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HomeMy WebLinkAboutCUP & Development #2C CITY OF ORONO 1" MR-111 VFry� HENNEPIN COUNTY, MINNESOTA PLANNED UNIT DEVELOPMENT NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT AMBER WOODS OFFICE CENTRE LOTS 1-6,BLOCK 1,AMBER WOODS OFFICE CENTRE DEVELOPER: AMBER WOODS OFFICE CENTRE,LLC. OWNER: AMBER WOODS OFFICE CENTRE,LLC. THIS PLANNED UNIT DEVELOPMENT NO. 2C AGREEMENT AND PUD/DEVELOPMENT CONTRACT (collectively the "Agreement") is made and entered into this 1_S41tay of M&Y , 2007 by and between the CITY OF ORONO, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter the "City") and Amber Woods Office Centre, LLC, a limited liability company (hereinafter the "Developer"and the"Owner"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development (PUD) zoning application including subdivision to create five (5) building lots and one (1) common lot on one block to be known as AMBER WOODS OFFICE CENTRE; commercial site plan review; and easement vacations for the purpose of developing approximately 34,00 s.f. of office condominiums; and WHEREAS, on March 12, 2007 the City Council granted Concept Plan approval for development of the proposed office condominiums per Resolution No. 5585, on the conditions that the Developer fulfill the obligations of the approved Concept Plan Resolution and enter into this Agreement to provide for conformance with the City's Planned Unit Development (PUD) ordinances and to provide for the installation and maintenance of site improvements; and on May 14, 2007 the City Council granted General Development Plan Approval per the findings and conditions of Resolution No. 7013 . NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description. This Agreement shall apply only to the following described property located in Hennepin County,Minnesota: Lots 1-6,Block 1,AMBER WOODS OFFICE CENTRE (hereinafter the"Property") 2. Zoning. The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. Developer Initial City Clerk Initial Page 1 of 9 3. Permitted Uses. Within Lots 1-5 approximately 34,000 s.f. of office condominiums consisting of 5 duplex style walk-out buildings are permitted with surface parking at the main level within Lot 6 as depicted in the site plan and preliminary building plans and elevations. The permitted use of the office condominium buildings is general office uses which may include business and professional offices of a general nature, and may include a clinic for human care on an outpatient basis only. Retail uses accessory to the office use may be allowed with the limitation that within any building, retail uses shall not exceed 5% of the gross floor area of that building. Other uses shall not be allowed except by amendment of this PUD Agreement. No accessory structures are permitted within Lots 1 — 5. Within Lot 6 the only accessory structures allowed shall include: a)Trash enclosures, constructed of materials comparable to and compatible with those of the building to be constructed within Lots 1-5; and b) Monument identification signs per the approved plans. No other accessory structures are permitted except by amendment of this Agreement. 4. Site Access. Primary access for internal circulation for the Property from Highway 12 shall be via a right-in/right-out driveway access directly to Highway 12 shared with the Orono Senior Housing development, Planned Unit Development No. 2 (PUD No. 2), to the direct east. Surface parking and drive aisles will be provided along the southern and western ends of the Property at the main floor level of the buildings. A secondary access to Highway 12 is provided via access agreements to be granted through the surface parking lot within the Orono Senior Housing site to the east (Lot 2, Block 1, Orono Ambar),which were required with approval of PUD No. 2, allowing for a connection to Brown Road South and ultimately a future stoplight at Brown Road South and existing Highway 12. Such agreements will be granted by the City of Orono Housing&Redevelopment Authority,which owns said Lot 2, Orono Ambar. The parking lot and driving lanes within the Property are additionally designed to allow for future vehicular connections 1) at the northwestern corner of the Property for a future frontage road to Outlot D, Sugarwoods; and 2) to the adjacent parcel at 2120 West Wayzata Boulevard (PINS No. 34-118-23 24 0001). The Developer shall enter into cross ingress and egress agreements with the City, the Orono Senior Housing development, and the City of Orono Housing and Redevelopment Authority. The easement agreements will be required as part of the final plat to allow for public vehicular use of new and existing parking lot connections between the properties and to provide for new connections should they be developed at some future date. 5. Development Plans. The Property shall be developed in accordance with final plans (the "Plans") which shall first be certified by the City Planning Director as being in conformity with the approved plans described below and with the provisions of this Agreement. The Plans shall not be attached to this Agreement. The Plans are: Developer Initial Tk City Clerk Initial Page 2 of 9 A. Final Plat B. Cover sheet CO-1 dated 4-2-07 C. Existing Conditions sheet C 1-1 dated 4-2-07 D. Removals &Erosion Control Plan sheet C1-2 dated 4-2-07 E. Site Plan sheet C2-1 dated 4-2-07 F. Grading&Drainage Plan West sheet C3-1 dated 4-2-07 G. Grading/Drainage/SWPPP Plan East(pond revisions)sheet C3-2 dated 4-2-07 H. Stormwater Pollution Prevention Plan SWPPP sheet C3-3 dated 4-2-07 I. Utility Plan sheet C4-1 dated 4-18-07 J. Sanitary Sewer Plan and Profile sheet C4-2 dated 4-13-07 K. Detail Sheet C8-1 dated 4-18-07 L. Landscape Plan sheet Li-1 dated 4-13-07 M. Lighting Plan sheet L2-1 (undated) N. Monument Sign Plan sheet dated 1-15-07 O. Dumpster Enclosure Plan sheet dated 1-12-07 P. Retaining Wall Plan sheets 1 thru 10 by Civil Solutions Group LLC dated 3-30-07 Q. Building Plans Cover sheet TS-1 R. Lower Walkout Level Floor Plan sheet A-1 S. Main Level Floor Plan sheet A-2 T. Loft Level Plan sheet A-3 U. Front Elevation sheet A-4 V. Walk-Out Elevation sheet A-5 W. Side Elevation sheet A-6 X. Side Elevation sheet A-7 The Plans are subject to any additional requirements of the Minnehaha Creek Watershed District (MCWD);the Minnesota Department of Transportation (MnDOT) and subject to any additional requirements and conditions specified by the City Engineer upon review of the Plans. Construction of the buildings shall be in conformance with the building codes and regulations adopted by the City. Any substantial changes to the gross square footage, footprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. Developer Initial City Clerk Initial Page 3 of 9 6. Improvements: In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this Agreement: A. Site grading, roadways and driveways, curb and gutter, parking lots, sidewalks, retaining walls and all necessary erosion control measures per the approved Grading and Drainage Plans (hereinafter called "site grading improvements"); B. Construction of sanitary sewer and water connections, and construction of storm sewer lines and facilities as required (hereinafter called "stormwater improvements") per the Utility Plan referenced herein. A drainage and utility easement shall be dedicated over entire Lot 6 as part of the final plat. C. Underground natural gas, electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); D. Landscaping and site revegetation improvements per the approved Landscape Plan referenced herein(hereinafter called"landscaping improvements"). E. Traffic control signage subject to approval by the City Engineer and Public Services Director. F. Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit A(the"Estimate"). 7. Construction of Improvements A. Commencement Date — Construction of Improvements shall begin no later than B. Completion Date — All Improvements shall be completed no later than —ltAN 6 W, 2X)OI (2 years after start date). The Developer may, however, request an extension of time from the City. If an extension is granted,it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. C. Contractors — The Developer shall select, retain and supervise the contractor(s) responsible for construction of the Improvements. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of each such contractor. Where required by City ordinance,the contractor shall first obtain a license from the City. D. Pre-Construction Conference — Prior to the start of any construction, the Developer and the developer's contractor shall meet with the responsible City officials to review construction plans and schedules. Developer Initial?;�� City Clerk Initial . Page 4 of 9 E. Permits — Prior to the start of any construction, the developer's contractor shall apply for and receive all necessary permits for the Improvements from the City and/or government agencies having jurisdiction. Site grading shall not commence until a land alteration permit has been issued. Developer is advised that an erosion control permit must be obtained from the Minnehaha Creek Watershed District as well as the required NPDES construction site permit, before commencing any grading activity on the site. F. Construction—The construction, installation and materials shall be in accordance with the Plans approved by the City. G. Inspection — The City, through its staff and/or consultants, shall inspect the installation of the Improvements to ensure compliance with the Plans. The cost of such inspections will be paid by the Developer and are anticipated to be approximately $5,000.00 to $10,000.00 but could exceed these amounts if major problems arise. An escrow account in the amount of$15,000 to cover the costs of inspection shall be established with the City by the Developer. H. Insurance—The Developer will cause each person who constructs and installs any portion of the Improvements to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage (with coverages consistent with industry standards). 8. Performance Security. For the purposes of assuring to the City that the Improvements will be completed according to the terms of this Agreement, and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or its general contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit (LOC) from a local (Twin Cities area) financial institution in a form satisfactory to the City,providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section seven (7) above. Further, if the required improvements are not completed at least thirty (30) days prior to the expiration of the LOC, the City may also draw on the LOC. If the security is drawn down,the draw shall be used to cure the default. The amount of the LOC shall be 150% of the estimated improvement costs. The estimated improvement cost is $713,723.75; therefore, the LOC amount shall be $1,070,585.63. As substantial elements of the Improvements are completed and approved by the City Engineer, the City will authorize reduction of the LOC in an amount equal to 150% of the cost estimate for that phase of the improvements deemed complete,but in no case shall the LOC be reduced to a point less than 10% of the original amount until all Improvements are complete and accepted by the City. The LOC shall expire no sooner than one year after the completion date specified in Section 7 above, to allow for at least one freeze-thaw cycle for parking lot settlement. Security to ensure survival of landscaping vegetation shall be retained for eighteen (18) months after planting. Developer Initial City Clerk Initial Page 5 of 9 9. Fees and Expenses. The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals,which are not covered by City application fees. 10. Notice. Required notices to the Developer and the Owner shall be in writing, and shall be either hand delivered to the Developer, the Owner, their employees or agents, or mailed to the Developer and the Owner by registered mail at the following addresses: Notice to Developer Notice to Owner Amber Woods Office Centre, LLC Amber Woods Office Centre,LLC Philip Carlson Philip Carlson P.O. Box 184 P.O. Box 184 Wayzata, MN 55391 Wayzata,MN 55391 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Orono City Offices, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, Minnesota 55323, Telephone 952-249-4600. 11. Additional Conditions A. Turning radiuses of fire apparatus access roads on the Property shall be designed subject to approval of the City Engineer and Orono Fire Marshal. B. Fire lanes will be marked with the appropriate street signage and yellow curbing. Orono Fire Marshal will determine fire lanes upon review of the Plans and final access routes and at that point determine exact placement of signs and yellow curbing. C. The walk-out elevations of the buildings shall be as set out in Document C34 of the construction documents dated March 20, 2007 unless modified with the approval of the City Engineer. D. Storm sewer facilities which lie outside of public right-of-way shall be privately owned and maintained by the Developer until the end of the period of Developer control of the association at which time they will be maintained by the Amber Woods Office Center Association. E. All sanitary sewer and water connection lines within the Property shall be owned and maintained by the Developer until the end of the period of Developer control of the association at which time they will be maintained by the Amber Woods Office Center Association. Developer Initial ?/Z— City Clerk Initial Page 6 of 9 F. No site work or construction shall commence until the Developer has paid the Storm Water and Drainage Trunk Fee as established in Concept Plan Resolution 5585. The MCES Sewer Availability Charges (SAC) are the responsibility of the Developer and shall be paid to the City at the time of building permit issuance for pass-through to MCES. G. The Developer shall be responsible for obtaining the necessary permits from the regulatory agencies such as the Minnesota Department of Health, MCES, Minnehaha Creek Watershed District,Minnesota DNR,MPCA, and MnDOT. H. The Developer shall report to the City Engineer the location of any drain tiles found during construction. The Developer will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. I. The Developer shall provide the City with a detailed haul route for review and approval for all material imported or exported from the Property. If the material is to be imported or exported to/from another site in Orono, it should be noted that those other parcels will be required to obtain a land alteration permit, and potentially a conditional use permit from the City. J. The Developer shall obtain a temporary construction easement from and establish permanent maintenance agreements with the owner of the property directly west at 2120 Wayzata Boulevard for construction and maintenance of the necessary retaining walls. 12. General Conditions. The general conditions of this Agreement are documented in City Council Resolution No. $*13 adopted by the City Council on May 14, 2007, which is incorporated herein by reference. Additional conditions of approval are attached hereto as Exhibit B. Developer Initial -�X City Clerk Initial %) Page 7 of 9 IN WITNESS WHEREOF,the City,the Developer, and the Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By: (Ma or (City Clerk) DEVELOPER— r Woods Office Centre,LLC By: Its: OWNER—Amber Woods Office Centre,LLC 24- Its: Reviewed for Administration: Date: -6--//- 07 By. (Plant' g Directo By: (City Administi tor) This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O.Box 66 Crystal Bay,MN 55356 STATE OF MINNESOTA Developer Initial -?Z'�9 City Clerk Initial Page 8 of 9 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this !! qday of ' , 2007 by James M.White,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGEk- NOTARY PUBLIC-MINNESOTA Aly Commisslan Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN f� The foregoing instrument was acknowledged before me on this/7 day of Na'-,I 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal co: oratioiand said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-MINNESOTA �.- ��.• I�--� y✓ My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This'instrument was acknowledged before me this/day of /1'I 2007,by Philip Carlson, Chief Manager, Amber Woods Office Centre, LLC, a Limited Liability Corporation, on behalf of Amber Woods Office Center,LLC. LINDA S.VEE NOTARY PUBLIC-MINNESOTA my Cmnmissim Eoes Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /?day of�2007, by Philip Carlson, Chief Manager, Amber Woods Office Centre, LLC, a Limited Liability Corporation,on behalf of Amber Woods Office Centre, LLC. LINDA S.VEE Notary Public Noary NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Developer Initial City Clerk Initial Page 9 of 9 PUD NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT EXHIBIT A-SITE IMPROVEMENTS COST ESTIMATE 3/26/2007 Amber Woods Office Center Plat 07-3250 Cost Estimate for Financial Guarantee (150%) Sanitary Sewer Improvements Units Qty $/Unit Total Mobilization LS 1 $ 5,000.00 $5,000.00 Traffic Control LS 1 $ 1,000.00 $1,000.00 Connect to Existing 8" Sanitary Sewer EA 1 $ 2,500.00 $2,500.00 8"PVC Sanitary Sewer LF 360 $ 30.00 $10,800.00 8"X 6"Wye EA 5 $ 100.00 $500.00 4' Diameter Sanitary Sewer Manhole EA 4 $ 2,000.00 $8,000.00 4' Diameter Sanitary Sewer Manhole Overdepth LF 22 $ 100.00 $2,200.00 Improved Pipe Foundation LF 400 $ 1.00 $4D0.00 Estimated'Construction Cost . $30,400.00 Water Main Improvements Units Qty $/Unit Total Remove Existing Watermain Pipe LF 200 $ 6.00 .$1,200.00 'Remove Hydrant EA 2 $ 600.00 $1,200.00- Connect 1,200.00•Connect to Existing Water Main EA 2 $ 2,500.00 $5,000.00 8" DIP Water Main LF 760 $ 40.00 $30,400.00 6" DIP Water Main LF 85 $ 30.00 $2,550.00 8" Fittings EA 15 $ 250.D0 $3,750.00 Insulation SY 10 $ 10.00 $100.00 Hydrant EA 3 $ 2,500.00 $7,500.00 8" Gv and Box EA 2 $ 1,300.00 . $2,600.00 6" Gv and Box EA 3 $ 1,200.00 $3,600.00 Estimated Construction Cost $57,900.00 Services Improvements Unite Qty $/Unit Total 6"PVC,Service Pipe LF 355 $ 22.00 $7,810.00 1.5 inch copper service LF 305 $ 16.00 $4,880.00 1.5 inch corp EA 5 $ 200.00 $1,000.00 1.5 inch curb stop EA 5 $ 250.00 $1,250.00 Estimated Construction Cost $14,940.00 Storm Sewer Units Qty $!Unit Total Remove Existing Storm Sewer Pipe LF 15 $ 7.00 $105.00 Connect to Existing Structure EA 1 $ 1,500.00 $1,500.00 15"Storm Sewer LF 1,183 $ 30.00 $35,490.00 2'x 3'Catch Basin EA 2 $ 1,500.00 ' $3,000.00 48"Catch Basin/Manhole EA 15 $ 2,000.00 $30,000.00 Estimated Construction Cost $70,095.00 Parking Lot/Grading/Landscaping Units Qty $!Unit Total Remove Retaining Walls LF 535 $ 7.00 $3,745.00 Remove Curb and Gutter LF 30 $ 5.00 $150.00 Grading LS 1 $175,000.00 $175,000.00 Retaining Wall SF 6,000 $ 25.00 $150,000.00 Fence LF 810 $ 20.00 $16,200.00 Subgrade Preparation SY 4,135 $ 1.75 $7,236.25 Aggregate Base,Class 5 100%Crushed-8"(C\O TN 2,100 $ 14.00 $29,400.00 Concrete Curb and Gutter 8618 LF 1,640 $ 11.00 $18,040.00 Surmountable Curb and Gutter LF 44 $ 10.00 $440.00 Bituminous Base Course-2" TN 505 $ 50.00 $25,250.00 Bituminous Wear Course,-1 1/2" TN 378 $ 55.00 $20,790.00 Bituminous Material For Tack Coat GAL 210 $ 2.00 $420.00 Concrete Sidewalk SF 7,715 $ 4.50 $34,717.50 Striping LS 1 $ 3,500.00 $3,500.00 Singage LS 1 $ 500.00 $500.00 Landscaping LS 1 $ 45,000.00 $45,000.00 Temp Erosion Control LS 1 $ 10,000.00 $10,000.00 Estimated Construction Cost $540,388.75 Summary Of Improvements Sanitary Sewer $30,400.00 Water Main $57,900.00 Services $14,940.00 Storm Sewer $70,095.00 Parking Lot/Grading/Landscaping $540,388.75 Total Estimate Construction Cost $713,723.75 50% $356,861.88 Total for Financial Guarantee $1,070,585.63 PUD NO.2C AGREEMENT AND DEVELOPMENT CONTRACT EDIT B Additional Terms and Conditions 1. The Improvements include the items listed within PUD NO. 2C AGREEMENT AND DEVELOPMENT CONTRACT and as enumerated in Exhibit A of said CONTRACT. 2. The Improvements shall be constructed in accordance with the approved construction plans as stated in the CONTRACT, and with the pertinent conditions of approval within the General Development Plan and Final Plat Approval Resolution (Resolution No. S-&j 3 ) adopted by the City Council on 2007. 3. All construction traffic related to development of the Amber Woods Office Centre shall be routed directly to Highway 12 through the approved direct access location at the southwest corner of the Senior Housing site, or through the adjacent commercial site to the west if allowed by that owner. Use of the Senior Housing access to Brown Road shall be avoided for all construction traffic. 4. Construction and contractor parking, materials storage, etc. shalk not occur on the Senior Housing site. 5. Developer shall take all due precaution to avoid construction activity encroaching into the adjoining residential property abutting the north boundary of the site. 6. No land alterations shall take place until erosion control is established and the City Engineer has approved all final improvement plans. No building permits shall be issued until all drainage facilities and improvements have been installed and satisfactory parking lot & driveway base (including base and initial lift of bituminous)has been installed,and approved by the City. 7. All buildings on the Property shall be constructed according to final plans which shall fust be certified by the Planning Director as being in conformity with the approved plans. 8. Developer shall provide the City Engineer with two (2) full-size sets, and shall provide the City with 2 full-size sets and one set reduced to 11"x 17", of final site improvement plans, two weeks prior to commencement of land alteration activity.