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HomeMy WebLinkAbout2014-111 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-111 APPROVING FIRST AMENDMENT TO PUBLIC IMPROVEMENT SURETY AGREEMENT NORTHPOINTE WHEREAS, the City Council adopted Resolution No. 14-48, on June 23, 2014, approving the Development Contract and Planned Unit Development Agreement ("PUD Agreement) for NorthPointe; and WHEREAS, the PUD Agreement requires financial security of $913,300 to be escrowed with the Escrow Agent, that amount being 125% of the estimated cost of improvements ($730,589); and WHEREAS, the Developer desires to escrow the estimated cost of improvements ($730,589) with the Escrow Agent and provide the remaining financial security ($182,411) to the City in the form of a letter of credit; and WHEREAS, the City is amenable to receiving the remaining financial security in the form of a letter of credit that is acceptable to the City. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the First Amendment to Public Improvement Surety Agreement attached hereto. Adopted bthe Council of the City of Lino Lakes this 22nd day of September, 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: e Bartell, City lerk Jeff Reinert, Ma, or CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: September 22. 2014 TOPIC: Consider Resolution No. 14-111, Approving 1st Amendment to Public Improvement Surety Agreement, NorthPointe VOTE REQUIRED: INTRODUCTION 3/5 Staff is requesting council consideration to approve an amendment to the NorthPointe surety agreement. BACKGROUND The City Council approved the development contract and planned unit development agreement for NorthPointe by Resolution No. 14-48 on June 23, 2014. The development contract included a surety agreement to provide financial security for the proposed public improvements. The agreement required a financial security in the amount of $913,300 to be deposited with the escrow agent. This amount represented 125% of the estimated cost of improvements ($730,589). The developer has requested the ability to escrow the estimated cost of the improvements ($730,589) and provide the remaining financial security ($182,411) to the City in the form of a letter of credit. Staff has reviewed the request with the City Attorney who prepared the proposed First Amendment to the Public Improvement Surety Agreement. The amendment provides for the deposit of funds and the provision of a letter of credit for the remaining amount. The City routinely accepts letters of credit to secure the cost of public improvements. RECOMMENDATION Staff recommends adoption of Resolution No. 14-111. ATTACHMENTS 1. Resolution No. 14-111 FIRST AMENDMENT TO PUBLIC IMPROVEMENT SURETY AGREEMENT NorthPointe This Amendment is entered into on September , 2014, by Registered Abstractors, Inc. ("Escrow Agent"), City of Lino Lakes, and Tony Emmerich Construction, Inc. ("Developer"), all parties to the original Public Improvement Surety Agreement, which is Attachment D to the Development Contract & Planned Unit Development Agreement for NorthPointe ("PUD Agreement") dated August 8, 2014. RECITALS WHEREAS, the PUD Agreement requires financial security of $913,300 to be escrowed with the Escrow Agent, that amount being 125% of the estimated cost of improvements ($730,589); and WHEREAS, the Developer desires to escrow the estimated cost of improvements ($730,589) with the Escrow Agent and provide the remaining financial security ($182,411) to the City in the form of a letter of credit; and WHEREAS, the City is amenable to receiving the remaining financial security in the form of a letter of credit that is acceptable to the City. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, it is agreed between the parties as follows: 1. Paragraph 1 of the August 8, 2014, Public Improvement Surety Agreement is hereby deleted and replaced with the following: "1. Developer will deposit funds in the amount of $730,589 with the Escrow Agent. In addition, Developer will provide the City with an irrevocable letter of credit ("LOC") in the amount of $182,411. The LOC may not expire or be reduced in amount, revoked or otherwise modified without the City's written consent. The LOC is for the sole benefit of the City and may be drawn upon by the City in the event the Developer fails to satisfy its obligations under the PUD Agreement and the escrowed funds are insufficient or are otherwise unavailable. The form of the LOC shall be approved by the City and shall be issued by a United States financial institution acceptable to the City in its sole discretion." 2. All other terms of the Public Improvement Surety Agreement remain unchanged. REGISTERED ABSTRACTORS, INC. Jan Thomas, President STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of September, 2014, before me, a Notary Public within and for said County, personally appeared Jan Thomas (Escrow Agent), who executed the foregoing instrument. Notary Public TONY EMMERICH CONSTRUCTION, INC. Anthony J. Emmerich STA I E OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of September, 2014, before me, a Notary Public within and for said County, personally appeared Anthony J. Emmerich (Developer), who executed the foregoing instrument. Notary Public CITY OF LINO LAKES By Jeff Reinert. Mayor ATTEST: By Julianne Bartell, City Clerk STAIE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of September, 2014, before me, a Notary Public within and for said County, personally appeared Jeff Reinert (Mayor) and Julianne Bartell (City Clerk), 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