2001 11 29 Agenda
Economic Development Authority
Thursday, November 29, 2001, 5:30 p.m.
City Council Chambers, 7700 Market Blvd.
Approve Restrictive Covenants for Bowling
Alley Property.
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
("Declaration") is made effective this __ day of .... by the Economic
Development Authority in and for the City of Chanhasscn, a public body coq0orate and politic
under the laws of the State of Minnesota (hereinafter referred to as "Declarant").
RECITALS
WHEREAS, the Declarant is the Owner of real property legally described as Lot Two
(2), Block One (1), Chanhassen Mall, according to the plat thereof now on file and of record in
the Office of the County Recorder, Carver County, Minnesota (hereinafter referred to as "Subject
Property"); and
WHEREAS, the Declarant intends to sell the Subject Property for an integrated
commercial development; and
WHEREAS, in order to preserve the quality and harmonious development of the Subject
Property, the Declarant desires to impose covenants, conditions, and restrictions governing the
future use of the Subject Property.
NOW, THEREFORE, the Declarant hereby declares that the Subject Property shall be
owned, held, sold, leased, exchanged, conveyed, occupied, improved, maintained and used
subject to the covenants, conditions and restrictions herein set forth, all of which shall run with
the right, title and interest in and to the Subject Property, and which shall be binding upon and
inure to the benefit of the present and future Owners of the Subject Property and/or any part or
parts thereof.
II.
DEFINITIONS
The following defined terms apply to this Declaration:
97538 1
"Exclusive Liquor Store" is an establishment used exclusively for the sale of those items
authorized in Minn. Stat. § 340A.412, subd. 14, as amended from time to time.
"Fast Food Restaurant" shall have the meaning defined in the Chanhassen City Code,
cmTently defined as an establishment whose principal business is the sale of food and/or
beverages in a ready-to-consume state for consumption:
(1) Within restaurant building;
(2) Within a motor vehicle parked on the premises; or
(3) Off the premises as carry-out orders;
and whose principal method of operation includes the following characteristics:
(a)
Food and/or beverages are usually packaged prior to sale and are served in edible
containers or in paper, plastic, or other disposable containers;
(b)
The customer is not served food at his or her table by an employee, but receives it
at a counter window, or similar facility and carries it to another location on or off
the premises for consumption.
An "Owner" for purposes of this Declaration shall be the Declarant and its successors as
recorded fee simple owner of any part of the Subject Property. For purposes hereof, if any part
of the Subject Property is sold under a contract for deed or leased under a ground lease, the
contract for deed purchaser ("Vendee") and/or ground lessee shall be deemed the Owner in lieu
of the record fee simple owner, provided however, that for purposes of amending or modifying
this Declaration, the fee simple title owner and the Vendee and/or ground lessee, as the case may
be, shall jointly all be deemed the Owner.
III.
USE RESTRICTIONS
A. General. The Subject Property shall be used for lawful purposes in conformance
with all restrictions imposed by all applicable governmental laws, ordinances, codes, and
regulations, and no use or operation shall be made, conducted or permitted on or with respect to
all or any portion of the Subject Property which is illegal.
B. Prohibited Uses. Notwithstanding the foregoing, no use or operation will be
made, conducted or permitted on or with respect to all or any part of the Subject Property as
follows:
1. Any motor vehicle sales.
2. Any Exclusive Liquor Store.
97538 2
Any Fast Food Restaurant or other restaurant which sells food and/or
beverages at or through a drive-through service or sells food and/or
beverages to customers while the customers are in a motor vehicle.
IV.
TERM
The covenants of this Declaration shall be effective and in full force and effect for thirty
(30) years from the date hereof. At the end of said thirty (30) year period, the covenants of this
Declaration shall automatically be extended for successive ten (10) year periods, until or unless
the record Owners of the Subject Property agree in writing and file of record a statement that the
covenants of this Declaration shall not automatically renew at the next expiration date thereof,
but rather shall terminate and be of no further force and effect.
Ve
MISCELLANEOUS
A. Recitals. Recitals set forth in Article I shall be incorporated herein for all
purposes.
B. Enforcement. The covenants and restrictions contained in this Declaration shall
be enforceable by the City of Chanhassen by any appropriate legal and/or equitable remedy.
Any person violating any of the covenants shall be liable to the City of Chanhassen for all costs
and attorneys' fees that it incurs in successfully enforcing the covenants.
C. Severability. Invalidation of any of the terms and conditions of this Declaration,
whether by com"t order or otherwise, shall in no way affect any of the other terms and conditions,
which shall remain in full force and effect.
D. Governing Law. The Declaration has been entered into in the State of Minnesota
and shall be governed by and construed under the laws of the State of Minnesota.
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and date set forth above.
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF CHANHASSEN
By:.
Its: President
By:.
Todd Gerhardt
Its: Executive Director
97538 3
STATE OF MINNESOTA )
)SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of .,
, by and by Todd Gerhardt, the President and the Executive
Director, respectively, of the Economic Development Authority in and for the City of Chanhassen, a
public body corporate and politic under the laws of the State of Minnesota, on its behalf.
(NOTARY STAMP)
Notary Public
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
[MJFI
97538 4