HomeMy WebLinkAboutEDA March 1, 2005
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
March 1,2005 - 6:00 p.m,
Conference Room A & B
AGENDA
1. Call to Order
2. Approval of Minutes - February 15, 2005
Consent Al!enda
3. Update on Potential Land Exchange/Povlitzki - Planning
0 4, Andover Station North Purchase Agreements - Planning
a. Tramm Builders
b. Michael Casey
Discussion Items
5. Public Hearing/Bruggeman Land Sale - Planning
6. Consider PresentationIPlay Ventures of Minnesota, Continued - Planning
7. Review Details of Oppidan Letter of Intent - Planning
8. Approve Bruggeman Purchase Agreement - Planning
9. Approve Andover Station North Design Standards (Continued) - Planning
10, Other Business
11. Adjourn
<J Note: The meeting will be continued to the end of the regular City Council meeting of March 1,
2005, ifthere is not time to act on all the items between 6:00 - 7:00 p.m.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US
TO: Economic Department Authority
CC: J;m Dkkinron, Exocntive Drrc"'<rr ~
FROM:
Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: March I, 2005
INTRODUCTION
The following minutes were provided by city staff for approval by the EDA:
() February 15,2005 Regular Meeting (Nowak, Schultz absent)
DISCUSSION
Attached is a copy ofthe minutes for your approval.
ACTION REOUlRED
The EDA is requested to approve the minutes of February 15,2005.
Respectfully submitted,
LLL. tJLt
Vicki Volk
City Clerk
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Andover Economic Development Authority Meeting - February 15, 2005
Minutes
A meeting of the Andover Economic Development Authority was called to order
by President Mike Gamache at 6:02 p.m., Tuesday, February 15, 2005 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners Present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Commissioners Absent: Robert Nowak, Ed Schultz (Advisor to the EDA)
Also Present: Jim Dickinson, Executive Director
Dave Berkowitz, City Engineer
Will Neumeister, Community Development Director
Others
C) Approval of Minutes
Motion by Jacobson, seconded by Orttel to approve the minutes of February 1,
2005 as written. Motion carried unanimously.
Consent Agenda
Item 3. Schedule Public Hearing Date (March 1, 2005, 6:00 p.m.)
Item 4. Advertise Opening for EDA Commission
Item 5. Consider "Letter of Intent" from Play Ventures of Minnesota
Commissioner Jacobson questioned the purchase price being proposed by Play
Ventures of Minnesota. Mr. Dickinson noted that it should be $2.50.
Commissioner Jacobson also questioned why the EDA would be paying for the
ventilation system. Mr. Neumeister stated that they are talking with the attorney
regarding this, as the EDA should not be paying for part of the structure.
Under Due Diligence, Commissioner Jacobson asked the meaning of "the
economic performance of the property". Mr. Neumeister noted that means that
the buyer needs to know if his building will fit on the property. Commissioner
/, Jacobson questioned" associated retail spaces" under Intended Use. Mr.
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\-J February 15, 2005 - Minutes
Page 2
Dickinson explained this is so they can retrofit the building if the volleyball
doesn't work out.
Commissioner Orttel suggested that appraisals be performed on the Play
Ventures property and also Lot 2.
Motion by Jacobson, seconded by Orttel to approve the consent agenda as
presented with the discussion, Motion carried.
Andover Station North Design Standards
Mr. Neumeister noted that the City Attorney has recommended that Section 4,
Enforcement, be deleted and on Page I, he recommended changing the 4th
paragraph to read: Therefore, the EDA resolves that the property shall be
owned, used, occupied and conveyed subject to the conditions and restrictions
r---. set forth in these Design Standards, all of which shall be binding on all PerSOllil
lc,-__) owning or acquiring any right, title or interest in the Property and their heirs,
personal representatives, successors and assigns guidelines to the development
of all property in Andover Station North. By removing the language you do not
need the tenants' approval when you want to change the standards.
Commissioner Knight felt that the section regarding Required Building Entries is
: very hard to follow. Mr. Neumeister noted that this was patterned after
I Andover Station South.
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Commissioner Trude recommended that Lamp Color and Consistency be
amended as follows: "The lighting allowed in Andover Station North shall be as
i approved by the ARC.
Commissioner Jacobson noted that there are three areas of the city where adult
uses are allowed by law and they are not being allowed in Andover Station
North. Commissioner Orttel suggested getting an opinion from the City
Attorney to see if we can have a deed restriction that does not allow adult uses.
Motion by Knight, seconded by Jacobson to continue the Andover Station North
Design Standards to March I, 2005. Motion carried.
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February 15, 2005 - Minutes
Page 3
Review Jay Street Improvements
Mr. Berkowitz explained that the plans for Jay Street and Andover Station North
are well under way and they should be to State Aid by the end of the week.
There will be a median separation at Bunker Lake Boulevard, no landscaping
and the sidewalk on the east side will run all the way up to Hanson Boulevard.
The trail will be on the west side of Jay Street. South of the ball fields will be
internal trails and off Hanson Boulevard there will be another median. The
earliest the park will be available is 2007.
Mr. Dickinson stated that staff suggests that the ball field parking lot be used for
a Park and Ride lot.
Mr. Berkowitz noted that we will have 300 foot minimum fields with the 3rd field
being 275 feet. The baseball association felt this would work out well. The
Pollution Control Agency is willing to work with the city to allow us to infringe
f on the 65-foot buffer,
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Mr. Neumeister reviewed the schedule for construction of Jay Street and the
table showing the prices for the properties in Andover Station North.
Mr. Dickinson explained that bonds (4 million dollars) will be issued to do the
project. He reviewed the cash flow analysis issuing bonds with no land sales and
issuing bonds with land sales. Mr. Dickinson recommended moving forward on
the entire Jay Street project.
Motion by Grttel, seconded by Jacobson to adjourn. Motion carried.
The meeting adjourned at 7:02 p.m.
Respectfully submitted,
Vicki V olk
City Clerk
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US
TO: EDA _idon' ond 80"d ~
CC: Jim Dickinson, Executive Director .
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Update on Potential Land Exchange/Povlitzki -- Planning
DATE: March 1,2005
INTRODUCTION
Staff has been in discussions with the developer, Bruggeman Properties, and the adjacent land
owner, Brad Povlitzki, regarding a potential land exchange. As shown on the attached drawings,
the land to be exchanged is located at the northeastern comer of Brad Povlitzki's parcel. Both the
developer and Mr. Povlitzki see this land exchange as desirable, because that land is not easily
developed unless it is combined with the land the EDA owns (that lies to the north). The
:J developer (Bruggeman Properties) has indicated that the exchange would be acceptable to their
company. Included in the land exchange would be a small triangular area that is needed as
easement for streets and utilities for Jay Street construction (that is about 522 square feet in size)
and a small portion of the EDA land that would equate to the same amount of square feet.
DISCUSSION
The staff has been working with these two parties to develop an agreement to exchange property
to make it more manageable to develop their respective parcels, The agreement would also result
in the City obtaining the needed road/utility easement for Jay Street to be constructed this spring
(see attached draft of the exchange agreement). Final details of the agreement need to be put
together and brought back to the EDA, however staff would like to obtain approval to continue to
work towards completion ofthe exchange agreement.
ACTION REOUESTED
The EDA is requested to authorize the staff to continue to work towards completing a land
exchange agreement that is mutually agreeable and bring back the final copy for approval on
March 15,2005.
Respectfully submi~
Will Neumeister ""'-
Attachment
:J Drawing showing land to be exchanged
"Draft" Property Exchange Agreement
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0 "ORAFT" PROPFRTY FXC.HAN(;F A(;RFFMFNT (February 23, 2005)
THIS AGREEMENT, entered into this _ day of , 2005, by
and between the Andover Economic Development Authority, a body corporate and public
under the laws of the State of Minnesota ("EDA") and Povlitzki,
("Owners").
1. C.on!':idp.r::Jtion. In consideration of the covenants herein contained the EDA
agrees to convey or cause to be conveyed to Owners the following legally described
property:
See attached Exhibit A
and Owners agrees to conveyor cause to be conveyed to the EDA all of the following
described property:
() See attached Exhibit B.
2. C.lo!':ing O::JtP.. The date of closing of the foregoing exchange transaction
shall be on or before , 2005 (the "Closing Date"). On
the Closing Date, the parties each hereby agree to execute and deliver a Warranty Deed
conveying marketable title to said respective premises, subject only to the following
exceptions (the "Permitted Exceptions"):
a. Building and zoning laws, ordinances, state and federal regulations.
b. Reservations of any minerals or mineral rights to the State of Minnesota, if any.
c. An other exception to title waived under Section 4 of this Agreement.
On the Closing Date, the parties shall also each execute and deliver a customary affidavit
regarding seller stating that there are no liens, judgments, tax liens, bankruptcies, parties
in possession or boundary line problems affecting title to the property being conveyed by
~ each respective party.
3. Rp.::J1 F!':t::Jtp. T::JXp.!,: ::Jnd Spp.ci::J1 A!,:!,:p.!':!':mp.nt!':. Real estate taxes due and
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() payable in the year of closing shall be prorated between the parties on a calendar year
basis to the actual date of closing. Each party shall pay all special assessments levied
against the property they shall be conveying to the other on the date of this agreement.
Each party shall pay the real estate taxes due and payable on the property received by
them in the year following the closing and thereafter.
4. Ii1Ie. The Economic Development Authority and the Owner after approval
of this Agreement (as described in Section 11 below), will each furnish each other with a
Commitment for Title Insurance certified to date to include proper searches, etc. for the
property to be conveyed by said party. The other party shall be allowed ten (10) days
after receipt thereof for examination of said title and the making of any objections thereto,
said objections to be made in writing or deemed to be waived. If any objections are so
:~ made, the other party shall be allowed 120 days to cure the objection(s), during which
time the Closing Date shall be delayed.
If said objection(s) are not cured within 120 days from the date of written
objections thereto as above provided, this agreement shall be null and void, at the option
of the objecting party. If no objections are made or if any objections made are cured
within said time, and the objecting party shall default in any of the agreements and
continue to default for a period of ten (10) days, then, and in that case, the non-objecting
party may terminate this contract. This provision shall not deprive either party of the right
of enforcing the specific performance of this contract provided such contract shall not be
terminated as aforesaid, and provided action to enforce such specific performance shall
be commenced within six months after such right of action shall arise.
() 5. Noti~p-!;. All notices required herein shall be in writing and delivered
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(J personally or mailed to the address as shown in this paragraph, and, if mailed, are
effective as of the date of mailing. Addresses for the parties are:
To EDA: Andover City Hall
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
To Owners: Povlitzki
6. Minnf~sot~ I ~w. This contract shall be governed by the laws of the State of
Minnesota.
7. W~rr~nties. EDA and Owners represent to each other as follows:
a. To the best of their knowledge, that they will be lawfully seized in fee
simple of the property in which they are conveying.
b. That EDA and Owners will defend title and quiet enjoyment of the
property they are conveying against the lawful claims and demands
(~ of all persons subject to the Permitted Exceptions.
c. That EDA and Owners have no unrecorded agreements described
herein effecting the property that they shall convey to the other.
d. Neither party will commit waste or materially damage the property
that they are conveying to the other.
e. That EDA and Owners have received no notice of and otherwise
have no knowledge that any of the property to be conveyed by them,
respectively, is in violation of any applicable law or any applicable
private restriction.
f. That EDA and Owners have received no notice of and otherwise
have no knowledge of any action, litigation, investigation,
condemnation or proceeding of any kind pending or threatened,
actually or potentially affecting or relating to this Agreement or any
part of the property to be conveyed by them, respectively.
8. Well ~nrl Fllel T~nk l1isdosllre, Each party certifies to the other that it does
not know any wells or fuel tanks on the property that they are conveying to the other
party.
9. Inrlivirlll~1 Sew~ge Tre~tment System nisdosllre. Each party certifies to the
() other that there are no individual sewage treatment systems on or serving the property
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CJ that they will transfer to the other and that no sewage is generated from or at the property
they will transfer to the other.
10. Paymp.nt of C-Io!;ing C-osts. Each party will pay closing costs which are
normally allocated of Buyers and Sellers in a real estate transaction.
11. C-ontingp.ncy. This Agreement is contingent upon approval by the Andover
EDA within fourteen (14) days after the execution by Owners. In the event said
Agreement is not approved by the EDA Board of Commissioners within said time, this
Agreement shall be null and void.
12. SIIIVP.Y and I ot Split. The EDA acknowledges and understands that it will
be necessary to have a survey prepared of the property to be conveyed to the EDA
described in Exhibit B. The expense of said survey shall be the responsibility of the EDA.
(J Furthermore, the EDA shall be responsible for all costs associated with approval by the
City of Andover for the creation of the parcel described in Exhibit B. The legal description
of the lot to be conveyed shall be a size equal in square footage to the property to be
conveyed to the Owners' described in Exhibit A.
13. No Rrnkp.r!;. Each of the parties represents to the other that such party has
not incurred any brokerage commission or finder's fee as a result of these transactions
and each party agrees to hold the other harmless from all liabilities incurred by the other
relating to such brokerage commission or finder's fee incurred as a result of the actions of
i such party. The provisions of this Section 13 shall survive the closing or termination of
this Agreement.
14. Rinding Fffp.ct. This Agreement shall inure to the benefit of and shall bind
() Owners and City and their respective successors and assigns.
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(\ 15. CO! mtp.rp;:trt!';. This Agreement may be executed in any number of
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counterparts, each of which shall be an original, but all of which together shall constitute
one instrument.
16. Fntirp. Agrp.p.mp.nt. ModifiC".;:)tion. This Agreement embodies the entire
agreement, and understanding between Owners and City, and supersedes any prior oral
or written agreements, representations, and statements regarding the subject matter
hereof. This Agreement may not be altered, amended, modified or supplemented except
in a writing executed by both Owners and City. Except as expressly set forth in Section 4,
above, no term of this Agreement shall be waived unless done so in writing by the party
benefited by such term.
17. Sp.vp.r;:thility If any term of this Agreement or any application thereof shall
eJ be invalid or unenforceable, the remainder of this Agreement and any other application of
such term shall not be affected thereby.
18. SlIrviv;:tl. No Mp.rgp.r. The terms of this Agreement shall survive and be
enforceable for a period of twelve (12) months after the closing and shall not be merged
therein.
19. Timp. of thp. F!';!';p.nC".P.. Time is of the essence under this Agreement.
20. Govp.ming I ;:tw. This Agreement shall be governed by the laws of the State
of Minnesota.
21. No Third P;:trty Rp.nefir.i;:trip.!,;. No rights, privileges or immunities of either
Owners or City under this Agreement shall inure to the benefit of any third-party, nor shall
nay third-party be deemed to be a beneficiary of any of the provisions contained in this
(\ Agreement.
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( '\ IN WITNESS WHEREOF, the parties hereto have set their respective hands as of
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the effective date firSt written above.
OWNERS:
Povlitzki
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on
, 2005, by ,
Notary Public
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'"..._" EDA: ANDOVER ECONOMIC DEVELOPMENT
AUTHORITY
Michael R Gamache, President
James Dickinson, Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on ,2005
by Michael R. Gamache and James Dickinson, the President and Executive Director of
the Andover Economic Development Authority, a body corporate and politic under the
laws of the State of Minnesota, on behalf of the Authority.
() Notary Public
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
CC: Jim Dickinson, Executive Director~
FROM: Will Neumeister, Director of Community Development ~
,SUBJECT: Andover Station North Purchase Agreements -- Planning
DATE: March I, 2005
INTRODUCTION
The City Attorney and staffhave been preparing the first draft of the purchase agreements for
two land sales in Andover Station North. Those involve Mr. Michael Casey (North Star
Glass) and Mr. Kim Tramm (Tramm Builders and Realtors).
0 DISCUSSION
It is anticipated that the staff's review of these purchase agreements will be finalized and
submitted to the developers for their review in the next week.
ACTION REOUESTED
No action is necessary, this is written to keep the EDA informed as to the status of the
purchase agreements with the two parties that have submitted letters of intent in Andover
Station North.
Respectfully submitted,
wL
Will Neumeister
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
CC: JOn o;,kinwo, Ex<cutive Directo~
FROM: Will Neumeister, Director of Community Development tvL
SUBJECT: Public Hearing -- Bruggeman Land Sale -- Planning
DATE: March 1,2005
INTRODUCTION
City Attorney, Bill Hawkins, has advised the EDA that when land is sold in Andover Station
North, a public hearing is necessary. Now that a purchase agreement has been put into fmal
0 form, it is appropriate to hold the public hearing for the land sale to Bruggeman Properties for
a townhome development.
ACTION REOUESTED
EDA is requested to open the public hearing and request public comment. If no public
comments are made, then the EDA may close the public hearing and discuss the land sale and
later in the meeting discuss the final details of the purchase agreement.
Respectfully submitted,
ad-
Will Neumeister
Attachment ~
Public Hearing Announcement
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NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
The Economic Development Authority of the City of Andover will hold a public hearing
at 6:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 1, 2005 at
Andover City Hall, 1685 Crosstown Blvd NW, Andover, for Land Sales in Andover
Station North. All written and verbal comments will be received at that time and
location. A copy of the proposed land sale information will be available for review prior
to the meeting at City Hall. Please contact Will Neumeister, Community Development
Director, with any questions at (763) 767-5140.
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Will Neumeister, Community Development Director
Publication date: ,2005
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US
TO: EDA President and Board U
CC: Jim Dickinson, Executive Directo~
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Consider PresentationIPlay Ventures of Minnesota - Planning
DATE: March 1, 2005
INTRODUCTION
At the February 15, 2005 EDA meeting the developers, Play Ventures of Minnesota,
0 requested their item be continued to the March I, 2005 EDA meeting, At this meeting, they
will be present to explain the full extent of their proposal. Attached is the copy of their
"Letter of Intent".
ACTION REQUESTED
EDA is requested to hear the proposal from Play Ventures of Minnesota and discuss whether
there is interest in moving forward to write a purchase agreement with the developers.
Respectfully submitted,
~
Will Neumeister
Attachment 0/
Letter of Intent from Play Ventures of Minnesota
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(\ January 13, 2005
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Andover Economic Development Authority
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Mr, James Dickinson
City Administrator
City of Andover, Minnesota
1685 Crosstown Boulevard
Andover, MN' 55304
Re: Purchase of property (the "Property") within Andover Station North from
The City of Andover, Minnesota (the "Seller").
Ladies and Gentlemen:
This letter confirms our interest in purchasing from Seller a parcel ofland to be created
/ -, within Andover Station North, an Andover EDA project, with a total of approximately
:'J four acres raw land, all on the following terms and conditions:
Parcel Descriotion
The parcel is located in the Northeast comer of Andover Station North adjacent to the
proposed ballfield complex and the existing transmission line easement located along
Hanson Boulevard. The site is incumbered by the Great River Energy easement and the
conditions determined by the WDE site to the north.
Purchase Price
Because of the complexity and nature of the proposed site and the adjacent mixed uses, it
is difficUlt to propose a price certain until such time as a detailed plan for access and
cross-use easements can be completed. However, we anticipate the proposed use would
traditionally occupy approximately Four.(4) acres for the building and 'associated parking.
We therefore propose a price based ontSi.sj)er square foot over 4 acres, or $435,600.00.
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V Buyer assumes seller will provide and fund all remediation necessary to ready the site for
the intended use. This includes, but is not limited to; monitoring wells, soil remediation,
soil replacement, and ventilation systems.
Buyer assumes seller will rough grade the site to the specifications mutually agreed upon
by both parties as part of the overall mass grading project. Building pad to be prepared to
the buyers specifications for in-place fills, and suitable for standard foundation
construction.
Payment of Purchase Price
The Purchase Price, subject to adjustments, shall be payable by wire transfer of
immediately available funds at Closing.
Earnest Monev
Within two (2) buSiness days following the execution of the Purchase Agreement by both
/ , parties Purchaser will submit, by wire transfer of immediately available funds, an earnest
. ) money deposit $5,000 to the title company of the Purchasers choice to be held as an
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initial deposit in an interest-bearing account at the direction of Purchaser, with interest to
be for the benefit of Purchaser pending completion of the transaction or other termination
of the Purchase Agreement.
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Due Dilil!ence
Purchaser will be afforded a Due Diligence Period of 120 days from the date. of delivery
to Purchaser of the last of the Documents for Inspection listed on Exhibit A referred to
below to conduct its due diligence investigations and inspections with respect to the
Property (including, without limitation, the economic performance of the Property, soil
and environmental analysis, physical condition of the Property and engineering
inspections, review of the Documents for Inspection, and such other investigations and
inspections as Purchaser in its sole and absolute discretion may require). Purchaser may
terminate the Purchase Agreement and receive a refund of the Earnest Money (together
with interest accrued thereon) if as of the end of the Due Diligence Period, Purchaser is
not satisfied, in its sole and absolute discretion, with the results of its investigations and
inspections.
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1" Acknowledged and agreed this _ day of .20_,
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City of Andover, Minnesota
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By:
Printed Name:
Title:
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Buyer assumes seller will provide and fund all remediation necessary to ready tbe site for
the intended use. This includes, but is not limited to; monitoring wells, soil remediation.,
soil replacement, and ventilation systems.
Buyer assumes seller will rough grade the site to the specifications mutually agreed upon
by both parties as part of the overall mass grading project. Building pad to be prepared to
the buyers specifications for in-place fills, and suitable for standard foundation
construction.
Payment of Purchase Price
The Purchase Price, subject to adjustments, shall be payable by wire transfer of
immediately available funds at Closing.
Earnest Money
Within two (2) business days following the execution of the Purchase Agreement by both
( parties Purcbaser will submit, by wire transfer of immediately available funds, an earnest
" .' money deposit $5,000 to the title company of the Purchasers choice to be held as an
initial deposit in an interest-bearing account at the direction of Purchaser, with interest to
be for the benefit of Purchaser pending completion of the transaction or other termination
of the Purchase Agreement.
Due Dili2ence
Purchaser will be afforded a Due Diligence Period of 120 days from the date, of delivery
to Purchaser of the last of the Documents for Inspection listed on Exhibit A referred to
below to conduct its due diligence investigations and inspections with respect to the
Property (including, without limitation., the economic performance of the Property, soil
and environmental analysis, physical condition of the Property and engineering
inspections, review of the Documents for Inspection., and such other investigations and
inspections as Purchaser in its sole and absolute discretion may require). Purchaser may
terminate the Purchase Agreement and receive a refund of the Earnest Money (together
with interest accrued thereon) if as of the end of the Due Diligence Period, Purchaser is
not satisfied, in its sole and absolute discretion., with the results of its investigations and
inspections.
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(J Seller will deliver the Documents for Inspection to Purchaser within three (3) business
days following the execution of the Purchase Agreement. Purchaser and its consultants
and representatives will be afforded reasonable access to the Property and to Seller's
books, records and files relating to the ownership, development, maintenance,
management and operation of the Property.
Title
Seller will, at its cost, provide Purchaser with a current title commitment issued by Title
Company (which Title Company shall be chosen by Purchaser), together with legible
copies of all documents referenced therein. Seller will, at its cost, provide Purchaser with
an updated survey of the Property, which survey shall be current as-built, ALTNACSM
Land Title Survey, prepared and certified by a registered land surveyor licensed in the
state where the Property is located and certified to Purchaser, Purchaser's lender, if
known, and Title Company, which certification shall be that required by the Accuracy
Standards for Land Title Surveys in 1999, using the third of the three alternatives
regarding the accuracy standards in the certification, and including Items 1,2,3, 4, 6, 7,
8,9, 10, 11, 13, 14, 15 and 16 of Table A thereof.
U The cost of the owner's policy of title insurance to be issued by Purchaser shall be borne
by Seller or Purchaser in accordance with custom and practice in the area in which the
Property is located.
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aosin~ and Prorations
The closing will take place at 10:00 am. at the offices of Title Company on the 120th day
after the satisfaction of the conditions precedent outlined in Exhibit B of this document
(or, if such _ fh day is not a business day, the next following business day), or at such
other time or place as may be agreed to in writing by the parties.
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.:J Confidentiality
Each of the parties (and their respective agents and representatives) will keep the
existence and terms of this letter and the Purchase Agreement in strict confidence both
before and after Closing, except in the course of conveying necessary information to third
parties directly involved in the transaction (including without limitation, in the case of
Purchaser, prospective assignees of the Purchase Agreement, prospective partners of
Purchaser and prospective lenders) and except as may be required by law or otherwise
mutually agreed upon in writing by the parties.
Commissions
Seller shall be solely responsible for the payment of all commissions or fees payable to
any real estate agent or broker in connection with this transaction and shall indemnify
Purchaser in connection therewith.
Purchase A~reement
Purchaser will deliver a draft Purchase Agreement to Seller as soon as reasonably
0 possible following the signing of this letter of intent by both parties. It is intended that
the Purchase Agreement will be settled and executed by both parties as soon as
, reasonably possible after delivery of the draft to Seller.
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Assi~ment
Seller understands and agrees that prior to the closing, the persons constituting Purchaser
will assign their interests in the Purchase Agreement to a Minnesota limited liability
company in which the persons constituting Purchaser will each own an interest.
Intended Use
-...--... .
The patties ac~owledge that the intended use of the property would be the construction
of* 50,000 sq:ft. indoor sports facility and Sports Grill with associated retail spaces. The
facility would bost primarily volleyball events with the ability to provide space for other
court activities or batting cages. The on-site Sports Grill, intended primarily to provide a
family dining environment for the facility, and the entire community, would require a
liquor license for on-site consumption of alcoholic beverages.
:J
0 Non-Bindin~ Letter of Intent
The parties acknowledge that this is a letter of intent only and is not intended to crea1e
and does not crea1e a binding or enforceable agreement between the parties, save and
except for the provisions under the headings Confidentiality and Non-Solicitation, which
are binding on the parties.
Please confirm your agreement with the terms of this letter by signing and returning the
enclosed duplicate copy. We look forward to working with you to complete this
transaction
Yours very truly,
Play Ventures of Minnesota, LLC
a to-be-formed Minnesota Limited Liability Company substantially owp.ed and controlled
by:
0
C)
,
{J Acknowledged and agreed this _ day of .20_
City of Andover, Minnesota
.
By:
Printed Name:
Title:
()
()
f'
U EXHIBIT A
Documents for Inspection
I. Plans and specifications for the Property and overall development, including site
plan showing location and number of parking spaces, grading plans, utility plans,
. environmental remediation plans, and any other documents relative to
development of the subject site.
2. All engineering, inspection, environmental and similar studies and reports relating
to the Property
3. Copies of any existing title policies (with underlying documents) and surveys
4. All warranties and guaranties affecting the Property.
5. Documentation regarding any litigation currently affecting the Property.
()
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.
.
CJ EXHIBIT B .
Conditions Precedent to Closing
1. The construction and opening of Jay Street including signalized intersectionS at
both Hanson and Bunker Lake Boulevard.
. 2. The completion of rough grading and construction of paved parking lots serving
the park and ball fields adjacent to the property in a configuration mutually
acceptable to the buyer and seller of the subject parcel.
3. The completion of all Sanitary Sewer, Domestic Water, and Storm Sewer
infrastructure serving the parcel and extended to the proposed property line.
4. The availability of all private utility services (electric, natural gas, CATV,
telephone, etc. ) immediately adjacent to the property.
5. PreJiminary Plat, Final Plat, and Commercial Site Plan Approval from the City of
Andover.
cJ
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,-j
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
Tun DiclciD'on, Exoculi" DireC~
CC:
FROM: Will Neumeister, Director of Community Development CtLi-
SUBJECT: Review Details of Oppidan "Letter ofIntent" -- Planning
DATE: March 1,2005
INTRODUCTION
At the January 18, 2005 EDA meeting there was an initial review of the Oppidan "Letter of
Intent" to purchase the retail site along Bunker Lake Boulevard in Andover Station North. At
that meeting, the EDA requested additional information as to the design of the building and
the tenants that Oppidan would be pursuing.
" DISCUSSION
I J
\. -
After discussing the need for additional details with representatives of Oppidan, they have
indicated that their company has less interest than a few months ago in pursuing the
acquisition. This could result in Oppidan withdrawing their "Letter of Intent". They are
concerned that the amount of retail space that is shown on the conceptual drawings may not
be able to be leased out. They are also concerned that no other retail developer had come
forward during the solicitation/marketing phase last year to make an offer to purchase the
property.
ACTION REQUESTED
No action is necessary, this is written to keep the EDA informed as to the status of the
Oppidan interest in the retail property. Originally this was put on the agenda to allow
Oppidan to make a short presentation and discuss the details of their retail development
proposal, however they will not be at the meeting.
Respectfully submitted,
bd--
Will Neumeister
Attachment /
,~ Oppidan's Original Letter of Intent
,
, ,-
------
liD
OPPIDAN
r " Builder of towns. Creator of value.
}
.~_ I
5125 CooNTY ROAD 101 . #100 . MINNETONKA, MN 55345 . PHONE: 952/294.0353 . FAX: 952/294-0151 · WEB: www.oppidan.com
December 10, 2004 RECEIVED
Mr. Will Neumeister ";!-
City of Andover DEe 1 3 2004
1685 Crosstown Blvd. N.W.
Andover, MN 55304
CITY OF ANDOVER ;
VIA FACSIMILE (763-755-8923) & U.S. Mail
RE: Andover Land Site - Andover, MN
Dear Will:
This letter shall serve as a revised proposal for purchase of that parcel of land owned by the City
of Andover consisting of approximately 288,000 square feet (Lots D & E on the attached plan) in
Andover, Minnesota. This proposal should not be construed to be a binding commitment on
either party; but rather an outline of terms to be incorporated into a mutually acceptable Purchase
Agreement. The terms are as follow:
/"---.... 1. SELLER: City of Andover
, }
'- ~
2. BUYER: Oppidan, Inc. or an entity controlled by Oppidan, Inc.
3. SIZE: Approximately 288,000 sq.uare feet
4. LEGAL DESCRIPTION: To be determined
5. PRICE: one Million Five Hundred Twelve Thousand Dollars ($1,512,000.00) or Five
Dollars and Twenty-Five Cents ($5.25) per square foot ofland, payable at closing. This
represents a per square foot price of $5.25 and shall be adjusted based upon the actual usable
square footage of the parcel.
6. DUE Dll..IGENCE: Buyer shall have 120 days from the execution of the Purchase
Agreement and Seller's delivery of the following items:
. A copy of the survey of the property, including topography, to be provided by the City of
Andover
. Current Title Commitment.
. Copies of any building and site development plans and specifications, if available.
. Phase I environmental report for the entire site.
,
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/ -,
i
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.~--_.-- ..-.-- ____..._.___u
7. CONDmON PRECENDENT: Seller shall receive approval from the City of Andover,
within 120 days, for a commercial development on the site. .
8. EXTENSIONS: Buyer shall have the right to extend for one period of 45 days by placing an
additional amount of $5,000 in escrow and all escrowed funds shall be non-refundable:
9. CWSING:. Closing shall take place within 15 business days of the completion of the Due
Diligence period and approval from the City of Andover, which shall include a joint access
agreement for the lot B, C, D & E, for the development. At closing, Seller shall convey
marketable fee title free of all leases, mortgages and other encumbrances or restrictions.
10. UTILITiES: Property shall be delivered with all utilities available at the perimeter of the
parcels. Also, City shall install the roadway, as depicted on the attached plan.
11. TAXES & ASSESMENTS: All taxes shall be prorated as of the day of closing. Any Special
Assessments, levied or pending as of the date of closing.
/ -. 12. BROKERAGE: Buyer and Seller represent that neither party is represented and no brokerage
( t commissions are due.
'-" ,.
It is understood that this Letter of Intent does not constitute a reservation or option on the
property and shall not be' binding on Seller or Buyer until a mutually satisfactory Purchase
Agreement has been executed by both parties incorporating the above terms and conditions.
Please acknowledge your acceptance of this Letter of Intent by returning one copy of this letter to
. . .
my attention, executed by an authorized representative of the Seller. .
Thank you for your cooperation. I look forward to working with you on this location.
~ . APPROVED AND ACCEPTED
~
. Paul . ucci By:
Cc: Joe Ryan By:
Print Name
Title:
Date:
~)
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0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
CC: Jim Dickinson, Executive Directo~
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Approve Bruggeman Purchase Agreement -- Planning
DATE: March 1,2005
INTRODUCTION
Over the past few months, staff has been working with the developer (Bruggeman Properties),
their Attorney (Dennis Trooien) and the EDA's Attorney (Bill Hawkins) to write a purchase
0 agreement for the land in Andover Station North that would be sold to them for a townhome
development.
DISCUSSION
Attached is the fmal form of the purchase agreement that contains the deal points that both the
City and the developer feel are pertinent to achieving a successful townhome land transaction.
ACTION REQUESTED
EDA is requested to review the final purchase agreement and authorize the Executive Director
of the EDA and EDA President to execute it.
Respectfully submitted,
aLL
Will Neumeister
Attachment /
Purchase Agreement
8
CJ 2-10-05
PURCHASE AGREEMENT
THIS AGREEMENT, made as of this _ day of 2005, by and
between Andover Economic Development Authority, a body corporate and politic
("Seller"), and Bruggeman Properties, LLC, a Minnesota limited liability company,
and/or assigns ("Buyer").
WITNESSETH:
WHEREAS, Seller is the owner of approximately 17 acres in Andover, County of Anoka,
State of Minnesota, as depicted as the "EDA Property" in the Concept Plan on attached
Exhibit "A" (together with such other property described below as the "Property");
WHEREAS, Seller desires to sell the Property, and Buyer desires to purchase the
Property;
NOW, THEREFORE, the parties hereby agree as follows:
1. SALE AND PURCHASE. Subject to the terms and conditions herein set forth,
0 Seller hereby sells to Buyer, and Buyer hereby purchases the following property
(collectively the "Property"): That certain real property located in Andover,
Minnesota, that is generally described on Exhibit "A" attached hereto, together
with the right, title and interest of Seller in and to any easements appurtenant
thereto, and all land lying in the bed of any street, road or avenue, open or
proposed, in front of or adjoining such premises, to the center lines thereof and in
and to any unpaid award for taking by condemnation or any damage to the land by
reason of any taking in respect of any such street, road or avenue and any unpaid
award for any condemnation or any damage to the land by reason of a change in
the grade of any such street, road or avenue.
2. PURCHASE PRICE AND PAYMENT. Subject to adjustment in Section 2.e.
below, the Purchase Price is One Million Seven Hundred Five Thousand
($1,705,000) and is payable as follows:
a. $20,000 earnest money paid hereunder upon acceptance hereof by Seller.
The earnest money shall be deposited into an interest bearing account with
Land Title, Inc., which interest shall be paid to Buyer;
b. $80,000 additional earnest money, to be deposited in the foregoing Land
Title, Inc. account, within ten business days after preliminary plat approval
of the Qualifying Units, as defined in Section 2.e. below;
~ c. $100,000 additional cash on the Date of Closing, as defined in Section
1O.a.;
N:\PLIDJ1\389499.doc
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C) d. $1,505,000 in Seller financing, by Buyer executing with Seller a Purchase
Money Note and Purchase Money Mortgage in the form attached as
Exhibit "B" and having the following essential terms:
1. Simple interest on the unpaid principal balance at the rate of six
percent (6%) per annum, payable annually;
11. Buyer may prepay principal, interest, or installments in whole or in
part, at any time without penalty;
111. Payments shall be credited first to interest and the balance to
principal;
IV. Buyer is entitled to apply any insurance or condemnation proceeds
towards the repair, reconstruction, or rehabilitation of the Property;
v. Buyer may at its expense undertake to plat the Property and Seller
shall join in the platting of the Property and the dedication of such
streets, parks, easements, common areas, covenants, and agreements
as may be reasonably necessary. Buyer will assume responsibility
for all expenses incidental to such platting and/or such streets, parks,
0 easements and agreements. Seller, as mortgagee, also agrees to join
in and consent to reasonable townhome covenants and documents
contemplated by Minn. Stat. 5158. Seller shall not require Buyer to
prepay any amount on the Purchase Money Mortgage as a condition
to such dedication, consents, and joinder;
VI. Buyer agrees to make a principal reduction in the purchase money
mortgage in the amount of $327,000 no later than May I, 2006, and
thereby be entitled to a release of thirty-four (34) townhome lots
from the purchase money mortgage. These 34 lots may be referred
to herein as the "Phase I Lots", and the location of said Phase 1 Lots
shall be as generally depicted on attached Exhibit "A". Townhome
Lots other than the Phase 1 Lots may be referred to herein as the
"Subsequent Phase Lots";
V11. Except with respect to the Phase I Lots as set forth in Section 2.d.vi,
in consideration of the principal reduction of Fifteen Thousand Five
Hundred Dollars ($15,500) on the Purchase Money Mortgage, Buyer
shall be entitled to and Seller shall release from the mortgage one (1)
Subsequent Phase Lot. The designation and location of such
Subsequent Phase Lot shall be at Buyer's reasonable discretion;
provided, however, that not less than all eight lots compromising an
~ eight-unit building shall be released at one time unless all eight
townhomes in that building are framed up and enclosed, in which
case Buyer shall be entitled to have individual lots in that building
released in increments of one or more lots;
N:\PLIDIT\389499.doc 2
C) viii. The entire remaining principal balance of the Purchase Money
Mortgage shall be due and payable on the third anniversary of the
Date of Closing;
IX. Seller will not object to any petition made by Buyer to the City for,
and shall otherwise allow the construction of, such further
improvements as may be required for the completion of all streets,
utilities, reclamation and restoration, roadways, and other
improvements necessary or convenient for the platting and
development of the Property into a planned unit development. Seller
will join in any such petition if required by the City of Andover; and
x. In the event Seller fails to perform any of the Seller's Obligations as
defmed in Section 3 hereof, Buyer may complete any such item and
offset the costs thereof against amounts next due under the Purchase
Money Mortgage.
e. The Purchase Price is based on final plat approval by the City of Andover
of 110 townhome units of at least the size shown on Exhibit "A" (the
"Qualifying Units") and a price of$15,500 per unit. In the event the City
0 of Andover approves less than 110 QualifYing Units, then the purchase
price shall be reduced by an amount equal to $15,500 times the difference
between 110 and the number of QualifYing Units approved by the City of
Andover in the final plat approval. In the event of any such price
reduction, 12% of the price reduction shall be reflected in a reduced cash
payment at closing and 88% shall be reflected in a reduced purchase
money mortgage balance; and
f. The obligations of Buyer hereunder shall be non recourse, it being
intended that Seller's sole and exclusive remedy shall be cancellation in
accordance with statute and neither Buyer nor its successors or assigns
shall be held liable or personally obligated for performance.
3. OBLIGATIONS OF SELLER. Seller shall complete the following obligations at
its sole expense by the deadlines shown (collectively the "Seller Obligations"):
a. Clear, grubb, rough grade, import fill, pad grade within 2/1 0 of a foot, and
erosion control at the Property, all in accordance with a grading plan
provided by Buyer and as approved by the City of Andover. The lots and
soil compaction shall provide for construction of slab on grade. Seller
acknowledges that a Geotechnical Evaluation Report for Buyer dated
December 30, 2004 indicates that removal of certain materials under
<J buildings and in the driveways (roadways) will be required along with
placement and compaction of fill. Seller's obligations include such work
as well as any other soil correction so that the construction of buildings
and other improvements listed in Section 4 hereof can be done without
N:\PLIDJ1\389499.doc 3
/ ~, additional soil correction by Buyer. The deadline for this work shall be
~J May I, 2006. Notwithstanding the foregoing, Buyer has furnished Seller
with a copy of such Geotechnical Evaluation Report and Seller shall have
until February 24, 2005 to review such report and estimate the cost of such
soil correction. In the event the Seller determines that the cost of soil
correction renders this sale economically unfeasible, Seller may terminate
this Agreement by written notice to Buyer on or before February 24, 2005
and upon such termination Buyer's earnest money with interest shall be
promptly refunded to Buyer.
b. Construct off-site utilities, storm drainage, street lights, and paving within
the right of way of Jay Street and stormwater pond as shown on Exhibit
"A" (the "Off-site Improvements") necessary to serve the Property in
accordance with the Concept Plan attached as Exhibit A, with details
thereof as reasonably approved by Buyer and as approved by the City of
Andover. Seller shall pay any trunk fees, area charges, special
assessments, or similar charges relating to the Off-site Improvements. The
deadline for this work shall be May I, 2006 for substantial completion of
this work, including the first lift of asphalt.
c. Provide an ASTM compliant Phase I environmental investigation, together
C) with a reliance letter in favor of Buyer and its lenders. The deadline for
this shall be February 1,2005.
d. Procure from the City of Andover an agreement, in the development
contract, that Buyer may elect to have public streets, utilities, sewer, water,
and similar improvements with respect to the Phase I Lots and the
Subsequent Phase Lots, as defined in Section 2.d.vi., done either through a
public improvement project specially assessed in accordance with City of
Andover policies, or by Buyer as a private project at its expense. The
deadline for this agreement shall be on or prior to final plat approval. If
Buyer elects to have the improvements done through a public
improvement project specially assessed in accordance with the City of
Andover policies, the preliminary plat of the Buyer must be approved no
later than January 31 of the year in which the improvements are to be
constructed.
e. Seller agrees to reimburse Buyer for Seller's Share of Infrastructure Costs
relating to the street and utility work being done on the roadway
contiguous to the northerly boundary of the Outlot being retained by Seller
shown on Exhibit "A". "Seller's Share of Infrastructure Costs" shall be
calculated and paid as follows:
0 1. The "Costs Eligible for Reimbursement" shall include costs of
planning, designing, engineering, grading, and constructing all
streets, boulevards, roadways, roadway base, sanitary sewer, water,
storm sewer, curbs, gutters, street signs, landscaping required by
N:\PLIDJ1\389499.doc 4
/ , the City within the street right-of-way and boulevards, erosion
\.J
control, permit fees, and as-built plans as may be required by the
City. Buyer is not obligated to install the following in or next to
the street contiguous to the northerly boundary of said Outlot and
therefore the following are not Costs Eligible for Reimbursement:
trailways, natural gas, electricity, and cable TV.
n. All of the Costs Eligible for Reimbursement for all of the roadways
and boulevard In the "Subsequent Phase Lots" area (the
"Subsequent Phase Area") shown on Exhibit A shall be totaled,
and this total shall be multiplied by the following fraction:
The numerator shall be the number of front feet which the
entire northerly side of Outlot A has on the roadway in
Phase II Area;
and
The denominator shall be all of the front footage of all of
the roadways located in the Subsequent Phase Area.
0 111. The calculation under subsection ii. above shall be Seller's Share
of Infrastructure Costs. Buyer shall endeavor to notify Seller of
Seller's Share of Infrastructure Costs within one hundred twenty
days of completion of the work described in Section 3.e.i. above.
. IV. Seller shall not be obligated to pay Seller's Share ofInfrastructure
Costs unless and until the Seller sells, conveys, leases, mortgages,
or otherwise transfers rights in the Outlot to a third party. In the
event Seller makes no such transfer prior to February 1,2015, then
Seller shall be totally relieved of its obligations to pay any of
Seller's Share of Infrastructure Costs. This covenant shall be
recorded in the real estate records of the Outlot.
v. Seller shall have the right to review and audit all costs and invoices
related to the calculation of Seller's Share of Infrastructure Costs.
Such audit shall be done within twenty (20) days after Buyer
notifies Seller of Seller's Share of Infrastructure Costs. Buyer shall
make any and all documents relating to such calculation available
to Seller for the purpose of such review and audit.
f. Pursuant to Sections i. andj. of that certain Quit Claim Deed from the City
of Andover to Seller dated August 16, 1999 and recorded in the Office of
() the Anoka County Recorder as Document No. 1450970, any buildings
constructed on the Property shall be constructed so as to protect occupants
from infiltration of landfill gas. Plans for such protection must be
approved by the MPCA. Seller agrees to pay for the cost of planning,
N:\PL\DJT\389499.doc 5
/ " installing, and operating up to three gas probes to be installed near the one-
\.) story townhome units on the north edge of the Property. Such installation
shall be done upon completion of the grading operations to be completed
by the City under Section 3.a. hereof. In the event the MPCA requires
more than the Seller's obligations in the preceding sentence, Buyer may
terminate this Purchase Agreement in which case its earnest money shall
be promptly refunded.
4. OBLIGATIONS OF BUYER. Buyer agrees that it will pay costs for
platting, wetland delineation, soils testing, construction of streets, sewer, water,
private driveways, landscaping and amenity improvements, on-site trails, utility
connections, sanitary sewer charges, water area charges, connection charges; street
lights, park and trail fees, engineering design for grading and preliminary
improvement plans to the extent the foregoing items are on-site within the
boundaries of the Property. Buyer also agrees to plat the Outlot shown on Exhibit
"A" to be retained by Seller.
5. TITLE MA TIERS.
a. Subject to performance by the Buyer, the Seller agrees to execute and
deliver a Limited Warranty Deed conveying marketable title to said
(~ Property subject only to the following exceptions (the "Permitted
Exceptions"):
(I) Building and zorung laws, ordinances, State and Federal
regulations.
(2) Restrictions relating to use or improvement of premises without
effective forfeiture provision.
(3) Reservation of any minerals or mineral rights to the State of
Minnesota
(4) Utility and drainage easements which do not interfere with present
or contemplated improvements.
b. The Seller further agrees to deliver possession not later than closing
provided that all conditions of this agreement have been complied with.
c. The Seller shall, within 30 days after execution of this agreement, furnish
an ALTA title commitment from Land Title, Inc. (the "Title
Commitment"), or abstract of title, or a Registered Property Abstract
certified to date to include proper searches covering bankruptcies, and
.~ state and federal judgments and liens, and levied and pending special
."J assessments. The Buyer shall be allowed 30 days after receipt thereof for
examination of said title and the making of any objections thereto, said
objections to be made in writing or deemed to be waived. If any
N:\PLIDJ1\389499.doc 6
r' objections are so made the Seller shall be allowed 120 days to make such
'- )
title marketable. Pending correction of title the payments hereunder
required shall be postponed, but upon correction of title and within 10
days after written notice to the Buyer, the parties shall perform this
agreement according to its terms.
If said title is not marketable and is not made so within 120 days from the
date of written objections as above provided, this agreement may be
terminated, at option of the Buyer, and in the case of such termination,
neither principal shall be liable for damages hereunder to the other
principal and the earnest money plus interest shall be refunded to Buyer.
If the title to said property is found marketable or is so made within said
time, and the Buyer shall default in any of the agreements and continue in
default for a period of 10 days, then the Seller may terminate this contract
and on such termination all the payments made upon this contract shall be
retained by said Seller as liquidated damages as Seller's sole and exclusive
remedy, time being of the essence hereof. This provision shall not deprive
Buyer of the right of enforcing the specific performance of this contract
provided such contract shall not be terminated as aforesaid, and provided
action to enforce such specific performance shall be commenced within
six months after such right of action shall arise.
.,
r J 6. DOCUMENT INSPECTION. Within ten (10) days of execution of this
,"--
Agreement, Seller shall provide Buyer with the following information and
statements which information and statements Seller certifies as true and correct in
all material respects:
a. Current real estate tax statements.
b. Any soil tests or reports which Seller may have relating to the Property.
c. Any notices, plans, or reports from the City of Andover relating to any
phase I and phase II environmental assessments on the Property.
d. Any wetland delineation reports, wetland mitigation plans, or similar
documents relating to the property.
e. Boundary and topographic survey of the Property in an electronic format.
Buyer shall have until February 28, 2005 in order to examine the same. In the
event that Buyer in its sole discretion is not satisfied with such examination or
documents and any other matters as Buyer deems appropriate, Buyer may cancel
this Agreement and in such event it shall be null and void and Buyer's earnest
, ,,- -" money with interest shall be promptly returned to Buyer.
'.J
7. PHYSICAL INSPECTION. Seller shall provide Buyer access to the Property
from time to time for the purpose of conducting inspections thereof, including but
N:\PLIDJ1\389499.doc 7
( ~ not limited to, wetlands investigations and soil investigations. Buyer has until
I
'. / February 28, 2005 to complete such physical inspections. In the event Buyer in its
sole discretion is dissatisfied with such inspections, Buyer may cancel this
Agreement and in that event it shall be null and void and Buyer's earnest money
with interest shall be promptly returned to Buyer.
In addition to Buyer's right in the preceding paragraph, Seller agrees that in the
event the environmental consultant in the Phase I delivered by Seller under 3.c.
hereof indicates there is any recognized environmental conditions with respect to
the Property, the Seller shall have that environmental consultant conduct a Phase
II environmental investigation to characterize the soils or groundwater potentially
impacted by such recognized environmental condition(s). The precise work plan
for the Phase II must be approved by Buyer, which approval shall not be
unreasonably withheld. Seller shall endeavor to have the Phase II Work
completed by March I, 2005. Upon completion of the Phase II Work, the
environmental consultant shall issue a report to Seller and Buyer evaluating the
results of the Phase II Work (the "Phase II Results"). Buyer shall have ten (10)
business days after receipt of the Phase II Results to examine the sarne, and if such
report indicates there is additional remediation required in connection with
Buyer's development of townhomes, Buyer may cancel this Agreement, and in
that event, it shall be null and void, and Buyer's earnest money, with interest, shall
(' be promptly returned to Buyer. In the alternative, Buyer may proceed to closing
, .J and rely on Seller's obligations under the Environmental Undertaking and
,-. Indemnity Agreement in the form attached on Exhibit C hereto.
8. CONTINGENCY. The Purchase Agreement is contingent upon Buyer procuring
such approvals, consents, verifications and other matters which it deems
appropriate in its sole discretion to determine whether the Property can be platted
into a planned unit development of 110 units upon such costs, terms and
conditions acceptable to Buyer, including the City of Andover and others agreeing
to provide sewer, water, gas and electric utilities, streets and other necessary
improvements to the site and such other matters as Buyer deems appropriate. In
the event Buyer is not satisfied with any such matters by February 28, 2005, then
Buyer may terminate this Purchase Agreement and in such case the earnest money
with interest shall be refunded to Buyer. If Buyer fails to terminate this Purchase
Agreement by such date, then the earnest money paid under Section 2.a. shall be
nomefundable except in the event of Seller's default or except as set forth herein;
provided the earnest money shall remain with Land Title, Inc. until closing or
cancellation because of Buyer's default, whichever first occurs, at which time it
shall be paid to Seller.
9. REAL ESTATE TAXES. SPECIAL ASSESSMENTS. AND PRORATIONS.
Seller represents that all real estate taxes and installments of special assessments
~ " due and payable in the year prior to closing shall be paid in full by closing. Real
t ')
, estate taxes due and payable in the year of closing shall be prorated to closing on a
-~
calendar year basis. Seller shall pay all levied and pending special assessments as
of the Date of Closing, except that Buyer shall pay for special assessments
N:\PL\DJT\389499.doc 8
U petitioned by the Buyer for on-site improvements within the boundaries of the
Property such as water, sanitary sewer, paving, and similar on-site improvements
to be constructed by the City of Andover.
10. CLOSING.
a. The Date of Closing shall be thirty (30) days after City acceptance of
prepared plans and specifications for the Off-site Improvements to be done
at the Seller's expense.
b. Subject to full, complete and timely performance by Buyer of its
obligations hereof, Seller shall deliver to Buyer at closing the following
documents:
1. Two originals of the conveyancing instruments contemplated
hereunder, duly executed and acknowledged by Seller.
11. Affidavit, in the customary form, relative to judgments, federal tax
liens, mechanic's liens, bankruptcy and outstanding interests in the
Property.
111. Any Well Certificate required under Minnesota Statutes 1031.235.
0
An Affidavit of Non-Foreign Person ("FRPTA").
IV.
v. The Environmental Undertaking and Indemnity Agreement
substantially in the form of Exhibit C hereto executed by Seller.
VI. The Addendum to Purchase Money Mortgage executed by Seller.
V11. A recordable version of the covenant set forth in Section 3.c.iv.
hereof.
V111. All other documents reasonably necessary to consummate the
transaction contemplated by this Agreement.
c. At Closing, Purchaser shall:
1. Pay to Seller the One Hundred Thousand Dollars owed on the
Purchase Price, as increased or decreased by prorations or
adjustments set forth in this Agreement, in cash, by wire transfer of
immediately available funds, or by a Title Company check.
Purchaser and Seller agree that Land Title, Inc. shall deliver the
8 $100,000 Earnest Money to Seller at the Closing and applied
towards payment of the Purchase Price.
N:\PLIDJ1\389499.doc 9
(J 1I. Deliver the executed Note and Purchase Money Mortgage attached
as Exhibit "B".
Ill. Deliver the Environmental Undertaking and Indemnity Agreement
substantially in the form of Exhibit "C" executed by Buyer.
IV. Deliver to Seller all other documents reasonably necessary to
consummate the transaction contemplated by this Agreement.
Seller shall pay for any deed tax and the cost of recording any documents
necessary to establish marketable and record title in Seller. Buyer shall
pay the mortgage registration tax on the Purchase Money Mortgage, and
the recording fees for the deed and Purchase Money Mortgage. The
parties agree to split the costs of a closer from the title company issuing
the title policy to Buyer.
d. Seller shall pay for the cost of constructing the pond serving the Property
as well as other areas as set forth in Section 3 hereof. At Closing, Seller
and Buyer shall enter into a stormwater maintenance agreement relating to
the stormwater pond serving the Property and such other areas. This
maintenance agreement will provide that the City of Andover shall
0 maintain the stormwater holding pond and that the reasonable costs thereof
shall be allocated to various parcels, of which the Property is a part. Such
allocations shall be based upon the area ofthe Property as compared to the
area of all parcels which drain into the stormwater pond, either directly or
indirectly through culverts or other drainage systems. This maintenance
agreement shall provide that at such time that Buyer creates a homeowners
association relating to the proposed development on the Property and the
common areas are conveyed to the association, that the association shall
assume the obligations set forth in the maintenance agreement and Buyer
shall be relieved of any and all obligations in connection therewith. Buyer
agrees to notifY Seller that it has conveyed the common areas to the
association and shall provide Seller a copy of the provisions in the
townhome Declaration wherein the association assumes the obligation of
Buyer under the maintenance agreement.
11. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents,
warrants and agrees now and as of the Date of Closing as follows:
a. That there are no agreements or understandings between it and any other
party or parties which materially affect the Property that have not been
disclosed to Buyer and specifically referenced in this Agreement.
,~ b. That Seller is the fee owner of the Property and has marketable title thereto,
0 subject only to the Permitted Exceptions.
N:\PLIDJl\389499.doc 10
() 12. CASUALTY LOSS. The risk of loss from fire or other casualty shall remain on
Seller until the closing, although the parties acknowledge there are no buildings,
structures or other similar improvements on the Property.
13. CONDEMNATION. The risk of loss from condemnation or threat thereof shall
remain on Seller until closing. If prior to closing any of the Property is
condemned under the power of eminent domain, is the subject of a threatened
condemnation, or is conveyed to a condemning authority in lieu of condemnation,
Seller shall notify Buyer in writing of that threat, condemnation or conveyance
within three (3) days of its occurrence. Either party can then terminate this
Purchase Agreement, whereupon Buyer shall receive back the earnest money
deposited with Land Title. If neither party terminates this Purchase Agreement,
then the parties shall proceed with the closing, and Buyer receiving the award or
condemnation payment (or an assignment thereof, if the same is not received by
closing.
14. WELL DISCLOSURE AND AGREEMENT. Pursuant to Minnesota Statutes
1031.235, the Seller hereby discloses to Buyer the following: There are no known
wells on the Property. Seller discloses the existence of monitoring wells on
parcels adjacent to the Property.
15. MISCELLANEOUS.
U Seller and Buyer do hereby acknowledge that time is of the essence of this
a.
Agreement.
b. All notices, demands and requests which may be given or served or which
are required to be given or served by either party to the other shall be in
writing and shall be sent via United States Mail, certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Seller: Andover Economic Development Authority
1685 Crosstown Blvd. N.W.
Andover, MN 55304
Copy to: William G. Hawkins
2140 Fourth Ave. N.
Anoka, MN 55303
Ifto Buyer: Paul Bruggeman
Bruggeman Properties, LLC
3564 Rollingview Drive
White Bear Lake, MN 55110
0
N:\PL\DJT\389499.doc 11
0 Copy to: Dennis J. Trooien, Esq.
Fabyanske, Westra & Hart, P.A.
Suite 1900
800 LaSalle Avenue
Minneapolis, Minnesota 55402
Notices, demand and requests by the Seller or Buyer in the manner
aforesaid shall be deemed sufficiently served or given for all purposes
hereunder at the time such notice, demand or request shall be mailed.
Either party may change the place to which notice is to be sent by serving
a written notice thereof upon the other in accordance with the terms
hereof.
c. This Agreement shall inure to the benefit of, and shall be binding upon,
the heirs, administrators, successors and assigns of the parties hereto.
d. Seller warrants to Buyer that any brokers commissions, fmders fees or like
charges (collectively called "Commissions") which have been incurred by
Seller in connection with this transaction, shall be paid by Seller. Seller
shall indemnify and hold Buyer harmless from any and all claims,
0 liabilities, demands, or expenses made by any brokers representing or
purporting to represent Seller and arising from the sale of the Property
pursuant to this Agreement. Buyer shall indemnify and hold Seller
harmless from any and all claims, liabilities, demands, or expenses made
by any brokers representing or purporting to represent Buyer and arising
from the sale of the Property pursuant to this Agreement.
e. The terms and conditions of this Agreement, together with any applicable
warranties and representations contained herein (each of such warranties
and representations to be deemed related and to be true and correct on the
Closing Date) shall survive the Closing and not be merged by Buyer's
acceptance of a deed or other closing instrument.
f. This Agreement shall be construed in accordance with the laws of the
State of Minnesota.
g. Seller shall provide Buyer with sign locations on Hanson Boulevard and
Bunker Lake Boulevard for Buyer's signs advertising the townhome
project, until such time as Seller sells and transfers title to the property at
such locations.
[signature page follows]
'\
V
N:\PLID.rru89499.doc 12
() SELLER: BUYER:
Andover Economic Development Bruggeman Properties, LLC.
Authority
By: By:
Paul Bruggeman
Its: Its: Chief Manager / President
and
By:
Its:
C)
I
I
U
N:\PLIDrro89499.doc 13
0 EXHIBIT "A"
Concept Plan
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C)
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Pond
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N:\PLIDJT\389499.doc
f'"
\--.J EXHIBIT "B"
PROMISSORY NOTE
$1,505,000 (as may be adjusted) Andover, Minnesota
Due: (third anniversary of closing) Date: , 2005
FOR VALUE RECEIVED, the undersigned, Bruggeman Properties, LLC, a
Minnesota limited liability company ("Borrower") promises to pay to the order of
Andover Economic Development Authority (the "Lender"), at a place designated by them
in Minnesota, the sum of One Million Five Hundred Five Thousand and NollOO Dollars
($1,505,000), with interest on the unpaid principal balance commencing on the date
hereof, at the simple rate of six (6%) per annum.
This Note shall be paid as follows:
(1) All accrued interest at the rate stated above on ,
the first anniversary hereof.
(2) Borrower agrees to make a principal reduction in this Note in the
,-\ amount of $327,000 no later than May I, 2006, and thereby be entitled to a release
\_J of34 townhome lots from the purchase money mortgage securing this Note.
(3) All unpaid and accrued interest, plus the unpaid principal balance,
shall be paid on , the third anniversary of this Note.
Any prepayments of principal shall be applied against the balance owed.
This Note may be prepaid at any time or times in whole or in part at any time
without premium or penalty.
If the undersigned shall default in the due and punctual payment of any
installment of either principal or interest due hereunder within ten (10) days after written
notice of such default by Lender, or the undersigned shall default in performance of the
terms of any other agreements set forth herein or in the mortgage described below after
thirty (30) days written notice of such default by Lender, then and upon the happening of
any such event, the holder hereof may, at its option, (i) declare all indebtedness
outstanding on this Note and any other notes evidencing indebtedness of the undersigned
to the Lender to be immediately due and payable and thereupon the same shall become
immediately due and payable together with accrued interest thereon, and (ii) take
whatever action in law or equity may appear necessary or appropriate to collect the
0 amounts then due or thereafter to become due.
In the event Lender defaults in any of the Seller Obligations as defined in Section
3 of the Purchase Agreement between Lender, as Seller, and Borrower, as Buyer, dated
N:\PLIDJl\389499.doc 15
( '\ February _, 2005, then Borrower may at its election perform any such Seller
'-.J Obligations and offset the costs of such performance against the amounts next due under
this Note.
This Note is secured by a Mortgage of even date herewith covering certain real
property located in Anoka County, Minnesota. The holder hereof shall have all the
advantages of the said Mortgage.
Presentment and demand for payment, notice of dishonor, protest and notice of
protest are hereby waived. In the event of default, as set forth above, the undersigned
agrees to pay costs of collection and reasonable attorneys' fees.
The undersigned hereby submits itself to the jurisdiction of the courts of the State
of Minnesota and the Federal courts of the United States located in such state in respect
of all actions arising out of or in connection with the interpretation or enforcement of this
Note.
BRUGGEMAN PROPERTIES, LLC
By:
,- , Its:
U
0
N:\PL\DJ1\389499.doc
-/6-
( '\
'-.J ADDENDUM TO MORTGAGE
The following is an Addendum to that certain Mortgage between Bruggeman
Properties, LLC, a Minnesota limited liability company, as Mortgagor, and Andover
Economic Development Authority, as Mortgagee:
1. Mortgagor is entitled to apply any insurance or condemnation proceeds
towards repair, reconstruction, or rehabilitation of the Property.
2. Mortgagor may, at its expense, undertake to plat the Property and
Mortgagee shall join in the platting of the Property. Such platting may
require Mortgagees to join in the dedication of such streets, parks,
easements, common areas, covenants and agreements as may be
reasonably necessary without requiring Mortgagor to pay for the release of
such dedicated areas. Mortgagor will assume responsibility for all
expenses incidental to such platting and/or such streets, parks, easements
and agreements. Mortgagee agrees to join in and consent to reasonable
townhome covenants and documents as contemplated by Minn. Stat.
515B. Mortgagee shall not require Mortgagor to prepay any amounts on
this Mortgage or the Note secured by this Mortgage as a condition to such
dedication, consents, and joinders.
~J 3. Upon the principal reduction of the Note in the amount of $327,000,
Mortgagor shall be entitled to the release of thirty-four (34) townhome lots
(i.e. a release price of $9,617.65 per lot). These thirty-four lots are in the
vicinity of the "Phase I Lots" as shown in the Purchase Agreement
between Mortgagee, as Seller, and Mortgagor, as Buyer, dated February
_, 2005. Thereafter, in consideration of a further principal reduction of
Fifteen Thousand Five Hundred Dollars ($15,500) on the Purchase Money
Mortgage, Mortgagor shall be entitled to and Mortgagee shall release from
the mortgage of one (I) townhome lot. The designation and location of
such lot shall be at Mortgagor's reasonable discretion; provided, however,
that not less than all eight lots compromising an eight-wiit building shall
be released at one time unless all eight townhomes in that building are
framed up and enclosed, in which case Mortgagor shall be entitled to have
individual lots in that building released in increments of one or more lots.
4. Principal payments made pursuant to the Note shall entitle Mortgagor to
the releases described in Section 3 hereof. Principal payments for releases
made prior to the time installments are due shall be applied against
payments next due.
~J 5. Mortgagee shall not object to any petition made by Mortgagor to the City
of Andover for, and shall otherwise allow the construction of, such further
improvements as may be required for the grading and completion of all
streets, utilities, reclamation and restoration, roadways, and other
N:\PLIDJru89499.doc
-/7-
CJ improvements necessary or convenient for the platting or development of
the Property.
BRUGGEMAN PROPERTIES, LLC
By:
Its:
ANDOVER ECONOMIC
DEVELOPMENT AUTHORITY
By:
Its:
C)
')
'-.J
N:\PLIDJ1\389499.doc
-10-
---.//~.- --~--_:-- C~:-ll- --~
___~HlB-4-____--
(J ENVIRONMENTAL UNDERTAKING AND INDEMNITY AGREEMENT
(Andover Economic Development Authority - Bruggeman Properties, LLC)
THIS AGREEMENT is made and entered into as of the day of
, 2005 by and between ANDOVER ECONOMIC
DEVELOPMENT AUTHORITY (the "EDA"), a body corporate and politic under the laws
of the State of Minnesota, and BRUGGEMAN PROPERTIES, LLC, a Minnesota limited
liability company (the "Company"), with its principal offices at 3564 Rollingview Drive,
White Bear Lake, Minnesota 55110.
PREMISES:
WHEREAS, EDA and Company entered into a Purchase Agreement on February
, 2005 (the "Purchase Agreement"); and
,. "\
.0 WHEREAS, the Property (as defined in the Purchase Agreement) is wholly or
partially located within an area known as the South Andover Redevelopment Site, which
has been the subject of environmental study and remedial efforts by both the United
States Environmental Protection Agency ("EPA") and the Minnesota Pollution Control
Agency ("MPCA"); and
WHEREAS, the Property is to be acquired and developed by Company as a
residential development (the "Property"), the legal description of which Property is
, Anoka County, Minnesota.
WHEREAS, the City of Andover ("City") has obtained a Certificate of Completion
of Response Actions under the Land Recycling Act of 1992, as amended ("Certificate of
Completion"), covering the Property, and the parties desire to set forth with particularity
,')
\J their respective responsibilities regarding the environmental condition of the Property prior
1
N:\PL\DJl\389470.doc -/'1-
'\ to and upon the acquisition thereof by Company.
,__J
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual benefits to EDA and
Company, which include the closing of transactions described in the Purchase
Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, EDA and Company agree as follows:
1. Definitions. Terms not otherwise defined herein shall have the meanings
ascribed to them in the Purchase Agreement, unless the context clearly requires
otherwise.
2. Monitoring or Other Activities by EDA. EDA shall carry out, or shall cause
the City to carry out, any remaining groundwater monitoring or other activities now or
" hereafter required by the MPCA or the EPA with respect to the Property, or property
.\...J
adjacent to the Property, such activities to be carried out in a manner so as to cause
minimal interference with the use or enjoyment of the Property by Company, or by any
successor in interest in the Property, and without expense to Company.
3. Recording of Certificate of Completion Against Property. Upon the request
of Company, EDA shall record, or cause the City to record, the Certificate of Completion
issued by the MPCA against the Property, without cost or expense to Company, such
recording to be accomplished not later than one year after the transfer of the Property to
the Company.
4. Fnvironmental Information. Upon request by Company, EDA shall fumish,
or cause the City to furnish, to Company, or to its consultants, copies of all environmental
/-" studies, reports, data or correspondence with the MPCA or the EPA in the possession of
I \
'-)
2
N:\PL\OJT\389470.doc -w-
/- -" EDA or the City relative to the environmental condition of the Prope"rty, as well as any
'__J
investigative, remedial, or response actions carried out with respect thereto. Particular
efforts shall be directed to studies or reports bearing on the extent and depth of soil
excavation or removal actions on the Property, as well as any in-situ deposit of soil
containing Contamination (as herein defined) in berms or roadways on or adjacent to the
Property, to the end that Company, and its contractors and subcontractors, and
purchasers from or lessees from Company, may gauge the extent to which proposed
redevelopment activities may exceed previous excavation limits or otherwise be affected
by, or impact any previous remedial or removal activities.
5. Environmental Due DiligencE by Company. Company shall have the right,
at any time after the date hereof, at its sole expense, to enter upon the Property, or any
(-- ~ part thereof, by itself, or by its employees, agents, engineering or environmental
\..J I
consultants, or contractors, for the purpose of making test trenches, taking soil or
groundwater samples, or otherwise determining the extent and nature of Contamination, if
any, remaining on any part of the Property. Company shall indemnify and hold harmless
City, EDA and the Property from any liens or claims arising from any such entry upon the
Property by Company, or its employees, agents, engineering or environmental
consultants or contractors, for the foregoing purposes, other than claims relating to the
discovery of Contamination. In the event any Contamination is encountered by the
Company or as a result of the Phase II work, EDA shall respond in the manner more
particularly set forth below.
6. ContingenG.Y Plan; Response by FDA; Option of Company to Respond. In
, "- the event Company, or its consultants or contractors, (a) encounters Contamination
\~)
3
N:\PLIDJTI389470.doc -2-1-
(' following Company's closing of title to the Property; or (b) having encountered
"-_.J
Contamination in its due diligence investigation or as a result of the Phase II work, under
Paragraph 5, prior to closing, proceeds to close and take title to the Property (and as
used in this Agreement "Contamination" shall mean pollutants, contaminants or
hazardous substances, as defined under state or federal environmental laws and
regulations), at levels greater than allowable by the MPCA for residential development,
then, the City or EDA shall prepare, update and implement a Site Contingency Plan and
take all appropriate response or remedial actions under the guidance of a qualified
environmental professional, and pursuant to applicable requirements of the MPCA's
Voluntary Investigation and Cleanup ("VlC") or Voluntary Petroleum Investigation and
Cleanup ("VPIC") Programs, whichever is applicable. Any preparation or updating of
~, such Contingency Plan, any study or investigative expense, removal or remedial expense,
( )
\.---
or any other expense, including all administrative costs of the VIC or VPIC Programs in
connection therewith (collectively the "Response Expenses"), shall be the sole
responsibility of EDA. EDA shall indemnify Company for loss or damage resulting from
the failure of EDA to promptly respond to a finding of Contamination, as aforesaid.
Further, in the event EDA or City does not promptly respond to such finding, Company
may elect to do so, and all necessary Response Expenses shall be paid by EDA.
7. No Association I p.ttp.r. Upon the request of the Company, the EDA, or the
City on behalf of the EDA, shall obtain a "no association" letter from the MPCA, pursuant
to Minnesota Statutes, Section 1158.178, covering the Property, without cost or expense
to Company, such no association letter to be addressed to Company, or, at its
/- -", designation, the actual purchasing entity, and any tenant of, or lender on, the particular
\.~)
. 4
N:\PL\DJn389470.doc -2.2--
f ': parcel, as the case may be. Company agrees, at its expense, to furnish such information
\.._.J
as may be necessary for the MPCA to process such no association request, including,
but not limited to, site plans, grading plans, utility plans or excavation plans for any
proposed improvement, organizational or other information regarding the proposed
tenant, user or occupant of the Property, and the chemical, industrial or other processes
proposed to be employed on any person with respect to whom such no association letter
is sought.
8. Indemnity by FDA. EDA hereby agrees to defend, indemnify and hold
harmless Company, its lenders, contractors, and its successors and assigns, (including
but not limited to purchasers of town homes constructed on the Property) from and against
any claim, demand, proceeding, judgment or cause of action, in law or in equity, whether
" now existing or hereafter arising (hereinafter "Claim") brought by any person, whether
; )
'----
governmental agency or private person, claiming loss, injury or damage attributable to the
Contamination. Such indemnification shall include, without limitation, attorneys' fees
reasonably expended by Company or any of the indemnified parties in the defense of any
such Claim. Any demand for indemnification under this paragraph shall be made not later
than December 31, 2008.
9. All rights and benefits accruing to the Company in or by way of this
Agreement, including any amendments thereto, shall also accrue to the Company's
successors and assigns in interest to all or any portion of the Property.
/ ')
\--
5
N:\PL\DJl\389470.doc -2.3 -
(\ IN WITNESS WHEREOF, the parties have executed this Environmental
U
Undertaking and Indemnity Agreement as of the day and year first above-written.
ANDOVER ECOMONIC DEVELOPMENT
AUTHORITY
By:
Michael R. Gamache, President
By
Jim Dickinson, Executive Director
BRUGGEMAN PROPERTIES, LLC
By:
Its:
0 By:
Its:
(\
"--./
6
N:\PL\DJT\389470.doc -24 -
C I T Y o F
'0 NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANOOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and lloMd ~
CC:
Jim Dickinson, Executive Director <(
FROM: Will Newneister, Director of Community Development ~
SUBJECT: Approve Andover Station North Design Standards (continued) -- Planning
DATE: March 1,2005
INTRODUCTION
At the last three meetings (Ian 4th, 18th and Feb. 15th) the EDA made suggestions regarding
changes to the Andover Station North Design Standards. The attached copy reflects
comments from the EDA members at those meetings, as well as changes recommended by the
0 City Attorney. The City Attorney indicated the need for a "Declaration of Covenants,
Conditions and Restrictions" (DCCRs') that will be discussed at the meeting. The adoption of
both of these docwnents will be needed before land sales/closings occur. The DCCR's will be
brought to the March 15th EDA meeting for review.
DISCUSSION
The docwnent also contains the changes to the allowable uses that were discussed in October.
Other miscellaneous changes suggested by the EDA members from the last meetings are also
shown. Some discussion at the last meeting related to the height of signs for the development.
No specific direction was given as to what change may be needed, so none has been made.
Word changes were made on page 8 (under the section titled "Required Building Entries")
and on page 16 (under the section titled "Lamp Color and Consistency").
ACTION REQUESTED
The EDA is asked to review the docwnent and if changes are needed, provide direction to the
staff and City Attorney on the latest version of the proposed Andover Station North Design
Standards.
Respectfully submitted,
Will Newneister d-
" '\ Attachment /
''0 Andover Station North Design Standards (March 1,2005)
(-.J
ANDOVER STATION NORTH
DESIGN STANDARDS
C)
March 1,2005
~- '\
J
TABLE OF CONTENTS
0 Page
PREAMBLE...................................................................................... .. 1
SECTION 1- DEFINITIONS.................................................................... 1
1.01 Andover Review Committee... ... ...... ... ... ......... ...... ......... ... ... ........ 1
1.02 Building Site............ ...... ... ............................................. ... ...... 1
1.03 Economic Development Authority (EDA).... ........................... ...... .... 1
1.04 Improvements................................. ........................ ......... ....... I
1.05 Lots..................................................................................... 2
1.06 Oecupant............................................................................... 2
1.07 Owfler...... ...... ..................... ............ ................................. .... 2
1.08 ParceL...................................... ............... ............................. 2
1.09 Person.................................................................................. 2
-h-l4 1.06 Property..................... ........................ ......... ..................... ..... 2
-hH 1.07 Street... ............ ............ ............ ......... .............................. ..... 2
-l-:-h!. 1.08 Permitted Uses.................................... ................................ .... 2
~ 1.09 Excluded Uses... ................................................ ............... ...... 5
SECTION 2 - PROJECT DESIGN STANDARDS......................................... 5
2.01 Site Plan... ............... ............ ........................ ...... ................ ... 7
2.02 Landscaping......... ........................... ..................... ...... ...... ...... 10
2.03 Architectural Standards........................ ................................. .... 13
2.04 Parking Loading and Unloading Areas...... ............ ... ......... ... .......... 14
2.05 Exterior Lighting............................................................... ...... 15
r~, 2.06 Signage........................... ............ ......... ............... ................. 18
\J 2.07 Construction and Maintenance.................... .............. .................. 23
2.08 Residential Design Standards......... ......... ... ............ ... ............... ... 25
SECTION 3 - ARCHITECTURAL AND SITE REVIEW............................... 28
3.01 Review... ... .................. ............ ............................................ 28
3.02 ApprovaL...................................... ............ ............... ............ 29
3.03 DisapprovaL.............. .................. ............ ......................... .... 29
3.04 Restrictions on Construction and Alteration......... ........................... 30
3.05 Development Guidelines....... ..... ... ... ... ... ... ... ... ... ...... ... ... ... 30
SECTION 1 ENFORCEl\iENT.. ..... ...... .... ........ .... ........ ... ... ...... ... ... ...... 30
4.Gl Termination.......................................................................... 30
4.02 Enfsreement Procedures............................................................ 31
4.G3 Failure ofEnforeement................................. ............................ 31
4.04 Vari!ll1ees.................. ........................................................... 31
4.05 Severability....................................... ............... ..................... 31
4.06 Review...................................................... .......................... 31
4.07 ,A.mendments.................. ............... ........................................ 31
SECTION S 1- MISCELLANEODS........................................................... 31
~ 4.01 Mortgages...... ............................................. .................. ....... 31
~ 4.02 Special Events..................... ......... ... ................................. ..... 32
EXHIBIT A - LEGAL DESCRIPTION..................................................... 35
EXHIBIT B - REGULATING PLAN ........................................................ 36
EXHIBIT C - MATERIALS PALATIE .................................................... 37
/~
<.-J
i
0 DESIGN STANDARDS FOR ANDOVER STATION NORTH
This Resolution is made as of _ day of , 2005 by the Andover Economic Development
Authority, a body corporate and political (the EDA").
WHEREAS, the EDA is the owner of real property in the City of Andover, Anoka
County, Minnesota, legally described on Exhibit A; and
WHEREAS, the EDA desires to submit said real property and all improvements on it
(collectively called the "Property") to the provisions of these Design Standards; and
WHEREAS, the EDA desires to declare and establish Design Standards which will
benefit the Property for the purpose of facilitating development of the Property and for the
purpose of protecting and preserving the value and desirability of the Property.
THEREFORE, the EDA resolves that the Property, shall be owned, used, occupied and
conveyed subject to the conditions and restrictions set forth in these Design Standards, all-ef
','kich shall be binding on aU Persons ovming or aequiring any right, title or interest in the
Property lill:d their heirs, personal representatives, successors and assigns. quidelines to the
development of all property in Andover Station North.
,- -" SECTION 1
U DEFINITIONS
1.01 "Andover Review Committee " shall be the authority charged with project
review and shall consist of representatives from the following City of Andover Departments:
Planning, Engineering, Building, Public Works, Fire, Administration, and Finance. (the
"ARC").
1.02 "Building Site" shall mean any lot or portion thereof, or two or more contiguous
lots, or portions thereof, or a parcel of land upon which a commercial, retail, office or residential
building or buildings and appurtenant structures may be erected, any part of which is subject to
the terms of the Design Standards.
1.03 "EDA" shall mean the Andover Economic Development Authority (EDA).
1.04 "Improvements" shall mean all structures and other construction on a lot or
parcel for a use permitted by the zoning ordinance of the City of Andover, including, but not
limited to, buildings, outbuildings, parking areas, loading areas, outside platforms and docks,
driveways, walkways, fences, lawns, landscaping, signs, retaining walls, screening walls, decks,
! poles, berms, swales and exterior lighting. I
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Design Standards
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/- , 1.05 "Lot" shall mean a portion of the Property identified as a lot on a subdivision plat
<J prepared in accordance with Minnesota Statutes, Chapter 505, and filed for recording in the
Anoka County Recorder's Office.
1.0lJ "Oeeupant" shall mean any Person, other than an o.....ner, in possession of a lot or
parcel.
1.07 "OwneF" shall mean the recorded ovmer of a lot or parcel, '."hether one or more
persons, but excluding contraet for deed vendors, mortgagees and other secured parties. The
term "O."mer" includes, ','1ithout limitation, contract for deed vendees and holders of a Iif-c estate.
1.08 "PaFeel" shall mean a tract of land separately described and identified as a
"Parcel" within the Pmperty. The conditions and restrictions in these Design Standards which
apply to each lot shall also apply to each par eel.
1.09 "Penon" shall mean a natural individual, corporation, limited liability company,
par.nership, trustee, or other legal entity capable of holding title to real Property.
-hi{) 1.06 "Property" shall mean all of the real Property submitted to the provisions
of these Design Standards, including all improvements located on the real Property now or in the
future. The Property as of the date of the adoption of the Design Standards is legally described
CJ on Exhibit A.
1.11 "StFeet" shall mean a portion of the Property dedicated to the public and sho..-m
as a str-cet or internal driye on a subdiyision plat prepared in accordance with Minnesota Statues
Chapter 505 and filed for recording in the :\noka COlmty Recorder's Office.
~ 1.07 "Permitted Uses" shall mean the permitted uses of the Property be limited
to community commercial, office, entertainment, office warehouse and residential as defined
below. The uses shall be limited to those as defmed herein. If there is a question as to whether
or not a use meets the definition, the Economic Development Authority shall make that
interpretation. Permitted uses shall be allowed only in the areas specified on Exhibit B for which
they are specified below. The Block and Lot designations in fmal plats approved for phases of
development may differ from those specified below. However, the permitted uses shall continue
to be those specified below for the Lots identified on Exhibit B.
Community Commercial Establishments engaged in commercial operations including
retail trade and services and hospitality industries. Areas designated as Community
Commercia-! are sho..-m on Exhibit B. Preferred uses shall include, but are not limited to,
the following:
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Andover Station North
Design Standards
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-~ ,
(-.-J . Apparel and Clothing . Barber and Beauty Shop
. Book Store . Florist
. Food and Grocery Stores . Jewelry Store
. Leather Goods . Music Store
. Photography Studio . Optometrist
. Sporting Goods . Restaurants
Permitted Uses shall include the [ollowing:
. Antiques . Bicycles
. Bakeries . Candy
. Carpets & Rugs . Catering Establishments
. China & Glassware . Clothing & Costume Rental
. Department Stores . Electrical Sales & Repair
. Furniture . Gifts
. Hobby Shops . Household Appliances
. Interior Decorating . Laundry & Dry Cleaning Pickup
. Locksmith Shop . Luggage
. Office Supply & Equipment . Paint & Wallpaper Sales
. Pharmaceutical . Restaurants
<J . Tailoring . Tobacco
. Toys . Variety Stores
. Video Store Rental & Sales . Liquor Store Sales - Off-Sale
Builders Showcase Uses IncIudinl!:
. Li~htin~ Studios . Window and Garal!e Door
Companies
. Home and Office Electronics . Drywall Companies
. Cabinet Shops . Contractors Offices
. Interior Decoratinl! Supplies . Household Appliances and
and Services Fixtures. Central Vacuums
. Other similar uses provided all . Indoor Showroom
materials and finished l!oods
are stored inside.
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,- , Conditional Uses shall include the followine::
(-.J
. Home Improvement. Provided all materials are stored
Buildine: Supplv. inside.
Lumber Yards
. Garden Provided bulk e:oods are
CenterslLandscape adeQuatelv screened.
Centers
. Car Wash
Office Establishments engaged in strictly office operations not requiring loading or
warehousing facilities. Areas designated for Office uses are shown on Exhibit B. The
following are permitted uses:
. Scientific and Technology Industries
. Office and Administrative Facilities
. Financial Institutions
. Conference Centers
. Health and Dental Care Facilities
. Hotels and Motels
/'---, . Day Care Facilities
(-.-J . Veterinary Hospital
Office\Warehouse Establishments engaged in operations requiring both office and
warehousing facilities. Office space shall constitute at least 20% of floor area. There
shall be minimal impact upon the surrounding environment by noise, vibration smoke,
dust or pollutants. Areas designated as Office\Showroom\Warehouse are shown on
Exhibit B. The following are permitted uses:
. Indoor limited retail sales accessory to office\Iimited manufacturing uses
. Scientific and Technology Industries
. Indoor Showroom
. Office/Showroom
. Office and Administrative Facilities
Entertainment Areas designated as Entertainment are shown on Exhibit B. The
following are permitted uses:
. Theatres
. Restaurants (with or without on sale liquor)
. Health Club
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:J . Private Clubs, Lodges, Halls or Convention Centers
. Indoor Commercial Recreation
Residential Areas designated for residential are shown on Exhibit B.
l-dJ 1.08 "Excluded Uses" shall mean the following uses and activities are prohibited
within the Property:
. Contractors Yards
. Lumber Yards
. Home ImpTOvement\Building Supply
. Garden\Landscape Center
. Auto Related industries including sales and repair (except car wash)
. Used Material Yard
. Exterior storage and sales
. Manufacture, storage or sale of explosives or similar dangerous products
. Trucking Terminal
. "Adult Uses" as regulated by city ordinances
SECTION 2
PROJECT DESIGN STANDARDS
~ Development Theme The purpose of the Andover Station North development is to
provide for the orderly and integrated development of a high quality Commercial Center that
includes a mix of shops, offices, entertainment, housing, recreation, community facilities, and
open space. The ;\ndo'/er Station North intends to off-cr citizens a place to enjoy an active street
life, commm1:ity acti'lities, and a neighborhood retail experience.
The ,\ndover Station North standll:Tds are the regulating zoning standards for the GB,
General Business Zoning District. Other standll:Tds in the zoning ordinance or other regulatory
controls notwithstanding, Where there is conflict between the Andover Station North Design
Standards and specific elements of the other City ordinances or regulations, the Andover Station
North Design_Standards shall prevail. Where there is no conflict and when the Andover Station I
North Design_Standards do not address a specific instance, other City standards shall apply.
All new construction, modification or exterior alteration and colors must adhere to the
established architectural theme of the Property. The ARC shall consider compatibility during the
commercial site plan approval process.
These design standards support the following goals for the entire platted area of
"Andover Station North":
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Design Standards
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\ . Economic Development
lJ
~ Create a setting that supports the long-term viability of Andover Station North
Commercial Center.
~ Optimize job growth, residential opportunities, and tax revenue for the City of
Andover through the creation of an integrated and balanced project.
. Land Use
~ Concentrate development at intensities that bring within \valking distance the
diverse activities that comprise provide an active community commercial center.
~ Provide a complementary mix of land uses, including retail, entertainment, civic
facilities, employment, housing, and community open space.
~ Integrate community-serving open spaces and amenities throughout Andover
Station North and make connections to the City trail system.
. Community Design and Architecture
~ Site and Design buildings and landscaping for cOD'lenient walking distances,
,-, enhanced pedestrian mutes, and human comfort and safety.
\_J
~ Avoid pedestrian routes dominated by parking lots or blank walls.
~ Respect the site's valuable natural features, including its woodlands, ponds and
wetlands.
~ Encourage architectural diversity, within a unified whole.
~ Encourage energy conservation through architectural features, such as shading
devices, natural ventilation, and interior lighting.
~ Maintain high standards of quality in the construction of building and site
features.
~ Respect adjacent existing residential neighborhoods and emphasize compatibility
through design.
. Infrastructure
~ Provide streets that create comfortable walking environments while also allowing
safe vehicular movement.
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/, ~ Establish a network of interconnected internal drives and streets throughout
~J Andover Station North and extend pedestrian connections to surrounding areas.
. Administration
~ Strive for the timely and orderly implementation of the Andover Station North
through clear, concise standards.
~ Establish standards that are consistent with the City's Comprehensive Plan aOO
Andover Station North Master Plan.
The Andover Station North Design Standards are intended to encourage creative
application of specific design principles to the commercial center site (refer to Exhibit B -
Regulating Plan). The goal of the design review process is to provide a framework for
performance based communication, collaboration, negotiation and accommodation. The
following are the primary categories of the Andover Station North Design Standards:
2.01 Site Plan
2.02 Landscaping
2.03 Architecture
2.04 Parking
~- ') 2.05 Lighting
2.06 Signage
-~
2.07 Construction and Maintenance
2.08 Residential
2.01 Site Plan The Andover Station North Site Plan specifies the essential physical
features for the Andover Station North Commercial Center including required streets, build to
lines, building locations and entrances, gateways, landmark towers, landscape frontages, ponds
and public trails.
. Build to Lines
Build to Lines define locations -;,here buildings must be built vlithin a certain distance of
the public right of ','lay or the ponds. Bringing building fronts close to the edge of streets
or ponds and wetland enhance continuity, attractiyeness and intimacy of pedestrian
spaces. Specific regulations for Build to Lines arc:
~Build to Lines occur at the edge of the dedicated right of vmy, -.Wlere property
meets a publicly accessible street, path or -.vater and wetland amenity.
~To contribute towards meeting the Build to requirement, building facades must be
sited within zero to ten feet of the public right of way.
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'-.-1 ~PMks or plams may be used to satisfy I:lfl to 20 percent of the build to
requirement, and must be landscaped ,'{ith shade trees and furnished ','lith seating
arcus satisfaetory to }\.R.C re',iew and approval.
~StandMds f-or Build to Lines and associated clements such as minimum building
height, building frontage and building entry as ','1C1l as window placement and
frequency Me described in greater detail in the Ar-chitcctur-a! Standards Sectien.
. Landscaped Frontages
Landscaped frontages shall be used to extend a sense of enclosure to the street in
locations where street-facing buildings are not required. Landscaped frontages will also
screen views of parking lots and loading areas, and will help establish a unique project
identity. Landscaped frontages will be maintained.
. Required Building Entries
The Andover Station North Site Plan shows locations where major building entries
should be encouraged to create important pedestrian and visual connections. =These
entries are located at important corners or intersections, typically .."here IMger stores
/--, would locate. Placing entries at these locations helps ell5UFe that the buildings relate to
\,j the street and that pedestrians have a direct route of entry to the buildings. Pedestrians
passing through these entries establish a critical mass of acti,..ity at major corners and neM
publie Meas.
. Towers
TO'''lCrs Me required in the designated locations to mMk major destinations and gate'.vays.
The towers ','lill terminate important local ',istas and visually ar.nounce the ,^.ndover
Station North Commercial Center from Bunker Lake BoulevMd and Commercial
BoulevMd. Towers of high Mchitectural merit Me called for as sho',vn in the prototype
elevations. Towcrs must be integrated into a building. The towers may not exceed a
height of 65 feet, plus minor projections not to exceed one f-oot in vlidth and five feet in
height (a total of 20 feet abo',e the maximmn building height). Signs on to'.",crs shall be
prohibited.
. Gateways
Entrances to Andover Station North shall be marked by distinctive features that announce
the Andover Station North Commercial Center and foster a memorable sense of arrival.
. Buildings
, "
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Design Standards
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,- -,
~ I
~J ~ Quality and Materials
Each building located within the Property shall be built in an industry acceptable
and city approved workman-like manner with high quality, first-class building
materials. The design and location of buildings constructed on a lot shall be
attractive and shall compliment existing structures and the surrounding natural
features and topography with respect to height, design, finish, color, size and
location. The following standards shall be adhered to:
A) Masonry material shall be used. Color shall be introduced through colored
block or panels and not painted block.
B) Brick may be used upon approval of the ARC to assure uniformity.
C) Block shall have a weathered, polished, fluted or broken face.
D) Concrete may be poured in place, tilt-up, pre-cast, and shall be finished in
stone or textured finish, and coated.
E) Metal siding is prohibited, except as an accent material upon approval of the
r -'" ARC.
\ j
-~ F) All accessory structures shall be designed and constructed with materials
compatible with the primary structure.
G) All roof-mounted equipment shall be screened by walls of compatible
appearing material or camouflaged to blend into the building or background.
Wood screen fences are prohibited. All exterior machinery, tanks, etc., are to
be fully screened by compatible materials.
H) Acceptable materials will incorporate textured surfaces, exposed aggregate
and/or other patterning. All walls shall be given added architectural interest
through building design and/or appropriate landscaping. The buildings shall
have varied and interesting detailing. The use of large unadorned concrete
panels and concrete block, or a solid wall unrelieved by architectural detailing,
such as change in materials, change in color, fenestrations, or other significant
visual relief provided in a manner or intervals in keeping with the size mass,
and scale of the wall and its views from public ways shall be prohibited.
I) Each building shall contain one or more architectural treatments such as
towers, arches, vaults, entryway projections, canopies and detailing to add
additional interest and articulation to structures.
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( -"
. ,
\ ,
1) There shall be no underdeveloped sides of buildings visible from public right-
of-ways. All elevations visible from the street shall receive nearly equal
treatment and visual qualities. Windows shall be incorporated into areas that
front streets, sidewalks or trails, when appropriate.
K) Other materials may be approved by the ARC and EDA if determined to be in
conformance with existing design and character of the Property.
L) Review and approval of building materials by EDA.
~ Minimum Height
Street facing buildings must be at least 20 feet high. Minimum building height is
measured relative to the finished grade. Minimum height is measured to the
highest point of the roof, excluding minor lengths of parapets, cupolas, or other
discontinuous projecting features. Continuous parapets or false fronts and peaked
or sloped roofs do qualifY towards meeting the minimum height.
~ Maximum Height
"
(_J In all locations, the maximum allowable building height is 45 feet, measured at
the tallest part of the building.
~ Minor Projections
Minor projections and special architectural features such as clock towers, bell
towers, cupolas and ornamental portions of parapet walls may extend up to 10 feet
above the maximum height, provided they make up no more than one third of the
length ofa building's facade.
. Common Site Maintenance Responsibilities
The Andover Station North Owners Association shall control the maintenance of all
hiking trails, walkways, common open space, street lighting, landscaping, and right of
way and other site-related amenities through the collection of association fees from the
members of Andover Station North Owners Association established by the Economic
Development Authority. Pedestrian access shall be provided from each site to the public
sidewalk and/or trail system.
2.02 Landscaping All areas on any lot or parcel not used for buildings, storage, parking,
walkways, access roads, or loading areas shall be suitably graded, drained and sodded,
./ -.,\
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Andover Station North
Design Standards
March !, 2005
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r-'\ maintained and landscaped with greens and shrubs so as to provide apark-like setting and to
\.--.J screen parking and road areas.
Landscaping plans are required for all developments and are subject to the approval of the
EDA, as part of the site plan approval process. All lots and parcels shall be landscaped within 90
days of substantial completion of construction and issuance of Certificate of Occupancy in
accordance with approved plans. All landscaping associated with substantial completion during
the Winter must be escrowed in accordance with Building Department requirements.
The landscape design should be complementary to common areas and previously
developed areas. Plantings should provide for seasonal interest and should include a selection of
coniferous and deciduous plants. Natural landscaping and indigenous vegetation shall be
permitted and are encouraged in those areas not associated with the formal entries and common
areas or buffers between properties that may be negatively impacted by said landscaping. Annual
flowers are recommended to accent or supplement the landscape plan. All landscaped areas shall
be irrigated.
The approved plan for landscaping a building site may not be altered substantially
without submitting a revised plan to the EDA for approval.
. Site Planning to Preserve Natural Assets
C) While the network of required streets is fixed, many site decisions remain for other streets
and for buildings.
~ Views and Vistas
Site planning shall recognize the role that street alignment and topography
contribute to visual prominence. High points on the land and vistas along
common routes provide unique opportunities to site important buildings, building
entrances, plazas and monuments. Doing so will add recognizable landmarks that
can make the l.ndover Station North a memorable place.
~ Grading
Site planning shall minimize grading when locating streets and buildings. When
areas with slopes must be graded, landform-grading techniques shall be used and
slopes exceeding 4:1 shall be avoided. Rounded forms that use concave and convex
shapes help conceal cuts by presenting a more natural look. Varied slopes also
disperse drainage flows, reducing the potential for erosion and allowing more
percolation. Concentrating drainage in concave swales also enhances on-site storm
water retention and minimizes the need for large detention areas off-site. If required,
any retaining walls shall not exceed five (5) feet in height.
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Andover Station North
Design Standards
March I, 2005
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':J > Landscaped Frontages
A twenty-foot wide landscaped buffer must be placed where parking lots abut local
and surrounding streets. However, care shall be taken to design and site the buffers
such that they do not provide ambush points or obstruct views.
> Connecting Walkways
Connecting walkways must meet the following minimum requirements:
> Width and Clearance
The width of the paved walking surface must be at least six (6) feet clear. Any
covered structure such as trellis must have at least ten (10) feet clear height, but
must not obstruct visibility or provide hiding or ambush places.
> Paving
At stratel?:ic locations. connecting walkways must be paved with a special paving
or concrete in a pattern or color that contrasts with the surrounding pavement to
0 insure uniformity and consistent walkway patterns.
> Tree Planting
Connecting walkways must be planted with either shade trees or a shade structure
such as a trellis with climbing vines.
> Lighting
Connecting walkways must be equipped with lighting. on one side, at least three
(3) feet in height in order to be visible in deep snow drifts or sno..... banks.
Lighting standards spaced a maximum of thirty fcet apart and a maximum of ten
(10) f-cet tall are reeommended.
2.03 Architectural Standards
. Building Entries and Windows
Building massing shall be designed to highlight the location of building entries. Primary
pedestrian entries shall be clearly expressed and be recessed or framed by a sheltering
element such as an awning, arcade, porch or portico. Greater height may be used to
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Andover Station North
Design Standards
March ],2005
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0 accentuate entries in the form of tower elements, tall openings, or a central mass at an
entry plaza.
. Reveals
Windows and doors must be recessed at least two inches from walls or exterior trim to
create shadow for visual interest.
. Building Scale and Definition
The guidelines in this section are intended to create buildings with a human scale, making
Andover Station North Commercial Center more pedestrian-friendly and a pleasant place
to walk.
~ Structural Legibility and Articulation
Facade articulation is required. Building fenestration (windows and doors) and
changes in mass shall relate to structural system(s) and the organization of interior
space. Vertical architectural features such as columns and piers help articulate
building mass.
~ Roof FonnIRooftop Equipment
0 A variety of roof forms are permitted. Architectural drawings shall show rooftop
mechanical equipment details. Changes in roof form must correspond with a
building's structural bays and massing. Mechanical equipment must be integrated
into overall mass of a building and screened and/or hidden behind parapets or
recessed into hips, gables, parapets. Plain equipment boxes are not acceptable.
. Materials and Methods of Construction
Building Materials. All buildings must have the following facade materials in any
combination on each facade: brick, stone, glass. Other materials, such as wood, masonry,
brick, rock face block, stucco, stone, architecturally textured concrete precast panels (but
not including smooth concrete block) may be permitted at the EDA's discretion, if they
are determined to be consistent with the Andover Station North Design Standards and the
purpose of this section. The design on facades not visible from a public right-of-way or
residential uses may be less ornamental than those visible from public right(s)-of-way,
but may still use the same materials as the rest of the building. Walls used for screening
must use the same building materials as the principal building(s). Buildings shall support
regional traditions and maintain a high level of craft in the process of construction. See
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Andover Station North
Design Standards
March 1,2005
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0 recommended materials palette, Exhibit C. (Samples available at Andover Community
Development Office.)
. Service Areas
Service areas are places where truck loading takes place, refuse is stored or mechanical
equipment is mounted. Service areas must be located away from and screened from view
of streets, parks, plazas and landscaped walkways. Appropriate screening strategies
include vine-covered walls or fences, trellises, arcades, dense landscaping reaching a
height of six feet or some combination thereof. Where service areas cannot be avoided
along a street, park or plaza, they must be recessed within a building's envelope.
. Fences and Walls
Walls and fences within view of streets, parks or plazas must be constructed out of
attractive, long-lasting materials, such as wood, wrought iron, masonry or stone. Chain
link and wire fencing must not be used. Walls and fences must not exceed 42 inches in
height within 20 feet of streets, parks, and plazas.
2.04 Parking Loading and Unloading Areas No parking shall be permitted on any
street or any place other than parking areas located on a lot. All parking provided on a lot must
(J meet the requirements of City codes and ordinances of the City. From and after the date a
building is constructed the owners of such building and building site shall maintain adequate on-
site parking spaces and loading facilities to serve the needs of each building site, taking into
account the building or buildings located or to be located thereon, and the use made or to be
made thereof. Separate areas shall be designated for automobile parking, loading, commercial,
and storage uses. Loading areas shall not encroach into yard setbacks or required off street
parking areas of any lot. All parking and drive aisle surface areas shall be either asphalt or
concrete and all parking areas including parking islands must be poured concrete curb. Any
deviation is subject to approval of the ARC. Landscaping shall be incorporated into all parking
lots to decrease the visual monotony. Island plantings of over story trees are required for parking
areas accommodating more than 20 vehicles. No vehicles or trailers may be parked in the same
location for a period in excess of twenty-four (24) hours in the parkin!! lots. Joint parking
arrangements between facilities shall be encouraged.
. Landscaped Frontages
Where parking lots abut streets, a Landscaped Frontage shall be provided on the parcel,
adjacent to the sidewalk. Landscaped Frontages are not required when parking lots are
sited behind buildings or plazas.
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0 . Conneeting Walkways
~Aeross Large Parlung Lots
Parking lots shall not exceed 100 spaces vlithout being segmented by Connecting
Walkways, Landscaped Frontages or buildings.
~Linking Building Entranees to Sidewalks
Where building entries do not abut a street, Connecting Wallm'8.Ys arc r-equired to
link the building entrance to street side'.valks. This configuration is most likely
for larger store tenants ,,'tho require parking lots in front of building entrances.
. Orchard Tree Planting In or Around Parkin!! Lots
For parking lots, a minimum number of shade trees are required, equivalent to one tree
per sHt ten parking stalls. Trees in parking lots shall be spread uniformly throughout the
parking area. Trees planted along connecting walkways and adjacent landscaped
frontages may also contribute to the one-per-sHf ten requirement for parking lots. Trees
must be set into a tree well and protected by tree guards a landscaoed island or olaced
around the oerimeter of the oarkin~ lot.
() . Bieyele Parking
Bicycle Parking must be proyided in easily aecessible locations. One bicyele space shall
be pr<lYided for e'lery 2,000 square feet of building Net Floor i\rea. Bicycle parking must
be ',isible fr()m storefrmus or office building front doors, in order to improve security for
parked bicycles.
2.05 Exterior Lighting The following standards apply to on-site lighting, including
lighting of signs, structures, landscaping, plazas, parking and service areas.
. Intensity and Direction of Lighting
All lighting fixtures, including spotlights, electrical reflectors and other means of
illuminating signs, structures, landscaping, parking, loading and similar areas, shall be
focused, directed and arranged to prevent horizontal glare or direct illumination on
adjoining property or streets. A sharp cut-off must be used to direct light toward walls
and landscaping to avoid shining light up into the sky.
Indirect illumination of neighboring residential properties or uses by anyon-site lighting
shall not exceed O.4-foot candles at the property line, as measured horizontally and
vertically from the adjacent grade to a height of 14 feet.
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Design Standards
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, '\
,J No mercury vapor utility yard lights or other light fixtures with high intensity discharge
lamps or bulbs, which are not designed to limit or control light direction or which do not
shield the light source from view of neighboring residential properties, shall be permitted.
. Lamp Color and Consistency
The lighting allowed in Andover Station North shall be approved bv ARC the same as
"^..ndo'/er Station. The lamp types used in "\ndo'/er Station shall be repeated in this new
development ar-ea. Lighting shall be required \vithin three zones: along streets and
walkways, vAthin parks, and '....ithin parking lots. Within each of these zones, lamps of
similar type and color shall be used, 'lAth the con'.'ersion of non conf-onning existing
lamps encouragea oyer time. Lamp styles and standards are on file vAth the City of
"\ndover.
. Types of Lighting Applications
~ Architectural
Accent lighting of architectural features is encouraged to higWight building
massing and rhythm as well as enhance the pedestrian environment. Accent
0 lighting shall not be a source of glare, reflected glare or excessive light, especially
when viewed from residences and streets, walkways or open spaces. The
following standards apply:
0 Building Entries
Building entries with high activity levels shall be illuminated. Appropriate
treatments include: bathing entry surfaces and doorways with light, allowing
the building interior light to glow through glazing, or using decorative lighting
fixtures to announce entries.
0 Service Areas
Building-mounted down light fixtures, in combination with pole fixtures, are
preferred for the illumination of building service areas. Such fixtures do not
cause glare or light leakage beyond the service areas.
0 Landscaped Frontages
Regular up lighting of walls or other structures in Landscaped Frontages shall
occur throughout Andover Station North and must be coordinated to create a
consistent and dramatic effect.
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Andover Station North
Design Standards
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"
'\._J 0 Landscaping and Furnishing
Up lighting is recommended for all landscaping and furnishings (in both
public and private areas) that require accenting (such as specimen trees and
shrubs and sculptural features). Specific areas include streets, parks and
plazas.
0 Landscaped Walkways
Landscaped walkways and other pedestrian paths shall be lit by pole or bollard
type fixtures that are human-scale, typically not to exceed sixteen (16) feet or
four (4) feet in height, respectively. However, lighting must be at least three
(3) feet in height in order to be visible in deep snowdrifts or snow banks.
0 Seating Areas
Where intimate environments arc desired (e.g. seating areas in parks and
pltmlS, as '.vell as some pedestrian vlalkvIaYs), light bollards and other forms
of indirect illumination arc appropriate.
. Rollards
C)
Lighting bollards arc recommended f-or illuminating pedestrian walk',vays, parks and
plazas. Lighting bollards must have a black metal finish. Bollards must her/e a diameter
of appmximately eight inches and a height of at least three feet, to 8:"'loid being obstructed
by snOVl. :\round the light source near the top of the bollard, horizontal louvers must be
used to stylistically complement the luminaries and direct light downward. Concrete
finishes shall not be used for lighting bollards.
. Submittal Requirements and Design Review
A lighting plan prepared by a qualified lighting consultant shall be submitted for design
review. All lighting and their methods of installation shall be reviewed and approved by
the City. Each owner/tenant will be responsible for the design, fabrication, and
installation of lights on private property.
2.06 Signage The City of Andover recognizes there is need for signs advertising the
identity of Owner and the business conducted on the Premises. It is further recognized that
acceptable standards for such signs may change from time to time. In order to allow for such
change, all requests for signs to be located on any part or parcel of the Property shall be
submitted to the City of Andover for approval. The ARC shall review all signs for approval.
The following criteria shall be used to evaluate sign appropriateness:
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Andover Station North
Design Standards
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/ -,
....J A) Advertising signs, advertising businesses or products other than those sold,
manufactured or warehoused on the part or parcel of the Property on which the sign is
located shall be prohibited.
B) Use of any flashing, pulsating or rotating light or lights shall be prohibited.
C) Rooftop signs shall be prohibited.
D) Signs shall be stationary and lighted by surface mounted fixtures located on the sign or
the adjacent facade. Self-illuminating signs may be used only upon approval of the I
ARC. The ARC shall determine appropriateness based upon size, scale, colors,
materials, and compatibility with neighboring signs and structures within the property.
E) Plastic, plexi-glass, clear plex or similar material signs and awnings are prohibited
unless used in conjunction with other decorative materials.
F) Signs may be painted, pre finished or utilize exposed metal. Any exposed metal shall
be stainless steel, titanium, bronze, or other similar non-corrosive materials.
G) Consistency in signage shall relate to color, size, materials and heights.
C) H) All signs must meet the requirements of the City of Andover, including receipt of
permits prior to erection.
I) Pylon signs are prohibited
1) All signs shall be reviewed by the Andover Review Committee (ARC)
. Prohibited Signs
The following signs are prohibited:
~ No tenant signs will be permitted which do not directly relate to the name or
primary service or function of the given tenant activity.
~ Signs consisting of visible moving parts or simulate movement by means of
fluttering, rotating or reflecting devices.
~ Signs with flashing, blinking or moving lights or any other moving lights, or any
other illuminating device that has changing light intensity, brightness, or color,
except for parts designed to give public service information such as time, date,
temperature or similar information.
~~
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Andover Station North
Design Standards
March ], 2005
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/.- "'
\._J ~ Individual commercial signs placed on public property.
~ Signs projecting into the street, with the exception of traffic control signage,
temporary banners mounted to light standards and pedestrian-oriented signs.
~ Vehicle mounted or portable signs which advertise, identify or provide directions
to a use or activity, that are not related to the vehicle's lawful making of deliveries
of sales or of merchandise or rendering of services.
~ Bench signs.
~ Billboards.
~ Roof-mounted signs.
~ Canister signs.
~ Signs that project above a parapet or the highest point of a roof.
~ Hand-painted wall or ground signs of a permanent nature.
(; ~ Signs attached to or painted on windows with the exception of open hours
~
signage.
. Sign Construction
Attractive and long-lasting signage shall be encouraged through the following provisions:
~ All Signs shall be made of materials compatible with exterior building colors,
materials and finishes and be of high quality fabrication. The scale and proportion
of graphics shall be compatible with buildings' architectural character.
~ Signs are to be free of all labels and fabricator's advertising, except for those
required by code.
~ All electrical signs and their installation must comply with all local building and
electrical codes.
~ All electrical service to sign lights shall be fully concealed. No sign shall have
exposed wiring, raceways, ballasts, conduit or transformers.
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Andover Station North
Design Standards
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/ " ~ All exterior, mounted letters exposed to the weather shall be mounted at least
(,j three-quarters of an inch (314") from the building wall to permit proper dirt and
water drainage. All bolts, fastenings and chips shall be of stainless steel,
aluminum, brass, bronze or other non-corrosive materials. No black iron
materials of any type will be permitted.
~ Owners/Occupant shall be fully responsible for the operations of their sign
contractor.
~ All sign illumination systems shall minimize the energy needed by utilizing
contemporary energy saving techniques and materials.
~ Sign materials shall be limited to metal, wood, concrete, glass and acrylic
materials with UV inhibitors. All materials shall be of high quality, durability and
require low maintenance.
~ Wall-mounted signs must be constructed of cut-channel letters.
~ Wall-mounted signs may not project more than eight (8) inches from face of
structure to which the sign is attached.
/-, ~ Freestanding monument signs shall be integrated with landscaping or an
'-~ J architecturaJ feature such as a wall or fence to minimize visual mass. and siens
for an individual property shall not exceed fifteen (15) feet in hei~ht.
~ Area Identification/muIit-tenant signs shall not be more than fiyc (5) twentv-
five (25) feet in height.
. Sign Lettering
Typography and graphics shall be constructed of durable materials capable of being
permanently maintained, such as metal lettering, framed panels or engraved masonry.
Any advertisement text, symbols or other indications displayed on the sign face shall be
limited to not more than five (5) words, letters, numbers, figures, symbols or other
indications used as a substitute for words. Lettering on Gateway and Project Identity
signs and lettering on tenant signs is limited to a height oftwclyc (12) twenty-four (24)
inches
. Tower Sign age
Tower locations are shown in the Site Plan, while tower height and width limitations are
shown in the section on Building Height. Towers may have face and projecting signs, but
signs for individual tenants are not permitted. Face signs may not be mounted higher
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Andover Station North
Design Standards
March 1,2005
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/ " than sixty-five (65) feet above grade. Any tower signage exceeding 35 feet in height shall
\ ) comply with zoning ordinance requirements.
-
. Gateway Signage for Project Identity and Tenants
Project gateways, shown in the Site Plan, are the two most commonly used vehicular
entries into Andover Station North. Gateways are marked by wall or trellis treatments on
one or both sides of the street.
. Building Signage
These signs identifY buildings and individual building tenants while respecting the
character and human scale of buildings in Andover Station North. Signs shall not
obscure architectural elements such as pilasters, cornice lines, capping or the edge of
opemngs. Building signs serve several purposes and may take several formats.
. Building Sign Purposes
~ Signs for building identification announce the building, either with a street
address name (for example, 100 Andover Station North Drive) or a building name
(for example, The Birch Building). Building identification signs are usually
( "' placed at the top of the building or over major entrances.
\~ )
~ Signs for individual ground-level tenants.
~ Signs for shared-entry tenants address conditions in which multiple tenants share a
building entry and an exterior identity, or when upper-story tenants share a
ground-level entry.
~ Additional minor, pedestrian-oriented signage for individual tenants.
. Building Sign Formats
~ Building Face Signage lies against the plane of the building and is integrated into
building details along cornices, base treatments, entrances or centered within
building recesses.
~ Projecting or hanging signs are panels perpendicular to and projecting from a
fa9ade to identifY a business tenant. Projecting signs shall be at least eight (8) feet
above pedestrian paths and thirteen (13) feet above streets that are used by trucks
or emergency vehicles.
/" -.....,
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/ " ~ Pedestrian-oriented signs. These smaller signs for individual building tenants may
.
\. / be flush with the building face, project at right angles or be painted on awnings
and shall not obstruct architectural features.
. Monument Signage
Monument style signs shall be limited to communicating the general locations and
direction of amenities or facilities, such as tenant location maps and directions to parking
lots, exits and deliyery and loading areas. Monument signs shall not exceed six (6)
fifteen (15) feet in hei~ht with Area Identification si!!DS allowed up to twentv-five
(25) feet in height. Signs may be posted on all sides of monuments but shall not exceed
two (2) square feet in display area per sign. Monument signs should have limestone or
brick bases, complemented with limestone, dark green metal or wood trim. Signage
lighting should be discreet, directed only at the sign rather than causing glare.
. Other Sign age
~ Public Traffic Safety Signs
The City and other public agencies charged with the responsibility of traffic safety
may place public traffic and other signs throughout the plan area.
I ...
'- } ~ Temporary Signs and Banners
Temporary signs intended for seasonal events, holidays or special events may be
attached to light standards within the street or project from building faces, subject
to approval of sign permits. On all types of light standards, banners must not
exceed a width of two (2) feet; for light standards of up to sixteen (16) feet in
height, banners must not exceed three (3) six (6) feet in length, '.vith one
additional foot of banner length permitted for every additional f-oot in pole height,
up to a six (6) foot maximlHll length. Banners mounted on buildings shall not
exceed a width ofthree (3) feet and a height of six (6) feet.
~ Occupant's Property
Banners and other advertising devices, with the exception of stringers, floodlights,
inflatable statuary or rooftop balloons may be placed on an occupant's property
for the purpose of announcing the opening of a new business, subject to the
following restrictions:
The total area of all temporary signs and advertising devices shall not exceed the
area of permanent signs for the use permitted by these sign criteria (see above).
(~
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Andover Station North
Design Standards
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0 No temporary sign shall be located in a manner not permitted for permanent signs.
Temporary signs may remain in place for a period not to exceed sixty-days after
the date of installation of the sign.
2.07 Minimum Standards The Minimum Standards for the construction, alteration and
maintenance of improvements on the Property shall be those set forth by the City of Andover and
any other governmental agency, which may have jurisdiction over the Property. All
improvements on the Property shall conform to the then existing building codes in effect for the
City of Andover and shall be in compliance with all laws, rules and regulations of any
governmental body that may be applicable, including without limitation, environmental laws and
regulations. Where the Design Standards are more stringent than the zoning ordinance, or other
laws and regulations of the City of Andover or any other applicable government agency, the
Design Standards restrictive covenants contained in this Declaration shall govern and become the
minimum standards by which the improvements and maintenance of them shall be controlled.
. Maintenance
Each owner and occupant of a lot shall fully and properly maintain and repair the exterior
of any structure located on such lot in such a manner as to enhance the overall appearance
of the Property. The exterior of all buildings and the parking, driving and loading areas
U shall be kept and maintained in a good state of repair at all times and be adequately
painted or otherwise finished. All lots shall be kept free of debris of any kind and all
landscaping must be kept in good repair. All landscaped areas shall provide proper site
drainage. Landscaped areas shall be maintained in a neat condition, lawns mowed and
adequately watered in summer, neatly trimmed, and leaves raked. Underground
sprinkling systems shall be installed for all landscaped areas. If at any time the ARC
determines that an Owner has failed to properly maintain its Lot, the City of Andover,
following ten (10) days notice to the Lot Owner, shall have the right to maintain the Lot
and assess such Owner a violation assessment equal to the costs of maintenance plus ten
(10%) of such cost as an overhead charge.
. Construction
Construction or alteration of any improvements on a lot shall be diligently pursued and
shall not remain in a partly finished condition any longer than is reasonably necessary for
completion of the construction or alteration. The owner and occupant of any lot upon
which improvements are constructed shall, at all times, keep the lot and streets, being
utilized by such owner in connection with such construction, free from dirt, mud,
garbage, trash or other debris which might be occasioned by such construction or
alteration.
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u
. Noxious Activities
Uses which are accompanied by excessive noise, vibration, dust, dirt, smoke, odor,
noxious gases, radiation, liquid wastes, and glare shall not be permitted. Noxious
activities shall not exceed local, state, and federal standards, the lowest standard being the
applicable standard. Glare, whether directed or reflected, such as from spotlights or high
temperature processes, as differentiated from general illumination, shall not be visible
beyond the lot line of the property from which it originates.
. Temporary Structures
No temporary building or other temporary structure shall be permitted on any lot;
provided, however that trailers, temporary construction buildings, and the like shall be
permitted for construction purposes during the period of construction or alteration of a
permanent building. Such structures shall be placed as inconspicuously as practicable,
shall cause no inconvenience to owners or other occupants of other lots, and shall be
removed not later than 30 days after the date of substantial completion for beneficial
occupancy of the building in connection with which the temporary structure was used.
(J . Minimum Building Standards
Buildings, enclosures, parking areas, driveways and other surfaced, non-vegetated areas
shall not cover, in aggregate, more than 70% of the area of a lot. Landscaping and
vegetation including courtyards, outdoor dining areas, and patios shall incorporate at least
30% of the total area of the lot.
. Screening of Service, Waste Facilities and Storage Areas
Garbage and refuse containers shall be contained within buildings or shall be concealed
by means of shrubbery and screening walls of materials similar to and compatible with
that of the principle buildings. Fuel and other storage tanks shall be integrated vlith the
concept of the building plan, be designated so as not to attract attention, and be
inconspicuously located. Unless specifically approved in writing, by the EDA, no
materials, supplies or equipment shall be stored in any area on a lot except inside a closed
building or behind a visual barrier which screens such areas so that they are not visible
from the streets or from the front yard of adjoining lots. All enclosures and trash
receptacles shall be kept in a good state of repair and waste receptacles shall include
secure lids or covers to properly contain wastes. All enclosures must be accessible to
waste and recycling collection vehicles. No service, waste or storage area shall be
permitted between the street and front of a building unless by ARC.
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(J
. Utilities and Antennas
All permanent, local service, utility lines on any lot shall be placed underground. All
utility apparatus and appurtenances including but not limited to transformer or terminal
equipment shall be visually screened from view from streets and adjacent lots. Antennas
that present a cluttered view, which detracts from the park atmosphere, or that interfere
with the operations of other owners in the Property are not permitted.
2.08 Residential Design Standards
. Allowable Uses
>- Housing
Residential Districts permit a range of housing types at moderate to high a
medium density. densities., including attached and/or stacked residences, such as
ro'l{ houses, apartments and condominiums as 'Nell as assisted Iiying facilities.
~Cround Floor Office and Retail
0 In certain locations in the Residential District (shovlD in the regulating plan),
ground floor office, retail or liye/vlork space is permitted and encouraged in
multi story residential buildings, in order to create a more acti'/e prescnce along
certain streets. (Liye/w{lrk units arc multi story residences ',vith a small street
facing storefront or office space for home offices.)
>- Neighborhood Open Space
A minimum area of Publicly Accessible Commons (a shared open spacej is
required in each Residential District to provide community areas for gathering,
sports, relaxing and people ,.vatching.
>- Facade Treatment
At least two (2) unique architectural treatments for each housing type are required,
for at least four (4) different facade variations. The architectural treatments must
differ in each of three categories: a) facade color, roof color or siding material; b)
window pattern and trim detail; and c) porch, entryway, or balcony detailing.
Identical buildings shall not be adjacent to or acmss the street from each other.
>- Attached Products with Shared Entries
/- '\
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Andover Station North
Design Standards
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U Porches or stoops are required where different units share entrances, such as at
apar.ment buildings.
~Buildings with Four (4) or Fewer Units
Shared entries must hll'le a porch .....eith a minimum of ten feet vlidth and a
minimmn six f-aot depth.
~Buildings with Five (5) or More Units
Shared entries mllst ha'/e either a porch of at least ten feet by ten feet or an interior
building lobby vlith generous ',vindo,,/s facing the adjacent street or commons.
. Facade Transparency
~ Front Doors
For both detached and attached products, unit entries must be clearly marked
through articulation, porehes greater massing or thickness or recessed entries.
Front doors must have a substantial, high-quality appearance. Plain, flat doors are
0 prohibited; raised panel doors are required. Doors must have clear glass panes or
generous adjacent windows, in order to allow occupants to look out before
opening the door and to strengthen the relationship between the private residence
and the public street.
. Building Scale and Defmition
Articulation
~ All Residential Products
The front facade of all residential buildings must be articulated ..lith porches, bay
.....indows or balcomes for that Dortion of the buildin~ that face~ the adjacent
street, park or open space. No wall shall have a blank, uninterrupted appearance
exceeding 20 feet in width without a window, recessed panel, lattice, trellis,
change in texture or plan, or equivalent treatment. To insure visual interest and
appropriate scale, windows, doors and eaves must have reveals and recesses.
~ Attached Products
The front facades of attached products shall read as a series of distinct vertical
building forms or bays along a street wall. The overall composition of the main
0
Andover Station North
Design Standards
March ], 2005
- 26-
/ -\ building shall highlight proportion and rhythm among a series of bays and the
'..,.J overall building mass. Pilasters, columns, reveals, fenestration and other details
may be used to achieve this effect. The corners of the attached buildings must be
mMked '.'lith str-ong elements such as vertical piers, extra height (such as a tower),
greater massing (thickness, planM orientation, or material change) or diffcrent
roofform (pitched or flat).
. Materials and Methods of Construction
~ Materials
New buildings shall support regional traditions and maintain a level of craft in the
process of construction. Exterior finishes shall be primarily of wood, brick or
stone.
~ Application
To avoid an applied look, material changes must not occur at external corners, but
may occur at reverse or interior corners or as a return at least six feet from
external corners. Scored plywood's (such as T I-II) is not permitted.
~ Side Elevations at Corner Lots
:J
The street-side elevation of any residence located at a street corner or siding onto
open space or publicly accessible commons (including single-family, attached and
multi-family units) must have the same materials, finishes and level of detail as
the front elevation, with multiple windows.
~ Service and Loading Area Screening
Large apartment buildings and assisted li'/ing facilities often contain service areas
or loading docks. Screening of such areas shall meet the same requirements as
described in the section on Service Areas.
. Publicly-Accessible Commons
~ Minimum Area
Each residential area must include a minimum acreage of Publicly Accessible
Commons open space equal to ten percent of the land area. The Commons Me a
landscaped Mea similM to a park or open space and may be public or privately
o'.'med but must be accessible to the general public. No more than 5,000 square
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Andover Station North
Design Standards
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r , fcet may bc met by a priyate community recrcation facility structure such as a pool
~J or e\ubhousc.
SECTION 3
ARCHITECTURAL AND SITE REVIEW
3.01 Review The EDA shall review all construction, additions and exterior modifications
for conceptual adherence to the provisions of this document. The ARC shall approve the final
design and plans of all site, architectural, tree protection, landscape, luminary, sign, utility, and
grading, drainage and erosion control plan, under the stipulations set forth in this document and
the ordinances and policies of the City of Andover.
3.02 Approval Upon approval by the ARC of any plans and specifications and other
submissions submitted hereafter, a copy of such plans and specifications, as approved, shall be
deposited for permanent record with the City of Andover, and a copy of such plans and
specifications bearing such approval, in writing, shall be returned to the applicant who submitted
the same.
A) Approval Whenever approval of ARC is required, the ARC shall take action within
thirty (30) days after receipt of the request and all plans, specifications or other
documents required to be submitted for approval. If not approved, specified written
0 objections shall be mailed or delivered to the applicant within thirty (30) days. All
requests for approval or applications for variance of the conditions contained herein
shall be submitted, in writing by certified mail to the ARC at:
Andover Review Committee
Andover City Hall
1685 Crosstown Blvd. NW
Andover, MN 55304
Final approval of any variances to these design standards shall be submitted to the
EDA for approval or denial.
B) Construction Without Approval If the exterior of any structure is altered, erected,
placed or maintained upon any lot without the approval of the ARC, such action is in
violation of this Section 3 and, upon written notice from an Owner or the ARC, any
structures altered, erected, placed or maintained upon any Lot in violation hereof shall
be removed by the Owner or re-altered so as to extinguish such violation. The Owner
of the Lot upon which such violations exists shall have fifteen (IS) days after the
notice of such violation to take reasonable steps toward the removal or termination of
the same. If such Owner fails to take reasonable steps to eliminate the violation, the
City of Andover, in addition to any right available at law or in equity, including
injunctive relief shall have the right to enter upon such Lot and remove or terminate
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Andover Station North
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. r --, the violation. The Owner shall be assessed a violation assessment equal to the cost of
"J correcting the violation plus ten percent <10%) of such host as an overhead charge.
3.03 Disapproval Plans and specifications submitted pursuant to Section 3 shall be
disapproved if they fail to include any and all information requested by the ARC. The ARC may
also disapprove such plans and specifications if any of the following are objectionable:
A) The exterior design, appearance, or materials of any proposed structure.
B) The location of any proposed structure upon any Lot or parcel or with reference to
other lots in the vicinity.
C) The grading plan of any Lot or parcel.
D) The color scheme, finish, proportions, style or architecture, height, bulk, or
appropriateness of any structure.
E) Number of and size of parking spaces, vehicular circulation patterns or design or
location of parking areas proposed for any lot or parcel.
F) The landscaping and/or signing and lighting plan for any Lot or parcel.
0 G) Violation of Andover City Ordinances.
The EDA shall also have the right to disapprove any plans and specifications which, in
the reasonable judgment of the EDA, would render the proposed structure or use inhannonious
with the general plan of improvement of the property or with structures located upon the Lots,
parcels or other properties in the vicinity.
In any case where the EDA disapproves any plans and specifications or other submissions
submitted pursuant to Section 3.03, such disapproval shall be accompanied by a statement stating
with specificity the grounds upon which such action was based.
3.04 Restrictions on Construction and Alteration No structures may be erected,
placed, moved onto, or permitted to remain on any Lot or parcel, nor shall any existing structure
upon any Lot or parcel be altered in any way which materially changes the exterior appearance
thereof, unless:
A) The plans and specifications therefore meet, in form and content, the requirements of
the City of Andover and any other local, state, federal, or other governmental agency
of authority.
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Andover Station North
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f \ B) Such plans and specifications have been submitted and approved to the ARC together
"J with any other information or other submissions, which the ARC may require in its
reasonable discretion.
C) All submissions shall have been approved in writing by the ARC. Plans and
specifications submitted pursuant to this section shall conform to the requirements of
Commercial Site Plan application of the City of Andover and contain all information
required by the ARC.
3.05 Development Guidelines The EDA may from time to time adopt guidelines for
approval and disapproval of proposed improvements or alterations and the maintenance of them;
and, in the event such guidelines are adopted, shall make them available to all owners.
SECTION 4
ENFORCEMENT
4.01 Termination Each of the conditions, restrictions and reservations contained
herein shall continue and inure to the benefit of City of Andover, and its assigHS (as limited
herein), for a period of 20 years from the date of filing f-or record and shall be automatically
extended in their entirety for successive periods of ten years unless City of l\ndover executes,
aclcnowledgcs and files for record an appropriate instrument, in writing, terminating and
0 releasing the requirements of this Declaration.
4.02 Enforeement Proeedures The standards set forth herein shall be enforceable by the
City of Andover, and its assigns (as limited herein), f-or the maximum period allovled by la',',' and
shall be enforceable by:
l.) Injunctiye relief, prohibitive or mandatory to preyent breach of or to enforce
perf-ormance or observance of these standards and requirements.
B) Money judgments for damages by reason OJ." the breach onaese standards.
C) Both I) and 2) aboTle.
4.03 Failure of Enforeement Failure of the City of AndoTler to enforce any proTlision of
the standards and requirements contained herein upon the yiolation thereof shall in no eTlent be
deemed to be a TNaiyer of the rights to do as to any subsequent violation.
4.04 Varianees The EDl. may grant yarianees from the striet application of the proyision
of these standards and requirements in eases ',','here by reason of extraordinary and execptional
conditions of any site or circumstances, strict application of any standard T,','ould result in peculiar
and practieal diffieulties or exeeptional or undue hardship upon the O',','ner or any Building Site,
or ',','here otherv.'ise deemed appropriate by the EDA.
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Design Standards
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,,- -"
\_J 4.05 Severability Inyalidation of any of the pm'lisions of these standards and
requirements, whether by cowt order or otherwise, shall in no ','iilY affect any of the other
provisions ',',mch shall remain in full foree and effect.
4.06 Re',iew In exercising its appro'/al rights under the terms of these Design Standards,
no appro',al shall be unreasonably vlithheld 'shich is consistent '.'lith the specifie standard5 set
forth herein.
4.07 .A~meBdmeBts Amendments, modifications, alterations to this document shall be
subject to the reyiew and approval of the EDA at a public hearing. All pmperty OVl'Hers within
the Property shall be gi'/en written notification no less than ten (10) daY5 prior to the public
hearing. fill instrument executed in accordance ',yith this Section shall be effecth'e when filed for
recording ....lith the .^illoka County Recorder's Office.
SECTION S4
MISCELLANEOUS
S 4.01 Mortgagees The provisions of these Design Standards shall be subordinate to the
line of a first mortgage on any lot and none of the provisions shall supersede or in any way
reduce the security or affect the validity of any such mortgage; provided however, that if any lot
('--.,\ is sold under a foreclosure of any such mortgage, the purchaser and the purchaser's heirs,
:J successors and assigns, shall own such lot, subject to all of the conditions and restrictions of
these Design Standards.
S 4.02 Special Events The provisions of these Design Standards do not apply to and do
not prohibit periodic, non-permanent business promotions and special sales events conducted on
a lot by the owner or occupant. In no event shall any sign be placed on any lot or parcel ofland
for a period to exceed thirty (30) days out of a twelve (12) month period.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first
set forth above.
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
By By
Chairman Executive Director
STATE OF MINNESOTA )
) ss.
COUNTYOFANOKA )
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Andover Station North
Design Standards
March 1,2005
- 31 -
/ -, On this _ day of , 2005, before me, a Notary Public, personally appeared
\_) and to me personally known, who, being
each by me duly sworn did say that they are respectively the Chairman and Executive Director of
the Andover Economic Development Authority, a body corporate and political, the Municipal
Corporation named in the foregoing instrument, and the seal affixed to said instrument is the
corporate seal of said Municipal Corporation, and the said instrument was signed and sealed on
behalf of said Municipal Corporation by authority of the Andover Economic Development
Authority and said and acknowledged
said instrument to be the free act and deed of said Municipal Corporation.
Notary Public
PROPERTY OWNER
By
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
C) On this _ day of , 2005, before me, a Notary Public, personally appeared
to me personally known; who, being by me duly sworn did say that he is
the Property Owner, named in the foregoing instrument.
Notary Public
/ '\
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Design Standards
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- 32-
/- -" EXHIBIT A
(__J
LEGAL DESCRIPTION
Lots 1,2,3,4,5, Block I and
Lot I, Block 2 and
Lots 1,2,3, Block 3
Andover Station North, Anoka County, Minnesota.
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~ ""-
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Andover Station North
Design Standards
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- 33-
r "- EXHIBIT C
I. . I
-'
MATERIALS P ALA TIE
Construction Materials/visual-color/texture.
Walls: Masonry & Brick
BRICK:
Dark: Adrian - Heartland Series
(Glen-Gery Brick)
Medium: # I Shelby - Heartland Series
(Glen-Gery)
#2 Belcrest 560A 00-17
(Belden)
Lite: Belcrest 330A 99-16
(Belden)
r' Corning Donohue Brick St. P.
. )
'---
SPLIT FACE C.B.
Anchor Block
Lite: Parchment #300
Medium: Majove #287
Dark: Hickory #538
Accent Panels, Focus, Signs
Stucco, EFIS or painted ~ Ref: Stocolor system colors
Windows: Glass - no reflective (mirrored)
ability to see in
Frames - Natural alum. andodized
Bronze alum. Andodized - need samples
, \
'..J J
Andover Station North
Design Standards
March 1,2005
- 35-