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HomeMy WebLinkAbout2732'T'homas J. Campbell Roger N. Knutson Thomas N1. Scott Elliott B. Knetsch Joel J. jaannik Andrea McDowell I'oehlcar Soren NI. !4lattick John F. Kelly Henry A. S h w4lCr, III Mina Si!ov rtz Samuel J. Edmunds Cynthia R. Kircho££ ':Marguerite M. McCarron rzra�x: 01-432 CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234 -6222 E -mail Address: snelson@ck- law.com January 8, 2009 Ms. Debra A. Mangen, City Clerk City of Edina 4801 West 50th Street Edina, Minnesota 55424 -1394 RE: EDINA — RECORDATION OF DOCUMENTS ➢ York Place — 3101 and 3201 West 69th Street Dear Deb: Enclosed for the City's files please find original recorded Final Development Plan Agreement for 3101 and 3201 West 69th Street, which was recorded with Hennepin County on August 28, 2008 as Torrens Document No. 4524868. Regards, CAMPBELL KNUTSON Professional Association B Su an R. Nelson, Legal Alt tant SRN:ms Enclosure Doc No 4524868 08/28/2008 11:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 436523 New cert Cert 1226596 1226597 Deputy 45 Fees $1.50 AF $10.50 STATEFEE $54.00 TDOCFEE $0.00 TSUR $2.00 COPY $68.00 Total 12.26546 1�265r? (reserved for recording information) FINAL DEVELOPMENT PLAN AGREEMENT 3101 AND 3201 WEST 69TH STREET AGREEMENT dated AV 4 us t 7* , 2008, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City "), and YORK PLACE WEST, LLC, a Minnesota limited liability company, and YORK PLACE EAST, LLC, a Minnesota limited liability company (hereinafter collectively the "Developer") 1. REQUEST FOR FINAL DEVELOPMENT PLAN APPROVAL. The Developer has asked the City to approve a Final Development Plan for 3101 and 3201 West 69th Street (referred to in this Contract as the "Final Plan "). The land is situated in the County of Hennepin, State of Minnesota, and is legally described on the attached Exhibit "A" ( "Subject Property "). 2. CONDITIONS OF FINAL PLAN APPROVAL. The City hereby approves the Final Plan on condition that the Developer enter into this Contract, furnish the security required by it, and record the Final Plan with the County Recorder or Registrar of Titles.. 3. RIGHT TO PROCEED. On the Subject Property the Developer may not grade or otherwise disturb the earth, remove trees, construct, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the Final Plan has 140546v04 1 Edina:3101 & 3201 West 69`h Street RNK:r08 /20/2008 (York Place West, LLC & York Place East. LLC) F inspectors and a soil engineer inspect the work on a full or part -time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre - construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, unless such work is first approved in writing by the City Engineer. 6. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include staking of public improvements monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be $5,915. 7. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: 140546v04 3 Edina:3101 & 3201 West 691h Street RNK:r08 /20/2008 (York Place West. LLC & York Place East. LLC) not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Final Plan is in full compliance with the approved erosion control plan. 12. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance during construction on West 69th street until the street is accepted by the City. Warning signs shall be placed when hazards develop in street to prevent the public from traveling on same and to direct attention to detours. If and when the street becomes impassable, the street shall be barricaded and closed. The Developer shall be responsible for keeping the street within and without the project area clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. The Developer may request, in writing, that the City keep the street open during the winter months by plowing snow from the street prior to final acceptance of said streets. The City shall not be responsible for repairing the street because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the project. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the street and bill the Developer. 13. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. 14. BUILDING PERMITS /CERTIFICATES OF OCCUPANCY. A. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the Final Plan. 14054604 5 Edina:3101 & 3201 West 69'h Street RNK:r08/20/2008 (York Place West, LLC & York Place East. LLC) 16. SPECIAL PROVISIONS. The following special provisions shall apply to Final Plan development: 2008. A. Compliance with the conditions in the City Engineer's memorandum dated May 22, B. Compliance with the conditions required by the City's Transportation Commission. C. All storm water must be treated on -site before it leaves the Subject Property. D. Two surface parking spaces in front of the apartments must be eliminated to meet the. required parking space setback from West 69t" Street. E. Bike storage must be provided to meet City Code. F. No drive - through window access is allowed for the retail buildings. F. Fifty percent (50 %) or more of the retail users in the building that faces York Avenue must have doors that have public access openings to the street. G. The project will be built according to the final plans and specifications and with materials as presented at the June 17, 2008 Edina City Council meeting 17. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Final Plan, or any part of it. B. Developer shall take out and maintain or cause to be taken out and maintained until the City has accepted the public improvements, 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 its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit 14054604 7 Edina:3101 & 3201 West 691h Street RNK:r08 /20/2008 (York Place West. LLC & York Place East. LLC) Plan until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 18. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 19. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty- five percent (25 %) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to the turn lanes construction shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. A" following installation. 14054604 RNK:r08 /20/2008 The required warranty period for sod, trees, and landscaping is one growing season 9 Edina:3101 & 3201 West 69`h Street (York Place West. LLC & York Place East, LLC) 21. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final Plan approval: Fee in lieu of On -Site Sanitary Sewage Retention System $ 161,591.68 City Engineering Administration 5,915.00 TOTAL CASH REQUIREMENTS $ 167,506.68 22. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 7760 France Ave. S., Suite 1020, Edina, Minnesota 55435. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Edina City Hall, 4801 West 50"' Street, Edina Minnesota 55424. 14054604 1 1 Edina:3101 & 3201 West 69`h Street RNK:r08 /20/'2008 (York Place West, LLC & York Place East, LLC) STATE OF MI NESOTA ) ( ss. VA NAA 1\1 COUNTY OF T for going instrument s acknowledged before me this day of -i:-& 2008, by the k co QA p I of YORK PLACE WEST, LLC, a Minnesota limited liability company, on behalf of the company. JANE M. TIMM N TARY BLIC f Notary Pubiio-Minnesota } My Con'vniaslon Expires Jan 31, 2010 STATE OF MINNESOTA COUNTY OF ' ) (ss. Th foregoing instru nt was a knowledged befor . me thi day of 2008, by the l Csi of YORK PLACE EAST, LLC, a Minnesota limited liability company, on behalf of the compa y. JANE M. TIMM Notary Publio- Minnesota ;NOTARY C •7� e• My commission Expires Jan 31. 2D10 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn 140546v04 13 Edina:3101 & 3201 West 691h Street RNK:r08 /20/2008 (York Place West. LLC & York Place East. LLC) FEE OWNER CONSENT TO FINAL DEVELOPMENT PLAN AGREEMENT York. Plucc WeS-t, "LG , a Minnesota limited liability company, fee owner of all or part of the Subject Property, the development of which is governed by the foregoing Final Development Plan Agreement, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Subject Property owned by it. Dated this - -? day of S f , 2008. STATE OF MINNESOTA ) yo r G,' g l a c e t-./es t-, L. L- C )AG–R-24. AVENUE PARZINJERS, LLQ BY: LL-4-J `�- Its `G C' /r/ etc�v,► 7' (ss. COUNTY OF "e ) &.-\ ) T e foreg ing in. ru M�- t was acknowledged be o e me this day of Ul. 2008, by 199 the of YQ* Avenb E, a Minnesota limited liability company, on behal of the company. hack �'t�� JANE M. TIMM OTARY BLIC Notary Publio-Minnesota MY Commission Expires Jan 31, 2010 `yam. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452 -5000 RNK:sm 140546x04 15 Edina:3101 & 3201 West 69`h Street RNK:r08 /20/2008 (York Place West. LLC & York Place East. LLC) j IRREVOCABLE LETTER OF CREDIT No. Date: e TO City of Edina 4801 West 5e Street Edina, Minnesota 55424 -1394 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) b) Be signed by the Mayor or City Manager of the City of Edina. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows: Edina City Manager, Edina City Hall, 4801 West 50' Street, Edina, MN 55424 -1394, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 140546v04 17 Edina:3101 & 3201 West 69th Street RNK:r08 /20/2008 (York Place West. LLC & York Place East. LLC)