HomeMy WebLinkAboutPC84009 - 5/10/84 - 6601 Shingle Creek PkwyPLANNING CONEWISSION FILE CHECKLIST
File Purge Date -
FILE INFORMATION
Planning Commission Application No.
PROPERTY INFORMATION
Zoning:
PLAN REFERENCE
Note: If a plan was found in the file during the purge process, it was pulled for
consolidation of all plans. Identified below are the types of plans, if any, that were
consolidated.
0 Site Plans
Building Plans
Other: V/
FILE REFERENCE
Note: The following documents were purged when this project file became inactive. We
have recorded the information necessary to retrieve the documents.
Document Tv[)e Date Rancie Location
Agenda Cover Sheet: Planning Commission Agenda Book
Minutes: Planning Commission
Minutes: City Council
1212211,96,, "/8/�O
Resolutions: Planning Commission
Resolutions: City Council
Ordinances: City Council
City Vault
City Vault
City Vault
City Vault
City Vault
Historical Photographs: Planning Commission City Archieve
CITY OF BROOKLYN CENTER
'10N APPLICATION
PLANNING COHMI�J
Application No.. 84009
Please Print Clearly or Type
Street Location of Property 60*_Q1 �hincje Cret�k ParkuP4
Legal Description of Propert Tract G, R. L. S. 1564
Owner— Shingle Creek Land Com-any
Address 6707 Shingle Creek Par!!way Phone No. 560-2386
Applicant Lombar,� Properties
Address 625 Fourth Avenue South Suite 1550 'M6-21s. 55415 — Phone No. 34.3-0250 *
Type of Request: Rezoning
Variance
Special Use Permit
Subdivision Approval
x Site & Bldg. Plan Approval
Other:
Description of Request: Aooroval tO ��Uild 7 5,OCG sc. ft. office/,,�;arehouse buildinf-.
I
(Spec. 14)
The applicant requests processing of this application and agrees to pay to the -City of
Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition to the application fee described herein. Withdrawal of
the application shall not relieve the applicant of the obligation to pay costs incurred
prior to withdrawal. 1--y //�, I
Fee $ 100. QQ Applicant's �,ignature
Receipt No. 63928 Date:
PLANNING COMMISSION RECOMMENDATION
C_
Dates of P.C. Consideration: T�4 k1Q,
Approved Denied — this day of .19 subject to the
following conditions:
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved Denied this day of 19 YLI, with the following
amendment:
L;i er
P/I Form No. 18 (over please)
Planning Commission Information Sheet
Application Nos. 84009, 84010
Applicant: Lombard Properties
Location: 6601 Shingle Creek Parkway
Request: Site and Building Plan/Special Use Permit
Special Use Permit for Off -site Parking
The applicant requests site and building plan and special use permit approval to con-
struct a, 75,251 sq. ft. office -industrial building at 6601 Shingle Creek Parkway.
This application was reviewed by the Planning Commission at its May 10, 1984 meet-
ing. It was tabled with direction to the applicant to bring back a parking plan
reflecting 50% office occupancy and submission of a special use permit to allow
office tenants in the proposed building. The applicant has complied with these
requests.
The applicant has submitted a new parking plan providing a ramp over the northerly
portion of the central parking lot with 185 parking stalls on the upper level. The
installation of the parking ramp would reduce parking on ground level by 28 stalls.
The net addition brought about by the ramp would, therefore, be 157 stalls. The
Spec. 14 building, at 50% office occupancy, requires 227 parking stalls. The site
plan calls for 145 parking spaces to be provided on site, with the 82 remaining
spaces to be provided in the central parking lot and ramp. Commissioner Nelson
asked at the last meeting what the parking shortfall for the overall development
area would be. If Spec. 10, 12 and 14 are all 50/50, low-rise buildings, the
following parking could come about:
Parking Spaces
Building Total Required On -site Off -site
Spec. 14
227
145
82
Spec. 10
280
78
202
Spec. 11
152
50
102
Spec. 12
252
202*
50
Ramada
489
428
61
Total
1,400
903
497
*Not yet established in site design
These numbers indicate that Spec. 12 will only have 50 available stalls from the
central lot, 45 on the southerly Tract C and 5 from the upper level of the ramp.
It would seem appropriate that Spec. 14 take 20 stalls from the northerly Tract C,
as proposed, and 62 stalls from the upper level of the potential parking ramp. In
addition to the 112 spaces presently allocated to Spec. 10 from the central parking
lot, 118 are needed from the upper level if Spec. 10 is to be a low-rise building
and to make up for the loss of 28 stalls which would occur with the construction of
the ramp.
The landscape plan has also been revised to provide shade trees (4 Hackberry) along
the Shingle Creek Parkway greenstrip and to provide sod in most landscaped areas
immediately adjacent to the building.
Based on the new plans submitted by the applicant, it.is felt that the plan.s,.are gener-
ally in order and approval is recommended, subject to at least the following
conditions:
5-24-84 -1-
Application Nos. 84009, 84010 continued
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer, prior to the issuance of permits.
i
3. A site performance agreement and supporting f ' nancial guarantee (in
an amount to be determined by the City Manager) shall be submitted
prior to the issuance of permits to assure completion of approved
site improvements.
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all parking and driving
areas.
9. Plan approval acknowledges proof -of -parking for 82 off -site parking
stalls, at least 20 of which are to be located in the at -grade
central parking lot and up to 62 of which may be located in a
potential parking ramp. The applicant shall enter into a written
agreement with the City to install this parking ramp at the request
of the City and this agreement shall be filed with the property at
Hennepin County.
10. The Special Use Permit is subject to all applicable codes, ordinances
and regulations and any violation thereof shall be grounds for
revocation.
11. Special Use Permit approval acknowledges that up to 50% of the
occupancy of the building may be devoted to office use whether related
to an industrial use or not. Office occupancy of more than 50% of the
gross floor area subject to amendment of the Special Use Permit herein
granted and to the appropriate parking formulasof the City Zoning
Ordinance.
12. Issuance of building permits is subject to the filing of the R. L. S.
approved under Application No. 83046 being filed at the County.
13. The applicant shall submit a site performance agreement and supporting
financial guarantee (in an amount to be determined by the City Manager)
prior to the issuance of building permits to assure the completion of
the central parking lot.
5-24-84 -2-
Application Nos. 84009, 84010 continued
Application No. 84010
1. Special Use Permit approval acknowledges up to 82 off -site accessory
parking stalls on the central parking lot to the west of the site.
5-24-84 -3-
Planning Commission Information Sheet
Application No. 84009
Applicant: Lombard Properties
Location: 6601 Shingle Creek Parkway
Request: Site and Building Plan
The applicant requests site and building plan approval for an office -industrial build-
ing on a site to be addressed 6601 Shingle Creek Parkway. The property in question is
zoned I-1 and is bounded by Shingle Creek Parkway on the east, by the Spec. 11
industrial building on the north and by vacant industrially zoned land on the west
and south (this vacant land is presently planned for a central parking lot on the west
and restaurant sites on the south). The building is to be known as the Spec. 14
industrial building. The parcel of land on which it is to be built is legally de-
scribed,by a recent subdivision as Tract G of an as -yet -unnumbered Registered Land
Survey which is approximately 4.4 acres in area.
The proposed landscape plan calls for 11 Red Splendor Crab trees and 11 Spring Snow
Crab trees in the front greenstrip along Shingle Creek Parkway and in large land�
scaped islands bordering driveways to the north and south of the building. Some of
the Crabs along Shingle Creek Parkway will be changed to larger shade trees. There
are also numerous plantings proposed around the building. These include: Broadmoor
Juniper (46), Wilton Carpet Junipers (72), Prince of Wales Junipers (24), Red Bar-
berry (32), and Gold Drop Potentilla (20). There are also three (3) Black Hills
Spruce to the west of the building which will serve as partial screening of the
loading dock area. Underground irrigation is indicated in all sodded areas. Rock
mulch is scheduled in planting areas adjacent to the building and in a.�narrow,parking
delineator on the south side of the site.
The grading plan calls for water to drain mostly toward the outer edges of the site
except for the loading dock area on the westerly portion of the site. Drainage
from the east side of the site will be conveyed via storm sewer to City storm sewer
in Shingle Creek Parkway. Drainage from the west side of the site will be conveyed
via private storm sewer westerly to Shingle Creek.
The proposed building is a u-shaped, low-rise (12' high ceiling rather than 20' to
26') office -industrial building. The exterior will be face brick on all sides of the
building, except in the loading dock area, which will be scored concrete block in a
color to match the brick. The loading docks are to be located inside the "U",
hidden from view from the street and most neighboring establishments. The plans note
that the building will be equipped with an automatic fire extinguishing system to
meet N.F.P.A. standards and that rooftop mechanical equipment shall be screened.
Security lighting is indicated on all sides of the building about every 50' to 75'.
No other site lighting is indicated.
The main issue to review with the proposed application is parking. The proposed
building is 75,250.8 sq. ft. in gross floor area. The applicant proposes a mix of
20% office and 80% warehouse use. This results in a parking requirement of 15,050.1
sq. ft. office 1 200 = 76 spaces, plus 60,200.7 sq. ft. warehouse -*. 800 = 76 spaces
for a total of 152 required spaces. The site plan provides for 145 spaces on site
and 20 additional spaces off -site on the central parking lot to the west for a total
of 165 spaces. This total would allow a potential office occupancy of about 25%.
Staff believe, however, that low-rise industrial buildings are much different than
the typical high -bay office -warehouse building. It is our recommendation that the
parking requirement be based on 50% office occupancy and 50% warehouse. This recom-
mendation is based on the following factors:
5-10-84
Application No. 84009 continued
a) Other communities in Hennepin County that have had construction of
low-rise industrial buildings say that office occupancy is in the
range of 50%-75% of gross floor area.
b) Tenants who are heavily into warehousing are more likely to seek out
high -bay buildings which offer more cubic area per square foot leased.
c) Low-rise buildings, on the other hand, tend to attract office tenants
and tech manufacturing firms which often produce goods that are small
in size, but use a fair amount of labor per sq. ft. of building space,
thus requiring more parking. Storage is a minor factor in building
utilization.
As a result of these factors, we believe that a special use permit should be required
for this type of building in the I-1 zone and that a parking requirement based on 50%
office, 50% warehouse is the minimum acceptable, especially since the 1 space/800
sq. ft. warehouse formula is probably inadequate for space that is predominantly de-
voted to manufacturing rather than storage. The parking requirement based on a 50/50
split is 37,625 208.8 = 180 plus 37,625 800 = 47 for a total of 227 spaces, 62
more than proposed by the applicant. The lack of parking stalls on the basis of
staff's calculations leads to consideration of a number of options:
1) Accept the proposal as submitted and require no special use permit.
2) Deny the plan as proposed.
3) Table the plan and ask the applicant to shrink the building and submit
an application for a special use permit.
4) Table the plan and ask the applicant to provide an expanded proof -of -
parking plan including at least 70 more spaces from the central
parking lot and submit an application for a special use permit.
Staff certainly do not recommend Option No. I and believe Option No. 2 can be avoided
if the applicant is willing to pursue either Option,No. 3 or No. 4. The applicant
has indicated to staff that he does not wish to shrink the building, but rather to
expand parking available to this use. To do so under the present circumstances
would require that the approval of the as-yet-unbuilt Spec-10 be rescinded and that
a substantial share of the parking presently allocated to Spec.10 be reallocated to
Spec. 14. This, however, would leave Spec. 10 with insufficient parking, even under
the old assumption for Spec. 10 of a high -bay building with 20% office and 80% ware-
house space. The situation is complicated by the fact that the applicant has in-
dicated to staff an intention of making Spec. 10 and Spec. 12 low-rise buildings as
well. Finally, the applicant is in an awkward position because subdivision and
ownership of the land in this area was, to a great extent predicated on the
assumption that a certain amount of building space was possible given a certain
amount of land. These assumptions just won't fit if the low-rise buildings bear
out the occupancy trend in other local communities.
The applicant has suggested that perhaps a parking ramp could be built if parking
demand reaches staff's expectations. A potential parking ramp was accepted by the
City for proof -of -parking purposes in the case of the Northwest Racquet and Swim
Club last year. Perhaps such an arrangement could be accepted in this area also
provided appropriate legal and financial guarantees were obtained. We would recommend
in addition, however, that the approval of Spec. 10 be rescinded and that no approval
of Spec. 12 be considered until the central parking lot is in place and functioning.
Because of these questions and concerns, staff recommend that the application be
tabled and that the applicant be requested to submit application for a special use
permit and new plans which comprehend sufficient parking based on a 50/50 ratio of
officg to industrial space.
5-10- 4 -2-
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SPEC 14
CITY
OF
BROOKLYN
C I
ENTER
January 30, 1990
Al Beisner
Beisner Ltd.
6100 Summit Drive
Brooklyn Center, MN 55430
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 5543%
TELEPHONE 561-5440
EMERGENCY - POLICE - FIRE
Re: Release of Performance Agreement - Parkway Place, 6601 Shingle Creek Parkway
Bond #B394460
Dear Mr. Beisner:
This letter is to inform you that the Brooklyn Center City Council
released the entire remaining obligation of your performance agreement
at its regular meeting of January 8, 1990.
Enclosed please find a copy of the minutes of that meeting pertaining to
your project, and the financial instrument held by the City to insure
completion of approved site improvements.
Thank you for your cooperation in this matter.
Yours truly,
Gary Shallcross
Planner
GS: ml I
Enclosures
-<,-4 fill
, A
CITY OF BROOKLYN CENTER Council Meeting Dide 1-8-90
Agenda ftern Nunber 90-
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Performance Guarantee Release
DEPARTMENT APJWMVAL:
Signature title Director of Plannin
MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report V.. Comments below/attached
SUMMARY EXPLANATION: (supplemental sheets attached
The following performance guarantee is recommended for release:
1. Parkway Place
6601 Shingle Creek Parkway
Planning Commission Application No. 84009
Amount of Guarantee - $40,000 bond
Obligor - Shingle Creek Land Company
All required improvements have now been installed on this project. Stop sign
and street sign are in at intersection of Shingle Creek Parkway and Parkway Circle.
Recommend total release.
Submitted by
Gary Shallcross
Planner
CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from
the consent agenda. Councilmember Pedlar requested item 12i be removed, and
Councilmember Cohen requested item 12a be removed from the consent agenda.
I
MAYORAL APPOINTMENTS - HUMAN RIGHTS AND RESOURCES COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Commissioners Donna Stoderl and Susan Larsen to the Human Rights
and Resources Commission. The motion passed unanimously.
PARK AND RECREATION COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Sarah Robinson Pollock, Art Mead, and Don Peterson to the Park and
Recreation Commission. The motion passed unanimously.
HOUSING COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Reynold Johnson to the Housing Commission. The motion passed
unanimously.
PLANNING COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to reappoint Molly Malecki, Ellamae Sander, and Bertil Johnson to the Planning
Commission. The motion passed unanimously.
WEED INSPECTOR
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to appoint Brad Hoffman as the Weed Inspector. The motion passed unanimously.
PERFORMANCE BOND RELEASE - PARKWAY PLACE
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to release the performance guarantee for Parkway Place, 6601 Shingle Creek
Parkway. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO, 90-01
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE-OFF UNCOLLECTIBLE CHECKS
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO, 90-02
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE-OFF UNCOUECTIBLE ACCOUNTS
RECEIVABLES
The motion for the adoption of the foregoing resolution was duly seconded by
1/8/90 -2-
CITY
OF
BROOKLYN
C I
ENTER
January 31, 1990
Lucille Ra.ynond, Bond Clerk
The Insco/Dico Group
333 Wilshire
Anaheim, CA 92801
Dear Ms. Raymond:
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
EMERGENCY - POLICE - FIRE
911
This letter is to inform you that the Brooklyn Center City Council released
the entire remaining obligation of Shingle Creek Land Company for the
Parkway Place building at 6601 Shingle Creek Parkway at the November 27,
1989 Council meeting. (Bond #B394460)
Enclosed is a copy of the minutes of that meeting.
Sincerely,
Gary Shallcross
Planner
GS:ml 1
CITY
OF
BROOKLYN
C I I
ENTER
June 9, 1987
Bob Dunbar
James Richardson & Sons
1 Lombard Place
Winnipeg, Manitoba, Canada R3B OYI
Dear Mr. Dunbar:
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
EMERGENCY - POLICE - FIRE
911
This letter is to inform you in writing that the Brooklyn Center City Council
authorized a reduction from $85,000 to $40,000 in the amount of your performance
agreement at its December 22, 1986 regular meeting. The original bond will be held
by the City until you submit a new financial instrument or a rider signed by
authorized representatives of your firm and the bonding company.
I am enclosing a list of those financial instruments which are acceptable to the
City. A status report for the project describing the remaining improvements has
been sent. A copy of the City Council minutes pertaining to the reduction are also
enclosed.
If you have any further questions, please contact me. Thank you for your
cooperation in this matter.
Sincerely,
Gary Shallcross
Planner
GS:mll
Enclosures
N6 ALL-AWRKA
I:CITY
OF
BROOKLYN
I
C ENTER
June 9, 1987
Canadian Insurance Company of California
3350 Harbor Blvd.
Costa Mesa, CA 92626
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
Re: Bond No. B39440 (Shingle Creek Land Company)
To Whom It May Concern:
TELEPHONE 561-5440
EMERGENCY - POLICE - FIRE
911
This letter is to inform your company in writing that the above -referenced bond was
authorized for reduction from $85,000 to $40,000 by the Brooklyn Center Council at
its regular meeting on December 22, 1986. The obligor has been notified of this
change, but has submitted no new guarantee to us for the amount authorized., The
City will accept either a new bond or a rider signed by both the obligor and an
authorized representative of your firm.
A copy of this letter will be sent to the contractor.
If you have any questions regarding this matter, please contact me.
Sincerely,
Gary Shallcross
Planner
GS:mll
Enclosure
cc: Bob Dunbar
060 N
00'
mom
1 iw
PLANNING AND INSPECTION DEPARTMENT
CITY OF BROOKLYN CENTER, MN 55430
STATUS OF REQUIRED IMPROVEMENTS NOTICE
TO: Bob Dunbar
James Richardson & Sons, Inc.
I Lombard Place
Winnipeg, Manitoba, Canada R3B OylDate: June 4, 1987
Site Location: 6601 Shingle Creek Parkway
Amount of Performance Guarantee: $ 85,000 reduceg tg $40, 00
Application No. 84009
Approval Date: June 11, 1984
The City holds a Site Performance Agreement and Financial Guarantee for
required improvements at the above site, which has been recently inspected as
to compliance with approved plans, conditions of approval, and applicable
ordinance requirements.
The following improvements must be completed or corrected before release
of the financial guarantee can be made. Please notify this office, in writing,
when the work is finished so another inspection can be arranged.
Please direct questions to this office. (612) 561-5440.
DESCRIPTION OF REMAINING IMPROVEMENTS OR CORRECTIONS:'
Landscaping: Completed as approved.
General Site Improvements: Completed as approved.
Other Items: An as -built utility survey documenting exact location of utilities
relative to property lines and corners and City utilities must be
submitted.
�lso, The flowage way to Shingle Creek must be completed prior to final
release of this guarantee.
If you have questions regarding this matter, please contact me.
S i ncerel y,
Gary Shallcross
Planner
GS: ml 1
P/I Form No. 31
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Gary Shallcross, Planner
DATE: December 17, 1986
SUBJECT: Performance Guarantees
The following performance guarantees are recommended for release or reduction, as
specified.
1. Shingle Creek Business Center site (grading
Freeway Boulevard and Shingle Creek Parkway
Planning Commission Application No. 83045
development)
Amount of Guarantee - $50,000 bond
Obligor - Shingle Creek Land Company
of hill)
(separate guarantee for Ramada
The regrading of the large mound of fill material at Freeway Boulevard and
Shingle Creek Parkway has been completed. Viable turf has not been
established, however. Nevertheless, a separate guarantee of $19, 000 has been
submitted to the Engineering Department for this and other work associated with
an earlier subdivision of the property. Since that guarantee is of a more
appropriate amount, I would recommend that the above guarantee be released.
2. RCM Plaza
6701 Parkway Circle
Planning Commission Application No. 84033
Amount of Guarantee - $65,000 bond
Obligor - Shingle Creek Plaza II Partners
Site improvements for this project are very nearly complete. Some parking
stalls must still be striped and the area west of the building must be landscaped
according to plan. In addition, the owner of the property must execute an
agreement for the installation of proof -of -parking stalls upon a determination
by the City that such stalls are necessary for the proper functioning of the
site. I recommend total release of this guarantee upon submission by the
obligor of the proof -of -parking agreement and a letter acknowledging that
release of the bond for Parkway Place will be subject to completion of remaining
striping and landscaping.
3. Parkway Place
6601 Shingle Creek Parkway
Planning Commission Application No. 84009
Amount of Guarantee - $85,000 bond
Obligor - Shingle Creek Land Company
Site improvements for this property are complete. However, the conditions of
approval require submission of an as -built utility survey and completion of a
flowage way emptying into Shingle Creek which was required by a previous
subdivision of the property. The as -built survey is being completed.
Recommend reduction of the bond from $85,000 to $40,000.
Approveeb'y
0
PERFORMANCE BOND REDUCTION - PARKWAY PLACE
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis
to reduce the performance bond from $85,000 to $40,000 for Parkway Place, 6601
Shingle Creek Parkway. The motion passed.
RESOLUTION NO. 86-201
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR
DELIVERY OF TWO (2) 28,000 GVW CAB AND CHASSIS
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis
to approve the following list of licenses:
BOWLING ALLEY LICENSE
Earle Brown Bowl
CIGARETTE LICENSE
Marc's Big Boy
Brookdale Ford
Brooks Superette
Budgetel Inn
Canteen Company of Minnesota
FMC
Chuck's 365
M & S Drug Emporium
Earle Brown Bowl
Holiday Inn
Ideal Drug
Jerry's Brookdale Super Valu
Jimmy Jingle
Brookdale Corporate Center
Palmer Lake Plaza
Service America Corporation
Dayton's
Graco
MTC
Snyder Brothers Drug
Theisen Vending Company
T. J. Applebee's
Chuck Muer's Restaurant
Ramada Hotel
T. Wright's
Thrifty Scot Motel
Bill West Union 76
Total Petroleum, Inc.
Wes' Amoco
Woodside Enterprises
12-22-86 -2-
6440 James Circle
5440
Brooklyn Boulevard
2500
County Road 10
6800
Humboldt Avenue N.
6415
James Circle
6300
Penn Avenue S.
1800
Freeway Boulevard
1505
69th Avenue N.
5900
Shingle Creek Pkwy.
6440
James Circle
1501
Freeway Boulevard
6800
Humboldt Avenue N.
5801
Xerxes Avenue N.
1304
East Lake Street
6300
Shingle Creek Pkwy.
6860
Shingle Creek Pkwy.
7490
Central Avenue NE
Brookdale Center
6820
Shingle Creek Pkwy.
6845
Shingle Creek Pkwy.
Brookdale Center
3804
Nicollet Avenue S.
Brookdale Center
2101
Freeway Boulevard
2200
Freeway Boulevard
5800
Shingle Creek Pkwy.
6445
James Circle
2000
57th Avenue N.
6830
Brooklyn Boulevard
6044
Brooklyn Boulevard
11889 65th Avenue N.
DIPARTMLN17 QFAANNING AND INSPECTION
CITY OF BROOKLYN CENTER
PERFORMANCE AGREEMENT
File No..84009
This Agreement is entered into by Shingle Creek Land Coinpany hereinafter
called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws
of the State of Minnesota, hereafter called the City.
THE WORK
The Developer has received approval of its Development Plans by the City Council of the
City (pursuant to City Ordinances), subject to the execution of this Performance Agreement,
pursuant to the City Council approval of June 11. 1984 and in accordance with said
Development Plans all of which are made a part hereof by reference. In consideration of such
approval, the Developer, its successors and assigns, does covenant and agree to perform the
work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set
forth, upon the real estate described as follows: Tract G, R.L.S. 1572
The Work shall consist of the improvements described in the Development Plans, in the
aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance
with all applicable Statutes, Codes and Ordinances of the City.
COMPLETION DATE
The undersigned Developer agrees that the said Work shall be completed in its entirety
on or before the ist day of SeRtember -_ 19 85 , and no extension of time shall be valid un-
less the same shall be approved in writing by the City Manager. Said extension of time shall
be valid whether approved by the City Manager before or after the completion date and failure
of the City to extend the time for completion or to exercise other remedies hereunder shall
in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time
actually granted by the City Manager work any forfeiture of the City's rights hereunder. It
shall be the duty of the Developer to notify the City of completion of the Work at least 10
days prior to the Completion Date and to call for final inspection by employees of the City.
MAINTENANCE
The Performance Agreement, in its entirety, shall remain in full force and effect for a
period of one year after actual completion of the Work to determine that the useful life of
all Work performed hereunder meets the average standard for the particular industry, profession,
or material used in the performance of the work. Any work not meeting such standard shall not
be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the
Developer by the Director of Planning and Inspection of the City.
FINANCIAL GUARANTEE
The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash
escrow, a bond issued by an approved corporate surety licensed to do business in the State of
Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved
by the City Managerof the City, in the amount of $85,000.00 . Such Financial Guarantee shall
continue in full force and effect until the City Council shall have by motion approved and
accepted all of the Work undertaken to be done, and shall thereby have released the Surety
and/or Developer from any further liability; provided however, that the City Council may by
motion reduce the amount of the Financial Guarantee upon partial completion of the work, as
certified by the City Manager. Such Financial Guarantee shall be conditioned upon the full
and faithful performance of all elements of this Agreement and upon compliance with all
applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the
following provisions which shall be deemed to be incorporated in such Financial Guarantee and
made a part thereof.
NOTICE
The I City shall be required to give prior notice to the corporate surety and the Developer
of any default hereunder before proceeding to enforce such Financial Guarantee or before the
r.ity undertakes any work for which the City will be reimbursed through the financial Guarantee.
'..Iithin 10 days after such notice to it, the surety shall notify the City in writing of its in
tention to enforce any rights it might have under this Performance Agreement or any Performance
i.ond by stating in writing the manner in which the default will be cured and the time within
w,hich such default will be cured, said time not to exceed 60 days unless approved by the City
(over please)
R[MEDIES FOP. PREACH
I
At any time after the Completion date and any extensions thereof, or during the Maintenanc(
Period. if any of the work is deemed incomplete, the City Council may proceed in any one or mor4
of the following ways to enforce the undertakings herein set forth, and to collect any and all
overhead expenses incurred by the City in connection therewith, including but not limited to
engineering, legal, planning and litigation expenses, but the enumeration of the remedies here-
under shall be in adjition tu any other remedies available to the City.
1) Completion by the City. The City, after notice, may proceed to have the Work
done either by contract, by day labor, or by regular City forces, and neither
the Developer nor the Corporate Surety may question the manner of doing such
work or the letting of any such contracts for the doing of any such work.
Upon completion of such Work the Surety and/or the Developer shall promptly
pay the City the full cost thereof as aforesaid. In the event that the
Financial Guarantee is in the form of a Performance Bond, it shall be no
defense by the Surety that the City has not first made demand upon the
Developer, nor pursued its rights against the Developer.
2) Specific Performance. The City may in writing direct the Surety or the Developer
to cause the Work to be undertaken and completed within a specified reasonable
time. If the Surety and/or the Developer fails to cause the Work to be done
and completed in a manner and time acceptable to the City, the City may proceed
in an action for Specific Performance to require such work to be undertaken.
3) Deposit of Finacial Guarantee. In the event that the Financial Guarantee has
been submitted in the form of a Performance Bond, the City may demand that the
Surety deposit with the City a sum equal to the estimated cost of completing
the work, plus the City's estimated overhead expenses as defined herein, in-
cluding any other costs and damages for which the Surety may be liable hereunder,
but not exceedinq the amount set forth on the face of the Performance Bond,
which money shall be deemed to be held by the City for the purpose of reimbursing
the City for any costs incurred in completing the Work as hereinbefore specified,
and the balance shall be returned to the Surety. This money shall be deposited
with the City within 10 days after written demand therefor, and if the Surety
fails to make the required deposit within 10 days, the City shall have the right
to proceed against the Surety with whatever legal action is required to obtain
the deposit of such sum.
4) Funds on Deposit. In the event that the Financial Guarantee is in the form of
cash, certified check, or other arrangement making the Financial Guarantee im-
mediately accessible to the City, the City may, after notice to the Developer,
deposit the Financial Guarantee in its General Account. The City may then pro-
ceed to complete the Work, reimburse itself for the cost of completion as de-
fined hereunder, and return the balance to the Developer.
PROCEDURES
A copy of this Performance Agreement shall be attached to the Corporate Surety Bond,
if any, and reference to this Performance Agreement shall be made in any such bond, but no
corporate surety shall assert as a defense to performance hereunder, any lack of reference
in the bond to this Performance Agreement.
The original and two copies of this Agreement, properly executed, together with the
appropriate Financial Guarantee shall be submitted to the City.
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this 9th
day of August. - 19 84
Wi tness
Wi tness
Subscribed and sworn to before me this
gth day of Atij3tiSt.=::j , � /l ?, -
Zoning Official
JUDITH A. BRIGHT
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
1.-4. my
commission Expires Sept. 14, 19B7,
P/I �Srm No. 23 Rev. 6-77
MEMORANDUM
TO: File, 6601 Shingle Creek Parkway
FROM: Gary Shallcross, Planner
DATE: November 20, 1986
SUBJECT: Hennepin County Community Health
The Hennepin County Community Health Clinic in Parkway Place is a use acknowledged
under the original special use permit approval of Planning Commission Application
No. 84009. That approval acknowledged an off ice -industrial use on the property
including office uses referred to indirectly in Section 35-330.3f. That
subsection refers to uses described in Section 35-322.1(a) through 1(j) as special
uses in the I-1 zone. These subsections include subsection l(d) which, in turn,
comprehends office uses in Section 35-320.1b through lu. These include uses listed
in subsection lc: "Medical, dental, osteopathic, chiropractic, and optometric
offices." The clinic use is, therefore, comprehended as a special use in the I-1
zone and is, in turn, comprehended in the special use permit approval for off ice uses
under Application No. 84009. A copy of a letter to Lombard Properties describing
the operation is contained in the building permit file.
The only concern raised by the clinic use that is not raised by other office uses is
parking. Clinics require parking at a rate of one space per 150 sq. ft. whereas
general office uses require one space per 200 sq. ft., depending on the size of the
off ice building. The clinic, therefore, requires more parking for the same floor
space. This additional parking has been taken into account in the off -site
parking special use permit approved under Application No. 86034. The effect of
that approval is to require additional proof -of -parking spaces in the potential
ramp above the central parking lot to serve the Shingle Creek Business Center.
Since the City holds a substantial guarantee for the construction of that ramp, I see
no problem in processing the permit in the normal fashion.
CITY
OF
tOOKLYN
C ENTER
October 29, 1985
Judith Bright
Lombard Properties
625 Fourth Avenue South
Suite 1550
Minneapolis, MR 55415
Re: Zoning verification for Parkway Place
Dear Ms. Bright,
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
This letter is to certify to you in writing that the development known as Parkway
Place located at 6601 Shingle Creek Parkway on the parcel of land described as
Tract G, R. L. S. 1572 is zoned I -I (Industrial Park) and is a special use in the
I -I zoning district. This development received zoning approval by the Brooklyn
Center City Council on June 11, 1984. Conformance with zoning requirements is
subject to an off-si - te parking agreement for the use of 37 parking stalls located
on an adjacent parcel described as Tract C, R. L. S. 1564 and 45 parking stalls
located on adjacent parcel described as Tract C, R. L. S. 1572. Also, office
occupancy of this development is limited to 50% of the gross floor area of the
building. Industrial/warehouse occupancy can be up to 100% of the building.
If you have any other questions regarding this matter, please contact this office.
Sincerely yours,
Gary Shallcross
Planner
GS/lm
t
cc: File No. 84009
Administrative Correspondence
I
'407/iz
DECLARATION AND CONTRACT
FOR THE CONSTRUCTION OF A PARKING FACILITY
SHINGLE CREEK LAND COMPANY
his Declaration and Contract is made as of this Tk
day of V _ r 1984, by and between SHINGLE CREEK
A �4± -
r
COMPANY, a neral partnership organized and existing under the
laws of the State of Minnesota consisting of Waybrook I, a
Minnesota limited partnership, and Lombard Properties Company, a
Minnesota general partnership, as general partners (hereinafter
called "Owner") , and the CITY OF BROOKLYN CENTER, a municipal
corporation (hereinafter called "City").
WHEREAS, the Owner is the owner of Tracts B and C,
R.L.S. 1564, and of Tracts A and G, R.L.S. 1572, files of the
Registrar of Titles, Hennepin County, Minnesota; and
WHEREAS, the Owner has submitted an application
numbered 84009 to the City for Site and Building Plan Approval
for a 75,251 square foot office and industrial building to be
constructed on Tract G, R.L.S. 1572 (hereinafter called the
"Subject Property"), together with an application numbered 84010
for off -site parking approval for the above -captioned Subject
Property upon Tract C, R.L.S. 1564; and
WHEREAS, the Site Plan submitted calls for a parking
ramp and a parking area consisting of a total of 497 parking
stalls to be constructed on Tract C, R.L.S. 1564 and Tract C,
R.L.S. 1572; and
WHEREAS, the Owner has requested that it be permitted
to build at this time 340 surface off -site parking places on
Tract C, R.L.S. 1564 and Tract C, R.L.S. -1572, with a net of 157
additional parking spaces to be constructed on Tract C, R.L.S.
1564 at some time in the future, and upon certification by the
City that a need for such spaces exists; and
WHEREAS, the City Council, on 1984, gave
preliminary approval to the Owner's reque§lt conditioned, inter
alia, upon the execution of an agreement for the future
construction of said parking ramp.
NOW, THEREFORE, the Owner hereby declares that the
lands situated upon Tract C, R.L.S. 1564 shall be held, sold, and
conveyed subject to the following covenants, conditions and
contract which are for the purpose of providing parking spaces in
accordance with the ordinances of the City of Brooklyn Center,
and which shall run with the land described herein and which
shall be binding on all parties having any right, title or
interest in the land so described, or any part thereof, their
heirs, successors and assigns, and which shall inure to the
benefit of the City.
CONSTRUCTION OF PARKING FACILITY. The Owner hereby
agrees to construct 185 additional parking spaces (a net of 157
after adjustment for surface spaces used in such construction),
contained in a parking ramp upon said Tract C, R.L.S. 1564, the
location, design and construction thereof being in accordance
with the Site Plan submitted and Brooklyn Center Ordinances in
effect at the time of the said construction.
TIMING OF CONSTRUCTION. The additional net 157 parking
spaces shall be constructed within one (1) year of notice of
certification by the City that the allocated portion of the 340
parking spaces then existing on the surface are inadequate to
accommodate parking of the motor vehicles of all persons using
the facilities which are constructed upon Tract A and Tract G,
R.L.S. 1572 and/or Tract B, R.L.S. 1564.
PAYMENT OF COSTS. Responsibility for payment of the
costs of construction of the 157 net additional parking spaces
shall be borne by the Owner.
DURATION. The covenants set forth herein shall run
with the land and shall be binding on all persons claiming
ownership thereunder for a period of thirty (30) years from the
date this Declaration is recorded. Thereafter, the covenants
shall be automatically extended for successive periods of ten
(10) years, but shall expire, in any event, upon the construction
of the parking facility by the Owner and inspection and approval
thereof by the City as shown in a recordable certification.
AMENDMENT OR DISSOLUTION. The parties retain the right
to amend or dissolve this Agreement by mutual consent upon any
change of circumstance deemed sufficient by the parties, their
heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this Declaration on the day and year indicated below.
CITY OF BROOKLYN CENTER
M-dyor Dean Nyquist
DATED: 1984.
- 2 -
PA"CIA K. KOLST AD
N,--,-, AF�Y P,�-LIC - MiNNESOTh
COUNTY
my cl- E n-�t. 14, 10PG
DATED: A,
1984.
Subscribed and sworn to before
me this 6�k day of
1984.
Notary P-6blic
SHINGLE CREEK LAND COMPANY,
a General Partnership
- 3 -
By Waybrook I,
a Limited Partnership
BY The Greendale Company,
a Minnysota corporation
By -
Its
Vr
General Partner
AND Lombard Properties
Company, a General Partnership
BY Brooklyn Development
Company, a General Partnership
BY Richardson Properties,
Inc.
By
Drafted By
DORSEY AND WHITNEY
510 North Central Life Tower
445 Minnesota Street
St. Paul, Minnesota 55101
- 4 -
AND Panis, Inc.
By
Genera-1--Partners
AND Brooklyn Investment
Company, a General Partnership
BY Richardson Properties,
Inc.
By
AND Panis Inc.
By(��
General Partners
GENERAL PARTNERS OF SHINGLE
CREEK LAND COMPANY
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this I St day of August 1 1984, by H. H. Adams r
the --V—ice President of T-h e Greendale Company, a Minnesota
corporation, on behalf of the corporation as general partner of
Waybrook I, a Minnesota limited partnership as general partner of
Shingle Creek Land Company, a Minnesota general partnership.
- ----- Poo### - - -----
JUDITH A. BRIGHT
NOTARY PUBLIC - MINNESOTA]
HENNEPIN COUNTY
ASP... My Commission Expires Sept, 14,1987
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
Judith A. Briahtd'zz�f//Iez.14
Notary lic
The foregoing instrument was acknowledged before me
this 1 st day of August , 1984, by Q. P. Leaney r
the President of Richardson Properties, Inc. , a Minnesota
corporation, on behalf of the corporation as general partner of
Brooklyn Development Company, a Minnesota general partnership as
general partner of Lombard Properties Company, a Minnesota
general partnership as general partner of Shingle Creek Land
Company, a Minnesota general partnership.
---------------------
------------ ---------
JUDITH A. BRIGHT
-X NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
Commission Expires Sept. 14,19817
L
- 5 -
Judith A. B,r_i_2ht
Notary ffi - iblic
V
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 1 St day of August , 1984, by C. E. Sameluk I
the Dracirlant of Panis Inc. , a Minnesota corporation, on
behaf-f of the corporation as
Development Company, a Minnesota
partner of Lombard Properties
partnership as general partner of
Minnesota general partnership.
e�� "I
W
----------
JUDITH A. BRIGHT
ES
NOTARY PUBLIC - MINNESOTA
.,4W il, U TY
y HENNEPIN COUNTY
My Commission Expires Sept. 14, 1PJ87
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
general partner of Brooklyn
general partnership as general
Company, a Minnesota general
Shingle Creek Land Company, a
Judith A. Bright (Iz&d'zz�
Notary D�CjMl-ic-- 04
The foregoing instrument was acknowledged before me
this Is day o f August , 1984, by D. P. Leaney I
the President of RicEardson Properties, Inc. , a �iinnesota
corporation, on behalf of the corporation as general partner of
Brooklyn Investment Company, a Minnesota general partnership as
general partner of Lombard Properties Company, a Minnesota
general partnership as general partner of Shingle Creek Land
Company, a Minnesota general partnership.
Judith A. Brigh
Notary R65lic
V
- - - - - - - - - - - - - - t
JUDITH A. BRIGHT
NOTARY PUBLIC - MINNESOTA]
HENNEPIN COUNTY
My Commission Expires Sept. 14,1987
- 6 -
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrum
this I st day of August - I 19E
the President of Panis In
behalf of the corporation as
Investment Company, a Minnesota
partner of Lombard Properties
partnership as general partner
Minnesota general partnership.
JUDITH A. BRIGHT
NOTARY PUBLIC - MINNESOTA]
y
HENNEPIN COUNTY
My Commission Expires Sept. 14.1987
%
ent was acknowledged before me
4, by Q. E. Sameluk I
c., a Minnesota corporation, on
general partner of Brooklyn
general partnership as general
Company, a Minnesota general
of Shingle Creek Land Company, a
- 7 -
Judith A. Bright I 16&a,
Notary/public
DUPLICATE 6-22-84 6-26-84 7-13-84
SECOND AMENDMENT TO
EASEMENT AGREEMENT AND DECLARATION
THIS AGREEMENT, made and entered into as of the 13-th
day of August 1984, by and among SHINGLE CREEK LAND
COMPANY, a general partnership organized and existing under the
laws of the State of Minnesota consisting of Waybrook I, a
Minnesota limited partnership, and Lombard Properties Company,
a Minnesota general partnership, as General Partners
(hereinafter called "Land Company") and SHINGLE CREEK ELEVEN, a
general partnership organized and existing under the laws of
the State of Minnesota consisting of Richardson Properties,
Inc., a Minnesota corporation, Panis, Inc., a Minnesota
corporation, and Stonewood Company, a Minnesota general
partnership (hereinafter called "Eleven").
WITNESSETH THAT, WHEREAS:
A. All of the parties or their predecessors in
interest in ownership or control of the lands referred to in
Exhibit A attached hereto and made a part hereof have
heretofore entered into that certain Easement Agreement dated
as of the 5th day of February, 1981, filed of recoro as
Document No. 1414568, and that certain Amendment to Easement
Agreement and Declaration dated as of the 9th day of March,
1984, filed of record as Document No. 1572021, all for purposes
of creating certain parking, driveway and access rights upon
certain lands situated in the County of Hennepin and State of
Minnesota, more fully described therein both said documents
being collectively hereinafter called the "Easement
Agreement"); and
B. By mesne conveyances Brooklyn Development Company,
a Minnesota general partnership, Brooklyn Investment Company, a
LIV
Minnesota general partnership, and Richardson Properties,
Inc., a Delaware corporation, have caused all of their
interests in the lands subject to the Easement Agreement to be
transferred and conveyed to Land Company and Land Company now
owns fee title to all of said R.L.S. 15b4 except Tract A or
R.L.S. 1564; and Eleven now owns fee title to Tract A, R.L.S.
1564; and Land Company now owns fee title to all of Tracts A thru G,
inclusive, R.L.S. No. 1572; and
C. The parties have heretofore created, and desire
hereby to amend, certain common parking rights upon the surface
of Tract C of R.L.S. No. 1564 and to provide for the future
addition of a parking ramp of up to 185 parking stalls (a net
of 157 new parking stalls after adjustment for surtace stalls
displaced by construction of said ramp), as such ramp parking
plan is more fully designated upon Exhibit E attached hereto
and made a part hereof, and as such surface parking areas are
more fully designated upon the surface parking site plan
attached hereto as Exhibit E-1 and made a part hereof (said
parking area and ramp being hereinafter called the "Tract C ot
R.L.S. 1564 Parking Area"); all for the use and benefit of land
and improvements presently owned, or to be owned, by tne
parties as such ownership is more fully scheduled upon Exhibit
B attached hereto and made a part hereot; and
D. The parties have also heretofore created, and I
desire hereby to amend, certain common parking rights upon the
surface of Tract C of R.L.S. No. 1572, for the use and benefit
of land and improvements presently owned, or to be owned, by
the parties as such ownership is scheduled upon Exhibit 8
attached hereto and made a part hereof (said parkiny area being
hereinafter called the "Tract C of R.L.S. 1572 Parking Area",
having been referred to in the Easement Agreement, as amended,
as the "Tract C of the New R.L.S. Parking Area" prior to the
official designation of said New R.L.S.); and
E. The parties hereby wish to provide for an
allocation of all costs associated with both said parking areas
and all of said access driveways, including without limitation
all construction, operation, maintenance and repair thereof; and
F. To accomplish such allocations the parties desire
to provide in Exhibit B hereto the schedule setting forth all
allocations of parking rights and such costs and expenses
associated therewith; and the parties desire that said Exhibit
B may be further amended from time to time as further building
lots are developed and parking rights are allocated.
G. The parties hereby wish to amend said Easement
Agreement to the extent.the same is inconsistent herewith and
to preserve in full force and effect all other portions thereot.
NOW, THEREFORE, in consideration of the foregoing
premises, the mutual covenants and agreements herein contained
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by each of the
parties hereto, the parties agree and declare as follows:
1. ALLOCATIONS AND ENJOYMENT OF PARKING ON TRACT C of
R.L.S. 1564 PARKING AREA:
The parties hereby agree that the
allocation of parking and pro rata share of costs and expenses
upon the Tract C of R.L.S. 1564 Parking Area shall be as set
forth upon Exhibit B hereto.
2. ALLOCATIONS AND ENJOYMENT OF PARKING ON TRACT C OF
R.L.S. 1572 PARKING AREA:
The parties hereby agree that the
allocation of parking and pro rata share of costs and expenses
upon the Tract C of R.L.S. 1572 Parking Area shall be as set
forth upon Exhibit B hereto.
3. RESERVATION FOR FUTURE PARKING RAMP AND ACCESS
EASEMENTS FOR NEW PARKING IN THE AIRSPACE ABOVE TRACT C OF
-3-
R.L.S. 1564:
Land Company has, of even date herewitn, entere,:i
into that certain "Declaration and Contract for the
Construction of a Parking Facility" with the City of BrooKiyn
Center (hereinafter called "Ramp Agreement") contemplating in
accord with the provisions of said Ramp Agreement tne
construction at a future time of up to 185 parking stalls in
the airspace above said Tract C, R.L.S. No. 1564. Land Company
hereby reserves the right and easement to increase the totai
amount of parking located upon said Tract C, R.L.S. No. 1564 in
accord with said Ramp Agreement, including without limitation
upon said Tract C, R.L.S. No. 1564, and upon tne driveways
adjacent thereto as created in the Easement Agreement, (i) the
right of perpetual easements for reasonable access for corl-
struction, reconstruction, oj�eration, repair, and maintenance
purposes; (ii) grade level and below grade level support
easements for pilings, columns and other structural portions of
said parking ramp; (iii) airspace easements above grade levei
for use and occupancy of said ramp; and, in addition, (iv) all
parking stalls created and maintained pursuant to the Ramp
Agreement shall enjoy the same road and driveway access rights
available for the enjoyment by other parking stalls located
upon said Tract C of R.L.S. 1564 Parking Area as designated in
the Easement Agreement. In its use and enjoyment ot tne
easements herein set forth, Land Company shall not, however,
permanently obstruct or unreasonably intertere witia tne parking
and access easements created in the Easement Agreement and
shall take all reasonable steps to minimize any temporary
inconvenience to other benefitted parties arising out of the
construction, repair, maintenance, or reconstruction by Land
Company of said parking ramp or any other easement.
Upon completion of such a parking ramp pursuant to tne
Ramp Agreement, Land Company shall designate by written
-4-
amendment to Exhibit B hereto the allocations of ramp parking
stalls among the benefitted owners in such fashion as required
by the City of Brooklyn Center or, if no allocation is
specified by said City, then in an equitable fashion.
All capital and construction costs of every nature,
and all operating and maintenance costs including those types
of costs and expenses enumerated in the Easement Agreement as
to the surface parking areas, shall be shared upon a pro-rata
basis among the owners of Tracts A and G of R.L.S. 1572, or
other benefitted owners as shown on Exhibit B, in proportion to
the amount of parking in such ramp allocated to such owners.
The provisions of the Easement Agreement for payment,
reimbursement, and liens for securing payment of such costs and
expenses shall apply with equal force to all the aforesaid
obligations for payments of proportionate shares by the owners
of Tracts A and G, or other benefitted owners, who enjoy
parking ramp allocations.
4. LAND COMPANY'S ROLE IN MANAGING PARKING AND
EASEMENT AREAS: Land Company's rights and responsibilities for
operation and maintenance of the surface parking and all
appurtenant easements as set forth in Paragraph 3, Article I of
the —Easement Agreement as amended March 9, 1984, shall extend
to all surface and ramp parking and all appurtenant easements
whether located Upon Tract C, R.L.S. No. 1564, Tract C, R.L.S.
No. 1572, or otherwise.
5. SUCCESSORS AND ASSIGNS: This agreement shall run
with the land, and be for the benefit of and binding upon the
parties hereto, their respective successors and assigns,
including any mortgagees of the properties subject hereto upon
foreclosure, deed in lieu of foreclosure, or other acquisition
of ownership of any such property, but the parties hereto,
their respective successors or assigns, shall accrue and bear
-5-
personal liability for the performance of the obiigations ana
covenants set forth herein or in the Easement Agreement only
during such times that they own title to the respective tracts
of land herein described, and all such liabilities or
obligations incurred after any transfers thereof shall accrue
solely to the transferee.
6. EASEMENT AGREEMENT: The Easement Agreement snall
continue in full force and effect except as herein expressly
modif ied.
IN WITNESS WHEREOF, the parties hereto have causea
this Agreement to be executed all as of the day and year first
above written.
SHINGLE CREEK LAND COMPANY,
a General Partnership
By Waybrook I,
a Limited Partnership
BY The Greendaie Company,
a Minnesota corporation
By
Its
General Partner
AND Lombard Properties Company,
a General Partnership
BY Brooklyn Development Company,
a General Partnership
BY Richardson Properties, Inc.
y—
AND Panis Inc.
C�
By K� I _,q --- --- t - Xi i:
Gen��l -Vartners
T
AND Brooklyn �nvestment Company,
a General Partnership
BY Richardson Properties Inc.
By
AND Panis Inc.
B Y-�
General Partners
General Partners of Shingle
Creek Land Company
SHINGLE CREEK ELEVEN,
a Minnesota Generai Partnership
By RICHARDSON PROPERTIES, INC.
Its General Partner
B
Its
By PANIS INC., Its Generai Partner
B y
7C7-
By STONEWOOD COMPANY, its
General Partner
By WESTWIND PROPERTIES CORPORATION,
General Partner of Stonewood
Company
B y
Its
-7-
A - 62�
6 A. Carlson, 1ndividual
B
General Partner of Stonewood
Company
Robert 14. Carl -son, TN�
t
0 r4
d i 'ine r
ividual General Par
of Stonewood Company
a.*Z
A
MORTGAGEE'S CONSENT
The undersigned as Mortgagee pursuant to Mortgage
dated February 6, 1981, filed February 9, 1981, as Document No.
1414570 and as amended by document dated November 29, 1982,
filed December 10, 1982, as Document No. 1493185, hereoy agrees
to the creation of the above easements and subordinates its
lien thereto, but does not hereby agree to any personal
liabilities arising out of the foregoing.
FIRST NATIONAL BANK OF MINNEAPOLIS
B_
Its
Date: Auqust 13 1984
MORTGAGEE'S CONSENT
The undersigned as Mortgagee pursuant to Mortgage
dated February 6 , 1981 , f iled February 9 I_W, as Document No.
1414570—and as amended by document dated March q -P 19841
filed Apri 1 12 r 1984, as Document No. 1.972njq , hereny agrees
to the creation of the above easements and subordinates its
lien thereto, but does not hereby agree to any personal
liabilities arising out of the foregoing.
BROOKLYN DEVELOPMENT COMPANY
By
Its
Date: - Auqust 13 , 1984
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of August —, 1984, by Vathlppu A Drapn@
the Commercial Banking offiC rof First National Bank of Minne is,
a Minnesota corporation, on behalf of the corporation.
- ---- -------- Oz e�-
-b-lic
JUDITH A. BRIGHT
% Notary Pu
NOTARY PUBLIC - MINNESOTA 6//
Judith A. Bright
HENNEPIN COUNTY
My Cammi:;sion Expires Sept. 14,1957
J
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of August , 1984, by H. H. Adams
the Vice President of the Greendale Company, a Minnesota
corporation on behalf of the corporation as general partner of
Waybrook I, a Minnesota limited partnership as general partner
of Shingle Creek Land Co%jany, a Minnesota general partnership.
JUDITH A. BRIG
4NESOTA
NOTARY PUBLIC - M11'
Judith A. Bright
HENNEPIN COUNTY
my Commission Expires Sept. 14.1987 1", Not Public
't'- ��.A ?1efy
STATE OF MINNESOTA mi
) ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of _ August , 1984, by D. P. Leaney IF
the President of Richardson Properties Inc., a
Minnesota corporation, on behalf of the corporation as general
partner of Brooklyn Development Company, a Minnesota general
partnership as general partner of Lombard Properties Company, a
Minnesota general partnership as general partner of Shingle
Creek Land Company; and Brooklyn Development Company as
,,�:n"consenting mortgagee.
'TH' A
i 12D 6
Nr Judith A.
U1 ARY PUBLIC - ro
INNESOTA 't
K'E%IiNIEP(�4 COUNT NotpjrTublic
Y
COr-IM1,3sion Expires Sept. 14. lq�-,74
L STATE OF MINNESOTA Z
)
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of August , 1984, by C. E. Sameluk IF
the President of Panis Inc., a Minnesota corporation, on
behalf of the corporation as general partner of Brooklyn
Development Company, a Minnesota general partnership as general
partner of Lombard Properties Company, a Minnesota general
par tnersh ip as genera 11 artner of Shingle Creek Land Company.
JUDITH A. BRIGHT
t i NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY Judith A. Bri5zht
t a r �yP u b �li
87
Commission Expires Sept. 14, 191"
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of August — , 1984, by D. P. Leaney
the President of Richardson Properties Inc., a
Minnesota corporation on behalf of the corporation as general
partner of Brooklyn Investment Company, a Minnesota general
partnership as general partner of Lombard Properties Company, a
Minnesota general partnership as general partner of Shingle
Creek Land Company.
T A D11
SOTA
NOTARY PUBLIC - MINNa
Lz
NNEPIN COUN i'Y
Expires Sept. 14, 19-7
Corn,
Judith A. BriizhtQ446&'-.'
N o t&,- Public
01110M
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of Augu-j- 1984, by _ C -F
the of Panis Inc., a Minnesota corporation
on behalf of the corporation as general partner of Brooklyn
Investment Company, a Minnesota general partnership as general
partner of Lombard Properties Company, a Minnesota general
partnership as general partner of Shingle Creek Land Company.
JUD!T1-1 A. BR Judith A. Bri
N 'r— gh
0rA"y PUEXI MIN
C . ".1 ,A
H ,\I E p 1 1\4 Notar c
My Got' COUNTY y
P. 1 19 7
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13th day of Aiigil-,t- , 1984, by D. P. Leaney, President
of Richardson Propert-les Inc., a Delaware corporation, General
Partner of Shingle Creek Eleven, a Minnesota general
partnership, on behalf _9� the partners.
'37' -1T
P�JC,71` PUDLIG - MINNES07A
NEPIN COUNTY
fAyCor;i!-sion Expires Sept. 14, 1�'27
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
, I Ww A wo�7q_z �
_N 0_E��/y Public i�
The foregoing instrument was acknowledged before me
thi (Jay of , 1984, by
is 13tb A� qj-
President of Panis I?ic.-, a Minnesota corporat-1_o_n_,___o_n benalf: of
the corporation, as general partner of Brooklyn Investment
Company; Brooklyn Development Company; and Shingle CreeK Eleven.
Judith A Pyjqht
C_ ___1%6Ka(r- --Public
y
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this _L3,.h day of AjI5z11Qt- , 1984, by _ pa,xld FL K,,nj,
the of Westwind Properties_Coi�po_�a_EE6iF, a
Minnesota corporation, on behalf of the corporation as general
partner of Stonewcod Company.
OWT
_H A. BFi�GHT
JUD
NOTAFY PUDUG - MINNESC)TA
�TyjHENNEPIN COUNTY
My Commission Expires Sept. 14,198J7
Judith A. Brigmw 0�d
'n
N 101, 'd FT"'P u b 1 i c
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 13,b day of 1984, by carlp
,-the individual gener9l partner of Stonewood Company.
4
JUDIT
H A. BRIGHT
- M s
J! NOTARy PUBLIC I -NNE. OTA r3j t TZ-4
No�_a�ll ub-lic-
HENPNEPIN COUNTY 15
M-Y Cc-rnrni�;Lo, Exp';rn so
Pt. 14, lt��,7�
4W.STATE OF MINNESOTA A.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 1-b-h day of AinriiQt- , 1984, by Robert W. Carlson,
Jr., individual geneealWrtner of Stonewoo mpany.
JUIDI11-H A. DP-iGHT
NO "';,"'y PU,3L:f-
G-O,;NTY ublic
N o P
t 4, 1 '3 7
THIS INSTRUMENT WAS DRAFAD BY:
DORSEY & WHITNEY
510 North Central Life Tower
445 Minnesota Street
St. Paul, Minnesota 55101
-12-
LIST OF EXHIBITS
EXHIBIT
A
Lands in R.L.S. No. 1564 and
R.L.S. No. 1572 Owned By the
Parties
EXHIBIT
B
Schedule of Parking
Allocations
EXHIBIT
C
Intentionally deleted
EXHIBIT
D
Intentionally deleted
EXHIBIT
E
Site Plan
EXHIBIT
E-1
Site Plan - Central Parking
(Future Ramp)
-13-
EXHIBIT A
Lands in R.L.S. No. 1564 and R.L.S. No. 1572 Ownea by the
Parties:
Shinqle Creek Eleven:
Shingle Creek Land Company:
Tract A, R.L.S. No. 1564
Tracts B, C. R.L.S. No.
1564;
Tracts A thru G, inclusive,
R.L.S. No. 1572;
all according to the files of the Registrar of Titles, Hennepin
County, Minnesota.
-14-
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EXHIBIT E-1
Ad ill
a PA
W.
TT-1
0.01: 0.0:
CITY
OF
IL'OOKLYN
C ENTER
July 5, 1984
Mr. G. M. Uhde
U D Contracting
3825 85th Avenue North
Brooklyn Park, MN 55443
Dear Mr. Uhde:
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
EME RGENCY-PO LICE-F I RE
911
This letter is in response to your request for authorization to do soil correction
work on the site proposed for the Spec. 14 office/industrial building located at
approximately 6601 Shingle Creek Parkway. The property in question is located
along the westerly side of Shingle Creek Parkway, northerly of Freeway Boulevard.
The City Council approved Application Nos. 84009 and 84010 on June 11, 1984 which
comprehended an approximate 75,000 sq. ft. office/industrial building on the site.
Your request, as it has been explained to us, involves soil correction work on the
site and comprehends a 24 hour operation and the possible use of a crushing operation
at the location. We are not prepared to authorize a 24 hour operation in deference
to the two motels located at the southeast quadrant of Shingle Creek Parkway and
Freeway Boulevard. These operations are to some extent residentially oriented and
it is felt that a 24 hour operation may have an adverse affect on them.
Based on the information provided and our understanding of the project, please be
advised that you are hereby authorized to commence this soil correction operation
subject to all of the following conditions and considerations:
1 . This authorization does not imply, nor authorize any activity
other than the soil correction work. This authorization does not
commit the City to a future acceptance of either the work done
or the soil conditions created. These matters will have to be
addressed at the time plans for construction of the building are
reviewed and approved.
2. The owner of the property and his agents are responsible for
establishing an on -site drainage pattern that will prevent any
public safety problems such as deep pockets that allow standing
water or large unprotected holes.
3. The owner of the property and his agents acknowledge full
responsibility for correcting any drainage or interference with
the natural watershed that may result because of this operation.
"?/". Viale &Y "
Mr. G. M. Uhde
Page 2
July 5, 1984
4.. The owner of the property and his agents acknowledge full
responsibility for repairing damage to City boulevard areas
including curb or sidewalk caused by this soil correction
operation.
5. The owner of the property and his agents are responsible for
daily cleanup of spilled materials on City streets and the
immediate removal of any material from City streets that may
constitute a traffic safety problem.
6. The on -site grading done in conjunction with this soil correction
operation shall conform with the approved interim grading plan
which has been submitted in conjunction with the master grading
plan for this site as well as surrounding sites.
7. The required flowageway shall be constructed in conjunction
with this soil correction operation in accordance with the
provisions of an executed subdivision agreement between the
owner of the property and the City. Said floweageway is to
provide unobstructed overland flow of excess storm water from
the intersection of Shingle Creek Parkway and 67th Avenue,
westerly to Shingle Creek and shall include redevelopment of
the drainage ditch between the City's storm sewer outfall and
Shingle Creek.
8. The hours of operation for the soil correction activity shall
be limited to 6:00 a.m. and 10:00 p.m. with the use of any on -site
crushing operation limited to 8:00 a.m. to 6:00 p.m. Noise and
vibrations created by this operation shall be in conformance
with Minnesota Pollution Control Agency standards.
9. Any dewatering of the site done in conjunction with this soil
correction activity shall be in conformance with existing State
and local regulations, including the obtaining of any permits
from DNR if necessary.
10. If construction of the Spec. 14 office/industrial building does
not commence with the completion of the soil correction work, the
site will be graded to a 3 to 1 slope and be provided with top
soil and seed to control fugitive dust.
11. Copies of soils reports relating to the soil correction operation
shall be made available to the City Engineer.
12. Access to and from the site shall be only as approved by the City
Engineer.
Mr. G. M. Uhde
Page 3
July 5, 1984
If you have any questions or comments regarding the above, please contact us.
Si cerely,
Ronald A. Warren
Director of Planning and Inspection
Sy Knapp
Director of Public Works
cc: Gerald G. Splinter, City Manager
James P. Lindsay, Chief of Police
Al Beisner, Lombard Properties
File Nos. 84009 and 84010