS