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HomeMy WebLinkAbout2012-057 Council ResolutionCouncil Member S toe s z introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 12 -57 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR THE LAKES BUILDING COMPONENTS ACCESSORY OUTDOOR STORAGE YARD WHEREAS, Lakes Building Components at 7301 Apollo Court wishes to add an outdoor storage yard, and; WHEREAS, an Interim Use Permit was approved by the City Council with Resolution Number 12 -52, on June 25, 2012. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Site Improvement Performance Agreement (ATTACHMENT A). ATTEST: e Bartell, City C1e)k ncil approves a Jeff Reine , Mayor Adopted by the Lino Lakes City Council this 2 5 tday of June , 2012. 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: Stoesz, Roeser, Rafferty, O'Donnell, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • • CITY COUNCIL AGENDA ITEM 6Aii STAFF ORIGINATOR: Paul Bengtson MEETING DATE: June 25, 2012 TOPIC: Resolution No. 12 -57 — Performance Agreement — Lakes Building Components Accessory Outdoor Storage Yard VOTE REQUIRED: Simple Majority INTRODUCTION Lakes Building Components has requested an Interim Use Permit to allow an Accessory Outdoor Storage Yard at 7301 Apollo Court. The improvements proposed by the applicant necessitate a Site Performance Agreement to ensure that development occurs to city standards. BACKGROUND The Site Performance Agreement assembled by staff includes a financial security of $22,925 that may be drawn upon if completion stalls and the site needs to be returned to its pre - construction conditions. An escrow account is also being established for the administration of the Site Performance Agreement and will be charged for any ongoing costs the city incurs both with the final review of the Interim Use Permit and during construction of the site. The applicant has submitted an escrow deposit for the land use reviews they requested and the remaining amount will be forwarded to the Site Performance Agreement escrow. A total of $5,000 is being recommended by staff, with $1,900 of that coming from the current escrow account. The applicant will need to submit $3,100 to bring the account into conformance with the agreement. The signed agreement and these deposits must be made to the city prior to any construction on the site. RECOMMENDATION Staff recommends approval of Resolution No. 12 -57. ATTACHMENTS 1. Resolution Number 12 -57, Site Performance Agreement P114a. • • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 28th th day of June , 2012 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 Lakes Building Components, whose address is 7301 Apollo Court Lino Lakes, Minnesota 55014, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of an Interim Use Permit hereinafter called the "Plans ", by the City Council on the 25th day of June, 2012 with the adoption of Resolution Number 12 -53 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 PRT OF SE1 /4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: COM AT NE COR OF SD 1/4, TH S 88 DEG 22 MIN 57 SEC W, ASSD BRG, ALG N LINE OF SD 1/4 2099.84 FT, TH S 1 DEG 37 MIN 03 SEC E 648.37 FT, TH S 88 DEG 22 MIN 57 SEC W 70 FT, TH S 1 DEG 37 MIN 03 SEC E 16 FT TO POB, TH S 88 DEG 22 MIN 57 SEC W 131.85 FT, THS 50 DEG 20MIN 19 SEC W 203.19 FT, TH S 80 DEG 18 MIN 27 SEC W 225 FT TO W LINE OF SD 1 /4,TH S 0 DEG 01 MIN 09 SEC W ALG SD W LINE 425 FT TO NWLY R/W LINE OF CITY OF LINO LAKES R/W PLAT NO 1, AKA APOLLO DR, TH NELY 414.82 FT ALG SD NWLY R/W LINE & ALG A NON TAN CUR CONC TO NW HAV A RAD OF799 FT & A CEN ANG OF 29 DEG 44 MIN 48 SEC & A CHORD BRG OF N 65 DEG 12 MIN 43 SEC E, TH N 50 DEG 20 MIN 29 SEC E TAN TO LAST DESC CUR 308.46 FT, TH N 39 DEG 39 MIN 31 SEC W 70.31 FT, TH NWLY 156.03 FT ALG A TAN CUR CONC TO NE HAV A RAD OF 235 FT & A CEN ANG OF 38 DEG 02 MIN 28 SEC, TH N 1 DEG 37 MIN 03 SEC Y W TAN TO LAST DESC CUR 30 FT TO POB, EX RD, SUBJ TO EASE OF REC 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 ". 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, fencing, sidewalks, 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 Estimated Costs 1. Bituminous Surface $22,000 2. River Rock Surface $8,000 3. Fencing /Screening $33,500 4. Landscaping $3,000 Total Estimated Cost of Developer Improvements $66,500 Security Requirement (Total * 35 %) $22,925 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. III. 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. IV. 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 thirty -five (35 %) 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. V. 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 June 19, 2012 $5,000 $1,900 Additional escrow deposit required: $3,100 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. VI. 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. VII. 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. VIII. 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. IX. 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. X. 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 XI. 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. • • • • • • STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA CIT B ATTEST: On this k day of , 2012, before me, a Notary Public within and for said County, personally app: d Je +% Reinert and Julie Bartell to me known to be H::.:•:•::::•: 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. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA GEORGIA A WOLTJER NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2014 On this 28th day of June , 2012, before me, a Notary Public within and for said County, personally appeared LBC /Jenmar Equity (Developer), who executed the foregoing instrument. This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 l..Jl✓llll../lr ti ti JUDY ANDRESCIK NOTARY PUBLIC . MINNESOTA My Commission Expires Jan. 31, 2015 0 0