HomeMy WebLinkAbout20070402 - VIII-B-2VIII-B-2
Memo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: April 2, 2007
Subject: Development Agreement -CROSSROADS CENTER EAST
REQUEST
The City Council is asked to approve the attached Development Agreement between the
City and the developers of CROSSROADS CENTER EAST, containing one commercial lot
(former Wal-Mart -future Coborns) and two outlots for further development. The
development is located west of Red Wing Blvd between 33`d Street and Tiffany Drive.
The City Council granted Final Plat approval on March 5, 2007. As a condition of approval,
the developer was required to enter into a development agreement with the city to
memorialize conditions of approval.
GENERAL COMMENTS
Future Development -General Development Plan -The agreement memorializes
review comments from the Coborn's Site Plan related to the General Development Plan
submitted for future development of Outlots A and B and additions to the existing
building.
The agreement states future development consistent with the General Development
Plan shall be considered to meet the City's parking and access requirements until April
2, 2010, regardless of any changes in the City's ordinances prior to that time, so long as
the proposed expansions do not exceed the square footage shown on the General
Development Plan. Future City approvals including platting and site plan would still be
required.
Parking Lot Drive Aisle -City Staff has recommended eliminating parking as shown
below in order to provide a continuous drive aisle free of parking for the development.
County Crossroads owners and Coborns have strongly objected to the elimination of
parking at that location. The drive aisle requirement has been eliminated from the
development agreement due to developer concerns.
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Continue 24"wide drive
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far emergency vehacles.
Eliminate is#ends and
graded mapnd as needed
#o provide Connectivity.
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ATTACHMENTS
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• Location Map
• Final Plat
• Development Agreement
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DEVELOPMENT AGREEMENT FOR
CROSSROADS CENTER EAST
THIS AGREEMENT is made and entered into this day of , 2007, by and
between the Cityof Hastings, a Minnesota Municipal Corporation ("City") and Crossroads Mall Inc.,
a Minnesota Corporation ("Developer"); and
WHEREAS, Developer proposes to plat certain property in the City of Hastings, Dakota
County, Minnesota, which plat is proposed to be called:
Crossroads Center East
and is hereafter referred to as "Subject Property"; and
WHEREAS, Developer plans to undertake the development and construction of a
commercial development on the Subject Property; and
WHEREAS, public hearings have been held providing an opportunity for input by the
neighbors and other interested persons; and
WHEREAS, the Hastings City Council has approved the Developer's proposed commercial
development, subject to Developer entering into this Development Agreement and otherwise
complying with all conditions of city council approval; and
WHEREAS, Developer is signing this Development Agreement fully expecting to bind its
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interest in the Subject Property to the terms of this Development Agreement.
NOW, THEREFORE, it is hereby agreed between the parties as follows:
Applicatimx of DevelopmentAQreement. This Development Agreement shall apply
to the following property in the City of Hastings, Dakota County, Minnesota, legally
described as:
Couxxty Crossroads East,
according to the plat thereof
to be filed in the Dakota County Recorder's Office.
All references in this Development Agreement to a lot, block or outlot, shall refer to
a lot, block or outlot contained in the plat of Crossroads Center East.
2. Authority to Make Agreement. Developer warrants to the City it has full authority
to enter into this Development Agreement and perform the conditions herein
contained. Developer further warrants that this Development Agreement will be
recorded against the Subject Property before any of the Subject Property is
transferred or encumbered in any way. Developer further warrants that there are no
other persons or entities having an interest in the Subject Property.
3. Compliance with Conditions ofPreliminarv and Final Plat Approval. Developer
agrees to comply with all conditions of preliminary plat and final plat approval
proposed by the City. Those conditions of preliminary and final plat approval shall
be considered a part of this Development Agreement as if set out in this Development
Agreement in full.
4. Outlots A and B. No development shall take place on either Outlots A or B until
that outlot has been replatted and site plan approval has been obtained from the City.
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Developer has submitted to the City a General Development Plan Latest Revision
12/10/06, ("General Development Plan") which shows proposed uses for Outlots A
and B. A copy of this General Development Plan is attached to this Development
Agreement as Exhibit A. The General Development Plan proposes for Outlot A a
one-story restaurant building not to exceed 8,500 square feet with 170 parking
spaces; and for Outlot B a two-story retail/office building not to exceed 15,800
square feet with 63 parking spaces. City agrees Developer may develop Outlots A
and B in the manner and size proposed by the General Development Plan regardless
of any change in the City's ordinances. Additionally, City agrees the proposed
development of Outlots A and B as shown on the General Development Plan shall
meet the City's parking and access requirements until April 2, 2010, regardless of any
changes in the City's ordinances prior to that date. This agreement by the City
concerning the future development of Outlots A and B shall remain in effect only
until April 2, 2010. Thereafter, any development of Outlots A and B shall comply
with all city code provisions in effect at that time. Regardless of the foregoing
agreement, before Developer can develop Outlots A and B, Developer must replat
the outlot and obtain site plan approval from the City.
5. Future Additions to Existing Buildings. The General Development Plan shows a
59,432 square foot building titled "Grocery" and an attached 16,732 square foot
"Retail" building. The General Development Plan also shows a proposed 12,375
square foot expansion to the Grocery building and a 24,200 square foot expansion to
the Retail building. City agrees that both of the proposed expansions as shown on
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the General Development Plan shall be considered to meet the City's parking and
access requirements until April 2, 2010, regardless of any changes in the City's
ordinances prior to that time, so long as the proposed expansions do not exceed the
square footage shown on the General Development Plan. Thereafter, any expansion
shall comply with all city code requirements in effect at the time of the expansion.
The agreement by the City in this paragraph shall not constitute site plan approval of
any such expansion. Regardless of the agreement made by the City in this paragraph,
any expansion of the existing building will require preliminary plat and final plat
approvals, as well as site plan approval from the City.
6. Streets, Drives and Utilities. All streets, drives and utilities within the Subject
Property shall be privately owned and maintained. The City will not assume any
ownership or responsibility for any infrastructure within the Subject Property.
7. Joint Access and Parking Easements. Before the City will sign the final plat,
Developer must submit to City, for its approval, a joint access and parking easement
which will guarantee parking and access rights to all lots and outlots within the
Subject Property and County Crossroads Center 3`d Addition. This joint access and
parking easement must be recorded immediately after the plat of the Subject Property
is recorded.
8. Mechanical Equipment. Before City will sign the final plat, Developer must secure
a permanent easement, in a form acceptable to the City, allowing the mechanical
equipment for the building on Lot 1, Block 1 of the Subject Property to be located
directly south of said retail building.
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9. Uncompleted Site Work. Before City will issue a Certificate of Occupancy for any
structure on the Subject Property, Developer must provide City with a cash escrow
in the amount of 125°/0 of the estimated value for any uncompleted site work,
including landscaping. This escrow will be returned to Developer upon completion
of all site work, including landscaping. If Developer fails to timely complete any
uncompleted site work or landscaping, City shall be allowed to use this cash escrow
to complete such unfinished work.
10. Noise. At no time shall noise originating from the Subject Properly exceed 60
decibels as measured at the property lines of abutting residential properties for any
sustained period of time. Any noise originating from the Subject Property in
violation of this paragraph shall be considered a public nuisance and subject any
owner of the Subject Property to criminal and/or civil penalties as allowed by city
ordinances and state law.
11. Development Grading and Utility Plans. Before Developer begins construction, it
shall obtain approval from the City of Hastings of all development, grading and
utility plans required by the City. The Developer agrees to be responsible for any
costs incurred by the City in having the City's consultant review Developer's grading
and utility plans.
12. Site Plan Escrow Amounts. Before any building permit shall be issued by the City,
Developer agrees to deposit with the City, cash escrows in an amount necessary to
guarantee the completion of site plan activities on the Subject Property.
13. Recording the Final Plat. The final plat of the Subject Property must be submitted
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for recording with Dakota County within one year from city council approval.
Failure to record the final plat of the Subject Property within that time frame shall
cause the City's approval to be null and void. Developer agrees to pay all costs of
recording this Development Agreement with Dakota County. Developer further
agrees Chat the Development Agreement will be recorded against the Subject Property
before any of the Subject Property is transferred or encumbered in any way.
l4. Minnesota Department of Transportatiai Comments. Before the City will issue
any Certificate of Occupancy for the Subject Property, Developer agrees to satisfy
any Minnesota Department of Transportation review concerns.
15. Development Agreement To Run With The Land. The terms of this Development
Agreement shall be binding upon Developer and Developer's successors and assigns
to all or any part of the Subject Property and shall run with the land. If any portion
of this Development Agreement is held invalid for any reason, that decision shall not
affect the validity of the remaining portions of this Development Agreement.
16. Notices. Any notices required by this Development Agreement shall be sent to the
parties as follows:
TO THE CITY:
City of Hastings
Attn: City Administrator
101 E. Fourth Street
Hastings, MN 55033
TO THE DEVELOPER:
Crossroads Mall, Inc.
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Dated this _ day of , 2007.
CITY OF HASTINGS, A MINNESOTA
MUNICIPAL CORPORATION
By:
Paul J. hicks, Mayor
(SEAL) By:
Melanie Mesko Lee,
Assistant City Administrator/City Clerk
Dated this _ day of , 2007.
CROSSROADS MALL, INC., A MINNESOTA
MUNICIPAL CORPORATION
By:
Its:
ACKNOWLEDGMENT
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of , 2007 by
Paul J. Hicks and Melanie Mesko Lee the Mayor and Assistant City Administrator/City Clerk of the
City of Hastings, Minnesota.
NOTARY PUBLIC
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ACKNOWLEDGMENT
STATE OF MINNESOTA
ss.
COUNTYOFDAKOTA )
The foregoing instrument was acknowledged before me this day of , 2007
by the of Crossroads Mall, Inc., a Minnesota Corporation
who signed this instrument on behalf of said Corporation.
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
FLUEGEL & MOYNIHANP.A.
1303 South Frontage Road, Suite #5
Hastings, MN 55033
651-438-9777
(SMM/ham)
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