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HomeMy WebLinkAboutPC88014 - 9/8/88 - 6100 Shingle Creek PkwyF_.4IiNG COMMISSION FILE Gam.,._. ��� File Purge Date: 95" FILE INFORMATION Project Number: 8801 '-1 PROPERTY INFORMATION Zoning: C 2 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. Site Plans • Building Plans • Other: 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 Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission q f8/8a Minutes: City Council 9191,68, Document TvAe Number Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council City Vault City Vault Location City Vault City Vault City Vault COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 88014 Please Print Clearly or Type Street Location of Property 6100 Shingle Creek Parkway Legal Description of Property Lot 2, Block 1, Shingle Creek Center Owner Target Stores Address 33 South 6th Street Minneapolis, MN. 55440 Phone No. 370-5841 Applicant As Above Address Phone No. Type of Request: Rezoning Subdivision Approval Variance XX Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Approval of stockroom addition to existing building 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� n Fee $ 250.00 v _F_ Off icant's Signature Receipt No. _ 78274 Date: S -2rp -YA PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved V Denied this day of 19 iS a, subject to the fnllnwinn rnnditinnsc CITY COUNCIL ACTION Dates of Council Consideration: Approved � Denied this 1�day of 19 �g with the following amendment Lie P/I Form No. 18 (over please) Target Stores 33 South Sixth Street P.O. Box 1392 Minneapolis, Minnesota 55440.1392 Telex No. 6879103 • August 9, 1988 Mr. Ron Warren City of Brooklyn Center. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Target Store, Proposed Stockroom Expansion Dear Mr. Warren: The Brooklyn Center Target Store has proven to be a success beyond our expectations, and we have outgrown the originally designed stockroom space. It is our request to construct a stockroom addition which, under the retail parking code, would be short of parking spaces. The Brooklyn Center Planning Staff has suggested that we might best approach the parking shortfall by classifying the existing stockroom area as "warehouse." Such a designation would credit the existing parking count with 80 spaces which could be applied to existing and proposed stockroom space. That credit would allow an additional 14,000 s.f.+ of stockroom to be added bringing the total stockroom space to 28,000 s.f.+. Planning Commission and City Council approval would be necessary for such a conversion. In the discussions with the planning staff, several concerns were raised which Target is willing to address as follows: 1. Through whatever legal documentation necessary, Target will encumber any future owner of the building to the same sales floor and stockroom areas as presently designated in the proposal. 2. Target will modify the existing yard agreement with the cooperation of Ryan Construction Company. 3. Target will require and enforce an employee parking restriction limiting such parking to the side and rear of the building. 4. Target will provide an area around the N.E. corner of the building (Summit Drive side) for storage of shopping carts in order to free up the sidewalk space in front of the store. 5. This development will not encroach on the designated "proof of parking" at the perimeter of the site. 6. The design and materials for construction will duplicate the existing structure. A Division of the Dayton Hudson Corporation i Target will be following up this letter with the appropriate submission materials for the September Planning Commission agenda. We are looking forward to continuing the constructive attitude generated through our initial meetings. since ck D. Fontaine Senior Vice President Target Real Estate JDF/bjw --- cc: Forrest Russell -- - Dennis Anderson - - Burt Shacter Ed Bierman 1 Planning Commission Information Sheet Application No. 88014 Applicant: Target Stores Location: 6100 Shingle Creek Parkway Request: Site and Building Plan The applicant requests site and building plan approval to construct a 13,650 sq. ft. stockroom addition to the Target store at 6100 Shingle Creek Parkway. The property in question is zoned C2 and is bounded on the north by Summit Drive, on the east by the Brookview Plaza Shopping Center, on the south by the Shingle Creek Center (attached), and on the west by Shingle Creek Parkway. The proposed stockroom addition insofaras it is accessory to retail sales activity is a permitted use in the C2 zoning district. Parking The main issue with respect to this application is parking. Basically, the applicant wishes to count new and existing stockroom space under the warehouse, formula rather than the retail parking formula. Presently, the entire building is required to have parking based on the retail formula which requires far more parking than the warehouse formula. If the existing stockroom is calculated under the warehouse formula only 18 spaces are required rather than 80 under the retail formula. The proposed addition would displace 45 parking stalls and require 17 additional spaces. Thus, the total required parking spaces for the stockroom space would be 35 stalls and, with the 45 displaced stalls, would just equal the 80 spaces that have already been provided under the retail parking formula. In addition, the plan calls for creating three new parking spaces over and above what is required. The existing Target store requires 631 parking spaces. If the proposed addition were calculated under the retail parking formula, the total required for the building would be 706 spaces. The proposed arrangement would result in a parking requirement of only 586. The differential is, therefore, 120 parking stalls. To assure that the stockroom area will never be used for retail space, Target will have to execute a restrictive covenant limiting the use of the stockroom areas to storage use only. The new storage room is needed because the existing stockroom is overloaded causing trailers to be parked outside for periods of a day or two. Trailer storage is prohibited and the stockroom expansion is certainly expected to alleviate the need to store trailers outside even for brief periods. Building The proposed building expansion is to have an exterior consistent with the existing building including a rounded corner at the northwest corner of the addition. A required exit way corridor will be constructed through the addition emptying out onto an 8' wide fire lane striped north of the building. An outdoor cart storage area is also indicated north of the existing building. As outside storage, this area should be screened by a 6' high masonry wall to match the existing building. The applicant should also protect the new north wall of the building from cars parked right up to it, perhaps with concrete planks or a narrow sidewalk. The dimension on the plan of 64' 6" would allow for a 4' 6" wide sidewalk with curb overlap on both sides of the aisle of parking. 9-8-88 -1- Application No. 88014 continued The building is at present beyond the size permitted for its construction type because of the property line where the building adjoins the Shingle Creek Center. To allow for this construction type, a restriction (prohibition) has been put on construction of buildings within 60' of the existing Target/Shingle Creek Center complex. This yard limit of 60' will have to be revised to reflect the new boundary of the building. Recommendation While we are reluctant to enforce zoning restrictions through restrictive covenants, we feel there are some beneficial side effects to allowing the proposed storage building. It should alleviate fire code violations within the building and the parking of trailers outside the building. There should also be a defined and screened area for outside cart storage, out of the way of pedestrians. We, therefore, recommend approval of this application, subject to at least the following conditions: 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The building addition 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. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The applicant shall execute a restrictive covenant limiting the use of the existing and proposed stockrooms to warehouse use only under current or new ownership. Said restrictive covenant shall be filed with the title to the property at the County prior to the issuance of permits. 8. The yard limit agreement prohibiting structures within 60' of the building shall be revised to reflect the proposed stockroom expansion prior to the issuance of permits. 9. The plans shall be revised prior to consideration by the City Council to indicate a minimum 4' high masonry wall screening the newly designated cart storage area. 9-8-88 -2- AP s 8mom r_ r� Y t or IT MU EMPLOYEE PARKIN •" i -? 210 }D PROPOSED STOCKROOM ADDITION L5 I / • �C � (N / � t+ __ 1 �� D � Q 0 V N ! I O O aND I D o'' '�bR� %�v� =rn Y r D Lp \ o, a � � � r m _ 1 I \ �� _ lo' — ��dro• 43'_4n�_ � 6('r." P' 7'0'. 75'.ou *:B'•o� .--1— �. rpn I�'' -'� \ s� \ , .� .� \ � .... ---I ---��Ltr•`'�f � `_� �+^p .- Y I vim' pr - J�7-. , -�-- r 16� co 110, All i`It 1 '1', m 1 ijC a1tl�lPc U �,;,nim � W r 1 _ ., il`�..r' � '•i..�=..o•`- n � .+ .�•o n.': I./ 6,�n1•dea-0�� 6�tM1?aP�bl ov a 1 ,� 1 � � 1;!Or �� z �� r �' O 1I --_�'' 4 1. i .L P',tr Ir )rp q s �•c;--I 'ITT mTf 1 4.1• Z ':111 / I'®j` LL. y _ j lo'I ♦� - -_ ,sue oT�C r 1 nLTi Ili ^r T9� ��i.i'1r11^Jl"l`yii•.In (^I' ,m •!1 \ �. � 0 1 1 i � �_..._ pa1Ps()m, a`l; 'TJrrU11 0 ')I},irSt'��a-.- L ra- ���� �,Si�°�'T'CO2� 'nr�, r� 11 yI-.v' 1"'• � S�k 1�`.,w., .—�__.� �i.-__rrim^��d�A1a r i i as 2'_�•— — Drive r 34 1 i I -- ------ Martin �n e DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN-CENTER PERFORMANCE AGREEMENT Dayton Hudson Corporation File No. 88014 This Agreement is entered into by Target Stores Division hereinafter called the Developer and the City of Brooklyn Center, a Municipa-V 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 September 19, 1988 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: 6100 Shingle Creek Parkway 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 1st _ day of November 1989 , 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 Manager of the City, in the amount of $10,000.00 ;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 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 City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within 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 Bond by stating in writing the manner in which the default will..be cured,.and the time within which such default will be cured, said time not to exceed 60 days: unless 'approved,,by the City. (over please) REMEDIES FOR GREACH 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 mor 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 addition to 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 exceeding 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. 1 elo er and the City have executed this Agreement this 18th day of t1 IN tness Dayton Hudson Corporation, A Minnesota Corporation, d/b/a Target Stores Ed ierman ce President - Target Stores Subscribed and sworn to before me this day of 19 12E;R - �`, r, ( ), __ Zoning Official BETH RUTHHRFORD NOTAfiV pUBLKiMIMME80TA HENNEPIN COUNTY M YCOMMWONEWME34-IM P/I Form No. 23 Rev. 6-77 FIRST AMENDMENT TO RESTRICTIVE COVENANT INSURING COMPLIANCE WITH SECTION 506(b) of the UNIFORM BUILDING CODE THIS FIRST AMENDMENT TO RESTRICTIVE COVENANT INSURING COMPLIANCE WITH SECTION 506(b) OF THE UNIFORM BUILDING CODE is made as of the °� rw day of Li, y e: (361 , 19_L�2 by RYAN CONSTRUCTIO COMPANY OF MINNESOTA, INC., a Minnesota corporation, hereinafter called "Ryan", and DAYTON HUDSON CORPORATION (formerly known as Dayton -Hudson Corporation), a Minnesota corporation, hereinafter called "Target". R E C I T A L S A. Ryan is the owner of Lot 1, Block 1, Shingle Creek Center according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Hennepin County, Minnesota. B. Target is the owner of Lot 2, Block 1, Shingle Creek Center, according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Hennepin County, Minnesota. C. Target and Ryan have previously entered into that certain Restrictive Covenant Insuring Compliance with Section 506(b) of the Uniform Building Code, dated December 6, 1985, and filed in the Office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1690367 (the "Restrictive Covenant"), whereby the parties agreed to maintain a Yard as defined in the Restrictive Covenant and as shown on the Site Plan attached to the Restrictive Covenant. D. Target desires to expand its building and to expand the Yard adjoining its building accordingly as required by paragraph 2 of the Restrictive Covenant. E. Target and Ryan desire to amend the Restrictive Covenant by substituting for the Site Plan attached to the Restrictive Covenant the Revised Site Plan attached to this First Amendment, which Revised Site Plan shows Target's expanded building and Yard. NOW, THEREFORE, the parties agree as follows: 1. The Restrictive Covenant is hereby amended by substituting for the Site Plan attached to the Restrictive Covenant the Revised Site Plan attached to this First Amendment. �%'�% 1.:�: � ,liL w .ti i L, % S 1 rj ., ✓) :� �_� < cc. K �- _>!'1 i .v c �_ �_ 1 090888/ADVII/UBC 2. Except as modified herein, the Restrictive Covenant is hereby ratified and affirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have -executed this First Amendment to the Restrictive Covenant Insuring Compliance with Section 506(b) of the Uniform Building Code as of the date set forth above. DAYTON HUDSON CORPORATION, RYAN CONSTRUCTION COMPANY OF a Minnesota corporation MINNESOTA, INC., a Mi esota corporation By: By: Name • Jack, D. Fontaine To Na Vice President A A w Title: Te„oe5�.J� , Title f V�•�.� 96By: By: Name: William P_Hiew Name: Title: Assistant Secretary Title: Consent of the City of Brooklyn Center The City of Brooklyn Center hereby consents to the First Amendment of the Restrictive Covenant Insuring Compliance with Section 506(b) of the Uniform Building Code. CITY O ROOKLYN ZCENTE By: Name: • 42iu.s T Title: By: Name: 6K. n C, S tn' Title: ��If This Instrument drafted by: Dayton Hudson Corporation 33 South Sixth Street Minneapolis, Minnesota 55402 -2- STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 4�&- day of ���ai'Si�ralt��Qs" , 1928 by !jrx," and �.�san,<. Q. E1►�,�z_ theS�. ��:cP _Pc-A*�,r9�Y-Tuc�aQ� �2.� and respectively, of Daytba Hudson Corporation, a minn&sota corporation, on behalf of the corporation. WH RUTHU FORD I )Tmy PIJBLK'AOR980TA HENNEPIN COUNTY WCOMMISSIONEXM 4.160 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing this day of emd- -and Construction behalf of the ss. din �-` _ - -. st ��w.� t►_-�• • • instrument` was acknowledged be ore me S P c� vl � `"�] ( , 19.13 by Y\ the c Company of Minnesota, corporation. of Ryan a Minnesota corporation, on SHARRY L. SIMONS � �V NOTARY PUBLIC - MINNESOTAV�`{ \1 RAMSEY COUNTY Nota Public My Commies:^^ lixpirea Sept.9. 1990 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The regoing i t t was acknowledge before this a of 19xPby and. 44 the and respectiveky, of the City of Brooklyn Center. v I- d��_L DARLENE K. WEEKS Notary Public �^ NOTARY PUBLIC —MINNESOTA HENNEPIN COUNTY My commission expir®s Feb. 28, 1989 -3- VIA ma ♦A 0 2 C'•t f1 J m fib S7i R R R $ {( R ate R 0Tr LA •1 y .m is .' 'IY • SLS �9� = R .. L _.. ._ q. A lull A,9 Rl -9 a< om: J x0 L1WWn5 . �• .\ •` �77? :TN rs Wes-• ON IF t _� S (0 � �l • • tom. on„ �\\•���I- .. LI? - ' {9 : � `�I.1; •''•� • `=-,;• .. r ipY I11 ik}t o e }rn f.,'_Rivise d Site Plan 4 'z"• ,='• -(not to SCglej r AA i.g fFRP�jt� a ��• '-'R`RYRa i771�1fR 3 3 DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenant ("Declaration") is made this loth day of October, 1988 by Dayton Hudson Corporation ("Declarant") as the owner of certain real property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, and which is legally described as Lot 2, Block 1, Shingle Creek Center, according to the recorded plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota ("the Property"). W1HE'rEAS, Declarant has previously constructed and currently operates a retail department store ("the Store") on the Property; and WHEREAS, Declarant desires to expand its existing stockroom which is located within the Store from approximately 14,000 square feet to approximately 28,000 square feet, all in accordance with the building plan, attached hereto as Attachment One and hereby made a part hereof ("the Building Plan"); and WHEREAS, in order to ensure that after such expansion the parking facilities on the Property comply with the City of Brooklyn Center parking code requirements, it is necessary for the Declarant to establish this Declaration restricting the use of its expanded stockroom; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Declarant does hereby declare the following restriction on the Property and the Store: 1. Use of Stockroom Space. Upon completion of the expanded stockroom area, Declarant shall restrict the area consisting of approximately 28,000 square feet which is depicted and designated on the Building Plan as "Proposed Stockroom Addition" and as "Existing Stockroom Area" (said areas being collectively referred to herein as the "Stockroom Area") to use solely as a storage and stockroom area for merchandise to be sold at, or equipment to be used at, the Store. The Stockroom Area shall not be used for the display of merchandise for sale or for other selling or related activities of Declarant, including, but without limiting the foregoing: office, restaurant, bakery, kitchen, food preparation, customer or public rPci-r,-1( .ItC - }l'�t'' .t'l,f', r : + rr� - l r . nl nn.-} Seivl .n n,, .r, rg . 101288/DOC2/DECLARATION 2. Burden and Benefit to Run with the Land. The provisions of this Declaration constitute a covenant running with the land and shall bind the Declarant and its successors and assigns with respect to the Property. 3. No Modification. This Declaration shall not be amended, revoked or altered without the prior written consent of the City of Brooklyn Center endorsed thereon and recorded with the Registrar of Titles in and for Hennepin County, it being understood that if the Store is demolished, destroyed, removed or no longer remains on the Property for any reason, the City shall consent to the termination of this Declaration. 4. Effective Date. This Declaration and any amendments hereto shall be effective upon recordation with the Registrar of Titles, Hennepin County, Minnesota. 5. Enforcement. This declaration may be enforced by the City of Brooklyn Center acting through its City Council. The power to enforce the covenants contained in this Declaration shall be in addition to any other legal or equitable remedies available to the City. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the date first above written. This Instrument drafted by: Dayton Hudson Corporation 33 South Sixth Street Minneapolis, Minnesota 55402 "Declarant" DAYTON HUDSON CORPORATION By: By: -2- Name: ` Jack b Fonsg-,a Title. Sr. Vice President larger Woreg R Name: Title. Assistant Secratary STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ay of - , 1988. by and th - nd of Dayton Hudson Corporationa a Minnesota corporation, o behalf of the corporation. My commission expires: — G. �zICKS0nNOTARY C`zBa2%aza PUBLIC -MINNESOTA r; H=Ni iEPiN COUNTY MY commission expires 5-17-91 �� ♦phi i� 1 UJ a Q w T,; Ql�g TL N011100V WJ08>00.4--Q, C .30dCwd «� - - - -- ,OIZ W W cc: a M 2.