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HomeMy WebLinkAbout2002-029 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-29 RESOLUTION APPROVING TCF BANK SITE IMPROVEMENT PERFORMANCE AGREEMENT WHEREAS, the Site and Building Plan Review of the TCF Bank was approved with Resolution No. 02-11 by the City Council on March 11, 2002, and WHEREAS, the City received revised plans on March 27, 2002, prepared by Shea Architects, dated March 26, 2002 in accordance with the conditions of approval, and WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan approval provide for the execution of a performance agreement to insure satisfactory completion of the improvements, NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the Site Improvement Performance Agreement with TCF Bank and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 8th day of April, 2002. Joh J. Befgeson, Mayor ATTEST: Ann BlairjCity Clerk Resolution No. 02-29 Councilmember Dahl introduced Resolution No. 02-29 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Reinert and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-29 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being duly qualified Deputy City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02-29 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 related to: RESOLUTION NO. 02-29 APPROVING TCF BANK SITE IMPROVEMENT AGREEMENT. Witness my hand as said City Clerk and the Corporate Seal of the City this 10th day of April, 2002. Ann J. 2 air City Cl rk Lino Lakes (SEAL) STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 7G Michael Grochala April 8, 2002 Consideration of Resolution No. 02-29 Approving TCF Site Improvement Performance Agreement The City Council approved the Site and Building Plans for the TCF Bank, with conditions per Resolution No. 02-11 on March 11, 2002. A revised set of plans incorporating the required modifications prepared by Shea Architects, dated March 26, 2002, was received by the City on March 27, 2002. In accordance with the Site and Building Plan approvals staff has prepared a Site Improvement Performance Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing thirty-five (35) percent of the site improvement costs to insure completion of the project in accordance with the approved plans. 2. Waiver of procedure and appeal of special assessments for the Lake/Apollo Drive Improvements upto the amount of $51,411.89. 3. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. TCF Bank has reviewed the agreement and is aware of the conditions setforth. OPTIONS: 1. Approve Resolution No. 02-29 2. Do not authorize execution of the agreement. 3. Return to staff for further consideration. - RECOMMENDATION: Option 1. ATTACHMENTS 1. Resolution No. 02-29 2. Performance Agreement CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 20, 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 TCF National Bank whose address is 801 Marquette Avenue, Minnesota 55402, hereinafter referred to as the "Developer". WHEREAS, the Developer has received approval with conditions of the Site Development Plans, hereinafter called the "Plans" by the City Council of the City on the 11th day of March, 2002 by Resolution No. 02-11 (Exhibit A) and in accordance with the Plans all 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 2, Block 1, Lino Lakes Market Place rd Addition NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: THE WORK Developer's Work The 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 04/03/02 1 TCF Agreement 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, site grading, and erosion control measures. COST ESTIMATES The Developer shall provide the City with a written estimate of all applicable costs of the 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. Cost of Developer's Improvements, and description are as follows: Description of Improvements Estimated Costs 1. Lighting $12,000.00 2. Fences/Screen Structures $6,000.00 3. Trash Disposal Enclosures $14,000.00 4. Curbing/Islands/Delineators $25,000.00 5. Storm Drainage System/ Sewers/ Catch Basins/Culverts/Swales $20,000.00 6. Driveway/Curbcut/Parking Lot/Fire Lane Construction $47,000.00 7. Watermains/Hydrants/Sanitary Sewers $16,000.00 8. Landscaping $30,000.00 9. Site Grading $27,000.00 10. Erosion Control $1,500.00 Total Estimated Cost of Developer Improvements $198,500.00 Security Requirement (Total x .35) $69,475.00 04/03/02 2 TCF Agreement 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 site approval shall no longer be in effect, and application and approval of site and building plans shall be required. GUARANTEE 1. Faithful Performance of Construction Contracts and Letters of Credit. 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 improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's improvements. 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 improvements. 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 Site Improvement Performance Agreement 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 Agreement. The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to its expiration with a like letter. 2. Reduction of Escrow Guarantee. 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. The amount of reduction will be determined by the City Engineer. 04/03/02 3 TCF Agreement CITY'S IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements"), as referenced in the plans and specifications adopted by the City Council shall be constructed and installed by the City to serve the Property on the terms and conditions herein set forth: A. The construction of City Improvements generally including reconstruction of Lake Drive, construction of Apollo Drive, construction of Marketplace Drive, storm sewer, sanitary sewer and water main within Apollo Drive, and sidewalks. B. Construction Procedures 1. All City Improvements above shall be instituted, constructed and financed pursuant to Minnesota Statute §429 and City Charter providing that such Improvements be made and assessed against the benefited properties. C. Levy of Special Assessments and Required Payment Therefore.. 1. The entire cost of the installation of such Improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties in accordance with City policy existing the date of this Agreement, payable over a term of 10 years in equal semi-annual installments of principal and interest at a rate of 7% per annum. The pro rata share of such assessment for the "Property" (Lot 2, Block 1, Lino Lakes Market Place 2nd Addition) shall not exceed $51,411.89. All special assessments levied hereto shall be payable in semi- annual installments over ten (10) years and shall be certified to the Anoka County Auditor for collection with the Real Estate Taxes. 2. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the Property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to M.S.A. §429.081. 04/03/02 4 TCF Agreement REIMBURSEMENT OF COSTS The Developer agrees to establish a noninterest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all costs incurred by the City related to the development and improvement of the site and Developer improvements, including, but not limited to, the following: 1. Administration (Planning, Engineering, Legal, etc.) $1,500.00 2. Sanitary Sewer Trunk unit charge ($955.00 per SAC unit) estimated. $1,910.00 3. Water Trunk unit charge ($1,541 per SAC unit) estimated. $3,082.00 Total Estimated (Budget) Costs for Escrow Account $6,492.00 If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. REMEDIES FOR BREACH 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 fmancial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City in writing of its intention to cure the default within 10 days thereafter, the City will proceed with the remedy it deems appropriate. 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. 04/03/02 5 TCF Agreement 1. Specific Performance. The City may, in writing, direct 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,. 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. 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. 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 04/03/02 6 TCF Agreement 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. 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. 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. 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. 04/03/02 7 TCF Agreement 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 notice 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. 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. 04/03/02 8 TCF Agreement DEVELOPER CITY OF LINO LAKES By Developer Mayor ATTEST: By Clerk 04/03/02 9 TCF Agreement STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA On this i (J day of T -4 -pr j , 20 02, before me, a Notary Public within and "fT for said County, personally appeared t! . �L, c.L (Mayor) and PrIn ) F2 (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. USA M. HOGSTAD NOTARY PUBUC - MINNESOTA `. MY Commission Expires Jan. 31, 2005 If✓III./I..R/: ti ti ti �f,IIIIIIIJ-J� STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) �-- On this day of , 20, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they/he executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, MN 55303 04/03/02 10 TCF Agreement