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HomeMy WebLinkAbout2011-082 Council Resolution• Council Member O' Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -82 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT AND AN OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES FOR THE YMCA SITE WHEREAS, the YMCA at 7690 Village Drive wishes to expand its parking lot, and; WHEREAS, a site and building plan review was conducted administratively according to Section 2, Subd. 6 of the Zoning Ordinance, and the parking expansion was approved on August 5,2011, and WHEREAS, the previous Site Improvement Performance Agreement did not include the new parking expansion, and • WHEREAS, the previous Operation and Maintenance Agreement for Stormwater Treatment Features did not include new stormwater facilities to be created with the parking expansion. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves a new Site Improvement Performance Agreement (ATTACHM ► and a new Operation and Maintenance Agreement for Stormwater Treatment Feat s (ATTAC ! 1 B). ATTEST: u 'a e Bartell, C. Clerk h•■1111 Jeff Reine , "ayor Adopted by the Lino Lakes City Council this 22 day of August , 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Gallup, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 6D STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: August 22, 2011 TOPIC: Resolution Number 11 -82: Authorizing execution of two agreements with the YMCA as required for the proposed parking lot expansion. • Site Performance Agreement • Operation and Maintenance Agreement for Stormwater Treatment Features Background The YMCA submitted a site plan review application for expansion of the parking area on the north side of their existing facility at 7690 Village Drive. Also submitted at that time was a vacation request, to eliminate a playground easement to allow construction on the proposed site. The playground easement was vacated with the City Council approval of Ordinance O Number 12 -11, on July 11, 2011. The ordinance was published on July 18, 2011 and became effective on August 18, 2011. Staff administratively approved the site plan review on August 5, 2011, with conditions. Two of those conditions would be satisfied by City Council adoption of Resolution Number 11 -82, which will authorize both the Site Performance Agreement and Stormwater Maintenance Agreement for the project. The applicant has indicated that the agreements are acceptable to them and has returned a signed and notarized copy for execution. Recommendation Staff recommends approval of Resolution Number 11 -82, authorizing execution of the attached agreements. O Attachments 1. Resolution Number 11 -82 • Attachment A CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this th day of , 2011 is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and the YMCA of Greater Saint Paul, whose address is 2125 East Hennepin Avenue Minneapolis, Minnesota 55413, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans ", by the administrative staff of the City on the 5th day of August, 2011 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: Lot 1, Block 1, THE VILLAGE NO. 3, Anoka County, Minnesota, subject to easements, reservations and restrictions of record if any. • 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 by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". C. Developer shall enter into an operation and maintenance agreement for stormwater treatment facilities on the site not included in the initial construction plans for the site as approved in 2006. II. 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 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, parking areas, storm drainage systems, hydrants, curbing, lighting, fencing, fire • lanes, sidewalks, trails, site grading, tree preservation work 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 is as follows: Description of Improvements 1. Lighting 2. Curbing / Islands / Delineators 3. Storm Drainage System / Sewers / Catch Basins / Culverts / Swales 4. Driveway/ Curbcut/ Parking Lot/ Fire Lane/ Sidewalks 6. Landscaping 7. Erosion Control Estimated Costs $5,600 $8,640 $7,425 $40,463 $4,500 $1,100 Total Estimated Cost of Developer Improvements $67,728 Security Requirement (Total * 35 %) $23,705 C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City shall have one or more inspectors inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. Prior to construction, the Developer or its engineer shall schedule a preconstruction meeting at a mutually agreeable time at the Lino Lakes City Hall, located at 600 Town Center Parkway, Lino Lakes, Minnesota with contractors, subcontractors, the City staff, and other parties specified by the City to review the program for the construction work. E. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with a complete set of reproducible mylar • "Record" drawings, and two complete sets of paper copy "Record" drawings, all prepared in accordance with City standards. An electronic copy of the plans shall also be submitted in an AutoCAD DWG format. F. AS -BUILT SURVEY. The Developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. 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. IV. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the City may exercise any remedies as set forth in Section IX., unless an extension is granted by the City. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Off -site Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Off -site Work. 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 one hundred twenty -five (125 %) percent of the total estimated cost of Developer's On -site and Off -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 and construction of all required improvements in accordance with the ordinances and specifications of the City. 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. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. VI. 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 and Off -site Work, including, but not limited to, the following: • Total Estimated (Budget) Costs for Escrow Account Administration (Legal, Engineering, Planning, and Contract administration) Existing project escrow as of August 10, 2011 $5,000 $5,000 Additional escrow deposit required: $0 B. The City shall have a right to reimburse itself from the Escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. VII. REMEDIES FOR BREACH A. The City shall give prior 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 ten (10) days after such 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 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 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 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 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. 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 estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other 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 costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the improvements to be constructed upon the premises until completion of the site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. • XI. 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. XII. 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 mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail 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. D. Hours of Construction Activity. All 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 ATTACHMENT B OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this day of , 2011, by and between the YMCA of Greater Saint Paul, whose address is 2125 East Hennepin Avenue Minneapolis Minnesota 55413, hereinafter referred to as "Owner" of the Property described • • below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City ". WHEREAS, the legal description of the property, hereinafter referred to as "the Property ", is: Lot 1, Block 1, THE VILLAGE NO. 3, Anoka County, Minnesota, subject to easements, reservations and restrictions of record if any. and, WHEREAS, the City has required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a Planned Unit Development Final Plan for the initial construction of the YMCA facility on the property with Resolution 06 -09 on the 23rd day of January 2006, and WHEREAS, the City of Lino Lakes administratively approved a Site Plan Review for a Parking Lot Expansion on the property on the 5th day of August 2011. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for onsite stormwater ponds, ditches and associated facilities (System) which are to be constructed to comply with the approved plans and Resolution 06 -09 for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the System. 2. The City shall not under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the System and appurtenances and the City shall not be liable for the cost thereof. 3. The Owner agrees, at no cost to the City, to regularly: (1) remove accumulated sediment from the System to maintain dead storage volume equivalent to the volume approved by the City, (2) maintain all native perennial vegetation in the System area in a way which does not comprise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System, (4) remove all litter and debris from the System, (5) repair or replace any grass or other vegetation in the System area disturbed by maintenance, (6) maintain the System outlet structures, and (7) take all other and further steps which would be reasonably necessary for the purpose of maintaining the System. 4. The Owner agrees to indemnify, and hold harmless and defend the City from all present and future claims that may arise from the construction and maintenance of the System located on the Owner's property. • 5. In the event that the City believes that the Owner is not maintaining the System in a fashion reasonably consistent with this Agreement, then the City may give written notice to the Owner detailing the deficiency in the manner in which the owner is maintaining the System. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then the City may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60 -day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60 -day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City corrects the deficiency, the Owner agrees to then reimburse the City within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice within sixty (60) days after receipt, then the Owner agrees that the City may assess the cost against the Owner's Property. In the event that it becomes necessary for the City to assess the cost of correcting the deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's Property described above, and the Owner waives any right to a public hearing and appeal of such assessment which may statutorily or constitutionally provided for. 6. That any notices required under this agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: Jim Fudali 7690 Village Drive Lino Lakes, Minnesota 55014 FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the Property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re- recorded.