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28 CITY OF NEW HOPE SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Boomer Brothers LLC, a Minnesota limited liability company (hereinafter "Developer") and the City of New Hope, a Minnesota municipal corporation(hereinafter"City"), this IS day of September, 2008. WHEREAS, on July 28, 2008, by Resolution No. 2008-106, the City Council approved Developer's request for site and building plan review and the vacation and relocation of a public utility easement for certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 5650 International Parkway, legally described as: Lot 1,Block 2, SCIENCE INDUSTRY PARK, according to the recorded plat thereof, Hennepin County,Minnesota, lying west of the west line of the Northeast Quarter of the Southwest Quarter of Section 6, Township 118,Range 21,Hennepin County, Minnesota. (hereinafter "Property") to allow for a 23,000 square foot expansion to the existing office/warehouse building located on the Property. The proposed expansion will increase the total square footage of Developer's building to 35,100 square feet consisting of 6,925 square feet of office space and 28,175 square feet of warehouse space on the Property; and WHEREAS, the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 08-10(hereinafter"Plans"), and WHEREAS,Developer's request was granted subject to the following conditions: a. Developer shall enter into this Site Improvement Agreement with the City as 1 out in New Hope Resolution No. 2008-106. 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. (a) Storm Water Treatment. Developer acknowledges and agrees it has an obligation to treat the storm water run off generated by its proposed building expansion. In lieu of regrading the property and constructing an on-site storm water holding pond, Developer agrees to construct and install a structural storm water treatment device (hereafter Device) as proposed by Royal Environmental System Inc.'s June 18, 2008 plan submitted as part of this planning case. This device shall be constructed and installed within the City's utility and storm water drainage easement. The Developer shall be responsible for maintaining the Device and observing all drainage laws governing the operation and maintenance of the Device. The Developer shall provide the City with a schedule acceptable to the City for inspection of the Device. The Developer shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance shall be the obligation of the Developer and its successors or assigns as the fee owner of the Property. (b) City's Maintenance Rights. The City may maintain the Device, as provided in this paragraph, if the City reasonably believes that the Developer or its successors or assigns have failed to maintain the Device in accordance with applicable Drainage Laws, and such failure shall continue for thirty (30) days after the City shall give the Developer written notice of such failure. The City's notice shall specifically state which maintenance tasks are to be performed. If Developer shall not complete the maintenance tasks within thirty(30) days after such notice is given by the City, the City shall have the right to enter upon the Property to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, who shall pay said costs within thirty (30) days of receipt of said invoice. Notwithstanding the foregoing, in the event of an emergency, as determined by the City Engineer, the thirty (30)-day notice requirement to the Developer for failure to perform maintenance tasks 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 written notice as described above has been given. (c) Right of Entry. For the purpose of maintaining the Device and the Easement 3 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. 6. 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 seven (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 seven (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. 7. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the actual costs to the City associated with Planning Case 08-10, vacation of the City's utility easement 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 administration costs have been paid to the City. 8. ` OLD 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, performs said conditions pursuant to the financial guarantee or paragraph 2(b) of this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional acts. 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 5 CITY >F NEW HOPE I ay By: y�1 Its City Manager BOOMER ROTHE r. wy' . • By: ;, , Its /1 `/ 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) r The foregoing instrument was acknowledged before me this /J day of \J 4i4 , 2008, by Martin E. Opem Sr., and Kirk McDonald, the Mayor and Manager, respectively, of the City of New Hope, a Minnesota munici al corporation, on behalf of said municipal corporation. CVS-5) VALERIE LEONE NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 v�.r.✓.ri - __ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this / . day of � -J 2008, by �._.. 0-f� �y the of Boomer Brothers LLC, a Minnesota limited liability company, on behalf of said limited liability company. -7) Notary Public ll _ PAMELA R. TATRO l ' FNOTARY PUBLIC-i✓:iNNESOTA My Commission Expires Jra .31,2010 el l�r�rirrifrr.�rfir.,ri.��rrrfr.ice? 7 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Memorandum Fax 651-636-1311 www,bonestroo.rnm TO: Curtis Jacobsen Bones roo FROM: Jason Quisberg CC: Kirk McDonald, Eric Weiss, Roger Axel,Guy Johnson, Paul Coone, Steve Sondrall DATE: August 22, 2008 SUBJECT: P.C.08-10:Twin City Hardware—5650 International Parkway Our File No.34-Gen SW06.08.01 Based on a review of the proposed site improvements we recommend the following amounts as the basis for a project bond. Improvement Amount Removals/Site Grading $22,200 Erosion Control $4,600 Parking Lot—Paving, Curb and Gutter, Striping, Sidewalk $44,300 Utilities—Storm Sewer,Water Main,Sanitary Sewer $62,900 Restoration and Landscaping $12,000 Subtotal $146,000 +50% increase $73,000 Recommended Total for Bond $219,000 The recommended amount is 150%of the estimated site improvements. The amount can be reduced from time to time with recommendation of Building Official and City Engineer, and approval of the City Council. As the amount is reduced, the City will retain up to 150%of the estimated value of remaining work. If you have any questions or concerns please contact me at 651-604-4938. Plan Review for Twin City Hardware Addition June 11, 2008 Page Two 5. Provide information on if there will be any chemicals being stored in the building. 6. Verify that the truck area in the new warehouse has hazard traps in the floor area. 7. We will need to verify that there will still be an address on the building. It shall be on the addressed side of the building and of a contrasting color. 8. If the fire department connection(FDC)has to be relocated then the fire department lock box shall be relocated to the FDC location or where deemed by the Fire Inspector. If new keys have been changed a new set shall be placed in the fire department lock box on the building. 9. Need to verify that all doors on the buildings will have proper exit signage/emergency lighting and proper hardware. 10. 10 lb ABC Extinguishers shall be located in each building at .minimum a 75 foot travel distance. The extinguishers shall have proper inspection tags and be mounted between 4 and 5 feet on the wall near an exit or exit pathway. 11. We need to discuss possibilities of having a horn/strobe(s)in the interior of the building for water flow alarm. Please contact me on this issue. The contractors will be required to have all permits on site prior to doing any inspections. They will also be required to call to schedule inspections. A minimum of a 24 hour notice is required. If you have any questions or concerns feel free to contact Shelby Wolf,Fire Inspector at(763) 230-7006. Sincerely, ,c. b Shelby Wolf Fire Inspector