Loading...
HomeMy WebLinkAboutCity Council - 12/27/1983 EDEN PRAIRIE CITY COUNCIL AGENDA t -SDAY, DECEMBER 27, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning_Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. PUBLIC HEARINGS • A. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF S+6,000,000 00 FOR EDEN PRAIRIE HOTEL COMPANY (Resolution No. 83-310) III. ORDINANCES & RESOLUTIONS A. Resolution No. 83-311, amending the 1983 City Budget B. 2nd Reading of Ordinance No. 57-83, Rezoning. from C-Regionalto C_Regional Service of approximately 3! acres for a hotel and approval of Developer's Ayreeient for Hustad Developrent Corporation & Eden Prairie Hotel Company. Location: southeast quadrant of Hwy, 5/U.S. 169 & I-494 IV. REPORTS OF OFFICERS, BDARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of Finance Director 1. Clerk's License List - Olympic Hills Club License and Chester's Liquor License (continued from December 20, 1983) • 2. City Depository for 1984 V. ND,' BUSINESS VI. ADJOURNMENT. TO: Mayor and Council FROM: John Frane. DATE: December 23, 1983 RE: Public Hearing and Final Resolution (83-310) • " for Eden Prairie Hotel Company - $6,000,000. The project does not need a preliminary resolution. The.proceedure tonight will be to hold a public hearing on the project, close the hearing, and then to consider the final resolution (83-310). The estimated cost of the project is 47,000,000; the applicant will lease the project to Brock Residence Inns, Inc. The bond issue will be up to $6,000,000 and will be a public offering collateralized by U. S. Government Agency or U. S. Government Securities. . • CITY OF EDEN PRAIRIE, MINNESOTA . - NM/ cation for • Industrial Development Bond Project Financing I 1. APPLICANT: • i i R. Business Name - Eden Prairie Hotel Company ? , ' b. Business Address - 780 North Water Street ' Milwaukee, Wisconsin 53202 • c. ' Business Form (corporation, partnership, sole proprietor- ship, etc.) - Limited Partnership d. State of Incorporation or organization - Minnesota e. Authorized Representative - Kenneth E. Nelson - General Partner Helge Krist Lee - Attorney • f. phone (316) 684-7202 (Kenneth E. Nelson) , (414) 273-3500 (Helge Krist Lee) 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Kenneth E. Nelson cio Helge Krist Lee 168 South Dellrose Avenue OR 780 North Water Street Wichita, Kansas 67218 Milwaukee, Wisconsin 53202 b. Terry Vogt 705 Mulberry ' Weatherford, Oklahoma 73096 C. Mitch Anderson 1030 North State Suite 44L Chicago, Illinois 60610 -1- • 3. GIVE BRIEF DESCRIPTION OF-1 ATURE OF BUSINESS, PRINCIPAL ' 'PRODUCTS, INC: Real EstateDevelopment; in particular, the • development and leasing of the Project described below. • • 4. DESCRIPTION OF PROJECT Construction and equipping of a 128 unit, all suite hotel to be owned by the Applicant and leased to Brock Residence Inns, Inc. a. Location and intended use: Intersection of Interstate Highway 494 and State Highway 169 in the City of Eden Prairie, Minnesota. b. Present ownership of project site: Project Site presently owned by Wallace H. and Ruth K. Hustad who have agreed, pursuant to an• accepted Offer to Purchase, to sell the Project Site tothe Applicant:':! c. Names and address of architect, engineer, and gener • contractor: 5. ESTIMATED PROJECT COST FOR: Land $ 656,000 Construction Contracts 3,812,000 Equipment Acquisition and installation* 1,024,000 Architectural,aaei Engineering and Legal 2.00,000 • • Interest during Construction 540,000 Bond Reserve -0- -0- Contingencies ,1-0000 • ypoaut�`eesc Bond Discount 150000 Other Total $ 7,000,000 *Heating and air conditioning should be included as building costs. Indicate the kind of equipment to be acquired here. A 6. BOND ISSUE.-1 a. Amount of proposed bond issue - $6,000,000 • b. Proposed date of sale of bond - On or before December 30, 1983. c. Length of bond issue and proposed maturities - Ten year term. d. Proposed original purchaser of bonds - Miller & Schroeder Municipals, Inc. e. Name and address of suggested trustee - First Trust Company of St. Paul. f. Copy of any agreement between Applicant and original purchaser - See proposed form of Bond Purchase Agreement attached hereto. • • g. Describe any interim financing sought or available - None. h. Describe nature and amount of any permanent financing in addition to bond financing - None. ?. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Project will be located in the City of Eden Prairie. b. Number of employees in Eden Prairie? i. Before this project: None. • -3- ii. After this project? 22. c. Approximate annual sales - d. Length of time in business In organization phase at the present time. in Eden Prairie Same as above. e. Do you have plants in other locations? If so, where? None. f. Are you engaged in international trade? No. • 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None. -.012) • b. List all cities in which the Applicant has requested industrTal revenue jlpvelopment.financing. None. • • c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. N/A • • • d. List any city in which the Applicant has been refused • industrial development revenue financing. None. • • e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None. • -5- D • I. If Applicant has been denied industrial ideveldevelopment revenue financing in any other c, as in (d) or (e), specify the reason(s) for the denial • and the name(s) of appropriate city officials who . • have knowledge of the transaction. N/A g. NAMES AND ADDRESS OF: a. Underwriter (It public offering) Miller & Schroeder Municipals, Inc. b. Private Placement Purchaser (If private placement) None. i. If lender will not commit until City has ' passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. Submitted prior hereto. • • -6- • • b. Bond Counsel - Holmes & Graven, Chartered (John Utley) c. Corporate Counsel - Godfrey & Kahn, S.C. (Helge Krist Lee) i • d. Accountant - Not yet selected. 10. WHAT IS YOUR TARGET DATE FOR: • a. Construction start -• June 1, 1984 b. Construction completion - March 1, 1985 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. EDEN PRAIRIE HOTEL COMPANY Applicant By enneth E. Nelson, General Partner December go , 1983 Date -7- �; RESOLUTION NO. 43'.J/ AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF EDEN PRAIRIE, MINNESOTA, COLLATERALIZED COMMERCIAL DEVELOPMENT REVENUE BONDS(RESIDENCE INN PROJECT), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT(THE "LOAN AGREEMENT"); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE INDENTURE OF TRUST, THE LOAN AGREEMENT, THE COLLATERAL AGREEMENT, AND THE BOND PURCHASE ' AGREEMENT; APPROVING CERTAIN OTHER DOCUMENTS AND AUTHORIZING •' • EXECUTION OF CERTAIN DOCUMENTS; APPROVING THE FORM OF AND n AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND , PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID BONDS. . WHEREAS, the purpose of the Minnesota Municipal Industrial Development • Act, Minnesota Statutes, Chapter 474, as amended (the "Act"), as found and determined by the Legislature of the State of Minnesota,is to promote the welfare . of the State of Minnesota by the active attraction, encouragement, and develop- ment of economically sound industry and commerce to prevent so far as possible tfie emergence of blighted and marginal lands and areas of chronic unemployment, and for this purpose the State of Minnesota has encouraged action by local governmental units;and 7 WHEREAS, factors necessitating the active promotion and development of r . economically sound industry and commerce, as found and determined by the Legislature of the State of Minnesota, are the increasing concentration of population in urban and metropolitan areas, the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the a increased population, and the need for development and use of land which will provide an adequate tax base to finance these increased costs;and • WHEREAS, the City is authorized by the Act to enter into a revenue agreement with any person, firm, or public or private corporation or federal or state governmental subdivision or agency in such manner that payments required thereby to be made by the contracting party shall be fixed,and revised from time to time as necessary,so as to produce income and revenue sufficient to provide for the prompt payment of principal of and interest on all bonds issued under the Act when due, and the revenue agreement shall also provide that the contracting party shall be required to pay all expenses of the operation and maintenance of the .. i project including, without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation i thereof, and all taxes and special assessments levied upon or with respect to the project and payable during the term of the revenue agreement;and WHEREAS, the Act further authorizes the City to issue revenue bonds, in anticipation of the collection of revenues of a project, to finance, in whole or in • part, the cost of acquisition, construction, reconstruction, improvement, better • - ment,or extension of such project;and 1 WHEREAS, the City has received from Eden Prairie Hotel Company, a Limited Partnership (the "Developer"), a proposal that the City finance a project for purposes consistent with the Act, said project to consist of the acquisition, construction and installation of a hotel facility(the"Project")in the City;and WHEREAS, the City proposes to finance the acquisition, construction and installation of the Project pursuant to authority conferred by the Act through the issuance of the Bonds,as hereinafter defined;and WHEREAS, Miller do Schroeder Municipals, Inc. (the "Underwriter")proposes to purchase said Bonds;and WHEREAS, issuance of the Bonds is contingent upon approval of the Project by the Minnesota Energy and Economic Development Authority as required by Section 474.01,subdivision 7a,of the Act;and WHEREAS,said Bonds issued under this resolution will be secured by a pledge and assignment of the Loan Agreement,as hereinafter defined,and of the revenues • derived by the City from the Loan Agreement, and said Bonds and the interest on said Bonds shall be payable solely from the revenue pledged therefor and the Bonds shall not constitute a debt of the City within the meaning of any constitutional, charter, or statutory limitation nor shall constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. That for the purpose of financing the acquisition and construction of the Project there is hereby authorized the issuance, sale, and delivery of revenue bonds in the aggregate principal amount of$6,000,000 to be designated the City of Eden Prairie, Minnesota, Collateralized Commercial Development Revenue Bonds (Residence Inn Project) (the "Bonds") to the Underwriter. The Bonds shall be in such denomination, shall be numbered, and shall be dated, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture of Trust dated as of the • date of the Bonds (thc "Indenture") between the City and First Trust Company of Saint Paul, in St. Paul, Minnesota as trustee(the "Trustee"). The City Manager is hereby authorized to perform the duties and functions of the City identified in the Indenture. 2 2. That the Bonds shall not be general obligations but shall be special limited obligations of the City payable solely from the revenues derived from the Loan Agreement dated as of the date of the Bonds, and executed by the City, Peoples Savings and Loan Association, F.A. ("Peoples"), and the Trustee (the Loan Agreement') and the Collateral Agreement dated as of the date of the Bonds,and executed by Peoples and the Trustee (the "Collateral Agreement") in the manner provided in the Indenture. The Bonds shall be secured by the Indenture. The Mayor, or any members of the City Council (hereinafter referred to as the "Mayor"), City Manager, and City Clerk of the City are hereby authorized and directed to execute the Bonds in accordance with the Indenture. 3. That the Loan Agreement, the Indenture,the Collateral Agreement and the Bond Purchase Agreement, dated as of the date of this resolution, by and between the City, the Developer, Peoples, and the Underwriter (the "Bond Purchase Agreement")are hereby approved, including the provisions relating to the indemnification of the City. The Mayor, City Clerk,and City Manager of the City are hereby authorized and directed to execute and deliver the Loan Agreement, the Indenture, and the Bond Purchase Agreement,substantially in the forms now on file with the City, with such necessary and appropriate omissions, modifications, Insertions, and additions as are not materially inconsistent with the form on file with the City, consistent with the Act,as the City Manager in his discretion shall determine. The execution of the Loan Agreement, the Indenture, and the Bond Purchase Agreement by the City Manager with the advice of the City Attorney shall be conclusive evidence of such determination. All of the provisions of the Loan Agreement, the Indenture, the Collateral Agreement, and the Bond Purchase Agreement when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if 3 incorporated herein and shall be in fuhliorce and effect from the date of execution and delivery thereof. 4. That the Mayor, City Clerk,and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance,sale,and delivery of the Bonds, including the election required to be made by the City pursuant to Section 103(b)(6)(D)of the Internal Revenue Code of 1954,as amended,and Section 1.103-10(b)(2)(vi)of the Regulations promulgated pursuant thereto. 5. That all covenants, stipulations, obligations, and agreements of the • City contained in this resolution and the aforementioned documents shall be • deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City upon execution and delivery of such documents. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or its officers by the provisions of this resolution or of the aforementioned documents to be executed and delivered by the City shall be exercised or performed by the City or by such officers of the City, or such board, body, or agency thereof as may be required by law to exercise such powers and to perform such duties. • • No covenant, stipulation, obligation, or agreement herein contained or r' contained in the aforementioned documents shall be deemed to be a covenant, S stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person's individual • capacity, and neither the City Council of the City nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 410 8. That except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation,other than the City,Peoples,the Developer or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the Developer, Peoples, and any holder from time to time of the Bonds issued under the provisions of this resolution. The City reserves the right to withhold execution and delivery of all such documents in the event the City Manager and the City Attorney are not satisfied as to the form and content of such documents or any other material aspect of the above referenced issue. 7. That in case any one or more of the provisions of this resolution(except • any provision limiting the City's liability under the Bonds), or of the aforementioned documents (except any provision limiting the City's liability under the Bonds), or of the Bonds issued hereunder (except any provision limiting the City's liability under the Bonds)shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 8. That the Bonds shall contain a recital that they are issued pursuant to • the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof,and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this Ar 5 resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen,exist,and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds, and precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 9. That the officers and other agents or employees of the City are i hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements • contained in the Bonds,the aforementioned documents,and this resolution. 10. That the City Manager, or in his absence, the designee of the City . Manager, is hereby designated as City Representative for the purpose of taking all actions and doing all things required to be taken or done by the City Representative pursuant to the aforementioned documents. 11. That in the event any of the officers of the City authorized to execute documents on behalf of the City under this resolution shall for any reason be unable to do so, any other officer of the City authorized to act for such designated officer is hereby directed and authorized to do so on behalf of the City with the same effect as if executed by the officer authorized to do so in this resolution. 12. All actions of the members, employees,and staff of the City Council heretofore taken in furtherance of the Project are hereby approved, ratified and • confirmed. 13. The Mayor, City Clerk, and City Manager of the City, and other officers of the City are authorized and directed to prepare and furnish with regard to the issuance of the Bonds, certified copies of all proceedings and records of the CO/ 1 City relating to the Bonds and such other affidavits and certificates(including but not limited to those required by the Bond Purchase Agreement)as may be required to show the facts relating to the legality, tax exemption,and marketability of the Bonds as such facts appear from the books and records in said officers custody and control or as otherwise known to them; and all such certified copies, certificates, and affidavits,including any heretofore furnished, shall constitute representations of the City as to the truth of all statements made by the City and contained therein. 14. The Trustee is hereby appointed authenticating agent with respect to the Bonds pursuant to Minnesota Statutes, Section 475.55, and paying agent with respect to the Bonds pursuant to Minnesota Statutes,Section 475.553. The Trustee is hereby directed to accept as additional security for the Bonds such other documents and instruments as shall be provided to it by the Developer or Peoples or any other person or entity. If so required thereof the Trustee is hereby authorized to become a party to such documents and instruments and to take all necessary and appropriate actions thereto as required by a party to such documents and instruments. 15. The issuance of the Bonds and the transactions contemplated thereby are hereby found to be consistent with the procedures of the City established for such undertakings and, in the event of any inconsistencies, strict compliance with such procedures is hereby waived. 16. The City hereby authorizes the Mayor and City Manager to consent • to the circulation of the Preliminary Official Statement and the Official Statement to be prepared by the Underwriter in connection with the sale and delivery of the Bonds. EIP 17. Issuance of the Bonds scant to this Resolution and the Identure is expressly contingent upon approval of the Project by the Minnesota Energy and Economic Development Authority. • Adopted by the City Council December 27,1983. Attest: Mayor City Clerk Reviewed for administration: Approved as to form and legality: City Manager City Attorney • 6 • TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: December 23, 1983 RE: 1983 Budget Adjustments - Resolution No. 83-311 Revenue + $99,000 - Building Permits Expenditures + $13,000 - Hall remodeling + $22,000 - New Hall Roof + $29,000 - Legal - Criminal + $35,000 - Legal - Landfill JDF:bw 12/23/83 • TO: Mayor and City Council FROM: John D. Frane,Finance Director DATE: December 23, 1983 RE: Clerk's License Fees We checked the golf club license fees in six communities: 1 charges $100 1 charges $500 3 charge based on memberships 1 has a regular on-sale license JDF:bw 12/23/83 • • Brock Residence Inn CITY"OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 57-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND °' IN EACH DISTRICT, AND, ADOPTING 8Y REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 • WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance a . (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the C-Reg Oistrict and be placed in the C-Reg-Ser District. • Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the C-Reg District and shall be included hereafter in the ' C-Reg-Ser District, and the legal descriptions of land in each District referred to • in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. • Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their • entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , entered into between Eden Prairie Hotel Company, a general partnership, and the City of Eden 4` Prairie, and that certain Owner's Supplement to Developer's Agreement, between Wally • J. and Ruth Hustad, husband and wife, and the City of Eden Prairie, dated as of , which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of December, 1983, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: • John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of Brock Residence Hotel • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983 by and between EDEN PRAIRIE HDTEL CDMPANY, a general partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter`, referred to as "City," WITNESSETH: WHEREAS, Developer has applied to City to develop 4.33acres of land for a 8rock Residence Hotel to contain 128 rooms, located in the southeast quadrant of T.H. 5/U.S. 169-212 and I-494, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as "the property," and; NOW, THEREFORE, in consideration of the City adopting Drdinance f57-83, Develope.l covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall plat and develop the property in conformance with the plans dated December 15, 1983, reviewed and approved by the City Council on December 2D, 1983, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer shall submit a complete application for site plan review with such information and following the procedures as required for a rezoning application in the City Code and an application for a preliminary plat within 60 days of the date hereof. • 4. All building structures to be constructed upon the property, shall have exterior material of brick or comparable material as determined by City Council, • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as, of the day and year aforesaid. CITY OF EDEN PRAIRIE • Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Developer's Agreement-Broc-IrResidence Hotel page 3 • . EDEN PRAIRIE HOTEL COMPANY • Mitt lderson, lim ted partner STATE OF MINNESOTA) SS. • COUNTY OF HENNEPIN •T foregoing instrument was acknowledged before me this day of ee+i 1 , 1983 by Mitchell A. Anderson, partner, on behalf o the Eden Prairie Hotel Company, a general partnership. ieKATE KARNAS Pef-vA'4- -..11 iC NOTARY P UIIC-MI NESOTA HENNEPIN COUNTY MY commission empire, Apr.d,HIP . . r'. aw vt naV' C,-I vo CO Or 50 u3ena(� 5n'-5'nc:^o g '7..i • ny' V ° N V in f7C n =O O A O N n A .+ a n N. N a " a Y . n' C . 7 -ii o n FGQ nOQ %....7 :; E wel tl. ?o - n " w�ry"a �-. -.°pn o vA w ows `v ^ .+ `< .+ � N 0ONa ^a 0.4 n 7..•snv.-•< -, mg NOc 4, '� A 7_3 7 7 n Oo °,O / O.'� x 3 .+ CO rw 0 a a"W E" a .0 E p a „ •' • •�Va7 C .< Nn •+ a0 na003 b 0.O O EO'`< Qj ...anon,Na o �^ a^ � w °'oi 7Gp G►•°no F3 g .< 0. 0,V pi a An0 ....pp N..0,00 N rw" 1.,,'< a4 ° Z.. ..... a tin tn »_ (0 A C.A NG A N .w a A > K F. F. W » ^ a_6 dp a•a 7 Q re .. ~ • g N a M,w0 N n n O n N C" N , n .. A 3 O 3.51 C d I..." N a?Co' 2 W 0 5- . ^ ,< 4 '. .... ^ N..en. t o in. 7 7 O N'� • A n 3 n 7C-ni r O n 00 0 •42 " o p 3.7 Onn N07C NC Wv7 O::a N .a. ONn A� ^ o a £pp...0 v0r"'w rr`„"n °y c o ..5n00, 2A7 .. an3s.. A8e,, 50 ' � n °O0 ?_$ n O'v/ En (7; ua7E 400riaow° c0 �n .0.77 .+ ».0 yy�. =.I� .Fo^ o �_un.�0 sn �^ ,.„ ..a< S!n0. pp sg N °+.tT N 7 (�'_a. »V C y. ? C n 7 rw fY •i •H F H, o •n ..""n W n .. a. w._ A A ° N �v.o^� na000 nuns' o acn $°'o pF� N7 `" .. oEirap =tnnMOn ^ pzna`- '� - ^ p na 0 .,04NN •nt.O(.C A .7. .'i =a 3 .a•. n =n O'< �ACA AnanQ Vw. ' oo � . W• a aV,w E � (n .°...°70 n 12A »°. ?E a Fw ? to �(0IA* ck. < p0,n0° 7a» Cr O; A .. n 5-V, a 0 0 a7 v'A A n 00 • WAn o" 7••A G1 (o.N 2 0 7 N 5 .4 a 7 w o a'O 7 w •N+ •n GF w 5 0.0.7.0 ......� a 0 t., 0 2"N-•n i+ c GP 7' V 514 " can � ory `ncAaOo ,`" gc0 "; onQtads°O3 7n a•A�0 $o(^^ 00 " 7o7nwaa7c E 017 U 0.a ona c`$ � ao n�aN,g a�nuR•Oi ..Q° ma 'PE m a ....4V70a NJw ,o�j •4° 77+••• °,a?; < O O'+0p .^, to 3Gry-4 °y '•• o(noto.°•..tA" 7• Qnna.rt s0^ra7 n^ OPi -. C 7 a•0 n, O MN RNC NN7 '°t..xw re"` A0" r r 0 5 A i ".+.< ^A n " 0 0.1 °.^I a ., a ., w 0.^ , - `"m'^ ".6 "nl. � E cW.�' n.< -1 II, it p i w.p. a p O y A O• A 0 pp 0 3 3 A 00• rt. 70 F o o N %,n a 0. .a O_0 Vj "•- a•rn .n. a7AO.in ^ 0 No 8 O^ pn,00 Mn -4N .. A 7_ 37n°°pi _3.<n,<07 nN .. = n VAp7n .+ a 0o� a. t 00'• " 0.G N OA to u. N?; et j 7IV E.inc -ona o t',5 ° "''. .."a a'?is , 4� 8 w 0 7 n N°-°i 0 �""'3 W o 7 (I .0 3 ' 0`< �'+ .,,°'o 0 0 N no " o .5 A $N N A n•p ..1 ..,fOto, .•..A A a< V A a oo a C•a tT r_ g Q.A a GN v 070 ..n< uT00 a 7- N to 00 ". O o 0 '•»' 0 Q n N A " 3- ° ° .. p• " O n (1. o0yr> >0 NN."';Oas Z » HOZNn 3.V in a.°� vni 57 .. Fa • VN'< fl 7A OX A -W L"N N, yy!! 00 n A "it • ..• " » 00 no7.i 7 NJ+ A as.4 - '... yf -• mown 000• in a N "•nrx 0 _,n A w 7.n w O A O n fi 3 050 A .np.,'C w. n a rv.,'on Ial N p a 7•00 oo o C o-p V A < w C A •• r A v r...N n n .. 0 7 • .. a 7,in M 0 N in •007 0 on •' rw A I _;4. n ..n i A fi.. .°,, n 0u 7 n • a a .. .. _ A ra t ..0.ro ..•, n, E ua. "LA N N `• II a° fiA o30sN ° Oto o•.. ••I7 7 a E as • 0N0'••N Z (70na.° N '" .. 7 aEn � 3 � O < A O^ n .4 o. .•w< O NJ in,.O.4,0 v...C z omww°-• c. n firto ... ..a< O7 0. n0 as co7 .. r„r. t aU^3yA� Z oap ^A 7A H 1w rwAA v $ ., a ^-sA nEo- Aw � �.EtnNtna� � g7atinn� ' as CO ..." •• ,X'Ma0H o'1�w ,�a••• 4•00 0 Wp to ••y V.MO top •F, 7a W .Dn 7 n'+ a. • • po .^+.A -o• A pS0.N X F 7 w .. H(p i. 7 A .7i rn j .t. a W n F V' 4 V a. .-• P.00 E e N'C s A N o w n N V A E C In a tan as ant 7(O Nr. p na0 �. 7 x ,DO'N D7 .. O a °.A A ~ a .. tC. %. A A N r N N..• A O A 7 M.< n (17,(0.1....(7 �- a A`< 7 00 n n 3• a v .. .. o to .y OP 000 a.. 2 0 0 0 .- 'n, n .. a :.a 1D•, O A C j •, 7 a i :.N a 7 7 i E 7 W 7 co a 0 ° =«, gg A s w a Oo •' N `"2-, '•i . No � � ^aao.o n acr oo '"a•< an C1w oo •- E.n 0 C'"ii�Z0Aa....°�..oNo,� .� a ' .- uwT•a�.(Poa�aN3.ovm°•rn � L � n fin *,o !^o.-- .4 4.-•r-00o� .°o 3aoovro5 -nDo °i" " •°'.A �^ 23 '•<E• "•< tyW Oa °°o •° �oo�yyno1^'o x i7i 0 7 O 7 M°00,o rt tT 7 W vt'A. & ▪ C y A [D C N 7 n 7 "� to rw A « ° .F, oa(oE `D.FON �iv ° Q (oo t.�° an ° cr., . 8704 .Wi. p0 ^ °. 0,gF. p N d -'^w i0 A 7 A V .. a'< •'• 7C••A Z.+- Ri•i.N fo A rn n i^6�;• w F 0 " Z 2 0 •< (p a p 7 0 a o0 00 3 ., ~. o(0 rao .aN. n n m i d p » a o°in N c =Q0s c o �3 a oW°�o w°•°, s a 7.^ ..`•2 < 7. gr3 a0D *.' a� rv7 , rya(� 3 so oy n » (�ocoa�� v ..CI go w�� 3.� Nn 7noN a a4y" aw owVC n n * E ". 7 ~ -• M2.WaE..e..»a .a.►" in ." ti"''' ":" o 5.a V V 4 x.0.p. `� `.< n a A,7 t" �.•° ., F Ono-0, 7 j z 3 .. ro n n N? Njaa 7Awoo w.'•7 �` 2(nC 5' 3a a00 a`tni. 3 ^ PO fiA.40 =: 3.3n °w'P ° a'^ro N o. o ^ 0.(0 tao 7 '.o •4177yy. ^V ' 7 .N+ 77 7 ••A 7n ONO" N ftH O.n+r Oe' pZ a ,A,,f1 N W ..N» N0wao 71 �oo -`t ^ n C ° ° ^ � n. •"p 7 w S~• 0,o ,.. A v n VI N A n A N'.-•.�,z n eii 7° n aoNFoonc, a.-Dn* 3 � a a N3 fO £ vvi+v ^ on"'i3o COO G N 000.tTA Don .Ni •t'h7 .0 O a r•'• ,O 7 < .. fiV.N 7 . n.. 7 V. N V W a 3 tj W .. N c .. 7 Z L. N^ ,< ?`n Q•yA die yrn N N » �•..°,ry pm1 n a Z r� n oti v n n -T N i9 w A n Z V ~ a', n 1-N *0 N 7 0 • (U g't .° A 7 o O N ; O 0 C (, o N 00 A E 7 7 n n C •, J C A A so a p A r F 2 V.A, N 7 CM 5.w .+v Z Q. 0 .n 0.a_-A 7 0 < n .. N N h O w .. < 0 u '. c,....0 , O t.'7 G Os N N r N a r..A A 7.O r .+ ... O A .w 7 Q`t.•`<. toN rw A�t O w �, t EXHIBIT A y S ' • �\ \ ; tj- ' ..,f/ :.�.f.1; �. • \ \,•• 11 ` w ` \. '.\ '''' . .1- ''t 1:"..."1-' ::4'j .. . .. l'i (\'‘. ... 2. :.-: ' • • 2 ''''' l , `- `1A ' * , 1 ? ] 1 'v Ip + , t . /. �* y Nil 1 1 f' i i h._ 1 ,, ), . , -i i• \ \ ..i..74--4.,.._'1 .?".L,,,..r. • IIIL. i • ' )",. _ „ 71: ...)• ...0.41,:7-----...: --- I • -• -,'. - -••-z• i - tlt • • tit I Z j•+ •\. CI 0 to �"• r - . 1....li -t . • a1 1 C L 1 M f ' / . t OWNER'S SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN EDEN PRAIRIE HOTEL COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of l 7 , 1983, by • and between Wally H. Hustad and Ruth Hustad, husband and wife, as joint tenants, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #57-83 changing the zoning of the property owned by Owner from C-Reg to C-Reg-Ser as more fully described in that certain Developer's Agreement entered into as of 2.7 IL , 1983, by and between Eden Prairie's Hotel Company, a general partnership, and City, Owners agree with the City as follows: 1. If Eden Prairie's Hotel Company fails to proceed in accordance with the Developer's Agreement within 6 months of the date hereof, Owner shall not oppose the rezoning of the property to C-Reg. 2. This Agreement shall be binding upon and enforceable against Owner, their successors, heirs, and assigns of the property. 3. If the Owner transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. a ly us ad e- .J_V71//e.d,e4-7, RuthOustad STATE OF MINNESOTA ) - - ) SS. COUNTY OF HENNEPIN ) g. The foregoing instrument was acknowledged before me this a7 day of /,Q.lr r,,,,,SeL. ,1983. s. ....-..,-tr. Linda 0.Perry l,'t;;r; Meee,Ne Geary 04 M/G�•Nwe Enim Mir.00,1110 Notar Pub l C 1 CITY • Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public Brock Residence Inn CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-312 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 57-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 57-83 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 57-83, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 57-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on , 1983. i .. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk Brock Residence Inn The following is the full text of the City of Eden Prairie Ordinance No. 57-83, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 57-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be . removed from the C-Reg District and be placed in the C-Reg-Ser District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the C-Reg District and shall be included hereafter in the C-Reg-Ser District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their 7 entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , entered into between Eden Prairie Hotel Company, a general partnership, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Wally a. J. and Ruth Hustad, husband and wife, and the City of Eden Prairie, dated as of , which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden �. Prairie on the 20th day of December, 1983, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of • Summary of Developer's Agreement: Brock Residence Inn Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's • Agreement provides for: 1. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 6. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 7. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 6 (six) months. • 9. Application of the Developer's Agreement to transferees of the land. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. 12. Developer shall submit a complete application for site plan review with such information and following the procedures as required for a rezoning application in the City Code and an application for a preliminary plat within 60 (sixty) days of the date hereof. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-313 A RESOLUTION APPROVING FINAL PLAT OF TIMBER LAKES TOWNHOMES 3rd ADDITION WHEREAS, the plat of Timber Lakes Townhomes 3rd Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, a plat titled Timber Lakes Townhomes 3rd Addition was previously approved on May 4, 1982, (Resolution No. 82-98), but was not recorded, and WHEREAS, said revised plat is in all respects consistent with the original plat approved, City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Resolution No. 82-98 is hereby rescinded. B. Plat Approval Request for Timber Lakes Townhomes 3rd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated April 27, 1982. C. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. D. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. E. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. F. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on December 27, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician .), e DATE: December 23, 1983 SUBJECT: Timber Lakes Townhomes 3rd Addition PROPOSAL: The developer, Richard Miller Homes Inc., is requesting final plat approval of the Timber Lakes Townhomes 3rd Addition. This is a 6 unit townhome addition (RM 6.5) located east of Timber Lakes Drive and is a replat of part of Outlot B, Timber Lakes, in the north ;i of Section 17. Outlot A will be replatted at a later date. HISTORY: The revised Mitchell Lake PUD 75-04 (now known as Timber Lakes) was approved by the City Council on December 2, 1975, through Resolution #1065. The preliminary plat was approved by the City Council on May 2, 1978, per Resolution #78-89. Zoning to RM 6.5 was finally read and approved by the City Council on May 21, 1976, per Ordinance #326. • The final plat submitted for approval conforms with the approved preliminary plat. VARIANCES: A variance from the requirements of Ordinance #93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities and streets installed in conjunction with this plat will be owned and maintained by the Timber Lakes Homeowners Association. PARK DEDICATION: As required through the Rezoning Agreement executed May 21, 1976, a cash contribution in lieu of land in the amount of $250 per living unit will be paid by the developer upon issuance of building permits. Pg 2 - Final plat Timber Lakes Townhomes 3rd BONDING: All utilities and streets within this plat will be privately owned and maintained; therefore, bonding will not be required. RECOMMENDATION: Recommend approval of the final plat of Timber Lakes Townhomes 3rd Addition, subject to the requirements of this report, the Rezoning Agreement dated May 21, 1976, and the following: 1. Receipt of street lignting fee in the amount of $451.80. DLO:sg • I r til Si S wesr i.8_ry ----1Z--------: . -"' • ••:•::•::::::::•:•• •• ••::::::::::::::::::•:::::::: :::::e • PINE DR_ • . ........: ::: :.„::...Aft ...::::•:„....::.:. ....... PO ::::•:::::::;:;::::;:::::::,::::;:::;:*;:', AlliW ‘`• Iligh .....:..:...":......:****** ...:::.....:.:::::::::.*:::::•::::::::;:i:;::i::::11 ti . 1,1 ,liglop 4., (Mf'fGH6LL LAkF 1 ••••:•••:•::•;,...::•:•:•:•::.:•::::.:•::::.:,....14 i,,:::i:i:.:::i::.:. la prip S 'ra Pi Ilk • • �i MItGHL-iL LA ,,1448.) g. c rat_ 0 .:::•:::::::::::::::: % iik • ., 0 z •.::::::::: :::•:::,.::::::i4:::•:.:4:::......:,...:•.::::.i::::::::::.:::::::::i::::::: :: ::i::i:.: . - / . , I -• .I.I.I t.::::•. • �•• �• / : : MoRS4 , ` 'I_ coo' 1 • NOTE. STREET NAMES IIJ D2E / • NAMES IZEFE2RGD 7o IN � O EEaouING �GR.....- , y1