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HomeMy WebLinkAboutResolution 23-102 CITY OF LINO LAKES RESOLUTION NO. 23-102 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH GLAMOS WIRE, INC. (2300 MAIN STREET) WHEREAS, the City has completed review of the site and building plan for Glamos Wire, Inc. located at 2300 Main Street; and WHEREAS, the parcel is legally described as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City Code Section 1007.020(6) requires the execution of a site performance agreement prior to issuance of a building permit. 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 Tomas Companies, Inc./Glamos Wire, Inc. 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 9th day of October, 2023. Ro• -rty, Mayor ATTEST: Jolleen Chaika, City Clerk CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 2023, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Taylor Corporation, a Minnesota corporation; Tomas Commercial Real Estate Holdings, LLC, a Minnesota limited liability company (2300 Main Street, Lino Lakes, MN 55038) ("Developer"). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 9th day of October, 2023, 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: That part of the West Half of the Southeast Quarter of the Northeast Quarter of Section 24, Township 31, Range 22, lying East of a line described as follows: Beginning at the Southeast corner of said West Half of Southeast Quarter of Northeast Quarter; thence Northerly to a point on the North line of said West Half of Southeast Quarter of Northeast Quarter distant 20 feet West from the Northeast corner of said West Half of the Southeast Quarter of the Northeast Quarter and there terminating, Except Parcel 10, Anoka County Highway Right-of-Way Plat No. 65, according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. 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". C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. Glamos Wire, Inc. Site Performance Agreement page 1 of 11 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 all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping,private driveways, parking areas, sanitary sewer extension,water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. 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: Description of Improvements Estimated Costs 1. Lighting $ 20,000.00 2. Fences/ Screen Structures $ 50,720.00 3. Trash Disposal Structures $15,000.00 4. Curbing /Islands/Delineators $ 28,700.00 5 Storm Drainage Systems / Sewers/ Catch Basins / $36,100.00 Culverts/ Swales 6. Mobilization $ 10,000.00 7. Private Trails and/or Sidewalk $ 0.00 8. Driveway / Curb cut/Parking Lot/Fire Lane $ 270,200.00 9. Water mains/Hydrants/ Sanitary Sewers $ 0.00 10. Landscaping $ 30,000.00 11. Site Grading $19,868.00 12. Erosion Control $10,000.00 Total Estimated Cost of Developer Improvements $490,588.00 Security Requirement(Total * 35%) $ 171,705.80 Glamos Wire,Inc. Site Performance Agreement page 2 of 11 III. DEVELOPER FEES. A. Trunk Sanitary Sewer Connection Fees—Not Applicable The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,695.00 per unit. Commercial/Industrial/Institutional (CII)trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer(CSAC) $1,586.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees—Not Applicable The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,435.00 per unit. Commercial/Industrial/Institutional (CII)trunk charges are based on a factor of 2.92 units per acre. Availability Charge Glamos Wire,Inc. Site Performance Agreement page 3 of 11 For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water(CWAC) $1,532.00 Per SAC Unit. C. Surface Water Management Area Charges—Not Applicable The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. Acres Fee 1. Sanitary Sewer Trunk Unit Fee ($1,695/unit; 2.92 units/Acre) $ 2. City Sewer Availability Fee ($1,586/SAC Unit) $ 3. Water Trunk Unit Fee ($2,435/unit; 2.92 units/Acre) $ 4. City Water Availability Fee ($1,532/SAC Unit) $ 5. City Surface Water Management Fee (/Acre) $ Total Estimated (Budget) Developer Fees $0.00 D. Metropolitan Council Environmental Services (MCES) Sewer Availability Charges (SAC) are in addition to the fees referenced above and shall be determined by MCES, and shall be paid with the Building Permit. IV. RECORD DRAWINGS. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer,water main, storm sewer facilities, and roads, constructed by Developer. 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), low floor and low opening elevations, 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. The Developer shall also submit certified compaction testing results for the site grading operations. Glamos Wire,Inc. Site Performance Agreement page 4 of 11 b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. 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 and building plan approval are not initiated within twelve(12)months from the final execution of this agreement,then Developer will need to start the site and building plan approval process from the beginning. 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- 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 Glamos Wire, Inc. Site Performance Agreement page 5 of 11 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 VI.A 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 $2,500.00 Administration 2 $14,700.00 (Legal, Engineering, Planning and Contract Administration) 3. Negative Short Term Escrow Balance $0.00 Total Estimated (Budget) Costs for Escrow Account $17,200.00 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. 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 Glamos Wire, Inc. Site Performance Agreement page 6 of 11 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 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. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. 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 Glamos Wire, Inc. Site Performance Agreement page 7 of 11 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/100 ($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 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 Glamos Wire, Inc. Site Performance Agreement page 8 of 11 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. D. 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 p.m. Saturday 9:00 a.m.to 5:00 p.m. Sunday and Holidays No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be perfoitued 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. Glamos Wire, Inc. Site Performance Agreement page 9 of 11 CITY OF LINO LAKES By (, F4.ti or ATTEST: City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on day of , 2023, 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 , 2023 by Jolleen Chaika as City Clerk of the City of Lino Lakes on behalf of said City. Notary Public Glamos Wire, Inc. Site Performance Agreement page 10 of 11 DEVELOPER By [Name/Owner of Developer] STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2023, 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 Glamos Wire,Inc. Site Performance Agreement page 11 of 11