HomeMy WebLinkAbout2494FIRST AMENDMENT TO AGREEMENT
(Conditions to Parking Variance)
This First Amendment to Agreement (Conditions to Parking Variance)
( "Amendment ") is made this 16 day of October 1995, by and between
DAYTON HUDSON CORPORATION, a Minnesota corporation ( "Grantee ") and the
CITY OF EDINA, a municipal corporation (the "City ").
A. Grantee and City entered into that certain Agreement
(Conditions to Parking Variance) dated October 19, 1989 (the "Agreement "), filed for
record on November 15, 1989 as Document No. 2053628 on Certificate of Title No.
478733 in the office of the Registrar of Title of Hennepin County, Minnesota.
B. Grantee now wants to amend the Agreement to reflect the
reconfiguration of the stockroom and selling floor of the Target store located on the
Property, and the City is agreeable to same.
C. All capitalized terms in this Amendment and not otherwise
defined in this Agreement shall have the meaning ascribed to them in the
Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Grantee and City agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
"3. Drawing Number 2 prepared by Target Stores and dated
May 28, 1995 ( "Drawing 2 "), shows the area of the Target store to be
used for sales floor and the area to be used for stockroom. The area
identified in Drawing 2 as sales floor shall be used as a sales area and
the area identified in Drawing 2 as stockroom shall be used only for
stockroom purposes. Grantee covenants not to reconfigure the
stockroom area and sales floor area of the Targct store from as sho'"
in Drawing 2 without the prior written consent of the City. Grantee
agrees that upon the completion of the reconfiguration of the Target
store to as shown in Drawing 2, the use of trailers and containers on
the Property for storage purposes shall be prohibited."
2. A copy of Drawing Number 2 referenced in Section 3 of the
Agreement is attached to this Amendment and is incorporated in the Agreement by
this reference.
3. The Agreement and this Amendment shall hereinafter be
referred to together as the Agreement.
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4. Except as expressly amended hereby, the Agreement is hereby
ratified and affirmed and remains in full force and effect according to its original
terms.
IN WITNESS WHEREOF, Grantee and City has caused this First
Amendment to Agreement (Conditions to Parking Variance) to be executed as of the
day and year first -above written.
GRANTEE
DAYTON HUDSON CORPORATION,
a Minnesota corporation
By:
Its:
Tar, et Mores
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
GRANTOR
CITY OF EDINA,
a municipal corporation
Its Mayor
And: f, ejotal
Its City Manager
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The foregoing instrument was acknowledged before me this lbit -day of
(304e)ca�- 1995, by Fib�cc . !�L_ RNc�\c,,YvAB and
t��nv�zlc Zc,&Liaycc.s- , the Mayor and City Manager, respectively, of ffie ;'-J:."--Y
of Edina, a Minnesota municipal corporation, on behalf of the corporation.
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OEBRA A. UAANOEM
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STATE OF MINNESOTA
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COUNTY OF HENNEPIN )
On this 9th day of October, 1995, before me, a Notary Public within and for said
County, personally appeared Edward J. Bierman, to me personally known, who, being first
by me duly sworn, did say that he is the Vice President - Target Stores, and a duly
authorized signatory of Dayton Hudson Corporation, and that the foregoing instrument was
signed by him on behalf of said corporation by authority of its Board of Directors and
Edward J. Bierman acknowledged said instrument to be the free act and deed of said
corporation.
This instrument was drafted by:
Dorsey & Whitney P.L.L.P. (JPG)
220 South 6th Street
Minneapolis, MN 55402
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2653144
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SECRETARY'S CERTIFICATE
The undersigned, the duly elected Assistant Secretary of Dayton Hudson Corporation,
A Minnesota Corporation, hereby certifies that the following is a true and correct excerpt
from the By -Laws of the Corporation and that as of the date hereof the same remains in
full force and effect:
Section 6.01. Execution of Instruments
All contracts, deeds, mortgages, notes, checks, conveyances, releases of mortgages and
other instruments shall be signed on behalf of the Corporation: by the Chairman of the
Board, the President, the Chairman of the Executive Committee or any Vice President, and
by the Secretary or an Assistant Secretary; or by such other person or persons as may be
designated or authorized from time to time by the Board or by the Chief Executive Officer
of the Corporation.
The undersigned further certifies that on August 12, 1991, Edward J. Bierman, Vice
President, Target Stores Division, was authorized to execute documents on behalf of the
Corporation pursuant to the Corporate Signature Authorization for Target Stores attached
hereto and that as of the date hereof such Authorization is in full force and effect.
Certified this g7w day of
William P. Hise
Assistant Secretary
Corporate Signature Authorization
for Target Stores,
a division of Dayton Hudson Corporation
Pursuant to Section 6.01 of the By- Laws*of Dayton Hudson
Corporation, as amended through January 1, 1984, I, Kenneth A.
Macke, Chief Executive Officer of Dayton Hudson Corporation,
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hereby designate and authorize Edward J. Bierman as an authorized
signatory for Dayton Hudson Corporation to sign contracts, deeds,
mortgages, options, notes, checks, conveyances, releases of
mortgages and other instruments, including those affecting the.
title to real property which relate to Target Stores Division of
Dayton Hudson Corporation. This authorization shall continue in
full force and effect until revoked or cancelled either by action
of the Board of Directors or by the Chief Executive Officer of
the Corporation, or an amendment to the Articles or By -Laws of
Dayton Hudson Corporation specifically revoking the authorization
or upon the cessation of Signatory's employment at Target Stores.
Any authorization of Edward J. Bierman as a signatory, other than-
contained herein, is revoked and cancelled.
Dated: 7
R eth A. Macke
Chi Executive Officer
CORPSIG3 /Document /8 -6 -91
2653143
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