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Home My WebLink AboutEDA March 15, 2005 ,. \ _/ 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 15,2005 6:45 p.m. Conference Room A & B AGENDA 1. Call to Order 2. Approval of Minutes - March 1,2005 Consent Al!:enda ) 3. Approve Andover Station North Design Standards (continued) - Planning 4. Approve Andover Station North DCCR Document - Planning Discussion Items 5. Review Purchase Agreements - Planning a. Tramm Builders b. Michael Casey 6. Review Letters of Intent - Play Ventures, Oppidan - Planning 7. Update Andover Station North Land Exchange - Planning 8. Other Business 9. Adjourn Note: The meeting will be continued to the end of the regular City Council meeting of March 15, 2005, if there is not time to act on all the items. J \ / "- ) \ / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Economic Department Authority Inn Diokinoon. Exocutive Direotu~ Vicki V olk, City Clerk Approval of Minutes March 15,2005 INTRODUCTION The following minutes were provided by city staff for approval by the EDA: March 1,2005 DISCUSSION Regular Meeting (Jacobson, Nowak, Schultz absent) Attached is a copy of the minutes for your approval. ACTION REQUIRED The EDA is requested to approve the minutes of March 1,2005. Respectfully submitted, f.LL' ()~ Vicki V olk City Clerk o '\ , ~ DRAFT ECONOMIC DEVELOPMENT AUTHORITY MEETING - MARCH 1,2005 MINUTES A meeting of the Andover Economic Development Authority was called to order by President Mike Gamache at 6:07 p.m., Tuesday, March 1,2005 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Also Present: Ken Orttel, Mike Knight, Julie Trude Don Jacobson, Robert Nowak, Ed Schultz (Advisor to the EDA) Jim Dickinson, Executive Director Will Neumeister, Community Development Director Dave Berkowitz, City Engineer Bill Hawkins, City Attorney Others Commissioners Present: Commissioners Absent: Approval of Minutes / " , ) Motion by Knight, seconded by Orttel to approve the minutes of February 15,2005 as written. Motion carried. Consent Agenda Item 3. Update on Potential Land Exchange/Povlitzki Item 4. Andover Station North Purchase Agreements Tramm Builders Michael Casey Commissioner Trude asked why the EDA is involved in the Povlitzki land exchange. It was explained that the EDA owns Outlot C which will be exchanged with property owned by Povlitzki. Motion by Orttel, seconded by Knight to move the consent agenda. Motion carried. Public Hearing/Bruggeman Land Sale Mr. Dickinson explained that the public hearing, required by State law, is to facilitate the Bruggeman land sale. ." Motion by Knight, seconded by Trude to open the public hearing. Motion carried. '. ./ No one addressed the EDA on this issue. \ ,~ j EDA Meeting March 1, 2005 - Minutes Page 2 Motion by Trude, seconded by Knight to close the public hearing. Motion carried. Consider Presentation/Play Ventures of Minnesota, Continued Darren Lazan, Landform Engineering, reviewed their proposal that would include a 5- court volleyball facility, a restaurant fashioned after Champs and a retail component. If this doesn't work out and closes down, the building can be converted to offices and office showrooms. Mr. Lazan noted that volleyball runs from November through May. The EDA discussed the size of the ballfields, which have been moved to the west and made larger. It was noted that the Baseball Association wants at least two legitimate baseball fields. Mr. Dickinson stated that School District #11 would allow us to put fences on at least two of their fields at the high school. The EDA discussed whether there would be enough parking for this facility plus the ballfields. Mr. Berkowitz stated that they have figured 60 stalls per ballfield and they are about 21 stalls short. -. Commissioner Orttel felt that if the EDA approves this proposal it means the City Council would have to approve a liquor license. Mr. Hawkins indicated that the project could be contingent on them getting a liquor license. <~J Mr. Dickinson asked if staff should pursue discussions with the developer for this type of facility. Commissioner Knight stated he doesn't have a problem with the concept but want to make sure that there will be two legitimate baseball ballfields. Commissioner Trude thought the restaurant is something everyone would like. Review Details of Oppidan Letter of Intent Mr. Neumeister stated that Oppidan is losing interest in doing a retail center and might cut it down to 10,000 square feet. If Oppidan only takes the back part of Lot I and a portion of Lot II they would still work with us. Commissioner Orttel noted that there are about 7 acres and asked if we had thought about breaking it into smaller parcels. Mr. Neumeister stated they have been talking about that. He explained that this item was presented only as an update and no action is required by the EDA. Approve Bruggeman Purchase Agreement Motion by Orttel, seconded by Knight to approve the Bruggeman purchase agreement. Motion carried. \ Approve Andover Station North Design Standards, ConI. , ) , / EDA Meeting March 1,2005 - Minutes Page 3 Mr. Hawkins explained that the Declaration of Covenants, Conditions and Restrictions is a document that is recorded and is the enforcement mechanism that makes sure everything gets done. A document that includes uses and standards is not something we want. The design standards are patterned after the ones for Andover Station South. Commissioner Trude noted that there is a lot of repetition in the document and would like it cleaned up. Mr. Neumeister explained that this document is needed for the closing as well as the Declaration of Covenants, Conditions and Restrictions: Commissioner Jacobson asked if adult uses could be restricted. Mr. Hawkins noted that the Supreme Court has said that we have to allow a certain amount of adult uses in the city. Ifwe start excluding areas we may face a challenge. He asked how much more area is left in the city for these uses if we exclude them from Andover Station North. The EDA discussed the size and locations of monument signs. Mr. Neumeister stated he would incorporate suggested changes in the document and it would be brought back for approval at the next EDA meeting. ,-j Motion by Orttel, seconded by Knight to adjourn. Motion carried. The meeting adjourned at 7:02 p.m. Respectfully submitted, Vicki V olk City Clerk \ ". j (!) r 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 ~ Jim Dickinson, Executive Directo~ Will Neumeister, Director of Community Development (tI~ CC: FROM: SUBJECT: Approve Andover Station North Design Standards (continued) -- Planning DATE: March 15,2005 INTRODUCTION , . ) ,- - ~ At the last four meetings (Jan 4th, 18th Feb. 15th, March 1st) 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 City Attorney. The City Attorney also 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 documents will be needed before land saleslclosings occur. The DCCR's are also on the March 15th EDA meeting for review. DISCUSSION The document also contains the changes to the allowable uses that were discussed in October. Other miscellaneous changes and recommendations to organize the document were suggested by the EDA members from the last meeting are also shown. Some discussion at the last meeting related to the height of signs for the development. The document shows that there will be a thirty foot high area identification sign allowed at two locations on Jay Street as recommended at the last meeting. ACTION REOUESTED The EDA is asked to review the document 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. It is our goal to have these approved and made a part of the purchase agreements that we are finalizing with Bruggeman Homes, Michael Casey and Kim Tramm. Respectfully submitted, Will Neumeister cd..- , j/ Attachment Andover Station North Design Standards (March 15,2005) , " , ;' ANDOVER STATION NORTH '. , / DESIGN STANDARDS March 15, 2005 , '. ) TABLE OF CONTENTS ~- ) PREAMBLE.. .................... ...... ...... ... ...... .... ... ... ...... ...... ... ..... ... ... ... ...... Page 1 , I , / 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......................................................................... 1 1.05 Lots..................................................................................... 1 1.06 Property................................................................................ 2 1.07 Permitted Uses.............. ............... ................ ......... ...... ........ .... 2 1.08 Community Commercial Uses ..................................................... 3 1.09 Builders Showcase Uses............................................................ 3 1.10 Office Uses.. .. .. . .. . .. . .. . .. . .. .. .. . .. .. . .. . . .. .. . .. . . .. .. .. .. .. . .. . .. . .. . .... . .. .. .. 3 1.11 Office/W arehouse Uses. .. . .. .. .. .. .. .. .. . .. .. .. ... .. . .. .. .. . .. .. . .. . .. . .. .. . .. .. . .. 3 1.12 Entertainment Uses.................................................................. 3 1.13 Residential Areas. . . .. .. .. . .. .. .. . .. . .. . . .. .. . .. . .. .. . .. . . .. . .. . . .. .. .. . . .. .. .. .. . ... 4 1.14 Excluded Uses.......... ..................... ................. ....................... 4 SECTION 2 - PROJECT DESIGN STANDARDS......................................... 4 2.01 Site Plan........... ...... ....................... ............... ............. ........... 4 2.02 Landscaping........................................................................... 6 2.03 Architectural Standards............................................................. 6 2.04 Parking Loading and Unloading Areas........................................... 9 2.05 Exterior Lighting............................ ............................ ........ ..... 9 2.06 Signage.. ...... .................................... .............................. ...... 11 2.07 Minimum Standards.................................................... 14 2.08 Maintenance, Alterations, Construction, Noxious Activities,Temporary Structures.... 15 2.09 Residential Design Standards..................................................... 16 SECTION 3 - ARCHITECTURAL AND SITE REVIEW............................... 17 3.01 Review........ ................. ............... ................................ ........ 17 3.02 Approval.... ....... ............................................ .................. ..... 17 3.03 Disapproval.. ................. ............... ......... ...................... ......... 18 3.04 Restrictions on Construction and Alteration.................................... 19 3.05 Development Guidelines................................................... 19 SECTION 4 - MISCELLANEOUS........................................................... 20 4.01 Mortgages... ...... ... ...... ... ............ ... ... ...... ... ... ... ...... ... ... .......... 20 4.02 Special Events....................................................................... 21 EXHIBIT A - LEGAL DESCRIPTION..................................................... 22 EXHIBIT B - MATERIALS PALATTE .................................................... 23 " .~ , '- / DESIGN STANDARDS FOR ANDOVER STATION NORTH This Resolution is made as of 15th day of March, 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 ofthe 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, quidelines to the development of all property in Andover Station North. SECTION 1 DEFINITIONS J 1.01 "Andover Review Committee "(the "ARC") shall be the authority charged with project review and shall consist of representatives from the City of Andover Departments as defined by City Ordinance. 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 (ED A). 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. 1.05 "Lot" shall mean a portion of the Property identified as a lot on a subdivision plat prepared in accordance with Minnesota Statutes, Chapter 505, and filed for recording in the Anoka County Recorder's Office. -...~ .Ii Andover Station North Design Standards March 15, 2005 - I - 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 on Exhibit A. , / 1.07 "Permitted Uses" shall mean the permitted uses of the Property be limited to community commercial, office, entertainment, builder's showcase, office warehouse and residential as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Economic Development Authority shall make that interpretation. 1.08 "Community Commercial" shall mean the establishments engaged in commercial operations including retail trade and services and hospitality industries. These uses shall include the following: \ / . Apparel and Clothing . Book Store . Food and Grocery Stores . Leather Goods . Photography Studio . Sporting Goods . Antiques . Bakeries . Carpets & Rugs . China & Glassware . Department Stores . Furniture . Hobby Shops . Interior Decorating . Locksmith Shop . Office Supply & Equipment . Pharmaceutical . Tailoring . Toys . Video Store Rental & Sales . Lighting Studios . Car Wash . Barber and Beauty Shop . Florist . Jewelry Store . Music Store . Optometrist . Restaurants . Bicycles . Candy . Catering Establishments . Clothing & Costume Rental . Electrical Sales & Repair . Gifts · Household Appliances . Laundry & Dry Cleaning Pickup . Luggage · Paint & Wallpaper Sales . Restaurants . Tobacco . Variety Stores · Liquor Store Sales - Off-Sale 1.09 "Builders Showcase" shall mean uses related to the home building industry, these shall include: . Home and Office Electronics . Cabinet Shops " ) . Drywall Companies · Contractors Offices Andover Station North Design Standards March 15,2005 - 2 - , ) . Interior Decorating Supplies and Services . Other similar home building related uses provided all materials and goods are stored inside. . Building Supply (Provided all materials are stored inside) . Garden Centers (Bulk goods must be adequately screened) . Window/Garage Door Sales (Provided all materials are stored inside) . Household Appliances Fixtures, Central Vacuums . Indoor Showroom and 1.10 "Office Uses" shall mean establishments engaged in strictly office operations not requiring loading or warehousing facilities, these shall include: . Scientific and Technology Industries . Office and Administrative Facilities . Financial Institutions . Conference Centers . Health and Dental Care Facilities . Hotels and Motels . Day Care Facilities . Veterinary Hospital , ,~ / 1.11 "Office\Warehouse Uses" shall mean 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. These shall include: . Indoor limited retail sales accessory to office\limited manufacturing uses . Scientific and Technology Industries . Indoor Showroom . OfficelShowroom . Office and Administrative Facilities 1.12 "Entertainment Uses" shall mean establishments engaged in the providing entertainment, these shall include the following: . Theatres . Restaurants . Health Club . Private Clubs, Lodges, Halls or Convention Centers . Indoor Commercial Recreation "- ,) Andover Station North Design Standards March 15, 2005 - 3 - , '. 1.13 "Residential Areas" shall be allowed on lots 3 & 4, block 1, Andover Station North. \ / 1.14 "Excluded Uses" shall mean the following uses and activities are prohibited within the Property: · Contractors Yards · 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 , , , '--__..J 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, officelshowroom, entertainment, housing, recreation, community facilities, and open space. The Andover Station North Design Standards are intended to encourage creative application of specific design principles to the Property. 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 Minimum Standards 2.08 Residential Design Standards 2.01 Site Plan - Each site plan submitted within the Property shall be reviewed to be in substantial compliance with the following: A. Site Planning to Preserve Natural Assets-While the network of required streets is fixed, many site decisions remain for other streets and for buildings. B. Views and Vistas-Site planning shall recognize the role that street alignment and topography contribute to visual prominence. ) Andover Station North Design Standards March 15,2005 -4- " C. 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, retaining walls shall not exceed five (5) feet in height. , j D. 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 obstruct views. E. Connecting Walkways-Connecting walkways must meet the following minImum requirements: F. 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. G. , \ , ) H. Paving-At strategic locations, connecting walkways must be paved with a special paving or concrete in a pattern or color that contrasts with the surrounding pavement to 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. I. Lighting-Connecting walkways must be equipped with lighting. J. Screening of Service, Waste Facilities and Storage 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. 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. 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 \ j , Andover Station North Design Standards March 15, 2005 -5- \ \. j include secure lids or covers to properly contain wastes. All enclosures must be accessible to waste and recycling collection vehicles. K. 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, or that interfere with the operations of other owners in the Property are not permitted. 2.02 Landscaping A. 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, maintained and landscaped with trees and shrubs so as to provide a park-like setting and to screen parking areas. , B. 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. '- / C. 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. D. The approved plan for landscaping a building site may not be altered substantially without submitting a revised plan to the EDA for approval. E. For parking lots, a minimum number of shade trees are required, equivalent to one tree per 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-ten requirement for parking lots. Trees must be set into a landscaped island or placed around the perimeter of the parking lot. 2.03 Architectural Standards (Commercial, Industrial, Office Showroom Buildings) '\ ) Andover Station North Design Standards March 15, 2005 -6- \ \. _J B. 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 accentuate entries in the form of tower elements, tall openings, or a central mass at an entry plaza. C. Reveals-Windows and doors must be recessed at least two inches from walls or exterior trim to create shadow for visual interest. D. Building Scale and Definition-The guidelines in this section are intended to create buildings with a human scale, making Andover Station North a more pedestrian- friendly and a pleasant place to walk. '. " / 1. 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. 2. Roof FormlRooftop Equipment-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. Equipment boxes must be adequately screened. 3. 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. E. Buildings 1. 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. '. , / Andover Station North Design Standards March 15, 2005 -7- c' '\ '- ./ 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 ARC. 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. . \ J 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. See recommended materials palette, Exhibit B. (Samples available at Andover Community Development Office). Other materials may be approved by the ARC and EDA if determined to be in conformance with existing design and character of the Property. "- -~ 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. J. 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. Review and approval of building materials by EDA. L. 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. \ ~ Andover Station North Design Standards March 15, 2005 - 8 - , Continuous parapets or false fronts and peaked or sloped roofs do qualify towards meeting the minimum height. . -' M. Maximum Height - In all locations, the maximum allowable building height is 45 feet, measured at the tallest part of the building. N. 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 ofthe length of a building's facade. 2.04 Parking Loading and Unloading Areas A. 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 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. . , "J B. 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. C. 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 parking lots. D. Joint parking arrangements between facilities shall be encouraged. 2.05 Exterior Lighting - The following standards apply to on-site lighting, including lighting of signs, structures, landscaping, plazas, parking and service areas. A. Intensity and Direction of Lighting \ / 1. 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. Andover Station North Design Standards March 15, 2005 -9- , / 2. 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. 3. No mercury vapor utility yard lights or other light fixtures with high intensity discharge lamps or bulbs, which are not designed to limit or controllight direction or which do not shield the light source from view of neighboring residential properties, shall be permitted. B. Lamp Color and Consistency -The lighting allowed in Andover Station North shall be approved by ARC. C. Types of Lighting Applications 1. Architectural - Accent lighting of architectural features is encouraged to highlight building massing and rhythm as well as enhance the pedestrian environment. Accent 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: \ , ) A. 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. B. 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. C. 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. D. 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. E. 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 twenty (20) feet or four (4) feet in height, respectively. ) Andover Station North Design Standards March 15,2005 - 10- \ '- / F. 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 ARC. Each owner/tenant will be responsible for the design, fabrication, and installation of lights on private property. 2.06 Signage A. 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. 1. Sign Construction - Attractive and long-lasting signage shall be encouraged through the following provisions: \ / A. 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. B. 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 ofthe ARC. The ARC shall detennine appropriateness based upon size, scale, colors, materials, and compatibility with neighboring signs and structures within the property. C. All signs must meet the requirements of the City of Andover, including pennits prior to erection. D. Signs are to be free of all labels and fabricator's advertising, except for those required by code. E. All electrical signs and their installation must comply with all local building and electrical codes. F. All electrical service to sign lights shall be fully concealed. No sign shall have exposed wiring, raceways, ballasts, conduit or transfonners. G. All exterior, mounted letters exposed to the weather shall be mounted at least three-quarters of an inch (3/4") from the building wall to pennit 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 pennitted. H. Owners/Occupant shall be fully responsible for the operations of their Sign contractor. I. All sign illumination systems shall mmlmlze the energy needed by utilizing contemporary energy saving techniques and materials. . , \ ,~ Andover Station North Design Standards March 15, 2005 - 11 - , \ / , \ P. "~ Q. R. S. T. '. / J. 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. K. Wall-mounted signs must be constructed of cut-channel letters. L. Wall-mounted signs may not project more than eight (8) inches from face of structure to which the sign is attached. M. Freestanding monument signs shall be integrated with landscaping or an architectural feature such as a wall or fence to minimize visual mass, and signs for an individual property shall not exceed fifteen (15) feet in height. N. Two area identification/multi-tenant signs shall be allowed (one at each end of Jay Street), up to twenty-five (25) feet in height and its allowable area shall conform to the City sign code. If a sign were to exceed 25 feet in height or the size allowed by code, it shall need approval by Andover EDA and will require approval of a variance by the City Council. 2. The ARC shall review all signs for approval. The following criteria shall be used to evaluate sign appropriateness: O. 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. Plastic, plexi-glass, clear plex or similar material signs and awnings are prohibited unless used in conjunction with other decorative materials. Signs may be painted, prefinished or utilize exposed metal. Any exposed metal shall be stainless steel, titanium, bronze, or other similar non-corrosive materials. Consistency in signage shall relate to color, size, materials and heights. All signs must meet the requirements of the City of Andover, including receipt of permits prior to erection. All signs shall be reviewed by the Andover Review Committee (ARC) 3. Prohibited Signs - The following signs are prohibited: A. No tenant signs will be permitted which do not directly relate to the name or primary service or function of the given tenant activity. B. Signs consisting of visible moving parts or simulate movement by means of fluttering, rotating or reflecting devices. C. 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. D. Individual commercial signs placed on public property. E. Signs projecting into the street, with the exception of traffic control signage, temporary banners mounted to light standards and pedestrian-oriented signs. Andover Station North Design Standards March 15,2005 - 12 - \ '- ~ F. 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. G. Bench signs. H. Billboards. I. Pylon signs are prohibited J. Roof-mounted signs. K. Canister signs. L. Signs that project above a parapet or the highest point of a roof. M. Hand-painted wall or ground signs of a permanent nature. N. Signs attached to or painted on windows with the exception of open hours slgnage. 4. 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 of twenty-four (24) inches. / 5. 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 openings. Building signs serve several purposes and may take several formats. 6. Building Sign Purposes 1. 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 ofthe building or over major entrances. 2. Signs for individual ground-level tenants. 3. 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. 4. Additional minor, pedestrian-oriented signage for individual tenants. 7. Building Sign Formats , ) ,--./ Andover Station North Design Standards March 15,2005 - 13- \ , / A. 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. B. Projecting or hanging signs are panels perpendicular to and projecting from a fac;:ade 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. C. 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. 8. Monument Signage- Monument signs shall not exceed fifteen (15) feet in height with Area Identification signs allowed up to twenty-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. 9. Other Signage ) 10. 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. 11. Occupant's Property A. 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: 1. 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). 2. No temporary sign shall be located in a manner not permitted for permanent SIgnS. 3. Temporary signs may remain in place for a period not to exceed sixty-days after the date of installation of the sign. \ 'J 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 Andover Station North Design Standards March 15, 2005 - 14 - '\ ) , ) \ "~_/ 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. 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. 2.08 Maintenance, Alterations, Construction, Noxious Activities, Temporary Structures - Common Site Maintenance Responsibilities - The Andover Station North Owners Association shall control the maintenance of all 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. 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 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. A. Alterations - Alterations must be approved by the Andover EDA and have ARC review of site and building alterations for conformity to these design standards. B. 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. Andover Station North Design Standards March 15, 2005 - 15 - " , ) C. 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. D. 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. 2.09 Residential Design Standards A . Allowable Uses ) I. Housing-Residential Districts permit housing types at a medium density. 2. Neighborhood Open Space-A minimum area of open space is required in the Residential area to provide community areas for gathering. 3. 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. 4. Attached Products with Shared Entries-Porches or stoops are required where different units share entrances. B. Facade Transparency 1. Front Doors - For both detached and attached products, unit entries must be clearly marked through articulation or recessed entries. Front doors must have a substantial, high-quality appearance. Plain, flat doors are 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. C. Building Scale, Definition, Articulation '. ) Andover Station North Design Standards March 15, 2005 - 16- / 1. All Residential Products-The front facade of all residential buildings must be articulated for that portion of the building that faces the adjacent street. 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. 2. 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 building shall highlight proportion and rhythm among a series of bays and the overall building mass. Pilasters, columns, reveals, fenestration and other details may be used to achieve this effect. D. Materials and Methods of Construction , J / 1. 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. 2. Application-To avoid an applied look, material changes must not occur at external comers, but may occur at reverse or interior comers or as a return at least six feet from external comers. Scored plywood's (such as T 1-11) is not permitted. 3. Side Elevations at Comer Lots-The street-side elevation of any residence located at a street comer 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 buildings often contain service areas or loading docks. Screening of such areas shall meet the same requirements as described in the section on Service Areas. 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. \, '- / Andover Station North Design Standards March 15, 2005 - 17 - / 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 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 (15) 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 the violation. The Owner shall be assessed a violation assessment equal to the cost of 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. , \-/ Andover Station North Design Standards March 15, 2005 - 18 - \ ) .' 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. 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 inharmonious 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: '.J 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. B) Such plans and specifications have been submitted and approved to the ARC together with any other information or other submissions, which the ARC may require in its reasonable discretion. C) All submissions shall have been approved in wntmg 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 MISCELLANEOUS 4.01 Mortgagees - The provisions of these Design Standards shall be subordinate to the line ofa first mortgage on any lot and none of the provisions shall supersede or in any way reduce the / Andover Station North Design Standards March 15,2005 - 19 - \ , ~J , \ , ) . , ',_/ 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, successors and assigns, shall own such lot, subject to all of the conditions and restrictions of these Design Standards. 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 of land 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 Executive Director Chairman ST ATE OF MINNESOTA ) ) COUNTYOFANOKA ) . ss. 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. Andover Station North Design Standards March 15, 2005 - 20- '\ \._~ \. J '. \ ) COUNTY OF ANOKA ) 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 Andover Station North Design Standards March 15, 2005 - 21 - \ EXHffiIT A '- _J LEGAL DESCRIPTION Lots 1,2,3,4,5, Block 1 and Lot 1, Block 2 and Lots 1,2,3,4,5, Block 3 Andover Station North, Anoka County, Minnesota. \ , J '. / Andover Station North Design Standards March 15,2005 - 22- , '\ EXHIBIT B , ' , J MATERIALS PALATTE (Commercial, Industrial, Office Showroom Buildings) Construction Materials/visual-color/texture. Walls: Masonry & Brick BRICK: Dark: Adrian - Heartland Series (Glen-Gery Brick) Medium: # 1 Shelby - Heartland Series (Glen-Gery) #2 Belcrest 560A 00-17 (Belden) Lite: Belcrest 330A 99-16 (Belden) '\ Coming Donohue Brick St. P. , , , SPLIT FACE C.B. Anchor Block Lite: Medium: Parchment #300 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 '. Andover Station North Design Standards March 15, 2005 - 23- (i) \ J _J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US cc: EDA President and Board Jim Die"",,on, Exoeutive Directo~ Will Neumeister, Director of Community Development tv L TO: FROM: SUBJECT: Approve Andover Station North DCCR's -- Planning DATE: March 15,2005 INTRODUCTION The City Attorney also indicated the need for a "Declaration of Covenants, Conditions and Restrictions" (DCCRs') in conjunction with the Andover Station North Design Standards. The adoption of both of these documents will be needed before land sales/closings occur. \ \. J DISCUSSION The document is recorded and becomes the governing document that controls maintenance and defines how the association will maintain the Common Areas and Association Maintenance Areas" throughout the development. ACTION REQUESTED The EDA is asked to review and approve the document (DCCR's). It is our goal to have these approved and made a part of the purchase agreements that we are finalizing with Bruggeman Homes, Michael Casey and Kim Trarnm. Respectfully submitted, tv=i- Will Neumeister Attachment Andover Station North Design Standards (March 15,2005) " / '\ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITH EASEMENTS THIS DECLARATION ("Declaration") is made as of the day of , by the Andover Economic Development Authority, a body corporate and politic, hereinafter referred to as "Declarant", and by the Andover Station North Owners Association, a Minnesota non-profit corporation, hereinafter referred to as the . " ,~_) "Association". WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the City of Andover, Anoka County, Minnesota (referred to as the "Property" and further defined below). WHEREAS, Declarant had desired to create a community of compatible and complimentary commercial, residential and office buildings for the benefit of the owners and to protect the value and desirability of the Property's development; and WHERAS, it appears that the Property has and is likely to be developed primarily for commercial, retail and service uses; and WHERAS, Declarant has deemed it desirable for the preservation of the Property and for the assurance of consistent quality and architectural design to establish certain restrictions and covenants as to how the Property may be developed; and WHERAS, Declarant intends that certain of the covenants and restrictions of the Declaration are to be administered and enforced by the Andover Station North Owners Association (the "Association"), which was created by Declarant for the purposes expressed in the Articles of Incorporation for the Association; and " \ I NOW, THEREFORE, Declarant hereby declares that all of the Property, shall be held, 1 , \ '_ ) sold, and conveyed subject to the following restrictions, covenants, conditions and easements which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title, interest in the Property or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1.1 Defined Terms The following words, when used in this Declaration (with initial capital letters) shall (unless the context shall prohibit) have the following meanings: \ ) \ "- ) a. "ANDOVER STATION NORTH" shall mean all of the real property (including any further subdivision and/or platting thereof) and which is also referred to as the "Property". b. "ANDOVER STATION NORTH DESIGN STANDARDS" shall mean those design standards adopted by the Andover Economic Development Authority (the "EDA") and certified to be true and correct by the Executive Director of the EDA as of and on file in the offices of the EDA, including such subsequent amendments thereto adopted by the EDA and approved by the Association. c. "ASSOCIATION" shall mean and refer to the Andover Station North Owners Association, a non-profit corporation created by Declarant under the laws of the State of Minnesota for the purposes of maintaining the Association Maintenance Areas and Association Improvements as set forth herein and for the purpose of administering and enforcing, on behalf of the Owners, the covenants, conditions and restrictions contained in this Declaration. d. "ASSOCIATION IMPROVEMENTS" shall mean all improvements within the Association Maintenance Area (including furnishings and equipment related thereto), including all trail and sidewalk improvements; all private streets, including all paved surfaces, curbs, gutters, directional signage and related street improvements; street lighting and lamps; (which shall include annual operation and maintenance costs, including power); irrigation systems (including the water lines servicing such systems), landscaping of individual sites and landscaping within the right-of-way (i.e. plantings and grass areas), retaining walls, fences, streetscaping, trees and shrubs; any monument or other signage generally designating the Property as "Andover Station North" (but not sign panels specifically reserved for the use of certain Owners or tenants of Owners within the Property), all utility lines and equipment servicing the Association Improvements or the Association Maintenance Area and all other pertinent improvements constructed thereon. 2 \ j e. "ASSOCIATION MAINTENANCE AREA" shall mean (i) all of the Common Property and (ii) the private streets within the Property; and (iii) and pond areas. f. "BOARD OF DIRECTORS" shall mean the governing board of directors of the Association as set forth in Section 5.4 below. g. "BUILDING" shall mean and refer to any building located on a Lot and designated and intended for use and occupancy for commercial, retail, or service purposes and including any accessory building which may be adjacent to or within such building. h. "COMMON EXPENSES" shall mean and include (i) all expenses approved or incurred by the Board of Directors, or by officers as directed by the Board of the Association, pursuant to authority granted by the Governing Documents, in the performance of their powers and duties; (ii) those items identified as Common Expenses in this Declaration; and (iii) any assessments made' again the Association pursuant to Section 6.10 below. 1. "COMMON PROPERTY" shall mean and refer to all real property rights, including, but not limited to fee simple ownership rights and beneficial interests in and to easements, which are owned by or run to the benefit of the Association, including but not limited to easements, licenses or other rights of entry over those streets that are publicly dedicated or owned. All Common Property shall be for the common use and enjoyment of the Owners. Common Property shall also be deemed to include all Association Improvements within the Common Property. ,- ~\ ,~ J. "DECLARANT" shall mean and refer to Andover Economic Development Authority, its successors and assigns, if such successors and assigns should acquire any undeveloped portions of the Property from the Declarant for the purpose of Development or by virtue of foreclosure of a mortgage or by any transfer in lieu thereof. Declarant acknowledges it has no rights under this Declaration other than as an Owner of Property, which are the same as any other Owner of Property. k. "FIRST MORTGAGE" shall mean and refer to any person named as a mortgage against a Lot, which mortgage is first in priority upon foreclosure to all other mortgages against said Lot, or any successors in interest to such person under said mortgage or any rights arising therefrom. 1. "GOVERNING DOCUMENTS" shall mean and refer to this Declaration, the Articles of Incorporation and Bylaws of the Association, and to the Andover Station North Design Standards, as amended and supplemented from time to time, all of which shall govern the use and operation of the Property. \ , ~ m. "LONG-TERM OCCUPANT" shall mean any Occupant that has the right to 3 '\ I / , '\ '-) ,) occupy an entire portion of a Lot pursuant to a written occupancy agreement having an initial term of twenty (20) years or more and who has registered as a Long-Term Occupant with the Association pursuant to Section 11.2. n. "LOT" shall mean and refer to any platted plot of land within Andover Station North (or any further subdivision or replat of the same), including any platted outlots. o. "MEMBER" shall mean and refer to members of the Association as described in this Declaration and/or in the Articles of Incorporation and Bylaws of the Association. p. "OCCUPANT" shall mean and refer to each temporary or permanent occupant of a Building constructed on a Lot, whether said occupant is an Owner, tenant or other person or entity. q. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot except that if: (i) a Lot is being sold pursuant to a contract for deed, (ii) the contract vendee is in possession of the Lot, (iii) the contract for deed provides that said vendee shall have the rights of the Owner under this Declaration, and (iv) said contract for deed has been registered with the Anoka County Registrar of Titles, then the vendee shall be deemed the "Owner" in lieu of the record owner (vendorllandlord) for all purposes under this Declaration, including membership in the Association as set forth in Section 3.1 below. r. "PERMITTEES" shall mean the tenants and Occupants of a Lot, and their respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Lot, and/or (ii) such tenants or Occupants. Persons engaged in civic, public, charitable, religious or political activities upon or at Andover Station North, including, but not limited to, the activities set forth hereinafter shall NOT be considered Permittees: a) exhibiting any placard, sign or notice; b) distributing any circular, handbill, placard or booklet; c) soliciting memberships or contributions for private, civic, religious, public, charitable or political purposes; d) parading, picketing or demonstrating; or e) failing to follow Rules and Regulations. s. "POND AREAS" shall mean all ponds, wetland areas and/or draining improvements, including all "NURP" (National Urban Run-Off Program) or storm water retention or detention ponds (including all storm drains and sewers, storm water detention and retention facilities, culverts and conduits to and from the same and all other drainage improvements and appurtenances related thereto) that are within Andover Station North or within easements affecting any portion of the Property that run in favor of the Association, the EDA and/or the City of Andover. 4 '\ " / , ,~ (' ') ,~ t. "PROPERTY" shall mean and refer collectively to all of the real property within Andover Station North and which is now submitted to the covenants, conditions, restrictions and easements set forth in this Declaration. u. "RULES AND REGULATIONS" shall mean and refer to the Rules and Regulation of the Association as may in the future be adopted from time to time by the Association pursuant to Section 5.3 hereof. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION. Section 2.1 Property. The Property, being all of the real property platted within Andover Station North is hereby submitted to all of the terms, covenants, conditions, restrictions and easements set forth in or established by this Declaration. Section 2.2 Transfer of Lots. The Lots shall be freely transferable in accordance with the applicable laws of the State of Minnesota, and the provisions of the Governing Documents, provided, that the share of an Owner in the assets of the Association, and the Owner's rights and obligations as a Member of the Association cannot be assigned, pledged, encumbered, conveyed or transferred in any manner, except as an appurtenance to its, his or her Lot. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 3.1 Membership. The qualifications of Members and the manner of their admission into the Association shall be as follows: a. Every Owner shall, solely by virtue of such ownership in a Lot, be a Member of the Association, and such membership shall automatically cease when the person is no longer an Owner of a Lot. When one or more persons is an Owner, all such persons shall be Members. b. It shall be the duty of each Owner to register the Owner's name, Lot address, the name and address of the Owner's First Mortgagee, and the nature of the Owner's interest with the Board of Directors or Secretary of the Association. If the Owner does not so register, the Association shall be under no duty to recognize the Owner's ownership for purposes relating to the operation of the Association, including voting, but such failure to register shall not relieve the Owners of the 5 " , / \. JJ Owner's obligations under the Governing Documents. c. Membership in the Association is appurtenant to ownership of a Lot, and transfers of any membership interest of any Owner may be made only in accordance with provisions of the Governing Documents. Section 3.2 Voting Rights. The Association shall have two classes of voting membership. a. Class A Members. Class A Members shall be all Owners, with exception of the Declarant. Class A members shall be entitled to one vote per acre contained within the Lot of which they are the Owner. When more than one person is an Owner of any Lot, all such persons shall be members, but the Owners of such Lot shall be collectively entitled to only one vote per acre contained within that Lot. When there is more than one Owner of a Lot, the votes for such Lot shall be cast by one person designated in writing signed by all Owners of the Lot. Such voting authority shall be valid until revoked in writing by such Owners. b. Class B Members. The Class B Member shall be the Declarant who shall be entitled to three (3) votes per acre contained within the Lot(s) owned. The Class B membership shall cease and Declarant shall then (notwithstanding provisions of paragraph 3.2a above, to the contrary) be entitled to Class A membership pursuant to paragraph 3.2a above, upon the occurrence of the earlier of the following (hereinafter called the "Conversion Date"): a. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or b. December 31, 2007. ARTICLE IV. RIGHTS AND EASEMENTS FOR USE OF COMMON PROPERTY, EASEMENTS BURDENING LOTS, USE RESTRICTIONS AND TAXES AND ASSESSMENTS Section 4.1 Rights and Easements in Common Property; Easements over Lots. 4.1.1 Subject to the provisions of Section 4.2, every Lot and all Owners (and to the extent the Owners of a Lot so subsequently delegates pursuant to Section 4.4 below, Occupants and Permittees of the Lots) shall have the following non-exclusive, appurtenant rights and easements of enjoyment over, under and upon the Corrunon Property, which are hereby imposed '\ upon the Corrunon Property: , ) 6 \ / I \. ../ a. For access, installation, maintenance, replacing and use of utilities such as sewer, water, gas, power, telephone and cable (and all related appurtenances, connections and facilities) that from time to time may be located within Corrunon Property, subject to Rules and Regulations as to accessing, constructing, working, locating and installing any such facilities and restoring of any Association Improvements damaged by the foregoing. All such utility installations, including those constituting Association Improvements, shall be placed and maintained underground (except for such parts thereof that cannot and are not intended to be placed below the surface, such as transformers and control panels). b. For the construction and installation of roads, streets, driveways, sidewalks, trails and related improvements, and the right to grade and fill existing ponds, but such easement is limited to Owners which have a development contract with the City of Andover ("City") which requires them to so perform such activities. c. For access by pedestrians or vehicles travel over streets, driveways, sidewalks, trails and similar improvements constructed for the purposes in the Corrunon Property and as may be reasonably limited and regulated by Rules and Regulations of the Association. d. For vehicular parking by the Owners, Occupants and their Permittees if parking areas are located and constructed within any Corrunon Property (and specifically excluding any parking areas located upon any Owner's Lot) and as may be reasonably limited and regulated by Rules and Regulations of the Association. e. For drainage of storm and surface water into any Pond Areas, including through pipes and related facilities within the Pond Areas (and the right to install such connecting facilities over Corrunon Property) to such Pond Areas. 4.1.2 The EDA or the City (or an Owner exercising rights pursuant to Section 5.6 below) shall have the following non-exclusive right and easement over, under and upon the Corrunon Property: For maintaining and repairing the Association Improvements and Association Maintenance Areas, to the extent the Association, after 30 days prior written notice (except in cases of an emergency, in which case such notice requirement shall be reduced to what is reasonable under the circumstances of the particular emergency), is not so maintaining and repairing the same consistent with Section 5.1 below. Section 4.2 Limitations on Owners' Rights and Easements. Except as otherwise provided herein, the Owners' rights and easements created hereby, the right and title of the Association to govern the use and enjoyment of the Corrunon Property, shall be subject to the following: a. , , , '--./ The right of the Association, in accordance with the Governing Documents to maintain, repair and replace the Association Improvements and the Association Maintenance Area, including the Corrunon Property, as set forth herein. 7 '\ / b. The right of the Association, in accordance with the Governing Documents, to improve the Association Maintenance Area, including the Common Property. c. After thirty (30) days advance notice to an Owner and to such Owner's Occupants (which notices to the Occupants may be directed to the on-premises manager of such Occupants at the address of the Lot), the right of the Association to suspend the right of any Owner to vote and to suspend the right of any Owner, Occupants of the Owner's Lot and their Permittees to use the Common Property for any period during which any assessment against the Owner's Lot is delinquent. d. The right of the Association to dedicate or transfer all of any part of the Common Property to any public agency, authority, or utility for public or utility purposes; provided the benefits of Section 4.1 above are not materially diminished thereby. Section 4.3 Use of Lots; Restrictive Covenants. In addition to any other restrictions that may be imposed by the Governing Documents, the use and conveyance of Lots shall be governed by the following provisions: a. Each Lot and each Building constructed on a Lot shall be in conformance with the use allowed under the Zoning Ordinances and Regulations of the City of Andover. i '- / b. Any lease between an Owner and an Occupant shall provide that the terms of the lease shall be subject in all respects to the provisions of the Governing Documents and Rules and Regulations, and that any failure by the Occupant to comply with the terms of such documents shall be a default under the lease, and the Rules and Regulations. All such covenants and obligations are in furtherance of a plan for the preservation and enjoyment of the Property, and shall be deemed to run with the land and be a burden and benefit to any person acquiring or owning an interest in the Property, their heirs, personal representatives, grantees, successors and assigns. Each Owner, Occupant and their Permittees shall exercise the rights granted in Section 4.1 in such a manner as will not unduly restrict, interfere with or impede the use by other Owners and Occupants of their Lots and the Common Property. c. No use shall be made of a Lot or the Common Property which would (i) violate the then existing municipal ordinances or state or federal laws, or (ii) unreasonably interfere with, or obstruct public access to and from any Lot and the receipt or delivery of merchandise in connection with any business conducted thereon. d. In the event of damage to the Common Property and/or Association Improvements caused by the willful or negligent act of any Owner or such Owner's Occupants, or their Permittees, the Association shall have the right to / \ '- / 8 . ) restore the Common Property and/or Association Improvements to its prior condition and assess the costs thereof against the Owner who violates, or whose Occupants or Permittees violate such provisions, and such cost may be assessed as a lien upon the Owner's Lot pursuant to Section 6.4 below, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Section 4.4 Delegation of Use. In addition to the rights of assignment set forth in Section 14.5 hereof, any Owner may delegate, in accordance with the Governing Documents, the Owner's right of enjoyment to the Common Property and/or easements granted herein to the benefit of such Owner's Lot, to the Owner's Occupants who occupy a Lot and/or their respective Permittees; but the Owner shall remain responsible for any damages caused by the willful or negligent acts of such persons, and such persons shall be subject to the provisions of the Governing Documents. Section 4.5 Taxes and Special Assessments on Common Property. Any taxes or special assessments levied separately against the Common Property and/or Association Improvements by a governmental authority shall be divided and levied against the Lots in the manner as provided in Section 6.1 and Section 6.6 below, which levies shall be a lien against said Lots and shall be collectible by the Association as part of the annual assessment, if the same are not required to be paid directly to the governmental authority. J Section 4.6 Taxes and Assessments on Lots. Each owner shall pay all taxes, assessments or charges of any type levied or made by any governmental body or organization with respect to its Lots. ARTICLE V. RIGHTS AND REGULATIONS OF THE ASSOCIATION Section 5.1 General / "- I '. / The Association, from and after the first lot is sold by the Andover EDA, shall be responsible for the maintenance of the Association Maintenance Area and the repair, maintenance or replacement of all Association Improvements thereon. The Association shall keep the same in good, clean, usable, attractive and sanitary condition, order and repair, including, refuse services located within the Association Maintenance Area, weed control and fertilizer applications and maintenance of annual, perennial planting beds and flowers (as determined by the Association), and the snow and ice removal from the private streets and trails/sidewalks installed in the Association Maintenance Area, all in a manner that is consistent with or better than other similarly sized, first class, retail/commercial developments in the Twin Cities metropolitan area. The Association shall also be responsible for the electrical, water and other utility service costs utilized by the Association Improvements. All costs incurred in 9 , ~\ J connection with the foregoing and in connection with Section 5.2 below shall be included within the meaning of "Common Expenses". Section 5.2 Services. The Association may contract and pay for the services of any person or entity who or which is a professional property manager to manage the Associations' affairs, or any part thereof, to the extent it deems advisable. Such manager may employ such personnel as the manager shall determine to be necessary or desirable for the proper operation of the Association's affairs, whether such personnel are furnished by the manager or by third parties hired by the manager. However, any such contract for professional management shall provide for termination by either party, with cause upon thirty (30) days prior written notice, and without cause and without payment of a termination fee or penalty upon ninety (90) days or less prior written notice. In addition, when professional management of the Property has been utilized by the Association, any decision to discontinue professional management and establish self- management by the Association shall require the prior consent of: Owners of Lots to which at least sixty-seven percent (67%) of the vote in the Association are allocated. The Association may hire such professional property manager which is affiliated with a Member of the Association, provided that the contract with such company is on market terms and conditions. The Association may hire such other professionals, such as accountants, lawyers, engineers, etc. as the Board of Directors determines is necessary or prudent. , '~ J Section 5.3 Rules and Regulations. The Association may make such reasonable Rules and Regulations governing the use, maintenance and enjoyment of the Common Property, including but not limited to parking and access rules and regulations, as it deems reasonably necessary, which Rules and Regulations shall not be inconsistent with the rights and duties established by the Governing Documents or this Declaration, including the easement rights, restrictions, and limitations granted pursuant to Section 4.1 - 4.4 hereof. Section 5.4 Board of Directors. The power and authority of the Association in the Governing Documents and Rules and Regulations shall be vested in a Board of Directors elected by the Owners in accordance with the Bylaws of the Association. The Association shall act through the Board of Directors, unless specifically provided otherwise in the Governing Documents. Accordingly, all references to the Association shall mean the Association acting through its Board of Directors. Section 5.5 Service Contracts with Government Entities. F '\ , / The Association may enter into service contracts to maintain and repair improvements and portions of the Property and/or Association Maintenance Areas which are owned by governmental entities, such as streets and Pond Areas ("Governmental Contract Maintenance"). The costs of performing such Governmental Contract Maintenance, less any and all reimbursements and/or remuneration arising therefrom, shall be Common Expenses. 10 " / Section 5.6 Owners Right to Maintain. In the event any Owner believes the Association is failing to maintain and repair all or any element of the Association Improvements and/or Association Maintenance Area, as required by Section 5.1 above, then in addition to the remedies of Article XIII below, such Owner, may perform such maintenance (after providing written notice to the Association as required in said Section). The costs so incurred by such Owner shall be reimbursed to it by the Association as a Common Expense, unless the Association disagrees that the performance of the item by such Owner was so required of the Association pursuant to this Declaration. In the event of such a disagreement either the Association or such Owner may obtain relief pursuant to Article XIII below. ARTICLE VI. COVENANTS AND ASSESSMENTS Section 6.1 Creation of the Lien and Personal Obligation of Assessments. ) The Declarant and Existing Owners, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association: (1) annual assessments or charges to cover the Common Expenses, and (2) special assessment for capital improvements required by the Association; such assessments to be established and collected as hereinafter provided. The annual and special assessment shall be a charge on each Lot and shall be a continuing lien upon each Lot. Annual assessments and special assessments shall become a lien on the earliest date any part of the same is due and payable. Each such assessment shall also be the obligation of the person or entity which is the Owner of such property at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to the Owner's successors in title to a Lot, unless expressly assumed by them; however the lien of such assessments shall continue notwithstanding any such passing of title to the Lot. As of the date hereof, no annual or special assessment have been levied against any portion of the Property. , , Section 6.2 Purposes of Assessments. The assessments levied by the Association shall be used exclusively to pay Association expenses (including assessed costs pursuant to Section 6.10 below), to promote the health, safety and welfare of the Owners and Occupants and their guests in the Property and for the improvement, maintenance repair and replacement of the Association Maintenance Area and Association Improvements thereon, including but not limited to the following, all of which shall be deemed Common Expenses: a. Payment by the Association of charges for utility services to the Association Improvements; / 'I \. ./1 b. Taxes and special assessments against the Common Property, if any; income and 11 \ J , , ./ other taxes levied or assessed against or charge to the Association, if any; and charges or impositions arising out of costs incurred by a governmental entity pursuant to maintenance and repair performed pursuant to Section 4.1.2 and/or 6.10 hereof or assessments for maintenance of the Pond Areas; c. Premiums for liability and other insurance carried upon the Corrunon Property, Association Maintenance Area and/or Association Improvements by the Association, including hazard insurance maintained on the Corrunon Property pursuant to Article VII hereof, the deductible amount not covered by such insurance and the additional amounts deposited by the Association or its Board of Directors to repair or restore Association Improvements on the Corrunon Property and/or Association Maintenance Area; d. Repair, replacements, construction, reconstruction, alterations, maintenance to the Association Improvements, snow and ice removal therefrom and additions thereto undertaken by the Association pursuant hereto; e. Creation of reasonable contingency, emergency, and working capital reserves (an adequate reserve fund, funded from annual assessments rather than from special assessments, shall be maintained for maintenance, repair and replacement of those elements of the Association Improvements which must be replace on a periodic basis); f. The cost of labor, equipment, and materials for all work done by or for the Association pursuant to the Governing Documents; g. Reasonable fees for professional management pursuant to Section 5.2 above; and h. Other Corrunon Expenses identified in this Declaration. Section 6.3 Annual Assessments. A proposed annual assessment to pay for the anticipated Corrunon Expenses shall be established by the Board of Directors. The Board of Directors may increase (after the first such assessment) the maximum annual Association assessment in an amount not to exceed the greater of: (i) ten percent (10%) of the previous year's Association assessment or (ii) the percentage increase in the most recently published US Department of Labor, Bureau of Labor Statistics, Consumer Price Index (Urban Wage Earners and Clerical Workers, Minneapolis-St. Paul Index, All Items), compared to the same index published 12 months earlier. Any increase in excess of this amount shall require the approval of sixty-seven percent (67%) of the voting interests of the Members who are voting in person or by proxy. Section 6.4 Special Assessments for Capital Improvements. / \ \ / In addition to annual assessment authorized above, the Association may levy, in any calendar year (but not more than once per calendar quarter), one or more special assessments 12 / \ / applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement (i) of capital improvements upon the Association Maintenance Area, including Association Improvements, (ii) capital equipments to be owned by the Association; provided that each such assessment shall have the assent of two- third (2/3) of the voting interests of Members who are voting in person or by proxy at a meeting duly called for this purpose. Special assessments for such capital improvements shall be due and payable as determined by the Board of Directors. Section 6.5 Notice of Quorum for any Action Authorized under Sections 6.3 or 6.4. Written notice for any meeting called for the purpose of taking any action authorized under Section 6.3 or Section 6.4 shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all votes of all Members shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6.6 Rate of Assessment. . \ Both annual and special assessments shall be fixed at apro-rata rate for all Lots based on the number of square feet ofland area contained within each Lot, as compared to the total square feet of land area contained within all Lots, and each notice of assessment shall detail the calculation of each Lot's pro-rata share of the assessment. Section 6.7 Date of Commencement of Annual Assessments; Due Dates. The Board shall fax the amount of the annual assessment provided for herein against each Lot at least fifteen (15) days in advance of each annual assessment period. The initial annual assessment period shall commence as to all Lots on the first day of the month following the commencement of the Associations duty to maintain and repair the Association Improvements pursuant to Section 5.1 above, and shall run through and including the next succeeding December 31; provided however that for any Lot for which an initial building permit has not yet been issued by the City, no assessments with respect to maintenance, repair and/or replacement of the following Association Improvements: curbs, gutters and paved surfaces of streets, sidewalks and/or trails (such as snow removal, cleaning, seal coating, etc.) shall be levied or assessed against such Lot. Each succeeding annual assessment period shall be a calendar year. Written notice of the annual assessment shall be sent to every Owner. Initially, annual assessments shall be due and payable in four equal quarterly installments on the first day of each quarter, beginning on the first day of January and the 151 day of each April, July, October and January thereafter. As of the date hereof, no annual assessments are levied or pending against any Lot. \ 13 \ I Section 6.8 Estoppel Certificates. The Association shall, upon demand and free of charge, furnish a certificate signed by an officer of the Association setting forth (a) whether the assessments on a specified Lot have been paid in full and, if not paid in full, stating which assessments are unpaid, (b) to the actual knowledge of such certifying officer, whether any Owner or Lot is in default of violation of this Declaration and if so identifying such default or violation; and (c) that this Declaration is in full force and effect and identifying any amendments to the Declaration as of the date of such certificate. A properly executed certificate of the Association as to such matters on a Lot shall be binding upon the Association as of the date of its issuance. Section 6.9 Remedies for Non-Payment of Assessments. "\ , j / ' \ -' a. If any assessment is not paid on or before its due date, the Association may impose interest from the due date at the lesser of (i) rate of eight percent (8%) per annum, or (ii) the highest rate of interest permitted by law, and/or bring an action at law against the Owner personally obligated to pay the same or foreclose the lien by action in the manner provided for foreclosure of mortgage liens. Each Owner, by acceptance of any conveyance of any interest on the Property, grants to the Association a power of sale to accomplish the foreclosure and sale of each Owner's Lot. In a foreclosure action, the Association shall be entitled to recover, in addition to the principal amount of assessments, all costs of collection, including interest, attorney's fees and the cost of prosecuting such action and filing any liens. In addition, the Association may impose an administrative charge of up to 10% of the delinquent installments for each delinquent installment of assessments, and/or involve any other remedies or sanction set forth in Article XIII. All remedies shall be cumulative, and the exercise of one remedy shall not constitute a waiver of any other. b. No Owner may waive or otherwise escape liability for any assessments or other obligations imposed under the Governing Documents or Rules and Regulations by non-use or waiver of any rights in the Common Property or abandonment of his or her Lot. c. Nothing contained herein shall be deemed to prevent or prohibit any Owner, which believes any assessment that has been unlawfully, wrongfully, mistakenly or otherwise erroneously assessed, in whole or in part, against any Owner or its Lot (the "Protested Assessment") from contesting or otherwise challenging such Protested Assessment; provided that when such Protested Assessment becomes due and payable said Owner pays the same to the Association, but notifies the Association in writing that it is doing so under protest. The Association shall have no right to suspend voting and/or usage rights of an Owner due to a Protested Assessment, provided said Protested Assessment has been paid under protest. 14 " Section 6.10 Assessments by Municipal Government. It is expressly declared that the foregoing Sections of this Article shall not in any way interfere with, abrogate, or affect the power of any local governmental authority to levy and collect taxes and special assessments. It is further expressly declared that the costs incurred by any governmental entity pursuant to maintenance and repair performed pursuant to Section 4.1.2 above, may be assessed against the Association, and by the Association against the Owners pursuant to Section 6.2(b) above, or if the Association fails to so pay such assessment, then such governmental entity may assess the Lots in the same manner as if the Association had so assessed such Owners. It is further expressly declared that any costs incurred by the City with respect to electricity for or maintenance of street lighting or median maintenance within the Landscaped Streets, may be assessed against the Association, and by the Association against the Owners pursuant to Section 6.2(b) above. It is further expressly declared that the costs incurred by any governmental entity pursuant to maintenance and repair of the Pond Areas, may be assessed against the Association, and by the Association against the Owners pursuant to Section 6.2(b) above, of if the Association fails to pay such assessment, then such governmental entity may assess the Lots in the same manner as if the Association had so assessed such Owners; provided however nothing contained herein shall be deemed to authorize such governmental entity to assess to the Association any such portion of Pond Areas maintenance costs which is attributable or allocable to any property outside of Andover Station North. ARTICLE VII. ~, ) / INSURANCE Section 7.1 Association Liability Insurance; Fidelity Bonds. The Board of Directors of the Association or its duly authorized agent, shall obtain a broad form of commercial general liability insurance insuring the Association, with such limits of liability as the Association shall determine to be necessary, against all acts, omissions to act and negligence of the Association, its employees and agents, but not less than a combined single limit of liability of $5,000,000 in constant dollars for bodily injury, personal injury and property damage arising out of anyone occurrence. Each owner shall be an "additional insured" under such policy, which shall also provide: I) that the policy shall not be canceled or reduced in amount or coverage below the requirements of this Declaration; ii) that such policy shall not be allowed to expire without at least twenty (20) days prior written notice by the insurer to each insured and to each additional insured; iii) for severability of interests; iv)that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds or additional insureds; and v) for contractual liability coverages. The Association's Boards of Directors shall also provide fidelity bonds providing protection to the Association against loss by reason of acts of fraud or dishonesty on the part of the Association's Directors, manager, officers, employees or volunteers who are responsible for the handling of funds of the Association in an amount sufficient to provide no less protection than one and one-half (1 Y2) times the estimated annual Operating \ Expenses and reserves of the Association. " 15 / \ ) Section 7.2 Liability Insurance. Throughout the terms of this Declaration, each Owner shall procure and maintain or cause to be procured and maintained, general and/or comprehensive public liability and property damage insurance against claims for personal injury (including contractual liability arising under the indemnity provision hereof), death, or property damage occurring upon such Owner's Lot and the Common Property with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000.00) including umbrella coverage, if any, and naming the Association as additional insured. Any such policy shall also provide: i) that the policy shall not be cancelled or reduced in an amount or coverage below the requirements of this Declaration; ii) that such policy shall not be allowed to expire without at least twenty (20) days prior written notice by the insurer to each insured and to each additional insured; iii) for severability of interests; iv) that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds or additional insureds. Any Owner, or such Owner's Occupant if such Occupant is maintaining such insurance, may elect to self-insure (provided the self-insuring party has a net worth of at least One Hundred Million Dollars ($1,000,000), and/or carry insurance required hereunder under master or blanket policies of insurance. ARTICLE VIII. DESIGN STANDARDS , '\ I '-- j Section 8.1 Review by City of Andover. No Building, structure, fence, wall, patio or other structure shall be commenced, constructed, altered or maintained upon any Lot, or portion thereof, nor shall any exterior addition to or change or alteration therein be made, unless and until the plans and specifications, proposals, site plans, and certificate of survey showing the nature, kind, shape, height, materials, color, surrounding landscaping, and location of the same (hereinafter collectively referred to as "Plans") shall have been filed in writing with and have been approved by the City. These submitted plans shall contain details of design, elevation, site grade, fencing and location and dimensions of structures (including all Buildings), walks and driveways and shall also state the type of construction and materials to be used in construction. The basis for review and approval of such Plans shall be the guidelines and standards as set forth in the Andover Station North Design Standards, provided, however, that the basis for review and approval for free standing signage and/or Building signage shall be the City's sign ordinances and regulations (the "Sign Code"). The implementation, enforcement, granting of variances or exception and/or amendments to the Andover Station North Design Standards (or, as applicable, the Sign Code) shall be governed solely by the City, in connection with the issuance of its building permit pursuant to the Plans; provided, however, that failure to meet the covenants and restrictions, and conditions contained within this Declaration shall be grounds for the City's reasonable disapproval of such Plans, it being specifically acknowledged that the City is to be deemed a third party beneficiary of the covenants set forth in this Article VIII. / '\ '-) Plans approved by the City and for which a building permit has been issued shall be 16 ) , '\ '-~ "- I / deemed to comply with the Andover Station North Design Standards and, to the extent applicable, the Sign Code. Any elevation, site grade, fencing and location and dimensions of structures (including all Buildings), walks, signs and driveways, if constructed pursuant to such approved Plans shall also be deemed to comply with the Andover Station North Design Standards and Sign Code. Notwithstanding anything contained in the Andover Station North Design Standards to the contrary, the EDA hereby waives any and all rights reserved to the EDA in, under or pursuant to said Andover Station North Design Standards, with respect to the Property comprising Andover Station North and improvements constructed therein, including but not limited to plan review, approval of design standard variances and matters concerning architectural and use controls. Section 8.2 Architectural Liability. The City shall not be liable to anyone in damages who has submitted Plans for approval, nor to any Owner by reason of mistaking in judgment, negligence, or nonfeasance for themselves, their agents or employees arising out of or in connection with the approval or disapproval of any such Plans. The City does not assert architectural expertise, but rather is primarily concerned about aesthetic characteristics in enforcing the Andover Station North Design Standards. It is the sole duty and responsibility of the applicant to employ an architect or other person to design any modification requested by the City, in a safe and architecturally sound manner. Each Owner of any Lot within the Property, their heirs, successors and assigns, as a condition of their ownership, waives any right to damages which result from architectural designs approved by the City as in compliance with the Andover Station North Design Standards. ARTICLE IX MAINTENANCE OF COMMON PROPERTY, LOTS AND PRIVATE UTILITY LINES Section 9.1 Maintenance and Repair. The Association shall provide for the maintenance and repair of the Association Maintenance Area and Association Improvements pursuant to Section 5.1 above corrunencing on the date set forth in Section 5.1. The Association shall also provide and is hereby given the right and easement to enter upon Association Maintenance Area within the Lots to maintain such Area. Maintenance and repair shall be determined and implemented from time to time by the Board of Directors in its reasonable discretion and assessed against all the Owners pursuant to Article VI of this Declaration. Section 9.2 Damage by Owner. If, in the reasonable judgment of the Board of Directors, the need for maintenance, repair or replacement, by the Association of any part of the Association Maintenance Area or Association Improvements is caused by the willful or negligent act of an Owner, an Occupant or 17 / " ,) / '\ " ) \ , ~ their Permittees, the cost of such maintenance or repair may be added to become part of the assessment to which such Owner and his or her Lot are subject, rather than assessed against all Owners. Section 9.3 Maintenance and Repair of Lots and Improvements Thereto. Each Owner covenants to keep and maintain, at its sole cost and expense, the Building(s) and improvements located from time to time on its respective Lot in good order, condition and repair, all in a manner that is consistent with or better than other buildings within similarly sized, first class, retail/commercial developments in the Twin Cities metropolitan area. Once constructed, in the event of any damage to or destruction of a Building on any Lot, the Owner of such Lot shall, at its sole cost and expense, with due diligence either (a) repair, restore and rebuild such Building to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Declaration), or (b) demolish and remove all portions of such damaged or destroyed Building then remaining, including the debris resulting therefrom, and otherwise clean and restore the area affected by such casualty to a level, graded condition. Nothing contained herein shall be deemed to allow an Owner to avoid a more stringent obligation for repair, restoration, and rebuilding contained in a lease or other written agreement between an Owner and such Owner's Occupant. Each Owner of a Lot covenants at all times during the term hereof to operate, maintain and replace or cause to be operated, maintained or replaced at its expense all exterior areas, landscaped areas and parting and drive aisle areas that are not within Association Maintenance Area (collectively, the "Exterior Areas") located on its Lot in good order, condition and repair, all in a manner that is consistent with or better than other lots within similarly sized, first class, retail/commercial developments in the Twin Cities metropolitan area. Following the construction of a Building thereon, maintenance, operation and replacement of Exterior Areas shall include, without limitation, maintaining and repairing all sidewalks, and the surface of the parking and roadway areas, removing all snow, ice, papers, debris and other refuse from and periodically sweeping all parking and road areas to the extent necessary to maintain the same in a clean, safe and orderly condition, maintaining appropriate lighting fixtures for the parking areas and roadways, maintaining marking, directional signs, lines an striping as needed, maintaining landscaping, maintaining signage in good condition and repair, and performing any and all such other duties as are necessary to maintain such Exterior Areas in a clean, safe and orderly condition. Except as otherwise expressly provided in this Declaration, once constructed, in the event of any damage to or destruction of all or a portion of the Exterior Area on any Lot, the Owner of such Lot shall, at its sole cost and expense, with due diligence repair, restore and rebuild such Exterior Area to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Declaration). Each Owner reserves the right to alter, modify, reconfigure, relocate and/or remove the Exterior Areas or building areas on its Lot, subject to the following conditions: (i) the reciprocal easements between the Lots pursuant to Section 4.1 shall not be closed or materially impaired; and (ii) the private Landscaped Streets and ingress and egress thereto, and to and from the Lots and adjacent streets and roads, shall not be altered, modified, relocated, blocked and/or removed. 18 / ) Section 9.4 Maintenance and Repair of Private Utility Lines. Each Owner shall at all times during the term hereof construct, operate, maintain and replace or cause to be constructed, operated, maintained and replaced, in good order, condition and repair, at its sole expense, any utility or other installations that are not Association Improvements serving the Lot of such Owner that: (a) are installed on another Lot within utility easements benefiting the Lot served by such installations; or (b) are from time to time existing on such Owner's Lot for the exclusive benefit of such Owner's Lot. ARTICLE X. EASEMENTS Section 10.1 Platted Easements. All Lots shall be subject to the utility, drainage and street easements dedicated in the plat of Andover Station North. Section 10.2 Other Lot Easements. '. ) Certain Lots shall be subject to easements in favor of the Association for the construction, maintenance, use and repair of sidewalks and entry monuments. Such easements, in addition to that created in Section 4.1 and Section 9.1 above, may be reserved in deeds to certain Lots, in favor of the Association, or may be created by conveyance by Declarant of an easement in favor of the Association for purposes of the sidewalks and monuments. Such easements when granted shall become Common Property. Section 10.3 Common Property Easements. The Common Property shall be subject to the easements as set forth in Article IV above and elsewhere in this Declaration. Section 10.4 Private Signage Easements. /' '\ ) To the extent that any Common Property is subject to monument or other signage easement(s) in favor or one or more, but less than all Lots ("Private Signage Easement"), the Association may elect to maintain such signage and area subject to such Private Signage Easement, if: I) the benefited parties to such Private Signage Easement so request, or ii) the maintenance of such signage and/or area is being performed at a lesser standard than the Association is applying to Association Improvements and Maintenance Areas, and the Association shall have provided 30 days written notice to such benefited parties. If the Association does so select to so maintain, then it shall assess the costs thereof to the benefited parties as required by any cost allocation set forth in the Private Signage Easement, or if no such allocation is set forth, then the assessment shall be charged to the benefited parties pro rata on the basis of the sign area of the panels installed on the sign structure by such benefited parties, which assessment shall become a lien against such lots the same as the Annual Assessment. 19 , '\ ) Section 10.5 Contribution for Pond Area Costs. To the extent that any Pond Areas serve any property outside of Andover Station North and the Association is contractually obligated to maintain the Pond Areas, then the Association shall endeavor to enter into agreements pursuant to which such benefited property shall be responsible for its pro rata portion (based upon areas draining into such Pond Areas) of costs incurred by the Association in so maintaining the Pond. All reimbursements and/or payments by such benefited property under the Private Drainage Easement shall be utilized by the Association to reduce the Common Expenses and Annual Assessments. The Association shall be authorized to contract with the City or other owner of the Pond Areas to perform such Pond Areas maintenance, subject to the provisions of this Section. Section 10.6 Non Merger of Easements. It is the express intent of the Declarant and Present Owners that to the extent any easements granted or created hereby benefit and burden any two or more properties and/or Lots owned by the same party, that the interests shall NOT merge in such common ownership, but the same shall instead constitute an equitable servitude against the burdened property in favor of the benefited property, until terminated by an amendment to this Declaration. ARTICLE XI. , , ,~ / RIGHTS OF FIRST MORTGAGEES Section 11.1 Changes in Rights. Any amendment to this Declaration which either restricts the rights granted by this Declaration to the Lot I First Mortgagee or which deals with the subject matter as set forth in Paragraphs 11.1 a-c below, must be approved by (i) Owners pursuant to Article XII below; and (ii) the written approval of the Lot 1 First Mortgagee holding the mortgage on Lot 1, Block 1. Such matters requiring such Lot 1 First Mortgagee consent shall be: a. Any amendment which authorizes or allows the Association to abandon, partition, subdivide, encumber, mortgage, sell or transfer the Common Property; provided, however, that to the extent that the Association is requested to do so (and has a legal interest therein) the granting of easements, either for public utilities or Lots, which are consistent with the intended use of the Property and/or Common Property shall not be deemed a transfer within the meaning of the foregoing prohibition; and b. Any amendment which changes the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner, including specifically the ratio of assessments against an Owner, or which otherwise changes the pro rata interest or obligations of any individual Lot for the purpose of allocating distributions of hazard insurance proceeds or condemnation " ) 20 " / awards or determining the share of the Owner of such Lot in the Corrunon Property; and c. Any amendment which shall operate to waive or abandon the scheme of regulation or enforcement pertaining to architectural design or exterior maintenance and appearance of the Corrunon Property; and d. Any amendment which shall have as its effect the release of the Association from its duty to maintain insurance coverage as provided in Article VII. Section 11.2 Notice of Defaults. " , " / In the event of a default in the keeping of the terms of the Governing Documents by an Owner or any other person violating or attempting to violate the same, notice thereof shall be given by the Association to such defaulting Owner or person, and to any Long-Term Occupant who has registered with the Association as set forth below. The Association agrees to give any such notice of such default in such specificity as to fully inform the recipient of the nature of the default. Such notice shall also be given to the mortgage holder holding a first lien for any lot ("First Mortgagee") of any Owner who has corrunitted or permitted such default, which First Mortgagee default shall provide sixty (60) days from the date of notice to cure the same, except in cases of an emergency nature. Each First Mortgagee and Long-Term Occupant desiring to receive notices of default shall register with the Secretary of the Association its name, address, the Lot to which such mortgage or occupancy agreement applies, the name of the First Mortgagee or Long-Term Occupant, and shall further notify the Association upon the satisfaction of such mortgage or termination of such occupancy agreements, as the case may be. Notice shall be given to the First Mortgagee by mailing the same postage prepaid to the address of the First Mortgagee stated on the books of the Association. Section 11.3 Right to Cure Certain Defaults. First Mortgagees and/or Long-Term Occupants may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Corrunon Property and may pay overdue premiums on insurance policies, or secure new insurance coverage on the lapse of a policy, for such Corrunon Property. First Mortgagees making such payments shall be entitled to irrunediate reimbursement therefore from the Association. Section 11.4 Right to Examine Records. First Mortgagees and/or Long-Term Occupants shall have the right to examine the books and records of the Association during the regular business hours upon reasonable notice, which shall not be less than three (3) business days. f \ '- / 21 \ j ARTICLE XII. AMENDMENTS Article III (Membership and Voting Rights in the Association) and Section 4.1.1 and 6.6 of this Declaration may be amended by the Members holding not less than ninety-five percent (95%) of the votes in the voting membership. No Section granting or limiting the use of an easement shall be amended or modified without the written consent of the Owner of the Lot benefited or burdened by such easement. The remaining sections and Articles of this Declaration not specifically referenced in the previous two sentences may be amended by the Association with written approval of the Owners which represent at lease seventy-eight percent (78%) of the votes in the Association, subject to the rights ofPirst Mortgages as set forth in Article XI. In the case of approval of an amendment at a special or annual meeting of Association members, a copy of the proposed amendment shall be delivered to the Owners by the same means and at the same time as the notice of the meeting. Whenever such an amendment has been so approved, it shall be recorded in the form substantially similar to this Declaration with the Anoka County Registrar of Titles and shall not be effective until so recorded. The Association shall have the power and authority to certify such approval, and such certification shall be sufficient evidence of approval for all purposes including recording. ARTICLE XIII. '- j COMPLIANCE, SANCTIONS AND REMEDIES Each Owner and Occupant shall be governed by and shall comply with the provisions of the Governing Documents and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association (and/or Owners in certain stated instances) to the following relief: Section 13.1 Entitlement to Relief. An Owner, Long-Term Occupant or the Association may commence legal action to recover sums due, for damages, injunctive or other equitable relief, foreclosure of lien or any combination thereof, or any action for any other relief authorized by the Governing Documents or available at law or in equity, including payment of any amounts due and/or specific performance. Relief may be south by the Association or, if appropriate, by an aggrieved Owner or Long-Term Occupant, but in no case may any Owner or Long-Term Occupant withhold any assessments due and payable to the Association, or take (or omit) other action in violation of the Governing Documents, as a measure to enforce such Owners or Long-Term Occupant's position or for any other reason. , I , ----' 22 .., '--j Section 13.2 Sanctions and Remedies by Association. In addition to any other remedies or sanction, express or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement anyone or more of the following actions against Owners who violate (or whose Occupants or Permittees violate) the provisions of the Governing Documents: a. Impose interest charges at the highest rate allowed by law for any delinquent assessment payments. b. Impose administrative charges (in addition to interest), in an amount up to ten percent (10%) of each delinquent installment for each such delinquent assessment payment. c. Impose reasonable monetary penalties for each violation of the Governing Documents, and the Rules and Regulation and for the continuing violation thereof, other than delinquent assessment payments. d. Foreclose any lien arising under the provision of the Governing Documents or under law, in the manner provided for in the foreclosure of mortgages in the state where the property is located. '~ J Any assessment, charges, penalties, or interest imposed under this Article XIII shall be a lien against the Lot of the Owner against whom the same are imposed in the same manner as a lien for Common Expenses, and shall also be an obligation of such Owner. The lien shall attach as of the date of imposition of the remedy, but shall be final as to violations appealed under Section 13.3 until affirmed in writing following the hearing provided for in Section 13.3. Section 13.3 Right to a Hearing. In the case of imposition of any of the remedies authorized in Section 13 .2, the Board of Directors shall cause to be mailed or delivered to the Owner against whom the remedy is sought to be imposed (and if required by the provisions of Section 11.2 hereof, the Long-Term Occupant and First Mortgagee of such Owner) written notice specifYing the general nature of the violation, the remedy to be imposed and the effective date of such imposition, which notice shall be delivered at least ten (10) days prior to such effective date. The recipients of such notice shall have the right, upon written request delivered to the Board of Directors, to a hearing before the Board of Directors or a committee of no fewer than three disinterested persons appointed by the Board to hear such matters. The Board shall set the hearing at a reasonable time and place, with reasonable notice to the parties involved, but in no case later than 30 days after the request for a hearing. . The Board of Directors shall establish, and make known to all parties involved, uniform and fair rules for the conduct of such hearing, including without limitation the right of interest '\ parties to appear and be heard. If a hearing is requested, the remedy imposed shall not take . -) effect until the hearing is completed or the matter is otherwise resolved by mutual agreement of 23 \ " / the Board of Directors and the person against whom the remedy is sought, whichever event occurs first, provided, however, that if the person or persons against whom the remedy is sought do not appear at their duly noticed hearing, the remedy imposed may be enforced forthwith. The decision of the Board, or the hearing committee, and the rules for the conduct of hearings established by the Board, shall be final and binding on all parties. The rights bestowed upon Owner, First Mortgagees and Long-Term Occupants by this paragraph 13.3 shall be the sole and exclusive remedy of such Owners, First Mortgagees and Long-Term Occupants with respect to the matters covered by this Article, except as may be specifically authorized by statute or by the Governing Documents. Section 13.4 Costs of Proceeding and Attorney Fees. In any legal or arbitration proceeding (exclusive of any hearing proceeds authorized under Section 13.3 of this Article XIII arising between or among the Association, any Owners and/or Long-Term Occupants, because of an alleged default or violation by any Owner, then any party that prevails as to any material part of the relief sought, shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be determined by the court or arbitration board. In any situation in which the Association has incurred costs and expenses, including attorney's fees, in order to collect unpaid montWy assessments or to correct any other default or violation by an Owner of the provisions of the Governing Document, the Owner who has caused the Association to incur such costs and expenses shall be responsible therefor, and such costs and expenses shall become an assessment against such Owner's Lot. \ , J Section 13.5 Liability for Owner's and Occupant's Acts. All Owners shall be liable for the expense of any maintenance, repair or replacement rendered necessary by their willful acts or negligence, or by that of their Occupants and Permittees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association or such Owner or its Occupant. ARTICLE XlV. GENERAL PROVISIONS Section 14.1 Duration. The covenants, restrictions, conditions and reservation imposed and created by this Declaration shall bend the property for a period of thirty (30) years from the date of recordation of this Declaration. After the expiration of said thirty (30) year period, all of such covenants, restrictions, conditions and reservations shall continue to run with and bind the Property for successive periods of ten (10) years unless revoked by Members to which at least ninety-five percent (95%) of the votes in the Association are allocated and evidenced by a recorded instrument executed by a duly authorized officer of the Association. Notwithstanding the foregoing any and all easements granted by this Declaration shall be perpetual. / \ I ,/ 24 " ) Section 14.2 Notices. Any notice required to be sent to any person or entity under the provisions of this Declaration shall be deemed to have been property sent when mail, postage paid, to the last known address of the person on the records of the Association at the time of such mailing, except for registrations pursuant to Section 3.I(b), which shall be effective upon receipt by the Association. Any First Mortgagee or Long-Term Occupant that has registered with the Association pursuant to Section 11.2 hereof, may also request that all notices be delivered to the Owner of the Lot in which it has an interest, and upon receipt of such request, the Association shall also send copies of any notice delivered to the Owner of the particular Lot to such First Mortgagee or Long-Term Occupant. Section 14.3 Construction. This Declaration shall be construed under the laws of the State of Minnesota. The singular shall be deemed to include the plural wherever appropriate and unless the contest clearly indicates to the contrary, any obligations and duties as of the owners shall be joint an several. Section 14.4 Invalidation. Invalidation of any 'one of these covenants or restrictions by judgment or court order, or otherwise, shall in no way affect the validity of any other provision. , ) Section 14.5 Assignment of Rights and Obligations to Long-Term Occupant. An Owner may assign to: I) any other Owner; or ii) anyone (but not more than one) Long-Term Occupant of such Owner's Lot, in a lease or other documents; all or any of such Owner's rights and/or duties and obligations under the Governing Documents, including, without limitation: voting rights; enforcement rights; indemnification rights; maintenance, repair and replacement obligations; assessment obligations; and rights and obligations under any Association documents. Such assignment may be made revocable by the assigning Owner, but must, with respect to Long-Term Occupants, terminate at the expiration of the Long-Term Occupant's occupancy of such Lot. An assignment by one Owner of a Lot to another Owner of a separate Lot may be revocable or non-revocable and if non-revocable may bind successors and assigns of such Lot owned by the Owner of the assignee. Any such non-revocable assignment which is meant to bind successors and assigns must be in writing and in recordable form and filed with the Registrar of Titles for Anoka County and must specifically reference this Section of this Declaration. Notice of any such assignment must be provided to the Board of Directors or Secretary of the Association as soon as reasonably possible after execution of the lease or other assignment document, but in no case later than thirty (30) days after the assignment becomes effective. Any assignment of an Owner's rights and/or duties and obligations under the Governing Documents to a Long-Term Occupant or other Owner shall not relieve such Owner of such Owner's responsibility for all duties and obligations of such Owner otherwise provided in the Governing Documents. . '. , '~./ 25 \ ) Section 14.6 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. Section 14.7 Grantee's Acceptance. The grantee of any Lot or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original party or from a subsequent Owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for itself and its successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. Section 14.8 Time of Essence. Time is of the essence of this Declaration. Section 14.9 Governing Law. \ j The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Declaration. Section 14.10 Bankruptcy. In the event of any bankruptcy affecting any Owner or Occupant of any Lot, the parties agree that this Declaration shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. [Remainder of page intentionally blank; signature pages follow.] , , \. _/ 26 ~ ) \ } , ' IN WIlNESS WHEREOF, Declarant and the Association have executed this DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITH EASEMENTS. ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By: Michael R. Gamache Its: Chairman By: James Dickinson Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTYOFANOKA ) The foregoing instrument was acknowledged before me this day of , 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 Andover Economic Development Authority. Notary Public 27 \ '- ' '\ " ) ANDOVER STATION NORTH OWNERS ASSOCIATION By: Its: President By: Its: Secretary STATE OF MINNESOTA ) ) ss. COUNTYOFANOKA ) The foregoing instrument was acknowledged before me this _ day of , 2005, by and , the President and Secretary of the Andover Station North Owners Association, a Minnesota non- profit corporation, on behalf of the Andover Station North Owners Association. Notary Public '\ 28 / \ (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: EDA President and Board JliD Dickiruron, Exccortivc Directo~ Will Neumeister, Director of Community Development tJv-- TO: FROM: SUBJECT: Review Purchase Agreements/Michael Casey/Kim Trarnm -- Planning DATE: March 15,2005 INTRODUCTION At the last EDA meeting, staff was authorized to prepare purchase agreements for land sales to Michael Casey and Kim Trarnm. Attached are copies of the two agreements. DISCUSSION "\ \. ) Attached is the final form of the purchase agreement that contains the deal points that both the City and the developer feel are pertinent to achieving a successful land transaction. The City Attorney has prepared two agreements for Trarnm Builders. This is because they expressed interest in a second site on the south side of Jay Street and that would not be purchased until November, 2006. In that agreement is a $50,000 down payment, with a 6% escalator that has been built into the sales price. Also, the verbal approval was given at the last meeting to prepare a "Right of First Refusal" with Michael Casey on the second property, that is also attached. ACTION REQUESTED EDA is requested to review the final form of the purchase agreements for Michael Casey and Kim Trarnm and authorize the Executive Director of the EDA and EDA President to execute them. Respectfully submitted, Will Neumeister ~ Attachments Purchase Agreements (Casey / Trarnm) '; Right of First Refusal (Casey) , '. J Map of Area " -, j \ , ) CA56Y 3/~ / ~~ PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on , 2005, by and between Andover Economic Development Authority, a body corporate and politic, 1685 Crosstown Boulevard NW , Andover, Minnesota, Seller and Michael S. Casey, , of 14168 Orchid Street, Andover, Minnesota 55304, Buyer. 2, OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: See Exhibit A attached hereto. After execution of this Agreement by the parties, Sellers shall cause the Property to be surveyed and the legal description in said survey shall be attached hereto, 3. PURCHASE OF LOT WITH BUILDING OR VACANT LOT. (Check paragraph that pertains.) A. Buyer is purchasing the lot with an existing building. x Buyer is purchasing a vacant lot. B. 4. PRICE AND TERMS. The price for the real and property included in this sale: Two Hundred Six Thousand Three Hundred Eight and no/100 Dollars ($256,308.00) which Buyer shall pay as follows: Earnest money of Ten Thousand and no/100 Dollars ($10,000.00) by check, receipt of which is hereby acknowledged, and Two Hundred Forty Six Thousand Three Hundred Eight and no/100 Dollars ($246,308.00) cash on or before ,2005 DATE OF CLOSING. The purchase price is based on a site estimated to be 98,580 square feet with a price of $2.60 per square foot. After the plat is completed of the property by the EDA as required in paragraph 8 herein and the actual square footage of the site is known, the price shall be adjusted to reflect the change in land area based upon the square foot price set out in this paragraph. 5, CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the following: (a) Seller shall permit Buyer, at Buyer's expense, to enter the Property to conduct investigations and testing and Buyer shall be completely satisfied with the environmental and soil conditions of the Property. '\ \ J 1 , " '-~ (b) Buyer shall have obtained all zoning, land use, signage, watershed, environmental and other governmental approvals and permits Buyer shall deem necessary to use the Property in the manner contemplated by Buyer, including, without limitation, a full building permit for a building conforming to Seller's design standards which Buyer determines can be built for a price acceptable to Buyer, in Buyer's sole discretion. (c) Buyer shall have determined that the roads, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes. In the event any of the above contingencies have not been satisfied or waived by Buyer on or before the date of closing, this Agreement shall be voidable at the option of the Buyer. If any of the foregoing contingencies have not been satisfied by the date of closing, Buyer may postpone the date of closing up to 60 days to permit more time for such contingencies to be satisfied. 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; , \ ) B. Restrictions relating to use or improvement of the property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; D. Utility and drainage easements which do not interfere with existing improvements. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual DATE OF CLOSING. SELLER SHALL PAY on DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. SELLER SHALL PAY on DATE OF CLOSING all other special assessments levied as of the date of this Agreement. SELLER SHALL PAY on DATE OF CLOSING any deferred real estate taxes, special assessments or connection charges payment of which is required as a result of the closing of this sale. " '. ~ 2 \ ) ~ '\ ~- ) , ) ,~ / BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 8. SELLER'S OBLIGATIONS. (a) Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the warranty deed. (b) SELLER shall provide a plat of the property reflecting boundary lines, topographic indications, subdivision, easements, restrictions and other matters customarily reflected in a plat of real property. (c) SELLER warrants that there shall be two direct non-exclusive accesses to public streets to the property. (d) SELLER shall cause all offsite utilities, storm drainage, street lights and paving to be constructed, if not already completed, necessary to serve the subdivision at its expense. Such obligation shall not include the sanitary sewer and water area connection charges. Said charges shall be the responsibility of the Buyer. (e) SELLER shall provide site rough grading on the property. (f) SELLER shall provide and pay for a Phase I environmental assessment for subject property for the benefit of and with reliance letters addressed to the Buyer and Buyer's lenders. 3 , , /1 9. BUYER'S OBLIGATIONS. (a) BUYER will provide a preliminary site plan on or before March 22, 2005 for approval of the Seller. (b) BUYER will provide a final site plan on or before May 15, 2005. (c) BUYER shall construct a building upon the property which is in substantial conformance to the building identified in attached Exhibit B. Buyer's obligation shall survive the closing on this transaction. 10. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 11. POSSESSION. Seller shall deliver possession of the property not later than DATE OF CLOSING. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity and natural gas shall be prorated between the parties as of the date of change of possession. ) 12. EXAMINATION OF TITLE. Seller shall, within a reasonable time after acceptance of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 30 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. 13. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. '. , \.__ .J 4 \ ) B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, anyone or more of the following: (1) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; " -) (3) Damages from Seller including costs and reasonable attorney's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. \ / 5 \ , ) , \ "-) . \ '. _/ E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorneys' fees; (2) Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 14. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 15. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 16. WELL AND FUEL TANK DISCLOSURE. Seller certifies that the Seller does not know of any fuel tanks or wells on the described real property. 17. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE. Seller certifies that there is no individual sewage treatment system on or serving the property. 18. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction. 19. RIGHT OF FIRST REFUSAL. The Seller and Buyer agree that at the closing, the property contained herein, they will enter into a Right of First Refusal Agreement attached hereto as Exhibit C. The Andover Economic Development Authority agrees to sell the property for the price and terms and conditions set forth above. I agree to purchase the property for the price and terms and conditions set forth above. SELLER: BUYER: ANDOVER ECOMONIC DEVELOPMENT AUTHORITY MICHAEL S. CASEY 6 " ; " / ') " / By: Michael R. Gamache, President By: '\ j James Dickinson, Executive Director Michael S. Casey 7 C:0 iJ2AWln1 ~I (34S%~) " PURCHASE AGREEMENT '. ) 1. PARTIES. This Purchase Agreement is made on , 2005, by and between, the Andover Economic Development Authority, a body corporate and politic, of 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, Seller, and Tramm Builders & Realtors, LLC, a Minnesota limited liability company, of 3820 Cleveland Avenue North, #100, Arden Ridge Officer Park, Arden Hills, Minnesota, 55112, Buyer. 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: See Exhibit A attached hereto. 3. PURCHASE OF LOT WITH BUILDING OR VACANT LOT. (Check paragraph that pertains.) A. Buyer is purchasing the lot with an existing building. x B. Buyer is purchasing a vacant lot. , J 4. PRICE AND TERMS. The price for the real and personal property included in this sale: Four Hundred Seventy Nine Thousand Nine Hundred Nine and no/100 Dollars ($479,909.00) which Buyer shall pay as follows: Earnest money of Twenty Thousand and no/100 Dollars ($20,000.00) by check, receipt of which is hereby acknowledged, and Four Hundred Fifty Nine Thousand Nine Hundred Nine and no/100 Dollars ($459.909.00) cash on or before November 1, 2005, DATE OF CLOSING. '- The purchase price is based on a site estimated to be 131,482 square feet with a price of $3.65 per square foot. After the plat is completed of the property by the EDA as required in paragraph 8 herein and the actual square footage of the site is known, the price shall be adjusted to reflect the change in land area based upon the square foot price set out in this paragraph. 5. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the following: (a) Seller shall permit Buyer, at Buyer's expense, to enter the Property to conduct investigations and testing and Buyer shall be completely satisfied with the environmental and soil conditions of the Property. (b) Buyer shall have obtained all zoning, land use, signage, watershed, environmental and other governmental approvals and permits Buyer shall deem ,\ necessary to use the Property in the manner contemplated by Buyer, including, without '0 1 " \'---) limitation, a full building permit for a building conforming to Seller's design standards which Buyer determines can be built for a price acceptable to Buyer, in Buyer's sole discretion. (c) Buyer shall have determined that the roads, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes. In the event any of the above contingencies have not been satisfied or waived by Buyer on or before the date of closing, this Agreement shall be voidable at the option of the Buyer. If any of the foregoing contingencies have not been satisfied by the date of closing, Buyer may postpone the date of closing up to 60 days to permit more time for such contingencies to be satisfied. 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Restrictions relating to use or improvement of the property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; " -- .." D. Utility and drainage easements which do not interfere with existing improvements. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual DATE OF CLOSING. SELLER SHALL PAY on DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. SELLER SHALL PAY on DATE OF CLOSING all other special assessments levied as of the date of this Agreement and pending special assessments for Jay Street. SELLER SHALL PAY on DATE OF CLOSING any deferred real estate taxes, special assessments or connection charges payment of which is required as a result of the closing of this sale. SELLER SHALL PAY all street and utility costs for the street lying between Lot 5, Block ----L- and Lot 1, Block I ,Andover Station North, if constructed at any time in the future. / , '-~ 2 F , ) / BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 8. SELLER'S BOUNDARY LINE AND ACCESS WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the warranty deed. 9. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. . ~ \ I 'o_J 10. POSSESSION. Seller shall deliver possession of the property not later than DATE OF CLOSING. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity and natural gas shall be prorated between the parties as of the date of change of possession. 11. EXAMINATION OF TITLE. Seller shall, within a reasonable time after acceptance of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 30 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. 12. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title .' \ "_ JJ 3 , ) objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice 'of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, anyone or more of the following: (1 ) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; , I , / (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (3) Damages from Seller including costs and reasonable attorney's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; \ " ...) 4 j (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. . , E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorneys' fees; (2) Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 13. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 14. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. , , ) 15. WELL AND FUEL TANK DISCLOSURE. Seller certifies that the Seller does not know of any fuel tanks or wells on the described real property. 16. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE. Seller certifies that there is no individual sewage treatment system on or serving the property. 17. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction. The Andover Economic Development Authority agrees to sell the property for the price and terms and conditions set forth above. We agree to purchase the property for the price and terms and conditions set forth above. SELLER: BUYER: ANDOVER ECOMONIC DEVELOPMENT REALTORS, LLC AUTHORITY TRAMM BUILDERS & \.'- ./ 5 / \ " ) " ) ! '\ \__/ By: Michael R. Gamache, President By: '\ James Dickinson, Executive Director By: 6 By: Its: Its: ~ C'}te,:o~-\,jf"l /" :9 ! . I ~ " _"'::.-.=~_~__~'J2 .r '., -;r>'<": C!'"-2C ,e: s!.)~~t tG G 1t:::~UI' " r " ,'-"' ..~... .~ IDe---D_9~un:er:t r,jG~ 'j 435.344 i ( -, " -------_8 -,." --- ~-,..~-..,-,- ~ --:,-~ ',J -- - 58-14 ~ i " -,/"':""'-" --- -", - ?pn~~ "-', ~ ~~ ~A ~Ie~~ _-.---- _____ -1r!<..:. -r' . . _ _._ t:',-, :'S SuO !E:ct . ; _ Ie U~€r c ~t' " '''-<-, r.ct!Of\ OS f{" w")fer"--'-~ . Du::urnent 1'K;'. '43..... _' \. . e,:>(~i"Je~t~.- , ' :1.)<14', ___.e.eD'.--...... / ( // ----~ O~ ~ //-- ----...""'"'< -----" ' " ' , \ \ \ \ \\ " / ,----' ----- ' ',', / ,tl: a!, ' /////', I' /'J I}" ~ / ' ",,/' ,/ ./ !' ' ,f / ~ ~.~ /~'" >Ii 2?/ /:' / //// j -~_;r ,;:~__-==:-_,~~/<y 7'////' /;//1;/;; /,. '\\x __ '.,..r- /___/0 '2" / ~ I 1/;; /- - \ / _/___/~/~~Bi :/ l~/<-~//;If..:~'0 rJ...A)-~~- -M-:- tI\' - -' ,....-of> \ ? / / // 0 / I <<,' N IJl II -." / ( ~/ ! P? " /:9 .- _, '.. ., ~ X / \ I_..,~, - /.1'''1:://'',-' ';k '. ..' -- /' \ ~ ~~,,'/ "':_ '::"-::-::/'. /;j i .5' . /, ~ -- < ~c Oetelop ~ _!,,",'_ " ::::::;?\AJ ';' 13141U- / ~ ----- ~_/ c:~/ """ , " ,. ~~ ~ " . 'l~ . __, ___/"'-- ,_..,__" _ " ! ' " .02. ac.re.s _ __._~....~?# \ .4 i-?~~2~ ='~:' \.j - , · ../;~' ' 4'~~." ~ 276.48 " ~Z" --_ _-,-~~//-'~X~,.' \_ ~'!r""-'" "- '~~~~.., '/.f*,/6 /:~~ .~rit · ,;/~/~ . // I 1 11 +-'1- I <;J" ~ ~. . ~M ~1 Jr.""l -.t. ' Ii. .: .! '1.1..1 I. I ,'-- :.~n:" ' ""---, , _~"". I I 1 1 ; i /( , / " / " \ " \ '1 lj'" \ 1 I i 4 i,J" ,,' I I \ 1 '-l-I '-71 r"" _~ l. 1 1 1 V 1 ; I . " k- yiA"\ i I / +=t+i-+ I ' ! ! ' / \. 1 l ! T~-i- i I / i I I! l'i ' , , ,,' , I , " ' ,~_ , 220.79 -~ : ,J "L -; !';~ I - - jl r _ ! ). i /. -..;;. . - _/ i:<' .' .-""--- ~ -;-;- ~ . . .-"-- '. " ... / ,__J l.J 1 I l, ~ /-~~ #' ".___,__!"Mn-.... 7'- '" "",,' ,.-,,- , ) , ..-=-- ---'- /" "i ::--~ --- / , "" ,/ '" " I , ..--- // I:l~-'-'-' . . ,,-" ~- - '" .",/ _/ -- - '- -, . " /~-' . '" ",. ..... '.l'..-- . .' '''_'-= =-r-+4 ~~ C"_ _/1 II' __~I' ) i /06 I -.. " '- -"~ 1 313.317 sq.ltj 7,19 acres" ae&-- -.--' -- / < ) PURCHASE AGREEMENT IIZArnm .:#z. (3 /!~4ry 1. PARTIES. This Purchase Agreement is made on , 2005, by and between, the Andover Economic Development Authority, a body corporate and politic, of 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, Seller, and Tramm Builders & Realtors, LLC, a Minnesota limited liability company, of 3820 Cleveland Avenue North, #100, Arden Ridge Officer Park, Arden Hills, Minnesota, 55112, Buyer. 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: See Exhibit A attached hereto. 3. PURCHASE OF LOT WITH BUILDING OR VACANT LOT. (Check paragraph that pertains.) A. Buyer is purchasing the lot with an existing building. x B. Buyer is purchasing a vacant lot. '\ , J 4. PRICE AND TERMS. The price for the real and personal property included in this sale: Five Hundred Four Thousand Four Hundred Twenty Four and 80/100 Dollars ($504,424.80) which Buyer shall pay as follows: Earnest money of Fifty Thousand and no/100 Dollars ($50,000.00) by check, receipt of which is hereby acknowledged, and Four Hundred Fifty Four Thousand Four Hundred Four Twenty Four and 80/100 Dollars ($454.424.80) cash on or before November 1, 2006, DATE OF CLOSING. The purchase price is based on a site estimated to be 130,680 square feet (3.0 acres) with a price of $3.86 per square foot. After the plat is completed of the property by the EDA as required in paragraph 8 herein and the actual square footage of the site is known, the price shall be adjusted to reflect the change in land area based upon the square foot price set out in this paragraph. 5. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the following: (a) Seller shall permit Buyer, at Buyer's expense, to enter the Property to conduct investigations and testing and Buyer shall be completely satisfied with the environmental and soil conditions of the Property. (b) Buyer shall have obtained all zoning, land use, signage, watershed, environmental and other governmental approvals and permits Buyer shall deem / 1 j necessary to use the Property in the manner contemplated by Buyer, including, without limitation, a full building permit for a building conforming to Seller's design standards which Buyer determines can be built for a price acceptable to Buyer, in Buyer's sole discretion. , '\ (c) Buyer shall have determined that the roads, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes. In the event any of the above contingencies have not been satisfied or waived by Buyer on or before the date of closing, this Agreement shall be voidable at the option of the Buyer. If any of the foregoing contingencies have not been satisfied by the date of closing, Buyer may postpone the date of closing up to 60 days to permit more time for such contingencies to be satisfied. 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Restrictions relating to use or improvement of the property without effective forfeiture provisions; , C. Reservation of any mineral rights by the State of Minnesota; ,_ J D. Utility and drainage easements which do not interfere with existing improvements. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual DATE OF CLOSING. SELLER SHALL PAY on DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. SELLER SHALL PAY on DATE OF CLOSING all other special assessments levied as of the date of this Agreement and pending special assessments for Jay Street. SELLER SHALL PAY on DATE OF CLOSING any deferred real estate taxes, special assessments or connection charges payment of which is required as a result of the closing of this sale. SELLER SHALL PAY all street and utility costs for the street lying between Lot 5, Block 1 and Lot 1, Block 1, Andover Station North, if constructed at any time in the future. ". / 2 E' , ) BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 8. SELLER'S BOUNDARY LINE AND ACCESS WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the warranty deed. 9. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. / , \_J 10. POSSESSION. Seller shall deliver possession of the property not later than DATE OF CLOSING. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity and natural gas shall be prorated between the parties as of the date of change of possession. 11. EXAMINATION OF TITLE. Seller shall, within a reasonable time after acceptance of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 30 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. 12. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title , , , } 3 ./ objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. , , B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, anyone or more of the following: (1) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; , , (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (3) Damages from Seller including costs and reasonable attorney's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; , } 4 , , ) (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as. permitted by law: (1) Seek damages from Seller including costs and reasonable attorneys' fees; (2) Seek specific performance within six months after such right of action arises. . TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 13. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 14. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. , , , I 15. WELL AND FUEL TANK DISCLOSURE. Seller certifies that the Seller does not know of any fuel tanks or wells on the described real property. 16. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE. Seller certifies that there is no individual sewage treatment system on or serving the property. 17. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction. The Andover Economic Development Authority agrees to sell the property for the price and terms and conditions set forth above. We agree to purchase the property for the price and terms and conditions set forth above. SELLER: BUYER: ANDOVER ECOMONIC DEVELOPMENT REALTORS, LLC AUTHORllY TRAMM BUILDERS & "- ) 5 " '\. - / , / \ , ) By: Michael R. Gamache, President By: James Dickinson, Executive Director " By: 6 By: Its: Its: r '\ "'~ "- I , ./ \ '- / CA5~YC9 3/;1 ;:5 RIGHT OF FIRST RFFlJSAI This Right of First Refusal Agreement is made and entered into this day of , 2005, by and between Andover Economic Development Authority, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, Minnesota, Seller and Michael S. Casey, , 14168 Orchid Street, Andover, Minnesota, Buyer. WITNESSETH: WHEREAS, Seller is the owner of real property situated in Anoka County, Minnesota, described as follows: See Exhibit A attached hereto. hereinafter called "Right of First Refusal Premises"; and WHEREAS, pursuant to a purchase agreement dated 2005, Seller sold the Buyer all of the Seller's property described as follows: See Exhibit B attached hereto. and WHEREAS, as a part of said purchase agreement dated 2005, Seller also gave Buyer the Right of First Refusal to purchase said "Right of First Refusal Premises." NOW, THEREFORE, in consideration of the sum of Dollars ($ ) and other good and valuable consideration and pursuant to the aforesaid purchase agreement dated , 2005, it is hereby agreed as follows: 1. Right of First Rp.flls::ll. In the event Seller receives a bona fide offer from a 1 , ) third party to purchase all or part of the Right of First Refusal Premises described herein, Seller shall give written notice thereof to Buyer. Buyer shall have ten (10) days after receiving written notice from Seller that Seller intends to accept the offer to notify Seller in writing that the Buyer will purchase the property upon the same terms and conditions set forth in the offer. Seller shall include a copy of the offer in the notice to the Buyer. 2. NotirF.~. Any notices, elections, payment or demand, permitted or required to be given or,made pursuant to this agreement shall be delivered personally or mailed by United States certified or registered mail, with return receipt requested, to the addresses hereinafter set forth. Such notice, demand or payment shall be deemed given or made when delivered personally or deposited in the United States mail in accordance with the above. The addresses of the parties hereto are as follows: , , ) Seller: Andover Economic Development Authority 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Buyer: Michael S. Casey 14168 Orchid Street Andover, Minnesota 55304 3. In the event the Buyer does not give written notice of their intention to purchase the Right of First Refusal Premises within the time period provided herein, the property may be conveyed to the third party, provided, however, if the terms of the offer are subsequently modified the offer must be resubmitted to the Buyer pursuant to the terms of this agreement. 4. The terms, conditions and covenants herein shall extend to, be binding upon and inure to the benefit of the heirs, personal representatives, successors and \ ) assigns of the parties hereto. 2 .:- ) ~ ) " / 5. All agreements herein contained shall survive the closing and shall bind the parties hereto subsequent to the closing of the sale pursuant hereto as fully as if new agreements were entered into at the time of said closing, a rule of law to the contrary notwithstanding. 6. Buyer's rights under this agreement shall terminate one year from the date of the execution hereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed on the day and the year first above written. SFII FR AIIYFR ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MICHAEL S. CASEY Michael S. Casey 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 , I STATE OF MINNESOTA ) 3 , \ / / 'j \j , , '- j' COUNTY OF ANOKA ) ss. ) On this day of , 2005, before me, a Notary Public within and for said County, personally appeared Michael S. Casey, , to me known to be the person described in and who executed the foregoing instrument and he executed the same as his free act and deed. Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 4 , , ) ~ ~ a ~ ~ a ~ ~ ~) ffi ~ a ~ ~ l, i I ~.'?1- ~'~.' i _ l;"' ~~ " ' l~ ,u.. c1J ["i" , i~L i-I>~- ub . of- ~~:.; 1 : ,. I ,:; !" ''': i-, ." :: : /::"i? J i~ I ~!i:(i ,~ lil"?( ~ k "'s"..,/d""~",,,~p/iJ,~,."IJ~("~ ]'~--../ ,":'; ~: t.u.: n~~ C';'8~ .~ .-J I.-~ M.t,.. OOS, -L -'--'~ ~ 11-L I I 8~:';".~.3'1:;8:: . ~~8~~~";'~~ " .' I ~ c; !----1. \ 'I'~I'-'^~ "...:,<, 'v,,' , I ~ ./""1........... . "..:..1'",v" , 8~ ';" /\? ~;;5e ! .~( ~ ~8S~~'v'i.~ (aL oN -ci'ioa------__l,LNnO:::l) ::: --.."...::----- --- :'-~ ~i~ n" 1I~-' ,', !~': .;1;5 jh 3;'';"CCo, ~~;~1~-=,: I. ~ ~ !~ I !' ~-~ ~!....;.:~.. . ; ~. 'C .' -:' I;Z;: r;;~: I ~~~ l.....~ ISJ It<, r~,. '0 I;'" I ~J~ " ~~ ~_~~r ,4J: I~ Ill: P' I ~: . <ij' I i , , , ., w~ 'Z-' ~~ C" '4.-,(, ,~ ,t ~ " :t ~ > : :-~ "-.'.. -0; ;;i i'i'~ it' ~~ ,~ I , I . 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WWW.CI.ANDOVER.MN.US EDA President and Board I;m D;okh"on, ",",,"'vo n;recto~ Will Neumeister, Director of Community Developmentd- CC: FROM: SUBJECT: Review Letter of Intent -- Play Ventures, Oppidan - Planning DATE: March 15, 2005 INTRODUCTION At the March 1, 2005 EDA rneeting the developers, Play Ventures of Minnesota, had received an indication from the EDA that work should continue on finding a site plan, ball field alignment and lot line ac!iustment. The intent was that there would be a plan brought forward that could enable the ball fields to be built and also allow enough room for their potential restaurant and building to be constructed on the corner lot at Jay Street/Hanson Boulevard. The attached drawing shows how in the past two weeks there have been adjustments made to the ball fields and also allows adequate room for Play Ventures to build the size and type of building that they are pursuing. '\ " ) DISCUSSION The staff and developer have been working together to make this happen, and it appears that the only other obstacle is to secure the services of an appraiser to value the parcel. Staff obtained two quotes on the work and it appears that the approximate cost to appraise two parcels (one on each side of Jay Street at Hanson Blvd.) will be $8,000. In discussing the methodology for appraising the site, the appraiser indicated that the appraisal will need to account for: 1.) Perpetual costs to insure the building on the site ac!iacent to the WDE landfill) 2.) Additional costs to build the structure to meet peA requirements; 3. Borrowing costs and whether a mortgage banker will loan money at competitive market rates on a building that is close to a landfill (that is still producing significant amounts of rnethane). The EDA needs to provide direction to staff on whether there is interest in pursuing obtaining an appraisal before a purchase agreement will be structured. ACTION REOUESTED EDA is requested to review the drawings and provide any further direction that is needed regarding working on the proposal from Play Ventures of Minnesota and discuss whether there is interest in moving forward to write a purchase agreement with the developers. No additional discussion is needed at this point related to the Oppidan letter of intent as nothing has changed since the last meeting. Respectfully submitted,_ ,I Will Neumeister ~ Attachments " Drawing of Ball FieldlBuilding Placement on Lot '. / Letter ofIntent from Play Ventures of Minnesota \ ~ ) i I I I I I I I I I ! , I ! I , I I .~-~~.. I i J , I , ,_/ ,_.----- .-- ........... '_.r"'~~~_~~~, , ." j > ..~..;, . ~ , .. ..,.. . -... .. . , . 'J '" t l i I ~ .1 .> .} i, .~ ,~ .' . .. .f " , , ..". . : , / . . ~~ l . ...~ "'.. '"". . ;~ , ~ " " ~ ,. I 1 . , . .. ;' .. > . '. .. ., ',' . '! ',. . .0. "., . .~ " '\ January 13, 2005 / Andover Economic Development Authority do Mr. James Dickinson City .Arlm;nistrator 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 four acres raw land, all on the following terms and conditions: Parcel Description 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 on!$2.5 .Per square foot over 4 acres, or $435,600.00. . . , .... _/ , "\ , , Buyer assumes seller ,..ill 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 grarling project. Building pad to be prepared to the buyers specifications for in-place fills, and suitable for standard foundation construction. Pavment of Purchase Price The Purchase Price, subject to adjustments, shall be payable by wire transfer of immediately available funds at Closing. Earnest Monev \ ) Wrthin 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 initial deposit in an interest-bearing account at the direction of Purchaser, with interest to be for the benefit ofPllrchaser pending completion cif the transaction or other termination . of the Purchase Agreement. 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 accroed 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. ) , '\ '-/ . \ \) , ) ,/ Acknowledged and agreed this _ day of City of Andover, Minnesota By: Printed Name: Title: .20_. i , '\ ,.-,/ 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. Pavrnent 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 initial deposit in an interest-bearing account at the direction ofPurcbaser, with interest to be for the benefit ofPirrchaser pending completion 6fthe transaction or othertermina1ion of the Purchase Agreement. Due Dilil!ence Purchaser will be afforded a. Due Diligence Period of 120 days from the date of deliver)>' 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. , , '-) J -- '1 '. / 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 represen1atives will be afforded reasonable access to the Property and to Seller's books, records and files relating to the ownership, development, maintenance, m~1i~e;ement 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 upda1ed survey of the Prpperty, which survey shall be current as-built, ALTNACSM Land Title Sutv'ey, 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 Armracy 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. , ./ 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. Oosine: and Prorations The closing will take place at 1-0:00 a.m.. at the offices of Title C.ompany on the 120~ day after the satisfaction of the conditions precedent outlined in Exhibit B of this document (or, ifsuch_~ 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. / \ / Confidentiality Each of the parties (and their respective agents and representatives) will keep the existence and-terms oftbis 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 (mc1uding without limitation. in the case of Purchaser, p~spootive 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.2reement Purchaser will deliver a draft Purchase Agreement to Seller as sl,)OD. as reasonably \ J 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. Assimment Seller understands and agrees that prior to the closing, the persons constituting Purchaser will assign their interest.? in the PurchaSe Agreement to a Minnesota limited liability company in which the persons coilstituting Purchaser will each own an interest. Intended Use The patti~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 '\ Non-Binding Letter of Intent / The parties acknowledge that this is a letter of intent only and is not intended to create and does not create 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 tra.nsaction Yours very truly, Play Ventures of Minnesota, LLC a to-be-formed Minnesota Limited Liability Company substantially owped and controlled by: , j '\ / , , ) Acknowledged and agreed this _ day of City of Andover, Minnesota By: Printed Name: Title: ;' .20_. '\ ,/ EXHIBIT A Documents for Inspection 1. Plans and specifications for the Property and over~ 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 s1lldies 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. ) / \ ) \ ) '. , , -' EXHIBIT B . Conditions Precedent to Closing 1. The construction and opening ofJay Street including sig>1~li7.ed intersections' at both Hanson and Bunker Lake Boulevard. - 2. The completion ofrough 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 Stonn 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. Preliminary Plat, Final Plat, and Commercial Site Plan Approval from the City of Andover. F \ ,~ "- , ) cv 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 ~ Jim Dickinson, Executive Directo~ Will Neumeister, Director of Community Development a,/L. CC: FROM: SUBJECT: Update on Land ExchangelPovlitzki -- Planning DATE: March 15, 2005 INTRODUCTION The City Attorney has prepared the land exchange agreement and we are awaiting the signature of Brad Povlitzki to complete the exchange of land. Refer to the attached drawing to see the land that is being exchanged. As you will recall also included in the land exchange (in the form of an easement) is a small triangular area that is needed for streets and utilities for Jay Street construction (that is about 522 square feet in size). DISCUSSION The goal is to have the exchange completed in next week to allow the final plat to be recorded with the land involved with the exchange shown on the final plat. ACTION REOUESTED This is an update only, no action is needed. Previous authorization by EDA was given on March 1,2005. Respectfully sUbmittk Will Neumeister Attachments Drawing showing land to be exchanged Property Exchange Agreement (with legals) \ ) , ':. ~ .. ;: , -< ",,,,- ~~-~ ~..:::- ~"> (t JJ~ 'S1:_r ,~... ,. ~'<1: J'l' a -.: ld, ..'& ~s < .. " .. " " ,~ < ~" a i:: ~ CI) , ffi :s a ~ ~ / --- - - , :t ~ ~'!P -~ " . , .....---- , . l1~! Iq- I.. '"c ~J ! ~~ .I ..:~ :! t~ ?f~ ~, .,1 ~~ . 7.- . ~,r6?r."r c. ...~ ; ~~ \ c~ , ?oj I :; ~i ~I I ~ l .~ ~'i~ , 1 i ii: ~:' ' ~.~ I 'S~ ~i-~ ~ ~~: :Ii ~-, 1: ~...- !-'., ~~J ~ !~ ~~ ~~ ~!.."~~"- ~.' o' ,;a: , ~ '-'.......... " , ~ _ ~es~~ ~ ~~ , . e. ~2~~:f ~ . , .~ ~ ~ ~z~~~ z ~ - :5Vl ~ ~ - gOi ~ ~- Q= iO " .t, ~ ~/.~C < g :~ . ~ ~~:i~ t ~61' 2",,::.;;:: ~ ~ ~- ~ ~~~~?t ::: , .~u ;; z :5~i ~ ~~~~ 3 . b b , " ~ ~z< .0 !; \ I , I I I I '-.:r."~:- , -, ...,' "Z-" ~... b- ':r..\ ~. \1- , C\I --<II>- {O~_+ I '?O --- , 6>_ " ....0/ -<>.., / <? o I I L___ I, '\""" N ~ l ~; ~~I J.II(il..,x.. '- --- -. ........-j ~ I $,:' t", ~ , ~ i - ~ '\""" iF \D ~ <: ~~ r-O Cl~ z :s ~ ,- M ~ i --..." '" ~ ! ~ .:<n., ;;7;,,:1 ',1- '~"-~,___ ._.,~. II 6lrE/tn I I,' , M.;-q.fLOOS;. .'" .~. ;':, ,0 '~/I ~i r '~:~:~.I .:;!......., :>:';': s._ . !~ . i:j .! ....". I Cll,~ I.......... ~:~ I _~__ r; "i:. ~ .,........ :" ,"'.,.,"''''.J "'.,1 _'''''~' :, ) , '\ .~ - / '\ I J PROPFRTY FXCHANGF AGRFFMENT 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. Consideration. In consideration of the covenants herein contained the EDA agrees to conveyor 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. Closing Date. 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. Real Fstate Taxes and Special Assessments. Real estate taxes due and 1 ) 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. Iitle. The Economic Development Authority and the Owner after approval of this Agreement (as described in Section 11 below), will each fumish 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 . \ I made, the other party shall be allowed 120 days to cure the objection(s), during which "-j 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. Notic-.e!';. All notices required herein shall be in writing and delivered 2 / \, 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. Minm'!sota I aw. This contract shall be governed by the laws of the State of Minnesota. 7. Warranties. EDA and Owners represent to each other as follows: To the best of their knowledge, that they will be lawfully seized in fee simple of the property in which they are conveying. 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. That EDA and Owners have no unrecorded agreements described herein effecting the property that they shall convey to the other. Neither party will commit waste or materially damage the property that they are conveying to the other. 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. a. b. ) c. d. e. 8. Well and Fuel Tank Disclosure. 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. r "\ ,-~ 9. Individual Sewage Treatment System Disclosure. Each party certifies to the other that there are no individual sewage treatment systems on or serving the property 3 , -", that they will transfer to the other and that no sewage is generated from or at the property , J they will transfer to the other. 10. Paymp.nt of Closing Costs. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction. 11. Contingenr<y. 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. SlJrvP.y ~nd Lot 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 , ) 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 Rrokers. 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 such party. The provisions of this Section 13 shall survive the closing or termination of this Agreement. 14. Rinding Effect. This Agreement shall inure to the benefit of and shall bind , \ I 'J Owners and City and their respective successors and assigns. 4 , ,-j . \ '-) '\ , ./ 15. COlJnterpartR, This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 16. Entire Agreement. ModifiC'.ation. 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. Severability If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such term shall not be affected thereby. 18. Survival' No Mer.ger. 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. Time of the FRRence. Time is of the essence under this Agreement. 20. Goveming I aw, This Agreement shall be governed by the laws of the State of Minnesota. 21. No Third Party BeneficiarieR. 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. 5 ) / \ 1 / " j IN WITNESS WHEREOF, the parties hereto have set their respective hands as of the effective date first written above. OWNERS: Povlitzki STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) This instrument was acknowledged 2005, by before me on Notary Public EDA: AUTHORITY ANDOVER ECONOMIC DEVELOPMENT 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 6 / " \.) CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA Board Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for March 15,2005 EDA Meeting DATE: March 15,2005 The Economic Development Authority is requested to review the supplemental material for the following Agenda Items: Accept Additional Item under Discussion Items Item #7a. Street Lighting on Jay Street (Supplemental) - Planning / \ , ~ Item Th. GolfTournaament Brochure (Supplemental) - Planning f- '\ , _/ , '\ \ j :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 ~ Jim Dickinson, Executive Director~' Will Neumeister, Director of Community Development ~ Dave Berkowitz, City Engineer'l>1)D CC: FROM: SUBJECT: Andover Station North Lighting Proposal (Supplemental))- Planning DATE: March 15,2005 INTRODUCTION The staff has a short presentation on a proposal from Connexus Energy for the lighting of Jay Street. DISCUSSION The staff will briefly present the three options.that range in cost from $61,766 to $117,229. ACTION REQUESTED The EDA is asked to hear the various options and give staff direction on the recommended lighting system. Attachment Lighting Proposal from Connexus . CONNEXUS@ ENERGY 14601 Ramsey Boulevard Ramsey, Minnesota 55303 763-323-2600 Fax: 763-506-9541 1-800-642-1672 www.connexusenergy.com info@connexusenergy.com , , '-_/ Your Community Energy Partner / Mr. Dave Berkowitz City of Andover 1685 Crosstown Bvd NW Andover, MN 55304-2612 March 14, 2005 Dear Mr. Berkowitz, I have prepared the following proposal with three different options to install roadway lighting at Andover Station North based upon our meeting on March 3, 2005. In addition to the initial installation, Connexus Energy will provide ongoing maintenance of the lighting system under our Energy and Maintenance rate. The installation costs shown below are a preliminary estimate prior to the final design by Connexus Energy's engineering department. ~J Option 1 27- 250 Watt HPS Roadway Shoebox fixture @ 30' Option 2 I 18- 250 Watt HPS Gardco Shoebox fixtures, Q ,SO 17- 100 Watt HPS Lumec Transit Decorative fixtures @ 20' Option 3 15- 250 Watt HPS Roadway Shoebox fixture @ 30' $91,911.00 $117,229.00 $61,766.00 The lights will be installed to utility specifications and will operate on a dusk to dawn schedule. The above installation costs are based upon our best practices. If job site conditions beyond our control prevent normal installation procedures, additional charges may be applied. The costs shown above are based on summer construction and do not include winter charges for work provided after November 1st. Material costs are subject to price increases from the manufacturers after 30 days. Connexus Energy will provide revised firm material costs, for prior approval by the city, upon request. I hope that this information is satisfactory for you. Do not hesitate to contact me if you have any questions. Leo Off Utility Services Representative Accepted by: \ ) \, ) '\ '- / ) ..... ~ ~ ~ ... CI) > 5 o .- J::t:: "'C... c:: J9 0 <(cnz -" ~I- It, -'----,""'-"--- r '-.:::'i:;>--~__._--J -'-1Y 'I. j II I: I I. : \:1 \;+ \. L\. \ l- t.) ~ c z o t.) Ii: z ...J o o ;:Ii ~.......... ---~~--~-_. " j en c.. :I: 1:0 Oil) .- C'l IE 0 ... U U"C III ... ell l'Il Oel "-"- :I: Il) -C'l ellC") ..cen jel "-"- (I) 1Il'_ --.... ;:,u_,... "CI'~ CJ C'l (1)'0__ .c ... uc.. en_ l!!< -m +.: 08 I: U ._ ,~ ..c E'o E .3d:cn @ :g ~G 8~ , , , , ) N < ~ ~ ~ ~ \ , J , \ j .... Q) >5..c: o ._ .... ""C........ C J9 0 <C(I)Z -, r_~ I" -,t..... . ~ -. a ,~ 'I. L --., ~ \ i i' \ ';- \ . \ 1 L\,.'; , -, ,---- '.. ...1..- ,j \".. r~ )~. - - en 'w a.. c: :t: f! c: 0 t- O It) :t: ~ N :E 0 .... u 3: u 'E tIl 0 CIl C'Cl 0 C C) .... CIl tIl 15 '3 - u 00 ..... 't:l I'~ .... .... 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WWW.CI.ANDOVER.MN.US TO: EDA President and Board Jm Dielcimon, Ex<CUtivo DUret~ Will Neumeister, Director of Community Development~ CC: FROM: SUBJECT: Golf Tournament Brochure(Supplemental))- Planning DATE: March 15,2005 INTRODUCTION The staff has selected a date for the 3rd Annual Business Appreciation golf outing. The staff would like EDA to review the attached brochure and provide direction if there is any issue with the date that has been selected. . " , '~ - / DISCUSSION The staff is looking for a great turn out this year, and would greatly appreciate any efforts EDA members are willing to make to approach Andover Businesses to join in on the fun at Greenhaven on Monday, June 20, 2005. ACTION REOUESTED The EDA is asked to give staff direction on the brochure and date that has been selected for the golf outing. Attachment Announcement for Golf Outing .' , ) :l-' ~lt') .i:JQ '\~Q .' N 00 ... 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'll O\() :::~ "'~K .~ <:l i:l:l U "- ~~ <::I <::I ::: <:l ~ .... ~ -s E3 ~ c:::L. ~ c::=:> U ~~ ~a s~ - -c ~~ <=> .. :u '-0 _~ Q rl h - City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 ~ " tJ] C N U) GO ~g -- :::s o a. c.... (I) c-:lo C U)w)> ii& all!. ~s: U)...Z III~~ )>c..C 111=" ~" I'VO -C)>O \,110 0::3 -C:::s< ~ Co ... a. (iJ:::sm I'VQ) (")c;;a 0'< -- Q) - D)-C/) 0 polo. -- 01 0 , :::s C D) '<