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Oakview PD AgreementFINAL PLANNED DEVELOPMENT AGREEMENT HOLIDAY STATIONSTORES, INC. LOT 1, BLOCK 2, OAKVIEW CENTER THIS AGREEMENT, made thisZGI�F day of 1999, by and between the CITY OF EAGAN, a Minnesota municipal corporation (herein er the' ity ") and HOLIDAY STATIONSTORES, INC., a Minnesota corporation (hereinafter the "Applicant "). WHEREAS, the City Council of the City is the official governing body of the City of Eagan; and WHEREAS, the Applicant is the Owner of Lot 1, Block 2, Oakview Center (the "Property "); and WHEREAS, the development and use of the Property is governed by a Preliminary Planned Development Agreement which is dated the 16th of June, 1998 (the Agreement); and WHEREAS, the Agreement runs with the Property until terminated and is binding upon the Applicant; and WHEREAS, the development plans for the Final Planned Development are in compliance with the Agreement; and WHEREAS, the parties hereby acknowledge that this Final Planned Development Agreement and the exhibits attached hereto (Exhibits B -F) constitute the Final Planned Development for Lot 1, Block 2, Oakview Center. NOW, THEREFORE, it is hereby agreed to and between the parties hereto as follows: This Final Planned Development Agreement applies only to Lot 1, Block 2, Oakview Center. 2. This Agreement is intended and shall supersede and replace any and all prior Planned Development Agreements previously covering the Property, including any Preliminary' Agreements. This Final Planned Development Agreement includes specific conditions to the development as set forth herein (Exhibit A). 4. The Applicant shall use and develop the Property in conformance with the following plans attached hereto. (A full size copy of these exhibits shall be on file with the City of Eagan Community Development Department.) • Exhibit B - Site Plan dated 3/24/99, last revised 5/27/99 • Exhibit C - Building Elevations dated 5/27/99 • Exhibit E — Landscape Plan dated 5/21/99, last revised 6/28/99 • Exhibit E — Signage Plan dated 5/27/99 • Exhibit F - Site Lighting Plan dated 5/27/99 The Final Planned Development Agreement shall run with the Property until terminated and shall be binding upon the successors and assigns of the Applicant. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above written. CITY OF EAGAN A Minnesota Municip BY: I U� ' / Patricia E. Awada Its Mayor BY: "Y%IL . VanOverbeke Its lerk HOLIDAY STATIONSTORES, INC. a Minnesota Corporation By: Arnold D. Mickelson Its: Assistant Secretary Dated: ;7 — '? -0 APPROVED AS TO FORM: Eagan City Attorney STATE OF MINNESOTA) ss COUNTY OF DAKOTA) APPROVED AS TO CONTENT: Senior Planner On this Zo/—# day of , 1999 before me a Notary Public within and for said County personally appeared P CI AWADA and E.J. VANOVERBEKE 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. STATE OF ss COUNTY OF otarygublic Is MARILYN WUCHERPFENNIG NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 On this d day of , 1999 before me a Notary Public within and for said County personally appeared LD D. MICKELSON, the Assistant Secretary of HOLIDAY STATIONSTORES, INC., the corporation named in the foregoing instrument, and said Assistant Secretary acknowledged said instrument to be the free act and deed of th c rporation. As AVID D. HOESCHEN A Low VNIOrTARY p UBLIC-MINNESOTA Notary Public y Comm. Expires Jan. 31. 2000 THIS INSTRUMENT WAS DRAFTED BY: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 (651) 681 -4600 I�:�.1 1. All sides of the building shall receive the same architectural treatment. 2. All trash and recyclable storage areas shall be contained within the principal building or within an enclosure attached to the principal building. Enclosures for the outdoor trash and recyclable storage must meet the design standards set forth in the Zoning Code. 3. Any outside storage or display of merchandise or goods shall comply with City Code requirements. 4. Any rooftop mechanical equipment shall be screened from view from the public right -of -way and adjacent properties to the satisfaction of the City. 5. One monument sign up to 12 feet in height is allowed on the west side of the Property. One directional sign up to 6 square feet in area is allowed on both the north and west sides of the Property. All free standing signs shall be set back a minimum of ten feet from all property lines. 6. All site lighting should be shielded, directed and diffused so as to prevent the source of light from being directly visible from public rights -of -way and adjacent parcels. Particular attention should be paid to shielding the light from residential properties to the north and east of the site. 7. Canopy and wall pack lighting shall be recessed so that the light source is not directly visible from the public right -of -way or adjacent properties. 8. Street lighting shall incorporate decorative light fixtures and be consistent throughout the development. if ",9�� f It` -IfIjt b i;4N f •lit : � 'j :[ p6 4- i t ` j JOB RI 0 FI ^A flf�t . 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