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Home My WebLink AboutRES 80-055 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII ionaa Box: 23 Folder: RES 1980 Document: RES 80-055 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT RESOLUTION 80-055 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WHEREAS, Developer is the- fee owner of the land situated in the City of St. Anthony, County of' Hennepin, State of Minnesota, legally described as Lot 20 , Block 12 , Mounds View Acres Second Addition, according to the recorded plat thereof; and WHEREAS, Developer has made application to the City Council under the City' s ordinances for certain variances and for vacation of a portion of Sunset Lane, to provide for development of the Sub- ject Property with a multiple unit storage, or "mini warehouse" facility; and WHEREAS, the City Council has approved the variances and street vacation . subject to and on condition that Developer enter into a development agreement; and WHEREAS, the Development Agreement states the Developer will, at Developer's expense, construct, install and perform all work and furnish all materials in connection with the installation of a road and sidewalk along the portion of Sunset Lane which remains after the vacation, and in connection with the marking of parking • spaces to meet the requirements of the City' s Ordinances; and WHEREAS, the Development Agreement requires execution of the Agreement between the Developer and City of St. Anthony. NOW, THEREFORE,, BE IT RESOLVED that the City Council of the City of St. Anthony approves the Development Agreement and directs the Mayor and City Manager to execute said Development Agreement. Adopted this (off day of 1980 . Mayor ATTEST.: City Clerk Reviewed for administration: . City anager • CITY OF ST-. ANTHONY ' DEVELOPMENT AGREEMENT THIS AGREEMENT, Made and entered into as of tAa'U_ 19_2_L__, by and between the. CITY OF ST. ANTHONY, :a Minnesota municipal corpora- tion (hereinafter called the "City") , and BERNARD BLANSKE (hereinafter called "Developer") ; WITNESSETH: WHEREAS, Developer is the fee owner of the land situated in the City of St. Anthony, County of Hennepin, State of Minnesota, legally described as Lot 20, Block 12, Mounds View Acres Second Addition, according to the recorded plat thereof (hereinafter called the "Subject Property") ; and WHEREAS, Developer has made application to the City Council under the City's ordinances for certain variances and for vacation of a portion of Sunset Lane, to provide for development of the Subject Property with a'multiple • unit storage, or "mini-warehouse"- facility; and . WHEREAS, The City Council has approved the variances and street vacation subject to and on condition that Developer enter into this agreement and on the -condition that Developer complies with the conditions set forth in St. Anthony Resolution No. $0-05S adopted .'A& ,v-st-a6,_19-�:D (hereinafter called the "Resolution") ; and WHEREAS, Developer will, at Developer's expense, construct, install and perform all work and furnish all materials in connection with the installation of a road and sidewalk along the portion of Sunset Lane which remains after the vacation, and in connection with the marking of parking spaces to meet the re- quirements of the City's Ordinances (hereinafter called the "Improvements") . NOW, THEREFORE, In consideration of the foregoing premises and in consi • deration of the approvals by the City relating to the Subject Property, the City and Developer hereby agree as follows: 1. Improvements by Developer. Developer agrees, at Developer's expense, to construct, install and perform all work and furnish all materials • and equipment in connection with the installation of the Improvements. Any contractor. selected by Developer to construct and install the Improvements or any part thereof shall first be approved in writing by the City. The City reserves the right to require evidence of competency, insurance and adequate financial status of any such contractor. 2. Standards of Construction. Developer-agrees that all of the Improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineers and the requirements of applicable City ordinances, and that all of said work shall be subject to the inspection and approval of the City Engineers. 3. Materials and Labor. All of the materials to be employed in • the installation of the Improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected. by the City as defective or unsuitable, then such rejected material shall be removed ar.' replaced with approved material, and rejected labor shall be done ane : to the reasonable satisfaction and approval of the City at the cost and expense of the Developer. ' 4. Schedule of Work. Developer further agrees that Developer shall commence work hereunder on or before -�'u ne- I 19 and shall have all work done and ,improvements fully completed to the satisfaction and approval of the City on or bef ore N n"r M P r . Developer shall submit a written schedule indicating the proposed progress -2- and order of completion:of the work covered by this agreement, which schedule shall be considered a part of this agreement. Upon receipt of written notice • from Developer of the existence of causes over which Developer has no control and which will delay the completion :of the work, the City, in the reasonable exercise of its discretion,' may by wri-�ten amendment hereof, extend the date hereinbefore speci`.ied for completion. 5. Plans and Specifications. a. Developer agrees to cause Developer's engineers to prepare all plans and specifications necessary for the installation of the Improvements. All plans and specifications shall be subject to the final approval of the City Engineers. b. Upon completion of construction, Developer shall cause Developer's engineers to prepare and file with the City • an as built" plan showing the installation of the Improvements. 6. Reimbursement of Costs. Developer shall reimburse .the City for all actual costs of engineering and legal fees billed to, and paid by, the City in connection with the preparation, administration and enforcement. of this agreement and the performance of this agreement by Developer. At the time of release by the City of the performance bond, or alternate security, required under paragraph 8, the actual amount of 'the costs under this paragraph shall be determined by the City Clerk and any amount due by the Developer to the City for reimbursement of the costs shall be paid prior to release of the bond or other security. The bond or other security required under paragraph-8 shall secure Developer's obligations under this paragraph. If , the amount paid by Developer exceeds the actual costs to the City, the excess shall be refunded to Developer. -3- 7. Disclaimer by City. It is understood and agreed that the City, the City Council, 'and the agents and employees of the City shall not be • personally liable or responsible in any manner to Developer, Developer's can or subcontractors, materialmen, laborers or to any other person, firm or corporation, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the installation of the Improvements; and that Developer will save the City, the City Council, and the agents, officers and employees of the City 'harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs.. disbursements and expenses of defending the same. , 8, Security. For the purpose of assuring to the City that the Improvements shall be constructed, installed and furnished according to the terms of this agreement, and that Developer shall pay all claims for work done-and materials and supplies furnished for the performance of this agreement, • Developer agrees to furnish to the City a corporate surety performance bond in the amount of at least $ ao,000.oo in form satisfactory to the City and naming the -City as obligee thereunder. The bond shall be conditioned upon the performance by Developer of Developer's obligation hereunder. At Developer's option, in lieu of the bond, Developer may deposit with the City .cash, certified funds or an irrevocable letter of credit in at least said amount, provided that the City is able to draw upon such .funds or letter of . . credit in its sole discretion to complete the Improvements whenever the City determines that Developer has failed. to perform any of Developer's _obligations hereunder. If cash or certified funds are deposited with he City as herein provided, the City shall deposit same in an interest-bearing account. If Developer completes the Improvements in accordance with this agreement and • the work is accepted by the City, the principal amount of such deposit, -4- •together with all interest thereon, shall be'refunded by the City to Developer. The City Council shall authorize reduction of the amount of the bond or • deposit as completion of the Improvements progresses, based upon recommenda- tions-.by ecommenda-tions by the City Engineers and the City Engineers' estimate of the cost of completion of the Improvements. The bond or security shall not expire prior to a date 30 days after the date for final completion of all work as referred to in paragraph 4 hereof. 9. Erosion Control. Developer, at Developer's expense, shall provide temporary dams, earthwork or such other devices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and- erosion of lands and roads within and. outside the development during all phases of said construction. 10. Replacement. All work and materials performed and furnished hereunder by Developer, Developer's.agents and subcontractors, found by the • City to be defective within one year after acceptance by the City shall be replaced by Developer at Developer's sole expense. 11. . Liability Insurance. Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage.-which may arise out of Developer's work or the work of Developer's subcontractors; or by one directly or indirectly employed by any of them. Limits for..bodily injury or, death shall be not less than $200,000 for one person and $500,000 for each accident; limits for property damage shall be not less than $100,000 for each accident and $500,000 for accidents during the policy period. The City shall be named as co-insured on said policy and Developer shall file a certificate of insurance or copy of the policy evidencing'.such insurance coverage with the City. Developer will cause • each person or company with whom Developer contracts for installation of the Improvements to 11 furnish the City with the same evidence of complete insurance coverage as is required to be furnished by Developer. -5- 12. Construction by City. The City may, pursuant to Paragraph 13 hereof, install and construct any of the .Improvements. If the City installs any Improvements, .Developer agrees that the City may spe- cially. assess pe-cially- assess the cost thereof against the Subject Property, and Developer agrees to pay the entire amount of the assessment roll pertaining to the Improvements within 30 days after- its adoption. 13: Remedies Upon Default. If Developer defaults in the performance of any of the covenants and agreements herein contained, and such default is not cured within 30 days after receipt by Developer of written notice thereof, the City, if it so elects, may cause any of the Improvements to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative ex- pense incurred by the City, to be assessed as a special assessment against the Subject Proper6y. In addition, the City may use all or any part -of the • security deposited with it pursuant to paragraph 8 hereof for the payment of said costs and expenses. The City also may take legal action against Developer and any surety on its performance bond to collect said costs and expenses. In the event of an emergency, as determined by the City Engineers, the notice requirements to Developer shall be and hereby are waived in their entirety, and Developer shall reimburse the City for any expense incurred by the City. in remedying the conditions creating the emergency. 14. Address of Developer. The address of Developer- for purposes of this agreement is: -6- 15. Successors and Assigns. This agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns; provided, however, that Developer shall. not assign this agreement or any interest therein without the prior written consent of the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF ST. ANTHONY ..,.By: Its Mayor And: ItIV Manager DEVELOPER. ernard Blanske STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument as acknowledged before me thisay of ,19 by 1 ,Mayor, and. Manager the CITY OF ST. ANTHONY, a Minnesota municipal conforat'gplm bf of e corporation. Ce ithe L. EAPPA MaNNERN COUNTY NOTARY T COMM1f1P( .MINIJ6901'.4 YAR. 9. 1993 : " ON , Notary Public STATE OF MINNESOTA ss. COUNTY OF ) h fo egoing instrument was acknow1 dged before me this&day of JJ ,l9_L6 _,by d9 AA//117 ---- -------------- CANGLOW L. ZAPPA NZIt�COUNTY NOTAII►�YINNHSOTA Notary Public M1'COM"ION�Nw UAR. 0. 1181