HomeMy WebLinkAboutResolution 7839 • RESOLUTION 7839
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A LIMITED USE AGREEMENT WITH MV ESTATES FOR ON-STREET
PARKING ON JACKSON DRIVE AND GROBERG STREET
WHEREAS, in January 1983, the City Council first considered allowing MV
Estates to construct on-street, bump-out parking areas on Jackson Drive and Groberg
Street to address inadequate parking difficulties; and
WHEREAS, on June 3, 1987, the City authorized MV Estates to construct these
on-street parking areas; and
WHEREAS, Jackson Drive and Groberg Street were scheduled to be
reconstructed in 2011 with Area D of the Street and Utility Improvement Program; and
WHEREAS, the parking area on Jackson Drive was required to be reconstructed
to current State Aid standards due to the Municipal State Aid designation of Jackson
Drive; and
WHEREAS, a Limited Use Agreement has been prepared to address MV Estates
• use of the City's Right-of-Way on Jackson Drive and Groberg Street for parking
purposes and assigning costs associated with construction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The attached Limited Use Agreement with MV Estates to allow on-street parking on
Jackson Drive and Groberg Street is hereby approved.
2. The Mayor and City Administrator are hereby authorized and directed, for and on
behalf of the City, to execute and enter into the attached Agreement.
Adopted this 10th day of October, 2011.
e F or
ATTEST:
j
James Ericson, City Administrator
(SEAL)
•
LIMITED USE AGREEMENT
THIS LIMITED USE AGREEMENT (the "Agreement")is made as of this day of
2011, by and between the City of Mounds View, a Minnesota
municipal corporation (the "City"), and Mounds View Estates, a Minnesota limited partnership
(the"Permitee").
RECITALS
A. Groberg Street and Jackson Drive are improved rights-of-way dedicated to the
City of Mounds View(the "Rights-of-Way").
. B. The Permitee is the fee owner of several real properties that contain apartment
buildings known as the "Mounds View Estates." The properties are located at 2285 Groberg
Street, 2275 Groberg Street, 2305 Groberg Street and 2300 County Road I and are legally
described on the attached Exhibit A (the"Parcels").
C. In January of 1983, the Permitee requested and the City agreed to permit the
residents of the apartment buildings on the Parcels and their invitees to use certain areas within
the Groberg Street and Jackson Drive Rights-of-Way for the parking of vehicles due to there
being insufficient parking on the Parcels. One of these areas is located on the west side of
Jackson Drive between County Road I and the access to the Permitee's parking lot ("Jackson
Parking Area") and the other area is directly in front of the 2285 and 2275 Groberg Parcels on
the north side of Groberg Street ("Groberg Parking Area") (collectively, the "Parking Areas").
The Parking Areas are depicted on the attached Exhibit B.
D. The City is reconstructing the Rights-of-Way as part of a public improvement
project (the "Project"). As part of the Project, the Permitee has requested that the City design
and construct the Project in such a manner that vehicles are still able to be parked in the Parking
Areas. The Permitee has also agreed to pay the City for the costs related to incorporating and
improving the Parking Areas.
E. The City has agreed to continue to permit residents of the apartment buildings
on the Parcels and their invitees to use the Parking Areas. The City has also agreed to design
and construct the Project in such a manner that vehicles are still able to be parked in the Parking
Areas,provided that the Permitee enters into this Agreement with the City.
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• NOW THEREFORE,the Permitee and the City agree ree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals set forth above are incorporated herein
and made a part of this Agreement.
2. Use of the Parking Areas. The City does hereby permit the Permitee to use the
Parking Areas for the purposes of parking of vehicles for residents of the Parcels and their
invitees in exchange for the Permitee's covenants and promises contained herein. Such
permission and continued use of the Parking Areas shall not be construed to constitute an
abandonment of or intent by the City to abandon the Parking Areas or any portion of the Rights-of-
Way. Such permission and continued use of the Parking Areas shall be subject to the City's sole
discretion.
3. Description of the Improvements to the Parking Areas:
a. Jackson Parking Area. The improvements to the Jackson Parking Area consist of
removing the pavement and curbing in the area,grading and compacting the existing
aggregate base course, and constructing the area with concrete pavement. A
concrete curb and gutter will be installed around the perimeter of the parking area
with the exception of the area where the parking area adjoins the travel lanes of
Jackson Drive. In that area, a ribbon curb (valley gutter) will be installed. The
parking area will be striped to allow for 60 degree angle parking. Turf restoration
will also be performed if deemed necessary by the City. A depiction of these
improvements is shown on the attached Exhibit C. Construction for these
improvements will be performed by the City's contractor except construction of the
concrete pavement, which will be performed by the Permitee's contractor to City
standards.
b. Groberg_Parking Area. The pavement in the Groberg Parking Area will not be
reconstructed during the reconstruction of Groberg Street. A ribbon curb will be
constructed on the edge of the travel lane (where the curb and gutter typically are)
and the existing pavement used for the Groberg Parking Area will be patched as
required for street reconstruction with similar material as currently exists. The
Groberg Parking Area will not be striped, however Permitee acknowledges that
angle parking may be required by the City in order to keep vehicles from blocking
the adjacent street. Turf restoration will be performed if deemed necessary by the
City.
4. Payment. The Permitee agrees to pay the City's legal costs incurred in preparing
this Agreement ($1,813) and in constructing the improvements to the Jackson Parking Area listed
above performed by City's contractor, with the exception of the costs of constructing the ribbon
curb and turf restoration costs, which will be paid by the City. The City will pay the construction
costs associated with the improvements to the Groberg Parking Area. The Permitee also agrees to
pay a percentage of the City's design, legal and administrative costs that are associated with the
Project. The Permitee's percentage of these costs will be calculated by determining what
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percentage of the total Project construction costs constitutes costs for improvements to the Parking
Areas. An estimate of these costs is set forth in attached Exhibit D. After the Project is completed,
the City shall provide the Permitee with an invoice for the costs. The Permitee shall pay the full
amount of the invoice within 30 days of the date of the invoice or complete a Petition and Waiver
Agreement form for assessing the private improvements against the Parcels. In the event that the
Permitee does not pay all of the costs, as an additional remedy, the City may assess, at its option,
the Parcels in the manner provided by Minnesota Statutes Chapter 429, or Minnesota Statutes
Sections 415.01 or 366.012, or by any other available means. The Permitee hereby consents to the
levy of such special assessment or assessments without notice or hearing and waive any rights to
appeal such assessment pursuant to Minnesota Statutes Section 429.081, provided the amount
levied does not exceed the expenses actually incurred by the City in the recovery or collection of
the costs.
5. Maintenance and Repair of the Parking Areas. The Permitee shall be solely
responsible for any maintenance and repair of the Parking Areas, including but not limited to
pavements, curbing, and pavement markings. The Permitee must maintain the 60 degree angle
parking stall configuration for the Jackson Parking Area for the duration of this Agreement
unless prior written permission is obtained from the City's Director of Public Works. The
Permitee shall keep the Parking Areas in good condition at all times. The Permitee shall keep
the Parking Areas clean and free of any snow, ice, rubbish or waste materials. The Permitee is
responsible for snow removal from the Parking Areas, including any snow that is deposited into
the Parking Areas from the plowing of the adjacent streets. The Permitee shall store any snow
removed from the Parking Areas on the Parcels and shall not deposit any snow removed from
the Parking Areas into the Rights-of-Way. The Permitee shall not allow any parked vehicle in
Parking Areas to block or impede the flow of any vehicular traffic on adjacent roadways. The
Permitee shall not allow any inoperable vehicles to be parked in the Parking Areas. The
Permitee shall not use the Parking Areas for the storage,handling,transportation or disposal of any
hazardous substance, hazardous waste, pollutant or contaminant as those terms are defined in 42
U.S.C. Section 9601 et. seq. ("CERCLA") or Minnesota Statutes Chapter 115B ("MERLA"). In
the event that the Permitee violates any provision in this paragraph, this Agreement may be
terminated by the City. The City shall provide the Permitee with notice of the default and a 10 day
opportunity to cure the default. If the default is not corrected, the City may immediately terminate
this Agreement and the Permitee shall immediately vacate the Parking Areas.
6. Hold Harmless; Indemnification. Any and all claims that arise or may arise against
the Permitee, its officers, employees, agents or contractors as related to the Permitee's use,
maintenance and repair of the Parking Areas shall in no way be the obligation of the City.
Furthermore, the Permitee shall indemnify, hold harmless and defend the City, its officials,
employees, contractors and agents from and against any and all liability, loss, costs, damages,
expenses, claims, actions or judgments, including reasonable attorneys' fees which the Permitee, its
officers, employees, agents or contractors may hereinafter sustain, incur, or be required to pay,
arising out of by reason of any act or failure to act by the Permitee,its officers,employees,agents or
contractors or arising out of or by reason of this Agreement. Nothing in this Agreement shall be
construed as a waiver by the City of any immunities, defenses, or other limitations on liability to
which the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes Chapter 466 or otherwise.
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7. Insurance. During the term of this Agreement, the Permitee shall procure and
keep in force occurrence-based commercial general liability insurance, providing coverage for
bodily injury, personal property damage, personal injury and contractual liability, on terms and
with companies acceptable to the City. Such policy shall have combined policy limits in
amounts not less than $1,500,000.00. The policy must name the City as an additional insured.
The policy must be effective upon the effective date of this Agreement and provide for 60 days'
notice to the City in the event of cancellation,non-renewal or modification of the policy(ten(10)
days for non-payment of premium).
8. Term and Termination. This Agreement shall be effective upon the date above
written and shall continue until terminated by either party as set forth in this Agreement. The
City or the Permitee may terminate this Agreement at any time for any reason, or for no reason
at all, by providing 60 days' written notice to the other party. Upon termination of this
Agreement by either party, the Permitee shall immediately vacate the Parking Areas and the City
may remove any of the improvements within the Parking Areas.
9. Legal Fees. The City is entitled to recover its reasonable attorneys' fees and
costs incurred in enforcing the terms of this Agreement.
10. Notice. Any notice, demand, or other communication under this Agreement by
either party to the other shall be sufficiently given or delivered if it is dispatched by registered or
certified mail,postage prepaid,return receipt requested, or delivered personally; and
. (i) in the case of the Permitee: Mounds View Estates
2536 Marshall Street NE
Minneapolis,MN 55418-3329
Attn:
(ii) in the case of the City: City of Mounds View
2401 Highway 10
Mounds View,MN 55112
Attn: City Administrator
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this paragraph.
11. Recording. The City may record this Agreement and any amendments thereto in
the office of the Ramsey County Recorder or Registrar of Titles, as may be applicable, at the
Permitee's expense.
12. Entire Agreement; Modification. This Agreement constitutes the entire agreement
between the parties and supersedes any other written or oral agreements between the parties relating
to the Parking Area. Any modification of this Agreement or additional obligation assumed by
any party in connection with this Agreement shall be binding only if evidenced in writing signed
by the parties to be affected by said modification or additional obligation.
13. Assi ent. The Permitee shall not assign any rights under this Agreement
• except with the prior,express, and written consent of the City.
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IN WITNESS WHEREOF, the City and Permitee have executed this limited use
agreement this day of , 2011.
CITY OF MOUNDS VIEW
By:
Joe Flaherty
Its: Mayor
By:
James Ericson
Its: City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 2011, by Joe Flaherty and James Ericson, the Mayor and City
• Administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation,
on behalf of the City.
Notary Public
•
3811900 MU210-179
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PERMITEE:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2011, by and , the
and respectively, of Mounds View Estates, a
Minnesota limited partnership on behalf of the partnership.
Notary Public
THIS DOCUMENT IS DRAFTED BY:
Kennedy&Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis,MN 55402
(612) 337-9300
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EXHIBIT A
Legal descriptions of the Parcels
2275 Groberg Street
The East 100 feet of the South 1/2 of Lot 4, Block 4, Spring Lake Park Highlands, County of
Ramsey, State of Minnesota.
2285 Groberg Street
The South 1/2 except the East 100 feet of Lot 4, Block 4, Spring Lake Park Highlands, County of
Ramsey, State of Minnesota.
2305 Groberg Street
The South 209 feet of the North 390 feet of the following part west of Jackson Drive of the East
329.89 feet of the Northeast 1/4 of the Northwest 1/4 of Section 8,Township 30,Range 23, County of
Ramsey, State of Minnesota.
2300 County Road I
The North 181 feet of the following part west of Jackson Drive of the East 329.89 feet of the
Northeast 1/4 of the Northwest 1/4 (subject to road) in Section 8, Township 30, Range 23, County of
Ramsey,State of Minnesota.
•
381190v4 MU210-179
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EXHIBIT C
Depiction of the Improvements to the Jackson Parking Area
8612 CONMIM I �
CURB AND GUTTER
2305
CIMSTRUCT 52'FJF 8618 AND 8612 36'RIBBON CURB
CONSTRUCT COMMERCIAL CONCRETE CURB AND GUTTER PER -'
CONCRETE DRIVENVAY APRON i TyPMk SECTION 31C1.01-5
PER STANDARD DETAIL STR-7 a
I i 2300
I 'I
- Yf
RADRIS 64P.)
x S1 L.25+96
BtI S.44P.146-245-OM
_ P9RTC14 EMS
MATCH EXISTING 7(3 ATE PA
t
CONCRETE CURB AND { '
E 15' {TYP.) GUTTER(BOTH SIDES)
RADIUS
2285 I
8618 CONCRETE 228f1
CURB AND GUTTER
�M
i tJ'1
I - I
I I�1 j
I I
5474 1 5480 I ( 2275
I
i
0 5D 100
v
i i I Haixontal Stile In Feet
SEE SHEET CSA7 0 10 20
Vertical Scale In Feet
is
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• EXHIBIT D
Cost Estimate
COST ESTIMATE FOR LIMITED USE AGREEMENT WITH MOUNDS VIEW ESTATES
FOR ON-STREET PARKING ON JACKSON DRIVE
10/3/2011
CONSTRUCTION COSTS FOR CONCRETE PARKING AREA WITH B612 CONCRETE CURB AND GUTTER:
No. Item Units Qty Unit Price Total Price
1 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 578 $5.00 $2,890.00
2 B618 CONCRETE CURB AND GUTTER LF 281 $8.00 $2,248.00
3 6"CONCRETE DRIVEWAY APRON-BY PERMITEE'S CONTRACTOR $0.00
4 4"SOLID LINE,WHITE PAINT LF 492 $0.20 $98.40
TOTAL ESTIMATED CONSTRUCTION COSTS FOR LIMITED USE AGREEMENT: $5,236.40
• DESIGN,LEGAL,AND ADMINISTRATIVE FEES:
1 TOTAL PROJECT ESTIMATED CONSTRUCTION COSTS(CONTRACT AMOUNT): $1,969,374.79
2 TOTAL ESTIMATED CONSTRUCTION COSTS FOR LIMITED USE AGREEMENT: $5,236.40
3 PRO-RATED PERCENTILE OF CONSTRUCTION COSTS: 0.27%
4 TOTAL PROJECT ESTIMATED DESIGN,LEGAL,&ADMINISTRATIVE FEES: $515,000.00
TOTAL ESTIMATED PRO-RATED DESIGN,LEGAL,&ADMIN.FEES FOR LIMITED USE $1,363.60
AGREEMENT:
TOTAL ESTIMATED COSTS FOR LIMITED USE AGREEMENT: $6,600.00
•
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