2002-05-10 CUP Casey's General Store `,�
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CONDITIONAL U5E AGREEMENT
Casey's General Store
THIS AGREEMENT, entered into this �day of �l � , 2002 by and
between Casey's General Store, Inc. refeired to herein as "Developer' ; and the CITY OF
ALBERTVILLE, County of Wright, State of Minnesota, hereinafter refe�-�-ed to as "City";
WI1'NESSETH:
WHEREAS, Developer is the fee ownei� and developer of a parcel of land
("Property") legally described as follows:
� Lot l, Block 1, Parkside Commercial Park, City of Albertville, Wright County,
Minnesota;
upon which parcel of land Developer has applied to the City for a Condirional Use Permit
(CUP) for the purposes of allowing gasoline sales. Said CUP is the subject of this agreement;
and
WHEREAS, the City has granted Developer's CUP request contingent upon
completion and continuing compliance with certain City requirements inciuding, but not
limited to, matters set forth herein; and
WHEREAS, the City fiuther requires that certain site improvements be installed by
the Developer within and about the Property, and that the Developer at all rimes comply with
certain other i�estricrions related to the use of said Property as detailed in this ag-reement; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties conceining the use of the Property;
, �
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,
in consideration of the issuance of the City's CUP, Developer agrees as follows:
1, S''nnditinnal TTse Permiti Developer is hereby granted a Conditional Use Pernut to
allow the Developer to sell gasoline on the Property, provided the following
requirements are met on a continuing basis:
A. The business shall not be open fi-om 11 p.m. to 6 a.m.
B. Developer shall install a sidewalk on the north side of 57t" street from Wright
County Highway 19 to Kalland Avenue. The sidewalk must be approved by
the City's Engineer as to design and location.
C. Developer shall install a concrete median in the centei- of 57'�' Sh-eet from
Wright County Highway 19 to a point just west of the easterly enh�ance from
57`�' Street to the Property as showYi on the attached Exhibit A. The median
must meet the approval of the City Engineer as to installarion.
2, nPvelnp,er's Fxnense_ Installation of all site improvements 1-equu�ed by this agreement
shall be at the sole expense of the Developer.
3. i.imited Annrnv�l_ This a��eement and the issuance of the Condirional Use Pennit
which is the subject of this a�-eement in no way constitutes approval of anythin� other
than that specified within this agreement.
4. ne.vPlnTer tn C'�nl� with ('itv Ordinancec_ Developer shall at all times comply
with all City ordinances applicable to the Property and the business operations
conducted on the Property.
5. C'.nnctrLctinn and installatinn nf Site imprnvements_ The Developer shall construct
the site improvements detaiied on the attacned �xhibii A, in subszantiaiiy the same
size, shape, location and of substanrially the same materials as shown on the attached
Exhibit A. Said 'unprovements shall Ue installed by August 31, 2002 at the sole
expense of the Developer.
6. Ahandnnment nf Prn�ect - ("nstc and F,x en "nses. In the event Developer should
abandon the proposed development of the Subject Properiy, the City's costs and
expenses related to attorney's fees, professional review, drafting of this Agi-eement,
and any other expenses undertaken in reliance upon Developer's various assertions
shall be paid by said Developer within thirty (30) days aftei- receipt of a bill for such
costs fi•om the City. In addirion, in the event the Developer abandons the project, in
whole or in part, ceases substantial field work for more than nine (9) months prior to
completion of a11 Site Improvements, or fails to provide sufficient ground-cover to
prevent continuing soil erosion from the Property, Developer agrees to pay all costs
the city may incur in taking whatever action is reasonably necessary to provide
ground-cover and otherwise restore Said Property to the point where undeveloped
grounds are level and covered with peimanent vegetation sufficient to prevent
continuing soil erosion from Said Property. In the event that said costs are not paid,
the City may withdraw funds from any of the above-mentioned escrow funds for the
purpose of paying the costs referred to in this paragraph.
7. DevPlnner Tn Pa� rit,��'c ('nsts and F.xpencec_ It is understood and agreed that the
Developer will reimburse the City for all adminisirative, legal, and professional costs
incurred in the creation, administration, or execution of this A��eement as well as all
costs incurred by the City in processing Said Property. Should the Developer fail to
pay said costs within 30 days of request by the City, the City may reimbiu-se itself
from the Developer's letter of credit and/or may assess said costs against the Subject
Property.
$. Maintain Puhlic Prn�ertv��d nr ('luttered nuring C'nnstructinn_ Developer
agrees to assume full financial responsibility for any damage which may occw� to
public property including but not limited to sh�eets, sh�eet sub- base, base, bituminous
surface, curb, utility system including but not limited to wateimaul, sanitary sewer or
stortn sewer when said damage occurs as a result of the acrivity which takes place
during the development of the Property. The Developer fiu-ther a��ees to pay all costs
required to repair the streets, urility systems and other puUlic property damaged or
cluttered with debris when occurring as a direct or indu�ect i-esult of the const�uction
that talces place in Said Plat.
If required by the City, Developer agrees to clean, on a daily basis, the sh�eets
upon which dirt or debris from the development of the Property become deposited.
Developer furtlier agrees that any damage to pu'�lic pro�erty accun-ing as a �esult
of construction activity on Said Plat will be repaired immediately upon written
notification if deemed to be an emergency by the City. Developer fui-ther� agrees
that any damage to public property as a result of consh�uction activity on Said Plat
will be repaired within a reasonable time after written notification if not deemed to
be an emergency by the City.
If Developer fails to so clean the streets or repau� or maintain said public property, the
City may undeitake making or causing it to be cleaned up, repaired or maintained.
When the City undertakes such acrivity, the Developer shall reimburse the City for all
of its expenses within thirty (30) days of its billing to the Developer. If the Developer
fails to pay said bill within thirty (30) days, then the City may specially assess such
costs against the lots within Said Plat andJor take necessary legal action to recover
such costs and the Developer agrees that the City shall be enritled to attorneys fees
incurred by the City as a result of such legal action. Developer knowingly and
voluntarily waives a11 rights to appeal said special assessments under Mulnesota
Statutes section 429.081.
9. Tpm nn rar-�,F.acement R�ghtc. Developer shall provide access to the Subject Property
at a11 reasonable times to the City or its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this agreement.
10. Miccellanen�c_
A. Developer a��ees that all items requu�ed to be const�ucted under this agreement
are items for which Developer is responsible for completing and all work shall
be done at Developer's expense.
B. If any portion, section, subsecrion, sentence, clause, para��aph or pllrase of this
Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Cont��act.
C. The acrion or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Conh-act. To be Uinding, amendments oi-waivers sliall Ue
in writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this
Contract shall not be a deemed a waiver or release of any Ciry rights under this
agreement.
D. This Contract shall run with the land and may be recorded against the ritle to
the property.
11. Vinlatinn nf Agreement. Should Developer breach of any of the te�ms of this
Contract in such a manner that the City believes merits i-evocation of the Conditional
Use Peimit �-anted under this a��eement, tlie City shall give Developei- seveil (7) days
mailed notice of City's intent to revoke said Peimit, and if such default is not c�u-ed
within said seven (7) day period, the City may hold a revocation hearing to deteimine
whether said Peimit should be revoked. If Developer fails to coirect said Ureach Uy
the time the revocation hearing is held, the City may revoke said Condirional Use
Permit if it reasonably fmds that said breach wan-ants revocation. If Developer
remedies said breach after the expit•ation of the seven day period Uut befoi-e said
revocation hearing is completed, Developer shall pay all City expenses (including, but
not limited to planner's, engineer's, attorney's and other professional fees)related to the
breach and revocation hearing.
12. Iadetnui�. Developer shall hold the City and its officers and employees haimless
from claims made by Developer andlor third parties for damages sustained or costs
incurred resulting from the granting of the Conditional Use Permit and/or development
of Said Property. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees. Thu�d parties sha11 have no
recourse against the City under this contract.
13. A tnrnP��,�. The Developer will pa_y all reasonable attoiney's fees incwred by
the City and as fixed by the Court in the event a suit or action is brought to enforce the
terms of this Agreement, provided the City prevails in its action in Court.
14. Nntificatinn infnrmatinn_ Any nohCes to the parties herein shall be iii writing,
delivered by hand (to the City Clerk for the City) or registered mail (addressed as
follows) to the following parties:
City of Albei�tville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Casey's General Store, Inc.
C/o Scott Creutzmann
P.O. Box 3001
One South East Convenience Boulevard
Ankeny, IA 50021-8045
Telepi�one (�15) 90�-6195
Faac (515) 965-6160
15. AureemPnt F.ffect_ Thts agreement shall be binding upon and extend to the
representatives, heu-s, successors and assigns of the pai�ies hereto.
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CITY OF ALBERTVILLE, ,
_ �
��son, Mayor
Linda Goeb, City Adminish-ator
CASEY'S GENERAL S 1'ORE, INC.
By Ronald M. Lamb
ItS President and CEO
STATE OF MINNESOTA ) B John . Harmon
Its Secretary/Treasurer
� SS.
COUNTY OF WRIGHT )
The oregoing instiwnent was acknowledged before me this �S� day of
, 2002, by John Olson, as Mayor of the City of Albertville, a Minnesota
m cipal corporation, on behalf of the city and pursuant to the authoi7ty of the City Council.
r
A,���4b'i!!�s^�'3'a'�t7.?:9^d4�rL"a%s=a
���'Y�a t�IICHA�L C. COU9i � Notary Public
� NOTARY PUBLIC-MINNESOTA
��.,s,� My Comm.Exp.Jan.3i,2005
�s�s,�2
STATE OF NIINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ,2�2� day of
/�7� , 2002, by Linda Goeb, as City Administrator of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
�d��.�e�:�=:�ar�t��s���� �������C�l���b�
�`'�"���ti�a MICHA�L�. C�3URi �
��� NOTARY PU6LIC-MINNES07A� Notary Public
�
'�,�.� My Comm. Exp.Jar,.31,2005�,
���
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing inst�rrument was acknowledged before me this � O�'� day of
May , 2QQ2 by Ronald Ai. Lamb � � President and CEO Of
Casey's General Store� I.��.
��� C� �.�
R��J r� ��. ��� Notary Public
This Document Drafted by: s�. BETH A.AGAN
_°�� Commission Number 170166
My Commission Expires
aw� July 8,2fl02
Michael C. Couri
Couri& Ma.cArthur Law Office
705 Central Ave. E.
P.O. Box 369
St. Michael, MN 55376
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ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
COUNTY OF POLK )
On this�day of May, 2002, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John G. Harmon, to me personally known,
who being by me duly sworn, did say that he is the Secretary-Treasurer, respectively, of
Casey's General Stores, Inc., the corporation executing the within and foregoing
instrument; that the seal afftxed thereto is the seal of the corporation; that the instrument
was si�ned and sealed on behalf of the corporation by authority of its Board of Directors;
and that John G. Harmon as an officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the corporation, by it and by him
voluntarily executed.
���. � -,���
Notary Public in and for said
County and State
, BETH A.AGAN
���� Commission Number 170166
My Commission Expires
ow� �uly 8,2002
`794622
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PLaS�G�:O�-0�5d-G� I 7L:- �03-0?-01
EXHIBIT
D '794622
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6/13/02 WRIGHT COUNTY RECORDER RC�101
15 � 47 � 57 ENTRY/MAINTENANCE ABSTRACT
** LOTS AND BLOCKS **
Document# A 794622
Add � Blk : 1 From Lot : 1 To Lot : Other Lot : Plat �
Parcel Id : Comments �
Sel � C=Change Comment D=Delete Line E=Edit/View Parcels
Line Other
Sel Nbr Blk Lot Lot Parcel ID Comments
Pos Plat#-Title
1232 PARKSIDE COMMERCIAL CENTER
1003 PARKSIDE FOURTH ADDITION
��181 FARKSIDE f1E/�DOI�S
1258 PARKSIDE MEADOWS SECOND ADDITION
1259 PARKSIDE MEADOWS THIRD ADDITION
F3=Exit F6=by Plat # Pos=letter (Plat Desc) Enter