HomeMy WebLinkAbout2017-10-23 PACKET 06.2.STAFF REPORT CASE: CUP17-031, SP1 7-0329 V17-033
ITEM: 6.2
PUBLIC MEETING DATE: 10/23/17 TENTATIVE COUNCIL REVIEW DATE: 11/15/17
APPLICATION
APPLICANT: Park Place Storage
REQUEST: Variances to City Code Title 11-6-5, Landscaping Requirements; Title
11-6-13, Architecture; and Title 11-10D-7, Self Storage Facilities; and site
plan review and conditional use permit to allow approximately 237,778
square feet of storage condominiums.
SITE DATA
ZONING:
GUIDED LAND USE:
7552 West Point Douglas Road South
B-2, Retail Business
Commercial
LAND USE OF ADJACENT PROPERTIES: CURRENT
NORTH: Highway 61
EAST: Residential
SOUTH: Railroad
WEST: Metro Transit Park &Ride
SIZE: Parcel = 12.94 acres
Storage Condominiums = 237,778 square feet total
DENSITY:
RECOMMENDATION
GUIDED
Commercial
Commercial
Industrial
Commercial
Approval, based on the findings of fact and subject to the conditions
stipulated in this staff report.
Cottage COTTAGE GROVE PLANNING DIVISION
Grove
1115e1e Pride and PrpzperltY Meet
Planning Staff Contact: John McCool, Senior Planner, 651-458-2874, 0mccoolC�cottage-grove. org
Application Accepted: 9/27/17 60 -Day Review Deadline: 1/24/18
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Proposal
Park Place Storage is re -applying for the following planning applications:
1. A variance to Title 11-6-5, Landscaping Requirements, to reduce the required minimum num-
ber of overstory deciduous trees from 131 to 17, reduce the required minimum number of
coniferous trees from 122 to 13, and reduce the required minimum number of large and small
shrubs from 564 to 527.
2. A variance to Title 11-6-13, Architecture, to reduce the amount of Class 1 exterior building ma-
terials from the required minimum of 65 percent to approximately 17.7 percent and increasing
the amount of Class 4 materials from a 10 percent maximum to approximately 82.3 percent.
3. A variance to Title 11-10D-7, Self -Storage Facilities, which requires self -storage facilities to be
a minimum of 300 feet from any residential use and/or residential zoning district. The distance
between the residential dwelling located southeast of the proposed developing site and the
closest storage building is approximately 150 feet.
4. A site plan and conditional use permit for the construction of five commercial structures with a
cumulative gross floor area of approximately 237,778 square feet and ancillary site improve-
ments to be located at 7552 West Point Douglas Road.
The developer is proposing to develop a 12.94 -acre vacant commercial parcel located at 7552
West Point Douglas Road, which is located between West Point Douglas Road and the Soo Line
Railroad track southeast of the Metro Transit Park and Ride facility. The project consists of con-
structing five self -storage structures with a cumulative gross floor area of 237,778 square feet.
Construction of the buildings will be
e. .,ten, �I f r•,
phased, depending on sales for individual
condominium storage units that range be- f -`�+=. j F �• ,,.
tween 300 to 15,000 square feet. The units ;–��,�s •,m �,;,��;�5,�s , � •._
will be owned by individuals that will be
art of an overall association that main-
tains
r'6
p a " c � �s►kgc P i s �" i 33, • t � ` � "rr3Fl.
tains all the common areas on the site and;
operations (e.g.; snow removal, lawn and �� � ,�.����; •, `�.�, ��.,:. � ��. y :_�`_
landscaping care security cameras etc.).�.K�-mays PROPOSED PARK PLACE STORAGE'
� - , ,� 7552 WEST POINT DOUGLAS ROAD -
The total number of units depends on the . xr g y� r` ;:ay"_
amount or size each individual ownerur-
p t
chases within the building, The location
g D ago ,,
ma is shown at right: —� 1Feet`'
This project was intitally reviewed and approved by the City in December 2014. City ordinance
stipulates that if the variance, site plan, and/or conditional use permit application are not made
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 2 of 19
use of within one year of City Council approval, said applications expire. The applicant is request-
ing the City's approval for the same development plans as originally approved in December 2014.
Review Process
Application Received: September 27, 2017
Acceptance of Completed Application: October 2, 2017
Planning Commission Public Hearing: October 23, 2017
Tentative City Council Date: November 15, 2017
60 -day Review Deadline: November 25, 2017
Planning Considerations
Ordinance Criteria
The proposed condominium storage facility is zoned Retail Business (B-2). This zoning classifi-
cation is consistent with the commercial land use designation shown on the Future Land Use Map
of the City's Future Vision 2030 Comprehensive Plan, adopted on March 2, 2011. The proposed
storage facility is permitted as a conditional use in the B-2 District.
The City's Zoning Ordinance requires site plan approval for new structures and major additions to
existing structures. The purpose of the site plan review is to ensure that new development con-
forms to the City's development standards and ordinance regulations.
All the minimum building setbacks and maximum building height regulations are met. Exterior
building materials for commercial buildings are required to use three different Class 1 materials
and composed of a least 65 percent of Class 1 materials and not more than 10 percent of Class 4
materials. Class I materials include copper panels, fired clay face brick, natural stone, transparent
glass, or other comparable or superior materials. Class 4 materials are ceramic, glass block,
industrial grade concrete precast panels, smooth concrete block, smooth scored concrete block,
steel or aluminum siding, and wood.
City Code Title 11, Chapter 2, Administration and Enforcement (Title 11-2-4(F), Expiration of
Approval), states that site plan approval shall expire one year after it has been issued, unless
construction of the use for which the permit was granted has begun. Title 11-2-7(H), Termination,
Invalidity of Variance, states that a variance shall become invalid one year after it was granted,
unless made use of within the year or such longer period prescribed by the Council. Title 11-2-
9(H), Expiration of Permit, states that a conditional use permit shall become void one year after it
was granted, unless made use of within the year, or such longer period as the City Council may
provide.
Site Characteristics
The 12.94 -acre vacant commercial parcel was formerly the site of the Four Seasons Golf Dome
and Par 3 Golf Course. The golf dome structure was removed many years ago and the majority of
the trees that existed on the site were removed earlier this year. The site is relatively flat with ap-
proximately 723 feet of frontage along West Point Douglas Road. The depth of the parcel is
approximately 585 feet.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 3 of 19
A windrow of deciduous trees are aligned along the southeast property boundary line. The Soo
Line Railroad Co. railroad tracks parallel the rear property line. The Metro Park and Ride facility
abuts the northerly property boundary line of the subject site, and a residential acreage is south of
the proposed development site.
A 2017 aerial ahoto of the site is shown below.
Landscaping
The total impervious surface area for the proposed storage facility site is approximately 420,252
square feet (9.65 acres) or approximately 75 percent of the 12.94 -acre site. The remaining green/
open space is approximately 3.3 acres (25 percent of the site). The north side yard and rear yard
is ten feet wide. The majority of the open space is along the southerly boundary line where a
stormwater basin and snow storage areas are proposed. The front yard setback averages ap-
proximately 36 feet (minimum front yard setback is 30 feet). Because there is so much impervious
surface and a large stormwater basin in the southwest corner of the site, the amount of green
space remaining for landscaping is significantly limited. Minimum landscaping regulations require
more plant quantities than what the available green space can reasonably accommodate. For the
City's consideration, an alternative compliance to the minimum landscaping standards for this
type of commercial use is a cash payment to the City in lieu of planting all the trees and shrubs.
This payment would be deposited into the City's landscaping initiative account for future public
landscaping improvements in this vicinity of the community. If this idea is acceptable, a variance
to ordinance regulations will not be necessary. City staff would not support a variance to substan-
tially reduce plant quantities without cash payment to the City that is equivalent to the unit prices
for those plant species that are not planted.
A summary of the ordinance requirements for landscaping and the developer's proposal for land-
scaping is compared in the table below:
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 4 of 19
Required Plantings
Required Minimum Quantities
Proposed Quantities
Overstory Deciduous Trees
131
17
Coniferous Trees
122
13
Large Shrubs
282
109
Small Shrubs
282
418
Because the tree and shrub quantities are deficient from minimum ordinance regulations, it is
recommended that the developer pay $61,629.00 to the City. This payment will be deposited into
the City's landscaping initiative account for future public landscaping improvements in this vicinity.
The developer is requesting that this payment in lieu of landscaping not be required.
The table below is a breakdown of the estimated landscaping costs for the deficit number of
plantings.
Required Plantings
Quantity
Price Per Plant
Payment to City
Overstory Deciduous Trees (2.5 inch
trunk caliper)
114
$278
$31,692
Coniferous Trees (6 foot)
109
$255
$27,795
Large and Small Shrubs (12-36 inch
height)
37
$21
$777
Additional Landscape along Major
Collector (overstory deciduous trees)
15
$278
$4,170
Additional Landscape along Major
Collector (coniferous trees)
15
$255
$3,825
Sub -total
$68,259
Quantity Credits (proposed 20 -foot tall
coniferous trees)
26
$255
$6,630
Total
$61,629
There is a city watermain along the northerly property line that extends from West Point Douglas
Road to the northwest corner of the proposed development site. The developer proposes to plant
109 spartan junipers along this boundary line to screen the storage condominium facility from the
Park and Ride facility. The Public Works Department is agreeable to allow these conifer shrubs
over the watermain with the understanding that if the watermain needed to be repaired, main-
tained, or replaced, the Park Place Storage Condominium ownership will be responsible for re-
placing the fence and plantings. Photographs of that area adjoining the Park and Ride facility are
shown below.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 5 of 19
Boundary between proposed site and Park & Ride Facility
Photograph from Park & Ride site looking south
In the southeast corner of the proposed development site, the applicant proposes to grade a five-
foot high earth berm and plant 13 conifer trees and a variety of shrubs with varying heights of 12
inches, 24 inches, and 36 inches. The combination of the earth berm, coniferous trees, and de-
ciduous shrubs in this corner of the site is intended to mitigate views of the storage facility from
the adjoining residential dwelling.
The photograph below shows the existing plant materials that will be south of the proposed Build-
ing A and five-foot tall earth berm.
Photograph of existing trees north of neighboring residential dwelling
Tree Mitigation
City ordinance allows new commercial development to remove up to 30 percent of existing trees
without mitigation. For this 13 -acre site, the property owner removed approximately 20 qualifying
trees in the spring of this year. Tree removal was done without the preparation of a tree inventory,
so city staff visited the site to document the number of trees that were removed. There are still
qualifying trees that remain standing on the site, but will be removed with this development plan.
A letter was sent last spring to the property owner informing them of City ordinance regulations
concerning tree removal and tree mitigation requirements.
Because the proposed project will require all the trees on the site to be removed, the property
owner must mitigate the tree loss by either replanting or paying cash in lieu of replacement to the
City. Since the developer is already not planting all the required quantities for landscaping, it is
required that a cash payment is made to the City.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 6 of 19
The City is accepting of the idea that the 20 trees removed from the site last summer was done to
prepare the site for farming. The part of the property was tilled as agricultural uses are permitted
in commercial districts. For this reason, tree mitigation will not be required for the 20 trees.
The table below summarizes the tree inventory and the estimated tree mitigation:
In addition to the payment to the City for the landscaping in lieu of planting all the required trees
and shrubs, the developer is required to make payment to the City for tree mitigation since the
developer has removed more than the 30 percent of the trees allowed by City ordinance. City
staff is suggesting that these payments be made to the City on a per building square foot basis.
Because the size and quantity of storage building that will be constructed with each phase is not
known, the mitigation payment will be determined with each building permit application, which
shows the total building square footage for that phase.
The total building square footage for this project is 237,778. The deficit landscaping amount is
$61,629 and tree mitigation is $19,092 for a total of $80,721. This equates to $0.34 per square
foot of 237,778 square feet total gross floor area. The $0.34 rate per square foot will be applied at
time of building permit issuance.
Fencing/Gate
The developer is proposing to erect a security fence around the perimeter of the site. The fence
will be either six or eight feet in height. The City is requiring that if a fence is constructed, its de-
sign and materials must match the specifications of a Montage commercial Majestic 3/4 — rail
fence. This type of fencing is used by other commercial properties within the Gateway Districts.
Examples of this type of fence is shown below.
Estimated
30%
Qualifying
No. of
Trees,
No. of
Net
Removal
Net Number
Tree
Total Number
Tree
Tree
Including
Trees
No.
of the Net
of Trees
Replacement
of Trees
Price Per
Mitigation
Removed
Trees
Removed
of
No. of
Requiring
Ratio
Required for
Tree
Fee
Trees
Trees
Mitigation
(Category B)
Replacement
Already
Permitted
Removed
Coniferous
tree
17
5
12
4
8
2
16
$255/tree
$4,080
12'-24'
6 -ft. height
height
Softwood
$278/tree
Deciduous
53
15
38
11
27
2
54
2.5 -in. trunk
$15,012
12" — 24"
diameter
trunk dia.
Total
70
20
50
15
35
70
$19,092
In addition to the payment to the City for the landscaping in lieu of planting all the required trees
and shrubs, the developer is required to make payment to the City for tree mitigation since the
developer has removed more than the 30 percent of the trees allowed by City ordinance. City
staff is suggesting that these payments be made to the City on a per building square foot basis.
Because the size and quantity of storage building that will be constructed with each phase is not
known, the mitigation payment will be determined with each building permit application, which
shows the total building square footage for that phase.
The total building square footage for this project is 237,778. The deficit landscaping amount is
$61,629 and tree mitigation is $19,092 for a total of $80,721. This equates to $0.34 per square
foot of 237,778 square feet total gross floor area. The $0.34 rate per square foot will be applied at
time of building permit issuance.
Fencing/Gate
The developer is proposing to erect a security fence around the perimeter of the site. The fence
will be either six or eight feet in height. The City is requiring that if a fence is constructed, its de-
sign and materials must match the specifications of a Montage commercial Majestic 3/4 — rail
fence. This type of fencing is used by other commercial properties within the Gateway Districts.
Examples of this type of fence is shown below.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 7 of 19
Fencing material and design within the Gateway District
This type of fence is typically constructed of aluminum or galvanized steel tubular materials that
are held together by welding the metal pieces together. The fence materials are pre-treatment/
wash followed by an application of epoxy primer, which enhances corrosion protection. An acrylic
black -colored paint to protect it from adverse weather effects is the final finish. The fencing might
be installed as each building construction phase is completed.
Only one access drive is proposed for this project. It is located in the same general vicinity as the
existing driveway. The new driveway is proposed to be 30 feet wide with a 20 -foot radius on each
side of the drive as it ties in with the curbing along West Point Douglas Road. A security gate is
proposed at the entrance of the property. This gated entrance will be approximately 34 feet from
the West Point Douglas Road roadway edge. This spacing will only allow one vehicle to park in
front of the gate before the gate can be opened to allow passage into the site. Details of the
gate's construction materials has not yet been designed. A chain link fence with or without vinyl
slats is prohibited. An illustration of the building's front wall and gated entrance is shown below.
Proposed Gated Entrance
Architecture
The five storage structures range from the smallest building (Building E) with 24,940 square feet to
the largest (Building C) with 64,800 square feet. The table below summarizes the height, dimen-
sions, and square footage for each building:
Planning Staff Report —Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 8 of 19
Building
Building Height
Building Dimensions
Gross Floor Area
Building A
20 ft. (approx.)
50 ft. x 594 ft.
29,828 sq. ft.
Building B
16 ft. — 17.5 ft.
90 ft. x 605 ft.
56,610 sq. ft.
Building C
16 ft. —17.5 ft.
90 ft. x 720 ft.
64,800 sq. ft.
Building D
16 ft. — 17.5 ft.
80 ft. x 770 ft.
61,600 sq. ft.
Building E
16 ft. — 17.5 ft.
30 ft. x 831 ft.
24,940 sq. ft.
Total
-
-
237,778 sq. ft.
All the buildings parallel West Point Douglas Road. Building A is closest to the frontage road and is
the tallest building (20 -foot height) of the five proposed structures. The other storage buildings will
be 16 to 17.5 feet in height. The exterior materials facing West Point Douglas Road for this structure
is precast concrete panels. Building A is proposed to have a variety of panel textures, colors, and
design to enhance its appearance from public roadways. This design includes four 1 -foot by 30 -foot
wall extensions forward from the main structure to provide a change in the wall plane, texture, and
masonry patterns that will divide the 594 -foot wall length into scaled proportions. These extensions
will also be approximately two feet above the main roof height to provide a varying roof -line. Win-
dows are also proposed along the upper elevation of Building A's exterior wall with a horizontal
metal panel canopy facing the public roadways. This design generally complies with the architecture
requirements.
The proposed concrete panels facing the public roadways for Building A could be considered a com-
parable material with the Class 1 general design objectives. This would only be supported as long
as the concrete panels are not a "raked" texture and the color pigments are impregnated throughout
the entire concrete panel. The insulated structural metal panels for the west side of Building A and
the other four buildings interior to the site are not compliant with the commercial architecture require-
ment that a minimum of 65 percent of the building's exterior materials consist of Class 1 materials.
The total square footage for the exterior wall areas on all five buildings is approximately 133,506
square feet. The front wall and the two end walls of Building A represents approximately 54 percent
of Class 1 materials and approximately 10.4 percent for all of the 133,496 square foot total wall
areas. If the end walls for the other four buildings are constructed with Class 1 materials, then the
total wall area comprised of Class 1 materials is approximately 17.7 percent. Class 1 materials in-
clude copper panels, fired clay face brick, natural stone, transparent glass, synthetic or cultured
stone, opaque or mirror window panels, and other comparable or superior materials. The proposed
insulated structural metal panels is a Class 4 material and accounts for approximately 82.3 percent
of all the exterior wall areas for all five buildings. City ordinance stipulates that not more than 10 per-
cent of a Class 4 material should be used for commercial buildings.
City staff is also of the opinion that the exterior walls on the ends of the building's interior to the site
should be constructed with the same type of concrete panels as proposed along the front of Building
A. The ends of these other storage buildings face the Metro Transit Park and Ride on the north side
of the site and the adjoining residential structure on the south side of the site. These end -caps and a
portion of the wall facing east are visible from the public roadway. The developer is proposing to add
an architectural feature on the end caps of each building that will be constructed of a Class 4 mate-
rial. An illustration of their proposed architectural feature is shown below.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 9 of 19
Proposed Class 4 Architectural Feature on Ends of Buildings
The City is requesting that the final architectural plans and exterior construction materials and colors
be reviewed and approved by the Planning Department prior to the issuance of a building permit.
An illustration showing the ends of the buildings is displayed on the next page.
Class 4 Material West Point Douglas.Read=
r
Accents Proposed �•
- �s•:aM6'`: Class 4 Material
-
w..E .LGLh:Building:A �. ,�„ Building A _ .\ Accents Propose
5 ,cz e, W_ w (QCG "T 10-1151 Building B
� a
Lilt IAIP I�GTG.i•[�
510Y.CE 9 WI0 G c—IR.. 1G 75, Building
T'♦'E•G11Yr0(PL•- "T Ir 'r;J Building ; Y 1 �.n u••
'.7.1+-EINI'..E:LHr 11-12, RllilrlinaV •-, .0
Railroad Property/Tracks
Buildings B through E with Class 1 materials represents about 9,715 square feet or about 7.3 per-
cent of the total wall area for all five storage buildings. The red colored lines on the illustration above
represent approximately 10 percent of the wall space for the entire project.
Additional information is needed to determine how these two types of materials can structurally be
joined together. Connecting the concrete panel and an insulated structural metal panel probably can
be achieved at the building's corners, but this detail must still be reviewed by the Building Official to
determine that it will comply with building code requirements.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 10 of 19
This proposed storage facility will generally only be accessed by unit owners through a security gate.
For this reason and because of its location next to the railroad tracks, the City needs to decide if the
architecture requirements were intended for this type of commercial use and if the 65 percent Class
1 material requirement was intended for walls that are interior to a site that are generally not or indi-
rectly seen from public roadways.
Front Building Elevation Facing West Point Douglas Road
Front Building Elevation and Security Gate along West Point Douglas
Front Building Elevation along West Point Douglas Road
Below are photographs of privately -owned storage bays of similar condominium storage facilities:
The Big Boy -52' SeaRar (and little brolhers)
in a 5300 unit
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 11 of 19
29160 with ]9' Boat
Self -Storage Facility Regulations
Title 11-10D(7) of the Zoning Ordinance requires self -storage facilities to be a minimum of 300
feet from any residential use and/or residential zoning district. There is an existing residential
dwelling on the abutting property to the southeast of the project site. The distance between the
residential dwelling and the closest storage building is approximately 150 feet. The developer is
proposing to grade a five-foot high earth berm and plant evergreen trees and a variety of shrubs
on the berm to mitigate site lines from the dwelling into the storage facility property. An aerial
photo of this area and the proposed landscaping plan are shown below.
r
` M, e'�•'r !+Metro Park
.4 9 -Ride
lit
\?tTa . , �•��'a Ups
0 75 M 300MW
ISO •� `. � ``. ,1 _ii `�;`\ �'
Aerial Photo dated 2009
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 12 of 19
Building A
s
k�
Building B """""`• "" ""'
EVERGREENTREES I
SHRUBS
RESIDENTIAL DWELLING
SHRUBS
Building C---„ '11
0
Building
Building E
The question is whether or not a variance should be granted to allow the 300 -foot minimum separa-
tion requirement between the self -storage facility and a residential dwelling to be reduced to approx-
imately 150 feet. The proposed storage facility will not have any outdoor storage and will not create
much daily traffic or outdoor parking. A security fence is proposed around the perimeter of the prop-
erty boundaries. The fence design is required to appear like a wrought iron fence that is similar to
other fences in the Gateway District.
Utilities
The subject property is within the Metropolitan Urban Service Area (MUSA). Previous to the
abandonment of the former Four Seasons Golf Dome and par -three golf course, a private well
and septic system provided water and sewer services on the site. The private well has been
capped and sealed and the sanitary septic system has been removed. City sanitary sewer and
water service stubs were extended to the front property boundary line and will be extended onto
the site by the applicant's contractor.
A wash bay and RV dump station is proposed at the northerly end of Building B. Fire suppression
service lines will be installed in all the buildings. The Fire Department is requiring that a "storz"
fire department connector be installed on all exterior fire connection valves.
All city utilities in this vicinity provide the necessary capacities to serve this proposed commercial
project. Development fees and area charges for redeveloping this site will be added to the build-
ing permit.
An eight -inch diameter watermain system will loop around the site and provide fire suppression
service to all the buildings. Four fire hydrants will be installed, two along the north property line
and two along the north side of the stormwater basin and earth -berm. The property owner is re-
quired to prepare the legal description and sketch of a utility easement covering the private
watermain system interior to the site and permit city access to the water system to flush water
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 13 of 19
through the system. The property owner is responsible to maintain their private watermains,
hydrants, and fire suppression systems.
Park Fee
City ordinance requires land to be dedicated if the City deems it in the public interest to require a
park amenity. For this project site, no land is needed to develop or expand any park system in
this vicinity, but the ordinance does require an equivalent cash payment in lieu of land dedication
not to exceed four percent of the fair market value of the land before any improvements are made
to the property.
For this project, the fair market value of the site is $2.12 per square foot. The site is 12.94 gross
acres. Credit will be given for the stormwater basin that is below the high water elevation (0.12
acres). The net land area above the high water elevation is then 12.82 acres. The total park fee in
lieu of land dedication is $47,355.64 based on net acres. City staff is recommending that the park
fee in lieu of land dedication be paid with the building permit for each phase of development. The
total square footage for all the buildings is 237,778 square feet. Based on the four percent park
fee in lieu of land dedication, the park fee equates to $0.20 per square foot of building. Based on
the building square footage at the time a building permit is issued for each phase, the park fee in
lieu of land dedication will be collected at the time the building permit is issued.
Not all the park fee in lieu of land dedication will be collected if not all of the 237,778 square feet
of buildings are constructed. For this reason, staff is recommending that the balance owed for the
park fee in lieu of land dedication must be paid in full on or before January 1, 2019.
Public Sidewalk
The site plan shows a five-foot wide concrete sidewalk paralleling West Point Douglas Road. Be-
cause this segment of West Point Douglas Road is designated as a major collector roadway in
the Transpiration Section of the City's Future Vision 2030 Comprehensive Plan, a six-foot wide
concrete sidewalk is required.
City staff recognizes that the north and south ends of the sidewalk do not connect to any existing
sidewalk, but it has been the City's requirement that new development along this roadway corri-
dor construct their section of the sidewalk at the time development occurs.
Stormwater Management Plan
A stormwater basin is proposed to be graded in the southwest corner of the site. All the surface
water runoff from the buildings and impervious surfaces will drain into this basin. The 100 -year
high water elevation is at 803.5 feet above mean sea level. The normal stormwater elevation is
799.0 feet above mean sea level. A stormwater outlet pipe will be constructed at the southeast
end of the basin and connect into an existing city storm sewer pipe in West Point Douglas Road.
The basin and stormwater sewer pipe between the basin and West Point Douglas Road will re-
main in the Park Place Storage Condominium Association ownership. The Association will be
responsible for the maintenance of this basin and common areas within the site. Mowing the front
lawn includes the boulevard area all the way to the West Point Douglas Road curb.
The City has reviewed the applicant's Stormwater Management Plan (dated 10/29/14; revised
11/12/14). Based on this revised plan, the City believes this project's stormwater design satisfies
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 14 of 19
the requirements set forth in the City's Storm Water Management Plan and Municipal Separate
Storm Sewer Systems (MS4) Permit.
Condominium Association
The developer's proposal is to develop the 12.94 -acre vacant commercial parcel and construct
five self -storage condominium structures having a cumulative gross floor area of 237,778 square
feet. Construction of the buildings will be phased depending on sales for individual condominium
storage units. Phase 1 will likely be Building A and a portion of Building B and all the ancillary site
improvements (security gate, landscaping, perimeter fencing, access drives, sanitary sewer and
water utilities, electricity, etc.). Individual storage units will typically range between 300 to 15,000
square feet. The units will be owned by individuals that will be part of an overall association. The
Association will maintain all the common areas on the site and site operations (e.g. snow remov-
al, lawn and landscaping care, security cameras, etc.). On occasion, a small area might be rented
for a short period of time until that space is sold. There will not be any outdoor storage. The total
number of units depends on the amount of space each individual owner purchases within the
building.
A Common Interest Community declaration document will be prepared and recorded at the
Washington County Recorder's Office. This document will describe the owners association's re-
sponsibilities, use of units, city access, property taxes and assessments, owner's maintenance
responsibilities interior to their unit, prohibition of outdoor storage, parking regulations, and other
miscellaneous details.
City Department Review and EDA Comments
In 2014, representatives from various City Departments reviewed the applicant's variance and
conditional use permit applications. The Public Safety Department requested that they be given
the opportunity to review the applicant's intrusion alarm system and that the applicant provide the
name(s) and contact information of the key holder(s) for the main gate security system. The Fire
Division is requiring that a "storz" fire department connection fitting be installed on all the exterior
fire department valve connectors for the fire suppression system.
The Building Division is unable to provide comments regarding building code regulations until
such time that all detailed construction plans are submitted to their office.
The Cottage Grove Economic Development Authority (EDA) reviewed this project at their meeting
on November 12, 2014. An excerpt from their approved minutes is attached. In response to one
of their questions related to the project's taxable value, it is estimated that once the project is
completely developed, the property is estimated to have at least a $2 per square foot value on the
land (similar to the Cottage Grove Business Park) plus a value attributable to the building con-
struction/sale. The building values are estimated as follows:
Storage Building Values
Building A, plus land
$3 million
Building A and B, plus land
$6.5 million
Building A, B, and C, plus land
$10.5 million
Building A, B, C, and D, plus land
$14 million
Building A, B, C, D, and E, plus land
$15 million
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 15 of 19
At full build out, this project should have about 3.5 times the value per square foot of land as
compared to Renewal by Andersen. The total tax bill in 2014 dollars for the entire project will be
about $590,000 with about $80,000 of that amount coming to the City. An average unit size of
1,000 square feet would have about a $2,500 total property tax bill.
The Public Works Department is aware of the applicant's proposal to plant 109 spartan juniper
coniferous shrubs over the existing watermain along the north boundary line of the self -storage
site. If the City watermain along the north property boundary line must be repaired, maintained, or
replaced, they are requiring the Park Place Storage Condominium ownership to be responsible
for replacing that portion of the fence and/or plantings that had to be removed.
No comments or recommendations were received from other advisory commissions.
Public Hearing Notices
The public hearing notice was mailed to 38 property owners who are within 500 feet of the site on
and published in the South Washington County Bulletin on October 11, 2017.
Recommendation
That the Planning Commission determines that the Park Place Storage project is consistent with
the previously approved development plans on December 17, 2014, and recommends to the City
Council the approval of the following planning applications, subject to the conditions listed below:
1. A variance to Title 11-6-5, Landscaping Requirements, to reduce the required minimum
number of overstory deciduous trees from 131 to 17, reduce the required minimum number
of coniferous trees from 122 to 13, and reduce the required minimum number of large and
small shrubs from 564 to 527.
2. A variance to Title 11-6-13, Architecture, to reduce the amount of Class 1 exterior building
materials from the required minimum of 65 percent to approximately 17.7 percent and in-
creasing the amount of Class 4 materials from a 10 percent maximum to approximately
82.3 percent.
3. A variance to Title 11-10D-7, Self -Storage Facilities, which requires self -storage facilities to
be a minimum of 300 feet from any residential use and/or residential zoning district. The
distance between the residential dwelling located southeast of the proposed developing
site and the closest storage building is approximately 150 feet.
The findings of facts that support these variances are:
A. The proposed self -storage condominium units are privately owned. Occasionally, a vacant
portion of the building might be temporarily rented until the unit is sold. The overall objective
is not to have more than five percent of the facility as rental units. Accessibility into the site
is limited to unit owners and not open to the general public.
B. City ordinance regulations offer alternative methods of compliance for landscaping and tree
mitigation. Based on the proposed type of commercial use that limits public access onto the
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 16 of 19
site, the applicant is required to pay to the City an equivalent amount of cash in lieu of
planting all the landscaping and tree mitigation required by City regulations.
C. Public view of the exterior walls for the west side of Building A and the east and west sides
of Buildings B through E is limited.
D. A stand of deciduous trees exists along the northern boundary line of the non -conforming
residential parcel and dwelling. The continued existence of these trees and the proposed
five-foot earth berm height with the planting of conifer trees and a variety of shrubs on the
self -storage property will aid in mitigating visual impacts from the residential parcel.
The Planning Commission should also recommend to the City Council approval of the Park Place
Storage Condominium's site plan and conditional use permit applications for the proposed construc-
tion of five commercial structures with a cumulative gross floor area of approximately 237,778
square feet and ancillary site improvements shown on the development plans prepared by Joseph
T. Radach with Carlson McCain Environmental, Engineering and Surveying and dated October 29,
2014 and the revised architectural plans prepared by Mohagen, Hansen Architectural Group dated
received November 24, 2014, subject to the following conditions:
All applicable permits (i.e., building, electrical, mechanical) and a commercial plan review
packet must be completed, submitted, and approved by the Building Official, Fire Marshal,
and Public Works Director prior to the commencement of any construction activities.
2. The applicant submits as -built drawings to the City upon completion of the stormwater
basin, storm sewer piping, and water and sanitary sewer systems.
3. Outdoor storage is prohibited.
4. If the City watermain along the north property boundary line must be repaired, maintained, or
replaced, the Park Place Storage Condominium ownership will be responsible to replace the
fence and plantings.
5. The design and materials of any fencing on the subject property must match the specifica-
tions of the Montage Commercial Majestic 3/4 - Rail Fence. If a fence is proposed, it must be
black in color and not exceed eight feet in height. Barbed-wire strands are prohibited.
6. Chain link fencing with or without vinyl slats is prohibited on the perimeter of the property or
used as a security gate.
7. A storz Fire Department connection fitting must be installed on all exterior Fire Department
connections.
8. The applicant submits to the Public Safety Department a copy of their intrusion alarm system
and provide the name(s) and contact information of persons possessing a key or security
code for the main gate entry system.
9. The applicant receives building permits from the City of Cottage Grove prior to construction.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 17 of 19
10. Irrigation shall be provided for all sodded and landscaped areas. The irrigation system shall
consist of an underground sprinkling system that is designed by a professional irrigation in-
staller to meet the water requirements of the site's specific vegetation. The system shall be
detailed on the landscape plan.
11. The concrete apron for the private access drive shall be constructed per City requirements if
replaced.
12. An outdoor lighting plan must be submitted to the City for review and approval. All lighting
must meet City Code requirements. All outdoor light fixtures must be downward directed with
cut-offs. The specifications of all light fixtures must be provided with the application for a
building permit.
13. The exterior wall materials on the north and south ends for all structures must be constructed
with quality architectural materials and design. The final architectural plans and exterior con-
struction materials and colors must be reviewed and approved by the Planning Department
prior to the issuance of a building permit.
14. The grading and erosion control plan for the site must comply with NPDES II Permit require-
ments. Erosion control devices must be installed prior to commencement of any grading ac-
tivity. Erosion control must be performed in accordance with the recommended practices of
the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the
conditions stipulated in Title 10-5-8, Erosion Control During Construction, of the City's Subdi-
vision Ordinance.
15. The applicant must provide the City with an as -built survey of all private utilities prior to issu-
ance of certificate of occupancy.
16. All mechanical equipment screening and trash enclosures must be constructed of materials
that are consistent with the principal building's exterior materials.
17. Construct a six-foot wide concrete sidewalk along West Point Douglas Road. Pedestrian
ramps must be constructed on each side of the site's access drive.
18. Storm sewer pipe must be reinforced concrete pipe (RCP).
19. The applicant is responsible for removing debris from West Point Douglas Road during their
grading and construction process. This street shall be swept clean daily or as needed.
Parking along West Point Douglas Road is prohibited.
20. The property owner is responsible for maintaining the stormwater basin. A document outlin-
ing the scope and frequency to maintain this basin must be submitted with the building permit
application.
21. A "STOP" sign shall be installed at exit drive. The sign shall be ten feet from the roadway
edge and two feet from the driveway edge. The bottom of the sign shall be six feet from the
ground. The "STOP" sign shall be a 30 -inch sized sign having a high intensity face. Said sign
shall be mounted on a 6 -foot — No. 3 and 8 -foot — No. 2 steel post.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 18 of 19
22. Installation of landscaping shall occur in a timely fashion and be consistent with an approved
plan. A letter of credit in the amount of 150 percent of the landscape estimate shall be sub-
mitted to the City as required by City ordinance (Title 11-6-5(1)). The financial guarantee shall
be in effect for one year from the date of installation to ensure the installation, survival, and
replacement of the landscaping improvements.
23. The exterior color of the overhead doors shall be a color that is similar and complementary to
the color scheme for the exterior walls of the buildings.
24. The area charges, connection charges, and related development fees and charges will be
added to the building permit fee.
25. Payment in lieu of landscaping and a portion of the tree mitigation fee amounts to $0.34 per
building square foot will be collected with the building permit application for each phase. All
the landscaping shown on the landscape plan prepared by Carlson McCain and dated Octo-
ber 29, 2014, must be planted with the first phase of development. The balance owed for
landscaping and tree mitigation must be paid in full on or before January 1, 2022. The deficit
landscaping amount is $61,629 and tree mitigation is $19,092 for a total of $80,721.
26. Payment for the park fee in lieu of land dedication amount of $0.20 per building square foot
will be collected with the building permit application for each phase. Not all the park fee in lieu
of land dedication will be collected if not all the 237,778 square feet of buildings are con-
structed. For this reason, staff is recommending that the balance owed for the park fee in lieu
of land dedication must be paid in full on or before January 1, 2022. The total park fee in lieu
of land dedication is $47,355.64.
27. The property owner must prepare the legal description and sketch for a utility easement over
all the watermain looping through the site. The property owner will own and be responsible to
maintain the private watermain system looping through their site and servicing their fire sup-
pression systems to the buildings. The property owner must permit the City to access the fire
hydrants on the site to flush the water system. Maintenance of the fire hydrants is the
responsibility of the property owner.
28. A copy of the operating budget and reserve replacement study be submitted to the City.
29. A staging plan is submitted to the City.
30. Except for Building A, signage on the end -caps of Buildings B through E is prohibited.
Planning Staff Report — Park Place Storage
Planning Case Nos. CUP2017-031, SP2017-032, & V2017-033
October 23, 2017
Page 19 of 19
Prepared by:
John McCool, AICP
Senior Planner
ATTACHMENTS:
Site Plan
Building Elevation Plan
Landscaping Plan
Photos of Interior Storage Spaces (examples)
Excerpt from Economic Development Authorities' Minutes for 11/12/2014
Excerpt from the Planning Commission Minutes for 11/24/2014
Letter from Paul Jorgensen dated 10/29/14
Responses to the Variance Criterial from Paul Jorgensen dated 10/29/14
Responses to the Conditional Use Permit Criteria from Paul Jorgensen dated 10/29/14
Aerial Photo and Addresses for other Park Place Storage Projects
Declaration of Covenants (Example)
Operating Budget and Reserve Replacement Assumptions
Staging Plan — Email message dated 12/08/14
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November 12, 2014 EDA Packet
A. Park Place Storage Project
Community Development Director/City Engineer Levitt presented the packet
materials related to Park Place. EDA Member Patterson stated that he didn't think
the building materials along the rear ends of the buildings needed to be the same
as the front of the building (Class 1). EDA Member Westerberg agreed.
EDA Vice President Thiede rose concerns about having a storage facility on W
Point Douglas. EDA Member Thiede stated the need for an aesthetically pleasing
exterior of the building, not wanting storage in the name of the facility, tax revenue,
and his concern for the site being used as a storage facility. EDA Member Thiede
also stated concerns regarding the developer's incentive for maintaining the
condominium association property after the units are all sold. EDA Executive
Director Schroeder discussed the increase in taxes if the site is developed into the
concept of condominium storage that will be purchased by individual owners and
owners will have a higher incentive to maintain their property. ED Director Parr
explained that the exterior and common areas would be maintained by the
condominium association.
EDA President Bailey discussed the appeal of having wrought iron fencing to keep
in theme with the fencing in the corridor, as well as escrow for the sidewalk. EDA
President Bailey also spoke of the importance of having the north end of the
building as even more aesthetically pleasing then the south and rear of the
building. In addition President Bailey stated that the tree mitigation will go into that
fund and will be available to be used along areas of the West Point Douglas
Corridor, since there are landscaping limitations on the site due to the proximity of
the water main and eventual water tower. EDA President Bailey also discussed
Park Place's sister facility in Eden Prairie, stating the exterior of the building is
aesthetically pleasing and is a unique addition to that area and did not look like a
traditional storage facility. EDA President Bailey stated that the Park Place
building type would fit with the feel of the light manufacturing theme of the area.
EDA Member Westerberg asked if there would be traffic issues and Community
Development Director/City Engineer Levitt commented that traffic would not be an
issue because she did not anticipate a rush at any particular time of day.
EDA member Poncin indicated that he sees numerous opportunities for possible
light industrial work spaces, affordable work spaces to small business owners, and
the units are affordable for those that would like to own their workspace.
EDA President Bailey stated he would like the EDA to review Park Place's
marketing materials at their current facilities to see who they are marketing to, in
order to get a better picture of the end users.
EXCERPT FROM THE PLANNING COMMISSION MINUTES FOR
NOVEMBER 22, 2014
6.1 Park Place Storage — Case SP2014-039, CUP2014-040, V2014-041
Park Place Storage has applied for variances to City Code Title 11-6-5, Landscaping
Requirements, Title 11-6-13, Architecture; and Title 11-10D-7, Self -Storage Facilities; and a
site plan review and conditional use permit to allow approximately 237,778 square feet of
storage condominiums to be located at 7552 West Point Douglas Road South.
McCool summarized the staff report and recommended approval based on the findings of fact
and subject to the conditions stipulated in the staff report.
Graff asked for further clarification on the tax base table and if this would be a continuing tax
base or an initial tax payment to the City. McCool responded continuous.
Johnson asked if there are any examples of a similar project in other areas of the Twin Cities.
Applicants Paul Jorgensen, Park Place Storage, 6415 County Road 19, Corcoran, and John
Rausch, Cushman Wakefield North America, 3500 American Boulevard West, Bloomington,
introduced themselves.
Jorgensen stated that they have seven locations around the Twin Cities with 650 to 700 units.
They are adding buildings to their locations in New Hope, Shakopee, and Minnetrista. He ex-
plained that these are different than mini -storage facilities; the units are larger and heated.
Rausch stated that the people buying these condominiums use them to store nice cars or
boats and they tend to finish the units. He highlighted that the proposed steel panels are not
typical steel panels and showed photos of buildings that utilize that material. He stated that
Building 1 would look nicer than United Properties or Opus industrial buildings with the punch
outs and the accents on the front. That will be on three sides of Building 1. They are proposing
to put the steel panels on the ends of the other building which would wrap the corners. They
are also proposing to use soffit materials on the end caps of Buildings 2, 3, and 4.
Johnson asked if the heating would be in each unit or centralized for the building. Rausch
stated that each unit would have its own natural gas heater. Johnson asked where they would
be vented. Rausch responded through the side of the building. He explained that they are
concerned about water penetration so they don't want to go through the roof.
Rostad asked once somebody decides to build a unit, does the association prohibit them from
subdividing a unit to sell. Jorgenson explained that they cannot divide existing units. Rostad
asked if sleeping units would be allowed. Jorgenson stated no residences are allowed in the
condos and that is very clear in the bylaws. He explained that the condo owners police the
rules themselves and there is no outside storage allowed. Rostad asked if they have seen
anyone trying to operate a business out of a unit. Jorgenson responded that is prohibited by
the bylaws, noting that the condos are priced higher than office space. Rostad asked if Park
Place Storage would have an ongoing stake in the project after all the units are sold. Jorgenson
stated that he does manage the associations and that there is a board.
Excerpt from Planning Commission Minutes — November 24, 2014
Park Place Storage — Case SP2014-039, CUP2014-040, V2014-041
November 24, 2014
Page 2 of 3
Brittain asked if they build the entire building at one time or as the units are sold. Jorgenson
responded that they would build Building A first and a part of another at the same time. Based
on the length of the beams, they would probably build to the halfway mark. They typically start
construction when they get 50 percent of a building sold. Brittain asked based on past experi-
ence, how long it takes to complete the entire project. Jorgenson stated that they would like to
be sold out in three years but it is typically four to five years.
Graf asked about the governing documents, sample budget, sample disclosure, reserve study,
long-term planning and operating, and maintenance the facility. He would like to see what the
interior corridors look like. He also would recommend that there be some sort of formal staging
in place. He asked if they accept presales, are they working on marketing, the length of their
management agreement term, and how long they retain control of the operation of the prop-
erty. Jorgensen stated that the Corcoran facility has been there for 16 years and he has
managed it since the beginning. Each facility has a board who provides direction for him. If the
board does decide that they don't want him managing the property any longer, he would step
down. Graf asked if there is a formal agreement and what is the term of that agreement.
Jorgensen stated that it is up to each board; a couple are year to year and others don't have
an agreement. Rausch noted that staff has the declaration, bylaws, and rules and regulations.
McCool explained that the interior corridors are paved driveway accesses with garage doors
and service doors. Jorgenson stated that the sample operating budget and reserve study can
be provided to staff prior to the City Council meeting. He then stated that they do take pre -
sales but they do not know the cost structure yet.
Rediske asked if they have done research into the market in this area. Jorgensen responded
that they have received interest from several Cottage Grove residents, and they also look at
their current owner list and where they reside to see if they would like to move closer to their
homes. Rediske asked when they plan to break ground. Jorgenson responded as quickly as
they can. Rediske asked where the next closest one is to Cottage Grove. Jorgenson re-
sponded that there are facilities in Holton, Wisconsin, a small site in Hastings, Shakopee,
Corcoran, and Minnetrista. He noted that they will be spending more on this site than the
others he owns.
Rostad opened the public hearing. No one spoke. Rostad closed the public hearing.
Rausch stated that he has been involved in other projects in Cottage Grove, including the
White Pine senior housing development, and some of the other alternatives they looked at for
this particular site would have involved a small building with a large parking lot, which would
mean the tax base would be a third to a fifth of what this project will bring in.
Imdieke thanked the applicants for looking at the City of Cottage Grove and for taking into
consideration the visibility of the site and investing in the aesthetics of the buildings. She be-
lieves this is a great use for that property.
Brittain made a motion to recommend approval of the variances for landscaping, archi-
tecture, and self -storage facilities, based on the findings of fact and subject to the
conditions listed in the staff report. Graff seconded.
Excerpt from Planning Commission Minutes — November 24, 2014
Park Place Storage — Case SP2014-039, CUP2014-040, V2014-041
November 24, 2014
Page 3 of 3
Motion passed unanimously (8 -to -0 vote).
Graf recommended approval of the conditional use permit and site plan review subject
to the conditions listed in the staff report, with the addition that the operating budget,
reserve replacement study, and staging plan be included. Wehrle seconded.
Motion passed unanimously (8 -to -0 vote).
Park Place Storage Condominiums
Council and City Staff:
The intent of the following application is to work with the City to ultimately approve and build
237,000 square feet of storage condominiums. The individual units will vary in size but typically
range from 2,000 square feet up to 15,000 square feet. The units are owned by individuals
who take great pride in their units and typically own them for several years. An association will
be created to handle snow removal, lawn care, security cameras, etc. and acts very similar to a
residential HOA. The overall development will consist of five separate buildings and be built in
phases.
A great deal of planning has gone into the design of the project. We feel strongly that the
image, development plan and use of the property will greatly benefit the community in a
number of ways. We have been working with our engineers, architects, contractors and the
City of Cottage Grove for over eight months and believe this development will add a
tremendous amenity to the residents of Cottage Grove. The development will also add
significant tax base and help set a high standard for other development along Highway 61.
Similar projects Park Place Storage have developed are valued at $80 per square foot.
The exterior of the building fronting Highway 61 will consist of Class 1 materials as defined by
the City code. Precast concrete with bump outs and windows will provide for an exceptional
image. The Northwest property line will include an evergreen hedge while the Southeast
property line will include a berm, trees and ponding which will separate the project from
neighboring properties. The site will also include wrought iron fencing which will further
advance the practicality and visual appeal of the site. In addition to screening the
development, the first building will be three to four feet higher in elevation to enhance
screening to the interior of the site.
We thank you for your consideration of the enclosed application and look forward to working
towards a successful development. Please feel free to call with any questions.
Sincerely,
RECEIVED
OCT 19 204
Paul ]orgensen CITY OF COTTAGE GROVE
612-670-3077
Owner — Park Place Storage
Park Place Storage Condominiums
PO BOX 326, Corcoran, MN 55357
Park Place Storage Condominiums
Variance Application I OCT 2 9 2014
At this point we are uncertain on whether we need the following variances U.!'t3 -Wd t
identify/explore the following and welcome feedback from the City:
a. Landscape. The overall site will be compliant with the 25% green space
requirement but the internal site will not have traditional parking and therefore will
not meet the 8% landscape requirement as indicated in the City code. We believe
we will also need a variance for the number of trees/shrubs needed for the site.
According to our calculations, the City code requires 115 overstory trees, 107
evergreens, 247 large shrubs and 247 small shrubs. Our plan calls for significant
landscaping but will ultimately fall short of the requirement. We strongly believe
that complying with the code will negatively impact the overall design of the project,
especially the appeal of the building along Hwy 61.
b. Internal Parking. Since the use of the property will generate very little traffic and
have few parking needs, we feel that we have more than enough paved surface area
for short-term parking. The owners/users of the site will park outside the units for
short periods of time and not be allowed to park vehicles outside of the units
overnight.
Variance Application Response To Ordinance Criteria
1. Yes. We feel we have more than enough area to park the few vehicles that will be on site at
any given time. We also believe that we have adequate landscaping to portray a very high
quality image from Hwy 61 as well as buffer our neighbors on either side of the proposed
development.
2. Yes. The variances are consistent with the comprehensive plan and will allow the project to
best suit the City, neighbors and overall site plan.
3. If the above variances are allowed, the use of the site will be best utilized while also ensuring
the community and neighboring properties benefit from a high quality project. Careful
landscape planning has taken place to help shield the neighbors.
4. The property has a naturally tree buffer from the neighboring residential property and is also
located next to the Metro Transit Park N Ride.
5. The development is unique in that we will have a significant amount of square footage
under building but will need very little permanent parking. It is also unique in the fact that the
entire property is buffered with fencing, landscape, building and railroad.
6. Yes. The purpose of the variances is not based on financial hardship but based on
functionality with the best interest of the neighbors and City in mind.
Park Place Storage Condominiums
PO BOX 326, Corcoran, MN 55357
Park Place Storage Condominiums
RE EIV%6
7. Yes, OCT 2 9 2014
8. The site will have minimal lighting and most owners of the units will only vis! �orra,�F c;�ovF
periodically resulting in little effect on traffic. We anticipate no fire or public safety concerns.
Park Place Storage Condominiums
PO BOX 326, Corcoran, MN 55357
Park Place Storage Condominiums
Conditional Use Permit Response to Ordinance Criteria
A. We feel the development will comply with the comprehensive plan and zoning ordinances.
The development will fall under the warehouse classification as defined by the City.
B. The development will include class 1 building materials, have significant screening for
neighboring properties and provide a high quality image to Highway 61. The development will
set a standard for additional development within the immediate area.
C. We feel the use will add value to the neighboring properties. The development, when
complete, will be valued at approximately $20,000,000 and ultimately drive values for
surrounding parcels. We have gone to great lengths to protect the neighboring properties. To
the Northwest is Metro Transit which we have shielded with an evergreen hedge (approximately
12 feet high) as well as wrought iron fencing. There is a residential home to the Southeast and
the development complies with the setback requirements associated with single family
neighbors. In addition to meeting the setback requirement, we have added a berm, a
significant number of trees, ponding and wrought iron fencing. The neighbor also has a heavily
wooded area between the development and the home which will add to the separation of the
uses. We feel we have gone "above and beyond" when considering our neighbors on both
sides of the property. It should be noted that the development backs up to the railroad as well.
D. We do not believe the development will negatively impact the surrounding property owners
in any way. The use of the site has little impact due to the low volumes of traffic generated.
Owners of the storage units typically use their units for dropping off or picking up their RV's,
boats, etc. This results in very limited activity on site.
E. The use of the property will not create traffic congestion or any unsafe practices associated
with the use. No parking will be allowed on the streets or impact neighboring properties.
F. The development will comply with all standards and be easily accessed for fire, police, etc.
The site will also have "looped" water with hydrants to add extra fire protection.
G. The development is not asking for any funding or extraordinary requirements of the public.
The development will add to the economic welfare of the City.
H. Yes. The site is fairly flat with and minimally treed thus preserving the natural setting. As
indicated above, the development plan protects the neighboring properties and their ability to
develop in the future. RECEIVED
I. No adverse environmental effects known.
OCT 292014
CITY OF COTTAGE GROVE
J. No potential development problems for neighboring properties are known. We are adding a
sidewalk along the frontage road which may encourage additional development.
Park Place Storage Condominiums
PO BOX 326, Corcoran, MN 55357
From:
Luke Appert <luke.appert@cushwakenm.com>
Sent:
Monday, December 08, 2014 1:53 PM
To:
John McCool; 'paulj@parkplacestoiage.net'
Cc:
Jon Rausch; Jennifer Levitt
Subject:
RE: Park Place Storage Condominium
Attachments:
Bylaws Draft Cottage Grove SAMPLE NOT FINAL.DOC; Declaration Cottage Grove
SAMPLE, NOT FINAL.DOC; Reserve assumptions Cottage Grove.xls; Cottage Grove
Association Budget 2015, 235,480SF.XLS; Park Place Storage Condominiums Other
Locations 2014-11-25.doc; SKMBT_C554e14120813520.pdf
John,
Please see the attached information regarding your below requests. We have included a draft of the declaration for the
association, The association bylaws, The reserve assumptions and association budget. You will notice the budget and
reserves are based on a final development totaling 235,480sf (the wash bay will make up the remainder of the square
footage). In addition to annual money being placed in reserve, the association documents allow for various
improvements/repairs to be assessed to the condo owners as work takes place. We are happy to elaborate on this
topic as sometimes it is difficult to communicate via email.
The Proposed Staging Plan for the Development is as follows (timing will be dependent on unit sale velocity)
1) Building A and % of Building B (side closest to Park n Ride)
2) Completion of Building B and all of Building C
3) Building D
4) Building E
Lastly, I have included our signed Letter of Intent we have with Park Place regarding the fair market value. We feel
strongly, as does Paul, that this is the fair market value and it certainly is an "arms length" transaction. We have the
Purchase Agreement as well if needed.
Please let me know if any additional information is needed. Thank you again for all your hard work.
Luke
Please Visit Our New Team Website www.landmnwi.com
Luke Appert
Land Brokerage Services
3500 American Blvd W - #200
Minneapolis, MN 55431
P 952-893-8238
C 651-315-6641
F 952-835-8849
E luke.appert@cushwakenm.com
www.cushwakenm.com
Ail US�I MAV A
►���� ::
Replacement cost per sf.
$1.50
Reserve Assumptions Park Place Condominium
235,480
Total roof replacement
$353,220.00 50 year $7,064
Replacement cost per sf.
$2.00
Cottage Grove, MN
167,000
Total asphalt replacement cost
$334,000.00 20 year $16,719
December 08, 2014
Reserve Assumptions
Estimated
Estimated
Roofing
Bldg. sf Roof sf
Roof
Asphalt
Width
Length
incl. soffitt Total
Replacement
Repair
Building 1
50
594
29700
29700
$891.00
$2,108.70
2
90
605
54450
54450
$1,633.50
$3,865.95
3
90
720
64800
64800
$1,944.00
$4,600.80
4
80
770
61600
61600
$1,848.00
$4,373.60
5
30
831
24930
24930
$747.90
$1,770.03
Total
235480
235480
$7,064.40
$16,719.08
Replacement cost per sf.
$1.50
Roof Square footage
235,480
Total roof replacement
$353,220.00 50 year $7,064
Replacement cost per sf.
$2.00
Asphalt Square footage
167,000
Total asphalt replacement cost
$334,000.00 20 year $16,719
CIIIDEC D 8 2ok
Yofca ,;;=_•.;or
Onlinary Inc,me/Expense
Income
4010 • Association Fees
4016 -Gas Income
96,546.80
4025 Finanee Charge
4035 Wash Bay I -mo
Total Income
Expense
6190 • Llabftity Insurance
16,000.00
6192 • Director S, OtDcem Ins.
6245 •ORce Supplies
6250. Postage and Delivery
6270. Professional Fees
13,000.00
6300 • Repairs and Maintenance
125.00
6335 - Septic Tank Trucking
125.00
6340 Telephone
125.00
6440 -Gas
125.00
6442 • Electric
125.00
6395 Wash Bay expense
125.00
6450 • Snow RemovagLavm Care
1,500.00
6550 • Management Fees
Total Expense
Net Ordinary Income
16,125.00
Other Incame/Fxpemes
125.00
Other I-
125.00
7010 Interest
125.00
7050 To R -
13,125.00
Total Other Income
3,558.00
Net Other Income
3,558.00
Net Income
3,558.00
Cottage Grove Association Budget 2015 235,480 SF
December 8, 2014
TOTAL
Jan 15 Feb 15 Mar 15 Apr 15 May15 Jun 15 Jul 15 Aug 15 Sep 15 Oct 15 Nov 16 Dec 15 Jan -Dec 16
96,646.80
96,546.80
193,093.60
16,000.00
13,000.00
29,000.00
125.00
125,00
125.00
125.00
125.00
125.00
125.00
125.00
125.00
125.00
125.00
125.00
1,500.00
96,671.80
125.00
125.00
16,125.00
125.00
125.00
96,671.80
125.00
125.00
125.00
125.00
13,125.00
223,593.60
3,558.00
3,558.00
3,558.00
3,558.00
3,558.00
3,558.00
3,558.00
3,556.00
3,558.00
3,558.00
3,558.00
3,558,00
42,696.00
0.00
35.00
35.00
35.00
35.00
35.00
35.00
35.00
35.00
35.00
35.00
35,00
35.00
420.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
600.00
360.00
360.00
360.00
350.00
360.00
360.00
360.00
360.00
360.00
360.00
360.00
360.00
4,320.00
1,250.00
1250.00
1,250.00
1,250.00
1,250.00
1,260.00
1,250.00
1,250.00
1,250.110
1,250.00
1,250.00
1,250.00
15,000.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
173.00
2,076.00
167.00
167.00
167.00
167.00
167.00
167.00
167.00
187.00
167.00
167.00
167,00
167.00
2,004.00
5,709.50
4,709.50
4,709.50
82200
433.00
300.00
258.00
205.00
227.00
2,209,50
4,709.60
4,709.50
29,000.00
2,583.00
2,583.00
2,583.00
2,583.00
2,583.00
2,583.00
2,563.00
2,583.00
2,583.00
2,583.00
2,583.00
2,583.00
30,996.00
115.00
115.00
115.00
115.00
115.00
115.00
115.00
115.00
115.00
115.00
115.00
115.00
1,380.00
5,000.00
5,000.00
5,000.00
330.00
330.00
330.00
330.00
330.00
330.00
330.00
5,000.00
5,000.00
27,310.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
2,993.00
35,916.00
21,993.50
20,993.50
20,993.50
12,436.00
12,047.00
11,914.00
11,870.00
11,819.00
11,841.00
13.823.50
20,993.50
20,993.50
191,718.00
60,62730
-17,275.00
.17275.00
51995.00
-10,005.00
-10,005.00
69,715.20
-10,005.00
-10,005.00
-12,505.00
-17,275.00
-4,275.00
31,875.60
512.00 $12.00 S1200 912.00 51200 51200 $1200 912.00 $12.00 81200 $12.00 $12.00 5144.00
411,891.74 311,891.74 423,783.48
411,879.74 $12.00 $12.00 $12.00 91200 $1200 -$11,879.74 912.00 512.00 51200 $12.00 $1200 423,639.46
-511,879.74 $12.00 51200 $12.00 $1200 $12.00 411,879.74 $12.00 512.00 $1200 51200 51200 423,639.48
48,747.46 -17,263.00 -17,263.00 6,007.00 -9,993.00 -9,993.00 - 57,835A6 -9,993.00 -9,993.00 -17,493.00 -17,263.00 -4,263.00 4,07292
ECEMM
DECO 82014
CflyOF COI IP.GEGROVE-
Park Place Storage Condominiums
Minnesota Locations
9300 Nike Road, Minnetrista, MN 6415 County Rd 19, Loretto, MN
Land Area= 35 acres Land Area = 21 acres
Number of Units = 197 Number of Units = 189
Total Building Sq. Footage = 260,000 Total Building Sq. Footage = 178,000
n
1441 7th Street, Houlton, WI
Land Area = 12 acres
Number of Units = 121
Total Building Sq. Footage = 135,000
1465 Commerce Drive, Hastings, MN
Land Area = 2.2 acres
Number of Units = 37
Total Building Sq. Footage = 35,000
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
PARK PLACE STORAGE CONDOMINIUMS of COTTAGE GROVE, MNINC.
BYLAWS RECEIVI>®
SECTION 1 DEC 0 8 2014
CITY OF COTTAGE GROVE
GENERAL
The following are the Bylaws (the "Bylaws") of Park Place Storage Condominiums of
Cottage Grove., a Minnesota non-profit corporation (the "Association"). The Association is
organized pursuant to Section 515B.3-101 of the Minnesota Common Interest Ownership Act
(the "Act") for the purpose of operating and managing the Park Place Storage Condominiums of
Cottage Grove. The terms used in these Bylaws shall have the same meaning as they have in the
Declaration of the Park Place Storage Condominiums of Cottage Grove (the "Declaration") and
the Act.
SECTION 2
MEMBERSHIP
2.1 Owners Defined. All Persons described as Owners in Section 1.11 of the
Declaration shall be members of the Association. No Person shall be a member solely by virtue
of holding a security interest in a Unit. A Person shall cease to be a member at such time as that
Person is no longer an Owner.
2.2 Registration of Owners and Occupants. Each Owner shall register with the
Secretary of the Association in writing within thirty (30) days after taking title to a Unit (i) the
name and address of the Owner(s) and any Occupant(s) of the Unit; (ii) the nature of such
Owner's interest or estate in each Unit owned; (iii) the address at which the Owner desires to
receive notice of any meeting of the Owners, if other than the Unit address; (iv) the name and
address of the secured party holding the first mortgage on the Unit, if any; and (v) the naive of
the Owner, if there are multiple Owners of the Unit, who shall be authorized to cast the vote with
respect to the Unit. The Owner shall have a continuing obligation to advise the Association in
writing of any changes in the foregoing information.
2.3 Transfers. The interests, rights and obligations of an Owner of the Association
may be assigned, pledged, encumbered or transferred, but only along with and as a part of the
title to the Owner's Unit or as otherwise specifically authorized by the Governing Documents or
by law.
SECTION 3
VOTING
3.1 Entitlement. Equal Votes shall be allocated to each Unit as shown on Exhibit A
to the Declaration. No vote shall be exercised as to a Unit while the Unit is owned by the
Association.
3.2 Authority to Cast Vote. At any meeting of the Owners, an Owner included on the
voting register presented by the Secretary in accordance with Section 4.6 hereof, or the holder of
such Owner's proxy, shall be entitled to cast the vote which is allocated to the Unit owned by the
Owner. If there is more than one Owner of a Unit, only one of the Owners may cast the vote. If
the Owners of a Unit fail to agree as to who shall cast the vote, or fail to register pursuant to
Section 2.2 hereof, the vote shall not be cast.
3.3 Voting by PrM. Owner may cast the vote which is allocated to the Owner's Unit
and be counted as present at any meeting of the Owners by executing a written proxy naming
another Person entitled to act on that Owner's behalf, and delivering the same to the Secretary
before the commencement of any such meeting. All proxies granted by an Owner shall remain
in effect until the earliest of the following events (i) revocation by the granting Owner by written
notice or by personally attending and voting at the meeting for which the proxy is effective; (ii)
eleven (11) months after the date of the proxy, unless otherwise provided in the proxy; and (iii)
the time at which the granting Owner is no longer an Owner.
3.4 Voting by Mail/Email Ballot. Notices of regular or special meetings and the
entire vote on any issue, except the removal of directors, may be determined by mailed or
emailed ballots and proxies, subject to the following requirements:
a. The notice of the vote shall (i) clearly state the proposed action; (ii) indicate the
number of responses needed to meet the quorum requirements; (iii) state the
percentage of approvals necessary to approve each matter other than election of
directors; and (iv) specify the time by which the ballot must be received by the
Association in order to be counted.
b. The ballot shall (i) set forth each proposed action; and (ii) provide an opportunity
to vote for or against each proposed action.
The Board of Directors shall set the time for the return of ballots, which shall not
be less than fifteen (15) nor more than thirty (30) days after the date of mailing of
the ballots to the Owners. The Board of Directors shall provide notice of the
results of the vote to the Owners within ten (10) days after the expiration of the
voting period.
d. Approval by written ballot under this Section is valid only if the number of votes
cast by ballot equals or exceeds the quorum required to be present at a meeting
authorizing the action, and the number of approvals equals or exceeds the number
of votes that would be required to approve the matter at a meeting at which the
total number of votes cast was the same as the number of votes cast by ballot.
3.5 Vote Required. A majority of the votes cast at any properly constituted meeting
of the Owners, or cast by mail or email in accordance with Section 3.4, shall decide all matters
properly brought before the Owners, except where a different vote is specifically required by the
Governing Documents or the Act. The term "majority" as used herein shall mean in excess of
fifty percent (50%) of the votes cast at a meeting, in person or by proxy, or voting by mail, in
accordance with the allocation of voting power set forth in the Declaration. Cumulative voting
shall not be permitted.
SECTION 4
MEETING Or OWNERS
4.1 Place. All meetings of the Owners shall be held at the office of the Association or
at such other place in the State of Minnesota reasonably accessible to the Owners as may be
designated by the Board of Directors in any notice of a meeting of the Owners.
4.2 Annual Meetings. An annual meeting of the Owners shall be held in each fiscal
year on a date, and at a reasonable time and place, designated by the Board of Directors. At each
annual meeting of the Owners (i) the Persons who are to constitute the Board of Directors shall
be elected by the Owners pursuant to Section 6 hereof; (ii) a report shall be made to the Owners
on the activities and financial condition of the Association; and (iii) any other matter which is
included in the notice of the annual meeting, and is a proper subject for discussion or decision by
the Owners, shall be considered and acted upon at the meeting.
4.3 Special Meetings. Special meetings of the Owners may be called by the President
as a matter of discretion. Special meetings of the Owners shall be called by the President or
Secretary within thirty (30) days following receipt of the written request of a majority of the
members of the Board of Directors or of Owners entitled to cast at least twenty-five percent
(25%) of all the votes in the Association. The meeting shall be held within ninety (90) days
following receipt of the request. The request shall state the purpose of the meeting, and the
business transacted at the special meeting shall be confined to the purposes stated in the notice.
The purpose for which the meeting is requested and held must be lawful and consistent with the
Association's purposes and authority under the Governing Documents.
4.4 Notice of Meetings. At least twenty-one (21), but no more than thirty (30), days
in advance of any annual meeting of the Owners and at least seven (7), but no more than thirty
(30), days in advance of any special meeting of the Owners, except as noted in Section 6.3 of the
Declaration, the Secretary shall send to all persons who are Owners as of the date of sending the
notice, notice of the time, place and agenda of the meeting, by United States mail, or by hand
delivery or email as may be determined appropriate by the Board, at the Owner's Unit address or
to such other address as the Owner may have designated in writing to the Secretary. The notice
shall also be sent to the Eligible Mortgagee, upon request, at the address provided by the Eligible
Mortgagee. Any Eligible Mortgagee shall, upon request, be entitled to designate a representative
to be present at any meeting. Notice of meetings to vote upon amendments to the Articles of
Incorporation shall also be given separately to each officer and director of the Association.
4.5 Quorum/Adjournment. The presence of Owners in person or by proxy, who have
the authority to cast in excess of twenty-five percent (25%) of all the votes in the Association
shall be necessary to constitute a quorum at all meetings of the Owners for the transaction of any
business, except that of adjourning the meeting to reconvene at a subsequent time. If a quorum
is not reached for a meeting of the Owners, such meeting may be postponed up to sixty days, at
which time the quorum requirement shall be reduced to twelve percent (12%) of all votes in the
Association. If a quorum is present at the reconvened meeting, any business may be transacted
which might have been transacted at the meeting as initially called had a quorum then been
present. The quorum, having once been established at a meeting or a reconvened meeting, shall
continue to exist for that meeting notwithstanding the departure of any Owner previously in
attendance in person or by proxy. The Association may not be counted in determining a quorum
as to any Unit owned by the Association.
4.6 Voting Register. The Secretary shall have available at the meeting a list of the
Unit numbers, the names of Owners, the vote attributable to each Unit and the name of the
Person (in case of multiple Owners) authorized to cast the vote.
4.7 Agenda. The agenda for meetings of the Owners shall be established by the
Board of Directors, consistent with the Governing Documents, and shall be sent to all Owners
along with the notice of the meeting.
SECTION 5
ANNUAL REPORT
The Board of Directors shall prepare an annual report on behalf of the Association to be
mailed or delivered to each Owner together with the notice of the annual meeting. The report
shall contain at a minimum:
a. A statement of any capital expenditures in excess of two percent (2%) of the
current budget or $5,000.00, whichever is greater, approved by the Association
for the current year or succeeding two fiscal years.
b. A statement of the balance in any reserve or replacement fund and any portion of
the fund designated for any specified project by the Board of Directors.
C. A copy of the statement of revenues and expenses for the Association's last fiscal
year, and a balance sheet as of the end of said fiscal year.
A statement of the status of any pending litigation or judgments to which the
Association is a party.
A detailed description of the insurance coverage provided by the Association,
including a statement as to which, if any, of the items referred to in Section
515B.3-113, subsection (b) of the Act, are insured by the Association.
f. A statement of the total past due assessments on all Units, current as of not more
than sixty (60) days prior to the date of the meeting.
SECTION 6
BOARD OF DIRECTORS
6.1 Number and Qualification. The Board of Directors of this Association shall
consist of three (3) to five (5) persons, who shall be Owners; provided that the number of
Directors shall always be an odd number. No Member may be elected to the Board or vote as a
Board Member if such Member is more than thirty (30) days past due with respect to
assessments on the Member's Unit at the time the election is held.
6.2 Term of Office. The terms of office of the members of the Board of Directors
shall be one, two or three years beginning on the first election held after expiration of Declarant
control. Following this first vote and the first term of each Board member, the terms of office of
the Board of Directors shall be two years and shall expire at the appropriate annual meeting of
the Owners; provided that a director shall continue in office .until a successor is elected and the
terms shall be staggered to the extent possible. A number of nominees equal to the number of
vacancies, and receiving the greatest number of votes, shall be elected, notwithstanding that one
or more of them does not receive a majority of the votes cast. A director appointed or elected to
fill an uncompleted term shall serve until the natural termination of that term, unless removed in
accordance with these Bylaws. There shall be no cumulative voting for directors.
6.3 Nomination. Nomination for election to the Board of Directors shall be made by
a Nominating Committee if appointed by the Board of Directors, from the Board of Directors or
from the floor at the annual meeting or by "write-in" if authorized by the Board.
6.4 Powers. The Board of Directors shall have all powers necessary for the
administration of the affairs of the Association, and may exercise for the Association all powers
and authority vested in or delegated to the Association (and not expressly prohibited or reserved
to the owners) by law or by the Governing Documents. The powers of the Board of Directors
shall include, without limitation, the power to:
a. adopt, amend and revolve Rules and Regulations not inconsistent with the
Governing Documents, as follows (i) regulating the use of Common Elements;
(ii) regulating the use of the Units and the conduct of the Owners and Occupants
that may jeopardize the health, safety, or welfare of other Owners and Occupants,
which involves noise or other disturbing activity or which may damage the
Common Elements or other Units; (iii) regulating or prohibiting animals; (iv)
regulating changes in appearance of the Common Elements and conduct which
may damage the Property; (v) regulating the exterior appearance of the Property,
including for example, window treatments, and signs and other displays,
regardless of whether inside a Unit; (vi) implementing the Governing Documents,
and exercising the powers granted by this Section; and (vii) otherwise facilitating
the operation of the Property;
adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect assessments for Common Expenses from Owners;
c. hire and discharge managing agents and other employees, agents and independent
contractors;
institute, defend, or intervene in litigation or administrative proceedings (i) in its
own name on behalf of itself or two or more Owners on matters affecting the
Common Elements or other matters affecting the Property or the Association; or
(ii) with the consent of the Owners of the affected Units on matters affecting only
those Units;
make contracts and incur liabilities on behalf of the Association;
f. regulate the use, maintenance, repair, replacement and modification of the
Common Elements and the Units;
g. cause improvements to be made as a pari of the Common Elements;
h. acquire, hold, encumber, and convey in the name of the Association any right,
title, or interest to real estate or personal property, subject to the requirements of
the Act for the conveyance or encumbrance of the Common Elements;
grant public utility easements through, over or under the Common Elements, and
subject to approval by resolution of the Owners at a meeting duly called, grant
other public or private easements, leases and licenses through, over or under the
Common Elements;
impose and review any payments, fees, or charges for the use, rental or operation
of Common Elements, other than Limited Common Elements;.
k. impose charges for late payment of assessments and, after notice and an
opportunity to be heard, levy reasonable fines for violations of the Governing
Documents and the Rules and Regulations;
1, impose reasonable charges for the review, preparation and recordation of
amendments to the Declaration or these Bylaws, resale disclosure certificates
required by Section 515B.4-107 of the Act, statements of unpaid assessments, or
furnishing copies of Association records;
in. provide for the indemnification of its officers and directors, and maintain
directors' and officers' liability insurance;
n. provide for reasonable procedures governing the conduct of meetings and the
election of directors;
o. appoint, regulate and dissolve committees; and
P. exercise any other powers conferred by law or the Governing Documents, or
which are necessary and proper for the governance of the Association.
6.5 Meeting and Notices. An annual meeting of the Board of Directors shall be held
promptly following each annual meeting of the Owners. At each annual meeting the officers of
the Association (President, Vice -President, Secretary and Treasurer) shall be elected. The Board
of Directors shall also meet at the following times:
a. Regular meetings of the Board of Directors shall be held at least on a quarterly
basis, at such times as may be fixed from time to time by a majority of the
members of the Board of Directors. A schedule, or any amended schedule, of the
regular meetings shall be provided to the directors.
b. Special meetings of the Board of Directors shall be held when called (i) by the
President of the Association; or (ii) by the Secretary within ten (10) days
following the written request of any two (2) directors. Notice of any special
meeting shall be given to each director not less than three (3) days in advance
thereof. Notice to each director shall be deemed to be given when deposited in
the United States mail postage prepaid to the Unit address of such director, or
when personally delivered, orally or in writing, by a representative of the Board
of Directors.
C. Any director may at any time waive notice of any meeting of the Board of
Directors orally, in writing or by attendance at the meeting, and such waiver shall
be deemed equivalent to the giving of such notice. If all the directors are present
at any meeting of the Board, no notice shall be required and any business may be
transacted at such meeting.
6.6 Quorum and Voting. A majority of the members of the Board of Directors shall
constitute a quorum for the transaction of business at any meeting thereof. This means if the
Board consists of five persons, three must be present to constitute a quorum. A quorum, once
established, shall continue to exist, regardless of the subsequent departure of any directors. Each
director shall have one vote. The vote of a majority of the directors present at any meeting at
which a quorum is present shall be sufficient to adopt any action. Proxies shall not be permitted.
6.7 Action Taken Without a Meeting. The Board of Directors shall have the right to
take any action in the absence of a meeting which they could take at a meeting when authorized
in a writing by all the directors.
6.8 Vacancies. Except for vacancies created pursuant to Sections 6.2 and 6.9 of this
Section, a vacancy in the Board of Directors shall be filled by a person elected within thirty (30)
days following the occurrence of the vacancy by a majority vote of remaining directors
regardless of the number. Each person so elected shall serve out the term vacated.
6.9 Removal. A director may be removed from the Board of Directors, with or
without cause, by a majority vote at any annual or special meeting of the Owners provided (i)
that the notice of the meeting at which removal is to be considered states such purpose; (ii) that
the director to be removed has a right to be heard at the meeting; and (iii) that a new director is
elected at the meeting by the owners to fill the vacant position caused by the removal. A director
may also be removed by the Board of Directors if such director (i) has more than two (2)
unexcused absences from Board meetings and/or Owners meetings during any twelve (12) month
period; or (ii) is more than sixty (60) days past due with respect to assessments on the director's
Unit. Such vacancies shall be filled by the vote of the Owners as previously provided in this
Section.
6.10 Compensation. The directors of the Association shall receive no compensation
for their services in such capacity. Directors may be reimbursed for out-of-pocket expenses
incurred in the performance of their duties. A director, Owner or Occupant may upon approval
by the Board of Directors be retained by the Association and reasonably compensated for goods
and services furnished to the Association in an individual capacity.
6.11 Fidelity Bond. Fidelity bonds or insurance coverage for unlawful taking of
Association funds shall be obtained and maintained as provided in the Declaration on all
directors and officers authorized to handle the Association's funds and other monetary assets.
SECTION 7
OFFICERS
7.1 Principal Officers. The principal officers of the Association shall be the
President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by the
Board of Directors. The Board of Directors may from time to time elect such officers and
designate their duties as in their judgment may be necessary to manage the affairs of the
Association. A person may hold more than one office simultaneously, except those of President
and Vice President. Only the President and Vice President must be members of the Board of
Directors.
7.2 Election. The officers of the Association shall be elected annually by the Board
of Directors at its first annual meeting and shall hold office at the pleasure of the Board.
7.3 Removal. Upon an affirmative vote of a majority of the members of the Board,
any officer may be removed, with or without cause, and a successor elected, at any regular
meeting of the Board of Directors, or at any special meeting of the Board of Directors called for
that purpose.
7.4 President. The President shall be the chief executive officer of the Association
and shall preside at all meetings of the Board of Directors and the Association. The President
shall have all of the powers and duties which are customarily vested in the office of president of
a corporation, including without limitation the duty to supervise all other officers and to execute
all contracts and similar obligations on behalf of the Association. The President shall have such
other duties as may fiom time to time be prescribed by the Board of Directors.
7.5 Vice President, The Vice President shall take the place of the President and
perform the duties of the office whenever the President is absent or unable to act. The Vice
President shall also perform other duties as shall from time to time be prescribed by the Board of
Directors.
7.6 Secretary. The Secretary shall be responsible for recording the minutes of all
meetings of the Board of Directors and the Association. The Secretary shall be responsible for
keeping books and records of the Association, and shall give all notices required by the
Governing Documents or the Act unless directed otherwise by the Board of Directors. The
Board of Directors may delegate the Secretary's administrative functions to a managing agent;
provided that such delegation shall not relieve the Secretary of the ultimate responsibility for the
Secretary's duties.
7.7 Treasurer. The Treasurer shall have the responsibility for all financial assets of
the Association and shall be covered by a bond or insurance in such sum and with such
companies as the Board of Directors may require. The Treasurer shall be responsible for keeping
the Association's financial books, assessment rolls and accounts. The Treasurer shall cause the
books of the Association to be kept in accordance with customary and accepted accounting
practices and shall submit them to the Board of Directors for its examination upon request. The
Treasurer shall cause all monies and other monetary assets of the Association to be deposited in
the name of or to the credit of the Association in depositories designated by the Board of
Directors, shall cause the funds of the Association to be disbursed as ordered by the Board of
Directors and shall perform all other duties incident to the office of the Treasurer. The Board of
Directors may delegate the Treasurer's administrative functions to a managing agent; provided
that such delegation shall not relieve the Treasurer of the ultimate responsibility for the
Treasurer's duties.
7.8 Compensation. Officers of the Association shall receive no compensation for
their services in such capacity. Officers may be reimbursed for out-of-pocket expenses incurred
in the performance of their duties. An officer may upon approval by the Board of Directors be
reasonably compensated for goods and services furnished to the Association in an individual
capacity.
SECTION 8
OPERATION OF THE PROPERTY
8.0 Prohibited Uses. Any and all commercial, industrial or residential us other than
storage is prohibited within the self storage facility. Storage of any hazardous materials,
chemicals, gasoline or flammable liquids is prohibited in any storage space, except normal
househould quantities. Any storage of propane tanks or flammable gases is prohibited. No more
than four vehicle tires may be stored in any rental space. Any and all commercial, industrial or
residential use other than storage is prohibited within the facility.
8.1 Assessment Procedures. The Board of Directors shall annually prepare a budget
of Common Expenses for the Association and assess such Common Expenses against the Units
according to their respective Common Expense liability as set forth in the Declaration.
The Board of Directors shall fix the amount of the annual assessment against each
Unit, levy the assessment and advise the Owners in writing of the assessment at
least thirty (30) days prior to the beginning of the Association's fiscal year when
the first assessment installment shall be due. The limits on the Board's power to
fix the annual assessment shall be as set forth in the Declaration. The failure of
the Board of Directors to timely levy an annual assessment shall not relieve the
Owners of their obligation to continue paying assessment installments in the
amount currently levied, as well as any increases subsequently levied.
b. Subject to the terms of the Declaration, if an annual assessment proves to be
insufficient, the Board of Directors may amend the budget and levy an additional
assessment, at any time. The levy shall occur upon the date specified in the
resolution which fixes the assessment.
The annual budget shall include a general operating reserve, and an adequate
reserve fund for maintenance, repair and replacement of those Common Elements
and parts of the Units that must be maintained, repaired or replaced by the
Association on a periodic basis.
d. The Association shall furnish copies of each budget on which the assessment is
based to an Owner or to any Eligible Mortgagee, upon request of such persons.
8.2 Payment of Assessments. Annual assessments shall be due and payable in
monthly installments in advance on the first day of each month of the year or other period for
which the assessments are made, and special assessments shall be due when designated by the
Board of Directors. All Owners shall be absolutely and unconditionally obligated to pay the
assessments. No Owner or Occupant shall have any right of withholding, offset or deduction
against the Association with respect to any assessments, or related late charges or costs of
collection, regardless of any claims alleged against the Association or its officers or directors.
Any rights or claims alleged by an Owner may be pursued only by separate action.
8.3 Default in Payment of Assessments. If any Owner does not make payment on or
before the date when any assessment or installment thereof is due, subject to such grace periods
as may be established, the Board of Directors may assess, and such Owner shall be obligated to
pay, a late charge as provided in the Declaration for each such unpaid assessment or installment
thereof, together with all expenses, including reasonable attorneys' fees, incurred by the Board in
collecting any such unpaid assessment.
a. If there is a default of more than thirty (30) days in payment of any assessment,
the Board of Directors may accelerate any remaining installments of the
assessment upon prior written notice thereof to the Owner, and the entire unpaid
balance of the assessment and late charges shall become due and payable upon the
date stated in the notice unless all past due amounts, including late charges, costs
of collection and fines, are paid prior to said date.
b. The Board of Directors shall have the right and duty to attempt to recover all
assessments for Common Expenses, together with any charges, attorneys' fees or
expenses relating to the collection thereof.
Upon written request of an Owner or an Eligible Mortgagee of such Unit, notice
of a default of more than thirty (30) days in payment of any assessment or
installment of any assessment for Common Expenses or any other default in the
performance of obligations by the Owner shall be given in writing to such
Eligible Mortgagee.
d. The rights and remedies referred to herein shall in no way limit the remedies
available to the Association under the Declaration or by law.
8.4 Foreclosure of Liens for Unpaid Assessments. The Association has the right to
foreclose its assessment lien against a Unit for assessments imposed by the Association, as more
fully described in the Declaration and the Act.
8.5 Records. The Board of Directors shall cause to be kept at the registered office of
the Association, and at such other place as the Board of Directors may determine, records of the
actions of the Board of Directors, minutes of the meetings of the Board of Directors, minutes of
the meetings of the Owners of the Association, names of the Owners and Eligible Mortgagees,
and detailed and accurate records of the receipts and expenditures of the Association. All
Association records, including receipts and expenditures and any vouchers authorizing payments,
shall be available for examination by the Owners and the Eligible Mortgagees upon reasonable
notice and during normal business hours. Separate accounts shall be maintained for each Unit
setting forth the amount of the assessments against the Unit, the date when due, the amount paid
thereon and the balance remaining unpaid.
8.6 Enforcement of Obligations. All Owners and Occupants and their guests are
obligated and bound to observe the provisions of the Governing Documents, the Rules and
Regulations and the Act. The Association may impose any or all of the charges, sanctions and
remedies authorized by the Governing Documents, the Rules and Regulations or by law to
enforce and implement its rights and to otherwise enable it to manage and operate the
Association.
SECTION 9
AMENDMENTS
These Bylaws may be amended, and the amendment shall be effective, upon the
satisfaction of the following conditions;
9.1 Approval. The amendment must be approved by Owners who have authority to
cast a majority [in excess of fifty percent (50%)] of the total votes in the Association, in writing
or at a duly held meeting of the Owners, subject to any approval rights of Eligible Mortgagees as
provided in the Declaration; and
9.2 Notice. A copy of the proposed amendment, and if a meeting is to be held, notice
of such meeting, shall be mailed by United States mail, or hand delivered, to all Owners
authorized to cast votes; and
9.3 Effective Date of Amendment. The amendment shall be effective on the date of
approval by the required vote of the Owners. If recorded, the amendment shall be recorded in
the office of the recording officer for the county in which the Property is located.
SECTION 10
INDEMNIFICATION
The Association shall, to the extent the alleged liability is not covered by insurance,
indemnify each individual acting in any official capacity on behalf of the Association, pursuant
to the provisions of Minnesota Statutes 317A.521.
SECTION 11
MISCELLANEOUS MATTERS
11.1 Notices. Unless specifically provided otherwise in the Act, the Declaration or
these Bylaws, all notices required to be given by or to the Association, the Board of Directors,
the Association officers or the Owners or Occupants shall be in writing and shall be effective
upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the
United States mail; except that registrations pursuant to Section 2.2 shall be effective upon
receipt by the Association.
11.2 Severability. The invalidity or unenforceability of any part of these Bylaws shall
not impair or affect in any manner the validity, enforceability or effect of the balance of these
Bylaws.
11.3 Captions. The captions herein are inserted only as a matter of convenience and
for reference and in no way limit or define the scope of these Bylaws or the intent of any
provision hereof.
11.4 Conflicts in Documents. In the event of any conflict among the provisions of the
Act, the Declaration, these Bylaws or the Rules and Regulations, the Act shall control unless it
permits the documents to control. As among the Declaration, these Bylaws and Rules and
Regulations, the Declaration shall control, and as between these Bylaws and the Rules and
Regulations, these Bylaws shall control.
11.5 Waiver. No restriction, condition, obligation or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason or any failure to enforce the
same, irrespective of the number of violations or breaches thereof which may occur.
11.6 No Corporate Seal. The Association has no corporate seal.
11.7 Fiscal Year. The fiscal year of the Corporation shall be determined by the Board
of Directors.
Park Place Storage Condominiums of Cottage
Grove Association, Inc.
Its: President
Park Place Storage Condominiums of Cottage Grove,MN , CIC NO. TBD
A Condominium
DECLARATION
COMMON INTEREST COMMUNITY NO. TBD, A Condominium
PARK PLACE STORAGE CONDOMINIUMS OF COTTAGE GROVE
DECLARATION
This Declaration (the "Declaration") is made in the County of , State of
Minnesota, on this day of , 2015 by Park Place Storage LLC, a Minnesota
limited liability company (the 'Declarant"), pursuant to the provisions of Minnesota Statutes
Chapter 515B, known as the Minnesota Common Interest Ownership Act (the "Act"), for the
purpose of creating Park Place Storage Condominiums of Cottage Grove as a condominium
under the Act.
WHEREAS, Declarant is the owner of certain real property located in Hennepin
County, Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to
submit said real property and all improvements thereon (collectively the "Property") to the
Act as a condominium, and
WHEREAS, Declarant desires to establish on the Property, a plan for a non-
residential garage condominiums, to be owned, occupied and operated for the use, health,
safety and welfare of the Owners and Tenants of the Property, and for the purpose of
preserving the value, quality and character of the Property, and
WHEREAS, the Property (i) is not subject to an ordinance referred to in Section
515B.1-106 of the Act, governing conversions to common interest ownership, and (ii) is not
subject to a master association as defined in the Act; and
THEREFORE, Declarant subjects the Property to this Declaration under the name
"Park Place Storage Condominiums of Cottage Grove", consisting of the Units referred to in
Section 2, and declaring that this Declaration shall constitute covenants to run with the
Property, and that the Property and any real estate added thereto shall be owned, used,
occupied and conveyed subject to the covenants, restrictions, easements, charges and liens
set forth herein, all of which shall be binding upon all Persons owning or acquiring any right,
title or interest therein, and their heirs, personal representatives, successors and assigns.
SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following
meanings (unless the context indicates otherwise):
1.1 "Act" means the Minnesota Common Interest Ownership Act, Minnesota
2
Statutes Chapter 515B, as amended.
1.2 "Assessments" means and refers to all assessments levied by the
Association pursuant to Section 6 of this Declaration.
1.3 "Association" means Parlc Place Storage Cottage Grove Condominium
Association, Inc., a nonprofit corporation created pursuant to Minnesota
Statutes Chapter 317A and Section 51513.3-101 of the Act, whose members
consist of all Owners.
1.4 "Board" means the Board of Directors of the Association, as provided for in
the Bylaws.
1.5 "Bylaws" means the Bylaws governing the operation of the Association,
as amended from time to time.
1.6 "Common Area" shall have the same meaning as Common Elements.
1.7 "Common Elements" means all parts of the Property including any
improvement thereon, except the Units.
1.8 "Common Expenses" means all expenditures made or liabilities incurred by
or on behalf of the Association and incident to its operation, including
Assessments and items otherwise identified as Common Expenses in the
Declaration or Bylaws.
1.9 "Declarant Control Period" means the time period during which Declarant has
the exclusive right to appoint the members of the Board, as described in
Section 14.7 of this Declaration.
1.10 "Eligible Mortgagee" shall mean any Person owning a mortgage on any
Unit, which mortgage is first in priority upon foreclosure to all other
mortgages that encumber such Unit, and which has requested the
Association, in writing, to notify it regarding any proposed action which
requires approval by a specified percentage of Eligible Mortgagees.
1.11 "Governing Documents" means this Declaration, and the Articles of
Incorporation and Bylaws of the Association, as amended from time to time,
all of which shall govern the use and operation of the Property.
1.12 "Limited Common Elements" means a portion of the Common Elements
allocated by the Declaration or by operation of Section 51513.2-109(c) or
(d) of the Act for the exclusive use of one or more but fewer than all of the
Units.
1.13 "Member" means all persons who are members of the Association by
reason of being Owners as defined in this Declaration. The words "Owner"
and "Member" may be used interchangeably in the Governing Documents.
1.14 "Owner" means a Person who owns a Unit, but excluding contract for
deed vendors, mortgagees, holders of remainder or reversionary interests
and other secured parties within the meaning of the Act.
1.15 "Person" means a natural individual, corporation, limited liability
company, partnership, limited liability partnership, trustee, or other legal
entity capable of holding title to real property.
1.16 "Plat" means the recorded plat depicting the Property pursuant to
the requirements of Section 515B.2-1101 of the Act, including any
amended or supplemental Plat recorded from time to time in accordance with
the Act.
1.17 "Property" means all of the real property subjected to this Declaration, now
or in the future, including all structures and any other improvement located
thereon. The Property is legally described in Exhibit A attached hereto.
1.18 'Rules and Regulations" means the Rules and Regulations of the Association as
approved from time to time pursuant to Section 5.6.
1.19 "Tenant" means any Person or Persons, other than an Owner, occupying
or using a Unit.
1.20 "Unit" means a part of the Property, other than the Common Elements,
including one or more rooms or enclosed spaces, occupying all or part of one
or more floors of a building, designed and intended for separate ownership and
use, as described in Section 2 and shown on the Plat.
Any terms used in the Governing Documents, and defined in the Act and not in this
Section, shall have the meaning set forth in the Act. References to Section numbers refer to
the Sections of this Declaration unless otherwise indicated. References to the singular may
refer to the plural, and conversely, depending upon context.
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES AND RELATED EASEMENTS
2.1 Units. Declarant will build 300 Units, subject to the right of Declarant to
add additional Units, or subdivide, combine or convert Units, as provided in
Section 15. All Units shall be used exclusively for non-residential purposes,
including vehicle, motor -sport equipment and other business storage.
2.2 Unit Boundaries. The boundaries shall be the interior, unfinished surfaces of
the perimeter walls, floors, ceilings, doors, windows, and door and window
frames of the unit, all paneling, tiles, wallpaper, paint, floor covering, and any
other finishing materials applied to the interior surfaces of the perimeter walls,
floors or ceilings, are a part of the unit, and all other portions of the perimeter
walls, floors, ceilings, doors, windows, and door and window frames, are a
part of the common elements. All spaces, interior partitions, and interior
n
fixtures and any improvement located within the boundaries of a Unit are a part
of the Unit.
2.3 The Common Interest Community does not include shoreland, as defined in
Minnesota Statutes Section 10317.205.
SECTION 3
COMMON ELEMENTS, LIMITED COMMON ELEMENTS
AND OTHER PROPERTY
3.1 Common Elements. The Common Elements and their characteristics are as
follows:
(a) All of the Property not included within the Unit boundaries and any
load bearing portions of any interior or perimeter walls, columns,
ceilings or floors; and any common utility lines or other common
facilities located in or passing through a Unit shall be Common
Elements. The Common Elements include, but are not limited to all
areas and items listed in this Section 3, and those parts of the Property
designated as Common Elements on the Plat or in the Act.
(b) The Common Elements shall be subject to (i) the easements described
in this Declaration and any other easements recorded against the
Common Elements; (ii) the rights of Owners and Tenants in any
Limited Common Elements allocated to their respective Units; and
(iii) the right of the Association to establish reasonable Rules and
Regulations governing the use of the Property.
3.2 Limited Common Elements. The Limited Common Elements are those parts
of the Common Elements reserved for the exclusive use of the Owners and
Tenants of the Units to which they are allocated. The rights to the use and
enjoyment of the Limited Common Elements are automatically conveyed with
the conveyance of such Units. The Limited Common Elements are described
and allocated to the Units, as follows:
(a) Those items or areas designated as Limited Common Elements on the
Plat are allocated to the Units indicated thereon.
(b) Improvements, if any, such as loading dock platforms, built-in
vehicle lifts, decks, balconies, awnings, exterior windows and
doors, driveways, walks, walkways or entryways constructed as part
of the original construction to serve a single Unit or Units, and
replacements and modifications thereof authorized pursuant to Section
8, located wholly or partially outside the Unit boundaries, are
allocated to the Unit or Units which they serve.
(c) Chutes, flues, ducts, drains, pipes, wires, conduit or other utility
installations, bearing walls, bearing columns, or any other components or
fixtures located wholly or partially outside the Unit boundaries, and
serving only that Unit or Units, are allocated to the Unit or Units they
serve. Any portion of such installations serving or affecting the
function of the Common Elements is a part of the Common Elements.
(d) Heating, ventilating, air conditioning, plumbing, electrical or
mechanical equipment serving only a certain Unit or Units, and
located wholly or partially outside the Unit boundaries is allocated
to the Unit or Units served by such equipment.
3.3 Annexation of Other Property. In addition to the Additional Real Estate,
which may be unilaterally annexed only by the Declarant, other real property
may be annexed to the common interest community as Common Elements
and subjected to this Declaration, in accordance with Section 51513.2-125 of
the Act.
SECTION 4
ASSOCIATION MEMBERSHIP AND GUEST PRIVILEGES:
RIGHTS, INTERESTS AND OBLIGATIONS
Membership in the Association, and the allocation to each Unit of a portion of the
votes in the Association and a portion of the Common Expenses of the Association and
undivided interests in the Common Elements, shall he governed by the following provisions;
4.1 Membership. Each Owner shall be a member of the Association solely by
reason of owning a Unit, and the membership shall be transferred with the
conveyance of the Owner's interest in the Unit. An Owner's membership shall
terminate when the Owner's ownership terminates. When more than one
Person is an Owner of a Unit, all such Persons shall be members of the
Association, but multiple ownership of a Unit shall not alter the voting rights
allocated to such Unit nor authorize the division of the voting rights.
4.2 Allocation of Voting Rights, Undivided Interests and Common Expense
Obli atg ions. Voting rights are equally divided among the existing units and
any future units that may be created; undivided interests in the Common
Elements and Common Expense obligations (subject to Sections 6.4 and 6.7)
are allocated in accordance with percentages per unit shown on Exhibit B
hereto. The Common Expense obligations and undivided interests
referred to in this Section 4.2 shall be reallocated among all Units based
upon the above formula in the event additional Units are created.
4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include
the voting rights, Common Expense obligations and undivided interests
described in Section 4.2. Said rights, interests and obligations, and the title to
the Units, shall not be separated or conveyed separately, and any conveyance,
encumbrance, judicial sale or other transfer of any allocated interest in a
Unit, separate from the title to the Unit shall be void. The allocation of the
rights, interests and obligations described in this Section may not be changed,
6
except in accordance with the Governing Documents and the Act.
4.4 Authority to Vote. The Owner, or some natural person designated to act as
proxy on behalf of the Owner, and who need not be an Owner, may cast the
vote allocated to such Unit at meetings of the Association. However, if there
are multiple Owners of a Unit, only the Owner or other person designated
pursuant to the provisions of the Bylaws may cast such vote. The voting
rights of Owners are more fully described in the Bylaws.
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not
limited to the acts required of the Association, shall be governed by the following provisions:
5.1 General. The operation and administration of the Association and the
Property shall be governed by the Governing Documents, the Rules and
Regulations, and the Act. The Association shall, subject to the rights of the
Owners set forth in the Governing Documents and the Act, be responsible for
the operation, management and control of the Property. The Association
shall have all powers described in the Governing Documents, the Act and the
statute under which the Association is incorporated. All power and authority
exercisable by the Association shall be vested in the Board, unless action or
approval by the individual Owners is specifically required by the Governing
Documents or the Act. All references to the Association shall mean the
Association acting through the Board, unless specifically stated to the contrary.
5.2 Operational Purposes. The Association shall operate and manage the Property
for the purposes of (i) administering and enforcing the covenants, restrictions,
easements, charges and liens set forth in the Governing Documents and the Rules
and Regulations, (ii) maintaining, repairing and replacing those portions of
the Property for which it is responsible, and (iii) preserving the value and
architectural character of the Property.
5.3 Binding Effect of Actions. All agreements and determinations made by
the Association in accordance with the powers and voting rights established
by the Governing Documents or the Act shall be binding upon all Owners and
Tenants, and their lessees, guests, heirs, personal representatives, successors
and assigns, and all secured parties as defined in the Act.
5.4 Bylaws. The Association shall have Bylaws. The Bylaws shall govern
the operation and administration of the Association, and shall be binding on all
Owners and Tenants. The Bylaws need not be recorded.
5.5 Management. The Board may delegate to a manager or managing agent
the management of any or all Units, including any management duties
imposed upon the Association's officers and directors by the Governing
7
Documents and the Act. However, such delegation shall not relieve the
officers and directors of the ultimate responsibility for the performance of
their duties as prescribed by the Governing Documents and by law. The
Declarant and/or an affiliate of the Declarant may be employed as the
manager of the Association and/or the Property pursuant to a separate, written
agreement, subject to termination as provided by the Act or the management
agreement.
5.6 Rules and Regulations. The Property and the conduct of Persons thereon
are subject to regulation, as follows:
(a) The Board has the exclusive authority to approve and implement such
reasonable Rules and Regulations as it deems necessary from time to
time for the purpose of operating and administering the affairs of the
Association and regulating the use of the Property; provided that the
Rules and Regulations shall not be inconsistent with the Governing
Documents or the Act. The inclusion in other parts of the
Governing Documents of authority to approve Rules and Regulations
shall be deemed to be in furtherance, and not in limitation, of the
authority granted by this Section. New or amended Rules and
Regulations shall be effective only after reasonable notice thereof has
been given to the Owners.
(b) An Owner may establish reasonable rules relating to the internal use
of such Owner's Unit and the conduct of Persons using or visiting the
Unit; provided, that the rules shall be consistent with and subject to the
Governing Documents, the Rules and Regulations, this Declaration and
applicable law.
5.7 Association Assets; Surplus Funds. All funds and real or personal
property acquired by the Association shall be held and used for the benefit of
the Owners for the purposes stated in the Governing Documents. Surplus funds
remaining after payment of or provision for Common Expenses and reserves
shall be credited against future Assessments or added to reserves, as
determined by the Board.
SECTION 6
ASSESSMENTS
6.1 General. Assessments shall be determined and assessed against the Units by
the Board, in its discretion, subject to the requirements and procedures set forth
in this Section 6 and the Bylaws. Assessments shall include annual Assessments
under Section 6.2, and may include special Assessments under Section 6.3 and
limited Assessments under Section 6.4. Annual and special Assessments shall
be allocated among the Units in accordance with the allocation formula set
forth in Section 4.2 and Exhibit B. Limited Assessments under Section 6.4
shall be allocated to Units as set forth in that Section.
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6.2 Annual Assessments. Annual Assessments shall be established and levied by
the Board. Each annual Assessment shall cover all of the anticipated Common
Expenses of the Association for that year which are to be shared by all Units in
accordance with the allocation formula described in Section 4.2. Annual
Assessments shall be payable annually or in equal monthly or quarterly
installments, as established by the Board. Annual Assessments may provide,
among other things, for an adequate reserve fund for the replacement of the
Common Elements and those parts of the Units for which the Association is
responsible and which are not funded by limited Assessments, pursuant to
Section 6.4.
6.3 Special Assessments. In addition to annual Assessments, the Board may levy
in any Assessment year a special Assessment against all Units in accordance
with the allocation formula set forth in Section 4.2. Among other things, special
Assessments may be used for the purpose of defraying in whole or in part the
cost of any unforeseen or unbudgeted Common Expense.
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments, the Board may, at its discretion, levy and allocate limited
Assessments among one or more, but not all, Units, in accordance with the
following requirements and procedures:
(a) Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element shall be assessed
exclusively against the Unit or Units to which that Limited Common
Element is allocated, as determined by the Board.
(b) Any Common Expense benefiting fewer than all of the Units but
not falling within Section 6.4(a) may be assessed against the Unit or
Units benefited, as determined by the Board.
(c) The costs of insurance may be assessed equally or by actual cost per
Unit, and the costs of common utilities may be assessed equally, in
proportion to usage, or such other reasonable allocation as may be
approved by the Board.
(d) Reasonable attorneys' fees and other professional fees and costs
incurred by the Association in connection with (i) the collection of
Assessments and (ii) the enforcement of the Governing Documents,
the Act, or the Rules and Regulations, against an Owner or Tenant or
their guests, may be assessed against the Owner's Unit.
(e) Late charges, fines and interest may be assessed as provided in Section
13.
(f) If any damage to the Common Elements, Limited Common Elements
or another Unit or any portion of the Owner's Unit that the
Association is obligated to maintain is caused by the act or omission
of any Owner or Tenant, or their guests, the Association may assess
the costs of repairing the damage exclusively against the offending
Owner's Unit to the extent not covered by insurance.
(g) If a Unit is owned by multiple individuals or an entity and the
Common Elements or any other improvements or facilities related
to the common interest community are used by more than one
individual and his or her immediate family, the Board is authorized to
assess an Owner of the Unit for excess use of the Common Elements
or such other improvements or facilities in an amount determined by
the Board.
(h) If Common Expense liabilities are reallocated for any purpose
authorized by the Act, Assessments and any installment thereof not yet
due shall be recalculated in accordance with the reallocated Common
Expense liabilities.
Assessments levied under Sections 6.4(a) through 6.4(g) may, at the Board's
discretion, be assessed as a part of, or in addition to, the other Assessments levied
under Section 6.1 or 6.2.
6.5 Working Capital Fund. There shall be established a working capital fund to
meet unforeseen or unbudgeted expenditures or to purchase additional
equipment or services during the Association's beginning years of operation.
There shall be contributed, on a one-time basis upon the initial sale of each
Unit by Declarant, an amount equal to $200.00 per Unit. The contribution
shall be paid by the Unit purchasers at the earlier of the time of closing of sale of
the Unit or by the Declarant at the time of termination of the Declarant
Control Period as to then unsold Units. The contributions to this fund are in
addition to the regular installments of annual Assessments. The Board may
include in each subsequent annual budget a reasonable amount of working
capital, based upon the anticipated needs of the Association for the year in
question. The funds shall be deposited into an account of the Association (which
need not be a segregated account) no later than the termination of the Declarant
Control Period. Funds deposited in said account may be used to fund
replacement reserves or for operations of the Property or the Association.
Upon the closing of the initial sale of a Unit, Declarant may reimburse itself
from funds collected from the purchaser at the closing for any prior
contributions made by Declarant to any reserve fund with respect to that Unit.
6.6 Liability of Owners for Assessments. The obligation of an Owner to pay
Assessments shall commence at the later of (i) the time at which the Owner
acquires title to the Unit, or (ii) the due date of the first Assessment levied by
the Board. The Owner at the time an Assessment is payable with respect to the
Unit shall be personally liable for the share of the Common Expenses assessed
against such Unit. Such liability shall be joint and several where there are
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multiple Owners of the Unit. Subject to Section 6.7, the Iiability is absolute
and unconditional and no Owner is exempt from liability for payment of
Assessments by right of setoff, by waiver of use or enjoyment of any part of
the Property, by absence from or abandonment of the Unit, by the waiver of
any other rights, or by reason of any claim against the Declarant, the
Association or its officers, directors or agents, of for their failure to fulfill any
duties under the Governing Documents or the Act.
6.7 Declarant's Liability for Assessments. The Declarant intends to utilize the
alternate common expense plan provided for in Minn. Stat. section 51513.3-
1151 beginning upon recordation of this Declaration. Pursuant to Section
51513.3-1151(a) of the Act, the Declarant's liability for Assessments shall be
subject to the following limitations:
(a) If a common expense assessment has not been levied by the
association, the Declarant shall pay all common expenses of the
common interest community, including the payment of the replacement
reserve component of the common expenses for all units.
(b) If a common expense assessment has been levied by the association, all
unit owners, including the Declarant, shall pay the assessments levied
against their units, except as follows:
(c) The Declarant's common expense liability, and the corresponding
assessment lien against the units owned by the Declarant, is limited to:
(A) paying when due, in compliance with subsection Minn. Stat.
Section 51513.3-1151 (b), an amount equal to the full share of the
replacement reserves allocated to units owned by the Declarant, as set
forth in the association's annual budget; and (B) paying when due all
accrued expenses of the common interest community in excess of the
aggregate assessments payable with respect to units owned by persons
other than a Declarant provided, that the alternate common expense
plan shall not affect the Declarant's obligation to make up any
operating deficit pursuant to the Act, and shall terminate upon the
termination of the period of Declarant control unless terminated earlier
pursuant to the Act. The alternate common expense plan will have no
effect on the level of services or amenities anticipated by the
association's budget contained in the disclosure statement.
6.8 Assessment Lien. The Association has a lien on a Unit for any Assessment
levied against that Unit from the time the Assessment becomes due. If an
Assessment is payable in installments, the full amount of the Assessment is
a lien from the time the first installment thereof becomes due. Fees,
charges, late charges, fines and interest charges imposed by the Association
pursuant to Section 515B.3 -102(a)(10), (11) and (12) of the Act are liens, and
are enforceable as Assessments, under this Section 6. Recording of the
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Declaration constitutes record notice and perfection of any lien under this
Section 6, and no further recordation of any notice of or claim for the lien is
required. The release of the lien shall not release the Owner fiom personal
liability unless agreed to in writing by the Association.
6.9 Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed
against a Unit under the laws of the state of Minnesota (i) by action, or (ii) by
advertisement in a like manner as a mortgage containing a power of sale. The
Association, or its authorized representative, shall have the power to bid in at
the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit
so acquired. The Owner and any other Person claiming an interest in the Unit,
by the acceptance or assertion of any interest in the Unit, grants to the
Association a power of sale and full authority to accomplish the foreclosure.
The Association shall, in addition to its other remedies, have the right to
pursue any other remedy at law or in equity against the Owner who fails to pay
any Assessment or charge against the Unit.
6.10 Lien Priority; Foreclosure. A lien for Assessments is prior to all other liens
and encumbrances on a Unit except (i) liens and encumbrances recorded
before the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for
real estate taxes and other governmental assessments or charges against the
Unit. Notwithstanding the foregoing, if (1) a first mortgage on a Unit is
foreclosed, (2) the first mortgage was recorded on or after the date of
recording of this Declaration, and (3) no Owner redeems during the Owner's
period of -redemption provided by Minnesota Statutes Chapters 580, 581, or
582; then the holder of the sheriffs certificate of sale fiom the foreclosure of
the first mortgage shall take title to the Unit subject to a lien in favor of the
Association for unpaid Assessments or installments thereof levied pursuant to
Sections 515B.3 -1151(a), (e)(1) to (3), (f), and (i) of the Act which became
due, without acceleration, during the six months immediately preceding the
first day following the end of the Owner's period of redemption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments,
and other charges and fees which may be levied against the Common
Elements by governmental authorities, shall be allocated among and levied
against the Units based upon their respective percentage interests in the
Common Elements as set forth in Exhibit B, and shall be a lien against each
Unit in the same manner as a lien for real estate taxes and special
assessments levied against the Unit alone.
6.12 Voluntary Conveyances; Statement of Assessments. In a voluntary
conveyance of a Unit the buyer shall not be personally liable for any unpaid
Assessments and other charges made by the Association against the seller or
the seller's Unit prior to the time of conveyance to the buyer, unless expressly
assumed by the buyer. However, the lien of such Assessments shall remain
against the Unit until released. Any seller or buyer shall be entitled to a
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statement, in recordable form, from the Association setting forth the amount
of the unpaid Assessments against the Unit, including all Assessments
payable in the Association's current fiscal year, which statement shall be
binding on the Association, seller and buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Tenants, and all Mortgagees and other secured parties, by their
acceptance or assertion of an interest in the Property, or by their occupancy of part or all of a
Unit, covenant and agree that, in addition to any other restrictions which may be imposed by
the Act, the Governing Documents, or the Rules and Regulations, the occupancy, use,
operation, alienation and conveyance of the Property shall be subject to the following
restrictions:
7.1 General. The Property shall be owned, conveyed, encumbered, leased, used
and occupied subject to the Governing Documents and the Act, as amended
from time to time. All covenants, restrictions and obligations set forth in the
Governing Documents are in furtherance of a plan for the Property, and shall
run with the Property and be a burden and benefit to all Owners and Tenants
and to any other Person acquiring or owning an interest in the Property, their
heirs, personal representatives, successors and assigns. The Property shall be
used for private uses, except as otherwise approved by the Board. Except as
provided herein and in the Act, there shall be no restrictions on the use,
occupancy, alienation or sale of units.
7.2 Subdivision or Conversion. (i) a unit or units that are not owned exclusively
by a declarant or the association may not be subdivided into two or more
units or combined into a lesser number of units, or (ii) a unit or units owned
exclusively by a declarant or the association may be subdivided, combined,
or converted into one or more units, limited common elements, common
elements, or a combination of units, limited common elements or common
elements.
Except as permitted by this Declaration, no Unit, nor any part of the Common
Elements, may be subdivided, partitioned or converted without the prior written
approval of all Owners and all Mortgagees.
7.3 Permitted Uses and Restrictions. The Property shall be used for (i)
vehicle storage, including but not limited to the storage of automobiles,
motorcycles, recreational vehicles, all terrain vehicles and snowmobiles, (ii)
business-related storage and related office uses permitted by City ordinances
or by agreement with the City, and approved by the Board, and (iii) other non-
residential uses permitted by City ordinances or by agreement with the City,
and approved by the Board.
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7.4 Leasing. Leases of Units shall be permitted, subject to the following
conditions: (i) the Tenant's use shall comply with Section 7.3, (ii) no Unit
may be subleased, (iii) a Unit must be leased in its entirety (not in part or by
room), (iv) all leases shall be in writing, and (v) all leases shall provide that
they are subject to the Governing Documents, the Rules and Regulations and
the Act, and that any failure of the Tenant to comply with the teens of such
documents shall be a default under the lease. The Owner of the leased Unit
shall, upon request of the Board, provide a copy of the signed lease to the
Association.
7.5 Parkin. Subject to the provisions of this Section, surface parking areas
located on the Common Elements shall be available for parking by all Owners
and Tenants, and their guests; provided however that no overnight parking on
the Common Elements shall be allowed. The Board may establish
reasonable Rules and Regulations governing the use of the surface parking
areas, including but not limited to the assignment of a limited number of parking
spaces for the use of handicapped persons, or for the use of the Owners or
Tenants of a particular Unit or owners or employees of businesses located
within a Unit; provided, (i) that if parking spaces are assigned, they shall be
assigned in a uniform, fair and equitable manner, and (ii) that handicapped spaces
shall be reserved in accordance with law. Storage or prolonged parking of
vehicles, trailers or other transportation devices in surface parking areas, or the
exterior storage of personal property of any type, is prohibited unless (i)
authorized by the Board and (ii) in compliance with City ordinances.
7.6 Animals. The Board shall have the exclusive authority to prohibit, or to allow
and regulate, the bringing of animals on the Property, or to require and enforce
removal of animals that exhibit behavioral problems whose owners fail or
refuse to comply with pet restrictions. This authority may be exercised so as to
permit or prohibit different types or breeds of animals, but those animals which
are permitted (if any) shall be limited to common domestic dogs and cats.
However, no animal may be bred, or kept or maintained for business or
commercial purposes, anywhere on the Property. The word "animal" shall be
interpreted in its broadest sense and shall include all living creatures except
humans. Notwithstanding the foregoing, no provision of the Governing
Documents, nor any Rule or Regulation, may prohibit the keeping of a qualified
service dog or similar animal by a person who is handicapped within the
meaning of the Fair Housing Amendments Act of 1988 or comparable state
law.
7.7 Signs. Signs or other displays of any type may be erected (i) only at
locations established by the Declarant or subsequently approved by the Board,
(ii) in compliance with City sign ordinances and the design standards
established for the Property by the Declarant, and (iii) approved pursuant to
Section 8. All signs or other displays shall be subject to prior approval by
the Declarant so long as Declarant owns a Unit for sale or has the right to
add Additional Real Estate to the Property.
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7.8 Exterior Lighting. The location, size, color and design of all lighting fixtures
or similar equipment used or shown outside of a building must be (i) in
compliance with City lighting requirements, (ii) consistent with the design
standards established for the Property by the Declarant and (iii) approved
pursuant to Section 8.
7.9 Outdoor Activities. Outdoor activities on the Property, such as
promotional events, gatherings, demonstrations, displays or other activities
which have the potential to materially affect any easement or use rights, cause
a nuisance or material disturbance, create a safety or health hazard, or create
material liability for the Association or any Member, shall be subject to
approval by the Board. In determining whether to authorize an activity, the
Board shall, at minimum, take into consideration the security of the
Property, the potential for disturbance or damage to the Property, the
potential liability for the Association or any Member, the health and safety of
Persons occupying or using the Property, and whether the activity
unreasonably impairs any easement or other authorized use of the Property.
7.10 Quiet Enjoyment: Interference Prohibited. All Owners and Tenants and
their guests shall have a right of quiet enjoyment in their respective Units,
subject to the usual and customary sounds, odors or activities commonly
associated with occupants such as those located in the Units. Subject to the
foregoing, the Property shall be occupied and used in such a manner as will not
cause a nuisance, nor unduly restrict, interfere with or impede the reasonable use
and quiet enjoyment of the Property by other Owners and Tenants and their
guests.
7.11 Compliance with Law. No use shall be made of the Property which would
violate any then existing municipal codes or ordinances, or state or federal
laws, nor shall any act or use be permitted which could cause waste to the
Property, cause a material increase in insurance rates on the Property, or
otherwise cause any unusual liability, health or safety risk, or expense, for the
Association or any Owner or Tenant.
7.12 Ponds, Wetlands and Trees. Marshes, wetland areas, vegetation and trees,
whether natural or otherwise, shall be maintained in substantially the same
condition as originally existing or established by the Declarant, subject only to
(i) changes authorized or made by the Association consistent with all statutes,
requirements, rules and regulations imposed on such areas and items by
governmental authorities having jurisdiction and (ii) the prior approval by the
City or any other governmental authorities, if required.
7.13 Time Shares Prohibited. The time share form of ownership, or any
comparable form of lease, occupancy rights, ownership, or right -to -use
plans, which has the effect of dividing the ownership or occupancy of a Unit
into separate time periods, is prohibited.
7.14 Access to Units. In case of emergency, all Units and Limited Common
15
Elements are subject to entry, without notice and at any time, by an officer or
member of the Board, by the Association's management agents. Entry is also
authorized for maintenance purposes under Section 9, and for enforcement
purposes under Section 13.
SECTION 8
ARCHITECTURAL STANDARDS
8.1 Restrictions on Improvements. One of the purposes of this Declaration is
to ensure that the Property is kept architecturally attractive and substantially
uniform in appearance. Therefore, except as set forth in Section 8.5, the
following restrictions and requirements shall apply to improvements to the
Property:
(a) Subject to applicable state and federal law and this Section 8,
no modifications, alterations, improvements, repairs or replacements
of any type, temporary or permanent, structural, aesthetic or
otherwise (collectively referred to as "improvements"), including
but not limited to, any structure, building, addition, deck, patio, fence,
wall, enclosure, window, exterior door, antenna or other type of sending
or receiving apparatus, sign, display, decoration, color change,
shrubbery, material topographical or landscaping change, shall be
made, or caused or allowed to be made, by any Owner or Tenant, or
their invitees, in any part of the Common Elements, or in any part of
the Unit which affects the Common Elements or another Unit, or which
is visible from the exterior of the Unit, without the prior written
authorization of the Board, or an architectural committee appointed by it,
and in compliance with the requirements of this Section. Declaranfs
written consent shall also be required for improvements until such time
as Declarant no longer owns any Unit for initial sale or has the right
to add Additional Real Estate to the Property.
(b) The Board may appoint, supervise and disestablish an architectural
committee, and specifically delegate to it part or all of the functions
which the Board exercises under this Section 8, in which case the
references to the Board shall refer to the architectural committee where
appropriate. The architectural committee shall be subject to the
supervision of the Board.
(c) The Board shall establish the criteria for approval of improvements,
which shall include and require, at a minimum:
(i) substantial uniformity of color, location, type and design in
relation to existing buildings and topography,
(ii) comparable or better quality of materials as used in any existing
improvement on the Property,
16
(iii) ease of maintenance and repair,
(iv) adequate protection of the Property, the Association, Owners and
Tenants fiom liability and liens arising out of the proposed
improvements, and
(v) compliance with governmental laws, codes and regulations.
The Board, or the appointed architectural committee if so authorized by the Board,
has the right to establish such additional criteria, architectural or otherwise, as it
deems appropriate, and shall be the sole judge of whether such criteria are satisfied.
(d) Approval of improvements which immaterially encroach upon
another Unit or the Common Elements shall create an
appurtenant easement for such encroachment in favor of the Unit
with respect to which the improvements are approved, notwithstanding
any contrary requirement in the Governing Documents or the Act. A
file of the Board resolutions approving or denying all applications for
improvements shall be maintained permanently as a part of the
Association's records.
(e) Improvements made within the boundaries of a Unit, as defined in
Section 2.2, or to its Limited Common Elements may be made without
approval by the Board, provided that such improvements do not impair
the structural or weather -tight integrity of the Common Elements,
interfere with utilities or building operating systems or violate
applicable governmental laws, codes or regulations.
The Board shall have the authority to approve and implement such reasonable Rules and
Regulations as it deems necessary fiom time to time for the purpose of restricting interior
improvements to a Unit or its Limited Common Elements which may impair the
structural or weather -tight integrity of the Common Elements, interfere with utilities or
building operating systems or violate applicable governmental laws, codes or
regulations. To the extent interior improvements to a Unit or its Limited Common
Elements involve electrical work, such electrical work must be performed by a licensed
electrician.
8.2 Review Procedures. The following procedures shall govern requests for
improvements under this Section:
(a) Detailed plans, specifications and related information regarding
any proposed improvement, in form and content acceptable to the
Board, shall be submitted to the Board and to Declarant (if applicable)
at least sixty days prior to the projected commencement of
construction. No improvements shall be commenced prior to
approval.
(b) The Board and Declarant (if applicable) shall give the Owner
17
written notice of approval or disapproval. If the Board and Declarant
(if applicable) fail to give notice of approval or disapproval within
sixty days after receipt of said plans and specifications and all other
information requested by the Board and Declarant (if applicable),
then approval shall be deemed to be granted; provided, that the
improvements are done in accordance with the plans,
specifications and related information which were submitted.
(c) If no request for approval is submitted, approval shall be deemed
to be denied.
8.3 Remedies for Violations. The Association may undertake any measures,
legal, equitable or administrative, to enforce compliance with this Section
and shall be entitled to recover fiom the Owner causing or permitting the
violation all attorneys' and other professional fees and costs of enforcement
incurred by the Association, regardless of the type of action taken (if any).
Such attorneys' fees and costs shall be a lien against the Owner's Unit and a
personal obligation of the Owner. In addition, the Association shall have the
right to enter the Owner's Unit and to restore any part of a building or Unit to its
prior condition if any improvements were made in violation of this Section, and
the cost of such restoration shall be a personal obligation of the Owner and a
lien against the Owner's Unit.
8.4 Owner Responsibilityftdemnity. The Owner who causes an improvement to
be made, regardless of whether the improvement is approved by the Board,
shall be responsible for the construction work and any claims, damages,
losses or liabilities arising out of the improvements. The Owner shall hold
harmless, indemnify and defend the Association, and its officers, directors and
committee members, fiom and against any expenses, claims, damages, losses
or other liabilities, including without limitation attorneys' fees and costs of
litigation, arising out of (i) any improvement which violates any governmental
laws, codes, ordinances or regulations, (ii) the adequacy of the specifications
or standards for construction of the improvements and (iii) the construction
of the improvements.
8.5 Exemptions. The requirements set forth in this Section 8 shall not apply to
original construction by Declarant or its affiliates in connection with its
completion and sale of the Units.
SECTION 9
MAINTENANCE AND REPAIR
9.1 Association Obligations. Subject to Section 9.2, the Association shall provide
for all maintenance, repair or replacement (collectively referred to as
"maintenance") of the Common Elements, and Limited Common Elements,
including any improvement thereto, subject to the following qualifications or
additions:
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(a) The Association shall maintain garage doors, excluding garage door
hardware, openers, and weather-stripping.
(b) The cost of maintenance, repair or replacement of part or all of a
Limited Common Element shall be assessed against the Unit or Units
to which the Limited Common Element is allocated in accordance with
Section 6.4(a).
(c) The cost of maintenance, repair or replacement of a part of the
Common Elements which benefits only a certain Unit or Units, may be
assessed against the Unit or Units benefited in accordance with Section
6.4(b).
(d) The Association may assign to an Owner the obligation for
maintenance of a Limited Common Element allocated to the Owner's
Unit and impose standards for the maintenance. However, if the
Owner fails to perform the maintenance to the standards established
by the Association, the Association may enter the Limited Common
Element, perform the maintenance and assess the Owner's Unit for the
costs.
(e) The Association may elect to maintain, repair or replace mechanical,
structural or other components within the Units and assess the costs
against the Unit, if the failure or impairment of the component could
result in damage to the Common Elements or other Units, impair the
function of any common building system, or create a health or safety
hazard.
(f) The Association shall be responsible for incidental damage caused
to a Unit or its Limited Common Elements by work undertaken by the
Association pursuant to this Section.
(g) If damage is caused to the Common Elements, Limited Common
Elements or other Units by an Owner or Tenant, or their guests, or by
any condition in the Unit or Limited Common Elements which the
Owner or Tenant has caused or allowed to exist, then the Association
may repair the damage or correct the condition and assess the cost
thereof against the responsible Owner's Unit.
9.2 Owner Obligations. Each Owner shall, at its expense, undertake the
following obligations for maintenance, repair and replacement:
(a) To maintain, repair, and replace (i) the Owner's Unit; and (ii) any
Limited Common Elements allocated to the Unit except to the
extent maintained by the Association. The Units and Limited
Common Elements shall be kept in good, clean and sanitary condition
and repair.
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(b) The Owner or Owners of adjacent Units that are separated by a
Common Element space within which a wall is not constructed shall
maintain that Common Element space and keep that Common
Element space in good, clean, and sanitary condition. Damage to that
Common Element space may be repaired by the Association under
Section 9.1(g). The obligations under this Section 9.2(b) shall he joint
and several if the adjacent Units are not owned by the same Person.
(c) To perform its maintenance obligations promptly and in such
manner as not to damage the Property, nor unreasonably disturb or
cause a hazard to persons occupying or otherwise using the Property.
The Board may require that the Owners perform their maintenance
obligations in accordance with reasonable standards established
by the Board and in a manner consistent with the Declarant's design
plan for the common interest community.
(d) To promptly pay or reimburse the Association for any costs
incurred by the Association for the repair of any damage to the
Common Elements, Limited Common Elements or other Units, caused
by an Owner or Tenant, or their guests, or caused by any condition in
the Unit or Limited Common Elements which the Owner or Tenant
has allowed to exist.
(e) If an Owner fails or refuses to perform the Owner's duty to
maintain, repair or replace, the Association shall have authority to
undertake the necessary work and assess the Owner's Unit for the
cost thereof; provided that reasonable notice and an opportunity to
cure the violation shall first be given to the Owner.
9.3 Optional Maintenance by Association. In addition to the maintenance
described in Section 9.1, the Association may, with approval of the Board,
undertake to provide additional maintenance to the Units.
SECTION 10
INSURANCE
10.1 Association Insurance. The Association shall obtain and maintain the
following insurance relating to the Property:
(a) The Association shall, at a minimum, maintain property insurance in
broad form, and bare wall coverage or all in coverage, covering all
risks of physical loss in an amount equal to one hundred percent of the
insurable "replacement cost" of the Property, less deductibles; but
excluding (i) land, footings, excavation and other items normally
excluded from coverage, and (ii) items such as ceiling or wall
20
finishing materials, floor coverings, plumbing, lighting and other
interior fixtures, built-in equipment, business equipment, or any other
improvement or betterment installed within the Units. The policy or
policies shall also cover personal property owned by the
Association. The policy or policies shall also contain "Inflation
Guard" and "Agreed Amount" endorsements, if reasonably
available. The Association may enter into an agreement with a
Mortgagee or a guarantor, insurer or servicer of a mortgage,
obligating the Association to keep other coverages or endorsements
in effect. The Association may also enter into agreements among all
Owners as to the allocation of insurance proceeds among their Units.
(b) Commercial general liability insurance covering the use, operation
and maintenance of the Common Elements, with minimum limits of
one million dollars per occurrence, against claims for death, bodily
injury and property damage, and such other risks as are customarily
covered by such policies for projects similar in construction,
location and use to the Property. The policy shall contain a
"severability of interest" endorsement which shall preclude the
insurer from denying the claim of an Owner or Tenant because of
negligent acts of the Association or other Owners or Tenants.
(c) Such other types and amounts of insurance as may be determined by
the Board to be necessary or desirable, including but not limited to
officers and directors' liability insurance, workers' compensation
insurance, and insurance or fidelity bonds covering dishonest acts
by those Persons having control or custody of the Association's
funds.
10.2 Cancellation, Notice of Loss.All policies of property insurance and
Comprehensive liability insurance maintained by the Association shall
provide that .the policies shall not be canceled or substantially modified, for
any reason, without at least thirty days' prior written notice to the
Association, the insureds and all Eligible Mortgagees.
10.3 Conflicts with Act. In the event of a conflict between this Section 10 and
the Act, this Section 10 shall control, it being the intention of Declarant
that the Association and the Owners shall have authority and discretion to
deal with the unique insurance needs associated with the uses of the Units
and the requirements of Mortgagees.
10.4 Owners' Insurance/Indemnity. Each Owner shall obtain and maintain
the following insurance and provide the described indemnities:
(a) Property insurance insuring any insurable improvement within
the Owner's Unit for the full insurable replacement value of such
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improvement.
(b) Commercial general liability insurance covering the Owner's Unit, and
the activities of the Owner, and its officers, directors, employees
and agents in connection with the Owner's occupancy, operation,
management and use of the Unit, including any additional coverages
customarily carried for unique or hazardous activities arising out of
a business or activities conducted on the Unit. Said liability
insurance shall be in the minimum amounts of (i) $1,000,000 for an
accident affecting more than one person in or resulting from one
occurrence and (ii) $1,000,000 property damage for each
occurrence. Each Owner shall, upon request of the Association or
any other Owner, furnish a certificate or certificates of such
insurance.
(c) Each Owner shall hold harmless, indemnify and defend the
Declarant, other Owners and the Association, and their respective
officers, directors and employees, from and against all claims,
actions, damages and other liabilities, including attorneys' fees and
costs, arising out of incidents occurring within such Owner's Unit or
arising out of the conduct of the Owner or Tenants of the Unit
or their employees, agents, contractors and guests, unless caused
by the intentional or negligent act or omission of the party to be
indemnified.
(d) The Owner's insurance shall be primary as against the
Association's insurance for damages to any interior improvement
to the Units, and there shall be no right of contribution against the
Association's insurance.
SECTION 11
RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION
11.1 Reconstruction. The obligations and procedures for the repair,
reconstruction or disposition of the Property following damage or destruction
thereof shall be governed by the Act. Any repair or reconstruction shall be
commenced as soon as practicable after the casualty and shall be
substantially in accordance with the plans, specifications and design of the
Property as initially constructed and subsequently improved.
11.2 Eminent Domain. In the event of a taking of any part of the Property
by condemnation or eminent domain, the provisions of the Act shall govern;
provided, (i) that notice shall be given as provided in Section 11.4 and 17.4,
(ii) that the Association shall be the attorney-in-fact to represent the
Owners in any related proceedings, negotiations, settlements or
agreements and (iii) that any awards or proceeds shall be payable to the
22
Association for the benefit of the Owners and the Mortgagees of their Units,
as their interests may appear.
11.3 Termination and Liquidation. The termination of the common interest
community, and the distribution of any proceeds therefrom, shall be
governed by the Act, except that any distributions shall be allocated based
upon the value of the Units as unanimously agreed upon by the Owners, or by
appraisers agreed upon in writing by a majority of the Owners and
Mortgagees, and shall be made to Owners and their Mortgagees as their
interests may appear.
11.4 Notice. The Association shall give written notice of any
condemnation proceedings or substantial destruction of the Property to the
Mortgagees within ten business days after the casualty or first legal notice of
condemnation.
11.5 Association's Authority. In all cases involving reconstruction,
condemnation, eminent domain, termination or liquidation of the common
interest community, the Association may (i) act on behalf of the Owners in
all proceedings, negotiations and settlement of claims, or (ii) delegate the
authority to act to an Owner or Owners of the affected Units if the
casualty affects fewer than all Units. If such authority is retained and
exercised by the Association, then all proceeds shall be payable to the
Association to hold and distribute for the benefit of the Owners and their
Mortgagees. Mortgagees are entitled to priority for awards and distributions in
accordance with the priorities established by the Act and their mortgage loan
documents, as their interests may appear.
SECTION 12
EASEMENTS
The following appurtenant easements and rights are hereby granted, conveyed,
dedicated and reserved on, over, under and across the Property, as applicable.
12.1 Access. Each Unit shall be the beneficiary of a nonexclusive easement for
access to and from public roadways and walkways on and across those
portions of the Common Elements designated for use as roadways, driveways
or walkways, as originally constructed, shown on the Plat or otherwise
designated by the Association, subject to any restrictions authorized by (i) the
Governing Documents or the Rules and Regulations, or (ii) any governmental
authority.
12.2 Use and Enjoyment. Each Unit shall be the beneficiary of
nonexclusive easements for use and enjoyment on and across the
Common Elements and any Limited Common Element allocated to the
Units, subject to any restrictions authorized or imposed by the Governing
23
Documents.
12.3 Structural Support. Each Unit and the Common Elements shall be subject
to and the beneficiary of nonexclusive easements for structural support in
all walls, columns, joists, girders and other structural components located in
or passing through another Unit or other parts of the buildings, or shared
with an adjoining Unit or the Common Elements.
12.4 Encroachments. Each Unit and the Common Elements, and the rights of
the Owners and Tenants therein, shall be subject to a nonexclusive
easement in favor of the adjoining Units for encroachments caused by the
construction, reconstruction, repair, shifting, settlement or movement of any
part of the Property, and for any improvement which is added in compliance
with Section 8. if there is an encroachment upon another Unit or the
Common Elements, as a result of any of the aforementioned causes, an
easement shall exist for the encroachment, for the use, enjoyment and
habitation of any encroaching Unit or improvement, and for the
maintenance thereof. Any improvement added pursuant to Section 8 shall
be limited to minor encroachments, and no easement shall exist unless the
proposed improvement has been approved and constructed as required by
this Declaration. Such easements shall continue for as long as the
encroachment exists and shall not affect the marketability of title.
12.5 Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the
rights of the Owners and Tenants thereof, and the Common Elements and
Limited Common Element, shall be subject and benefited by a nonexclusive
easement in favor of the Association for the maintenance, repair,
replacement and reconstruction of the Common Elements, Units and any
improvements related thereto, and utilities serving the Units, to the extent
necessary to fulfill the Association's obligations under the Governing
Documents. Each Owner shall afford to the Association and its
management agents and employees, access at reasonable times and upon
reasonable notice, to and through the Unit and its Limited Common
Elements for maintenance, repair and replacement; provided that access
may be had without notice and at any time in case of emergency.
12.6 Utilities and Services. The Common Elements and the Units shall be
subject to and benefited by nonexclusive easements in favor of the
Association, the City and all utility companies and other service providers
for the installation, use, maintenance, repair and replacement of all
utilities, services and common operating systems, such as natural gas,
electricity, cable TV and other electronic communications, water, sewer,
septic systems, wells, and similar services, fire control systems and other
common operating systems, and metering and control devices, which exist,
which are constructed as part of the development of the Property which are
approved by the City, which are approved by the Association under
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authority contained in the Governing Documents or the Act, or which are
described or referred to in the Plat, this Declaration or other recorded
instruments. Each Unit, and the rights of the Owners and Tenants thereof,
shall also be subject to and benefited by a non-exclusive, easement in favor
of the other Units, the Common Elements and the Association for all such
utilities, services, fire control systems and other common operating
systems. Utilities and related services or systems shall be installed, used,
maintained and repaired so as not to interfere with the use and quiet
enjoyment of the Units by the Owners and Tenants, nor affect the
structural or architectural integrity of the buildings, Units or any Common
Element improvement.
12.7 Emergency Access to Units. In case of emergency, all Units and
Limited Common Elements are subject to an easement, without notice and at
any time, in favor of the Association for access by the Association's
management agents, and in favor of fire, police or other public safety
personnel.
12.8 Project Signs, Declarant and the Association shall have a non-exclusive
easement and right to erect and maintain temporary and permanent signs
and related monuments identifying the common interest community on the
Common Elements and on Units owned by the Declarant. Those pants of the
Property on which monument signs or any related decorative improvement is
located shall be subject to non-exclusive easements in favor of the
Association for the continuing use, maintenance, repair and replacement of
said signs and any improvements.
12.9 Declarant's Easements. The Units and Common Elements are subject
to exclusive easements in favor of the Declarant for the exercise of its
Declarant rights as described in the Governing Documents.
12.11 Other Easements. The Property shall be subject to such easements as may
be recorded against the Property by reason of the City's requirements in
connection with the development of the Property.
12.12 Conservation Easement. The City and other applicable governmental
authorities or agencies that have jurisdiction over the Property may have a
non-exclusive easement on and across the Common Elements for reasonable
access to and maintenance of any ponds and wetlands located on the
Property.
12.13 Continuation. Scope and Conflict of Easements. The easements set forth in
this Section (i) shall run with the land and shall be appurtenant to the
benefited Property, (ii) shall supplement and not limit any easements
described elsewhere in this Declaration, or otherwise recorded, (iii) shall be
permanent, subject only to termination in accordance with the terms of the
easement, and (iv) shall include reasonable access to the easement areas
25
over and through the Property for purposes of construction, maintenance,
repair, replacement and reconstruction.
12.14 Non Interference; Impairment Prohibited. All Persons exercising easement
rights shall do so in a reasonable manner so as not to materially interfere
with the operation of the Property or damage to the Property, and shall be
financially liable for all costs of repair of any part of the Property which is
damaged by the Person's exercise of the easement rights. No Person shall
impair, obstruct or cause damage to any easement area, or any improvement
or equipment installed therein. Notwithstanding anything in this
Declaration to the contrary, no Owner or Tenant shall be denied reasonable
access to his or her Unit or the right to utility services thereto.
12.15 Benefit of Easements. All easements benefiting a Unit shall benefit the
Owners and Tenants of the Unit, and their guests. However, an Owner who
has delegated the right to occupy the Unit to an Tenant or Tenants, whether
by a lease or otherwise, does not have the use and other easements rights in
the Property during such delegated occupancy, except (i) as a guest of an
Owner or Tenant or (ii) in connection with the inspection of the Unit or
recovery of possession of the Unit pursuant to law.
SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Tenant, and any other Person owning or acquiring any interest in
the Property, shall be governed by and comply with the provisions of the Act, the
Governing Documents, the Rules and Regulations, and such amendments thereto as may
be made from time to time, and the decisions of the Association. A failure to comply shall
entitle the Association to the relief set forth in this Section, in addition to the rights and
remedies authorized elsewhere by the Governing Documents or the Act.
13.1 Entitlement to Relief. Legal relief may be sought by the Association,
at its discretion, against any Owner, or by an Owner against the
Association or another Owner, to enforce compliance with the Governing
Documents, the Rules and Regulations, the Act or the decisions of the
Association. However, no Owner may withhold any Assessments payable to
the Association, or take or omit other action in violation of the Governing
Documents, the Rules and Regulations or the Act, as a measure to enforce
such Owner's position, or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or
implied, administrative or legal, the Association shall have the right (or the
obligation if so indicated) to implement any one or more of the following
actions against Owners and Tenants and/or their guests, who violate the
provisions of the Governing Documents, the Rules and Regulations or the
Act:
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(a) Commence legal action for damages or equitable relief in any court
of competent jurisdiction.
(b) Impose late charges, in an amount set by the Board from time to
time, for each Assessment or installment thereof past due more than
thirty days, and impose interest at the highest rate permitted by
law accruing beginning on the first day of the month after the
Assessment or installment was due. In the absence of a Board
resolution establishing a late charge, the late charge shall be one
hundred dollars for each late payment and shall be automatically
imposed.
(c) In the event of default of more than thirty days in the payment of
any Assessment or installment thereof, all remaining installments
of Assessments levied against the Unit owned by the defaulting
Owner, together with any late payment charges, interest, attorneys'
and other professional fees and costs of collection, may be accelerated
by the Board and shall then be payable in full if not paid within ten
days after receipt of notice from the Association.
(d) Impose reasonable fines, penalties or charges for each violation of the
Act, the Governing Documents or the Rules and Regulations.
(e) Restore any portions of any Common Elements, Unit, or Limited
Common Eleinents damaged or altered, or allowed to be damaged or
altered, by any Owner or Tenant or their guests in violation of the
Governing Documents, and to assess the cost of such restoration
against the responsible Owners and their Units.
(f) Enter any Unit or Limited Common Element in which a violation
or breach of the Governing Documents or the Rules and Regulations
exists which materially affects, or is likely to materially affect in the
near future, the health or safety of the other Owners or Tenants, or
their guests, or the safety or soundness of any other part of the
Property or the property of the Owners or Tenants, and to
summarily abate and remove, at the expense of the offending Owner
or Tenant, any structure, thing or condition in the Unit or Limited
Common Elements which is causing the violation; provided, that any
improvement which is a part of a Unit may he altered or removed only
pursuant to a court order or with the agreement of the Owner.
(g) Foreclose any lien arising under the provisions of the
Governing Documents or under law, in the manner provided by the
Act and Section 6.
13.3 Rights to Hearing_ Before the imposition of any of the remedies
27
authorized by Section 13.2(d), 13.2(e) or 13.2(f), the Board shall, upon
written request of the offender, grant to the offender an opportunity for a
fair and equitable hearing as contemplated by the Governing Documents and
the Act. The offender shall be given notice of the nature of the violation and
the right to a hearing, and at least ten days within which to request a hearing.
The hearing shall be scheduled by the Board and held within thirty days of
receipt of the hearing request by the Board, and with at least ten days
prior written notice to the offender. If the offender fails to timely request a
hearing or to appear at the hearing, then the right to a hearing shall be
waived and the Board may take such action as it deems appropriate. The
decision of the Board and the rules for the conduct of hearings established
by the Board shall be final and binding on all parties. The Board's
decision shall be delivered in writing to the offender within ten days
following the hearing, if not delivered to the offender at the hearing. If the
Board delegates the hearing duties described in this Section to a committee,
then references in this Section to the Board's hearing duties shall refer to
the committee.
13.4 Lien for Chargees, Penalties Etc. Any charges, fines, expenses, penalties,
interest or other impositions under this Section shall be a lien against the
Unit of the Owner or Tenant against whom the same are imposed and the
personal obligation of such Owner in the same manner and with the same
priority and effect as Assessments under Section 6. The lien shall attach as
of the date of imposition of the remedy, but shall not be final as to violations
for which a hearing is held until the Board makes a written decision at or
following the hearing. All remedies shall be cumulative, and the exercise of,
or failure to exercise, any remedy shall not be deemed a waiver of the
Association's right to pursue any others.
13.5 Costs of Proceeding and Attorneys' Fees. With respect to any
collection measures, or any measures or action, legal, administrative, or
otherwise, which the Association takes pursuant to the provisions of the
Act, Governing Documents or Rules and Regulations, whether or not
finally determined by a court or arbitrator, the Association may assess the
Unit owned by the violator with any expenses incurred in connection
with such enforcement, including without limitation fines or charges
previously imposed by the Association, reasonable attorneys' fees and other
professional fees, and interest (at the highest rate allowed by law) on the
delinquent amounts owed to the Association. Such expenses shall also
include any collection or contingency fees or costs charged to the
Association by a collection agency or other Person acting on behalf of the
Association in collecting any delinquent amounts owed to the Association by
an Owner or Tenant. Such collection or contingency fees or costs shall be
the personal obligation of the Owner of the Unit and shall be a lien against
such Owner's Unit.
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13.6 Liability for Acts of Owners and Tenants. An Owner shall be liable for
the expense of any maintenance, repair or replacement of the Property
rendered necessary by such Owner's acts or omissions, or by that of Tenants
or guests in the Owner's Unit, to the extent that such expense is not covered
by the proceeds of insurance carried by the Association or such Owner or
Tenant. However, any insurance deductible amount and/or increase in
insurance rates, resulting from the Owner's acts or omissions may be
assessed against the Owner responsible for the condition and against his or
her Unit.
13.7 Enforcement by Owners. The provisions of this Section shall not limit or
impair the independent rights of Owners to enforce the provisions of the
Governing Documents, the Rules and Regulations, and the Act as provided
therein.
SECTION 14
SPECIAL DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
Declarant rights within the meaning of Section 515B.1 -103(33b) of the Act, and other
rights described in this statutory section, for as long as it owns a Unit, or for such shorter
period as may be specifically indicated:
14.1 Complete Improvements. To complete all the buildings, Units and any other
improvement indicated on the Plat, or otherwise included in Declarant's
development plans, or authorized by the City or the Declaration, and to make
improvements in the Units owned by the Declarant and Common Elements to
accommodate the exercise of any Declarant rights.
14.2 Add Additional Real Estate. To add Additional Real Estate to the Property
as described in Section 15.
14.3 Relocate Boundaries, Subdivide, Combine, Convert and Alter Units. To
relocate boundaries between Units, subdivide, combine and convert Units and
to otherwise alter Units owned by it, to the extent permitted by the Act and in
accordance with Section 15, as applicable.
14.4 Marketing Facilities. To construct, operate and maintain a sales office,
management office, models, and other development, sales and rental
facilities within the Common Elements, and within any Units owned or
leased by Declarant from time to time located anywhere on the Property or
the Additional Real Estate.
14.5 Signs. To erect and maintain signs and other sales displays offering the Units
for sale or lease, in or on any Unit owned by Declarant and on the Common
Elements or on the Additional Real Estate.
14.6 Easements. To have and use easements, for itself, its employees, contractors,
29
representatives, agents, prospective purchasers or other invitees through and
over the Common Elements and Limited Common Elements for the purpose of
exercising its Declarant rights.
14.7 Control of Association. To control the operation and administration of
the Association, including without limitation the power to appoint and remove
the members of the Board pursuant to Section 515B.3-103 of the Act, until the
earliest of. (i) voluntary surrender of control by Declarant, (ii) conveyance to
Owners other than Declarant of seventy-five percent of the total number of
Units authorized to be included in the Property or (iii) the date five years
following the date of the first conveyance of a Unit to an Owner other
than Declarant. Notwithstanding the foregoing, the Owners other than
Declarant shall have the right to nominate and elect not less than thirty-three
and one -thud percent of the directors at a meeting of the Owners which shall
be held within sixty days following the conveyance by Declarant of fifty
percent of the total number of Units authorized to be included in the Property.
14.8 Consent to Certain Amendments. Declarant's written consent shall be
required for any amendment to the Governing Documents or Rules and
Regulations so long as Declarant owns any Unit for initial sale or has the right
to add Additional Real Estate to the Property.
SECTION 15
RIGHTS TO ADD ADDITIONAL REAL ESTATE AND
SUBDIVIDE, COMBINE AND CONVERT UNITS
15.1 Additional Real Estate. Declarant hereby expressly reserves the right to
add the Additional Real Estate to the Property, by unilaterally executing and
recording a supplemental declaration pursuant to Section 515B.2- 111 of the
Act, subject to the following conditions:
(a) The right of Declarant to add the Additional Real Estate to the
common interest community shall terminate ten years after the date of
recording of this Declaration or upon earlier express written
withdrawal of such right by Declarant or a successor Declarant, unless
extended by a vote of the Owners pursuant to Section 515B.2 -
106(a)(2) of the Act. There are no other limitations on Declarant's
rights hereunder, except as may be imposed by law.
(b) The Additional Real Estate is described in Exhibit C attached hereto.
The Additional Real Estate may be added to the Property in
parcels consisting of one or more platted or unplatted parcels, or
portions thereof, and in any sequence.
(c) Declarant has no obligation to add the Additional Real Estate or
any part of it to the Property. If Declarant decides to add the
Additional Real Estate to the Property, there are no assurances as to
30
the times at which any part of the Additional Real Estate will be
added, the order in which it will be added, the number of Units per
phase or the size of the Units. The Additional Real Estate may be
developed by Declarant or its successors in interest for any purpose,
subject only to approval by the appropriate governmental
authorities.
(d) _ Declarant's good faith estimate of the number of the total units that
may be created within any additional real estate is or created by
subdivision or conversion of Units owned by the Declarant is 300.
All Units created on the Additional Real Estate shall be restricted
exclusively to non-residential use.
(e) The Units, buildings and any other improvement created upon
the Additional Real Estate will be compatible with the Units,
buildings and any other improvement which is initially a part of
the Property, in terms of general architectural style, quality of
construction, principal materials employed in construction; subject
to market conditions and governmental and lender requirements.
(f) All covenants and restrictions contained in this Declaration
affecting the use, occupancy and alienation of Units shall apply to all
Units created on the Additional Real Estate.
The statements made in this Section 15.1 shall not apply to any Additional Real
Estate which is not added to the Property.
15.2 Rights to Relocate Boundaries, or Subdivide, Combine or
Convert Units. Declarant shall have the following rights and authority
pursuant to Section 51513.2-112 of the Act with respect to Units owned by it:
(i) to relocate the boundaries of any Units; and (ii) to combine Units, or to
subdivide or convert Units and create additional Units, Common Elements
or Limited Common Elements therefrom. Other Owners shall have the right
to create additional Units by the subdivision of any Unit owned by them in
accordance with Section 515B.2-112 of the Act. The exercise of the
foregoing rights by Declarant shall be subject to the prior written consent of
the mortgagee identified on the Consent of Mortgagee attached to this
Declaration during the time that said mortgagee's mortgage is a lien against
any part of the Property; and provided further, that said consent shall not be
unreasonably withheld.
SECTION 16
AMENDMENTS
16.1 Approval Requirements. Except as otherwise provided herein, this
Declaration may be amended only by the approval of.
31
(a) The Board.
(b) Owners of Units to which are allocated at least sixty-seven percent of
the total votes in the Association.
(c) Declarant pursuant to Section 14.8.
16.2 Procedures. Approval of the Owners may be obtained in writing or at a
meeting of the Association duly held in accordance with the Bylaws. Consent
of the Declarant shall be in writing. Any amendment shall be subject to any
greater requirements imposed by the Act. The amendment shall be
effective when recorded as provided in the Act. An affidavit by the
Secretary of the Association as to the outcome of the vote, or the execution
of the foregoing agreements or consents, shall be adequate evidence thereof
for all purposes, including without limitation, the recording of the
amendment.
SECTION 17
MISCELLANEOUS
17.1 Severability. If any term, covenant, or provision of this instrument or any
exhibit attached hereto is held to be invalid or unenforceable for any
reason whatsoever, such determination shall not be deemed to alter, affect
or impair in any manner whatsoever any other portion of this Declaration or
exhibits attached hereto.
17.2 Construction. Where applicable, the masculine gender of any word used
herein shall mean the feminine or neutral gender, or vice versa, and the
singular of any word used herein shall mean the plural, or vice versa.
References to the Act, or any section thereof, shall be deemed to include any
statutes amending or replacing the Act, and the comparable sections
thereof. Any amendment to the Act shall retroactively apply to the
Association and the Property, except as expressly prohibited or qualified by
the Governing Documents.
17.3 Tender of Claims. In the event that any incident occurs which could
reasonably give rise to a demand by the Association against Declarant for
indemnification pursuant to the Act, the Association shall promptly tender
the defense of the action to its insurance carrier, and give Declarant (i)
written notice of such tender, (ii) written notice of the specific nature of the
action, and (iii) an opportunity to defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Governing
Documents or the Act, all notices required to be given by or to the
Association, the Board, the Association officers, or the Owners or Tenants
shall be in writing and shall be effective upon hand delivery, or mailing if
properly addressed with postage prepaid and deposited in the United States
mail; except that registrations pursuant to the Bylaws shall be effective upon
32
receipt by the Association.
17.5 Conflicts Among Documents. In the event of any conflict among the
provisions of the Act, the Declaration, the Bylaws and any Rules or
Regulations, the Act shall control unless it permits one or more of the
Governing Documents to control. As among the Declaration, the Bylaws
and any Rules and Regulations, the Declaration shall control, and as
between the Bylaws and any Rules and Regulations, the Bylaws shall
control.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements,
liens and charges contained in this Declaration shall be perpetual, subject
only to termination as provided in this Declaration and the Act.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day
and year first set forth in accordance with the requirements of the Act.
Park Place Storage Condominiums Inc.
Its: President
STATE OF MINNESOTA )
ss.
COUNTY OF Washington )
The foregoing instrument was acknowledged before me this day of February, 2014, by
Paul Jorgensen, the President of Park Place Storage Condominiums Inc., a Minnesota
company, on behalf of said entity.
Notary Public
33
THIS INSTRUMENT WAS DRAFTED BY:
BERNICK LIFSON, P.A.
5500 Wayzata Boulevard, Suite 1200
Minneapolis, MN 55416-1270
(763) 546-1200
_M,
COMMON INTEREST COMMUNITY NO. XXXX, A CONDOMINIUM
PARK PLACE STORAGE CONDOMINIUMS OF COTTAGE GROVE
EXHIBIT A TO DECLARATION
PT W1/2 -E1/2 & PT NE1/4-SW1/4 SD SEC 17 BEING A TRCT OF LAND DESC
FOLL:ALL THAT PT OF W1/2 -E1/2 OF SAID SECTION 17 DESCRIBED AS FOLLOWS:
THE WEST 48 RODS THEREOF LYING NORTHEASTERLY OF THE
NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO MILWAUKEE AND ST
PAUL RAILROAD AND SOUTHWESTERLY FROM THE SOUTHWESTERLY RIGHT OF
WAY LINE OF US HIGHWAYS NUMBERS 10 AND 61 AND: THAT PART OF NE1/4
SW1/4 OF SAID SECTION 17 LYING NORTHEASTERLY OF THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID RAILROAD EXCEPT THAT PORTION OF THE ABOVE
DESCRIBED TRACT LYING NORTHWESTERLY FROM THE FOLLOWING
DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE EAST AND
WEST QUARTER SECTION LINE OF SAID SECTION 17 AND THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID RAILROAD THENCE ON AN ASSUME BEARING OF
THE EAST ALONG SAID EAST AND WEST QUARTER SECTION LINE A DISTANCE
OF 631 FEET THENCE NORTH 40 DEGREES 15 MINUTES EAST A DISTANCE OF
213.09 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY RIGHT OF WAY
LINE OF US HIGHWAYS NUMBER 10 AND 61 THENCE SOUTH 56 DEGREES 24
MINUTES 30 SECONDS EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF
361 FEET TO THE BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT WITH
RADIUS OF 7416.30 FEET THENCE ALONG SAID CURVE AN ARC DISTANCE OF
186.50 FEET TO THE ACTUAL POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED THENCE SOUTH 37 DEGREES 22 MINUTES WEST A DISTANCE OF
645.81 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID RAILROAD AND THERE TERMINATING- FURTHER EXCEPTING
THEREFROM THAT 60 FOOT STRIP ACQUIRED BY THE CITY OF COTTAGE GROVE
FOR ROADWAY PURPOSES SUBJ TO EASE SECTION 17 TOWNSHIP 027 RANGE
021
Commonly known as 7552 West Point Douglas Road South, Cottage Grove, Washington
County, State of Minnesota.
SAMPLE
COMMON INTEREST COMMUNITY NO. 1199, A Condominium
PARK PLACE STORAGE CONDOMINIUMS OF COTTAGE GROVE
EXHIBIT B TO DECLARATION
Units:
1-23, inclusive, as shown on the plat hereof on file and of record;
Voting rights are allocated equally among the Units.
All parts of the property except the Units are Common Elements.
Undivided interests in the Common Elements and Common Expense obligations (subject to
Sections 6.4 and 6.7) are allocated as follows:
Unit Number
Square Feet
Percentage
1
1,200
0.0418
2
900
0.0314
3
1,450
0.0506
4
1,200
0.0418
5
1,450
0.0506
6
960
0.0335
7
1,450
0.0506
8
1,440
0.0502
9
1,450
0.0506
10
1,392
0.0485
11
1,380
0.0481
12
920
0.0321
13
1,008
0.0351
14
1,450
0.0506
15
960
0.0335
16
1,450
0.0506
17
1,440
0.0502
18
1,450
0.0506
19
1,200
0.0418
20
1,450
0.0506
21
900
0.0314
22
1,200
0.0418
23
984
0.0343
36
COMMON INTEREST COMMUNITY NO. XXXX, A CONDOMINIUM
PARK PLACE STORAGE CONDOMINIUMS OF COTTAGE GROVE
EXHIBIT C TO DECLARATION
PT W1/2 -E1/2 & PT NE1/4-SW1/4 SD SEC 17 BEING A TRCT OF LAND DESC
FOLL:ALL THAT PT OF W1/2 -E1/2 OF SAID SECTION 17 DESCRIBED AS FOLLOWS:
THE WEST 48 RODS THEREOF LYING NORTHEASTERLY OF THE
NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO MILWAUKEE AND ST
PAUL RAILROAD AND SOUTHWESTERLY FROM THE SOUTHWESTERLY RIGHT OF
WAY LINE OF US HIGHWAYS NUMBERS 10 AND 61 AND: THAT PART OF NE1/4
SW1/4 OF SAID SECTION 17 LYING NORTHEASTERLY OF THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID RAILROAD EXCEPT THAT PORTION OF THE ABOVE
DESCRIBED TRACT LYING NORTHWESTERLY FROM THE FOLLOWING
DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE EAST AND
WEST QUARTER SECTION LINE OF SAID SECTION 17 AND THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID RAILROAD THENCE ON AN ASSUME BEARING OF
THE EAST ALONG SAID EAST AND WEST QUARTER SECTION LINE A DISTANCE
OF 631 FEET THENCE NORTH 40 DEGREES 15 MINUTES EAST A DISTANCE OF
213.09 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY RIGHT OF WAY
LINE OF US HIGHWAYS NUMBER 10 AND 61 THENCE SOUTH 56 DEGREES 24
MINUTES 30 SECONDS EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF
361 FEET TO THE BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT WITH
RADIUS OF 7416.30 FEET THENCE ALONG SAID CURVE AN ARC DISTANCE OF
186.50 FEET TO THE ACTUAL POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED THENCE SOUTH 37 DEGREES 22 MINUTES WEST A DISTANCE OF
645.81 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID RAILROAD AND THERE TERMINATING- FURTHER EXCEPTING
THEREFROM THAT 60 FOOT STRIP ACQUIRED BY THE CITY OF COTTAGE GROVE
FOR ROADWAY PURPOSES SUBJ TO EASE SECTION 17 TOWNSHIP 027 RANGE
021
Commonly known as 7552 West Point Douglas Road South, Cottage Grove, Washington
County, State of Minnesota.