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HomeMy WebLinkAbout08-07-97 Clty Of Lakevllle PLANNING COMMISSION MEETING MINUTES August 7, 1997 The August 1997 Planning Commission meeting was called to order by Chair Rieb at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken: Present: Bellows,. Alternate Member Luick, Wanner, Rieb, Amborn, Cecchini, Wulff. Absent: Miller, Kot. Also. present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director;. Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Jim Walston, Assistant City Attorney; and Donna Quintus, Recording Secretary. The minutes of the July 10, 1997 Planning Commission Meeting were amended to show Chair Rieb as absent from that meeting. • The minutes of the July 10, 1997 Special Planning Commission Meeting were approved as amended. The July 17, 1997 Regulaz Planning Commission Meeting were approved as printed. ITEM 5: ANNOUNCEMENTS: Community and Economic Developmen# Director Michael Sobota distributed to the Commission a letter dated August 7, 1997 from Mr. James T. Martin of Gislason, Marton& Varpness, P.A.; attorney representing Robert E. Hoff and Betty Ann Hoff. Sobota noted that this letter was regazdng Planning Commission Agenda Item No. 10.A. and 1O.B., a public hearing for proposed amendments to Ordinance No. 167, Lakeville Zoning Qrdinanee, and Title 10, Subdivision Ordinance pertaining to motor fuel facilities. The Planning Commission acknowledged receipt of the letter dated August 7, 1997 from Mr. James T. Martin and directed that this correspondence become apart of the officialrecord for this meeting. ITEM 6: CONSENT AGENDA: 97.101 MOTION by Amborn, Second by Wulff to recommend to City Council approval of the August 7, 1997 Planning Commission Consent Agenda as follows: 6a. Approve Kenridge 2nd Addition final plat. • Roll call vote was .called on the motion. Ayes: Luick, Wanner, Rieb, Amborn, Ceechini, Wulff. Nays: 0. Regular Planning Commission Meeting Minutes August 7, 1997 Page 2 ITEM 71 PUBLIC HEARINGS Robert & Marv Hammer, 17170 Heywood Court Chair Rieb opened the public heazing to consider the application of Robert & Mary .Hammer for. a Conditional Use Permit (CUP) to allow the construction of an addition to their home located at 17170 Heywood Court. Assistant City Attorney Jim Walston attested that the legal notice had been. duly mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the proposal from Robert Mary Hammer to construct a single story 7' x 8' entryway addition to their home located at 17.170 Heywood Court. The subject property is zoned R-2, Single Family Residential District and a 30-foot front yard setback is required. However, the ordinance allows a one story entrance for a detached single family dwelling to extend into the front yard setback not more than five feet, subject to the approval of a conditional use permit. The Hammers aze proposing to construct the entryway at 25.15 feet from the front yazd setback, Associate Planner Dempsey indicated that the request for a conditional use permit is consistent with otherpreviously approved entryway conditional use permits as well as .ordinance requirements and compatible with the neighborhood. The Hammers were • present and indicated their agreement to the staff recommended conditions for approval. There was no public comment. 97.101 MOTION by Wulff, Second by Luick to close the public hearing. Roll call vote was called on the motion. Ayes: Wanner,. Rieb, Ambarn, Cecchiini, Wulff, Luick Nays: O. 97.102 MOTION by Luick, Second by Wanner to recommend to City Council approval of the conditional use permit as requested by Robert and Mary Hammer to allow the construction of a single. story entrance to their existing home located at 17170 Heywood Court and legally described as Lot 9, Block 1, Woodbury First Addition subject to the three stipulations as listed in the Planning Report dated August 1, 1997 and the Findings. of Fact dated August 7, 1997. Roll call vote was called on .the motion.. Ayes: Rieb, Amborn, Cecchini, Wulff, Luick, Wanner. Nays: 0. Regular Planning Commission Meeting Minutes August 7, 1997 Page 3 • ITEM 8: PUBLIC HEARIlVG: Town and Country Estates: Chair Rieb opened the public hearing. to consider the applications from Mr. Al Block, Town & Country.Homes, Inc., for the following: 1) the vacation of existing easements; 2) a comprehensive land use plan amendment;. 3} a rezoning from R-2 to PUD; 4) the preliminary plat of 166 townhouse lots; 5) a variance to cul-de-sac street length; .and 6} consideration of the phasel final plat of 52 townhouse lots. Assistant City Attorney Jim Walston attested that the legal notices had been duly published and mailed as required by state statute. Community and Economic Development Director Sobota introduced Mr. Allan Block, Town & Country Homes, Inc., and Mr. Scott Johnson, Arcon Development, Inc., who have submitted applications for the proposed development of Town and Country Estates which consists of 166 townhouse lots on 33.45 acres of land located. between 162nd Street (CSAH 46) and 165th Street on both sides of jaguar Avenue.. Mr. Scott Johnson, president of Arcon Development, Inc., indicated he is part owner of the land and development manager for the proposed Town and Country Estates. Mr. Johnson presented an overview of actions and the process that was followed resulting. in the design of the Town and Country Estates townhouse development • proposal as submitted for Planning Commission. consideration. Mr. Johnson stated that they held several meetings with City staff and three neighborhood meetings to review the proposed design of the Town and Country Estates development. Several concerns were raised by the residents at the neighborhood meetings. These issues were addressed by the developer-and played a major part in determining the final development proposal for this property including eliminating two townhouse units adjacent to 165th Street, reducing the number of 4- unit buildings and increasing the number of 2-unit buildings, increasing the proposed berm and landscape buffer screen along 165th Street, repositioning buildings to save additional trees on the west side of the preliminary plat adjacent to Crystal Ridge Estates, and installing a berm and landscape screen in the northwest and northeast corners of the preliminary plat for additional screening of the development where the existing stand of trees is cress dense and adjacent to two homes in Crystal Ridge Estates located just south of County Road 46. Mr. Johnson further stated that the identified impacts on development of this property include: • ..location in relationship to major corridor/collector streets • environmentally appropriate. for site and site conditions; • • single family design would have major impact on existing trees/vegetation; and • adjacent property uses: Church, Single Family Residential. Regular Planning Commission Meeting Minutes August 7, 1997 Page 4 Developer Allan Block described the types of units proposed for construction within the Town and Country Estates development. Exterior treatment, floor plans, and values were discussed. The units would be for sale, not rental. City Planner Daryl Morey presented an overview of the applications submitted by Town & Country Homes, Inc,. Planner Morey indicated that several planning actions are required to allow the proposed townhouse development. EASEMENT VACATION The developer is requesting the vacation of existing street, road, drainage, utility, and ponding easements located within the Town and Country Estates preliminary :plat. boundaries. These .easements will be replaced by permanent. drainage and utility easements,. an outlot (stormwater pond) to be deeded to the City, and public street right-of--way with the final plat for. each phase of the Town and Country Estates development. .COMPREHENSIVE GUIDE FLAN AMENDMENT City Planner Morey indicated that City staff supports the developer's request for a minor Comprehensive Land Use Plan amendment to change the proposed land use designation from low density residential to low/medium density residential in order to accommodate the proposed townhouse development, The proposed. net density of the townhouse development is 4.96 units per acre, excluding rights-of--way. REZONING City Planner Morey stated that the Town and Country Estates preliminary plat is currently zoned R-2, Single Family Residential District. Staff supports the developer's request to rezone the subject property to PUD, Planned Unit Development District. The rezoning to PUD will accommodate the proposed townhouse development by allowing: 1) each townhouse unit to be ocated on its own separate lot; 2) common open areas to be owned and maintained by a homeowners association; and 3) building setback flexibility. VARIANCE Planner Morey noted that the developer is also requesting a variance to allow the proposed Javari Court cul-de-sac street to exceed 500 feet in length. Staff supports the variance request based on existing terrain, absence of street access connections to existing neighborhoods, and restrictive access guidelines of the. County and City for County Road 46 (162nd Street). FRELIMINARYFLAT City Planner Daryl Morey indicated that the proposed Town and Country Estates preliminary plat consists of 166 townhouse lots on nine blacks on 33.45 acres of Regular Planning Commission Meeting Minutes August 7, 1997 Page 5 • land located between County Road 46 (162nd Street} and 165th Street and bisected by Jaguar Avenue. The proposed preliminary plat is anticipated to be constructed in four phases. City Planner Morey discussed the details of the plat including the following: • Adjacent land uses; • Phasing plan; • .Existing local road descriptions/designations and proposedinterior street design and alignment: No new street access is proposed or allowed to County Road 46. • Premature subdivision criteria: City PlannerMorey stated that ISD 194 representatives have responded to City sta,,~f's request for comment on the proposed townhouse development. ISD 194 has determined that current school age children projections for this area can be accommodated based on the anticipated occupants of this housing style... Mr. Alton Block, developer, also indicated that, based on his company's experience and other similar developments. throughout the metropolitan area, they anticipate a very low percentage of school age children. • Grading, drainage, erosion control, and utilities: At their August S, 1997 Regular Meeting the Environmental A~`arirs Committee recommended the removal of two units to allow for a more efficient drainage pattern. The developer has complied with this request and has eliminated two units of a proposed four :unit building which reduces the preliminary plat to 164 units and the final plat to SO units. • Protective Covenants; • Outlots: City staf, j~is recommending a Conservation Easement be established over the western part of Block 1 in lieu of the "scenic easement" proposed by the. developer. The area consists of a densely wooded area located on the west side of the preliminary plat • Building setbacks; • Tree preservation; • Parks and trail: The Parks and Recreation Committee reviewed the Town and Country Estates development proposal at their meeting on August 6, 1997 and recommended a cash contribution to satisfy the park and trail dedication requirements. The developer will also be responsible for constructing asix-foot wide concrete sidewalk along the east side ofJaguar Avenue. FINAL PLAT City Planner Daryl Morey indicated that the developer is requesting final plat approval of the first phase_of the Town and Country Estates development. The final plat consists of 52 (reduced to 50 by the developer, incompliance with the EAC recommendation} townhouse lots in three blocks and includes twelve outlots situated in the northwest quarter and central portion of the preliminary plat. Regular Planning Commission Meeting Minutes August 7, 1997 Page 6 Planning Commission. discussion included requests for clarification for the establishment of current cul-de-sac ordinance requirements; City staff procedures for ensuring preservation of "save" trees and policies for replacement of trees targeted for preservation that are inadvertently removed; phasing plans and timing far ultimate development of the site; and proposed uses of adjacent church property to the east of the site. Staff responded. Chair Rieb called for a ten minute recess and reconvened the August 7, 1997 Regular Planning Commission meeting at 7:35 p.m. Chair Rieb and the Planning Commission acknowledged a letter to the Planning Commission dated August 4, 1997 from Mr. Louis W. Stanley, 16175 Jamaica Avenue, expressing objection to the proposed Town and Country Estates townhouse development. Mr. Stanley noted increased traffic, the water quality of Crystal Lake, and decline in value of surrounding properties as his concerns. Mr. Michael Hongslo, 16450 Java Lane, presented a signed petition opposing the development of duplexes and townhomes by Town & Country Homes and Arcon Development, Ina on land zoned for single family homes in the area between Java Lane and Ipava Avenue and between 162nd Street and 16Sth Street. The petition expressed a request that the subject property maintain its existing zoning for single family homes. Mr. Hongslo indicated he was opposed to the. townhouse development due to school district capacity issues, safety issues with regard to accessibility of his neighborhood and the impact of the proposed development on neighborhood parks, and his belief that this type of development is a major contributor to vandalism, crime,. and safety issues. Mr. Brian Erickson, 16732 Jacana Court, stated he is concerned that the townhouse development will increase traffic. and elevate an already congested intersection at Jaguar Avenue and 162nd Street. Mr. Brian Erickson also requested additional screening/landscaping treatment be considered on the property located on the south side of the proposed development along 16Sth Street and that the entire proposed perimeter berming be competed with the first phase of the development. Brian Erickson indicated his desire that the. single family zoning. of the. property be maintained to provide continuity of single family uses such as that of the surrounding .:properties. He also reiterated his concern regarding City procedures for ensuring preservation of substantial trees. Mr. Brian Erickson further questioned. the proposed three permanent monument signs and suggested that one or two of these signs be eliminated. Regular Planning Commission Meeting Minutes August 7, 1997 Page 7 Mr. Scott Gjesdahl, 16729 Jacana Court, reiterated previous resident statements indicating his concerns for traffic impacts, school capacity issues, and environmental impacts. Mr. John Crowl, 16520 Jacaranda Way, restated an earlier request to increase the berming along 165th Street making it consistent with that which is proposed along .165th Street, east of Jaguar Avenue. Ms. Pat O'Brien, 10056 West 166th Street, indicated that she had attended all the neighborhood meetings, as well as the Environmental Affairs Committee meeting on August 5, 1997. Ms. O'Brien expressed satisfaction that City staff and the developer have addressed the residents' issues and concerns and have put forth a cooperative and conscientious effort to ensure that the proposed townhouse development is a positive addition to the community that represents the highest and best use for this property.. Ms. O'Brien alsa indicated that she had a conversation with. ISD 194 Superintendent Carl Wahlstrom who assured her that the proposed townhouse development will have less impact on the schools than a single family development. Mr. Jim Hayes, Chair of the Hosanna! Lutheran Church Building & Planning Committee, indicated his support of the proposed development noting it was his. i opinion that the proposal provided the highest regard for preservation of existing trees, vegetation and terrain. Ms. Terrie Verduzco, 16420 Java Lane, stated she had purchased her home four years. ago .based on the information that the adjacent vacant property would be developed as single family homes. Ms. Verduzco expressed concern regarding the number of units proposed for this site and the number of children that will be concentrated in this area. Ms. Verduzco expressed agreement with earlier resident comments regarding school capacity and tree preservation issues. Michael J. Jones, i 0202 West 167th Street, inquired as to the rationale for City staff's support for townhouse development on this site. He further questioned whether the City. of Lakeville has a shortage of this type of housing... Community & Economic Development Director Michael Sobota responded that staff supports the proposed planned unit development (PUD) for this site because it allows for increased environmental protection through flexibility in structure setbacks and allows clustering of density. A PUD zoning for this site. provides the opportunity to preserve existing heavily forested areas, an existing stream, and allows for retaining natural areas around the pond. Director Sobota also noted that this site abuts a hi h densi minor arterial road g ty (County Road 46), a major collector street (165th Street), and a minor collector street Regular Planning Commission Meeting Minutes August 7, .1997 Page 8 J uar Avenue which are built for hi her traffic uses. The existin street ~ ~ ) g g infrastructure in this area provides direct outlet for medium density residential developments, thus reducing excessive amounts of traffic being generated through existing lower density residential districts. Sobota further indicated. that the City of Lakeville is a participant in the Minnesota Livable Communities Act Program which requires that cities provide a diversity of housing opportunities. for their residents. This development represents an effort by the City to meet its' obligations to provide for this type housing. Ms. Debbie Kieser, 16155 Jamaica Avenue, expressed concern for increased traffic and the speed of traffic on County Road 46. Ms. Kieser indicated that traffic lights at the intersection of Jamaica Avenue and County Road 46 should be pursued by the City. Ms. Kieser stated her opinion that continued development of this area will add to already unsafe and congested traffic conditions. Mr. Charlie Blackstad, 16135 Jamaica.Avenue, reiterated previously stated resident concerns regarding existing traffic patterns and the impacts additional residential development will have on the current traffic conditions. Mr. Bill Rieckhaff, 16305 Java Lane, added his concern regarding traffic safety .issues at the intersection ofCounty Road 46 and Java Lane. Ms. Pat O'Brien, 10056 West 166th Street, addressed the Commission again and affirmed that traffic is also a concern of hers. However, she indicated that traffic is an existing. problem and .stated her realization that any. development, whether single family or multi-family, would increase the problem. She inquired as to how the City could. address traffic issues at this time. Staff responded that traffic lights are under construction at Ipava Avenue and County Road 46 which will increase "breaks" in traffic Mr. Ray Connelly, 3117 West 135th Court,. Burnsville, MN and representative for property owner McNamara, indicated that Mr. McNamara has a purchase agreement with Town and Country, Inc. and Hosanna! Lutheran Church for acquisition of his property which includes the Town and Country Estates site and the vacant property to the west of the existing church. At this time, the church has not indicated a development plan for the vacant property. City Administrator Robert Erickson presented a brief overview of the neighborhood meetings that had taken place prior to submittal of the Town and Country Estates preliminary and final plat currently under consideration by the Planning Commission. City Administrator Erickson stated he is confident that the developer has worked in good faith with City staff and residents and has explored all avenues for development Regular Planning Commission Meeting Minutes August 7, 1997 Page 9 of this property and have arrived at the highest and best use of the site in terms of transportation, environmental sensitivity, comprehensive plan issues, and existing infrastructure. City Administrator Erickson inquired as to whether the developer would be agreeable to the installation of landscaping and perimeter berms with the first phase of development of Town and Country Estates. He further questioned whether the .developer would consider reducing the number of permanent monument signs. Mr. Allan. Block and Mr. Scott Johnson both .indicated agreement to complete perimeter landscaping and berming with the first development phase of Town and Country Estates. Mr. Block noted that the proposed berms in the southwesterly corner of the development will be re-evaluated and they will apply similar landscape treatment as proposed for the southeasterly corner of the proposed plat.. The' developers further agreed to replace the permanent monument sign proposed in the southwest. corner of 162nd Street and Jaguar Avenue with a temporary sign located in the southeast corner of 162nd Street and Jaguar Avenue and eliminate the sign located at 165th. Street and Jaguar Avenue. There were no further comments from the public. 97.103. MOTION by Amborn, Second by Wulff to close the public hearing. Roll call vote was. called on the motion. Ayes: Amborn, Cecchini, Wulff, Luick, Wanner, Rieb. Nays: 0. Discussion continued. The Commission concurred to modify the stipulations for approval of the Town and-Country Estates applications as follows: 1) Stipulation No. l & No. 4: shall be amended to reflect that Stipulation No. 3 of the Engineering Report dated August 1, 1997 and stipulation No. 4 of the Planning Report dated August 1, 1.997 are modified regarding reduction of a 4- unit structure to a 2-unit structure, 2) Stipulation Na. 14 shall be .amended to state that all site perimeter berms shall be constructed with the first phase of development and an evaluation will be done on the design of the southerly berms. 3) Stipulation No. 15 The permanent monument sign in the southwest corner of 162nd Street and Jaguar Avenue will be replaced with a temporary sign located in the southeast corner of 162nd Street and Jaguar Avenue and eliminate the sign located at 165th Street and Jaguar Avenue. Regular Planning Commission Meeting Minutes August 7, 1997 Page 10 5) Stipulation No. 18 shall be revised by replacing "scenic easement" with "conservation easement." 97.1Q4 MOTION by Amborn, Second by Wulff to recommend to City Council approval. of the following: 1. Town and Country Estates preliminary plat of 164 townhouse lots; 2. a minor Comprehensive Land Use Plan amendment redesignating the land use .from low density residential to lowlmedium density residential; 3. the rezoning of the subject property from R-2, Single Family Residential District to PUD, Planned Unit Development District, based upon the Findings of Fact dated August 7, 1997; 4. a variance to allow the proposed Javari Court cul-de-sac street length in excess of S00 feet based upon the Findings of Fact dated August 7,1997; 5. vacation of existing street, road,. drainage, utility,. and ponding easements located within the Town and Country Estates preliminary plat boundaries; and 6. Town and Country Estates phase I final plat of 50 townhouse lots. subject to the 19 stipulations as listed in the August 1, 1997 Planner's Report as modified. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Luick, Wanner, Riieb, Amborn. Nays: 0. Chair Rieb called for a ten minutes. recess and reconvened the August 7, 1997 Planning. Commission meeting at 9:15 p.m. ITEM 9: PUBLIC REARING: Zweber Farm Chair Rieb opened thepublic hearing to consider the application from D.R. Horton, Inc. for the preliminary plat of Zweber Farm. Assistant City Attorney Jim Walston attested that the legal .notice had been duly mailed and published as required by state statute. ZWEBER FARM PRELIMINARY: City Planner Morey presented an overview of the applications from. D.R. Horton, • Inc. for the preliminary plat of Zweber Farm and the Fhase One final plat 4f Zweber Farm First. Regular Planning Commission Meeting Minutes August 7, 1997 Page 11 The preliminary plat proposes the development of 76 single family lots on 51.8 acres of land located south of 175th. Street, north of Dodd Boulevard, and west of Highview Avenue. The site is currently zoned R-2, Single Family Residential District which is compatible with the proposed residential development. The Zweber Farm preliminary plat is proposed to be developed in three phases. The ::plat was forwarded to ISD 194 officials for their review and comment. A meeting. was held between City staff, ISD 194 officials and the developer where an agreement was reached for the phasing of building permits to allow the school district sufficient time to address school capacity issues and provide additional classroom space for school age children estimated to be generated from the Zweber Farm residential development. ISD 194 representatives estimate the school district's ninth elementary school will be constructed and opened for the 1999-2000. school year based upon passage of a school bond referendum scheduled on .September 30, 1997. City Planner Morey discussed the details of the preliminary plat as outlined in the Planner's Report dated August 5, 1997. Discussion included: • LotBlock and Interior Street Design; • • Outlots; • Berming/Landscaping; • Subdivision .Identification Signs: The developer agreed to modify the preliminary and final plats to include an outlot for the proposed permanent subdivision ident~cation monument signs; • Grading, Drainage, Erosion Control, and Utilities: Community and Economic Development Director Sobota indicated that the developer will be responsible for burying the existing overhead electric lines located on the west side of Highview Avenue and adjacent to Phase Two of the preliminary plat at the time of final plat approval for Zweber Farm Phase Two. • Wetlands/Ponds; • Park and Trail Dedication: The Parks and Recreation Committee has recommended a cash contribution to satisfy the trail dedication requirement and the dedication of Outlot A to the City to meet the park dedication :requirement of all lots for this preliminary plat and proposed in future preliminary plats that are within the MUSA, ZWEBER FARM FIIiST FINAL PLAT Planner Morey indicated that the developer is also requesting final plat approval of Zweber Farm First, phase one of the preliminary plat, at this time.. The Zweber Farm First final plat proposes the development of 22 single family lots in the Regular Planning Commission Meeting Minutes August 7, 1997 Page 12 northwest corner of the preliminary plat and is consistent with the Zweber Farm preliminary plat. Mr. Don Patton, D.R. Horton,. Inc., and Mr. Richard Krier, Senior Planner with RLK Architects, were in .attendance to answer questions from the-Commission and City staff and provided additional details regarding ponding, drainage and soils issues, tree preservation, and trail. construction. Mr. Patton and Mr. Krier indicated their agreement to meet the conditions for approval as listed in the August 5, 1997 Planner's Report. MR. Pattonnoted that he would like to have the language on building permit restrictions. be limited by Certificate of 4cupancy. There was no public comment. 97.105 MOTION by Wulff, Second by Cecchini to close the public hearing. Roll call vote was called on the motion. Ayes: Wulff, Luick, Wanner, Rieb, Amborn, Cecchini. Nays; 0. Commissioner Wulff inquired as to how the. City ensures that encroachment does not i occur onto a proposed conservation easement when it abuts residential lots. Staff responded.. The Planning Commissioner agreed to add the .following condition for approval of the Zweber Farm preliminary and final plat to the stipulations listed in the Planner's Report: Stipulation No. 22 : "The developer shall install conservation area posts at the rear of the lots abutting Outlot A. " .97.106 MOTION by Amborn, Second by Wulffto recommend to City Council approval of the Zweber Farm preliminary plat and the Zweber Farm First final plat subject to the 21 stipulations as listed in the August 7, 1997 Planner's Report. and including the addition of Stipulation No. 22 as recommended by the Planning Commission. Roll call vote was called on the motion. Ayes: Luick, Wanner, Rieb, Amborn, Cecchini, Wulff. ..Nays: 0. ITEM 10: PUBLIC REARING; Lakeville Zoning Ordinance/Subdivision Ordinance Amendments Chair Rieb opened the public hearing to consider an ordinance amendment to Ordinance No. 167, the Zoning Ordinance regarding motor fuel facilities, and curb cut location driveway and access spacing regulations and a subdivision ordinance amendment regarding street right-of-way width requirements. Assistant City Attorney Jim Walston attested that the legal notice had been published as required by State Statute. Regular Planning Commission Meeting Minutes August 7, 1997 Page 13 • ORDINANCE NO. 167 AMENDMENT Associate Planner Frank Dempsey presented an overview of the City's request for an amendment to Ordinance No. 167 for: 1) motor fuel sales and commercial car washes; 2) truck stops and commercial car washes; and- 3) road access location/driveway access spacing. standards. Mr. Cary Teague, Northwest Associated Consultants, Inc. (NAC), presented a final draft of the fuel facilities ordinance amendments. Mr. Teague indicated that the final draft document is the result of discussions with the fuel facilities subcommittee (consisting of three Planning Commission members and Associate Planner Frank Dempsey), City staff, the city attorney, NAC personnel, industry representatives, and the Planning Commission and their recommendations regarding performance standards and regulations for motor fuel facilities within the City of Lakeville. Mr. Teague provided a detailed review of the proposed amendment and addressed several questions from the Planning Commission. Mr. Tim Yocum, Yocum Oil, Inc.,. commented on various portions of the proposed amendments regarding .hours of operation, canopy support structures, lighting • standards, and canopy design standards. Mr. Yocum also requested clarification regarding proposed sign height regulations. The Planning Commission agreed to the following revisions to the. final draft of the zoning ordinance amendments: • Section E.4.b.: The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. • Section #.4.e.: Add the following phrase. to the end of the first sentence: Earth tone colors of exterior materials shall be required includingsupport structures the canopy. • Section E.7.d.: Revised-by removing "defined as a spill offive (S) gallons or more "and add in its place "measurable spill as defined by the Minnesota Pollution Control Agency (MPCA). " • Section E.9.c.: Revised to read: "Maximum site illumination shall not exceed one (1)foot-candle at ground level when measured at any boundary line with an adjoining residentially zoned grope ,right-of-way, or other public property.. • Section E.17.a.: Revised to read: The sign shall be self-supported vertically by a aolid base extending horizontally for a minimum of the entire width of the. sign face. Total height of the monument sign. including the base shall not exceed fifteen (15) feet. • Section E.19.: Revised to reflect hours, of operation are from 5:00 a.m. to 11:00 p.m• unless extended by City Council. Regular Planning Commission Meeting Minutes August 7, 1997 Page 14 .TITLE 10, SUBDIVISION ORDINANCE AMENDMENT The City Engineering Department has been working with the City's traffic engineering consultant, SRF, and Dakota County Highway Department staff and have developed proposed revisions to driveway access standards. The access standards were recommended for adoption in the transportation plan. Community and Economic Development Department staff recommend approval. and adoption of the proposed zoning and subdivision ordinance amendments. There was no further public comment. ..97.107 MOTION by Luck, Second by Wanner to close the public hearing. Rall call vote was called on the motion. Ayes:. Wanner,. Rieb, Amborn, Cecchinii, Wulff,. Luick Nays: 0. 97.108 MOTION by Wulff, Second by Luick to recommend to CityCouncil approval of the proposed zoning and subdivision ordinance amendments as amended. • Roll call vote was called an the motion. Ayes: Riieb, Amborn, Cecchini, Wulff, Luick, Wanner. Nays: 0. ITEM 12A. INFORMAL DISCUSSION: JII. & MATT OCEL PROPOSAL FOR A CONDITIONAL .USE PERMIT Associate Planner Frank Dempsey requested Planning Commission comment and direction regarding a proposal from Jil and Matt Ocel for a conditional use permit for a proposed addition onto their existing garage and house located at 17113 Frazer Path. The expansion of the single family home is being considered by the Ocels as .space to house exotic animals at their residence at 17113 Frazer Path. A conditional use permit is required to keep non-domestic animals. Ms. Ocel indicated that for the past five years she has provided wild life education for Knott's Camp .Snoopy in the Mall of America located in the City of Bloomington. Ms. Ocel currently holds a license from the City of Bloomington for the housing of the birds, reptiles, and mammals at the Knott's Camp Snoopy site. However, due to a restructuring of the programming and scheduling at Knott's Camp Snoopy the area currently housing the animals is being eliminated. Ms. Ocel requested Planning Commission input as to whether her proposed conditional use permit would be supported. Regular Planning Commission Meeting Minutes August 7, 1997 Page 15 • Planning Commission discussion included requests for information and clarification regarding food storage, transportation of animals to and from the home, security access of animals to children in the neighborhood, and the potential for breeding/selling exotic animals from the home. Ms. Ocel responded to the questions and noted that her main focus in housing the animals is for education. She indicated that she has worked with schools and daycares in provided educational programs for the children. In response to Commissioner Luick's inquiry, Ms. Ocel indicated that other options have been pursued in terms of space/facilities for housing of the animals such as the Minnesota Zoo and Humane Society and they have been found to be unacceptable. At this point, if a conditional use permit is not supported by the Commission, Ms. Ocel indicated that she would probably place the animals in permanent homes. The Commission. expressed concern for setting a precedent in allowing the conditional use permit for the purpose of housing exotic animals. Comments and issues identified by the Planning Commission included the following: • State and Federal licensing of the applicant should be mandatory to ensure the applicant's ability to handle the animals being .housed; • .Deceased animals should only be replaced with like. animals; • Extreme measures should be taken to ensure security of the animals as well as safety of the resident population; • A plan identifying transportation methods for the transferring of the animals to and. from the residence should be followed and on file as a part of the license; • Assurance that the applicant does not intend to raise or breed exotic animals for retail sale; • Annual renewal of the conditional use permit to ensure compliance with any imposed regulations; and • .Explore other options. ITEM 12B. INFORMAL DISCUSSION: TODD ARENS PROPOSED ADDITION TO NON- CONFORMING SINGLE FAMILY RESIDENCE Commissioner Cecchini excused himself from the dais at this time because his property and residence is in the same neighborhood as Mr. & Mrs. Arens. Associate Planner Frank Dempsey discussed a request from Mr. Todd Arens for a building permit to construct an addition onto his existing non-conforming house located at 12227 West 175th Street. Dempsey noted that the property is situated on the south shore of Orchard Lake and there are several existing non-conformities associated with the subject property. Regular Planning Commission. Meeting Minutes August 7, 1997 Page 16 • Community and Economic Development Department staff and the Mr. and Mrs. Arens are requesting Planning Commission feedback and direction regarding this request to provide direction to staff and the applicant. Associate Planner Dempsey explained the complexities of the subject property and discussed options that could be implemented that would allow the City to achieve some improvements and the elimination of existing non-conformities while at the same time allowing Mr. Arens to make the desired improvements to his single family home. It was noted that staff's primary concern is the setting of a precedent for other properties along the Orchard Lake shoreline possessing similar non-conformities. In their discussion, the Planning Commission concurred they were hesitant to approve a conditional use permit or variance with no effort to remove or improve some of the existing non-conformities. The Commission encouraged the Mr. and Mrs. Arens to research other options that will meet or more closely conform to ordinance requirements, including moving the structure away from the lake. There being no further business, the meeting was adjourned at 12:40 a.m. • Respe fully submitted, Donna Quintus, Rec ding Secretary ATTEST: Lauri Rieb, Chair August 4, 1997 Planning Commision City of Lakeville Reference; Planning commision meeting for August 7, 1997. Proposed development project by Town and Country south. of County Road 46 along Jacgara Ave. Request this be an, open letter to the planning commision and all .interested parties, and to be included in the record of said meeting. I am deeply disappointed that officials in the City of Lakeville is even considering increasing the residential zoning in this area. It is sincerely felt that such an increase in the residential zoning can only contribute to the early demise of Crystal Lake, and to the value of the surrounding properties decline. The addition of three hundred thirty two garage spaces in this proposed project will create severe traffic problems at the County Road 46 intersection. One of the statistics I have heard is that the average family in the suburbs has one point nine ( 1.9 ) automobiles, and each of these make several trips a day to and from the garage area. The developer. and the City Administrates has state the proposed units are to be considered as Up-Scale" units and will be marketed to the empty-nester type owner. I do not agree with their assesment of the proposed units ! It is my opinion that the proposed units appear to be the basic two story, three bedroom, box type construction, with no balconies, no .community areas, no individual completed private patio areas, and no exterior security area. The masonery decor is very limited and primarily for the garage face. T am an empty-nester in my mid seventies and the proposed project is not something that I would consider "Up-Scale" or a place that my wife and I would want to live in. ouis W. Stanley 16175 Jamaica Av , Lakeville, Mn. Town .and Country Estates • (South of 162nd St., North o, f 165th St., along Jaguar Ave} Public Hearing 8-7-97 Name lease Print Street Address Please Print Phone No. t ~o ~cw~ C.~, ~(3~- 3!5 q,fl ~ r ~ c, ~C S©n ~ ~ c,~n~ C ~ v `~ifr- Sty ~3 ~a~ I,C42 z _ J f M ~l~ S.4 A- r K ~'7-f~n.~4~1 C~iC/L~- 8~~i z~ ~ l e.~~~ Ze ~ a ~ a ~ `t3 _2~2 ~I/lteat,(,~t. ~1- ~l~ ta2v2 X67 s`f~r W~ ~Fs~= 2~~Z ~ c y_3 -3~ 3 0 ~1e,^ 66 ~ 626r Petition Against Zoning Ch~inge We, the people signed below, oppose the developmem of duplexes and tawnhomes by Town & Country Homes and Arcon • Development Inc. on land zoned for single-family homes in the area betwcen Java Lane and Ipava Avenue and between 162 street and 165' street. We, the people signed below, request the land between lava. Lane and Ipava Avenue and between I62`"~ street and 165' street, maintain its existing zoning far single family homes. ~ _ ~ ,r.... , ~ ib ~ y ~ -4~ 3 r ~r~~ C ~~3~ ~ .~G~ din, 9z- ~~Z _ ~ i ~3`~5.~~.v ~ ~ ~ 3 3 ~ ' c ~ ~~5 ~~o ~ ~ 3 loZlJ ~7 a Jct. Q~'Z- 3 , ~ ~'~~Z ~~Y ~ S c v ~ _ ~ t~ y Z~ ~ u~ ~ Ica. X35 ~ Z,7Z3 Petition Against Zoning Change We, the people signed below, appose the development of duplexes and townhomes by Town & Country Homes and Arson • Development Inc. on land zoned for single-family homes in the area between Java Lane and Ipava Avenue and between 162 street and I65`k' street. We, the people signed below, request the land between Java Lane and Ipava Avenue and between 162 street and I65~` street, maintain its existing zoning for single family homes. v f: cc,~n~ ~l~~lSo ~au~ L~~iifle ~ti ~{3S-3~S,~ - ~ 8`t8-.~. ~s i ~~5~~~ (,e3?Ce ~ 8~8-~ a ,n r ~e ~ ~ /~3zs Jq„~ Cq.,.~ 898-v~~6 ~ l~~ia.. ~ u Q ~ a~~ ~ :u ~ L ~J ~ ' Glo 2 /1~11~Jc~~~ ~ `f3~-~~y~- I J ~ l_~ ~~d 5 ~r s Ili 3v/ ~ ,C,n e ~q~.-C~~~y cam.( r c Q'-' l b Cj l C(1/4 ~ 2' ~i~ Petition Against Zoning Change We, the people signed below, oppose the development of duplexes and townhomes by Town. & Country Homes and Arcon • Development Inc. on land zoned for single-family homes in the area between Java Lane and Ipava Avenue and between 162" street and 165"' street. We, the people signed below, request the land between Java Lane and Ipava Avenue and between 162 street and 165' street, maintain its existing zoning for single family homes. ~ LL ~ r~ 3~0 v 1 b ~ r~ LJ • c 6 ~ _ ~ ~ s • Petition Against Zoning Change We, the people signed below, oppose the development of duplexes and townhomes by Town & Country Homes and Arcon • Development Inc. on land zoned for single-family homes in the area between Java Lane and Tpava Avenue and between 162 street and 165` street. We, the people signed below, request the land between Sava Lane and. Ipava Avenue and between 162 street and 165x' street, maintain its existing zoning for single family homes. ~ ~---A y F ~ _ .mot I ~ ~u~ s~~ ~ ~ I(.Q~~ ~ l S~ wCCJ / ~~l - ~ ~ 1~~3~ 1~~~~ ~fi, w . .Petition Agaast Zoning Change We, the people signed below, oppose the development ofduplexes and townhomes by Town& Country Homes and Arcon Development Inc. on land zoned for single-family homes in the area between Java Lane and Ipava Avenue and between 1 b2"~ street and 165' street. We, the people signed below, request the land. between Java Lane and Ipava Avenue and between I62"~ street and 1 b5~` street, maintain its existing zoning for single family homes. S 10,3,E ~ l~~ ~(~f ~ 06~ i 1~~3~ G?~~ £~~~-~~~6 4~-I 8 ~ 3 S- a B ~ r " C..c_.~ U /O` ~`7 I 03~/ ~ 1 ioy~ ~ ~ ~ s ~ ~~s C ~ _ ~ _ sg i _ f GISLASON, MARTIN &VARPNESS, P. A. ATTORNEYS AND COUNSELORS AT LAW • JAMES T. MARTIN• 7600 PARKLAWN AVENUE SOUTH JOHN E. VARPNESS` SUITE 444 DAN t RYERSON MINNEAPOLIS, MII~INESOTA 55435 BRIAN A. PARK TELEPHONE 612/831-5793 ,cucru~avn nw~srean~ar FAX b12/831•T358 er n~ unnoan~ ewae ov Txw. nu~uc vcr •iuso nnMmrEU ro ra~~ LEGAL nS51SfANi w vrsca+sw GLORIA DEEB rtE'nt~~ ROBERT W. GISLASON August 7, 1997 The Honorable Mayor Duane Zaun Council Member Betty Sindt Council Member Robert Johnson Council Member Lynette Mulvihill Council Member Mary Liz Holberg Ms. Laurie Rieb, Planning Commission Chair Mr. Howazd Amborn, Planning Commission Vice Chair Mr. Richazd Cecchini, Planning Commission Secretary Ms. Wendy Wulff, Planning Commission Member • Mr. Dennis Miller, Planning Commission Member Ms. Barbara Wanner, Planning Commission Member Ms. Shazon Kot, Planning Commission Member Lt. David Bellows, Ex-Officio Planning Commission Member City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: Robert E. Hoff and Betty Ann Hoff Deaz Mayor, Members of the City Council and Planning Commission: Please be advised that we represent Robert E. Hoff and Betty Ann Hoff who aze the owners of a pazcel of real estate located at the southwest intersection of Highway 46 and Kenrick Avenue in the City of Lakeville. In August of 1994, the City of Lakeville and the County of Dakota commenced condemnation of Mr. and Mrs. Hoff's property. During the yeaz 1994, Mr. and Mrs. Hoff, in negotiations with the City of Lakeville and Dakota County, to accommodate the. County and City of Lakeville in the construction of County Road 46, traded certain premises, including access rights on County Road 46, for access rights on Kenrick Avenue. Mr. and Mrs. Hoff's original pazcel, together with the pazcel obtained, were at all times material herein zoned "B-4, t Commercial" . This parcel was the only parcel properly zoned for a gasoline station store at the intersection of Highway 46 and Kenrick Avenue at that time. In fact in June of 1994, a SuperAmerica offered to purchase Mr. and Mrs. Hoff's parcel while all of the negotiations were pending. In 1996, Mr. and Mrs. Hoff and Holiday Stationstores, Inc. were in negotiations with respect to the lease and/or sale of Mr. Hoff's entire parcel. This culminated in an agreement being signed on September 10, 1996, a copy of which. is .enclosed. Pursuant to said agreement, on November 6, 1996 :Holiday Stationstores, Inc. forwarded six sets of a survey of the Southwestcomer of County Road 46 and Kenrick Avenue and a Preliminary Site Plan for a proposed Holiday station store on this property. This was forwarded to Mr. Daryl Morey, City Planner for the City of Lakeville, 20195 Holyoke Avenue, Lakeville, Minnesota 55044-9047.. All of .the title work in connection with said parcel, including the obtaining of a preluninary title policy, were completed. On November 18, 1996, Robert E. and Betty Ann Hoff's attorney, Ernest A. Lindstrom of Lindstrom Law Offices, appeared before the Lakeville City .Council and advised you of Holiday's pending submission and that both he and Holiday were awaiting City :action with. respect thereto. On that same evening the City Council. rezoned the Northeast Quadrant of the intersection of County Road 46 and Kenrick Avenue for a SuperAmerica gasoline station,. granted a conditional use permit,. and took whatever other steps were. necessary for SuperAmerica to construct a gasoline station store on that comer. On the same evening of November 18, 1996, without the subject being on the agenda and after Mr. Hoff's counsel had left the Council chambers, the City Council passed a moratorium on further action on Mr. HofPs property, presumably affecting other potential sites within the City of Lakeville as well. On November 22, 1996, the City of Lakeville informed Mr. Mark Nelson, real estate manager of Holiday Companies, that the City had approved the interim ordinance and. informed him as follows: "You had been in recent contact with the City staff regarding a possible proposal for a new motor fuel facility. P_ lease be aware that. the City staff will not accept or process an application until the in depth study is completed and the moratorium lifted" and returned Holiday's site plan and surveys to them with that letter. On or about July 10, 1997, when Lakeville disclosed its present proposal, Holiday Companies promptly notified Mr. and Mrs. Hoffthat due to the loss of access and the changes proposed by the City of Lakeville on the premises it had agreed to lease, that it was terminating its agreement effective immediately. A copy of that letter is also attached hereto. Subsequent to .that date Mr. and Mrs. Hoff retained C.E. LaSalle & Associates to determine the value of the taking by the City of Lakeville by virtue of the above actions. C.E. LaSalle & Associates have determined that the loss in value as a result of these arbitrary and capricious actions is significant under any scenario. This letter is to notify you that if the proposed ordinance is passed and places these new restrictions on Mr. and Mrs. Hoff's parcel (while you at the same time, for the same purpose and at the same intersection rezoned and. granted a conditional use permit for another owner), this action will clearly constitute a specific taking for which the Hoffs will be looking to the City for the damages and dosses they have suffered. ry tru y Yours, James T. JTM/gsr • _ _ ~ HCLD:CJR:09/09/96 Holiday Stationstore # Kenrick & 160th Lakeville, MN • HOLIDAY STATIONSTORES, INC. LEASE AGREEMENT THIS LEASE is entered into as of September 1996, by and between ROBERT E. HOFF and BETTY ANN HOFF, husband and wife ("Landlord") and HOLIDAY STATtONSTORES, INC., a Minnesota corporation ("Tenant"). 1. Premises. Landlord .hereby leases to Tenant and Tenant hereby (eases from Landlord approximately 75,768 square feet of real property located in the southeast quadrant of the intersection of U.S. Interstate 35W and County Road 46 (also sometimes known as County Road 146, 160th Street and/or 162nd Street) in the City of Lakeville, Dakota County, Minnesota, as legally described on Exhibit A attached and as depicted on Exhibit B attached (the "Premises"). 2. Initial Term. The initial term of this Lease ~("Initial Term") shall be fifteen (15) years commencing on the earlier of (a) one hundred twenty (120) days from the Construction Commencement Date (as described in Section 6 of this Lease) or (b) the date Tenant opens a gas station and convenience store upon the Premises to be operated under the name of "Holiday Stationstore" (the "Store") for business (the "Commencement Date"). Within a reasonable time following the Commencement Date., - Landlord and Tenant shall enter into a memorandum confirming the Commencement Date and the expiration date of this Lease. When used in this Lease, the term "Lease • Year" shall mean the twelve (12) month period beginning with the Commencement Date and each successive twelve-month period thereafter during the Term of this Lease.. 3. Renewal Terms. Tenant shall have the right, at its option,. to renew the Term of this .Lease under the same terms .and conditions as provided in this Lease for three (3) consecutive periods of five (5) years each (Renewal Term(s) To exercise a renewal option, Tenant must notify Landlord in writing of Tenant's election. to so renew not later than six (6) months prior to the end of the Initial Term or any previously .exercised Renewal Term. When used in this Lease, "Term" shall mean the Initial Term and any exercised Renewal Term. 4. Base Rent. Base Rent. during the Initial Term shall be in the .annual amount of Fifty-Seven Thousand Five Hundred Eighty-Three and 681100 Dollars _ ($57,583.68) ("Annual Base Rent"), payable in equal monthly installments of Four Thousand Seven Hundred Ninety-Eight and 64/100 Dollars ($4,798.64) on or before the first day of each month in advance. Base Rent during the Renewal Terms shall be in the amount of Seventy-Two Thousand Fifty-One and 60/100 Dollars ($72,051.60), payable in equal monthly installments of Six Thousand Four and 30/100 Dollars ($6,004.30). Notwithstanding the Commencement Date of the Lease or anything in the foregoing to the contrary, Tenant shallnot be obligated to pay Base Rent until such time as the interchange at County Road 46 and U.S. Interstate 35W has been completed and is open for traffic in all directions. 4.1 Prepaid Rent. Landlord hereby acknowledges receipt. of Five Thousand Dollars ($5,000) from Tenant, as Prepaid Rent, to be applied, at Landlord's discretion to either (a) payment of Base Rent for the first month Base Rent is payable pursuant to this Lease or (b) the purchase .price of Tenant's purchase of the Premises .pursuant to Sections 25, 26 or 27 of this Lease, provided, however, that if this Lease is terminated before Landlord so applies the Prepaid Rent, Landlord shall immediately refund the Prepaid Rent to Tenant as of the termination of this Lease. If Tenant exercises any contingency described in Section 24 of this Lease, Landlord shall immediately refund Two Thousand five Hundred Dollars ($2,500) of the Prepaid Rent to Tenant and Landlord shall be entitled to retain the .remaining Two Thousand Five Hundred Dollars ($2,500) in consideration of Landlord's efforts regarding this Lease. 4.2 Additional Consideration Rent. Tenant shall pay to Landlord as of the expiration or earlier waiver of the contingencies described in Section 24 of this Lease, the sum of One Hundred Thousand Dollars ($100,000) in further consideration of Landlord's efforts regarding this Lease and of the option described in Section 25 of this Lease ("Additional Consideration Rent"). The Additional Consideration Rent shall not be applied to any rental payments owing pursuant to this Lease or to the purchase price of Tenant's purchase of the . Premises pursuant to Section 25 or Section 26 of the Lease and shall not be refundable. by Landlord in any .event. 5. Covenants of Landlord. Landlord covenants and warrants with Tenant i that (a) Landlord has the right to lease the Premises on the terms set forth in this Lease, (b) Landlord has good and marketable title to the Premises, free and clear of all tenants and occupants (except for the lease of a portion of the Premises to Admiral Wood Products, Inc., as assigned. to Roger Wilson [the "Admiral. Lease"], the term of which expires on June 1, .1997) and the rights of either as of the Commencement Date, and (c) Tenant, upon. paying the rent and performing the .covenants of this Lease, may quietly have, hold and .enjoy the Premises during the Term. 6. Construction of Store.. Promptly following the date upon which Tenant shall have received a building permit and all other .required permits .for the construction and operation of the Store upon the Premises and subject to (a) weather conditions, (b) force majeureand (c) Tenant's satisfaction of all Contingencies described in Section 24, Tenant shall commence construction ("Construction Commencement Date") of the Store upon the Premises. Matters to be included in the construction shall be within Tenant's sole discretion, and may .include without limitation (a) grading and fill of the Premises. as Tenant may desire, (b) construction of a new building containing approximately 4,000 square feet of space {the "Building"), (c) attachment of a Canopy to the Building (the "Canopy"), (d) installation. of petroleum tanks, lines and dispensers (collectively, the "Tanks"), and (e) such other equipment, fixtures, improvements and/or landscaping as Tenant may desire (collectively, the "Construction"). The Construction shall be 2 performed by Tenant at Tenant's sole cost and expense. Tenant agrees to diligently • commence and .complete the Construction, provided, however, that Tenant's entry onto the Premises for purposes of survey, engineering, and inspections or testing of any kind shall not. constitute the commencement of Construction. Rather, the Construction. Commencement Date shall be the date upon which Tenant commences grading or other excavation of the Premises. During the time from the Construction Commencement Date to the Commencement Date.("Construction Period"), Tenant shall have exclusive access to the Premises rent-free, such that Base Rent shall not be payable until the Commencement Date, provided, however, (i) the provisions of Section 12 (regarding Tenant's liability), (ii) Tenant's insurance obligations set forth in Section 11 and (iii) Tenant's utility obligations set forth in Section 7 shall commence as of the. Construction Commencement Date. 7. Utilities. During the Term, Tenant shall pay, as additional rent, all charges for utilities consumed on the Premises, including, but not limited to, charges for gas, electricity, water and sewage. 8. Real Estate Taxes and Special .Assessments. Tenant shalt pay as additional rent all real property taxes and. installments of special assessments which are due and payable in respect to the Premises ("Taxes") during the Term. Tenant's . payment of Taxes shall be made after receipt of a statement therefor and before penalty attaches. Landlord agrees that Tenant shall have the unrestricted .right to contest and • appeal from any Taxes levied against the Premises either in its own name or in the name of Landlord, should this be required by law, provided, however, that no contest shall involve the possibility of forfeiture, sale or disturbance of Landlord's interest in the Premises. Landlord further agrees to cooperate in all reasonable ways to further any such procedure by Tenant and to notify Tenant promptly of the amount of each assessment communicated to Landlord in order that Tenant may make a timely election regarding its possible contest thereof. Expenses of any such contest shall be borne by Tenant. In the absence of a contest,. Landlord agrees that no assessment of the Premises shall be negotiated or accepted without the participation and concurrence, of Tenant. 9. Condition, Use. and Maintenance of Premises. Tenant shall not use the Premises for any unlawful purpose or for any purpose specifically disallowed by this Lease, Tenant shall further comply with such lawful requirements of the State of Minnesota and any municipal or public authorities which relate to the use and occupancy of the Premises.. Tenant shall, at its own expense, repair, replace and maintain in good condition during the Term all portions of.the Premises, including without limitation, those improvements or alterations installed by Tenant. 10. Alterations. Tenant may make any and all alterations, additions, installations and changes in and to the Premises at Tenant's sole cost and expense, including without limitation the (a) construction of a building and (b) installation of (i) 3 signs, (ii) underground .storage tanks, and (iii} petroleum dispensers and. lines (collectively,. "Alterations"}. Any Alterations shall remain on and be surrendered with the. • Premises at the expiration or sooner termination of this Lease, except as otherwise. provided in this Section 10 or Section 16.2 of this Lease. Notwithstanding the foregoing, if such alterations, additions, andlor .improvements consist of signs, trade fixtures, equipment, and/or other property which is not normally considered to be a structural part of the Premises, Tenant may remove the same at or prior to the termination of this Lease on the condition that Tenant repair any damage caused. to the Premises by reason of such removal. All such alterations, additions, .improvements, and changes (1) shall be done in a good and workmanlike manner, (2) shall be in compliance with applicable laws, building codes and regulations, and (3) shall not weaken any structural portions of the Premises. Tenant shall not permit any laborer's, mechanic's, or materialmen's liens to attach to the. Premises by reason of the same. Tenant. shall have the right to contest any mechanic's lien or other lien which attaches to the Premises, provided that Tenant provides Landlord with reasonable security for the same. 11. Insurance. During the Term of this Lease, Tenant shall maintain, at Tenant's sole cost and expense, the insurance described in this Section 11, as follows: 11.1 Commercial General Liability Insurance. Tenant shall maintain a Commercial General Liability Insurance policy, which policy shall include without limitation, coverage for bodily injury, property damage, personal injury, .advertising injury, contractual liability. (applying to this Lease), independent contractors, and products-completed operations liability. .Such policy (a} shall name Landlord as an Additional Insured and (b) shall have a total combined liability policy limit of at least $2,000,000.00 applying to liabilities for bodily injury, personal injury and property damage. 11.2 Property Insurance. Tenant shall .maintain .insurance on the Premises (and all of Tenant's fixtures, equipment and personal property located in or on the Premises) against loss by fire and .other hazardscovered by the so- called "all-risk" form of policy, in an amount equal to the actual replacement cost thereof. While the Building or any other improvement is in the course of being constructed or rebuilt on the .Premises, such insurance shall be in builder's risk completed value form, including coverage available on the so-called"all-risk" non- reporting form of policy, for an amount equal to 100% of the insurance replacement value of such building or other improvement. All insurance policies and renewals required by this Section 11.2 shall contain a loss payee clause in favor of Landlord. 11.3 General Insurance Reauirements. All insurance required by this Section 11 shall provide for thirty (30) days written notice to Landlord prior to cancellation, nonrenewal, or material modification. Certificates of all such insurance shall be delivered to Landlord prior to occupancy of the Premises by 4 Tenant, and at least thirty (30) days prior to the termination date of any existing • policy. Tenant may .obtain the insurance required by this Section 11 in combination with Tenant's other properties. 11.4 Waiver of Claims. Tenant hereby waives all claims against Landlord for any loss or damage resulting from fire or other insurable hazards, regardless of the cause of such damage, including damage resulting from the negligence of Landlord, its affiliates, contractors, agents, servants, employees or invitees. 12. Liabili .Landlord shall not be held responsible or liable to Tenant for any damage, loss or expense to Tenant or its property caused by or incurred by reason of fire, water, snow, rain, backing up of water mains or sewers, frost, steam, sewage, gas, electricity and by the bursting, stoppage or leaking of pipes or radiators, plumbing, sinks and fixtures in or about the Premises or by reason of the collapse of the Building. Tenant agrees that Landlord shall not be liable for any damage, either to person or persons or property or the loss of property, sustained by Tenant or by any other person or persons due to any act or neglect of Tenant. Landlord further agrees that Tenant shall not be liable for any damage, either to person or persons or to property or the loss of property, sustained by Landlord or by any other person or persons due to any act or neglect of Landbrd. 13. Destruction of or Damage to Premises. If the Premises are destroyed i by or damaged by fire, or any action of the elements, or other casualty, Tenant may, at Tenant's option, repair or rebuild the Building. Notwithstanding Tenant's choice to repair or rebuild the Building, Tenant hereby waives the provisions of Minnesota Statutes § 504.05 such that Tenant shall remain liable for the payment of rent at all times during. the Term. 14. Default. If Tenant shall be in default in performing any of the terms and provisions of this Lease, Landlord shall give Tenant written notice of such default, and if Tenant shall fail to cure (a) a monetary default within fifteen (15) days after Tenant's receipt of notice of default or (b) a nonmonetary default within a reasonable time after Tenant's receipt of notice of default (which reasonable time period shall not be less than thirty (30) days and shall include without limitation the time during which the default is susceptible of cure), then and in any such event, Landlord may, without further notice. or demand., elect to either terminate this Lease or, without terminating this Lease, terminate the Tenant's right to possession of the Premises, either of which must be exercised in accordance with applicable law. If Landlord chooses to re-enter and lawfully remove Tenant from the Premises, Landlord's entry upon and taking possession of the Premises shall not in any way terminate this Lease or release Tenant in whole or in part from Tenant's obligation to pay the rent for the remaining Term or discharge Tenant from liability for any loss or damage sustained. by Landlord on account of Tenant's breach of the Lease unless Landlord elects in writing to terminate the Lease. . 5 14.1 ReFetting. Upon. Landlord's re-entering the Premises,. it sfiall use commercially reasonable efforts to relet all or any part of the Premises for such term or terms and at such rent or rentals as Landlord, in the exercise of its reasonable business judgment, may deem advisable. Upon such reletting, all rent and other sums received by Landlord shall be applied, as follows: 14.1.1 Cost of Reletting. Landlord shall first pay any costs and expenses of such reletting,.. including reasonable attorneys' .fees incurred by Landlord due to Tenant's default, brokerage =fees -and reasonable costs of alterations and repairs undertaken for such reletting ("Reletting Costs"), provided, however, that the Reletting Costs payable by Tenant shall be limited to a fraction of the total Reletting Costs, the numerator of which is the number of months remaining in the Term of this Lease as of the commencement date of -the relet lease and -the denominator of which is the total number of months in the term of the relet lease. 14.1.2 Other Indebtedness. Secondly, Landlord shall pay any unpaid indebtedness other than rent due from Tenant to Landlord pursuant to this Lease. 14.1.3 Rent. Thirdly, Landlord shall. pay rent and. other charges due and unpaid pursuant to-this Lease. 14.1.4 Residue. The residue if an shall be held b Y. Y Landlord and applied to the payment of any future amounts that become due and payable pursuant to this Lease. If such rentals and other sums received from such reletting during any month be less than (a) the amounts described in this Section 14.1 and (b) the rental to be paid during such month by Tenant pursuant to this Lease,. Tenant shallpay over such deficiency immediately to Landlord. 14.2 Cure by Landlord. At any time following.. a default by Tenant and upon not less than thirty (30) days written notice to Tenant, Landlord may, -but shall not be obligated to, cure any default by Tenant under this Lease. Whenever Landlord so elects, all costs and expenses, including reasonable attorneys' fees, incurred by Landlord in curing the default, together with interest thereon at an annual rate of 12% from the date of such payment,. shall be payable as additional rent to Landlord on demand. 9 5. Breach by Landlord. If Landlord shall fail to perform any covenant agreed by it to be performed pursuant to this Lease, and said covenant obligates Landlord to expend a certain sum of money, Tenant may cure. said .default of Landlord by the 6 • expenditure of the money required and may deduct the amount spent from .any rent due • or to become due fiereunder, provided that Tenant gives Landlord written notice of such default after which notice Landlord shall have thirty (30) days to cure the same or to commence to cure the same in the event that the default by its nature requires a greater length of time, provided the cure is diligently prosecuted to conclusion. In the event Landlord's breach is such that the expenditure of money cannot cure such breach, Tenant may suspend payment of rent. . 16. Surrender of Premises. Tenant shall surrender the Premises to Landlord upon termination of this Lease, whether such termination occurs upon expiration of the Term or sooner, and shall remove (a) the Tanks pursuant to Section 16.2 and (b) all of Tenant's personal .property from the Premises. Tenant shall have no obligation to remove the Building or Canopy. 16.1 Holdover by Tenant. If Tenan# shah remain in possession after the expiration of the Term with Landlord's acquiescence, Tenant shall be a tenant at will on a month-to-month basis and there shall be no renewal of this Lease by operation of law. 16.2 Removal of Tanks. On or before the expiration or early termination of this Lease, Tenant shall remove all underground and aboveground storage tanks, gasoline lines and dispensers (collectively, the "Tanks") from the Premises and, if necessary, undertake all clean-up, corrective actions and remediation • required by any governmental authority in connection with the removal of the Tanks (collectively, the "Clean-up"). Tenant hereby indemnifies and holds Landlord harmless from and against any and all liabilities, damages, costs, expenses (including attorneys' fees), causes of action, suits, claims, demands or judgments of any nature whatsoever or whensoever arising from the Tanks, Tenant's removal of the Tanks, Tenant's completion of the Clean-up, or Tenant's failure to remove the Tanks or complete the Clean-up. 17. Sublease and Assignment. Tenant may not assign or sublet the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. However, Tenant shall have the right to assign or sublet the Premises without Landlord's consent to any parent, subsidiary, .affiliate, or franchisee of Tenant. In the event of any subletting or assignment, Tenant shall remain liable for the performance of all the terms and conditions of this Lease: 18. Eminent Domain and Condemnation. AU damages awarded for a taking of the real property under the power of eminent domain of all or any part of the Premises shall belong to and be the property of Landlord. All damages awarded for a taking of the building. and other improvements upon the real property made by or at the direction of Tenant under the power of eminent domain of all or any part of the Premises shall belong to and be the property of Tenant. The parties specifically agree that Tenant shall • 7 also be entitled to any award made for relocation of Tenant's. business and depreciation or damage to and cost of removal of Tenant's personal property and trade fixtures. The provisions contained in this Section shall apply in like way to any sale made under imminent threat of such taking. At Tenant's option, this Lease shall terminate if (a) any taking substantially interferes with Tenant's business operations on the Premises or (b) appropriate access to the Premises are taken under the power of eminent domain ~or sold under imminent threat of such taking. !n the event of any lesser taking or sale, this Lease shall. continue in full force and effect as if said taking had not occurred, but (i) Tenant shall. restore the improvements to a condition as nearly as practicable to their former condition using available condemnation proceeds, which Landlord .agrees to assign to Tenant and (ii) Annual Base Rent shall be proportionately. reduced by any reduction in the land area of the Premises. 19. Mortgages Free From Default. Landlord shall keep current and free from default any mortgage placed by it .upon. the Premises. If Landlord defaults in this provision, Tenant shall have the right to cure such default and credit all sums paid to the mortgagee against the next rents due pursuant to this Lease. 20. Entry and Inspection. Upon twenty-four (24) hours prior notice, except in the event of an emergency in which event no notice shall be required, Tenant shall permit Landlord, its agents or representatives to enter the Premises to examine and inspect the same or to exhibit the Premises to prospective tenants during the fast ninety (90) days of the Term or to prospective purchasers at any time during the Term. Landlord .shall make reasonable efforts not to unreasonably interfere with. the conduct of Tenant's business. 21. Notices. Any notice to be given by a party to this Lease shat{ be personally delivered or be sent by .registered or certified mail, or by a nationally recognized overnight courier which issues a receipt, in each case postage prepaid, to the other party(ies) at the addresses in this Section (or to such other address(es) as may be designated by notice given pursuant to this Section), and shat! be deemed given upon personal delivery, the date postmarked or delivery to such. courier: If to Landlord: .Robert E. Hoff and Betty Ann Hoff .9785 Oak Shore Drive Lakeville, Minnesota 55044 If to Tenant: Holiday Stationstores, Inc. 4567 West 80th Street Bloomington, Minnesota 55437 Attn: Real Estate Department: With a copy to: Legal Department 8 22. Choice of Law. This Lease shall be construed and enforced in accordance • with the laws of the State of Minnesota. The language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly for or against either Landlord or Tenant. 23. Short Form Lease. Neither party shall offer this Lease for recordation in the. public land records. Either party, at the written request of the other, shall execute a short form or memorandum of lease in recordable form which shall contain a legal description of the Premises, the length of the Term (including the Renewal Terms), Tenant's option to purchase the premises pursuant to Section 25 of this Lease, and incorporate by reference only the remaining provisions of this Lease. 24. Contingencies. This Lease is specifically contingent .upon the following: 24.1 Titte. On or before October 26, 1996, Landlord shall furnish either (a) an Abstract of Title or Registered Property Abstract ("Abstract") covering the Premises, certified to date to include proper searches covering bankruptcies, state and federal judgement and liens, and levied and pending assessments, or (b) a copy of Landlord's title insurance policy for the Premises. Within thirty (30) days after receipt of the Abstractor Landlord's title insurance policy for the Premises, Tenant shall have obtained, at Tenant's cost and expense, a commitment for a Tenant's title insurance policy for the Premises showing fee and marketable title in Landlord, in a form satisfactory to Tenant, in Tenant's sole discretion. • 24.2 Sails. On or before October 26, 1996, Tenant shall have satisfied itself, in its sole discretion and at its sole cost and expense, that the soils on and the groundwaters under the Premises are (a) free from hazardous substances., wastes, pollutants and other contaminants and (b) sufficient for Tenant's proposed use of the Premises. 24.3. Survey. On or before October 26, 1996, Tenant shall have received, at Tenant's sole cost and expense, a certified survey bearing the legal. description of the Premises, and showing the area, dimensions and location of the Premises, the. topography, the location of .all available utilities, the location of all improvements and encroachments, the location of any recorded easements, and not disclosing any condition rendering the Premises unusable for the Store, which determination shall be in Tenant's sole discretion. 24.4 Admiral. Lease. On or before October 26, 1996, .Landlord shall provide to Tenant (a) an assignment of Landlord's interest in the Admiral Lease, (b) a written subordination of the Admiral Lease to this Lease and the interests of Tenant pursuant to this Lease such that the .tenant pursuant to the Admiral Lease (the "Admiral Tenant") acknowledges and agrees that the Admiral Tenant will become a subtenant of Tenant, subject to the terms and conditions of this • ~ g Lease, and (c) an estoppel certificate from the Admiral Tenant in a form satisfactory to Tenant, . 24.5 - Governmental Approvals. On or before the Construction Commencement Date, Tenant shall have obtained all appropriate governmental approvals and. permits necessary, in Tenant's sole discretion, to construct the Store, which .approvals may include, without limitation, appropriate zoning, conditional use permits, curbcut and other access permits, signage permits, building permits, required licenses, and site plan approval. Tenant agrees to submit its site plan to the City of Lakeville on or before October 26, 1996, and proceed diligently to obtain all appropriate governmental approvals. 24.6 Kenrick Avenue. On or before the Construction Commencement Date, Tenant shall have received any and all approvals and documents necessary in Tenant's sole discretion to confirm. that the Premises shalt have sufficient access from. Kenrick Avenue, which approvals and documents may include an easement from neighboring property owners, in a .form satisfactory to Tenant in Tenant's sole discretion. Tenant shall provide Landlord with written notice of the failure of any above-described condition(s) ("Contingency(ies)") on or before the. date specified in each Contingency and, in such. event, this Lease shall be terminated. If Tenant does not provide Landlord with written notice of the' failure of any condition as of the date specified, such Contingency shall be deemed waived and this Lease shall remain in full force and effect. . The Contingencies benefit Tenant and Tenant reserves the right to .waive performance of any or all of the conditions by written notice executed and delivered to Landlord. Tenant shall diligently proceed to satisfy itself and/or obtain required documents and/or approvals regarding the Contingencies. Landlord shall allow Tenant and Tenant's agents access to the Premises without charge and at all times for the purpose of Tenant's investigation and testing of the Premises including surveying and testing of soil and groundwater ("Tenant's .Investigations"). Tenant shall pay all costs and expenses of Tenant's Investigations. Tenant shall provide to Landlord copies of all written test results and reports. 25. Option to Purchase Premises. Tenant shall have the exclusive option to purchase the Premises. If Tenant is not then in default under the terms of this Lease, and if this Lease is still in effect, said option may be exercised on or after the sixteenth (16th) anniversary of the Commencement Date. Tenant's option to purchase shall be exercised by Tenant providing Landlord with written. notice of Tenant's purchase option exercise on or before either. date set forth above ("Exercise Notice"). 10 • 25.1 Purchase Price. The price which Tenant shall pay for the Premises pursuant to the Option described in this Section 25 shall be Seven Hundred Fifty- Eight Thousand Four Hundred Thirty-seven and 68/100 Dollars ($758,437.68). 25.2 Title Evidence. Immediately upon receipt of tie Exercise Notice, Landlord shall furnish an Abstract of Title or a Registered Property Abstract for the Premises, certified to a then current date, to include proper searches covering special assessments, bankruptcies, and state and federal judgment and liens. Tenant shall be allowed thirty (30) days after receipt thereof for examination of title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. Title to the Premises shall be subject to encumbrances placed against the Premises by Tenant. If any objections are so made, Landlord shall be allowed ninety (90) days from the date of receipt of Tenant's objections to make title marketable.. Pending correction of title, the closing shall be postponed, but upon correction of title and within ten (10) days after. written notice, the parties shall complete this transaction according to its terms. 25.3 Correction of Title. If title is not marketable and is not made so within ninety (90) days as above .provided, this Option, at the election of Tenant, . shall be void, provided nothing- herein shall deprive Tenant of the right of enforcing the specific performance of this Option. If title is made marketable and Tenant shall fail to close the transaction in accordance with this Section 25, this • ~ Option, at the election of Landlord, shall be void, provided nothing herein shall deprive Landlord of the right of enforcing the specific performance of this. Option. 25.4 Closing. If this Option is exercised, Landlord agrees to convey title to the Premises on the. date of closing by a warranty deed, in recordable form with appropriate transfer .taxes paid by Landlord., conveying to Tenant fee title to the Premises. Landlord shall also present and tender on the date of closing all documents necessary to .cure objection to title, if any, and the necessary recording fees therefor, a seder's affidavit in customary form, such documentation as may be required to remove the standard exceptions to title insurance coverage, appropriate corporate or .partnership .resolutions authorizing the execution and delivery of closing documents, and such other documents and things as Tenant may reasonably request to convey the Premises to Tenant as contemplated by this Section 25. Tenant shall pay all other charges incidental to the conveyance, including without limitation, recording fees for the conveyance from Landlord to Tenant and title insurance premiums. 25.5 Lease Termination. If Tenant has exercised its option to purchase the Premises, upon completion of any purchase by Tenant, but not prior thereto, this Lease shall terminate. 11 26. Required Purchase of Premises. Pursuant to the terms and conditions of this Section 26, Landlord can require Tenant to purchase the Premises ("Required Purchase"). Landlord. may exercise the Required Purchase by providing Tenant with written notice of Landlord's. exercise of the Required Purchase at any time during the first fifteen (15) years of the Term ("Required Purchase Notice"). 26.1 Purchase Price. The price which Tenant shall pay for the Premises pursuant to a Required Purchase shall be Six Hundred Six Thousand One Hundred Forty-Four Dollars ($606,144). 26.2 Title Evidence. lmmediately following delivery of the Required Purchase Notice, Landlord shall furnish. an Abstract of` Title or a Registered Property Abstract for the Premises, certified to a then current date, to .include proper searches covering especial assessments,. bankruptcies, and state and federal judgment and liens. Tenant shall be allowed: thirty (30) days after receipt thereof for .examination of title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, .Landlord shall. be allowed ninety (90) days from the date. of receipt of Tenant's -objections to make title marketable. Pending correction of title, the closing shall be postponed, but upon correction of title and within ten (10) days after written -notice, the parties shall complete this transaction according to its terms. 26.3 Correction of Title. If title is not marketable and is not made so . within ninety (90) days as above provided, the Required Purchase shall be void, at the election of Tenant, provided nothing herein shall deprive Landlord of the right of enforcing the specific performance of the Required Purchase. If title is made marketable and Tenant shall fail to close the transaction in accordance with this Section 26, the Required Purchase, at the election of Landlord, shall be void, provided nothing herein shall. deprive Landlord of the right of enforcing the specific performance of the Required Purchase. 26.4 Closing. If the Required Purchase is exercised, Landlord agrees to convey title to the Premises on the date of closing by a warranty deed, in recordable form with appropriate transfer taxes paid by Landlord, conveying to Tenant fee title to the Premises. Landlord shall also present and tender on the date of closing all documents necessary to cure objection to title, if any, and the necessary recording fees therefor, a seller's affidavit in customary form, such documentation as may be required to remove the standard exceptions. to title insurance coverage, appropriate corporate or partnership resolutions authorizing the execution and delivery of closing documents, and such other documents and things as Tenant may reasonably request to convey the Premises to Tenant as contemplated by this Section 26. Tenant shall pay all other charges. incidental to 12 • the conveyance, including without limitation, recording fees for the conveyance i from Landlord to Tenant and title insurance premiums. 26.5 Lease Termination. If Landlord has exercised the Required Purchase, upon completion of any purchase by Tenant, but not prior thereto, this Lease shall terminate. 27. Right to Purchase Property. Landlord hereby grants to Tenant a right of first refusal during the Term to purchase the Premises, subject to the following terms and conditions: 27.1 Notice of Offer. If at any time during the Term Landlord receives a bona fide offer which it is willing to accept from any person, firm or corporation, ready, willing and able to purchase any or all of the Premises ("Offer"), then and in such case Landlord -shall immediately give written notice of the offer ("Offer Notice") to Tenant. The Offer Notice shall include the name and address of the offeror, the price offered and the terms and conditions of the Offer and shall be accompanied by a copy of the Offer and of any letter of intent or other memorandum of the Offer. 27.2 Notice of Intent to Purchase. Tenant shall have twenty (20) business days after receipt of the Offer Notice to agree to purchase the Premises • at the price-and according to the terms of the Offer, which agreement shall be in a writing delivered to Landlord ("Offer Acceptance"). 27.3 Loss of Right to Purchase. If Tenant does not exercise its right to purchase by providing the Offer Acceptance to Landlord pursuant to this Section, Landlord may accept the Offer and complete the sale to the offeror. in accordance with. the Offer. Upon completion of the sale to the offeror, Tenant's option to purchase the Premises pursuant to this Section shall terminate. 27.4 Revival of Right to Purchase. If the terms of the Offer are changed or the sale or conveyance to the offeror on the terms submitted to Tenant is not completed within one hundred twenty (120) days after the end of the period described in this Section, then Tenant's right of first refusal shall be revived and the Offer shall again be submitted to Tenant for the period and in the manner described in this Section. 27.5 Termination of Right to Purchase. Tenant's right of first refusal to purchase the Premises shall terminate .upon expiration of the Term or sooner termination of this Lease. • ~ 13 ' t 27.6 Lease Termination. If Tenant has exercised its right of first refusal to purchase the Premises, upon completion. of any purchase by Tenant, but not • prior thereto, this Lease shall terminate. 28. Broker's Commission. Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with the execution of this Lease, except for the commission payable to Thomas W. Heiberg at Land'Sake, Inc., which commission Tenant shall be solely responsible to pay. Each of the parties hereby indemnifies the other party against and holds the other party harmless from all liabilities arising from any other such claim. 29. Force Majeure. If either party is delayed at any time in the performance of any. provision of this Lease, except the payment of money, such delay may be excused by fire, unavoidable casualties, Acts. of God, shortage of labor or materials, and other causes outside the control of the parties which could not be avoided by exercise of due care. In the event of such. unavoidable delay, the relevant time period set forth in this Lease shall be extended by the length of time of the unavoidable delay. IN AGREEMENT., Landlord and Tenant have executed this Lease as of the date first above written. LANDLORD: TENANT: .HOLIDAY STATIONSTORES, INC. • By Robert E. Ho Title sistant ecretary I~ ~~z C ~ _ Betty An Hoff 14 • EXHIBIT A TO LEASE AGREEMENT Legal .Description [To be Provided] • EXHIBIT B TO LEASE AGREEMENT Premises [See Attached] • j J,` ~ 633! ~f } ~tl~ - t !1 giil J • ~'s ~i I ! ~ ~ ~ i491 $ J ~ :ii f J I ~ N .t 1 : ~ , , , , c{~~ 7 ,II 11j1.~ 1.~~1 Tu~.~~i~_.~- ~.Nl~'-'1\ I if I v ~ h, hV 1- narpvAT mar: . - ~ ` , \ t i • ri~'11'~1~l1 1 1~ ~ j'' 111; 11M. 1 1 1 1 ~ } PP r `1 ~ ~ 'i~~~}~ ~t r1 vii i ~ to ~6~ i r ~ o ~ 111 ~~~~E.1 1 . r •.1 r. 11,;1; . t .1 ~ ~ ; t., ~ pi 1.t trt\ .~,,-~;r a r; b i ~i 14~ s. 1 't _I I I !r i ~IIN~1 1 J77 INN ' ~ DDD " A L 11 t.liLlf•. - ejl/f ~y V y~1111. tj 1 G•~`~">Q~~~~~'V ~ H ~ 11~~ . ~ ' i i 1''11'~ ~ ,yi ~ r d _ . „ ~ ~ ,Tir .t 1--~' Y.• ' ' 1 u; l . ,lev:s X011 1• _ . ' ~ _ ' ~ I I 1 t 1 ` I t"t ~ 1 r I 11 i ~ I rM ~ I I (lj t~l~lf~ n =1~~ ~f!`tt~ I t`~j;T! tr J } I ~ i y S t i~ r ji f ~ t~1 ~ i ~ fir I T ~ ~"~O~lC~~/ Companies GEN. OFf ICE. ii6: K'E5T SOIh STREET i MAIE ADDRE55: F'.U. BUX 1 X13 A1INNEAPUUS, MN iiA40 %Pf i. 612-8111-AilXl i 61X 612-A iP-A86A CREDIT OFFICE: ii(11 N'. OLD SHAK(WEF RD. /MAIL .ADDRESS: P.U. HOX 121b MINNEAPUI I5. MN Si3JU r PFi. 612.921-21N)! FAX b12-421-5295 Direct Dial: 6121830-8005 Fax: 612/830-1681 E-mail: crothste~holidayco.com July 10, 1997 Mr. Ernie Lindstrom FACSIMILE TRANSMISSION Attorney at Law 612/831-7358. Suite 444 DELIVERED BY MESSENGER 7600 Park Lawn Avenue Minneapolis, MN 55435 Re: Holiday Stationstores, Inc./Lakeville, MN/160th & Kenrick/ Lease Between Robert E. Hoff and Betty Ann Hoff ("Hoff') and Holiday Stationstores, Inc. ("Holiday") dated September 10, 1998 ("Lease") Dear Ernie: Pursuant to Section 24 of the Lease, Holiday hereby gives notice of the termination of - the Lease due to the failure of the contingencies identified in Sections 24.5 and 24.6 of the Lease. • Please contact me with any questions or comments. Very truly yours, O NIES arl J Lein Lega nsel CJR/rks.10 cc: Robert E. Hoff and Betty Ann Hoff (by messenger) 9785 Oak Shore Drive Lakeville, MN 55044 ' Foos w~x% _?EESS) HoddcY t+oNdar. ~~~~C~C~~/ Companies • 1.1 \ . fl l It I 1 \\I11 :N IIh ~IAI I I \1 \II \I )I 111 1'f 1. lit 1\ 1.. 1 ..\11\\I \IY 111\ \I\ . :.l.i.l 1'1I I.I ~ It tll h'~MI 1 •.1::::.I.:{J4n1_ , 1: 1:11>II • +11 h I .'till t 111 t ~I 1:\At 11'11 til f. ~ \I:\II \111 )1:f~~ f'11 Ih 1\ I _ I•. \11\\I \IN IJ I~ ~t\ ::.1•hl ' 1.11 1.1 : •1,1 .:,ywl 1 1.1; •1.1 November 6, 1996 Daryl Morey City .Planner City of Lakeville 20195 Holyoke Avenue Lakeville, .Minnesota 55044-9047 . RE: Preliminary Interdepartmental Review for proposed Holiday Stationstore Southwest Corner of County Road 46 (162ndS#reet) and Kenrick Avenue, Lakeville, Minnesota Dear Mr. Morey: Enclosed please find six (6) sets of a survey of the southwest corner of County Road 46 and Kenrick Avenue, and a preliminary site plan for our proposed Holiday Stationstore on this property. Please schedule us for the November 20, 1996 interdepartmental review of the enclosed plans and our proposed development. Please call me at 830-8767 if you wish to discuss the enclosed material, or if you wish to meet prior to November 20, 1996. We have had initial conversations with Bob Erickson and Mike Sabota about our project. We will appreciate your keeping Mr. Erickson and Mr. Sabota informed as you deem appropriate. . We look forward to working with you ora this project. Thank you for ~rour car~sideration. . Sincerely, HOLIDAY STA IONSTORES, INC. Mark W. 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