Loading...
HomeMy WebLinkAbout2005-079 Council Resolutiont CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05 -79 APPROVING AGREEMENT WITH GLENN REHBEIN EXCAVATING, INC., FOR GRADING OF YMCA SITE WHEREAS, Glenn Rehbein Excavating, Inc., has entered into an agreement with Hartford Group to complete the mass grading for the Legacy at Woods Edge Project ( "Project "); and WHEREAS, the Project includes the mass grading of the Rice Creek Chain of Lakes YMCA site on property ( "Property ") owned by the City of Lino Lakes; and WHEREAS, Glenn Rehbein Excavating, Inc., has agreed to donate this mass grading of the Property as part of its substantial overall donation to the YMCA; and WHEREAS, The City understands that, from a project coordination standpoint, it would be in the best interests of all parties to complete the YMCA mass grading in conjunction with the balance of the project site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on behalf of the City, an agreement between the City and Glenn Rehbein Excavating, Inc., attached hereto as Exhibit A, for mass grading of the YMCA site. Passed by the Lino Lakes City CounciLthis 13th day of June 2005. ATTEST: Ann Blair, City Qlerk Joh J. Ber son, a"M yor — • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6F Michael Grochala June 13, 2005 Consideration of Resolution No. 05 -79, Approving Agreement Between City and Glenn Rehbein Excavating Inc., for Grading on YMCA Site. ACTION REQUIRED: 3/5 Vote BACKGROUND The Hartford Group has entered into an agreement with Glenn Rehbein Excavating, Inc., to complete the mass grading for the Legacy at Woods Edge project. The project area includes the approximately 7 acre site, owned by the City, that will be the location of the Rice Creek Chain of Lakes YMCA. Grading of the City owned property is the responsibility of the YMCA. However, Glenn Rehbein Excavating, Inc., has agreed to donate the mass grading of the City owned property as part of its substantial overall donation to the YMCA. The Hartford Group, city staff and the City's consulting engineers (SEH) are of the opinion that, from a project coordination standpoint, it would be in the best interests of all parties to complete the YMCA mass grading in conjunction with the balance of the project site. Grading of the site at this time will help to expedite public improvement construction as well as the YMCA building construction. Glenn Rehbein Excavating, Inc., has agreed to add this work to their contract with Hartford Group, at no cost to Hartford or the City, provided that it is understood that such work is done exclusively for the benefit of the YMCA. The estimated cost of the grading is $82,000. Per the attached agreement, Rehbein will perform the work provided that, in the event the property is not used for the YMCA and sold, by the City, to a private developer, the City will reimburse them for the cost of improvements from the proceeds of the sale. The agreement would run for ten years and terminate on June 1, 2015. RECOMMENDATION The City Council has previously approved the Development Agreement with the YMCA to provide, land, street and utilities, and a financial contribution in return for the construction of the YMCA. The YMCA has moved forward with retaining Architectural • and Engineering consulting for design of the building and site. Pending completion of the financing package between the City and YMCA we are anticipating an October ground breaking for the facility. In the event that the YMCA project does not go forward the grading of the site will only enhance the property's marketability and any costs incurred would be recovered with the sale price. In this event repayment of the grading costs would be due within 30 days of the closing on the sale to a third party. Therefore, staff is recommending approval of Resolution No. 05 -79. ATTACHMENTS 1. Resolution No. 05 -79. • EXHIBIT A LEGACY AT WOOD'S EDGE RICE CREEK CHAIN OF LAKES YMCA SITE THIS AGREEMENT is made and entered into as of the day of , 2005, by and among GLENN REHBEIN EXCAVATING, INC., a Minnesota Corporation ( "Rehbein "), and the CITY OF LINO LAKES, a Minnesota Municipal Corporation ( "City ") RECITALS A. WHEREAS, Rehbein has entered into an agreement with Hartford Group to complete the mass grading for the Legacy at Wood's Edge Project ( "Project "). This agreement includes the mass grading for the site upon which the Rice Creek Chain of Lakes YMCA ( "YMCA ") has been proposed ( "Property ") and B. WHEREAS, the Property upon which the YMCA is proposed is owned by the City, and C. WHEREAS, Rehbein has agreed to donate this mass grading of the Property as part of its substantial overall donation to the YMCA, and D. WHEREAS, City understands that in order for the Project to move forward the mass grading upon the entire site including the Property owned by City must begin. AGREEMENT NOW, THEREFORE, in consideration of the mutual terms hereof, the parties agree as follows: 1) The cost of mass grading the portion of the Project that is proposed for the Property is approximately $82,000.00. 2) Rehbein is donating this grading work exclusively for the YMCA. 3) In the event the Property upon which the mass grading is being performed is not used for the construction and operation of a YMCA and the City sells the property for Private Development, the City agrees to reimburse Rehbein for the actual cost of this mass grading work, not to exceed $82,000.00. The obligation to reimburse Rehbein shall terminate on June 1, 2015. 4) Reimbursement is due to Rehbein within 30 days of the closing on the sale of the property to a third party. 4 -70- IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. GLENN REHBEIN EXCAVATING, INC. By: Its: CITY OF LINO LAKES By: ��. ItsiAayor� By: 5 -71-