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HomeMy WebLinkAbout2014-078 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-78 RESOLUTION APPROVING AMENDED SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH METROPOLITAN COUNCIL WHEREAS, the City has completed the review of the site and building plans for a park and ride facility by Metropolitan Council Metro Transit, located along the east side of the proposed 21St Avenue extension, north of Main Street; and WHEREAS, Section 2, Subd. 6.E.4. of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit; and WHEREAS, on March 10, 2014, the City Council approved Resolution No. 14-25 approving a Site Improvement Performance Agreement; and WHEREAS, upon further review by Metropolitan Council's legal counsel and city staff, the agreement has been amended. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that Resolution 14-25 is rescinded. BE IT FURTHER RESOLVED the amended Site Improvement Performance Agreement between the City of Lino Lakes and Metropolitan Council is hereby approved, and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 28th day of July, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Roeser, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: ul anne Bartell, Ci C L/ CITY COUNCIL STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 6C Katie Larsen, City Planner July 28, 2014 Consider Resolution No. 14-78, Approving Amended Site Improvement Performance Agreement with Metropolitan Council 3/5 Metropolitan Council Metro Transit has received administrative site plan approval for a proposed park and ride facility located along the east side of the future 21St Avenue extension, north of Main Street. For all commercial and institutional projects, the City requires execution of a site improvement performance agreement prior to issuance of a building permit to ensure that specific site work is completed. On March 10, 2014, the City Council approved Resolution No. 14-25 approving a Site Improvement Performance Agreement. Upon further review by Metropolitan Council's legal counsel and city staff, the agreement has been amended. The attached amended agreement addresses the site work for the park and ride as well as the bus driver restroom facilities and provides for submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution 14-78. ATTACHMENTS 1. Resolution No. 14-78 2. Site Performance Agreement L., CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT For I -35E & County Road 14 Park & Ride Facility THIS AGREEMENT made this day of , 2014, 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 Metropolitan Council, whose address is 390 N. Robert Street, St. Paul, MN 55101, hereinafter referred to as the "COUNCIL". WHEREAS, COUNCIL, 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: Lots 1, Block 1, ALINO ADDITION, according to the plat thereof on file and of record in Anoka County, Minnesota. 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 by COUNCIL in accordance with the Plans and at COUNCIL's expense. Such improvements shall be completed in accordance with Section IV herein. 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 1 of 7 B. Intentionally Deleted. C. Intentionally Deleted. II. Intentionally Deleted III. As -Built Survey The COUNCIL shall provide a certified as -built survey, indicating that all site grading complies with the grading plan approved for the issuance of building permits or as may have been subsequently modified and approved by the City. The as -built survey must include, but is not limited to, final contours, location of property irons, low floor and low opening elevations of permanent structures, and the 100 -Year High Water Level (HWL) of all ponds, lakes, and wetland areas, if applicable. IV. COMPLETION DATE. COUNCIL's schedule for construction of the Project anticipates construction start on or about August 1, 2014 with substantial completion on or about November 15, 2014. V. GUARANTEE. A. COUNCIL will fully and faithfully comply with all terms and conditions of contracts and agreements entered into by COUNCIL for this project. Financing for a portion of the construction of this project will be provided by the State of Minnesota through Chapter 152 funds administered by the Minnesota Department of Transportation. Upon written request by the City, COUNCIL will provide written proof of the availability of funds in an amount sufficient to fund the Improvements. B. Consistent with state statutes, COUNCIL will require the Contractor to whom a contract is awarded to provide a 100% Performance and Payment Bond for this project. 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 2 of 7 VI. REIMBURSEMENT OF COSTS. A. COUNCIL agrees to pay by check to the City, an amount reasonably established by the City Engineer or his designee for the payment of City fees related to the Improvements: 1. Site Plan Review Fee 2. Surface Water Management Fee (paid with Alino Addition plat) 3. AUAR Fee (5.45 acres @ $269 per acre) Total Fee Costs B. If actual costs for Site Plan Review Fee will exceed the estimated $4,500, the City shall notify the COUNCIL, in writing prior to incurring any additional costs, and include an estimate of additional expenses. If the actual costs are less than the estimated $4,500, the City shall promptly reimburse to COUNCIL any amounts overpaid by COUNCIL. C. COUNCIL agrees to require the Contractor to whom a contract is awarded to pay by check to the City, the following City fees and costs incurred by the City related to the On-site Work: 1. Sanitary Sewer Trunk Unit Fee ( 1 units @ $2,975 per unit) 2. Water Trunk Unit Fee (1 units @ $3,939 per unit) Total Fees to be paid by Contractor The Contractor shall be required to pay these fees to the City along with the building permit fees as a condition to receive the building permit. D. Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to COUNCIL of any default hereunder. COUNCIL shall notify the City in writing the manner in which the default will be cured and the time within which such default will be cured. B. Within 60 days after the completion date and any extensions thereof, if the City determines that any of the work is incomplete, then the City may give written notice to COUNCIL stating specifically the reasons for such determination by the City. COUNCIL may, within 10 working days of receipt of the City's written notice, dispute the City's determination, which dispute shall be in writing. If COUNCIL disputes City's determination, both parties shall meet to discuss and resolve the dispute. If COUNCIL does not dispute City's determination, COUNCIL shall have 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 3 of 7 $4,500.00 $0.00 $1,466.05 $5,966.05 $2,975.00 $3,939.00 $6,914.00 20 working days after receipt of City's written notice to begin corrective action. VIII. OCCUPATION OF PREMISES COUNCIL agrees that it will not cause to be occupied the building or improvements constructed upon the premises prior to the substantial completion of the building and site improvements as more fully described in the approved plans. IX. INSURANCE COUNCIL will require its contractor to take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Contractor's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Such insurance shall be maintained consistent with COUNCIL requirements. 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; or as is consistent with COUNCIL requirements, whichever is greater. X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and COUNCIL agree that in the event of any litigation pertaining to the enforcement of this Agreement each party shall be totally responsible for its own costs, including but not limited to court costs and reasonable engineering and attorneys' fees. 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. Intentionally Deleted 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 4 of 7 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 in writing and delivered personally or (i) mailed by United States mail by certified mail (return receipt requested) or (ii) sent by nationally recognized overnight carrier to the addresses below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth below until changed by notices given as above. For the City of Lino Lakes: City of Lino Lakes Engineering Department 600 Town Center Parkway Lino Lakes, Minnesota 55014 For the Metropolitan Council Metro Transit Attn: General Manager 560 Sixth Avenue N Minneapolis, MN 55411 With copy to: Metro Transit Attn: Director of Engineering & Facilities 560 Sixth Ave N Minneapolis, MN 55411 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 XIII. INTENTIONALLY DELETED 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 5 of 7 METROPOLITAN COUNCIL By Marilyn Porter Director, Engineering & Facilities Metropolitan Council Metro Transit STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014, by Marilyn Porter, the Director, Engineering & Facilities, and Metro Transit, a division of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on its behalf. Notary Public CITY OF LINO LAKES By Mayor ATTEST: By City Clerk STA I OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me, a Notary Public within and for said County, personally appeared Jeff Reinert 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. Notary Public 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 6 of 7 LThis instrument was drafted by: L L./ City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 2 20140716 Metro Transit Site Performance Agreement - Lino Lakes - CLEAN.doc page 7 of 7