1r. Market square parking deferment 1
CITYOF i
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\ 1 C II AN II A S S E N
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I - "' \ 'Y (612) 937 -1900 • FAX (612) 937 -5739
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I MEMORANDUM Mao by CPty Administrator 1/DW R
TO: Don Ashworth, City Manager Re':'" ''
t _ iTLJP.1 L
FROM: Jo Ann Olsen, Senior Planner fit S. ` 5 Ic "o "'ss10
1 DATE: December 10, 1992 Dc` '
1 SUBJ: Market Square Parking Deferment
I As part of the Market Square PUD approval, two restaurants were permitted (Guy's and Subway).
Since the opening of Market Square, two additional restaurants have been proposed (Frankie's
and an ice cream parlor). The parking for Market Square was calculated with most of the
1 development being retail. With the addition of two restaurants, staff was concerned that there
may be a parking shortage. Prior to approving the two additional restaurants, staff required the
developer of Market Square to enter into a Parking Deferment agreement. The Parking
1 Deferment contract requires the developer to construct additional parking spaces should the actual
parking demand require more parking. The attached development contract has been drafted by
our City Attorney's Office and has been reviewed and approved by the Market Square developer.
1 The City Council also needs to approve the attached development contract.
I RECOMMENDATION
Staff recommends the City Council approve the attached Parking Deferment Development
i Contract for Market Square.
ATTACHMENTS
1 1. Development Contract.
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1 t01 PRINTED ON RECYCLED PAPER
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II DEVELOPMENT CONTRACT
I AGREEMENT dated , 1992 by and between the
CITY OF CHANHASSEN, a Minnesota Municipal corporation ( "City "),
II and Market Square Associates Limited Partnership, a limited
partnership authorized to do business in the State of Minnesota
1 (the "Developer ").
I 1. Request for Parking Deferment. The Developer has asked
the City to defer construction of additional parking spaces
1 required on certain property legally described as follows
( "subject property "):
I Lot 1, Block 1, Market Square Addition.
I The Developer has proposed the addition of two restaurants to the
Market Square Shopping Center. The addition of two restaurants
1 results in the need for additional parking. The Developer has
asked the City to defer construction of additional parking spaces
1 until actual parking demand requires the construction of
additional parking spaces.
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2. Grant of Parking Deferment. The City hereby grants a
I deferment for the construction of the required parking spaces.
Adequate space in Lot 2 located on the site shall be reserved for
1 the construction of the deferred parking. No building expansion
or structure shall be allowed on the area reserved for future
I parking.
I 3. Termination of Deferment. When the City, in its sole
discretion, determines that the parking demand exceeds the number
I of constructed parking spaces, the City may end the parking
deferment and require the Developer to construct the parking
1 spaces, the construction of which has been deferred pursuant to
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this Agreement. If the Developer fails to construct the parking 1
spaces when ordered to do so by the City, the City may rescind
the certificate of occupancy for the building. 1
4. Recording. This Agreement shall run with the land and
shall be recorded against the title of the subject property.
5. Parking Plan. The parking plan and landscaping of the
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parking spaces required by this agreement shall be substantially
similar to Plan E and I which are part of the February 28, 1992 1
agreement between the same parties, entitled "Development
Contract and Planned Unit Development."
6. Development Contract Termination. If, by November 1,
1993, the City, in its sole discretion, determines that the
parking deferred by this Agreement is not necessary, the City
shall declare this Agreement null and void, and the City shall
record against the title of the subject property a release of the
conditions in this Development Contract. Notwithstanding the
above, if the mortgagee or its assigns, forecloses on the subject
property on or before November 1, 1993, the City, upon the
request of the mortagee or its assigns, shall declare this
Agreement null and void, and the City shall record against the
title to the subject property a release of the conditions in this
Development Contract.
7. Notices. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employee or agents, or mailed to the Developer by registered mail
at the following address: Ms. Vernelle Clayton, Lotus Realty,
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P.O. Box 99, Chanhassen, MN 55317. Notices to the City shall be
in writing and shall be either hand delivered to the City
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1 Manager, or mailed to the City Manager at the following address:
690 Coulter Drive, P.O. Box 147, Chanhassen, MN 55317.
' CITY OF CHANHASSEN
I BY:
Donald J. Chmiel, Mayor
AND:
Don Ashworth, City Manager
DEVELOPER:
' Market Square Associates
Limited Partnership
1 BY:
' BY:
STATE OF MINNESOTA )
) ss.
1 COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
' day of , 1992, by Donald J. Chmiel and by Don
Ashworth, the Mayor and City Manager of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
1 STATE OF MINNESOTA )
)ss.
' COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
day of , 1992, by , a
' general partner of 78th Square Partnership, as general partner of
Market Square Associates Limited Partnership, a limited
partnership authorized to do business in the State of Minnesota,
on its behalf.
Notary Public
DRAFTED BY:
Campbell, Knutson, Scott
' & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
1 Eagan, MN 55121
(612) 452 -5000
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