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HomeMy WebLinkAbout2010-05-05 Application Submittal MaterialsDate: May 5, 2010 To: City of Oak Park Heights Remarks: Eric, Thank you, Andy Brandel Copy To: GROUP One firm - start to finish' City Administrator 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 We are sending you: Shop Drawings Copy of Letter 021 Attached Ryan Stemmons Aldi, Inc. www.is-grp.com Letter of Transmittal I&S Project No. 10-12539 Attention: Eric Johnson MANKATO 1409 N Riverfront Dr Mankolo, MN 56001 PH: 507.387.6651 FX: 507.387.3583 ARCH1TE TS • ENGINEERS • PLANNERS • LAND SURVEYORS • SC NT1STS Re: Aldi Development Application Submittal - P1D# 0502920110042 Oak Park Heights, MN 1:1 Under Separate Cover The following: Signed: FARIBAULT 1415 Town Square Ln Furiboult, MN 55021 PH: 507,331 1500 EX: 507.331.1501 El Prints Plans Samples E Specifications Change Order Application , fee and suplemental information Copies 3 20 1 1 1 1 1 Date 5-5-2010 Project Narrative Description 24"x36" Aldi Plan Set, Preliminary Plat & Final Plat 11"x17" Aldi Plan Set, Preliminary Plat & Final Plat List, Mailing Labels and Map from Washington County of surrounding properties Application Form Application Fee Property Tax Statement & Supplemental Information CD Containging Application Submittal Materials Attached is the development application submittal for the proposed Aldi Project to be located at the southeast corner of the intersection of 60 Street North and Novia Scotia Avenue in Oak Park Heights, MN. Please call 507-331-1500 or email (andy.brandel@is-grp.com) with any questions. GROUP One firm - start to finishnt May 5, 2010 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Dear Mr. Johnson: www.is-grp.com FARIBAULT 1415 Town Square Ln Faribault, MN 55021 PH: 507.331.1500 FX: 507.331.1501 MADISON 2690 Research Park Dr, Ste H Madison, WI 53711 P11: 608.442.9500 FX: 608.442.9501 RE: Site Plan Application Narrative — Aldi Retail Facility #8 — Oak Park Heights, Minnesota ARCHITECTS ENGINEERS • PLANNERS • LAND SURVEYORS • SCIENTISTS Enclosed you will find a Development Application along with all required supplemental information for a proposed Aldi Grocery Store to be constructed at PID 0502920110042 in Oak Park Heights, Minnesota. The 2.24 acre property is located at the southeast corner of the intersection of 60 Street North and Novia Scotia Avenue North and is currently vacant and owned by CSM Equities, LLC. This property is being purchased by Aldi, Inc. to allow for the construction of a new Aldi Grocery Store and all other improvements associated with it as outlined in this application. The property is located within the B-4 Limited Business Zoning District. It is bordered on the north by 60 Street North, which is the southern frontage road of Minnesota State Highway 36; on the west by Novia Scotia Avenue; on the south by a Northern States Power Electric Substation, which is zoned B-4; and to the east by the commercial properties consisting of Stillwater Glass and Stillwater Plumbing, which are also zoned B-4. Thus, this property will be located within a large area of B-4 Limited Business Zoning and will help to complete the commercial development of the area by eliminating one of the most visible vacant properties and adding another retail facility. This project will include the construction of a 17,886 square foot Aldi Grocery Store to be located on the eastern side of the lot. The Aldi site will also include a 90-stall parking lot, two site accesses, utilities to serve the new building, storm drainage, lighting, and landscaping. The two accesses into the site will utilize the existing driveway aprons that currently lead into the site, one in the southwest corner coming from Novia Scotia Avenue and one in the northeast coming from 60 Street. By utilizing the existing accesses, it will allow the entire site to be constructed without any physical construction activity taking place within either 60 Street or Novia Scotia Avenue. The site plans along with a map of the location of this project are shown on the attached plan sheets. This property is currently an unplatted lot; thus, in conjunction with this project, the property will be platted. The preliminary and final plats are also included with this submittal. While the proposed Aldi site is currently vacant, the stormwater management for the development of this property was accounted for when the adjacent properties were being platted and constructed in 2007. Per easement document number 1176898 and the stormwater calculations perforrned by Fo lz, Freeman & Erickson in 2007, the stormwater management for this property was constructed with Phase II of the pond for the Goodwill Addition. As a part of that project, the owners of the MAN KATO 1409 N Riverfront Or Mankato, MN 56001 PH: 507.387.6651 FX: 507.387.3583 One firm - start to finish' property worked with the neighboring property owners to not only provide stormwater management via the pond, but also to have storm drainage constructed from the pond to the southeast corner of the Al-di site. This storm drain line ends at a catch basin located approximately 10 feet south of the southeast corner of the lot on the Goodwill property. This catch basin was constructed to allow for a future connection from the proposed Aldi site to the inplace storm drainage system. The entire storm drainage system from the pond to this site along with the inplace pond was placed within the ponding and drainage easement allowing for the conveyance and treatment of stormwater from the Aldi site into the pond. On May 4, 2010 . Todd Erickson the engineer for Folz, Freeman and Erickson that designed the pond in 2007, was contacted to discuss the design of the facility. He stated that at that time the pond was sized to accommodate the proposed Aldi site with 80% impervious area coverage. Using this assumption the pond was adequately sized to handle the stormwater runoff and meet the applicable MPCA, Middle St. Croix Watershed Management Organization and City requirements. Using this information and comparing it to the proposed A ldi site and its 80% impervious surfacing, it was determined that the existing facilities were in fact constructed of adequate size to treat the stormwater from the proposed Aldi site Therefore, the stormwater treatment facilities and easements meeting all applicable city, state, and federal stormwater regulations have already been put in place for this project to utilize. The inplace pond will adequately reduce stormwater discharge to below existing :levels and also meet all applicable requirements set forth by the City of Oak Park Heights and the Middle St. Croix Watershed Management organization. As such this project will not adversely affect the public storm drain system or require any upgrades to be made. The proposed Aldi site will utilize the existing public utilities for sanitary sewer and water service, both of which are currently located within the Aldi property along the north side of the site. The proposed Aldi will require construction oi a 6" water service coming from the existing watermain, and a 1 1 /2" water service will also be constructed to the building adjacent to the 6" line and coming off of the 6" line approximately 10' from the Aldi building. The site will also require construction of a 6" sanitary sewer service coning from the existing 12" sanitary sewer line on the north side of the site parallel with the watermain. This sewer line has adequate depth and capacity to serve the Aldi facility. Therefore, this project should not require any changes or upgrades to the existing publ-ically owned sanitary sewer or water distribution systems. Site signage for this project will be provided by a monument sign located on the northwest corner of the site along with building signage. The monument sign will be 8 feet tall and have an area of 100 square feet, both of which are at or under the maximum free standing signage regulations. in addition, the building signage on both faces of the building will total 105 square feet of area. Based on the sign tables found in section 40-1- .1.5 G of the Zoning Ordinance, this project is allowed up to 15% of the front building facade, up to 300 square feet, for the total signage area. For this project the front building facade area is approximately 2,675 square feet, and thus 15% of that would be 401, which would result in a maximum allowable signage for the site of 300 square feet. The total proposed signage for the site is 1.85 square feet, which is below the maximum allowable signage area of 300 square feet. Therefore, both the monument sign and building signage will meet the applicable sign regulations as outlined in Section 401.1.5 G of the City of Oak Park Heights Zoning Ordinance. Please note that for your reference the signage is illustrated on the attached building elevation and landscape plan. Aldi — Oak Park Heights Development Application Narrative May 5, 2010 Page 2 of 3 One firm - start to fiI]is11ru All applicable guidelines as outlined for the B -4 Limited Business Districts in the City of Oak Park Heights' Zoning Ordinance were taken into account during the design of this project including the appropriate land use, setbacks, parking requirements, and all other applicable regulations. The proposed Aldi and surrounding land use of this property will also provide economic development that will expand the property tax base, conserve and potentially increase property values, increase jobs, and provide desirable services to the neighborhood and the City as a whole. The site is currently vacant so any redevelopment of the site will be an improvement from the existing conditions. In addition being that this project is located along the Highway 36 right -of -- way, there is already a large traffic volume past the site as well as high visibility of the site. These factors along with the size of the site and proximity to other commercial developments make this site an appropriate location for a grocery store. Also having the Aldi store near residential areas that are located to the south and east of this site will be beneficial to both Aldi and the residents in the area. This proximity to residential properties along with the inplace bituminous trail around the site will also promote pedestrian traffic to the site and should improve the character of the neighborhood by adding another retail facility to directly serve it. We feel that this development application application should be granted because the proposed Aldi site fits well with the surrounding properties and will also be an improvement to the current conditions. The proposed site plan as well as the proposed use of this property as outlined in this submittal is consistent with City of Oak Park Heights Land Use Planning and Zoning. The proposed Aldi Grocery Store is a logical use for the property that fits well to the surrounding commercial properties and helps to complete the previously constructed commercial development which surrounds it by providing a mutual benefit to the adjacent businesses as well as Aldi. Thank you for considering this request. Please e -mail or call if you have any questions. Sincerely, Andrew T. Brandel, PE Civil- Design Engineer ATB/saw Enclosures CC: Ryan Sternmons --- Aldi, Inc. Aid' Oak Park Heights Development Application Narrative May 5, 2010 Page 3 of 3 One firm - start to finish' EXISTING LEGAL DESCRIPTION Certificate of Title No. 62084 Exhibit A The West 300.00 feet of the East 10 13.00 feet of the North 325.00 feet of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota as measured at a right angle to the east line and the north line of said Northeast Quarter of the Northeast Quarter. (11)GROLIP One firm - start to finish"' Owner/Developer: Ryan Stemrnons Director of Real Estate Aldi, Inc 4201 Bagley Avenue North, Faribault, MN 55021 Phone: 507-333-9460 Fax: 507-333-9455 Ryan.Stemmons@aldi.us Engineer: Andy Brandel Civil Enginner I&S Group 1415 Town Square Lane, Faribault, MN 55021 Phone: 507-331-1500 Fax: 507-331-1501 ancly.brandel@is-grp.com wwwjs grp.com FARIBAULT 1415 Town Square In Faribault, MN 55021 PH: 507.331.1500 FX: 507.331.1501 Architect: Brian Grinnell Architectural Designer 1 3D Visualization Specialist APD Engineering & Architecture, PLLC 615 Fishers Run Victor, NY 14564 Phone: 585-742-0214 Fax: 585-924-4914 bgrinnell@apd.com MADISON 2690 Research Park Dr, Ste H Madison, WI 53711 PH: 608.442.9500 FX: 608.442.9501 MAN KATO 1409 N Riverfront Dr Mankato, MN 56001 PH: 507.387.6651 FX: 507.387.3583 ARCHITECTS • ENGINEERS • PLANNERS • LAND SURVEYORS • SCIENTISTS Aldi Retail Facility #8 — Oak Park Heights, MN Project Contact List ashington Taxpayer: Mailing Addresses and Telephone Numbers WASHINGTON COUNTY 1449 62ND ST N STILLWATER MN 55082 651-430-6175 us wiwki.co.washington,rian, CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD N PO BOX 2007 STILLWATER MN 55082 6514394439 way.citiofrAprolthelghts. C0411 She GemrE4 Tax SD 834 STILLWATER 1875 GREELEY $T STILLWATER MN 55082 651-351-8321 www.s61lwater.k12.mn.us Mew Special Taxing Disticts 390 ROBERT ST N ST PAUL MN 55101 651602-1374 me-mmetmou Other Spedal Taxing Disiticts Tax InwmsntThx Fiscal Divarity Tax Depa amen t Property Records and Taxpayer Services 14949 62"i Street North Pa Box 6 Stillwater, MN 55082-0006 (651) 430-6175 www.co.washington.rnn.us 1111F1111 111,111111111111111116111101114/111111111111/1111f9 GSM EQUITIES LLC 500 WASHINGTON AVE S STE 3000 MINNEAPOLIS MN 55415-1151 Legal Descliption: seacti 05 Townshp 029 Rang 020 NEN-NEN BEING W 300FT OF E 1013F1 OF N 325FT OF SD NE:114 - NE1/4 AS MEAS AT RI ANG TO E LN 8 N IN SUBJ TO & TOG WM-1 EASE . . . Voter proved levies Other Local Levies Your P ts Matiliggage$W.r44-04201Alf., 44 2, ; 54,1 AVKI.4 1 ;.er 4 "=" 41 -CP7 eL -.Z.;MWAVZka,. 4.gaim IMPORTANT INFORMATION IS PRINTED ON THE BACK OF THIS FOAM Property ID: n029.2011.0042 Property Address: (1) Actual 200Y roperty lax 3,316.71 4,857.38 7,998.68 1,525.49 1,804.70 316,53 127.42 0.00 5,825.03 $ 25,772,.00 osed dro Property Comm/Ind Comillnd Classification: Taxable Market Value: 878300 878,300 Your taxable market value for property tax payable in 2010 Was sent to you in the spring o 2009. The period to discuss possible changes has passed and changes can no longer be made to your property valuation. It is included here for your information only. (2) Proposed 2010 Property Tax Taxes Payable Taxes Payable in 2009 in 2010 5,812.63 6,080,36 1,398.68 1,934.01 302.62 123.29 0.00 7,331.92 wavompipemosow , r1...3Agi;t1101.4g, ' erty_Tax for 2010 Budget and Tax Hearing 1..ocation and Dates DECEMBER a. 20096:00 PM M CO ROOM GOVERNMENT CENTER • DECEMBER 1, 2000 7:00 PM CITY HALL 14168 OAK PARK BLVD N NO MEETING REQUIRED DECEMBER 10, 2009 7:00 PM STILLWATER CITY HALL 216 4THSTN DECEMBER 9, 2009 8:00 PM METROPOLITAN COUNCIL CHAMBERS 390 ROBERT ST N Percent of Change NO MEETING REQUIRED NO MEETING REQUIRED NO MEETING REQUIRED 9.5% as 149-4g 62v4StfrAt Nadi PO Box 200 SCII (water, MN 55082-0200 (651) 4311.6175 ww.comashington.fun.. S , Pr*PortY ID: 05.0214.20.11.0042 Taxpayer: 148530 Dem sw - rwonRoatv-azo NEI/444E f4 MUM X Ei 10131. Of t4 3111 OF SD NEM-WI/4 AS g4EAS fiTPVMH C3 Tt E Mit 0 Ili SUBJ TO 8, TOOJ1Th EASE Pi izg ths- cmoq . tha elk% maw NI kw NOR ta mit you & jM for apro wady tax reknit — .F14-4 by Augm115.1f en bat 14 thaded, y Gm &Snout lam tue not etig10.....„ kkAt His. &twit% on Fm !APR to no itxpq f=trtiLpecIal leff0d, ftg- — 3, Your Proptity tans herixo reclinfraby mato =4, Catta5ptid by Ills Stet4 of kfirminoto to Mute pa pnweity tav— k Vfatnestead @ad Alai kterke Vu a C-fettil • B. Otto Croft 5. Yeel Nap:At/to gur mddtilon by Malo-phi cfl ' • '4,' ••• •••••••••, ••••• n Deparimeni of Pope lcurds un and Texp,ayer Services ••••,•••••••,..• BM: 41127 CSI EQUITIES LW 500 WASHINGTON AVE S STE 3000 MINNI5APOLIS MN 55415-1151 1 • -- COyyy_ Oty CT fr. ompmx HEmis sm coda To: 0. Schwi lUbitt A Vo, Other Lord ev'es v A, MEMO DiSMIGT 0THENS Nunithmsi . olo two:NM asferein feeko IL To tei fet4betoti.witnierits M )0 unix 13. spetidtdttar4E Fit FittlCipti REFUNDS? Taxes Pay ■•••••• •••• •••••••••••-....••••••••••• • • N Property Tax Slat ent for Taxes Payable in 20 •••■■ :14 affiTiated Woa. • •-•••• •••••• 44115 You my 1::to eligible for one or even two reViads to reduce your property tax. Read he back of this statement to find out how to apply. /a Year New immanenisi, Wed Exclusions: eOilthAlV 6-4-4,000 ctassAcatiog: cam ••••,•.. ••• ••• ■•-• •3 2008 044,000 0.00 ,•••••••• 601.22 — 43O734 • 7 /2 9.41 ---3,645 57— ------•-- 4,65/,36 5,918.23 7,028.68 -4,212.16 1,141,47 '104.70 25529 — —316,93 - • icaji 27 42 00 0.01) 3,N.93 5,625.03 • 0,04 _An— • 16,342.0,_ 6,71Z.00 0.00 9,IX) 2009 878,300 - .878000 — cOMM 18,382.00 25.7720 • — 0,00 —23 ;nr 18,3810 2111100 12, 00 12 14 YOUR TOTAL firloPERTY TAX OM SPECIAL AM$SATEOTS FIRST HALF DUE. iMAYTI SECOND ALP DUE OCTOBER 15 41gudi wk M ‘ ff.a 1,,,r58474 wekmdirialamtiva COMM PAYABLE 21 2 HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BUORE: OCTOBER 15 (Pro fly ID: 11.05.029i0.11.0042 Bill 0: 41727 Taxpayer: 144536 CSM EQUITIES t.LC 500 WASHINGTON AVE 8 STE 3000 MINNEAPOLIS MN 55415-1151 CSM EQUITIES LLC 500 WASHINGTON AVE 8 STE 3000 MINNEAPOLIS MN 55 02 00? 050291311.400 20 0001288600 4 PAYABLE 21 HALE PAYMENT STUB TO AVOID PENALTY PAY ON Oft OFTO-RE MAY 15 (Property IrP:105.629726.11.0042 41121 Taxpayer: 144536 01 1307 0502920111:10420 01301,288600 6 MAKE CHECKS PAYABLE TO: Waghingtoit Cowley P.0, floc 200 &Ware' 11474 55002-0200 rgitodiv & • uthl MAKE CHE_CKS PAYABLE TO: 0stifrpg2 County 0m 200 Stiftwaar MN 55062-0200 HLF •,•••,••• $.834W3 MX AMT [ • •••••••*•••-•,-••••••••••••••••••.. 0 aim( 0 um Ifed. VOW ctc� ca'a fuvc,o pc,mont Du p.v.tolt vwr 1 d promrd ;i1 5 fe0444 tnttt ovew8 COMM [L•••••••••••••**.••••■•••••••:••=•• MST' TAxAmr _NAM 0 CASH fivolga oaa, ctre.vesad (.1.1 s prod tive4.7rovett Fla not ...I poztd04 • • PONDING AND DRAINAGE EASEMENT AGREEMENT This PONDING AND NAINAGE EASEMENT AGREEMENT ("Agreement") is made this dLytt day of tki 2007 by OAKGREEN VILLA, LLC, a Minnesota limited liability corn p ("Oakween")„ RELIANCE DEVELOPMENT COMPANY, L.L.P., a Minnesota limited liability partnership ("Reliance"), and CSM Equities„ L.L,C., a telaware limited liability company (T,SM"). A. Oakgreen is the Owner of those certain real properties described as Outtots C and M OAKGREEN VILLAGE,, and Out A„ GOODWILL ADDITION, according to the recorded plats, Washington County, Miiiiiesota (collectively, the ‘‘,Qalsgeen Parcel"); B. Reliance is the Owner of that certain real property described as of 1, Block 1, GOODWILL ADDITION, according to the recorded plat, Washington County, Minnesota ("Lot 1"); CSM is the Owner of that certain real property described as The West 300.00 feet of the East 101100 feet of the North 325A)0 feet of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, as measured at a right angle to the East line and the North line of said Northeast Quarter of the Northeast Quarter (the "CSM Parcel"). RECITALS: The Oakgreen Parcel, Lot 1, and the CSM Parcel are sometimes separately referred to herein as "Parcel", and collectively referred to herein as "Parcels". D. Oakgreen and Reliance desire to create and grant certain easements over and across portions of the Oakgreen Parcel and Lot 1 as herein described subject to the terms and conditions specified herein. Ponding and Drainage Easement Agreonient 4/19/07(v2) AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oakgreen, Reliance and CSM hereby agree and declare that the Parcels shall be forever occupied held, sold and conveyed subject to the following-described easen covenants, conditions and restrictions which shall run with the Parcels as appurtenant thereto, and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Parcels, or any portion thereof Section 1. Definition of Owner: 'Owner" shall mean and refer to the record Owner of a fee simple title or to the tenant under a ground lease, whether one or more persons or entities, to either of the Parcels or portion thereof, but excluding those having such interest merely as security for the performance of any obligation. Section 2:„ Popsjiimand Construction Easement over the Oak Ponding and Drainge Easement Agreement 4/19/07(v2) 2 reen Parcel. A. Oakgreen hereby creates and grants to Reliance and CSM, their respective successors and assigns, a perpetual non--exclusive easement for the benefit of Lot 1 and the CSM Parcel over and across that certain portion of the Oakgren Parcel described in Exhibit B attached hereto and made a part heieol (the "Pond"), for the purposes of storm sewer drainage and retention of storm water from Lot 1 and the CSM Parcel. The approximate location of the and is depicted as the 'Storm Water Retention Pond' on Eahibit A attached hereto and made a part hereof. Oakgreen hereby declares that the easement hereby created for the Pond shall at all times be for the joint use and mutual benefit of the Parcels. Oakgreen hereby creates and grants to CSM and Reliance, their respective successors and assigns, a construction easement for the benefit of Lot 1 and the CSM Parcel over and across portions of the Oakgreen Parcel as necessary for the purpose of constructing Phase 11 of the Pond within the area described in attached Exhibit 13 to accommodate the storm sewer drainage from the CSM Parcel. Section 3 , Drientgypi- Lot land Oal_smen Yareel, :Reliance hereby creates and grants to CSM, its successors and assigns, a perpetual non-exclusive casement for the benefit of the CSM Parcel under, over, under and across that certain portion of Lot 1 depicted as the 'Drainage Facility Area on Exl!ibit C attached hereto and made a part hereof and legally described in Exhibit D attached hereto and made a part hereof, for the purpose of connection to and use of underground storm sewer lines and drainage system facilities and for the drainage of storm water from the CSM Parcel through such lines and system over, under and across Lot 1 to the Pond on the Oakgreen Parcel. Oakgreen hereby creates and grants to CSM and Reliance, their respective successors and assigns, a perpetual non-exclusive easement for the benefit of Lot 1 and the CSM Parcel under, over and across that certain poilion of the Oakgreen Parcel depicted as the 'Drainage Facility Area" on attached Exhibit C and legally described in attached Exhibit E) for the purpose of connection to and the construction, use, maintenance, repair and replacement of storm sewer lines and drainage system facilities and for the drainage of storm water from the CSM Parcel and • • Lot 1 to the Pond on the Oakgreen Parcel. The storm sewer lines and drainage system constructed within the Drainage Facility Area shall be referred to herein as the "Drainage Facility". Oakgreen, CSM and Reliance hereby agree that the Drainage Facility shall be for the joint use and mutual benefit of the CSM Parcel and Lot 1. Section 4. constructipn, Maintenarim anci Restoration. A. Phase 1 of the Pond as described on attached Exhibit E has been constructed by the Owner of the Oakgreen Parcel at its sole cost and expense. OakgTeen represents and warrants to CSM and Reliance that such construction has been completed to the satisfaction of the City of Oak Park Heights and the applicable watershed district, and that the Pond as currently constructed is sufficient to accommodate the storm sewer drainage from the Reliance Parcel and the Oak0 Parcel, Prior to the utilization of the Drainage Facility and Pond by the Owner of the CSM Parcel for the benefit of the CSM Parcel, construction of Phase if of the Pond is required to accommodate the additional storm sewer drainage from the CSM Parcel. Reliance as Owner of Lot 1, at its sole cost and expense, is obligated to construct Phase IT of the Pond pursuant to the plans described on Exhibit E attached hereto as confirmed in writing by the applicable watershed district. MA. has reimbursed Reliance for the cost of constructing Phase II of the Pond, and Reliance hereby acknowledges receipt of said reimbursement, and will not look to CSM for any additional costs incurred in the construction of Phase II of the Pond. Notwithstanding anything to the contrary herein and in the event that Phase II of the Pond is not constructed by the Owner of Lot 1 as provided herein, the Owner of the CSM Parcel is under no obligation to cause the expansion of the capacity of the Pond by constructing Phase 11 of the Pond until and at such time as the Owner of the CSM Parcel connects into the Drainage Facility. Oakgreen represents and warrants to Reliance and CSM that all maintenance, repair and replacement of the Pond (including Phases I and 11) shall be conducted by the City of Oak Park Heights, B. The construction of the Drainage Facility (other than the construction of the hook- up into the Drainage Facility from the CSM Parcel by the Owner of the CSM Parcel) and the construction of Phase II of the Pond shall be porformed by the Owner of Lot 1, and each shall be constructed as described on Exhibit E attached hereto and made a part hereof. The construction of the Drainage Facility and :Phase 11 of the Pond shall be completed no later than September 15, 2007. The repair or replacement of the Drainage Facility due to damage caused by the Owner or occupant of a Parcel shall be performed by the Owner of Lot 1, and the cost of such repair or replacement shall be paid in full by the Owner or occupant which caused the damage. The maintenance, repair and replacement of the Drainage Facility (other than maintenance, repair and replacement of the hook-up into the Drainage Facility from the CSM Parcel or maintenance, repair and replacement due to damage caused the Owner or occupant of a Parcel) shall be performed by the Owner of Lot 1, and the Owner of the CSM Parcel shall reimburse the Owner of the Lot 1 one-half of the cost of such maintenance, repair or replacement ("Reimbursement Amount") as follows: (1) The Owner of Lot I shall, when maintenance, repair or replacement is determined to be necessary for the proper functioning of the Drainage Facility, but not more than Ponding and Drainage Easernent Agreement 4119/07(v2) 3 monthly, send invoices, together with an explanation of the maintenance, repair or replacement •work being performed (the "Work"), and a breakdown of the expenses incurred by the Owner of Lot 1 for the Work, either for Work completed or for Work in process, substantiating the Reimbursement Amount, to the Owner of the CSM Parcel with a request for payment of, the Reimbursement Amount; and the Owner of the CSM Parcel shall reimburse the Owner of Lot 1 for its proportionate share within thirty (30) days after receipt of said invoice and evidence substantiating such Reimbursement Amount. Any request for payment for Work in process shall also include an estimate of the completion costs and completion date of the Work. Any payments not timely made within said thirty (30) day period shall be considered delinquent; and, in addition to any other remedies the Owner of Lot 1 may have, the Owner of Lot 1 shall be entitled to recover interest at the rate of two percent (2%) per annum over the then existing prime rate of interest announced from time to time by U.S. Bank National Association, or its successors (but in no event exceeding the maximum rate per annum permitted by law). (2) Within one (1) year after receipt of any billing from the Owner of Lot 1 for the Reimbursement Amount, the Owner of the CSM Parcel may inspect the books and records of the Owner of Lot 1 which are relative to computation of the Reimbursement Amount referenced in said billing statement. If the Owner of the CSM Parcel does not perform such inspection within said one (1) year period, the Owner of the CSM Parcel shall be deemed to have waived its respective right to inspect the hooks of the Owner of Lot 1 for the applicable billing statement and charges referenced thQrein. The Owner of the CSM Parcel may request only one (1) such inspection. in each calendar year during the term of this Agreement. Any such • inspection shall be performed at the offices of the Owner of Lot 1 and shall be performed at the sole cost and expense' of the Owner of the CSM Parcel. If the inspection of said books and billing statement reveals that the party performing the inspection has been overcharged, the Owner of Lot 1 shall, within thirty (30) days after receiving written notice of such overcharge, pay the amount of such overcharge to the Owner of the CSM Parcel within said thirty (30) day period; provided, however, if the overcharge exceeds ten percent (10%) of the Reimbursement Amount for the audit period, said credit or payment, as the case may be, from the Owner of Lot 1 shall include the reasonable cost attic audit perfomied by the inspecting party, excluding travel, meals and lodging. ( Notwithstanding the foregoing, in the event that any single expenditure by the Owner of Lot 1 with respect to the maintenance, repair or replacement of the Drainage Facility or the aggregate amount of alt such expenditures by the Owner of Lot 1 with respect to the Drainage Facility during any given calendar year is rcasonably expected to equal or exceed Five Thousand Dollars ($5,000), the Owner of Lot 1 shall provide written notice to the Owner of the CSM Parcel no less than thirty (30) days prior to incurring such expense, or in the event of an emergency, such notice as is reasonable under the circumstances. D. In the event that the owner of Lot 1 does not construct the Drainage Facility or does not properly maintain, repair and replace the Drainage Facility as provided in this Agreement, Oakgreen and Reliance hereby grant to the Owner of the CSM Parcel i easements within their respective portions of the Drainage Facility Area to construct, maintain, repair and replace the Drainage Facility, together with an easement and right of access over the remaining portions of Lot 1 and Outlot A, GOODWILL .ADDITION, to allow the Owner of the CSM Parcel to exercise its rights of self-help remedies as set forth in Section 12 of this Agreement. Pending and Drainage Easement Agreement 4119/07(v2) 4 • • Section 5: Access. The granting of the foregoing easements includes the right of the Owners of the benefited Parcels and their contractors, agents and employees to have reasonable access to the easement areas. Section 6: Run_of: Benefits and Burdens. All provisions of this Agreement shall run with the Parcels and shall inure to the benefit of and be binding upon the Owners of the Parcels, and any portions thereof• and their respective successors and assigns. In the event an Owner transfers or conveys a portion of eitIer of the Parcels, the easements, rights and benefits granted and/or reserved in this Agreement which benefit, bind and burden the remainder of the Parcel not transferred or conveyed shall benefit, bind and burden the portion of the Parcel so transferred or conveyed, and those easements, rights and benefits granted andior reserved in this Agreement which benefit, bind and burden the portion so transferred or conveyed shall benefit, bind and burden the remainder of the Parcel of which it was a part. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the area of the Easements to the general public or for the general public or for any public purpose, The parties hereby acknowledge that drainage and utility easements may, be dedicated in the plats of OAKGREEN VILLAGE and GOODWILL ADDITION encumbering the Pond. The easements created in this Agreement shall not be subject to the doctrine of mcrger, Section 7, Owner's Usq, The easements herein created, granted and reserved shall not be exclusive. The Owners of the burdened Parcels reserve the . right to use the surface and the subsurface of the easement areas provided that such use does not interfere with the easements herein granted. Reliance further ages that no building structure shall be constructed within the Drainage Facility Area. CSM, Reliance, and Oakgeen hereby agree not to unreasonably disturb any improvements made by the Owners of the burdened Parcels within the easement areas, and if an Owner does disturb such improvements, then such Owner agrees to restore said improvements, except a building structure located within the easement areas, promptly and at its sole expense. Section 8, Indemnification. The Owners of the benefited Parcels will indemnify, defend and hold harmless the Owners of the burdened Parcels from all claims, damages, liabilities, penalties, fines, costs, causes of action and loss arising as a result of the use of the easement areas by the Owners of the benefited :Parcels and their employees, invitees and contractors. This indemnity shall be binding on the Owners of the benefited Parcels and their successors-in-interest only with respect to matters or events which occurred during the period the indemnifying Owner was in record title to the applicable benefited Parcel. Section 9. Encumbrances, The Owners of the benefited Parcels or any party claiming by, through or under such Owners shall not suffer or permit anything to be done that will cause the burdened Parcels to become encumbered by any mechanic's lien or similar lien, charge or claim, If any mechanic's lien or claim is filed against the burdened Parcels due to the Owners of the benefited Parcels or any party claiming by, through or under such Owners, having allegedly requested labor or materials, the applicable Owner of the benefited Parcel shall discharge the same of record by a release or bond within thirty (30) days after the filing of any notice of such lien, claim or other charge. Section 10, Insurance. The Owners of the benefited Parcels shall maintain their own policy o f Ponding and Drainage Easement Agreement 4/19/O7(v2) 5 public liability insurance with regard to their use of the easement areas. Section 11 Om_ ollirjLaw. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Section 12. , R.erneclies. If any Owner shall default with respect to any of its obligations set forth herein and shall fail within thirty (30) days after receipt of written notice from the other Owner to cure such default, then the non-defaulting Owner shall have the right, at its election, but not the obligation, and in addition to such other rights and remedies as may be available at law or in equity, to cure such default for the account of the defaulting Owner, and shall be reimbursed by the defaulting Owner for the reasonable cost and expenses so incurred (including attorney's fees) within ten (10) days of receipt of written demand for payment, together with reasonable documentation substantiating said costs and expenses. Any sums not reimbursed within said ten (10) day period shall bear interest thereon at the rate of two percent (2%) per annum over the then existing prime rate of interest announced from time to time by U.S. Bank National Association, or its successors, or the highest lawful rate, whichever is lower. The thirty (30) day cure period shall be extended in cases where the default cannot be cured within thirty (3O) days but can be cured during a longer time, so long as the defaulting Owner is diligently pursuing such cure. In the event of an emergency, no prior notice shall be required to be given by the non-defaulting Owner prior to exercising its remedies hereunder so long as the non-defaulting Owner provides written notice of such emergency to the defaulting Owner promptly upon completion of cure, Section 13. Miscellaneous, The provisions of this Agreement shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or any portion thereof. Section 14. Enforcemenit, The Owners of Parcels shall have the right to enforce any and all provisions of this Agreement. Such right of enforcement shall include both damages for and injunctive relief against the breach of any provision of this Agreement. The failure to enforce any provision of this Agreement, at any time, shall not constitute a waiver of the right to thereafter enforce any such provision or any other provision of this Agreement. All disputes concerning this Agreement shall be resolved by binding arbitration under the Rules of tbe National Arbitration Forum, provided, however, that in rendering its decision, the arbitrators shall be required to apply the laws of the &ate of Minnesota. In any such action or proceeding brought to enforce any of the terms of this A.greernent, including the indemnification terms, the prevailing party shall be entitled to an award of its costs and disbursements, including reasonable attorneys fees and costs. Section 15: Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Declaration if it is delivered personally to such party (effective upon receipt or refusal of receipt); or if it is mailed by United States registered or certified mail, return receipt requested, pbstage prepaid (effective two days after deposit); or if transmitted by facsimile with verification of receipt (effective upon date of verification of receipt, provided a copy is deposited in a post office, branch post office, or mail depository maintained by the U.S. Postal Service, postage prepaid and addressed as set ,forth below); or if overnight courier (effective one day after deposit), properly addressed as follows: Pending and Drainage Easement Agre_ernent 4/19/07(v2) 6 • If to Reliance: If to CSM: Pondin9 and Drainage Easement /Veen 4/19/07(v2) 7 Reliance Development Company, LI—P. 527 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 FAX: (612) 338-8971 CSM Equities, L.L.C. General Counsel, Legal Department 500 Washington Avenuo South, Suite 3000 Minneapolis, Minnesota 55415 FAX 612-395-7002 If to Oakgreen: Oakgr6ep Villa, LL,C, 775 Green Twig Way Stillwater, MN 55082 FAX: 651-430-9197 Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner specified above. Section 16. if_Aupglf,lertificates. Each Owner shall within twenty (20) days from receipt of written notice from any other Owner execute and deliver to such other Owner a certificate stating that (a) either this Agreement is unmodified and in full force and effect or is modified (and stating the modification); and (b) whether or not to the best of its knowledge the other Owner or Owners are in default in any respect under this Agreement and if in default, specifying such default. Section 17. Ciainteas. This Agreement may he executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument • WITNESS WHEREOF, this Agreement was executed as of the date and year first above written. ato OAKGREEN VILLA, LICa Minnesota limited liability company By: STATE OF Minnesota COUNTY OF _ ) ss Name: Timothy L. Nolde, its Chief Manager The foregoing instrument was acknowledged before me this T day of April, 2007, by Timothy L. Nolde, the Chief Manger of OAK.GREEN VILLA, LLC, a Minnesota limited liability company, on behalf of the limited liability company., Notary StampiSeal Notary Public Pon ding and Drainage Easement Agreement 4/19/07(v2) 8 -,,,,,,, —,- - ----- , --, , ,,,,--4,,,,,, I. JEAN M CROSBY 1 0„ NOTARY PUBLIC - MINNESOTA My CorriraissIon Expireg Jan, 31, 2010 RELIANCE DEVELOPMENT COMPANY, LEP. By: Name Its Partner STATE OF MINNESOTA COUNTY OF ed The foregoing ,instrument was ackrOwledged before me this _13 day of April, 2007, by -- j - : .4d eissub the Partner of Reliance Development Company, LIR., a Minnesota a-- limited liability partnersh:p, en behalf of the limited liability partitership .). Notary Public Notary Stamp/Seal: ) ss NIC,TILE ELIZABETH O8YRWE NOTARY PUBLIC MINNESOTA 4, My Ummis5100 rapireg Jan. 31 2OI t‘' Forking and Drainage Easement Agreement 4/1 9/07(v2) 9 CSM EQUITIES, LLC a Delaware limited liability company 13y: IF Joel L. Rietz, its Manager Notary Stamp/Seal: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) rg The foregoing instrument was acknowledged before me this .) day of April, 2007, by Joel Rietz, the Manager of CSM Equities, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. -- /- Notary Public 1 JEAN M CROSBY NOTARY PUBLIC MINNESOTA My airalasion Expicos Jaft 3L 2010 THIS INSTRUMENT WAS DRAFTED BY: GSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 Attn: Joel L. Rietz, Esq. Ponding and Drainage Easement Agreement 4/1 0/07(v2) 0 0 LL Z 0 (1) - 0 Puo 0 01) do g ull Po 3 --; ( 1 • (ro _ ,-0 i ,.1 i 1) -s „, „..,... • and EXHIBIT B (Description of Storin Water Retention Pond) Outlot A, GOODWILL ADDITION Washington County, Minnesota, Those parts of Outlots C and M, OAKGREEN VILLAGE, Washington County, Minnesota, lying northerly of the following-described line: Commencing at the most northerly northeast corner of Outlot C, OAKGREEN VILLAGE; thence South 01 degree 03 minutes 24 seconds East along the East line of said Outlots C and M a distance of 17539 feet to a southeasterly corner of said Outlot M, said point being the point of beginning of the line to be described; thence North 89 degrees 28 minutes 57 seconds West along a southern line of said Outlet M a distance of 224.98 feet to the Southwest corner of said Outlot M; thence North 01 degree 03 minutes'24 seconds West, aiorig the West line of said Outlot M, a distance, of 3110 feet; thence South 88 degrees 19 minutes 31 seconds West a distance of 6836 feet; thence North 78 degrees 29 minwes 30 seconds West a distAnee of 58.96 fret; thence South 81 degrees 46 minutes 21 seconds West a distance of 7533 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 12.67 feet; thence North 85 degrees 42 minutes 04 seconds West a distance of 30,02 feet; thence North 74 degrees 38 minutes 12 seconds West to a southeasterly line of Outiot A, GOODWILL, ADDITION, and there terminating Pondino and Drainage Easement Agreement 4/19/07(v2) 12 t )P7 .41 4 T9 gO.TOS 19'69a 00 0177, lCj ) [ I ,.,..... 9 • , .,..... 91'gZg \---- At„eg,COof ON - 647 i riw 0) et) r LLJ (Description of Drainage Facility Area) A 10-fbot wide drainage easement oVer, under and across the following-described property: Lot 1, Block 1, and OutIot A, GOODWILL ADDITION, Washington County, Minnesota, according to the recorded plat thereof. The centerline of said easement is described as follows: Commencing at the southeast,corner of said GOODWILL ADDITION; thence South 85 degrees 39 minutes 56 seconds West, along the south line of said GOODWILL, ADDITION, 29949 feet to the point of beginning of the centerline to be described; thence North 01 degrees 09 minutes 40 seconds West 33,62 feet; thence North 31 degrees 1 1 minutes 09 seconds West 37.51 feet; thence North 46 degrees 48 minutes 25 West 65,56 feet; thence North 00 degrees 16 minutes 56 seconds East 16639 feet; thence North 50 degrees 56 minutes 33 seconds West 22A 5 feet to the west line of said of 1, and said centerlino there terminating. The sidelines of said easement are to :be prolonged or shortened to terminate at the south line of said Outlet A and at the west line of said Lot 1. TOGETHER WITH a drainage easement over under and across that portion of the most northerly 225,16 feet of Lot 1, Block 1, GOODWILL ADDITION, Washington County, Minnesota, as measured along the west line of the most noftherly 225,16 feet of said Lot 1, lying westerly of the above-described 10-foot wide drainage easement, Poncling and Drainage Easement Agreement 4/19107(v2) 14 EXHIBIT D • EXHIBIT E (Description of Drainage Facilities and Pond Construction Work) flainige Facilitips - A twelve-inch diameter storm sewer pipe within the Drainage Facility Area as shown on Exhibit C attached hereto discharging into the Pond. Pond Phase 1 - The pond and grading work shown in Sheet C1.1, Existing Conditions and Removal Plan, prepared by FoIz, Freeman and Erickson dated January 17, 2007, and described as Job No.06-205. Pond Phase 11 - The pond and grading work shown in Sheet C3.2, Grading Plan, prepared by Folz, Freeman and Erickson dated January 17, 2007, and described as Job No. 06-205. Poriding and Drainage Easement Agroement 4/19107( ' 15 5TP • CONSENT TO PONDING AND DRAINAGE EASEMENT AGREEMENT The undersigned, LaSalle Bank National Association, a national banking association, as mortgagee and/or assignee under (a) that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filipg dated September 1, 2006, filed September 7, 2006, as Document No. 1170510 (the "Mortgage"), executed by Oakgreen Villa, LLC, a Minnesota lirr!ited liability company, in the original amount of $5,950,000,00, in favor of LaSalle Bank National Association, and (b) that certain Assignment of Rents and Leases dated September I, 2006, filed September 7, 2006, as Document No 1170511 ("Assignment"), executed by Oakgreen Villa, LIE, in favor of LaSalle Bank National Association; a•alle Bank Ni A ss#dation By: Name: 1 S 1 EOF tau: couivry OF does hereby consent to and approve the making and filing of that certain PONDING AND DRAINAGE EASEMENT AGREEMENT to which this consent is attached, and acknowledges and agrees that the Mortgage and Assignment shall be subordinate to said POND1NG AND DRAINAGE EASEMENT AGREEMENT, and the easements, rights and provisions set forth therein. IN TESTIMONY THEREOF, the 1,indersigned has hereunto executed this instrument as of the `S day o f Crk AM 2007. Notary Public My expires :A b ?, Notary Stamp: 4110 THIS INSTRUMENT WAS DRAFTED BY: CSM. Corporation 500 Washington Avenue South, Suite 3000, Minneapolis, MN 55415 HELEN M, WILDERDING Notary Public.State of Minnosola My Comml,5sion Expires Jonuaty 31, 2011 The ioregoing instrument was acknowledged before me this day of , 2007, by i\-\c2, _ the -S of LaSalle Bank National Association, a national banking association, on behalf of the association. I, 1 • (CAA_ CC)NSTiNir by Bank Nziiiimai ,A3sociation Z vi w CL 0 0 r-- C Cpl. 0 EY CIL 0 U O uJ ce I W Z O [e Z W w z C w t�.