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
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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' .
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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
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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