HomeMy WebLinkAbout2005-12-09 WC Recorded Document #1163069 - Developer's AgreementOffice aft e
Registrar of Mies
W ashington County.. MN
Certified filed anti /or recorded on:
005/12109 9:56:00 AM
1163069
Certtficate # 's: 62000
Cindy Kousmann
,�`: _ Registrar of T tles
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
1163069
THIS DEVELOPER'S AGREEMENT (the "A is made and entered into this
da of Al V 5 2005 b and between the Cit of Oak Park Hei a municipal
corporation under t e laws of the State of Minnesota ( the "Cit and Wal-Mart Real Estate
Business Trust, a Delaware statutor trust ( the "Developer"
WITNESSETH
WHEREAS, the Developer has made application to the Cit Council for approval of an
Amended Conditional Use Permit and Variance, Subdivision and Lot Combination, site plan and
Desi Guidelines review to facilitate a planned expansion of an existin Wal-Mart store (the
"Development Project" affectin lands within the corporate limits of the Cit described as
follows:
Wal-Mart 2nd Addition
See. Attached Exhibit A
(the "Subdivision") and,
WHEREAS, the Developer, if it determines to construct the Development Project, does
not intend to do so until some time in 2006 and
WHEREAS, the Cit Council has on March 8, 2005, g ranted approval to the
Subdivision, amended conditional use permit for outdoor sales and stora si conditional use
permit and variance, and Site Plan/Desi Guidelines review on the condition that the Developer
enter into this A stipulatin the conditions for the installation of street, water, sewer and
other public improvements as well as the development of on-site improvements hereinafter
described, all in accordance with the terms and conditions hereinafter set forth, if the Developer
determines to construct the Development Project as evidenced b commencement of
construction after receipt of a buildin permit from the Cit
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereb a as follows:
Desi of Improvements: Improvements to be installed at Developer's expense b
the Developer as hereinafter provided are hereinafter referred to as "Plan A Developments".
Improvements to be installed b the Cit and paid for b Developer are hereinafter referred to as
"Plan B Improvements".
PLAN A IMPROVEMENTS: If the Developer commences construction of the
Development Project, the Developer will construct at Developer's expense the
followin improvements under Plan A accordin to the followin terms and
conditions: