07 3ONESTROO ROSENE ANDERLIK to vJ 1taJv�� i i I - ---• -- •__ .
lonestroe,Rosette.Anemia and Associates.Inc.Is an Affirmative At/UM/Equal Opportunity Employer
Bonestroo and Employee
Owned
Principals:Cnto[i Mnnrwuu,CL-Marvm I.swvale.T•r.•r,,irrvr R.Cuuk,P.E.•Rnbcrt(:.S,hunitht,PC.
Rosene Jerry ti Buunlon.Pt
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Senior Cocuultanto Ku
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Anderlik Principals:Keith A t.nrrkur,PL•Robert K.Ph.!lelle.P.E.•Kict%ird W.rotor.PE •t?avid Luskuta.Pt.-
MaroeMt• Ma+ Inn it Field,P.C.•Kenneth P Anderton,PE •Mark FA Ralik.P.C.•
VI Associates Dam Harmon.P.L.•B. • S r.ry nl.WilliemAnn,PC.-
Davld A.licrr•nstruu.M.B.A.A.• Srrtnry P Williamson.YI-.,I .5.•Agnes M.Met MBA.•Allan Ric►SfhmrrM FE
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Morton W Prterton,PE.• lames R.Mwlm,d.P.E.- Min-s R letuen.P.E.• 1.Phillip Grovel III.PE - I lanirt J.Edgerton PP
Engineers&Architects lynx)Martinet.P.C.• Thomas A Syiku.Pr.• sbdd0h!. Jotrnuxr• Dale A Gmve,PC.• Thomas A Rnttch:rr,PE.•
Ruben J.Devety.PF.
Offices:SI.Poul,SC CloUd.Rnr hrsirr And Willmar.MN•MIIwatACC.WI•Cltir ego,IL
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MEMO
TO: Kirk McDonald,Doug Sandstad
FROM: Vince Vander Top
DATE: November 5,2001
SUBJECT: Walgreens(42nd/Winnetka Avenues)
Our File No. 34-Gen E99-14
The original bond for the proposed improvements was $165,000. This was previously reduced to
$33,000 after the completion to the Walgreens building.
of
The remer of e work recomth the second structure and mended the following item be completedrbefore the release
complete. e site is now
However, it
of the bond.
• The storm water pond in the NE corner of the property has trapped silt and sediment
during the site construction. The sediment is located near the storm sewer inlet. Water is
also starting to undermine the flared end section of this inlet. It is recommended that the
sediments be removed and material under the flared end section be replaced and
stabilized with a small amount of rip rap.
After the completion of this work, it is recommended that the remaining bond be released.
Please contact me at 651-604-4790 if you have questions.
cc: Mark Hanson
2335 West Highway 36 • St. Paul, MN 551.13 • 651-636-4600 • Fax; 651-636-1311
l .'
Apr 07 2003 3: 30AM BONESTROO ROSENE ANDERLIK 6516361311 p . 1
Bonestroa
Fax Transmissione
°ate
Engineers&Architect
Date:4/7/2003 From: Vince Vander Top
To: Valerie Leone Our File No:
Organization: New Hope Pages to Follow: 1
Fax cumber: 763-531-5136 Original Will Follow in Mail: Yes ❑ No 11
Subject: Pond Maintenance Agreements
Regarding the list of pond maintenance agreements:
We really didn't start to acquire pond maintenance agreements with much diligence until after the Cooper
grit chambers. Liberty Property (#6 on the list) is the first agreement that I remember.
#8 Walgreens —As I recall, we do not have a "pond maintenance agreement" However pond maintenance
language was included in the developers agreement. I don't recall why it was done that Way.
#9 Simon Delivers — I cannot find record of the pond maintenance agreement for this property. It does not
surprise me given the history of t is project. There should be an agreement somewhere???
#10 City of New Hope — No agre ment; City project
#12 Avtec — No agreement yet; a should still be holding a bond until the agreement is in place. , pu. u�{
Le-21Zi r v-fa-c
#14 Tioga — Our copy of the agr ement is attached. You should have a copy somewhere.
Thanks for going through the e rt of putting this together and keeping it up to date!
Sik-L- (1119
Bonestroo, Rosene, nderllk and Associates, Inc. www.bonestroo.com
2335 West Highway 36+ St. Paul, MN 55113 + Phone: 651-636-4600+ Fax: 651-636-1311
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CITY OF NEW HOPE CUP AND VARIANCE
9 /-/d
SITE IMPROVEMENT AGREEMENT
4200 WINNETKA AVENUE NORTH
THIS AGREEMENT is entered into by Reliance Development Company, L.L.P., a
Minnesota limited liability partnership (hereinafter "Developer") and the City of New Hope
(hereinafter "City"), this v33 day of /1,70 yp n ^ , 1999.
WHEREAS, on October PI, 1999,
by Resolution No. 99-170, the City Council approved
Developer's request for a Conditional Use Permit (hereinafter CUP) and Variance (hereinafter
the "Variance") for certain real property located in the City of New Hope, County of Hennepin,
State of Minnesota known as 4200 Winnetka Avenue North, legally described as:
Tract A, Registered Land Survey No. 1247, Files of Registrar of Titles, County
of Hennepin; together with a permanent, non-exclusive easement to cross and
recross, with or without trucks, automobiles or other vehicles Tract D, Registered
Land Survey No. 1247 as shown in deed Document No. 909122, Files of
Registrar of Titles, Hennepin County, according to the plat thereof on file or of
record in the office of the Registrar of Titles, Hennepin County, Minnesota,
and
Tract B, except the West 7 feet thereof, Registered Land Survey no. 1247, Files
of Registrar of Titles, County of Hennepin, Minnesota,
and
Tracts C and D, Registered Land Survey No. 1247, Hennepin County,
Minnesota,
to be platted as:
Lots 1 and 2, Block 1, Annabels Addition,
(hereinafter "Property") to allow a conditional use for a drive-through window and a variance for
a side yard setback, all associated with the construction of a new Walgreens store and a
freestanding commercial building on the property, and
WHEREAS, the City Council also approved Developer's site development plans for the
Property as set forth in Planning Case 99-18 (hereinafter "Plans"), a copy of which is attached
hereto as Exhibit A, and
1
WHEREAS, the CUP and Variance were granted subject to the following conditions:
1. Developer to enter into a Site Improvement Agreement with the City and provide
appropriate financial guarantee (amount to be determined by City Engineer and Building
Official).
2. Developer to incorporate recommendations of City Engineer on water service and
grading/drainage.
3. Developer to add original landscaping to south side of pond and correct minor errors in
landscape schedule.
4. Developer to provide additional details on roof top screening.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. INCORPORATION OF FC'ITAT S. The recitals above are incorporated herein
by reference, specifically including the conditions of the CUP and the Variance.
2. THE WORK. The Work shall consist of the site improvements described and
showr 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.
Item Unit Quantity Unit Price Amount
Site Demolition LS 1 $10,000 $10,000
Parking Lot SY 5,300 10 53,000
Curb and Gutter LF 1,000 12 12,000
Storm Sewer LF 500 20 10,000
Landscaping LS 1 10,000 10,000
2
Site Grading LS 1 5,000 5.000
Watermain LF 500 20 10.000
Subtotal $110,000
+ 50% Increase 55.00
Total Amount of Financial Guarantee $165,000
The Developer shall maintain all Secured Work for as long as the CUP and the Variance are in
effect. Failure of the Developer to so maintain the Secured Work will be a basis for revocation
of the CUP or the Variance.
3. COMPLETION. The Developer agrees that the Work shall be completed in its
entirety on or before December 31, 2000 (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, a:id payment for same. Furthermore, the term of this Agreement shall be deemed to be
auton itically 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, upon the City's request, 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
withdraw funds from the financial guarantee 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 14 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. The parties agree that notice given in this manner shall be sufficient.
3
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 14 day notice requirement to the Developer
shall be and hereby is waived in its entirety by the Developer, and the City may withdraw the
funds from the financial guarantee 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. REVOCATION OF CUP AND VARIANCE. The City Council approved a CUP
and a Variance for the Property subject to certain conditions including completion of the Work.
As an additional remedy separate and independent from any other remedy available to it, upon
breach of this Agreement by Developer, the City may revoke the CUP or the Variance, or revoke
both the CUP and the Variance. Developer acknowledges and agrees that the City may also
revoke the CUP or the Variance, for failure of the Developer to satisfy any of the other
respective conditions of the CUP or the Variance.
7. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the
actual costs to the City associated with Planning Case 99-18, the CUP, the Variance, 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. The
City shall provide itemized invoices to the Developer for the administration costs.
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 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 or the Variance,
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 or the
CUP or the Variance.
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 EINANCIAL_GEARANTEE. 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
4
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 by resolution approves and accepts all of the Secured Work undertaken and
releases the surety and/or the Developer from any further liability for the Secured Work, 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:
Reliance Development Company, L.L.P.
1000 Rand Tower
527 Marquette Avenue
Minneapolis, MN 55402
12. 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.
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
Its Mayor
By .//7( / ;(11-7.-
Ifs
(l1-Its City Mana er
5
Reliance Development Company, L.L.P.
By. /�/�� ���_
/..„.>":„:„.........).:17?::...,
i
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this;7/ . day of
resL�1,2�G'Iliit ,l , 1999, by W. Peter Enck and Daniel J. Donahue, the Mayor and Manager,
ctively, of the City of New Hope, a municipal limited liability pP artnershi of the State of
Minnesota, on behalf of said municipal limited liability partnership.
= <`"r• VALERIE J. LEONE XL,'ItiLef
�}r .. `.NOTARY PUBLIC - MINNESOTA L i G'I'i,� _: My Commission Expires{ January 31, 2000 Public
STATE OF Ilivinesok )
) ss.
COUNTY OF 1-ieirpci )
The foregoing instrument was acknowledged before me this 23`'°! day of
november , 1999, by iCiC4'IArA J. HAAAsevz- and ,
the ryiavtQf•V and , respectively, of Reliance
Development Company, L.L.P., a Minnesota limited liability partnership, on behalf of said
limited liability partnership.
+4 - - — — —
1 . . MIRIAM R HAAK I
1 :'`-c., ,. NOTARY PUBLIC MINNESOTA / i(/(�f(t-191X X.
1 . MY COMMISSION ► otary Public
1 • • EXPIRES JAN.31,2008
6
DRAFTED BY:
Jensen Swanson & Sondrall, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, MN 55443
(612) 424-8811
99.29918
u: word docs/cnhAWalgreens Annabel Adtn\Walgreens CUP Var Site Impry Agrmt 1999
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