HomeMy WebLinkAboutPUD #1 Agreement and amendment-1990&1998 ���y -� ��.��� �- �
� City of Oro::o •� �
Document Fo�
Revised 10/07 ��
CITY OF ORONO � � ��"�
HENNEPIN COUNTY, MINNESOTA �_.,;�' "_;�.'17 �� �
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PLANNED UNIT DEVEIAPI�Nrr NO. I AGREII�NT FOR
East Willow Woods
(xa.me of Development) NOV 1. 9 i9�
Clifford L. Otten
(Name of I}eveloper) �
THIS AGREII�NT, Made and entered into this 23rd day of
April , 1990, by and between the City of Orono, a municipal
corporation organized under the laws of the State of Minnesota
(hereinafter called "City") , and Clifford Otten, his heirs,
successors and assigns (hereinafter called "Developer") .
WITNESSETH:
WHEREAS, the Developer has mac3e application to the City
Council for approval of a Planned Unit Development rezoning
application (PUD) and resolution no. 2692 of the City that
granted preliminary approval of PUD, subdivision and plat
approval for East Willow Woods, and commercial site plan
approval ; and
k�RF_AS, the City Council has granted approval for such
develop�.ent on the condition that the Developer enter into this
agreement to provide for conformance with the City's Planned Unit
Development ordinance (PUD) , all on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises, a::d of
the mutual promises and conditions hereinafter contained, it is
hereby agreed as follows:
1 . Pro�erty Description: Lots 1 and 2 , Block 1, and Octlots
A, B, C and D, all East Willow Woods, according to �he
plat thereof on file in the office of the Registrar of
Titles, Hennepin County, Minnesota (sometimes herei::
referred to as the "Property") .
2 . ZoninQ: The Property is zoned as a Planned Unit
Development under the Orono planned unit developnen�
ordinance with underlying B-6 zoning. The Property z�.ay be
hereinafter referred to as PUD-1.
3 . Permitted Uses : The buildings and the signs shown on �the
site plan attached for which the Developer has rec�:ested
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building permits are to be constructed only on Lot 1. The
first floor of the main building, including its greenhouse
portion, has approximately 24 , 644 square feet of space
with the Developer initially proposing to use
approximately 14 , 244 square feet for his business, Ieaving
approximately 9 , 600 square feet of rental space. The
second floor of the main building has approximately 9,600
square feet of space, of which the developer will use
approximately 5, 040 for his own business, leaving
approximately 4 , 560 of rental space. The storage
building, including covered storage, has approximately
7, 200 square feet of space. The production greenhouses
(approximately 4 , 920 square feet) are also shown on the
site plan attached. The Developer's uses of Lot Z
specifically include sales, service and rental uses for a
landscape and garden business, including yard and garden
equipment, and supportive and related uses.
The permitted uses of Lot 1 include the Developer's above
described specific uses, the zoning district B-6 pe�itted
uses, and the zoning district B-1 permitted uses except
arts and school supplies stores, barber and beauty� shops,
books, magazines, record shops, drugs, candy, ice cream,
soft drinks, cosmetics ar.3 other usual drug store
merchandise, dry cleaning and laundry pick-up stations
including incidental pressing and repair, jewelry shops
and repair, laundronats, �usic, newsstands, pipe an3
tobacco shops, retail focds, tailor shop, and wearing
apparel. Other uses may be allowed subject to an
amendment of this PUD.
Lot 2 may be used for the storage of plant, garden and
landscape related supplies and materials in conjw-�ction
with the Developer's use of Lot 1. Lot 2 may also be used
for zoning district B-6 Fermitted uses. In conjunc�ion
with Lot 1 use and under same ownership, Lot 2 nay be
improved with structures subject to City issuance o� a
conditional use pernit and commercial site plan approval
so long as such structures are built of the sa;�e naterials
and of the same quality as the developer's structures on
Lot 1 and so long as such structures are greenhouses which
are auxiliary to the Developer's business on Lot 1. Such
conditional use pernit srall require appropriate sc:eening
of the structures from Highway 12.
Users shall be obligated to conform to all applicable
Orono ordinances and to the provisions of this PLD
Agreement. The foregoinc uses are pernitted pursua� to
this PUD Agreement. � �
4 . Site Access: The p:esen� access to Lot 1 is via Hig::way
12 and Willow Drive. For the purposes of this PUD Lot 2
may only be accessed thrc�gh Lot 1 and the ingress enly
access via Highway 12 and only so long as Lot 2 is ow-ned
" Initials of Developer �'�,¢
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Page � of 6
and used by the owner of Lot 1 as part of the landscape
and garden business on Lot 1.
For special assessment purposes relating to the �
construction of a road improvement on Outlot C, the
Developer agrees that benefit to Lot 1 from the road will
not take into account the presence of the existing Willow
Drive access; the City agrees that the construction of the
road on outlot C will not require the Wiliow Drive access
be closed.
The present access from Highway 12 to Lots 1 and 2 is
approved as part of the PUD for ingress only. In its sole
discretion the Orono city council by a three member vote
may approve the right of egress but only upon the request
of the owner of Lot 1.
If Lot 2 ceases to be owned and used by the owner of Lot
1 in conjunction with the use of Lot 1 or is developed
independently, then Lot 2 shall be obligated to develop
access via Outlot C unless the City in its sole discretion
determines that alternative access is adequate.
5, BuildinQ DesiQn and Construction: The improvements on
said Lot 1 shall be constructed according to the plans on
file with the City of Orono. The building plans show a
main building with a partial second floor and an
accessory building, and production greenhouses, all on
said Lot l. The exterior of the building shall be of a
combination of tan and dark brown concrete blocks with
split-face stone finish with trim of dark brown and green
to match anodized aluminum with clear glazing used through
area where plant materials are maintained. All accessory
structures shall be of the same exterior finish and
exterior colors as shown on elevation plans attached to
this agreement.
To the extent Developer builds structures on Lot 2 for use
in conjunction with his business on Lot 1, such structures
on Lot 2 shall be constructed of the same materials and of
the same cruality as those on Lot 1.
6. Heic�ht: The portions of the flat roof are at a height of
30' or less. The two story portion of the building with
the gabled roof is 32 ' 6" to the peak, 21'8" to the eave,
and 27 ' to the mid-point. The height of this building to
the peak not to exceed 32 '6^ is permitted pursuant to this
PUD Agreement. �: .
7 . Si�;�s : The signs and signage in said Lot 1 shall conform
to the Sign Plans (4 pages) dated April 5, 1990 on file
with the City and are permitted pursuant to this PUD
Agreement. In consideration of the fact that the said
sign plans permit Developer's pylon sign to be closer to
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,
Willow Road than is otherwise permitted by ordinance,
Developer agrees to relocate such sign at any time that
either Willow Road is upgraded and such raad upgrading in
the opinion of the City makes the said pylon sign location
a hazard, or prevents normal and custo�ary road
maintenance.
8 . Compliance: At any time and from time to time the
Developer may request that the City provide the Developer
a certificate certifying that the terms and provisions of
this Agreement have been complied with and that this PUD
Agreement is in full force and effect with respect to the
development for the purpose of facilitating sale,
mortgage, insurance, or other matters. To the extent that
there be any bona fide defaults in such compliance, the
Developer shall be afforded a reasonable time to bring the
development into conformance, and thereafter the City
shall be obligated to provide such certificate.
9 . Bindincr Effect: The terms and provisions hereof shall be
binding upon and inure to the benefit of the heirs,-
representatives, successors and assigns of the parties
hereto. References herein to Developer, if there be more
than one, shall mean each and all of them. This agreement
at the option of the City shall be placed of record so as
to give notice hereof to subsequent purchasers and
encumbrancers of all or any part of the property.
10. Notices: Whenever in this agreenent it shall be required
or permitted that notice or demand be given or served by
either party to this agreement to or on the other party,
such notice or demand shall be delivered personally or
mailed by United States certified mail (return receipt
requested) to the addresses set forth below. Such notice
or demand shall be deemed timely given when delivered
personally or when deposited in the mail in accordance
with the above.
Notice to Citv Notice to Developer
City of Orono Clifford L. Otten
Clerk/Administrator P. O. Box 249
P. O. Box 66 Long Lake, MN 55356
Crystal Bay, MN 55323
11 . Incorporation by Reference• Al1 plans, specifications
and contracts for the improvements furnished and let
pursuant to this agreement shall be and hereby are made a
part of this agreement by reference as fully as if set
out herein in full . �
12 . Disclaimer by Citv: It is understood and agreed that the
City, the City Council , and the agents and employees of
the City shall not be personally liable or responsible in
any manner to the Developer or Developer's contractors,
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subcontractors, aaterialmen, Iaborers, or any other
person, firm or corporation, for any debt, claim, demand,
damages, actions, or causes of action of any kind or
character, arising aut of or by reason of the execution
of this agreement or the performance and completion of the
improvements.
13 . Hold Harmless and Indemnification: The Developer shall
indemnify and hold harmless the City, the City Council,
and the agents and employees of the City from and against
all claims, damages, losses or expenses, including
attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be
held liable, arising out of or resulting from the
assertion against them of any claims, debts or
obligations in consequence of the performance of this
agreement by the Developer, its employees, agents or
subcontractors, whether or not caused in part by a party
indemnified hereunder.
14 . Remedy for Default: Default by the Developer of any of
the terms of this agreement shall automatically result in
the suspension or withholding of all permits, licenses,
occupancy certificates or other authorizations issued by
the City in connection with the property included in this
developmer,t. The remedies afforded to the City under this
Section shall be in addition to any other remedies to
which the City may be entitled by law or other agreement.
Default by the City shall entitle the Developer to seek
injunctive/mandatory relief through the courts, together
with other relief as the law may provide.
15. Controllin�c AQree�ent. To the extent that there is any
difference or ambiguity between this Planned Unit
Development Agree�ent and other agreements between the
city and the developer, this Planned Unit Development
Agreement shall control.
IN wITNESS W�EREOF, the City and Developer have
caused this agreement to be duly executed on the day and year
first above written.
In Presence of: CITY OF ORONO
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_ �� THERESA L NAAB
,J �t"':�� NOTARY PUF3LIC - MINNESOTA
i `?•�'� HENNEPIN COUNTY
1st'.- My commisslon exp�ros 9592 •
- Initials of Developer �'�'
Znitials of City Clerk/�����
Page 5 of 6
DEVELOPER
.�:�C� � `, /�. � '" �
C1`� rd L. 'Otten
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Reviewed' for Administration:
Date• �� p a� . ��t Q� By: �
'ty Official)
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_l'HIS 1NSTRL'N1ENT V`!AS DRAFTED- BY
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(name and addre�s)
STATE OF MINN ESOTA)
) ss .
COUNTY OF HIIVNEPIN)
The foregoing instrument was acknowledged before me this 23rd
day of Ap�ril 1990 b Clifford L. Otten.
.r.>ri. Jor.L�,:.r.=rrA,
•:r=�., SANDRA K. RODENZ t� _ �
�!� ��� "NOTAAY PUBUC-MINNESOTA �
':`��� HENNEPIN COUNTY Notary Public
My Commisslon Expires Sept.25,1991
�t�.tGC�CC`
STATE OF MINNESOTA)
) ss
COUNTY OF HINNEPIN)
The foregoing instrument was acknowledged before me on this
23rd day of April, 1990 by James R. Grabek, Mayor, and Dorothy M.
Hallin, City Clerk, of the City of Orono, a Minnesota municipal
� corporation, on behalf of the corporat'
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Notary Pub c
THERESA L NAAB
tIpTARY PUBLIC- MINNESOTA _...
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OCT 22, �
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- Initials of Developer (� �
Initials of City Clerk
D�,�o G ,.a c
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CITY OF ORONO �
HENNEPIiti COUNTY, II�IIYNESOTA
AMENDVIENT NU�MBER 1 TO
PLAI�'NEB UNIT DEVELOPMEi��I' NO. I AGREEi�iENT FOR
East�Villo�• `�oods
Clifford L. Otten. Developer
THIS AGREEMEI�'T,Made and entered in this�day of ��G� �J p� 1998,
by and between the City of Orono, a mtmicipal corporation organized under the laws of the State
of Minnesota (hereinafter called "Cit�-") and CIi�'ord Otten, his heirs, successors and assigns
(hereinafter calied "Developer").
WITNESSETH:
W��REAS, the Developer ent�red into an Aareement dated April 23, 1990 (hereinafter
called "Agreement") to develop East «illo�v Woods as a Planned Unit Development-on all the
terms and conditions set forth in that certain Agre�rnent; and
WHEREAS,the Developer hzs requested an Amendment to the Agreement (hereinafter
"Amendment 1") to allow for construction of a �eenhouse addition adjacent to the existing
principal structure and has requested to mo�-e the existing canopy: and
WHEREAS, the Developer has requested that such Amendnent 1 further allow for
construction of a loading dock within Outlot C, E�t Willaw Woods; and
WHEREAS, the Developer has requested that such Amendment 1 further allow the
entrance monuments constructed within Lots 1 and 2 East Willow Woods at the site entrance from
Highway 12 to remain as constructed; and
WHEREAS,the City Council has granted approval for such Amendment 1, after a public
hearing and consideration and recommendation by the Planning Commission,
NOW,THEREFORE, in consideration of tne premises, and of the mutual promises and
conditions hereinafter contained, it is hereby- ajreed as follows:
l. Propertv description: Property description tor Amendment 1 is the same as that for the
Agreement.
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Page 1 cr 5
, ;
2. Zonin�: Property continues to be zoned as a Planned Unit Development under the •
Orono planned unit development ordinance with underlying B-6 zoning. �
3. Permitted Uses: Amendment 1 allows the greenhouse addition, relocated canopy and
entrance monuments as sho�n on attached Exhibit A_ In order to minimize lighting
impacts outside the property, greenhouse shall not have production lighting.
4. Conditionallv Permitted Use: Amendment 1 allows thc loading dock in the location
shown on attached Exhibit A to remain in place and used until such time as the City
determines that the road easement on which it is situated sha11 be opened. If the City
then requires that the loadin? dock be removed, Developer shall do so at Developer's
expense.
5. Site Access: Site access remains unchanaed from the Agreement.
6. Buildin� Desion and Construction: Building design and construction of the
greenhouse and relocated canopy in Amendment 1 shall be constructed according to
the plans on file with the City of Orono.
7. Hei�ht: The height of the gre-enhouse shall be 18 feet. The height of the canopy shall
be feet.
8. Si ns: The signs and signage shall not be changed from the requirements of the
Agreement.
9. Compliance: The obligations of compliance in the Agreement aze extended to include
this Amendment l.
, 10. Binding Effect: The binding effect of the Agreement is extended to include this
Amendment l.
11. Notices: The notice provisions of the A�eement are extended to include this
Amendment l.
12. Incorporation bv Reference: The plans, specifications and contracts for the
improvements in the Agreement and for this Amendment 1 are made part of this
Amendment 1.
13. Disclaimer bv Citv: The Disclaimer in the Agreement is extended to this
Amendment 1.
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Page 2 of S
. � ,
, 14. Hold Harmless and Indemnification: The Hold Harmless and Indemnificati�n of the
Agreemcnt is extended to this Amendment 1.
15. Remedv for Default: The Remedy for default in the A�ment is extended to this
Amendment 1.
16. ControllinQ Agreement: The terms ofthis Amendment 1 w1ll first control i�reading,
and it shall be read together with thc terns of the Agre:.men� These two dacuments
shal 1 control to the extent that there is any difference or ambiguity betwe�n them and
other agreements between the City and t�.e Developer.
Initials of Developer
C�
Initials of City Clerk ,�-'
Page 3 of 5
IN WITNESS WHEREOF,the City and Developer have caused this agreement to
be duly executed and to become effective on the day and year first above written.
In Presence of: CITY OF ORONO
wn�, .���1c-�� BY:
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t i��rc...z-,� $y: .� /
(City erk)
DEVELOPER
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CI1�0 , tt
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Reviewed for Administration:
Dated:
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this �'I��' day of
�'[:r��.�i-z z , 1998, by Clifford L. Otten.
( ' �e�i
1 o ary Public
��r�' JAMIE L.GEMAR
, NOTAAY PUBLIC-MINNESOTA
�,,,�, HENNEPIN COUNTY
MY Commisaion Expire�J�.31,200p
Initials of Developer
Initials of City Clerk �Z-v'
Page 4 of 5
, .
STATE OF MIN�NESOTA ) �
)ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this l' day of
�C��� , 1998 by Gabriel Jabbour, Mayor, and Linda S. Vee, City Clerk, of
the City of Orono, a Minnesota municipal corporation, on behalf of the corporation.
Q.�'Lc-t,e� ���t.�
Not � Public
JAM1E L GEMr'�R �
. ��'• NOTPAY P�B���"MINNES07A
. .
Hp�NEPIN COUNTY 31.2000
',' M �mmission FxDites.lan.
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Initials of Developer ��
Initials of City Clerk�
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