Duckwood Crossings PD AmendDOC#
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CAKOT C034NTY
FIRST AMENDMENT TO
PLANNED DEVELOPMENT AGREEMENT
LOT 1, BLOCK 1, DUCKWOOD CROSSINGS
(HOLIDAY STATIONSTORES)
THIS FIRST AMENDMENT TO THE PLANNED DEVELOPMENT AGREEMENT
( "Agreement ") is made this I" day of August , 2005, by and between the CITY OF
EAGAN, a Minnesota municipal corporation (hereinafter the "City ") and HOLIDAY
STATIONSTORES, INC. a Minnesota corporation, (hereinafter referred to as the "Owner "),
(collectively the "Parties ").
and
WHEREAS, the City Council of the City is the official governing body of the City of Eagan;
WHEREAS, the Owner is the fee owner of Lot 1, Block 1, Duckwood Crossings (the
"Property"); and
WHEREAS, the development and use of the Property is governed by a Planned Development
Agreement, dated the 15th of August, 1989, (the "Development Agreement "); and
WHEREAS, the Development Agreement runs with the land until terminated and is binding
upon the successors and assigns of the original owner and developer; and
WHEREAS, the Owner did submit plans for an amendment to the Development Agreement
to allow outside display of products; and
WHEREAS, the Advisory Planning Commission of the City did hold a public hearing on
July 26, 2005, and did recommend approval of the amendment to the Development Agreement
subject to the conditions set forth on Exhibit "A;" and
WHEREAS, the City Council of the City did review the proposed amendment on August 1,
2005, and did concur with the recommendation of the Advisory Planning Commission; and
WHEREAS, the Parties hereby acknowledge that this Agreement and the Exhibits attached
hereto constitute the First Amendment to the Development Agreement for the Property.
NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows:
1. This Agreement applies only to the Property and is subject to the conditions set forth
on Exhibit "A."
2. This Agreement is intended to supplement and amend the Development Agreement
covering the Property.
3. This Agreement includes the following plans attached hereto as Exhibit B. A full -
size copy of this exhibit shall be on file with the City of Eagan Community
Development Department.
Exhibit B — Site Plan dated June 29, 2005
4. This Agreement shall run with the land untilterminated and shall be binding upon the
successors and assigns of the Applicant.
5. All other terms and conditions of the Development Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the date and
year first above written. \
CITY OF EAGAN
A Minnesota Municipal Corporation
By:
Pat Geagan
Its Mayor
By: `� I �t P • o
Maria Petersen
Its Clerk
HOLIDAY STATIONSTORES, INC.
A Minnesota corporation
By: Qd, R, (signed)
By// James R. Hupp (print)
Its: Assistant Secretary
APPROVED AS TO FORM:
e::: i '� � /,—:,'
Eagan City Attorney
STATE OF MINNESOTA)
(Seal)
APPROVED AS TO CONTENT-
City Planner
ss
COUNTY OF DAKOTA)
On this _�: day of � , 2005, before me a Notary Public within and for
said County personally appeared PAT bEAGAN and MARIA PETERSEN to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the
City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf
of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said
instrument to be the free act and deed of said municipality.
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STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
On this 3rd day of October , 2005, before me a Notary Public within and for
said County personally appeared ,Tames R. Hupp , who being by me duly sworn, did say
that he is the Assistant Secretary of Holiday Stationstores, Inc., a Minnesota corporation,
the corporation named in the foregoing instrument, and acknowledged said instrument to be the free
act and deed of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, Minnesota 55122
(651) 675 -5600
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Notary Public
EXHIBIT A
1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota
County Recorder's office.
2. The following exhibits are required for the Planned Development Amendment Agreement.
• Site Plan
3. The location, items (propane tanks, firewood and salt) and amount of outside display shall
comply with the approved Site Plan dated June 29, 2005.
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EXHIBIT B
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Plan 1113 1�11 EAGAN MN
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Plan 1113 1�11 EAGAN MN
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