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Resolution 14-25 is rescinded.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.
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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
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$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
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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
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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
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LThis instrument was drafted by:
L
L./
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
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