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05 004 REAUEST 'Ola A© OR Originating Department Approved for Agenda Agenda Section Development Community Development & Planning 7-27-9 Item No. B'Kirk McDonald BY: 8.3 .. PLANNING CASE 98-13, REQUEST FOR SITE/BUILDING PLAN REVIEW/APPROVAL TO ALLOW BUILDING ADDITION, 4500 QUEBEC AVENUE NORTH, CONDUCTIVE CONTAINERS, INC. • The petitioner is requesting site/building plan review/approval to allow a 9,470 square foot addition to the east/southeast sides of the existing building, pursuant to Section 4.039A of the New Hope Code of Ordinances (no variances are necessary). In 1995 Conductive Containers, Inc. purchased the vacant industrial building at 4500 Quebec Avenue North. The City acquired the vacant property at 4400 Quebec Avenue North, south of the site, for the construction of a storm water retention pond. The City sold the vacant parcel to CCI at a reduced price in exchange for an easement over the pond, and the additional property allowed for future expansion needs. In July 1995, the Final Plat of CCI Addition was approved, which combined both lots under a single ownership. The property is located in an 1-2, General Industrial Zoning District, and surrounding properties include 1- . 2 General Industrial uses on the north, south, and across Quebec Avenue to the west, and R-4 high density residential (apartments) and R-1 single family homes to the east across the railroad tracks. CCI is a single tenant office-warehouse use, which is a permitted use in the 1-2 Zone, CCI is requesting approval to build a 9,500 square foot warehouse addition at the rear of the existing building and construct a small parking lot expansion. The existing site and property data is as follows: Percent Total Lot Area 139,185 square feet or 3.1 acres Building Area 25,000 square feet (existing) 24.8% 9,500 square feet (expansion) • 34,500 square feet Parking Lot Area 25,606 square feet 18.4% Green Area 79,029 square feet 56.8% (including pond) 100% • MOTION BY ( '/.-iy�.Z� SECOND BY < Z(. RFA-OO 1 s C. /3 CITY OF NEW HOPE SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Conductive Containers, Inc., an Illinois corpor jon (hereinafter "Developer") and the City of New Hope (hereinafter "City"), this/ day of if , 1998. WHEREAS, on July 27, 1998, by Resolution No. 98-116, the City Council approved Developer's request for a site/building plan review for certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 4500 Quebec Avenue North, legally described as: Lot 1 , Block 1 , CCI Addition, (hereinafter "Property") to allow a building addition at the Property, and WHEREAS, the City Council also approved Developer's site development plans for the Eroperty as set forth in Planning Case 98-13 (hereinafter "Plans"), and WHEREAS, the approvals were granted subject to the following conditions: 1 . Developer must submit a revised site plan with the noted ADA parking correction, prior to applying for a building permit. 2. Developer must show the recorded utility easements on the as-built site plan once the project is completed, and must adjust the existing utility structures (manhole rims, etc.) to comply with the final grades and be coordinated with the City Department of Public Works. 3. Developer must submit revised site plans showing replacement landscaping. 4. Developer must comply with Fire Department recommendations. 5. Developer must enter into a Development Agreement with the City and provide financial guarantee (amount to be determined by City Engineer and Building Official). 1 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 approvals. 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 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. Quantity Rem Lump Sum Adjust structures @ $2,000/I.s. $2,000.00 600 S.Y. Parking lot improvements @ $16.00/s.y. 9,600.00 800 S.Y. Turf restoration @ $2.00/s.y. 1 ,600.00 Lump Sum Erosion Control @ $1 ,500/l.s. 1 ,500.00 Subtotal $14,700.00 + 50% Bond Increase 7,350.00 Total Amount of Financial Guarantee $22,050.00 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 October, 1998 (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 2 City and the City can take action at any time thereafter to require completion of the Work, 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 Dev'-'oper, 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 98-13 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. 8. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents, employees, and representatives against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out 3 of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, 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, employees, or representatives, or failure by the City, its agents, employees, or representatives 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. 9. 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. 10. 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 depos;_ in Developer's name but assigned to the City; e) other financial instruments whir'h 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. 11 . 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: Conductive Containers, Inc. 4500 Quebec Avenue North New Hope, MN 55428 12. SEVERABILITY. If any portion, section, subsection, paragraph, 4 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. 13. 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 ✓�1 Z� Its Mayor ByZtIrt.A.V2L4Its City Ma CONDUCTIVE CONTAINERS, INC. By / z6ta ili— Its 4' � By Its 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) /� The foregoing instrument was acknowledged before me this �D /L day of (fie aL.A , 1998, by W. PETER ENCK and DANIEL J. DONAHUE, the Mayor and Inager, respectively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. /d-61.4,a_jT0jfliiTA NotaryPublic 1, January 31, 2000 STATE OF I\ngFsc- ) ss. COUNTY OF r1?oneto n ) The foregoing instrument was acknowledged before me this 1 ? day of , 1998, byv, ,.„ and the '� s� Spc& and respectively, of CONDUCTIVE CONTAINERS, INC., an Illinois corporation, on behalf of said corporation. 04:54-1- }rJ e)-/I' Notary Public CHRISTINE TRENHOLM NOTARY PUBLIC-MINNESOTA DRAFTED BY: My Commission Expires Jan.3t,2000 Jensen Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (612) 424-8811 6