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04 iii "IU/Ti/`V UtS:77 LT :uefue NU:07 sonestroo,ttosene,AnderAK and Associates:Inc 1s an Affirmative Action/Equal Opportunity employer on s loo Princip,th Ottn G.Ronemrdo,P,F.•Joseph C.Andean'.PE.•Marvin L.Sur v.114,P.C.• Glenn R.Cook P.Y.-knhert G.Srhunir*.P-E,• Jerry A.Bowden,P.E.. s gosene Hobert W.Roselle.NE,,,, ch E,,iiara E.'flamer.PE,and SUM M.Eberltn.C.P.A..Senior Consultants n . �_ �,, Assoriate Principals.Howard A.Sanford.P.E.•Keltri A.Gordon.PE,•Robert R.Pletterlc.P.E.- '""'' A f�O o u r & Richard W.Foster.Y.E.•David 0.Loskota,P.E.•Robert C.Russck.&LA -Mirk n Hanson,Pt.- A1} Michael T.Rautmann,Pe.• Ted K.Pleld,P.E.•Kenneth P.Anderson,P.E.-Mark R.MILMILPe.• sacfiEWs Sidney P.Williamson,P.E.,L.S.•Robert F.Kotsmlth•Agnes M Ring Allan Rick Schmidt.PE. ' offices:St.Paul•Rochester,Willmar and St.Cloud,MN•Miteravkee,WI ., [ngowc ars &Ardn acts Weouite:www.DoneSLtOO.COm r /) C,%_ 4 MEMORANDUM :Y is Toeh McDonald,Doug Sandstad ' 'ri li.©Mo Mince Vander Top - lATIEo October 11, 1999 SUB11)Llti: Paddock Labo toles, he. 3'Ti Quebec Avenue No ", Our rile No. 34,-Gen E9$ 8 ; ; We have reviewed the Paddock Laboratories,Inc. site improvements. All work is complete A including restoration. The silt fence along the pond on the e:,t side of the property is still it place. It is recommended that the property owner remove this snit fence next year after the vegetation is more established. A sediment delta is beginning to form ,.,t the pond inlet adjacent to Quebec Avenue. It appears that these sediments are from ; re street and storm sewer system. D does not appear that these sediments are from the site construction. Public Works may consider removing these sediments .• , as routine pond maintenance in upcoming years. ' The bond for the site work was previously reduced in January 1999 from $165,000 to$37,500. • It is now recommended that the bond be released entirely all required work is complete. cc: Mark Hanson ' "ii, . Guy Johnson ' Paul Coone , ' p dl !r; , iii :'!'rt � iis ' ;r: i, I •:ii Z335 West 1+91ghway 36 $t• Paa.d, MN 55113 0 65i-636-46© G KEN: 654-636-4311 BONESTROO ROSENE ANDERLIK 'x"' 6126361311 04/01/98 08:57 ni :02/02 N0:028 Memorandum TO: Kirk McDonald, Doug Sandstad FROM: Mark Hanson, City Engineer DATE: March 31, 1998 SUBJECT: Paddock Laboratories, Inc. Building Expansion Our File No. 34-Gen (898-08) We have reviewed the above building expansion and recommend the following: • Staff has previously recommended a sidewalk extension along Quebec Avenue between Winnetka Avenue and 42" Avenue and 42"d Avenue to 49th Avenue. Presently, a sidewalk exists on the south side of Quebec Avenue abutting the church property to the east of the Paddock Laboratories site. It is felt a sidewalk to accommodate mixed uses along this alignment such as the church, YMCA, Sunnyside Park, and Ice Arena on 49th Avenue is not unreasonable. In addition. sidewalks in industrial areas do accommodate employees who may walk during lunch/breaks. It is recommended a sidewalk be constructed in the boulevard abutting this property. • The extension of the parking lot to the east is in an area where 5' of cut is required. In addition, poor soils exist in this area which may have to be removed to accommodate parking lot construction. The grading effort and removal of excess material shall not impact the existing condition on Quebec Avenue. The owner shall assume all responsibility for cleaning and repairing Quebec Avenue resulting from the building expansion. • The existing pond located along the east side of the site accommodates existing drainage for retention/water quality. It's anticipated the site grading/erosion will impact the pond. The owner shall assume responsibility for cleaning/reshaping the slope adjacent to the pond following the grading operation. • The overland drainage along the west and south wall of the proposed building shall be reviewed to minimize impacts, The drainage from adjacent properties, proposed slopes/grades next to the building expansion, and existing soil conditions may warrant storm sewer or drain tile extensions into these areas. The storm sewer extension along the south property line collecting drainage from the adjacent cemetery property in Crystal shall be included in a new dedicated easement since the storm sewer will convey drainage from other properties or be relocated within the existing easement along the south property line. • The truck access route to the loading dock areas shall be reviewed to ensure all required turning movements can be accommodated. 696545. A-)-) .'ion /4LI u-1 On /- - ,)"n'i j'� - CITY OF NEW HOPE SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Bruce G. Paddock and Paddock Laboratories, Inc., a Minnesota corporation (hereinafter collectively "Developer") and the City of New Hope (hereinafter "City"), this,,,W day of �� , 1998. WHEREAS, on April 13, 1998, by Resolution No. 98-61 , the City Council approved Developer's site and building plans as set forth in Planning Case No. 98-05 (hereinafter the "Plans") involving certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 3940 Quebec Avenue North, legally described as: Lot 1 , Block 1 , Village Industrial Park 2nd Addition, (hereinafter "Property") to allow construction of expansions to the existing building's warehouse and production/laboratory facilities, and WHEREAS, approval was granted subject to the following conditions: 1 . Written approval by Shingle Creek Watershed. 2. Verification of condition of the existing NURP pond, and sediment removal if necessary. 3. Plant sizes to comply with minimum plant sizes specified in City Code. 4. Comply with City Engineer recommendations, except for sidewalk. 5. Development Agreement to be executed and performance bond provided (amount to be determined by City Engineer and Building Official). NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1 . INCORPORATION OF RECITALS. The recitals above are incorporated herein by reference, specifically including the conditions of the approval. 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including the Secured Work as described below, and including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction and in compliance with all TRANSFER EIRE t ENNEPIN CQUICY,7� ?q� SERVICES AUG 1Z 1 9 / applicable codes, ordinances, standards, and policies of the City. 3. THE SECURED WORK. The Secured Work includes all on-site exterior amenities shown on the Plans that are listed below. Item Construct Parking Lot: Remove existing bituminous and curb $9,000.00 Grading, excavation, granular borrow 32,000.00 New pavement, curb and curb and gutter 34,000.00 Estimated Parking Lot Cost 75,000.00 Construct Utilities: Move Hydrant 2,000.00 Storm Sewer 23,000.00 Estimated Utility Cost 25 000.00 Site Grading and Landscaping 10,000.00 Total 110,000.00 + 50% Increase 55,000.00 Total Amount of Financial Guarantee $165,000.00 The Developer unconditionally guarantees to the City all of the Secured Work for a period of one year subsequent to the Completion Date of the Secured Work. This guarantee shall include failure of the Secured Work due to poor material, faulty workmanship, or any other cause. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City. 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 30th day of April, 1999 (the Completion Date), except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City, and the City can take action at any time thereafter to require completion of the Work, 2 and payment for same. Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Developer in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either complied with this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person who shall give a financial guarantee to the City as required below. 4. COST OF WORK. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. DEFAULT. In the event of default by the Developer as to any of the Secured Work to be performed hereunder, the City may, at its option, perform the Secured Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the Secured Work in default and required to be done by the Developer, not less than 7 days being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 7 day notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force majeure. 6. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the actual costs to the City associated with Planning Case 98-05 and this Agreement, including but not limited to, engineering and attorney's fees. Developer agrees that the financial guarantee shall not be released until all such costs have been paid to the City. 7. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, 3 regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Developer, or the City, upon the failure of the Developer to comply with any conditions of this Agreement, performs said conditions pursuant to the financial guarantee, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the performance of the Developer's required work under this Agreement. 8. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 9. FINANCIAL GUARANTEE. The Developer shall furnish the City with a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to the City. Said financial guarantee shall be furnished to the City as security to assure completion of the items of Secured Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150% of the cost of the Secured Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Secured Work undertaken and releases the surety and/or the Developer from any further liability, and until all administrative costs are paid in full. The City Council may reduce the amount of the financial guarantee upon partial completion of the Secured Work and payment of all outstanding administrative costs. 10. NOTICE. The address of Developer, for purposes of this Agreement is as follows, and any notice mailed by the City to this address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: PADDOCK LABORATORIES, INC. 3940 Quebec Avenue North New Hope, MN 55427 11 . SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 4 12. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ; • CITY OF NEW HOPE • By Its Mayor ,/ Its City Manager 111 C4141 I) Bruce G. Paddock PADDOCK LABORATORIES, INC. By Its clr-E' By is cer - �V.� 96/4.--z7 tZ 5 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) he foregoing instrument was acknowledged before me this, q )day of , 1998, by W. PETER ENCK and DANIEL J. DONAHUE, the Mayor and nager, respectively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. VALERIE J. LEONE LJA1_17 r.° ' NOTARY PUBLIC - MINNESOTA __ ~; My January 31. Expires •,�' '' Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) . The foregoing was acknowledged before me this day of I_ , 1998, by Bruce G. Paddock. i • 'N, JENNIFER L SIS i:.' "1N ./ -Art. MAR' AX— Ta - = DRAFTED BY: CORRICK & SONDRALL, P.A. 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 7