Loading...
HomeMy WebLinkAbout2005-162 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 05-162 RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT—FINAL PLAN FOR THE LEGACY HOTEL (COUNTRY INN AND SUITES). WHEREAS, the City has received an application for a planned unit development — final plan approval for property currently described to-wit: Outlot A,THE VILLAGE NO. 3,Anoka County,Minnesota. and WHEREAS, the City has approved a final plat entitled THE VILLAGE NO. 4, which will create the parcel on which the Legacy Hotel (Country Inn and Suites) is proposed to be constructed. This parcel will be described as: Lot 4, Block 1, THE VILLAGE NO. 4 and WHEREAS, the planned unit development — final plan approval request is based on the following submittals: • 1. Legacy Hotel (Country Inn and Suites)Plan Set received September 27, 2005. 2. Legacy Hotel (Country Inn and Suites) Site Plan and Elevation received October 18, 2005. 3. Village No. 4 Final Plat received September 7, 2005 and WHEREAS, at their meeting on October 12, 2005, the Planning & Zoning Board recommended approval of the planned unit development — final plan subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed planned unit development — final plan meets the requirements of the City's zoning ordinance, subdivision ordinance, and the Lino Lakes Town Center Design and Development Guide subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the planned unit development — final plan for the Hotel at Apollo Landing subject to the following conditions: 1. A site performance agreement between the city and the developer must be completed prior to the issuance of building permits. • 2. Issues discussed in the S.E.H. engineering review memo must be addressed to the satisfaction of city staff. 3. Operation and maintenance agreements for the site, including provisions for stormwater facilities,must be submitted for review by city staff prior to the issuance of building permits. Legacy Hotel (Country Inn and Suites Page 2 4. All parking lot lighting fixtures and poles shall be painted to complement the city's decorative street lighting; shall be mounted to round lighting poles measuring no more than twenty feet in height; shall be mounted to a concrete base no higher than twenty-four inches above the surrounding grade; and shall be located within landscape planter islands. 5. A revised lighting plan indicating the above required fixture changes, and the relocation of the luminaire near the south entrance drive further west must be submitted prior to the issuance of building permits for the site. 6. The final plat for the project(Village No. 4)must be approved prior to City Council approval of this building. 7. The developer must work with staff to identify the most appropriate location for bicycle parking within this block of the development. 8. A minimum 2 inch deep window trim must be provided in accordance with the development standards for the site. 9. All hotel room windows are required to be supplied with uniform internal window treatments that will complement the architecture of the building. 10. The first floor windows shall be accentuated with additional trim features. 11. The brick base shall be raised to lessen the gap between the cap and the second story windows. 12. The landscape plan shall be revised to indicate four shrubs per tree within the north planter island(adjacent to the Interstate 35W right-of-way). 13. All landscaped and sodded areas must be irrigated. 14. The two gable ends on the Town Center Parkway frontage shall be completely clad in brick. This shall include the returns as required by the Town Center Development & Design Guidelines. Passed by the Lino Lakes City Council this 24th day of October 2005. John . Ber son, Mayor ATTEST: • Jean V' er, eputy City Cle AGENDA ITEM 6.C.v • STAFF ORIGINATOR: Paul Bengtson MEETING DATE: October 24, 2005 TOPIC: Final Plan—Legacy Hotel (Country Inn and Suites) Legacy at Woods Edge BACKGROUND The Hartford Group has applied for a Planned Unit Development final plan for a hotel within the Legacy at Wood's Edge project located on the southeast quadrant of Interstate 35W and Lake Drive. The final plan consists of the building plans for the hotel as well as the final plat for the lot (Village No. 4). Though a Hotel is not currently listed as a permissible use in Chapter 3 of the Lino Lakes Town Center Design &Development Guide, included on this agenda is a staff initiated amendment to the Planned Unit Development to allow a Hotel as a permissible use in the commercial districts. `ALYSIS •Governing Plans This site is located within the Legacy at Woods Edge project and is therefore subject to the Lino Lakes Town Center Design& Development Guide that was adopted by Ordinance 04-04 as part of the original Planned Unit Development for the site. The layout generally follows the original Legacy at Wood's Edge layout, with the exception of the combination of lots I 1 and 12 to create a single lot. The main entry of the building will be from the parking lot, which is atypical for this type of urban development. However, a secondary access is provided on the building front to service registered guests of the hotel. The proposed Hotel is located in a Commercial Land Use Area were acceptable Building Type is Commercial with a minimum number of floors for all uses of one and a maximum of 3. The Regulating plan of the development guide includes the required street framework, which is currently under construction as part of the city's improvements in the area. This will include the pedestrian streetscape as part of a future phase of construction. The plan also indicates a build-to line for this portion of that block which will require that the building be close to the edge of the street to create an intimate pedestrian environment. The Regulating Plan does not indicate any `Required Building Entries' on this site, nor any `Gateways'. However, an `Architectural Feature' is indicated on the plans at the point that Town Center Parkway curves to the east. 0 Legacy Hotel, page 2 Allowable Uses *The proposed use for this site is a Hotel. The Lino Lakes Town Center Development& Design Guide does not currently include a hotel as a permissible use within the Commercial District; however, an amendment to the Planned Unit Development was recommended for approval by the Planning and Zoning Board on September 14, 2005 and the second reading of Ordinance 09-05 is on this agenda. PROPOSED ADDITION TO SECTION 3.1 PER ORDINANCE 09-05: SECTION 3.1 ALLOWABLE USES Table 1.Allowable Land Uses in Mixed-Use Commercial,Commercial/Residential and Civic Districts Comm Mixed Use Civic Allowable Land Use ercial Commercial Uses • Hotel P - - TABLE 1 NOTES: P=permitted use. Building Massing & Placement The proposed building is within a portion of the development that requires build-to lines. This standard requires a minimum of 50% of the block to meet the build-to lines, with up to 20%of that area being plaza/park areas. Within commercial districts the maximum setback is five feet; however since the proposed hotel use is quasi- oesidential and has a residential district directly across town center parkway staff feels that the 15 foot setback llowed in the residential district is more appropriate. A revised site plan and building elevation have been submitted to the city but because reduced copies were not available at the time of this report, those revisions will be included as a part of the Friday update. The height of the building never exceeds 44 feet, even when measured to the highest peak of the roof. Therefore it meets the 45 foot height limit that is included in the design guidelines. Architectural Standards The relationship between the building and the street is required to be accentuated by expressive wall faces, with a minimum of 60% of the wall face being windows, doors, or arcades. The proposed elevations meet or exceed all of those requirements. Due to the type of business that is being proposed on this site, which requires a primary entrance that is accessible with a drive-up, the primary building entry is being placed on the parking lot side of the building. While this does not specifically meet the standards of the guidelines, the secondary access that will be provided for registered guests that have ventured into the development to take advantage of the numerous amenities will still have a pedestrian friendly point of entry. As previously mentioned above,the Regulating Plan identifies an architectural feature at point where Town Center Parkway curves to the east. The standards do not specifically define what format an architectural feature is supposed to take, but it does identify clock towers, bell towers, cupolas, trellises, and ornamental portions of Oarapet walls as architectural features in other portions of the text. The purpose of the architectural feature at Legacy Hotel,page 3 this location is to attract the eye of pedestrians and create a point of visual interest. The central portion of the c Wotel attempts to accomplish this by being stepped closer to the streetscape, with the masonry materials that over the entire central section of the building, and with the porch element at the base of the structure. Staff feels that these collective elements satisfy the `architectural feature' requirement of the Regulating Plan. The masonry materials that cover the entire central portion of the building on both the front and back clearly accentuate the location of the buildings main entry points. The continuation of masonry materials across the first floor of the entire structure accentuates the scale of the building clearly differentiating the first floor from the rest of the structure. This is furthered by the porches on the ends of the building and surrounding the secondary access which bring the building to a more human scale. The quoins at the corner work to provide some definition to the breaks in the building fagade, furthering the visual impact of the steps in the building elevations. The base of the structure is clearly articulated through the use of the brick base applied across the entire building fagade on all sides; however, the height of the brick base betrays the scale of the building making the first floor look out of scale with the floors above. Staff is recommending a condition that the brick base be raised from its current level to lessen the gap between the cap and the windows of the second floor and correct the scale issue. The top of the building is also clearly articulated with the use of the peaked roof and gable trim. This type of roof dictates that space for mechanical equipment must be provided within the building or outside the building on the ground. If any mechanical equipment is located on the ground it will be required to be screened by a combination of landscaping and screen walls. O- The building materials proposed for the site include brick, cultured stone, E.I.F.S., and asphaltic roofing aterial. All of these materials meet the stringent standards of the design guidelines, and are incorporated consistently throughout the building's elevations. The proposed structure has integrated a couple of climatic response devices that meet the design guidelines. Daylighting of the interior space is being achieved through the large number of windows provided. Patrons of the establishment will also be offered shelter from the elements in the entry vestibules/porches. A trash enclosure is depicted on the north side of the site adjacent to Interstate 35W. This structure will need to be constructed of the same materials as the main building on site, and should include a roof since the height of the building will allow patrons of the hotel to look down upon the enclosure. Additional mechanical/service area is provided on the first floor of the building in the southwest corner, hence the lack of windows on this portion of the building. Because this particular building has so many windows, attention and detail to the quality of the windows is important. The design standards require a reveal of at least 2 inches from the exterior trim to create shadow for visual interest rather than windows and trim flush with the building. Sometimes this shadow can be created with solid window trim as is depicted on the submitted plans. A condition is included with staffs recommendations to require a minimum two inch thick exterior trim be applied to all windows of this building. Staff is also recommending that the windows on the first floor be better accentuatued with additional trim features. Given this buildings height; it's visibility from the streetscape and the future townhome portion of the project; *Od the numerous windows provided; the internal window treatments are also of particular concern. Staff has Legacy Hotel,page 4 recommended a condition addressing the provision of uniform treatments that will complement the architectural style of the building. Parking Requirements Single Use Peak Hour Rooms Parking Required Parking Provided Surplus Demand 1 space per room 83 83 85 2 (surface&on-street) Per Chapter 3.5 of the guidelines,the City is maintaining a shared parking analysis for the entire development. This portion of the site (Block 2b) is intended to use standard parking calculations and not be included into the shared parking analysis. As such, each individual use will be required to provide the appropriate number of parking spaces with on site parking (surface and/or underground) and on-street parking. Parking Requirement Parking Factor Parking Parking Surplus Required Provided Hotel 1 space per room 83 rooms 83 85 2 Office (Bldg 13) 3 spaces per 1,000 s.f. 27,000 s.f. 81 101 20 Office (Bldg 14) 3 spaces per 1,000 s.f. 27,000 s.f. 81 91 10 Total 245 277 32 The proposed use is clearly being provided enough parking within the parking lot layout that the applicant has Wroposed with this application. Single Use Peak Parking Required Parking Surplus Block 2b Hour Demand Provided Varies 245 277 32 As always, staff will continue to review each project to maintain the parking standards within this block as well as the entire development. Staff has included a condition requiring that the developer work with staff to identify an appropriate location for bicycle parking facilities on this block. Landscaping Requirements The submitted plans meet all of the landscaping requirements of Chapter 3.6. The site plan indicates a total of 81 parking spaces within the surface parking lot. This means that the 13 trees provided throughout the lot exceeds the requirement of 1 tree for every 10 parking spaces. The parking lot abuts Interstate 35W, therefore plantings must occur that `screen' the metal security fence. The proposed landscape plan does depict deciduous trees spaced 60 feet on center, accentuated with coniferous trees; however staff is adding a condition that a minimum of four shrubs be added per tree to this landscape planter to provide adequate screening. The shrubs shown on the planting pallet should be used, and should be spread evenly Ohroughout the planter area. The 81 total surface parking spaces provided in this lot does not meet or exceed the Legacy Hotel,page 5 threshold of 300 spaces which would require the implementation of connecting walkways throughout the •parking lot. All of the landscaping materials proposed as a part of the planting palette for the site satisfy the comments of the Environmental Board as well as city staff. Lighting The photometric lighting plan submitted with the application is in conformance with the minimum standards of Chapter 3.7 of the guidelines. Staff has recommended a condition that will coordinate the parking lot lighting within the entire development and will be included on all of the Legacy at Woods Edge projects. It is also recommended that the Domus luminaire located near the south entrance drive be moved further west to better illuminate the drive. A revised lighting plan indicating conformance must be submitted prior to the issuance of a building permit. The building itself will include some architectural and building entry lights mounted directly to the building. These fixtures will be used to highlight the building massing and will enhance the pedestrian environment. Engineering The city's consulting engineer on the Legacy project is Short Elliot Hendrickson(S.E.H.), and a memorandum including all of their comments is attached to the report. Any outstanding issues will be addressed through the &ite performance agreement and building permit process prior to construction. Final Plat The final plat for the project(Village No. 4) is attached to the same agenda as a separate item, and a condition will be added to this review that the final plat must be approved prior to City Council approval for this building. ENVIRONMENTAL BOARD The Environmental Board reviewed this application at the August 3 1"regular meeting. Their comments are attached and are addressed in the landscaping portion of this report. PLANNING AND ZONING BOARD The Planning and Zoning Board reviewed this project at the October 12, 2005 regular meeting, recommending approval subject to a total of 18 conditions. Revisions to the site plan and elevations have addressed the issues the Board had about the trash enclosure and the re-siting of the building closer to the right of way. These revisions are not included with this report but will be included in the Friday update. The developer has raised concerns in regards to three of the conditions that are being forwarded with the Planning and Zoning Board's recommendation: • The developer is encouraged to add an additional architectural element to the central portion of the • building to further strengthen the presence of the corner. Legacy Hotel, page 6 • The gable end visible from Town Center Parkway, on the east wing of the building, shall be clad in • brick. • The developer is encouraged to use a standing seam metal roof. The first was recommended by staff and was not removed by the Planning and Zoning Board, but in the discussion during the meeting, the Board felt that the revised elevations presented by the developer at the meeting where clearly an improvement in regards to the treatment of the central portion of the building. Staff has now had a chance to review the revised elevations and agrees with the assessment of the Planning and Zoning Board. As such staff is recommending that this condition be removed from the Resolution prior to the approval of the City Council. The second condition came directly from the Planning and Zoning Board, and the developer does not agree that adding additional brick to the elevation will enhance the building. In fact they feel that it will detract from the `architectural feature' currently proposed for the central element of the building; and that it will de-emphasize the entrance provided on the Town Center Parkway frontage. The developer will have a representative at the meeting to explain their reasoning to the council. The condition is included below, but can be removed by the City Council prior to approval. The third condition above was strictly a suggestion of the Board, not a requirement. The asphalt shingles proposed for the building are not prohibited by the Town Center Design and Development Guide, and therefore it is an appropriate material. The developer will be available at the City Council meeting to highlight the Oeasoning behind the use of asphalt shingles instead of steel roofing. Since this condition was a suggestion that the developer has reviewed and has reasoning to reject, staff is recommending that it be removed prior to the approval of the City Council. OPTIONS 1. Adopt Resolution 05-162, approving the Final Plan for the Legacy Hotel (Country Inn and Suites) 2. Deny Resolution 05-162 for the Final Plan for the Legacy Hotel (Country Inn and Suites) 3. Return to Staff with direction. RECOMMENDATION The submitted plans are in substantial conformance with the standards of the Lino Lakes Town Center Design and Development Guide. Therefore, staff recommends approval of the Final Plan for the Legacy Hotel (Country Inn and Suites), subject to the following conditions: 1. A site performance agreement between the city and the developer must be completed prior to the issuance of building permits. 2. Issues discussed in the S.E.H. engineering review memo must be addressed to the satisfaction of city staff. Legacy Hotel,page 7 3. Operation and maintenance agreements for the site, including provisions for stormwater facilities, must be submitted for review by city staff prior to the issuance of building permits. 4. All parking lot lighting fixtures and poles shall be painted to complement the city's decorative street lighting; shall be mounted to round lighting poles measuring no more than twenty feet in height; shall be mounted to a concrete base no higher than twenty-four inches above the surrounding grade; and shall be located within landscape planter islands. 5. A revised lighting plan indicating the above required fixture changes, and the relocation of the luminaire near the south entrance drive further west must be submitted prior to the issuance of building permits for the site. 6. The final plat for the project(Village No. 4)must be approved prior to City Council approval of this building. 7. The developer must work with staff to identify the most appropriate location for bicycle parking within this block of the development. 8. A minimum 2 inch deep window trim must be provided in accordance with the development standards for the site. 9. All hotel room windows are required to be supplied with uniform internal window treatments that will complement the architecture of the building. 10. The first floor windows shall be accentuated with additional trim features. 11. The brick base shall be raised to lessen the gap between the cap and the second story windows. 12. The landscape plan shall be revised to indicate four shrubs per tree within the north planter island (adjacent to the Interstate 35W right-of-way). 13. All landscaped and sodded areas must be irrigated. 14. The developer is encouraged to add an additional architectural element to the central portion of the building to further strengthen the presence of the corner. 15. The gable end visible from Town Center Parkway, on the east wing of the building, shall be clad in brick. 16. The developer is encouraged to use a standing seam metal roof. ATTACHMENTS 1. SEH memorandum dated October 6, 2005. 2. Environmental Board memorandum from the August 31, 2005 meeting. 3. Legacy Hotel(Country Inn and Suites)plan set received September 27, 2005. 4. Legacy Hotel (Country Inn and Suites)revised site plan and elevations (to follow) Record ID 1659524 1982306 . 007 CERTIFICATION OF RESOLUTION NO. 05-162 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 05-162 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 05-162 APPROVING THE PLANNED UNIT DEVELOPMENT—FINAL PLAN FOR THE LEGACY HOTEL(COUNTRY INN AND SUITES) Witness my hand as said City Clerk and the Corporate Seal of the City this 136,day of February, 2006. w , A _ qi Clerk ne Bartell, City CITY OF LINO LAKES RESOLUTION NO. 05-162 RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT—FINAL PLAN FOR THE LEGACY HOTEL (COUNTRY INN AND SUITES). WHEREAS, the City has received an application for a planned unit development — final plan approval for property currently described to-wit: Outlot A,THE VILLAGE NO. 3,Anoka County,Minnesota. and WHEREAS, the City has approved a final plat entitled THE VILLAGE NO. 4, which will create the parcel on which the Legacy Hotel (Country Inn and Suites) is proposed to be constructed. This parcel will be described as: Lot 4, Block 1,THE VILLAGE NO. 4 and WHEREAS, the planned unit development — final plan approval request is based on the following submittals: 1. Legacy Hotel (Country Inn and Suites)Plan Set received September 27, 2005. 2. Legacy Hotel (Country Inn and Suites) Site Plan and Elevation received October 18, 2005. 3. Village No. 4 Final Plat received September 7, 2005 and WHEREAS, at their meeting on October 12, 2005, the Planning & Zoning Board recommended approval of the planned unit development — final plan subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed planned unit development — final plan meets the requirements of the City's zoning ordinance, subdivision ordinance, and the Lino Lakes Town Center Design and Development Guide subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the planned unit development — final plan for the Hotel at Apollo Landing subject to the following conditions: 1. A site performance agreement between the city and the developer must be completed prior to the issuance of building permits. 2. Issues discussed in the S.E.H. engineering review memo must be addressed to the satisfaction of city staff. 3. Operation and maintenance agreements for the site, including provisions for stormwater facilities, must be submitted for review by city staff prior to the issuance of building permits. Legacy Hotel (Country Inn and Suites Page 2 4. All parking lot lighting fixtures and poles shall be painted to complement the city's decorative street lighting; shall be mounted to round lighting poles measuring no more than twenty feet in height; shall be mounted to a concrete base no higher than twenty-four inches above the surrounding grade; and shall be located within landscape planter islands. 5. A revised lighting plan indicating the above required fixture changes, and the relocation of the luminaire near the south entrance drive further west must be submitted prior to the issuance of building permits for the site. 6. The final plat for the project(Village No. 4)must be approved prior to City Council approval of this building. 7. The developer must work with staff to identify the most appropriate location for bicycle parking within this block of the development. 8. A minimum 2 inch deep window trim must be provided in accordance with the development standards for the site. 9. All hotel room windows are required to be supplied with uniform internal window treatments that will complement the architecture of the building. 10. The first floor windows shall be accentuated with additional trim features. 11. The brick base shall be raised to lessen the gap between the cap and the second story windows. 12. The landscape plan shall be revised to indicate four shrubs per tree within the north planter island(adjacent to the Interstate 35W right-of-way). 13. All landscaped and sodded areas must be irrigated. 14. The two gable ends on the Town Center Parkway frontage shall be completely clad in brick. This shall include the returns as required by the Town Center Development& Design Guidelines. Passed by the Lino Lakes City Council this th day of October 2005. John . Ber son,Mayor ATTEST: Jean V er, eputy City Cle CITY OF LINO LAKES,MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 13th day of January, 2006, 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 Lino Lakes Lodging, LLC,whose address is 2750 County Road 74 Saint Cloud, Minnesota 56301, hereinafter referred to as the "Developer". WHEREAS, the Developer has received approval of Site Development Plans,hereinafter called the "Plans",by the City Council of the City on the 24th day of October, 2005, by Resolution No. 05-162 (Exhibit A) 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 4, Block 1, THE VILLAGE NO. 4, 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, Country Inn and Suites Performance Agreement.doc page 1 of 11 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. 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,private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks,trails, outside trash disposal enclosures, exterior building architectural design and building elements, 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: Country Inn and Suites Performance Agreement.doc page 2 of 11 Description of Improvements Estimated Costs 1. Lighting $10,000 2. Curbing/Islands/Delineators $13,000 3. Storm Drainage System/ Sewers/Catch Basins/ $32,000 Culverts/ Swales 4. Driveway/Curbcut/Parking Lot/Fire Lane/ Sidewalks $116,600 5. Watermains/Hydrants/ Sanitary Sewers $8,000 6. Landscaping $18,000 7. Erosion Control $5,000 Total Estimated Cost of Developer Improvements $202,600 Security Requirement(Total * 125%) $253,250 III. OFF-SITE WORK A. Off-site Work. The Developer shall design and install, at the Developer's Expense, certain Off-site Work as follows: 1. Access Road. The Developer shall be responsible for providing and maintaining an access road to the site that does not interfere with the City's roadway improvements along Town Center Parkway and Village Drive. The access road shall follow the attached exhibit(Exhibit B); however the city may require a change in its location, construction, or maintenance at any time. 2. Storm Sewer. The Developer shall-be responsible for constructing all elements of the complete storm sewer system that is necessary to properly dispose of the storm water from this site. This system will be constructed on Lot 4, Block 1 and Outlot A of Village No. 4 and Outlot B of Village No. 3 3. Two way access drive west of site. The Developer shall be responsible for constructing a two-way access drive to service the west side of the property, all accompanying curbing,private sanitary sewer lines, and private water lines as indicated on the approved plans. These improvements will be on Lot 4, Block 1 of Village No. 4. Such improvements shall be completed in accordance with Section IV., set forth herein. B. Right-of-Way. The Developer shall be responsible for acquiring any right-of-way,temporary easements, or permanent easements necessary for the making of such improvements. Country Inn and Suites Performance Agreement.doc page 3 of 11 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. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the Off-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 of and estimated Costs of Developer's Off- Site Work is as follows: Estimated Costs 1. Access Drive $0 2. Storm Sewer System on Lot 4, Block 1 and Outlot $59,638 A of Village No. 4 and Outlot B of Village No. 3 and two way entry drive west of the hotel on Lot 4, Block 1 of Village No. 4. 3. Private Sanitary Sewer and Water Lines on Lot 4, $7,412 Block 1 of Village No. 4. Total Estimated Cost of Developer Off-Site Work $67,050 Security Requirement(Total * 125%) $83,813 Country Inn and Suites Performance Agreement.doc page 4 of I I 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. 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. 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 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. B. The Developer may request 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. 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 determined by the City Engineer. Country Inn and Suites Performance Agreement.doc page 5 of 11 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 and Off-site Work, including, but not limited to,the following: 1. Administration(Legal, Engineering, Planning, and $11,199 Contract administration) 2. Storm Water Management Fee (67,291 square feet @ $5,451 $.081 per s.f.) * 3. Park Dedication Fee (1.54 acres @ $2,175 per acre) $3,350 Total Estimated(Budget) Costs for Escrow Account $20,000 * Includes sub watershed improvement credit of$0.065 per square foot 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. VIII. ASSESMENT OF TRUNK UTILITY CHARGES. A. The Developer agrees to the following trunk utility charges being assessed against the property per the standard City of Lino Lakes assessment procedures: l. Sanitary Sewer Trunk Unit Fee (42 units @ $1,095.00 per $45,990 unit) 2. Sanitary Sewer Trunk Area Fee (1.54 acres @ $2,520 per $3,881 acre) 3. Water Trunk Unit Fee (42 units @ $1,765 per unit) $74,130 4. Water Trunk Area Fee (1.54 acres @ $ 2,690 per acre) $4,143 Total Assessments $128,144 B. The Developer agrees to waive all rights to a hearing on the improvements and all rights to appeal the benefit of said improvements. Said waiver is attached to this agreement as exhibit C. IX. 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 Country Inn and Suites Performance Agreement.doc page 6 of I I 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. X. _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. Country Inn and Suites Performance Agreement.doc page 7 of 11 XI. INSURANCE Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private 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 Work 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; or a combination single limit policy of One Million and no/100 ($1,000,000.00) 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 all its subcontractors 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 (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. XII. 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. XIII. 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. XIV. GENERAL A. Bindin Effect.ffect. 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 Country Inn and Suites Performance Agreement.doc page 8 of I 1 k 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 XV. 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, 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. Country Inn and Suites Performance Agreement.doc page 9 of I I DEVELOPER CITY OF LINO LAKES By (-),/ Developer ay ATTEST: By City C erk STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this OD 3 daY of V 2006,before me,a Notary Public within and for said County,personally appeared John Bergeson and Julie Bartell,to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. ]2010 r^ JEAN M.VIGER -- NOTARY PUBLIC-MINNE O Public My Commission Extwes Jan 3 STATE OF MINNESOTA ) ) SS. COUNTY OF On this day of 2006,before me, a Notary Public within and for said County,personally appeared Allen P.I ( V(Developer), who executed the foregoing instrument. MiwwrwruM WANDA KRAEMER Notary Public NOTARY PUBLIC-IWINWE80TA ..ffMy Comm.EXP.Jain. 11, 10/0 poll This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes,Minnesota 55014 Country Inn and Suites Performance Agreement.doc page 10 of 11 Exhibit C WAIVER We, the undersigned, do hereby waive all rights to a hearing on the conducting of a local improvement which will benefit our property and furthermore waive all rights to appeal under the Lino Lakes City Charter and/or Minnesota Statute 429 concerning the benefit of the improvement provided that the assessment to be levied against our property for such improvement does not exceed$ 128,144 We are familiar with the provisions of Minnesota Statute 429 and the Lino Lakes City Charter regarding rights to hearings and appeals and have been afforded the opportunity to consult with legal counsel concerning these rights and voluntarily and knowingly waive such rights. The waiver of such rights shall apply to the construction and assessment of the following improvements which will benefit our property: Sanitary Sewer and Water Service Signed: Address: 725 Town Center Parkway Lino Lakes,Minnesota 55014 PIN: 17-31-22-12-0061 Dated: January 13,2006 Country Inn and Suites Performance Agreement.doc page 11 of 11 ANOKA COUNTY MINNESOTA Document No.: 1982306.007 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 02/21/2006 4:04:00 PM Fees.,'Taxes In the Amount of. $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator'Recorder'Registrar of Titles BMC, Deputy Record ID: 1659524