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HomeMy WebLinkAbout[07b] Special Use Permit - Kurt Sauercrr~~ oN sr a~~hrH Council Agenda Item MEETING DATE: July 16, 2009 AGENDA ITEM: Kurt Sauer- Special Use Permit SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission met on July 6, 2009 and conducted the public hearing to consider the issuance of a special use permit to allow a rental unit at 31 Minnesota Street West. The Commission requested the Council issue the Special Use Permit to Kurt Sauer allowing until 2011 for all the exterior improvements to be completed. In addition, before the parking lot and landscaping are completed the Sauer will present final plans to the Planning Commission. PREVIOUS COUNCIL ACTION: As stated in the request for Planning Commission Action, the Planning Commission and Council has twice considered and recommended approval of a special use permit to allow for the rental unit. Both times the project has not evolved. However, last time the interior work had started with the main level gutted and then the project stalled. BACKGROUND INFORMATION: Included in the Planning Commission packet were memo's from the Building Official regarding the modifications needed before the rental license could be issued. Staff had also discussed that before the rental license could be issued the lower level had to be ready for a tenant to occupy as the rental is only allowed with a commercial use. Staff recognizes that other spaces are vacant, but they are at least ready for occupancy. The property owner has agreed to sheet rock and modify the lower level so that it could be leased to a tenant. BUDGET/FISCAL IMPACT: ATTACHMENTS: Development Agreement; Planning Commission information REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Percheron Properties to allow a mixed unit development consisting of rental and general business. CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this day of , 2009, by and between Percheron Properties, a Minnesota limited liability company, hereinafter called "Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WTTNESSETH: WHEREAS, the Developer is the owner of a certain real property located within the City limits which is legally described as Lot 7, Block 9, Townsite of St. Joseph, according to the plat thereof on file with the Stearns County, Minnesota Recorder (the "Property"); and WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto; and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the Project; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, TT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL 1.1 Request for Development Plan Approval• The Developer has asked the City to grant final approval of the Development Plan for the Project to be constructed on the Property. 1.2 _Conditions of Development Plan approval• The City, after requisite notice and hearing, has granted final approval of the Development Plan subject to the terms and conditions of this agreement. 1.3 Scope of Agreement: This Agreement, and the terms and conditions hereof, apply only to the Project. This Agreement does not obligate Developer to construct the Project, but Developer must comply with the Agreement if it goes forward with the Project. If Developer elects or is unable to go forward with the Project, or chooses not to rebuild the Project after a fire or casualty, it may propose to the City a new project or development for the property, subject to the regulations then in effect for development approvals, and the Agreement shall not apply in any manner to such a new proposal. 2.0 RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the escrow required in section 3.12 to secure performance of the Developer's landscaping obligations has been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures shall be sited and constructed on the Property as shown on the Development Plan prepared by Outsource Management referred to in Exhibit A (hereinafter the "Development Plan"), subject to the provisions of this agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. 3.2 BUILDING STRUCTURE: The building structure and all appurtenances must be maintained structurally independent of adjacent buildings on separately described parcels. As a mixed use the structure must be maintained in compliance with the St. Joseph Zoning Ordinances for licensure as rental property. 3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. 3.4 SITE PREPARATION: The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary. 3.5 BUII.DING ELEVATION: The proposed building(s) will not exceed the building elevations shown on the Development Plan. 3.6 BUILDING EXTERIOR: The building exterior shall consist of the following: Siding, EFIS and Cornice materials that provide weather barriers required by Minnesota State Building Code. Such materials must be able to be maintained in compliance with St. Joseph Zoning Ordinance Section 55. The building exterior must comply with the plan approved by St. Joseph Planning Commission or better. 3.7 INGRESS/EGRESS: Vehicular access to the Property shall be as shown on the Development Plan as referred to in Exhibit A. 3.8 SIGNAGE: The Developer must provide detailed site plans for the construction of any signage and the sign must meet the all the requirements of the St. Joseph Zoning Ordinance. 3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line. 3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least 21 off street parking spaces based upon the mixed uses of the property. The parking lot must meet the standards outlined in St. Joseph Code of Ordinances 52.10 subd. 5 and further resident parking must be designated and marked as shown on Exhibit A. 3.1 l GRADINGlDRAINAGE: The final drainage plans must be approved by both the City Engineer and the County Engineer. 3.12 LANDSCAPING/FENCING/SCREENING: The Development will include landscaping to include trees and grass as shown on Exhibit A. 3.13 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer with all plans approved before application for a building permit. 3.14 SIDEWALKS: The Developer must extend the sidewalk along 1 S` Avenue NW to match the existing sidewalks. 3.15 ADDITIONAL REQUIREMENTS: The maximum rental occupancy shall be limited to 10 and a rental license shall be secured each year as required by St. Joseph Code of Ordinances 55. The exterior exit stairways shall be maintained free of snow and ice and any other elements that could impede or hamper escape or rescue from the floors above ground level. All stairways shall be maintained structurally independent of buildings located on adjacent properties with different legal description from subject property. 3.16 NPDES/CITY OF ST. JOSEPH SWPPP: At the time of application for a building permit, a completed storm water application must be submitted and before work can begin, a copy of the MPCA permit must be submitted to the City and must be posted at the job site. Per the developer, the impervious square footage has been reduced by 2,662 square feet. 3.17 FIRE/SAFETY REQUIREMENTS: Project must be constructed to comply with City Code and IBC Automated Fire Suppression requirements. 3.l 8 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be issued for this Property until the Developer has signed and returned this Development Agreement and submitted any additional information as directed by the City Engineer. 3.19 REQUIItEMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City building codes. 3.20 CONSTRUCTION SCHEDULE: The Developer shall apply for a building permit within two years of the execution of this agreement. Failure to apply within the one-year period shall render this agreement null and void. The improvements shall be substantially completed by the first (ls`) anniversary of the date the building permit for the Project has been issued to Developer, and no later than the second anniversary of the execution of this agreement, subject to reasonable extension for delays due to force majuere causes and material supply shortages beyond the control of Developer (the "Completion Date"). 4.0 GENERAL TERMS AND CONDITIONS 4.1 Title. The Developer hereby warrants and represents to the City, that Developer's interest in the Development is fee owner. 4.2 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property and/or Project and all recording fees shall be paid by the Developer. If the Property and Project aze sold or conveyed to a third party, and the third party, in a writing satisfactory to the City, takes and assignment of, and agrees to assume the obligations of the Developer under, this Agreement, the prior owner/transfer will, from and after the effective date of the assignment and assumption, be released from any further obligations under this Agreement; provided however, that in no event will Percheron Properties be released from its obligations under this Agreement prior to the City's issuance of a certificate of occupancy for the Project. 4.3 Notice. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows. If to the City at: City Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374 If to the Developer at: Kurt Sauer Percheron Properties 8573 Orange Road St. Joseph, MN 56374 4.4 Incorporation of Documents by Reference. All of the Development Plan documents identified in attached Exhibit A are incorporated by reference in this Agreement. 4.5 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform inspections deemed appropriate by the City during the development of the Property. 4.6 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council fmding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City and appropriate certificate of compliance. The Certificate of Compliance shall be in recordable form and shall constitute prima facie evidence that the Developer has performed its duties and obligations under this Agreement. 4.7 Assignment. At any time before a Certificate of Compliance has been issued, this Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 4.8 Irate trop. This Agreement contains all of the understandings and agreements between the parties. This agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 4.9 Execution in Counterparts. This Agreement may not be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4.10 _Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 4.11 Representation. Rajkowski Hansmeier Ltd. Represents the City with regard to this Agreement. Developer is hereby advised to seek, and has consulted, an independent legal advisor prior to the execution of this Agreement. 4.12 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in force and effect as though they were dedications of the CIC Plat, unless according to their terms are intended to terminate earlier: a. Water/Sewer Access Fee -One year after issuance of the rental license, the water consumption will be reviewed in relation to the number of access charges paid for the property. If the water consumption exceeds 274 gallons per day per perimeter already paid, the developer shall be responsible for paying the additional access charge at the current rate. b. Exterior and Site Improvements: The property owner shall have until August I , 2011 to complete the exterior improvements including the parking lot improvements and landscaping. Before the improvements are initiated, the developer shall present the City with a final plan which will be reviewed by the Planning Commission. 5.0 DEFAULT AND REMEDIES S.l Default. Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement. 5.2 Right to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 5.3 Remedies. If an event of default is not cured by the Developer within the applicable cure period, the City may do any, all or any combination of the following: a. halt all further approvals regarding improvements or issuance of building permits or occupancy permits relating to the Development Property; b. seek injunctive relief; c. take any other action at law or in equity, which may be available to the City. Signed and executed by the parties hereto on this ATTEST By Judy Weyrens City Administrator day of , 2006. CITY OF ST. JOSEPH By Alan Rassier Mayor DEVELOPER By _ Name Title STATE OF MINNESOTA 1 )ss COUNTY OF STEARNS 1 On this day of , 2009, before me, a notary public within and for said County, personally appeared Alan Rassier and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA 1 )ss COUNTY OF STEARNS On this day of , 2009, before me, a notary public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the of Percheron Properties, the limited liability company named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said company by authority of its acknowledged said instrument to be the free act and deed of said company. Notary Public .. -- . ~ , F~IIBIT A ~ ~ i ~ ' __ a _ ---J-"_- I--- ~1 I PROPQ6ED~ ~I~Y~ a~ ernx~wa~s T-- _ _ ' ~ 9'XS' SCREEN S 8gd33'S3" E .30.48 __._._-.~._---------' -' Z - --~~~- gas EXISTWG ' ~ SpEWAUC T PTO I A 4 STA1.1. .~ ! ; PSG ~ ~~ I x . ~` W G ; cur ,~ RGSiCIen'F5 1 ~ PROVIVE (4) PRAitIE SPIRE ~ I ~ ~ j I ~' NEW ~ 3.5 SASH / S', RESERVED FOR RES S I CURB I un~ ATE ' ARROYMr P1~IG. ' ' 3' ~•° EXIrJT0V5 SffE ~.I ~ ~ DR~e wri~cn ~, ~ ~. ~ ~ ~ wu. ee ~alNrAa~r 4 j ~.. N1 19' L ~ ~ Pki9A T -. 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BACKGROUND INFORMATION: Kurt Sauer has submitted the application for special use and was part of the Percheron Group that applied for the Special Use Permit in 2005. He is applying for the permit under his name and not the Percheron Group. However, he is using the same plan that was approved in 2005, both inside and out. One of the reasons the rental portion was not completed was the property did not have a commercial use and the Ordinance requires 50% commercial. In 2005 they started gutting out the inside of the building and then stopped. I have included in your packet the material from the previous meeting including the Development Agreement that was executed. The request would be to use the same agreement with the same plans. However, this time the property owner is asking to complete the development in two phases - 2009 complete the inside to allow for rental units and sheet rock the inside so a business could lease the space. In 2010 the exterior and parking would be completed. This language would be added to the Development Agreement. ATTACHMENTS: 2009 Application for Special Use, Hearing Notice, Site Plan, Inspectron Reports, 2006 Development Agreement. REQUESTED PLANNING COMMISSION ACTION: Recommend the Council approve the special use permit with the development in phases. The agreement should include a contingency that the rental license for 2010 cannot be issued unless the outside improvements are completed. APPLICATION FOR SPECIAL USE PERMIT STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: ~j~.-~ ADDRESS: City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 Fee S Paid Date PHONE: ~~~ _ ~~~Cl~ u I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with the ordinance requirements.) 1. Application is hereby made fo a Special Use Permit to conduct the following: ~~ <. 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): w ~-~- `~'-~~-I~.e.~1/ ~~ ~~~ ~i -~~ - ~ Hayti-f -~ l ~v~ =t"- ~.''~~~ ©f-' ~} ~ ! ® - Tat,, L~ ~~ ~ `I'f' ' ~~ /t ~A4~ ~ ~ ~ . ~'~ 3 ~~oo~"' 1 ~ 3. Present zoning of the above described property is: 4. Name and address of the present owner of the above described property: .Lr~~l~.~,~~~-t ~,~f"~e~J L ~, (~ ~j-73 c3~ ~~'(~/ _ _ _ _ _ __ _ _ _ ~ _ ~l _ _ _ ~.~30 --~c~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes ("! No ~2~_ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: (- Yes ~ No ,,,., , ,~ 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: ,~""~ Yes ~'", No 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes j"' No Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Applicant Signature: Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: Planning Commission Action: r Recommend Approval (`" Recommend Disapproval Date of Action: City Council Action: r Approved r' Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: Date: ~ ~~ 1. Application is hereby made for Special Use Permit to conduct the following: I am asking to lease the apartments upstairs while improvements are being made to the building's appearance and the first floor. I would like to first bring the building up to code for leasing out the upstairs and make the first floor more appealing to renters. The lease will give me time to bring the outside up to code, and be able to get the outside appearance of the building looking suitable for downtown St. Joseph. 5. Is the proposed use compatible with the future and present land uses of the area? Yes, the first floor will be used for commercial, and the upstairs will be used for apartments. 6. Will the proposed use depreciate the azea in which it is proposed? No, I feel that it will improve the azea b,~cause the building has been vacant since 2004, creating traffic and movement in the building wi~~ help the azea. Also the improvements will help immensely. - ~. CITY OF ST. OS~PH 1 WWW.CIIyOf StjOSeph.COm City of St. Joseph Public Hearing The Planning Commission for the City of St. Joseph will be conducting a public hearing on Monday, July 6, 2009 at 7:00 PM. The purpose of the hearing is to consider issuance of a Administrator special use permit to allow a rental unit in a B1 Zoning District. The property is located at 31 ~udy u/'eyrens Minnesota Street W (formerly the Linnemann Building), legally described as follows: Tract A: The North ninety-nine (99) feet of Lot Seven (7), Except the East Six (6) feet thereof in Mayor Block Nine (9), ORIGINAL TOWN OF ST. JOSEPH, County of Steams, Minnesota. AI Rassier Tract B: The East Ten (10) feet of Lot Seven (7), and all of Lot Eight (8) less and except the East Councilors Two (2) feet thereof of Block Nine (9), ORIGINAL TOWN OF ST. JOSEPH, County of Stearns, Minnesota. Steve Frank Bob Loso St. Joseph Code of Ordinances 52.30 Subd 3(f) includes the following use: Mixed use of a Renee Symanietz Permitted Use and a multiple residential dwelling unit; but only if at least 50% of the interior Dale Wick square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of structures. Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. Kurt Sauer, 8573 Orange Road, St. Joseph MN 56374 has submitted the request for Special Use. 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MI/WVESOTR STREET SCR ~ of l0 . ,e. >o. .,...-.~ ~~ ~~ ~~ ~u ~O U ~ 1 1 I 1 1 1 1 I I I 1 1 I I 1 _ - . - - ~ i _ 1 m Q _/ I~ 0 .. ~ .°°i~cif ~ ~~ ~• n.nealro m rlowcoo oo~ ..wm wa®wxa aaaor 9uaaom x~raa a~alx,aar .... ~"^~ ~aow3a teals nwr ~e n u 4 a~ n n 1PA^6JVNVW 3~1D51f 10 11I N' 4 !V 900L• 1MWpi10]lIOY Memo To: Judy Weyrens City Administrator From: Ron Wasmund, Building Official CC: Date: 9/8/05 Re: Percheron Propoerties, 31 Minnesota Street West Special Use Permit Proposal Percheron Properties LLC, 400 Meyer Ave. Albany MN has purchased the property at 31 Minnesota Street West. They are proposing to create seven (7) individual rental offices on the main level and 2 multiple residential dwelling units with a total of 10 tenants on the second and third levels. Percheron Properties is applying for a Special Use Permit to allow the mixed use of the property as required in Ordinance Section 52.30 Subd. 3 (f). Background The existing 3 story wood framed building was previously owned and remodeled to its current configuration by Dehler and Linnerman. The special use permit was applied for by the former owners but never followed through. In recent years, a medical billing office has occupied the first floor. The dwelling units on the upper levels have been owner occupied as a single unit. The dwelling units have never been used as rental units. The main level has several small offices and multiple restroom facilities. The second floor contains one three bedroom rental unit and the kitchen, living room and bathroom for the second rental unit. The third level contains two large dormitory style bedrooms. Ingress and egress is provided to the second and third floors by internal stairways and wooden exterior stairways. Currently parking is located on the north side of the building. The gravel lot and four-stall garage provide 27 parking spaces. The property is located in the B-1 Central Business District. The use is listed as a Special Use in the B- 1District. Findings The mixed use of business/professional offices and multiple residential dwelling units requires a special use permit. The area consisting of multiple dwelling units must comply with the lot area requirements of Ordinance Section 52.29 Subd. 5 and 6. Applying the lot area requirements and schedule of allowances for two units with five bedrooms, the minimum lot area of 12,000 square feet is required. The existing lot area of 20,307.42 SF complies. • Page 1 12,000 square feet of lot is the minimum required. One two-bedroom unit is allowed for each 3500 square feet. One three-bedroom unit is allowed for each 4000 square feet A deduction of 300 square feet is allowed for the commercial zoning The lot area requirements of Ordinance Section 52.29, Subd. 5 and 6 are met. Ordinance section 52.10 subd 2 requires off street parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of building or structures hereafter erected, altered or extended after adoption of the ordinance comply with Ordinance 52.10 Off -Street Parking. Multi family dwellings are required to have 4 spaces for athree-bedroom unit and 1.25 spaces for each additional bedroom per unit. Bedrooms greater than 140 SF of floor area are considered two bedrooms for computing the required parking. The two bedrooms on the third floor both measure more than 140 SF. 4 bedrooms = 5,25 spaces 3 bedrooms = 4 spaces 10 Spaces required for rentals Office use requires one parking space for every 250SF of floor area. First floor contains 3225 SF of floor area. 3225/250 = 13 spaces Twenty-three parking spaces are required for the proposed use. Twenty-three spaces are shown on the site plan; in addition, the detached accessory building may contain as many as four spaces. The parking as shown requires six spaces to back into a public alley for circulation. Ordinance Section 52.10 Subd. 5 (j) states Except in the case of single family, two family, and townhouse developments, parking areas shall be designed so that circulation between parking isles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing into the public street. The lot has sufficient area to accommodate the required parking without backing into the alley Ordinance Section 52.10 Subd. 5 (b) States Parking lots existing on or before January 1, 1996 do not have to be brought into compliance with these standards (52.10 Subd. 5) until such time as any one of the following events occur, 9( a) a new structure is All parking stalls must be striped in conformance with Ordinance section 52.10 Subd.3 (f) Off-street parking or Ordinance section 52.31 subd 8(a), (f). A lock box must be installed on the building in compliance with Ordinance section 52.31 subd 8(i) prior to final inspection. Complete building plans must be submitted for review and approval before building permit issuance • Page 2 Recommendations For final review and approval of the site plan applicant must: 1. Submit foundation details showing compliance with Ordinance section 52.31 Subd 8(c). 2. Submit a revised floor plan showing public sales/service areas and storage areas supporting the reduced parking requirements submitted by applicant or apply for a variance for reduced parking provisions. Total number must comply with Ordinance Section 52.10 Subd. 4(m) 3. Provide redesigned parking layout to include a 2nd accessible parking space. Consider putting the second required space across the aisle from the current proposed accessible space. The access aisle can be placed at the northerly end replacing the parking space that is tight against the landscaping and sidewalk. Ordinance Section 52.10 Subd 5 (k) 4. Provide curb and or landscape materials to delineate, enhance and control access to parking provided on the south side of the building. Ordinance Sections 52.31 Subd 8 (a), (f); 52.10 Subd. 5(f). 5. Provide striping to delineate all parking stalls. Ordinance Section 52 Subd 59(m) 6. Provide details of what items will be displayed outdoors, where these items will be displayed and when the items will be displayed. Displayed items must not interfere with building access or off street parking. 7. Provide plans and details for all site signage. 8. Provide complete building construction plans for building permit approval. 9. Provide a lock box on the building exterior before final inspection of building. Ordinance Section 52.31 Subd 8 (i) 10. Provide a revised site plan showing the location of the existing curb line relative to the property line. • Page 3 Memo To: Judy Weyrens City Administrator From: Ron Wasmund, Building Official CC: Date: 11/29/05 Re: Percheron Properties, 31 Minnesota Street West Special Use Permit I have reviewed the materials submitted on November 7, 2005 by Dean Wick, Outsource Management Services for 31 Minnesota St.. The submittals consisted of a revised site plan and a written narrative. The revised site plan shows the existing parking area with new b612 curb installed on the north and east sides. The narrative indicates that the parking surface will be paved with asphalt surfacing. Twenty-three parking spaces are required based upon the mix of uses proposed on this property. The site plan shows 21 including the four spaces in the existing garage. The proposed layout is two spaces short of the required number. Except for the number of parking spaces, the proposed parking seems to be compliant with ordinance. The curb and surfacing are an improvement over the existing condition but a variance will be needed for the proposed number of parking spaces unless two spaces can be added to the layout. I have reviewed the Building Code for requirements of the exterior stairway. It is a required exit. It can be located where it is if the exterior wall of the adjacent property is constructed to a one-hour fire resistive construction and contains no openings. The adjacent wall is constructed with concrete block and has no openings. It is assumed to have been required to be one-hour fire rated when constructed due to it's proximity to property line. The stairway however should be structurally independent of the adjacent structure. The attachment to the adjacent building must be covered by an attachment agreement between the two property owners with evidence submitted to the building official or structural supports must be added. The topic of fire suppression has come up in discussions several times. St. Joseph Fire Chief Randy Torborg provided me a copy of the State Fire Marshal's review from 1994. In that report, it is very strongly recommended. It was recommended to be installed as an alternative to all of the corrections needed to comply with some of the life safety requirements of the Uniform Building Code in effect at the time. The use of the building at the time of that review was as a dormitory style residence with habitable space on three stories. While I agree that it would be advantageous to the owner to have an Automatic Fire Suppression System for protection of the residents and property and I would like to see it sprinkled, the use has changed to commercial offices on first floor and two rental units on the second and third floors. The uses are now governed by the International Building Code. The residential use of the property is • Page 1 classified as an R-3 Occupancy. IBC Section 310 defines an R-3 Occupancy as "residential occupancies where the occupants are primarily permanent in nature and not classified as an R-1, R-2 or I and where buildings do not contain more than two dwelling units." IBC Section 93.2 governs where Automatic Fire Suppression is required and it has no provisions for R- 3 Occupancies provided that the required 2-hour fire rated separation is provided between the commercial occupancy on the main floor and the residential occupancy above. The owner will have to verify the fire rating of the floor ceiling assembly above the offices for the building official. They will have the option of providing the required 2-hour separation or sprinkling the building. The applicable building code sections are attached. Because the residential portion of this building has been owner occupied as a single dwelling unit I believe the proposed use as two rental units is a change in occupancy and the requirements of the International Building Code apply. Findings The mixed use of business/professional offices and multiple residential dwelling units requires a special use permit. To qualify for a Special Use Permit at least 50% of the interior square footage (exclusive of basement or cellar) must be used full time for a perrnitted use, and said permitted use and residential uses must not be conflicting. The plans are not dimensioned or detailed with the square footages of the residential areas so the floor area ratio cannot be calculated. The applicant however states that the permitted use is 59% of the total floor area of the building. The ordinance states the permitted use must be full time, implying that the commercial use must be occupied before the rental units are permitted. The area consisting of multiple dwelling units must comply with the lot area requirements of Ordinance Section 52.29 Subd. 5 and 6. Applying the lot area requirements and schedule of allowances for two units with five bedrooms, the minimum lot area of 12,000 square feet is required. The existing lot area of 20,307.42 SF complies with the lot area requirements of Ordinance Section 52.29, Subd. 5 and 6. Multi family dwellings are required to have 4 spaces for athree-bedroom unit and 1.25 spaces for each additional bedroom per unit. Bedrooms greater than 140 SF of floor area are considered two bedrooms for computing the required parking. The two bedrooms on the third floor both measure more than 140 SF. 4 bedrooms = 5,25 spaces 3 bedrooms = 4 spaces 10 Spaces required for rentals Office use requires one parking space for every 250SF of floor area. First floor contains 3225 SF of floor area. 3225/250 = 13 spaces Twenty-three parking spaces are required for the proposed use. Twenty-one spaces are shown on the site plan including the detached accessory building containing four spaces. • Page 2 All parking stalls must be striped in conformance with Ordinance section 52.10 Subd.3 (f) and 52.10 Subd. 5 (m) The building complies with height and lot coverage requirements of Ordinance Section 52.30 Subd (6) and (8). Ordinance Section 52.30 Subd. 7 (a) states that before issuance of a building permit, all buildings being constructed in the Central Business District must have a landscape plan approved by the Planning Commission. No landscape plan has been submitted for review. Ordinance Section 52.30 Subd. 7 (b) states that before issuance of a building perrnit all buildings constructed or undergoing exterior renovation or remodeling in the Central Business District must have the exterior finish design and materials approved by the Planning Commission. The exterior is required to undergo a renovation and repair to eliminate the bad siding condition. The applicant has been working with the Downtown Committee on building finishes however no design has been submitted for review. The exterior stairway on the west side of the building from the second floor is attached to the adjacent building which is under separate ownership. An attachment agreement is required or redesign of the stairway is required to eliminate the attachment. A lock box must be installed on the building in compliance with Ordinance section 52.31 Subd 8(i) before final inspection. Complete building plans must be submitted for review and approval before building permit issuance. No signage plan was submitted for review. Insufficient plan details were provided to enable engineering review. Provide a drainage plan for engineering review. • Page 3 Memo To: Judy Weyrens City Administrator From: Ron Wasmund, Building Official CC: Date: 01 /12/06 Re: Percheron Properties, 31 Minnesota Street West Special Use Permit At the December Planning Commission meeting several items came up in discussion of the plans for the Percheron Properties as they were submitted for the speacial use permit. Among those that came up were designated parking spaces for the residential tenants; the ratio of floor area for uses on the main floor for commercial space to the floor area of the uses as residential on the upper floors as represented by dimensioned drawings; the structural attachment of the exit balcony on the west side of the building to the adjacent structure and the requirement for a drainage plan for the parking area. I have reviewed the materials submitted via a-mail on December 16 2005 by Dean Wick, Outsource Management Services for 31 Minnesota St. in response to the noted issues. The submittals consisted of a revised site plan showing which parking spaces are proposed to be reserved for renters, and dimensioned floor plans for each of the three floors. The site plan shows 21 parking spaces including the four spaces in the existing garage. Twenty-three parking spaces are required based upon the mix of uses proposed on this property. The proposed layout is two spaces short of the required number. Off Street Parking Ordinance 52.10 Subd. 4 states that the amount of required off street parking for existing buildings undergoing change within the Central Business District shall be determined by the Planning Commission with approval by the City Council. This determination shall be based upon anticipated demand, length of visit and availability of other parking in the Central Business District. Rental and office employee parking tends to be longer in nature than a mercantile occupancy. There is public parking off street within 350 feet of the site. • Page 1 The revised site plan shows the residential parking area on the north side of the proposed lot, including four spaces in the garage. The required number of rental parking spaces is ten. Ten are provided with the garage included. The garage must remain available for unencumbered residential tenant parking or the provided parking may be more than two spaces short of requirements. The parking surface will be paved with asphalt surfacing. All spaces must be striped. The revised site plan indicates the exterior stairway on the west side of the building will be supported by new structural columns. There will be no need for the attachment to the adjacent building. The stairway will be detached. The mixed use of business/professional offices and multiple residential dwelling units requires a special use permit. Ordinance Section 52.31 Subd. 3f allows mixed use of property in the CBD by Special Use Permit but only if at least 50% of the interior square footage (exclusive of basement or cellar) is used full time for a permitted use. I calculated the floor area of each floor with the information provided in the revised floor plans. I calculated approximately 3,425 square feet on the main level, 1,981 square feet on the second level and 980square feet on the third level. The second and third level total 2,961 square feet. The second and third floor are proposed as the residential portion of the project. The total area of the building calculated to be 6386 square feet. The ratio of the main floor to the total building calculates to be 54%. The permitted use is more than 50% of the building. The ordinance states the permitted use must be full time, implying that the commercial use must be occupied before the rental units are permitted. We have not received a grading plan nor a stormwater management plan. The applicant feels that there is no significant change in the grade of the parking lot. They will simply shape the existing crushed rock surface and overlay it with a bituminous surface. Therefore, it is their contention that a grading plan is not necessary. The applicant can apply for awaiver/exemption of the stormwater management plan if it is demonstrated that there is a decrease in the amount of impervious surface. The applicant claims that there will be a reduction of 2,662 square feet of impervious surface after the curb, bituminous surface and landscaping are installed thereby reducing the load on the City's stormwater system. No application for waiver has been received for review. Ordinance Section 52.31 Subd. 7b states that before issuance of a building permit all buildings undergoing exterior renovation or remodeling in the CBD must have the exterior design and material approved by the Planning Commission. The applicant wishes to wait on the new front facade until the Downtown Committee has set the style. They are planning to reside the balance of the exterior although no specific details have been provided. • Page 2 Findings The existing lot area of 20,307.42 SF complies with the lot area requirements of Ordinance Section 52.29, Subd. 5 and 6. To qualify for a Special Use Permit at least 50% of the interior square footage (exclusive of basement or cellar) must be used full time for a permitted use, and said permitted use and residential uses must not be conflicting. According to my calculations using the material provided the ratio of permitted to special uses does comply. The ordinance states the permitted use must be full time, implying that the commercial use must be occupied before the rental units are permitted. Twenty-three parking spaces are required for the proposed use. Twenty-one spaces are shown on the site plan including the detached accessory building containing four spaces. All parking stalls must be striped in conformance with Ordinance section 52.10 Subd.3 (f) and 52.10 Subd. 5 (m) The building complies with height and lot coverage requirements of Ordinance Section 52.30 Subd (6) and (8). Ordinance Section 52.30 Subd. 7 (b) states that before issuance of a building permit all buildings constructed or undergoing exterior renovation or remodeling in the Central Business District must have the exterior finish design and materials approved by the Planning Commission. The exterior is required to undergo a renovation and repair to eliminate the bad siding condition. The applicant has been working with the Downtown Committee on building finishes however no design has been submitted for review. The exterior stairway on the west side of the building from the second floor is attached to the adjacent building which is under separate ownership. The new plans show that new structural supports will be added allowing it to be structurally independent of the adjacent building. A lock box must be installed on the building in compliance with Ordinance Section 52.31 subd 8(i) before final inspection. Complete building plans must be submitted for review and approval before building permit issuance. No signage plan was submitted for review. Applicant wishes to apply for a waiver of the grading and stormwater management plan. • Page 3 November 15, 2006 Norman Cole Cole Group Architects 216 Park Ave South Suite 102 St Cloud, MN 56301 Dear Mr. Cole, We have received and reviewed the plans for the alterations to the building at 31 Minnesota Street W - St Joseph, MN. I have the following comments concerning these plans. Please respond in writing to these comments. 1. Provide a site plan showing the location of this building in relation to property lines. A site plan is required with all permit applications by MSBC 1300.0130 Subpart 4. 2. The proposed horizontal separation between the "B" occupancy and the "R-2'` lists 15 alternate floor assemblies. Provide which alternate will be used. 3. When a Horizontal occupancy separation is used the supporting construction must be protected to afford the same fire-resistance rating. Provide a listing for the bearing wall assemblies to give two (2) hour fire resistive rating. IBC 710.4 4. The occupancy separation required for this building will require the separation to extend to the common entry and stairway. Please provide details of the location and listing of the separation in this area. 5. An automatic sprinkler system shall be provided throughout all buildings with a group R-2 fire area where more than two stories in height, including basements. Provide a fire sprinkler design for this building. IBC 903.2.8 Cole Group Architects 216 Park Ave South Re: 31 Minnesota St November 15, 2006 6. The furring of a masonry chimney has requirements for clearance to combustibles based on the fuel by products being vented. Provide information on the products conveyed through this chimney. 7. The building must have an accessible access on an exterior accessible route. Provide details. 8. Provide details of the reception desks to show compliance to MSBC 1341 accessibility requirements for counters. 9. Provide an HVAC plan to show how heating and ventilation ducts will be distributed without penetrating horizontal or vertical separations. 10. The storage/file room is over 100 s.f. of incidental storage area. This must be separated from the area by one (1) hour fire barriers. IBC 302.1.1 Please respond to these comments as soon as possible. No permit will be processed without written response and submittal of requested information. Sincerely, Larry Wasmund Inspectron Inc Cc: Scott Brand City of St Joseph April 2, 2007 Brand Built Homes, Inc. 5879 County Road 136 St. Cloud, MN 56301 Inspectron received a permit application and plans from you for a project located at 31 Minnesota Street West in St. Joseph, Minnesota. The plans we received did not provide all the information we require to perform a complete plan review. After further discussion with you, we learned that you were not proceeding with the project until you had a specific tenant for the space. Inspectron is returning the documents you submitted. If you decide to proceed with the project, you will need to reapply for a permit and provide more complete plan information. Please contact our office at 651-322-6626 if you have any questions. Thank -you. Sincerely, Larry Wasmund Inspectron, Inc. ~\~ . ~1t~~ ~. ti 2006 - '(~( OF ST • ~OS~PH OFFICE of COUNTY RECORDER .. CI 3TEARNB COUNTY. MINNESOTA -- ~„# 119.1243 :.. ~'- -,~ _d Certified, Fled, andlor Recorded on = ~ rn pgr2g..~pp6 at 09:14 AM '' DIANE GRUNDHOEFER .. STEARNS COUNTY RECORDER CITY OF ST. JOSEPH DEVELOPER AGREEMENT and Y THIS AGREEMENT, made and entered into this ~ day of ~/v hereinafter called between Percheron Properties, a Minnesota limited liability company, "Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City" WITNESSETH: WHEREAS, the Developer is the owner of a certain real PBi cky9 Townsiter of StCJoseph which is legally described as Lot 8 and part of Lot 7, ~ " according to the plat thereof on file with the Stearns County, Minnesota Recorder (the Property ); and WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto; and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the Project; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED. AS FOLLOWS: 1.0 RE4UEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL 1.1 Reauesna oa D oval of the Developm Plan forDthe Prpoject to bekconst u t rd on grant fr pp the Property. 1.2 Conditions of Development Proval of the Development Plan subject to the ems hearing, has granted final app and conditions of this agreement. 1.3 Scope of Agreement: ThiAAeement does not obligate Developei~ to construc tthle . only to the Project. This g SCR ._..~ ._ of ~---5--- Project, but Developer must comply with the Agreement if it goes fonnrard .with the Project. If Developer elects or is unable to go forward withothose to the City a new not to rebuild the Project after a fire or casualty, it may p p project or development for the property, subject. to the regi lanioan tmannee to such development approvals, and the Agreement shall not app y Y anew. proposal 2,p RIGHT TO PROCEED The Developer may not grade or otherwise do(urb ate im rtovements, or any buildings, sewer lines, water lines, streets, utilities, public p P until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the escrow required in section 3.12 to secure performance of the Developer's landscaping obligations has been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures shall be sited and constructed on the Property as shown on the Development Plan prepared by Outsource Management referred to in Exhibit A (hereinafter the "Development Plan"), subject to the provisions of this agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. 3,2 BUILDING STRUCTURE: The building structure and all appurtenances must be maintained structurally independent of adjacent buildings on separately described parcels. As a mixed use the structure must be maintained in compliance with the St. Joseph Zoning Ordinances for licensure as rental property. 3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. 3.4 SITE PREPARATION: The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary. 3.5 BUI,LDIN.G. ELEVATION: The proposed building(s) wilt .not exceed the building elevations shown on the Development Plan. 3.6 BUILDING EXTERIOR: The building exterior shall consist of the following: Siding, EFTS and Cornice materials that provide weather barriers required by Minnesota State Building Code. Such materials must be able to be maintained in compliance with St. Joseph Zoning Ordinance Section 55. The building exterior must comply with the plan approved by St. Joseph Planning Commission or better. 3.7 INGRESS/EGRESS: Vehicular access to the Property shall be as shown on the Development Plan as referred to in Exhibit A. SCR a of t ~ - 3.8 SIGNAGE: The Developer must provide detailed site plans for the construction of any signage and the sign must meet the all the requirements of the St Josegh Zonina Ordinance. 3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line. 3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least 21 off street parking spaces based upon the mixed uses of the property. The parking lot must meet the standards outlined in St Joseph Code of Ordinances 52.10 subd. 5 and further resident parking must be designated and marked as shown on Exhibit A. 3.11 GRADING/DRAINAGE: The final drainage plans must be approved by both the City Engineer and the County Engineer. 3.12 LANDSCAPING/FENCING/SCREENING: The Development will include landscaping to include trees and grass as shown on Exhibit A. 3.13 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer with all plans approved before application for a building permit. 3.14 SIDEWALKS: The Developer must extend the sidewalk along 1`~ Avenue NW to match the existing sidewalks. 3.15 ADDITIONAL REQUIREMENTS: The maximum rental occupancy shall be limited to 10 and a rental license shall be secured each year as required by St. Josegh Code of Ordinances 55. The exterior exit stairways shall be maintained free of snow, and ice and any other elements that could impede or hamper escape or rescue from the floors above ground level. All stairways shall be maintained structurally independent of buildings located on adjacent properties with different legal description from subject property. 3.16 NPDES/CITY OF ST. JOSEPH SWPPP: At the time of application for a building permit, a completed storm water application must be submitted and before work can begin, a copy of the MPCA permit must be submitted to the City and must be posted at the job site. Per the developer, the impervious square footage has been reduced by 2,662 square feet. 3.17 FIRE/SAFETY REQUIREMENTS: Project must be constructed to comply with City Code and IBC Automated Fire Suppression requirements. 3.18 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be issued for this Property until the Developer has signed and returned this Development Agreement and submitted any additional information as directed by the City Engineer. 3.19 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City building codes. 3.20 CONSTRUCTION SCHEDULE: The Developer shall apply for ~ wuthin the onert within one year of the execution of this agreement. Failure to app y year period shall render this agreement null and void. The improvements shall be SCR=of; substantially completed by.the first (1st) anniversa and tno tlatert thanulthegsecond for the Project has been issued to Developer, anniversary of the execution of this agreement, subject to Ire shortagles beyond t e delays due to force majuere causes and material supp y control of Developer (the "Completion Date"). 4.0 GENERAL TERMS AND CONDITIONS 4.1 Title. The Developer hereby warrants and represents to the City, that Developer's interest in the Development is fee owner. 4.2 Bindin Effect on Parties andu Soon cand raccrue for the abenefitvof the °he rs, Agreement shall be binding p representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developa~ the optioneof the than one, shall mean each and an of them. This Agreement, City, shall be placed onnces of all or anytpart'of the tProperty and/or P oject and purchasers and encumbra all recording fees shall be paid by the Developer. If the Property and Project are sold or conveyed to a third party, and the third party, in a writing satisfactory to the City, takes and assignment of, and agrees to assume the obligations of the Developer under, this Agreement, the prior owner/transfer will, from and after the effective date of the' assignment and assumption, be released from any further obligations under this Agreement; provided however, that in no event will Percheron Properties be released from its obligations under this Agreement prior to the City's issuance of a certificate of occupancy for the Project. 4.3 Notice. Any noticee del vetred personatlly oromailedvby United States mail to tthle Agreement shall addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows. If to the City at: City Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374 If to the Developer at: Percheron Properties 400 Meyer Avenue Albany, NIN X6307 4.4 Incor_ ratified in attachedv Exh b t Acare inclorporat d byerefe ence tint h s documents ide Agreement. 4.5 License to Enter Land. The Developer hereby grants the City, i~o a rfo~m employees, officers and one a e° by athe City tdunng r the development of the inspections deemed app p Property. 4.6 Certificate of Co halvenfu I Therformed all tofh is duties and obl'gatiolns under th s Developer shall Y P Agreement. Upon the written request of the Developer and upon the adoption of a SCR. '~._of ~d resolution by the City Council finding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City .and appropriate certificate of compliance. The Certificate of Compliance shall be in recordable form and shall constitute prima facie evidence that the Developer has performed its duties and obligations under this Agreement: 4.7 Assignment. At any time before a Certificate of Compliance has been issued, this Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 4.8 Integration. This Agreement contains all of the understandings and agreements between the parties. This agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 4.9 Execution in Counterparts. This Agreement may not be executed in any number of counterparts, each of which shall constitute one and the same Instrument. 4.10 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 4.11 Representation. Rajkowski Hansmeier Ltd. Represents the City with regard to this Agreement. Developer is hereby advised to seek, and has consulted, an independent legal advisor prior to the execution of this Agreement. 4.12 Additional Terms. The following additional terms are being made a part of this Development Agreement to ~ continue in force and effect as though they were dedications of the CIC Plat, unless according to their terms are intended to terminate earlier: 5.0 DEFAULT AND REMEDIES 5.1 Default. Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement 5.2 Right to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 5.3 Remedies. if an event of defaul# is not cured by the Developer within -the applicable cure period, the City may do any, all or any combination of the following: a build ngfperm is oPocculpan ey permits slat ng to the Development Property; b. seek injunctive relief; c. take any other action at law or in equity, which may be available to the City. Signed and executed by the parties hereto on this t~~day of K'~ , 20ofi. SC][t g ._ off' LO ATTEST J dy eyr s ity dmi istrator CITY OF ST. JO EPH ~ C By ; " hard Carl om Mayor DEVELOPER ~~ Name edt °~ ~.~! Title ~Ce 1p~cs ~ ti1'~' STATE OF MINNESOTA 1 )ss COUNTY OF STEARNS 1 ~~ da of ~~ ~ ~ , 2006, before me, a notary public within and for On this Y said County, personally appeared Richard Carlbom and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. St~.r~h ~~~~ Notary Public STATE OF MINNESOTA ) )ss COUNTY OF STEARNS On this ~ day of G ~c ~ , 206 before me, notary public within and for /~ ,~~ o , to rr>~ .personally nown, said County, personally appeared ~ -{~/ who, being by me duly sworn, did say that he/she is the ~~i~ psr cf~•~, of and that Percheron Properties, the limited liability company named in the foregoing instrument, saich instrument was fsigned and ~ealed on behal a kn wledaed said instrument rto be the free act and deeaVOt saga company. to Publ' D TED BY: Rajkowski Hansmeier PO Box 1433 St. Cloud MN 55302 i,~'.'~' JUDY ANN WEYRENS '' NOTARY PUBLIC -MINNESOTA My Commission ExpKes Jan. 31, 2010 ~Cht = of l D SARAH BIALKE NOTARY PUBLIC -MINNESOTA ,Kr. 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