7b. Proposed Target Development, PUD Agreement 10/21/92 16:38 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL 2002/014
1. 7_
CAMPBELL, KNUTSON, SCOTT & FUCHS, PA.
Attorneys at Law
T h.111;i,, ea n 012) }52 i00Q
It,,;rr N. K� a r.,,n F:ix (612) 452.5550
TI-uArcis M. Scott
Gary G. Fuchs
1 Ji,111C0 1.. Wnlston f City Administrator
Elliott B. Kimsc1'f October 21 1992
iv khoel A. Brobnk BOfted - -14 11121-
ltenac D. SCCiftr
Modified
Rejected
BY PAS AND MAIL Qeta 10
Date Submitted to Commission
' Mr. Todd Gerhardt
Chanhassen City Hall Mete Submitted to Council
690 Coulter Drive, Box 147 /o - Zb -
Chanhassen, Minnesota 55317
RE: Target Development - PUD Agreement
Dear 'Todd:
Enclosed please find revised Planned Unit Development
1 Agreement between Dayton Hudson Corporation and Jim and Brigitte
Burdick in connection with the Target development. Changes from
previous draft dated 10/07/92 are in paragraphs 3(A), 3(B), 3(C),
6, and by deleting paragraphs 11(D), 11(E), and 14(A).
1 very truly yours,
1 CAMS: ._ 41.1, TSON, SCOTT
FUCHS, P. -
r
•
,
Roger N. Knutson
RNK: srn
Enclosure
cc: Catherine Boschee, Target Law Dept.
1
i
1
1
1
Suitt 317 • EaganJn1e Office Center • 1380 Corporate Center Curve • Eagan, :\1N 551 21
1
1C►.22: 92 15:01 '$612 452 5550 CAMPBELL KNUTSON ii r CHAN, CI TY HALL 1 002.013
1
PLANNED UNIT DEVELOPMENT
AGREEMENT
' AGREEMENT dated , 1992, by, between, and among
the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter
referred to as the "City "), and DAYTON HUDSON CORPORATION, a Minnesota
corporation, and B.C. "JIM" BURDICK and BRIGITTE BURDICK, husband and
wife (hereinafter collectively referred to as the "Developer ").
1. Request for Approval. The Developer has asked the City to
1 approve a planned unit development for the land legally described on the
' attached Exhibit "A" ( "PUD ").
2. Conditions of Approval. The City hereby grants PUD
approval subject to the conditions set forth in this Agreement.
3. Development Plans. The PUD shall be developed in
1 accordance with the following plans. The plans shall not be attached to
' this Agreement. If the plans vary from the written terms of this
Agreement, the written terms shall control. The plans are
' A. Conditions listed in Staff report dated
1992, attached hereto as Exhibit "B ".
' B. Site plan dated , prepared by RLK
Associates Ltd.
C. Landscape plan dated , prepared by
' RLK Associates Ltd.
D. Plat of Chanhassen Retail Addition.
' 4. Zoning. Except as modified by this Agreement, BG, General
' Business District zoning, as may be amended from time to time, shall
apply to the PUD.
' 5. Additional Approvals. Prior to development, the following
additional approvals are required. This list is not inclusive and does
r 10/22/92
10.22.92 15:01 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL 01003.013
1
1
not exempt the Developer from any other requirements imposed by
statutes, rules, or ordinances. Required approvals include:
A. PUD requirements in the City's zoning ordinance.
B. Preliminary and final plat approval for Outlot B, 1
Chanhassen Retail Addition.
C. Site plan approval for each lot, except Lot 1, Block 1, 1
Chanhassen Retail Addition which has been approved.
6. Allowed Uses. The following uses are permitted within the 1
PUD:
* Day Dare Center 1
* Standard Restaurants
* Retail
* Financial Institutions, including Drive -in Service
* Newspaper and Small Printing Offices
* Veterinary Clinic
* Offices
* Health Care Facility
* Garden Center (completely enclosed)
* Bars and Taverns, if not more than 40% of gross revenue
is derived from the sale of intoxicating liquor
* Fast Food Restaurants on Outlot B, Chanhassen Retail
Addition (a maximum of 2)
Except as provided above, all other permitted, conditional, and interim 1
uses are prohibited.
7. Building Materials and Design. All buildings within the
PUD shall conform to the following requirements: 1
A. All materials shall be of high quality and durable.
Masonry material shall be used. Color shall be 1
introduced through brick or colored block or panels.
Painted surfaces shall be allowed only on Lot 1, Block
1, Chanhassen Retail Addition.
B. Block shall have a weathered face or be polished,
fluted, or broken face.
C. concrete may be poured in place, tilt -up or pre -cast,
and shall be finished in stone, textured, or coated.
D. Metal standing seam siding may only be used as support 1
material to one of the above materials, curtain wall on
office components, or as a roofing material.
-2- 1
10;22/92 15:02 '8`612 452 5550 CAMPBELL KNUTSON 4-44 CHAN, CITY HALL C] 004.013
1
E. All accessory structures shall be designed to be
compatible with the primary structure. All ground
mounted equipment, trash storage, etc. must be fully
screened by compatible masonry walls.
F. All roof mounted equipment shall be screened by pitched
roofs, except for Lot 1, Block 1, Chanhassen Retail
Addition, shall have a parapet wall for screening. Wood
screen fences are prohibited. Screening shall consist
of compatible materials.
G. All outlots shall be designed with similar material and
' colors as the building on Lot 1, Block 1, Chanhassen
Retail Addition.
' H. All buildings on Outlot B, Chanhassen Retail Addition,
shall have a pitched roof line and use architectural
themes consistent with each other, the building on Lot
1, Block 1, Chanhassen Retail Addition, and represen-
tative of the Chanhassen CBD.
8. Landscaping and Screening. Development within the PUD
shall conform to the following requirements;
A. Each lot within the PUD must have a landscaping plan
' approved by the City as part of the site plan review
process.
' B. All open spaces and non - parking lot surfaces shall be
landscaped, or covered with plantings and /or lawn
material.
C. Outdoor storage is prohibited.
D. The master Landscape plan for Lot 1, Block 1,
' Chanhassen Retail Addition, shall be the design guide
for all of the specific site landscape developments.
Each lot must present a landscape plan for approval
' with the site plan review process.
E. Loading areas shall be screened from public right -of-
ways. Wing wall may be required where deemed
' appropriate.
F. Outlot B, Chanhassen Retail Addition, shall be seeded
' and maintained in a weed free condition in all areas
proposed for future development.
G. Tree preservation areas shall be clearly staked and
marked by snow fence. Prior to the start of grading,
City staff may require minor revisions to grading
including the potential use of retaining walls, if it
appears that tree preservation will benefit. Protected
-3-
10/22/92 15:02 $612 452 5550 CAMPBELL KNUTSON 444 CHAN, CITY HALL 12005013
1
1
trees lost due to development activity shall be
replaced on a caliper inch basis in accordance with
plans approved by City staff.
9. signage. Exterior signage in the PUD is limited to the
following:
A. Lot 1, Block 1, and Outlot B, Chanhassen Retail
Addition, are each allowed one pylon sign.
B. Each lot shall be allowed one monument sign located
near the driveway into the lot. Monument signage shall I
be subject to the monument standards in the sign
ordinance.
C. Wall signs are permitted on no more than two (2) street I
frontages. The total of all wall mounted sign display
areas shall, not exceed fifteen percent (15 %) of the
total area of the building wall upon which the signs
are mounted.
D. The signage must have consistency throughout the PUD
and shall tie the building materials to be consistent
with the signs. This includes freestanding wall and
monument signs. Signs shall be an architecture feature,
they shall not be solely mounted on a pole of a
foundation.
E. Consistency in signage shall relate to color, size,
materials, and heights.
F. Sign permits from the City are required for each sign.
G. Temporary signs are allowed if consistent with the City
sign code.
10. Lighting. The following exterior lighting standards in the
PUD shall apply: '
A. All light fixtures shall be shielded high pressure
sodium shoe box fixtures. Light level for site lighting I
shall be no more than 1/2 candle at the property line.
This does not apply to street lighting.
B. Glare, whether direct or reflected, as differentiated
from general illumination shall not be visible beyond
the limits of the site from which it originates.
C. Lights shall be on a photoelectric cell to turn them on
and off automatically as activated by yearly conditions.
D. Light poles shall use shoe box light standards. 1
-4-
11
10.22.92 15 :03 $612 452 5550 CAMPBELL KNUTSON 44 CHAN, CITY HALL 2006/013
1
11. Special Provisions. PUD development shall also comply with
the following special provisions:
A. All buildings on Outlot B, Chanhassen Retail Addition,
shall have a pitched roof.
B. The City may require a revised concept plan for Outlot
B, Chanhassen Retail Addition, depending upon the
alignment for West 78th Street.
C. The impervious surface for the entire PUD shall not
exceed seventy percent (70 %). All site plans and
development shall be consistent with this requirement.
' 12. Representations by Developer. The Developer represents to
the City that the PUD and its development will comply with all city,
county, metropolitan, state, and federal laws and regulations, including
but not limited to: subdivision ordinances, zoning ordinances,
' environmental regulations, the Federal Clean Water Act, and the
applicable Minnesota statutes and regulations regulating wetlands. If
the City determines that the PUD does not comply, the City may, at its
option, refuse to allow construction or development work in the PUD
until the Developer does comply. Upon the City's demand, the Developer
shall cease work until there is compliance.
13. Changes in official Controls. Unless the Developer has
materially breached the terms of this PUD permit, for two (2) years from
' the date of this Agreement, no amendments to the City's Comprehensive
Plan, except an amendment placing the PUD in the current metropolitan
urban service area, or official controls shall apply to or affect the
use, development density, Iot size, lot layout or dedications of the
' approved PUD unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding
anything in this Contract to the contrary, to the full extent permitted
' -5-
10.22 %92 15:04 $612 452 5550 CAMPBELL KNUTSON 4i4 CHAN. CITY HALL a007/013
1
by City may state law the Cit require compliance with any amendments to the
Y re �
City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
14. Responsibility for Costs. 1
A. The Developer shall hold the City and its officers,
employees, and agents harmless from claims made by itself and third '
parties for damages sustained or costs incurred resulting from PUD ,
approval and development. The Developer shall indemnify the City and its
officers, employees, and agents for all costs, damages, or expenses 1
which the city may pay or incur in consequence of such claims, including
attorneys' fees. 1
B. The Developer shall reimburse the City for costs
incurred in the enforcement of this Agreement, including reasonable
engineering and reasonable attorneys' fees if the City prevails. ,
C. The Developer shall pay in full all bills submitted to
it by the City for obligations incurred under this Agreement within
forty-five (45) days after receipt. If the bills are not paid on time,
the City may halt PUD development and construction until the bills are
paid in full. Bills not paid within forty -five (45) days shall accrue
1
interest at the rate of eight percent (8 %) per year.
1
CITY OF CHANHASSEN
BY:
(SEAL) Donald J. Chmiel, Mayor
BY:
Don Ashworth, City Manager
-6- 1
10.22.92 15:04 12612 452 5550 CAMPBELL KNUTSON iii CHAN. CITY HALL 2008 /013
1
11 DEVELOPER:
DAYTON HUDSON CORPORATION
BY:
Its
B.C. "JIM" BURDICK
BRIGITTE BURDICK
STATE OF MINNESOTA }
i ( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1992, by Donald J. Chmiel, Mayor, and by Don
Ashworth, 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
STATE OF MINNESOTA }
( ss.
' COUNTY OF
The foregoing instrument was acknowledged before me this
day of - , 1992, by and by
the and
of Dayton Hudson Corporation, a Minnesota corporation, on its behalf.
NOTARY PUBLIC
STATE OF MINNESOTA )
' COUNTY OF ( ss.
' The foregoing instrument was acknowledged before me this
day of , 1992, by B.C. "Jim" Burdick and Brigitte Burdick,
husband and wife.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve, suite #317
Eagan, Minnesota 55121
(612) 452-5000
-7-
10.22.92 15:05 21612 452 5550 CAMPBELL KNUTSON 4 CHAN. CITY HALL 2009/013
1
CONSENT 11
, fee 1
owners of all or part of the subject property, the development of which
is governed by the foregoing Planned Unit Development Permit, affirm and
consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject property
owned by them.
Dated this day of , 19 '
STATE OF MINNESOTA ) '
( Ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 by -
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott '
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
1
. 1
10 %22.92 15:05 ''612 452 5550 CAMPBELL KNUTSON 44 CHAN, CITY HALL Z010/013
1
CONSENT
, which
holds a mortgage on the subject property, the development of which is
governed by the foregoing Planned Unit Development Permit, agrees that
the Development Contract shall remain in full force and effect even if
it forecloses on its mortgage.
1 Dated this day of , 19
1
1
' STATE OF MINNESOTA )
( ss.
COUNTY OF
1 The foregoing instrument was acknowledged before me this
day of , 19 , by
,.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
' 1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
1
1
1
1
1
1
10.22.92 15:06 $612 452 5550 CAMPBELL KNUTSON 444 CHAN, CITY HALL [j011i013
1
EXHIBIT "A"
TO
PLANNED UNIT DEVELOPMENT AGREEMENT
Legal Description of PUD Land 1
Lots 1, 2, and 3, Block 1, BURDICK PARK ADDITION, - 1
AND
Lots 1 and 2, Block 2, BURDICK PARK ADDITION. 1
AND
Lots 1 and 2, Block 3, BURDICK PARK ADDITION 1
AND 1
Lot 1, Block 1, and Outlots A, 8, and C, CHANHASSEN RETAIL ADDITION.
1
1
1
1
1
1
1
1
1
1
1
10%22.92 15:06 $`612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL [2012/013
1
EXHIBIT "3"
TO
PLANNED UNIT DEVELOPMENT AGREEMENT
Staff Report Dated r 1992
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
10.22.92 15:07 $612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL 1j013'013
1
IRREVOCABLE LETTER OP CREDIT
No.
Date:
TO: City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer)
and in your favor, our Irrevocable
Letter of Credit in the amount of $ , available to you by 1
your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
dated , 19 , of (Name of Bank)
b) Be signed by the Mayor or City Manager of the City of
Chanhassen.
c) Be presented for payment at _ (Address of Bank)
, Minnesota, on or before 4:00 p.m. on
19
This Letter of Credit sets forth in full our understanding which II shall not in any way be modified, amended, amplified, or limited by
reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation
Letter of Credit. More than one draw may be made under this Letter
of Credit. 1
This Letter of Credit shall be governed by the most recent
revision of the Uniform Customs and Practice for Documentary
Credits, International Chamber of Commerce Publication No. 290.
We hereby agree that a draft drawn under and in compliance with
1 this Letter of Credit shall be duly honored upon presentation.
BY: w 1
Its
1
1