HomeMy WebLinkAbout2022-088 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 22-88
RESOLUTION APPROVING SITE IMPROVEMENT PERFORMANCE AGREEMENT
WITH REHBEIN SITE DEVELOPEMNT PREP ((PIDS #24-31-22-24-0002 AND #24-31-
22-24-0009)
WHEREAS, the City has completed review of the site and building plans for Rehbein Site
Development Prep (PIDs#24-31-22-24-0002 and#24-31-22-24-0009); and
WHEREAS, the properties are legally described as:
Outlot A, CLEARWATER CREEK BUSINESS CENTER, Anoka County, Minnesota; and,
That part of the Southeast Quarter of the Northwest Quarter(SE '/4 of NW ''/4) of Section 24,
Township 31, Range 22, described as follows, to-wit: Commencing at the Southwest corner of
said Southeast Quarter of Northwest Quarter(SE '/4 of NW '/4) of Section 24,thence running East
along the South line of said Southeast Quarter of Northwest Quarter(SE '/4 of NW '/4) a distance
of 275 feet; thence running North parallel with the West line of said Southeast Quarter of
Northwest Quarter(SE %4 of NW '/4)a distance of 375 feet; thence West parallel with the South
line of said Southeast Quarter of Northwest Quarter(SW '/4 of NW '/4) a distance of 275 feet to
the West line of said Southeast Quarter of Northwest Quarter (SE '/4 of NW '/4); thence running
South along the West line of said Southeast Quarter of Northwest Quarter(SE '/4 of NW '/4) a
distance of 375 feet to the point of beginning; Anoka County, Minnesota; and
WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution
of a site performance agreement.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Lino Lakes that
the Site Improvement Performance Agreement between the City of Lino Lakes and Rehbein Site
Development Prep is hereby approved and the Mayor and City Clerk are authorized to execute
such agreements on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 22nd day of August, 2022.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Lyden and was duly seconded by Council Member Ruhland and upon vote being taken thereon,
the following voted in favor thereof:
Lyden, Ruhland,Rafferty
The following voted against same: None (Absent- Stoesz, Cavegn)
RoTliafferty, Mayor
ATTEST:
Ju i Bartell, City Clerk
CITY OF LINO LAKES, MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this day of , 2022, is by
and between the City of Lino Lakes, a municipal corporation organized under the laws
of the State of Minnesota, and Ryan Companies (533 South Third Street Suite 100,
Minneapolis, MN 55415) and Rehbein Properties (PO Box 368, Hugo, MN 55038)
("Developer").
WHEREAS,the Developer has received approval of a Conditional Use Permit by
Resolution 22-87 and approval of the Site Development Plans, hereinafter called the
"Plans", by the City of Lino Lakes on the 22nd day of August, 2022, and in accordance
with the Plans all of which are made a part hereof by reference. In consideration of such
approval, the Developer, its successors and assigns, does covenant and agree to perform
the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth
upon the real estate (hereinafter referred to as "Property") described as follows:
Outlot A, CLEARWATER CREEK BUSINESS CENTER, Anoka County, Minnesota.;
and,
That part of the Southeast Quarter of the Northwest Quarter(SE 1/4 of NW 1/4) of Section
24, Township 31, Range 22, described as follows, to-wit: Commencing at the Southwest
corner of said Southeast Quarter of Northwest Quarter(SE 1/4 of NW 1/4) of Section 24,
thence running East along the South line of said Southeast Quarter of Northwest Quarter
(SE 1/4 of NW 1/4) a distance of 275 feet;thence running North parallel with the West line
of said Southeast Quarter of Northwest Quarter(SE 1/4 of NW 11/4) a distance of 375 feet;
thence West parallel with the South line of said Southeast Quarter of Northwest Quarter
(SW 1/4 of NW 1/4) a distance of 275 feet to the West line of said Southeast Quarter of
Northwest Quarter (SE 1/4 ofNW 1/4);thence running South along the West line of said
Southeast Quarter of Northwest Quarter(SE 1/4 of NW 1/4) a distance of 375 feet to the
point of beginning; Anoka County, Minnesota.
NOW, THEREFORE, in consideration of the mutual promises of the parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
1. DESIGNATION OF IMPROVEMENTS.
A. Improvements on the project site to be installed at the Developer's
expense by the Developer as hereinafter provided are hereinafter referred
to as "On-site Work".
B. Improvements off the project site to be installed at the Developer's
expense, if any, by the Developer as hereinafter provided are hereinafter
referred to as "Off-Site Work".
Rehbein Site Development Preparation Performance Agreement page 1 of 11
IL ON-SITE WORK.
A. On-Site Work. The On-Site Work shall consist of the improvements
described in the approved Plans, to include any approved subsequent
amendments, and shall be in compliance with all applicable statutes, codes
and ordinances of the City. The On-Site Work includes but is not limited
to the erosion control, material hauling from the site in Centerville,
grading and compacting material, and site restoration.
Such improvements shall be completed in accordance with Section IV
herein.
B. Cost Estimates. The Developer shall provide the City with a written
estimate of all applicable costs of the On-Site Work, itemized by type;the
estimates shall be based upon the actual estimates provided by the
contractors who are to do the Work. Said cost estimates shall be reviewed
by the City, and the City shall establish the actual amount of the financial
guarantee. The description and estimated cost of Developer's On-Site
Work are as follows:
Descrtpt�ori;of Tmgrovements Estimated Costs
1. Lighting $ 0.00
2. Fences/ Screen Structures $ 0.00
3. Trash Disposal Structures $ 0.00
4. Curbing/Islands/Delineators $ 0.00
5 Storm Drainage Systems/ Sewers/Catch Basins/ $ 0.00
Culverts/ Swales
6. Public Trails and/or Sidewalk $ 0.00
7. Private Trials and/or Sidewalk $ 0.00
8. Driveway/Curb cut/Parking Lot/Fire Lane $ 0.00
9. Water mains/Hydrants / Sanitary Sewers $ 0.00
10. Landscaping $ 0.00
11. Site Grading $ 10,000.00
12. Erosion Control $ 7,500.00
Total Estimated Cost of Developer Improvements $ 17,500.00
Security Requirement (Total * 35%) $ 6,125
III. DEVELOPER FEES. Not Applicable
Rehbein Site Development Preparation Performance Agreement page 2 of 11
w .. . . _
.. Acres Fee
1. Sanitary Sewer Trunk Unit Fee ($1,630/unit; 2.92 units/Acre) $0
2. City Sewer Availability Fee ($1,525/SAC Unit) $0
3. Water Trunk Unit Fee ($2,341/unit; 2.92 units/Acre) $0
4. City Water Availability Fee ($1,473/SAC Unit) $0
5. City Surface Water Management Fee ($11,073/Acre) $0
Total Estimated (Budget)Developer Fees $0
IV. RECORD DRAWINGS.
a. Upon project completion, Developer shall submit record drawings in
electronic format verifying the location of the stockpiles. The as-built survey
must include, but is not limited to,proposed and final contours with adequate
elevation shots to show conformance, property irons (to be exposed in field),
and the 100-Year High Water Level(HWL) of all ponds, lakes, and wetland
areas. The files shall be drawn in Anoka County NAD 83 Coordinate system
and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans
shall include accurate locations, dimensions, elevations,grades, slopes and all
other pertinent information concerning the complete work.
b. No securities will be fully released until all record drawings have been
submitted and accepted by the City Engineer.
V. COMPLETION DATE.
If the activities authorized by site plan approval are not initiated within twelve(12)
months from the final execution of this agreement,then Developer will need to start
the site plan approval process from the beginning. The Developer shall complete all
On Site Work as described in Section I1 A within 18 months of approval of the
Conditional Use Permit and the Site Performance Agreement.
The Developer may request a reasonable extension of time from the City and will
have to apply for renewal of the Conditional Use Permit.Renewal must be approved
by the City Council. If the extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the
extended completion date.
VI. GUARANTEE.
A. The Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer.
Concurrently with the execution hereof by the Developer,the Developer
will furnish to, and at all times thereafter maintain with the City, a cash
deposit, certified check, or Irrevocable Letter of Credit, based on thirty-
Rehbein Site Development Preparation Performance Agreement page 3 of 11
five (35%)percent of the total estimated cost of Developer's On-site
Work. An Irrevocable Letter of Credit shall be for the exclusive use and
benefit of the City of Lino Lakes and shall state thereon that the same is
issued to guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract, construction of all
required improvements in accordance with the ordinances and
specifications of the City and guarantees the workmanship and materials
for the landscape improvements for a period of one year following the
City's acceptance of the landscape improvements. The City reserves the
right to draw, in whole or in part, on any portion of the Irrevocable Letter
of Credit for the purpose of guaranteeing the terms and conditions of this
contract, if Developer has been found to be in default of this agreement
and only after providing Developer with written notice and opportunity to
cure any default. The Irrevocable Letter of Credit shall be automatically
extended for additional periods of one year from present or future
expiration dates unless sixty(60) days prior to such the City Clerk or
Administrator is notified in writing by certified mail or overnight mail that
the Letter of Credit will not be renewed.
B. Upon written request, The City will grant a reduction of the Letter of
Credit, or cash deposit based on prepayment or the value of the completed
improvements at the time of the requested reduction. The Developer may
make such requests three times throughout the life of this agreement, with
the third and/or final request being at the completion of the project. The
City will respond to such request within 30 days time. Prior to the final
acceptance of the Developer's Improvements the City shall require a
Letter of Credit or Cash Escrow to cover the warranty provisions of the
agreement. The amount shall be agreed to by the City Engineer and
Developer and Developer may use the Letter of Credit discussed in
Section VLA above.
VII. REIMBURSEMENT OF COSTS.
A. The Developer agrees to establish a non-interest bearing escrow account
with the City in an amount established by the City Engineer or his
designee for the payment of all City fees and costs incurred by the City
related to the On-site Work, including, but not limited to,the following:
1. Site Plan Review Fee $1,500.00
2 Administration $7,500.00
(Legal, Engineering, Planning and Contract Administration)
3. Negative Short Term Escrow Balance $0.00
Total Estimated (Budget) Costs for Escrow Account $9,000.00
Rehbein Site Development Preparation Performance Agreement page 4 of 11
B. If it appears that the actual costs incurred will exceed the estimate or that
the actual costs incurred will be less than the estimate,then Developer and
City shall review the costs required to complete the project. In such case,
if the actual costs exceed the estimate, then Developer shall promptly pay
the additional sums to the City to pay for the agreed upon increase.
However, in such case where the actual costs are less than the estimate,
the City shall promptly reimburse to Developer any amounts overpaid by
the Developer. The Developer may request a statement of the account
each month for review.
C. Per the Conditional Use Permit approved by Resolution 22-87, the City
will maintain a $5,000 non-interest bearing escrow account provided by
the owner that shall be reestablished annually by January 15th. This
escrow will be for inspection, erosion control, and other City costs
associated with the stockpile.
If the above escrow amount is insufficient, the owner shall make such
additional deposits as required by the City. The City shall have a right to
reimburse itself from the Escrow with suitable documentation supporting
the charges.
D. Intentionally Deleted.
VIII. REMEDIES FOR BREACH.
A. The City shall give prior written notice to the Developer of any default
hereunder before proceeding to enforce such financial guarantee or before
the City undertakes any work for which the City will be reimbursed
through the financial guarantee. If within twenty(20) days after receipt of
such written notice to it,the Developer has not notified the City by stating
in writing the manner in which the default will be cured and the time
within which such default will be cured,the City will proceed with the
remedy it deems reasonably appropriate.
B. At any time after the completion date and any extensions thereof, if any of
the work is deemed incomplete, the City may proceed in any one or more
of the following ways to enforce the undertakings herein set forth, and to
collect any and all expenses reasonably incurred by the City in connection
therewith, including, but not limited to, engineering, legal, planning and
litigation costs and expense. The enumeration of the remedies hereunder
shall be in addition to any other remedies available to the City.
1. Specific Performance. The City may in writing direct the surety or
the Developer to cause the Work to be undertaken and completed
within a specified reasonable time. If the Developer fails to cause
the Work to be done and completed in a manner and time
Rehbein Site Development Preparation Performance Agreement page 5 of 11
reasonably acceptable to the City,the City may proceed to bring an
action for specific performance to require work to be undertaken.
2. Completion by the City. The City, after written notice, may enter
the premises and proceed to have the Work done either by contract,
by day labor or by regular City forces. The Developer may not
question the manner of doing such work or the letting of any such
contracts for the doing of any such work;provided that all such
work is performed in a reasonable manner, the costs are reasonable
and the work is completed in a good and workman-like manner
and in accordance with the approved plans and specifications.
Upon completion of such work,the Developer shall promptly pay
the City the full cost thereof as aforesaid.
3. Deposit of Financial Guarantee. In the event the financial
guarantee has been submitted in the form of a Letter of Credit, the
City may draw on the Letter of Credit the sum equal to the
reasonably estimated cost of completing the Work, plus the City's
reasonably estimated expenses as defined herein, including any
other reasonable costs, expenses, and damages for which the surety
may be liable hereunder, but not exceeding the amount set forth on
the Letter of Credit. The money shall be deemed to be held by the
City for the purpose of reimbursing the City for any reasonable
costs incurred in completing the Work as hereinafter specified.
Any funds remaining after completion of the project shall be
promptly returned to the Developer.
IX. OCCUPATION OF PREMISES.Not Applicable.
X. INSURANCE.
Developer or its general contractor shall take out and maintain until one year after
the City accepted the Developer Improvements, public liability and property
damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's or general contractor's
work, as the case may be, or the work of its subcontractors or by one directly or
indirectly employed by any of them. Limits for bodily injury and death shall be
not less than Five Hundred Thousand and no/l00 ($500,000.00) Dollars for one
person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence;
limits for property damage shall be not less than One Million and no/100
($1,000,000.00) Dollars for each occurrence; or a combination single limit policy
of Two Million and no/100 ($2,000,000.00)Dollars or more. The City, its
employees, its agents and assigns shall be named as an additional insured on the
policy, and the Developer or its general contractor shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate
shall provide that the City must be given ten days advance written notice of the
Rehbein Site Development Preparation Performance Agreement page 6 of ll
cancellation of the insurance. The certificate may not contain any disclaimer for
failure to give the required notice.
XI. REIMBURSEMENT FOR LITIGATION EXPENSES.
The City and Developer agree that the prevailing party in any litigation pertaining
to the enforcement of this Agreement shall be entitled to reimbursement from the
non-prevailing party for all reasonable costs incurred by said prevailing party
including court costs and reasonable engineering and attorneys' fees.
XII. VALIDITY.
If a portion, section, subsection, sentence, clause, paragraph or phrase in this
Agreement is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of
the Site Improvement Performance Agreement.
XIII. GENERAL.
A. Binding Effect. The terms and provisions hereof shall be binding upon
and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners of
all or any part of the Property and shall be deemed covenants running with
the land.
B. Notices. Whenever in this Agreement it shall be required or permitted that
notice or demand be given or served by either party to this Agreement to
or on the other party, such notice or demand shall be delivered personally
or(i) mailed by United States mail by certified mail (return receipt
requested) or(ii) sent by nationally recognized overnight carrier to the
addresses hereinbefore set forth on Page 1. Such notice or demand shall
be deemed timely given when delivered personally or when deposited in
the mail or the overnight carrier in accordance with the above. The
addresses of the parties hereto are as set forth on Page 1 until changed by
notices given as above.
C. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
Agreement by reference as fully as if set out herein in full.
E. Hours of Construction Activity. Construction activity shall be limited to
the hours set out as follows:
Monday through Friday 7:00 a.m.to 7:00 pin.
Saturday 9:00 a.m.to 5:00 p.m.
Rehbein Site Development Preparation Performance Agreement page 7 of 11
Sunday and Holidays No working hours allowed
XIV. VIOLATIONSBUILDING PERMITS.
In the event that Developer violates any of the covenants and agreements
contained in this Site Improvement Performance Agreement and to be performed
by the Developer,the City, at its option, and after providing written notice and
opportunity to cure to Developer in addition to the rights and remedies as set out
hereunder may refuse to issue building permits to any property within the
development and/or stop building construction within the development until such
time as such default has been corrected to the satisfaction of the City.
Rehbein Site Development Preparation Performance Agreement page 8 of 11
CITY OF LINO LAKES
By
Mayor
ATTEST:
By
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on day of
, 2022, by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of
said City.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on day of
, 2022 by Julianne Bartell as City Clerk of the City of Lino Lakes on
behalf of said City.
Notary Public
Rehbein Site Development Preparation Performance Agreement page 9 of 11
DEVELOPER
By
Peter Fitzgerald, Ryan Companies
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2022, before me, a Notary Public
within and for said County, personally appeared, ,
who executed the foregoing instrument.
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Rehbein Site Development Preparation Performance Agreement page 10 of 11
DEVELOPER
By
Gerald Rehbein, Rehbein Properties
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2022, before me, a Notary Public
within and for said County, personally appeared, ,
who executed the foregoing instrument.
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Rehbein Site Development Preparation Performance Agreement page 11 of 11
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: August 22, 2022
TOPIC: Belland Farms
i. Consider Resolution No. 22-89 Approving First Amendment
to Development Agreement
ii. Consider Resolution No. 22-90 Agreement for
Reimbursement of Meter Vault Installation with MCES
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council consideration to approve the First Amendment to the Belland Farms
Development Agreement and to approve the Agreement for Reimbursement of Meter Vault
Installation with Metropolitan Council Environmental Services (MCES).
BACKGROUND
On January 10, 2022,the City Council approved the final plat and Development Agreement for
the Belland Farms project. The project includes the extension of trunk sanitary sewer. Trunk
water systems are also being extended. The 27-inch diameter trunk sanitary sewer is the
beginning part of the City's sewer district 5 as outlined in the Comprehensive Plan. This district
serves undeveloped land north of Main Street and will eventually serve the northeast portion of
the city.
The sanitary sewer district 5A is planned to flow into the MCES Interceptor 802325. A MCES
meter vault is required. To facilitate this work the following agreements are proposed:
1) An amendment to the Belland Farms Development Agreement to include the meter
vault in the developers required work and cost reimbursement to the developer.
2) A Joint Powers Agreement(JPA)with MCES so that the City will be reimbursed for the
installation of the meter vault.
The City will reimburse the Developer,Rehbein Properties for 100%of the contract work.
The reimbursement shall be applied as credit towards any trunk fees payable by the developer.
Any remaining balance shall be paid directly to the developer. The work is proposed to be
completed in the 2022 construction season.
RECOMMENDATION
1
Staff recommends approval of the First Amendment to Development Agreement and approval
of the Agreement for Reimbursement of Meter Vault Installation with MCES.
ATTACHMENTS
1. Resolution No. 22-89
2. First Amendment to Development Agreement
3. Resolution No. 22-90
4. Agreement for Reimbursement of Meter Vault Installation
2