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~UL-~J-~JJ~ ~~.VJ '-1" ur VHUNH1:::> nul:::> b~~ q~~ ~~~~ ~.~/~. I~ CI>ftJ ".' .""- . ~.......;....... .. \ .. t~ ....-- O"~-.~~ ,...."" . ..--... e --. -. AGREEMENT TO GUARANTEE COMPLIANCE FOR DEVELOPMENT CONDITIONS ESTABLISHED BY THE CITY OF VADNAIS HEIGHTS DEVELOPER: Fontana Development Group INTENT AND PURPOSE OF AGREEMENT: The purpose of this Agreement is to ensure that the conditions of approval established by the City of Vadnais Heights are understood between the Developer and the City, and that the Developer fully complies with the conditions herein within the time frames established in this Agreement. This Agreement acknowledges that the applicant has made proper application(s),' approval has been granted and development is subject to all conditions established by the City Council and this Agreement LEGAL DESCRIPTION OF PROPERTY: See Exhibit "An attached GENERAL LOCATION OF LEGALLY DESCRIBED PROPERlY: Approximate 36.51 acres of land adjacent to the northwest quadrant of 1-35E and County Road E APPROVED USE OF THE PROPERTY: Construction of a 116,818 square foot Target Store, 62,000 square foot non-warehouse grocery store, 27,500 square foot minor anchor retail store, 34,500 square foot mixed use service/officf>iretail strip center, 5,000 square foot bank, and 8,000 square foot and 6,000 square foot sit-down (not fast food) restaurants. The approved use was conditioned as described within this Development Agreement and as per the site plan drawn by the RunyanNogel Group dated October 25, 1994. DATE OF PlANNING COMMISSION RECOMMENDATION: May 24,1994 DATE OF erlY eOUNCILAPPROVAL: November 1, 1994 {as amended 3/21/95} CONDITIONS OF AGREEMENT: Article 1 A Special Use Permit and site plan was conditionally approved for the uses listed above subject to a minimum total of 8,500 square feet, including the bank, to be used for office- service uses. The site plans for County Road E Ttsite pads" (bank and two sit down restaurants) were approved in concept only and detailed site plans will need to go through the site plan approval process before the Planning Commission and City Council. The two sit-down restaurants are encouraged to provide well landscaped/screened outdoor eating areas and at least one shall have an outdoor eating area. The grocery store may %jnclude a restaurant. The retail sidewalk area is to be constructed out of concrete with aggregate or scored in certain locations and is to be consumer friendly by providing upgraded areas with quality benches, sitting areas, outdoor eating areas or sidewalk cafes, flower pots/plantings,