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HomeMy WebLinkAboutPUD Agreemenet for Orono Ambar Office Bldg Revised Draft 7/31/01 Revised Draft 9/27/01 CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 2A AGREEMENT FOR ORONO AMBAR OFFICE BUILDING (Name of Development) ORONO AMBAR, LLC., A MINNESOTA CORPORATION (Name of Developer) THIS AGREEMENT,made and entered into this day of ,2001,by and between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota(hereinafter called "City"), and Orono Ambar,LLC,a Minnesota Corporation, its heirs, successors and assigns (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application(PUD)including a comprehensive plan amendment, subdivision to create two buildable lots, and commercial site plan review, for the purpose of developing a 62-unit Senior Housing residential building and a 25,000 s.f. Professional Office building; and WHEREAS, on March 12, 2001 the City Council granted Concept Plan Approval for development of a 62-unit building for senior housing use (the "Senior Housing Building") and a 25,000 s.f.general office building(the"Office Building")per Resolution No.4619,on the condition that the Developer enter into this agreement to provide for conformance with the City's Planned Unit Development(PUD)ordinances,to provide for the installation and maintenance of improvements, and to establish and document the conditions of approval for the Tax Increment Financing (TIF) associated with the Senior Housing element of the development. Page 1 of 14 NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: A. General Terms and Conditions 1. Property Description. Outlot F, Sugar Woods according to the plat thereof on file in the office of the Registrar of Titles of Hennepin County,Minnesota(sometimes herein referred to as the "Property"). The property description to which this Agreement for the Office Building component of the development applies is Lot 1, Block 1, Orono Ambar. 2. Zoning.The property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning for the office building component on Lot 1. 3. Permitted Uses. Within Lot 1 the only permitted principal structure is the 25,000 gross s.f., 2 story office building with underground parking in the basement level and additional surface parking as depicted in the preliminary site plan (attached hereto as Exhibit A) and preliminary approved building plans and elevations (attached hereto as Exhibit B). The permitted use of the office building 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. The office building shall not be used for general retail use,except that retail uses customarily accessory to the general office use may occur in no more than twenty percent(20%)of the office building gross floor area. Other uses shall not be allowed except by amendment of this PUD agreement. Within Lot 1 the only accessory structures allowed shall include: a) Trash enclosures attached to the principal structures,constructed of materials comparable to and compatible with those of the principal structure; and b)Monument identification signs per the approved plans. No other accessory structures are permitted except by amendment of this agreement. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD agreement. The foregoing uses are permitted pursuant to this PUD agreement. 4. Site Access. Internal circulation for Lot 1 shall be via a new private road to be developed within Lots 1 and 2, Block 1, Orono Ambar. The private road shall serve the uses for both Lots 1 and 2.The easterly access point for the private road shall be at Brown Road North per the site plan attached as Exhibit A. The easterly access point shall allow full entrance and exit movements to North Brown Road. Page 2 of 14 A single direct access to Highway 12 shall be developed at a location approximately 500 feet west of the intersection of Brown Road and Highway 12.This direct access shall be restricted to westbound right-in/right-out turning movements, and shall be subject to MnDOT design approval. A third access point located near the northwest corner of Lot 1 shall provide for future access to a future public road which may be constructed within Outlot D, Sugar Woods. At such time that a public road is constructed within said Outlot D, the City shall have the right to connect such public road to the internal road system within Lots 1 and 2 for the purpose of providing additional ingress/egress options for Lots 1 and 2 as well as provide ingress/egress options for properties west of Lot 1. The Developer shall grant to the City public road,drainage and utilities easements over the private road corridor including all surface parking areas,in order that future public use of the roadways is ensured in the event that a future connection to the west is established. Developer shall grant cross easements between Lots 1 and 2 to ensure full use of the internal private road system until such time that the City exercises its easement rights to convert all or a portion of the internal road system to a public road status. It is specifically agreed that the City is not obligated to maintain the private internal road system until such time that the City chooses to convert all or a portion of the internal road system to a public road, and construction of an access connection to a public road in Outlot D, Sugar Woods shall not automatically terminate the private road status of the internal road system. Off-site access improvements that are the responsibility of the developer shall include establishment of the right-in/right-out access curbing for the southerly access.Any turn-lane or acceleration lane improvements or re-striping that may be required by MnDOT for that access shall be the responsibility of the City. Other off-site access improvements that will be the responsibility of the City shall include establishment of the semaphore and related improvements at the intersection of Brown Road North and Highway 12. 5. Building Design and Construction. The office buildings on Lot 1 shall be constructed according to the plans on file with the City which shall be subject to review and approval by the City Council prior to issuance of building permits. On Lot 1, the preliminary plans indicate a two story office building with parking on the basement level. The second story is set back from the first story at the north end of the building to reduce impacts to the residential neighborhood to the north. Windows are also minimized on the north end of the office building to reduce impacts on neighboring properties. The roof is a standard shingle Page 3 of 14 hip roof with pitch established at 5:12 to minimize the impacts of buildingheight. The P g exterior of the office building shall be of materials consistent with the approved preliminary plans attached as Exhibit D. Any accessory structures on Lot 1,if approved,shall be of the same exterior finish and colors as the office building. Construction of the office building on Lot 1 shall be in conformance with the building codes and regulations adopted by the City of Orono. Any changes to the gross square footage, footprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. 6. Landscaping.The A landscaping plan to be attached to this Agreement as Exhibit E shall be submitted by the Developer prior to issuance of building permits, and upon review and approval by the City Council shall be strictly adhered to. Within Lot 1,the Developer shall establish and maintain suitable vegetative screening along the northerly boundary of the property sufficient to substantially block direct view of most vehicle headlights from the adjoining Sugar Woods residential properties. Within Lot 1,the Developer shall provide and maintain vegetative screening within the defined rear yard of the office building to minimize the visual impact on the adjoining residential properties. Within Lot 1, Developer shall minimize to the greatest extent possible the removal of existing trees and vegetation along the perimeters of the property, and where feasible shall retain existing trees along the southerly boundary during construction until their removal is necessary to complete the approved landscape plan. The construction limits shall be clearly marked with adequate fencing to prevent construction damage or disturbance of any trees and vegetation outside of the defined construction limits. Any retaining walls to be constructed on Lot 1 as shown on the approved plans shall be of decorative concrete keystone-type block construction of an earthtone color and shall be limited in height and length to the extent necessary to accomplish their intended purpose. 7. Lighting. Site lighting shall adhere to thea approved lighting plan to be attached to this agreement as Exhibit F and which which shall be submitted by the developer prior to issuance of building permits, and upon review and approval by the City Council shall be strictly adhered to. All lighting fixtures shall be located and constructed so as to direct light away from the adjacent residential neighborhood. 8. Signage. Signage on the site shall be limited to the required traffic control signage, and to monument signs provided by the developer at each entrance to the site. The signage shall be limited to a company or development name and/or logo and street address on the Page 4 of 14 monument signs. Design and materials of monument signage shall adhere to the approved Signage Plan to be attached hereto as Exhibit G upon review and approval by the City Council. Parking and traffic control signage shall be installed subject to City staff and City Engineer approval,including required stop signs within the parking lots and service drive to ensure safety of pedestrians in parking areas and crossing points. B. Installation and Maintenance of Improvements 9. Improvements: In accordance with the policies and ordinances of the City of Orono, 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 PUD Agreement: (a) Site grading, roadways and driveways, curb and gutter, parking lots, sidewalks, retaining walls and all necessary erosion control measures per the approved preliminary Grading, Drainage &Erosion Control Plan attached hereto as Exhibit B (hereinafter called "site grading improvements"), subject to submittal of a Final Grading, Drainage and Erosion Control Plan for City approval prior to issuance of building permits; (b) Sanitary sewer and water lines and facilities (hereinafter called "sewer and water improvements")and storm sewer lines and facilities(hereinafter called"stormwater improvements")per the approved preliminary Utility Plan attached hereto as Exhibit C. Relocation of the existing gravity sewer line extending from Brown Road North to the lift station near the southeast corner of Lot 2, as required by the City pursuant to the letters attached hereto as Exhibits I and J,shall be the responsibility of Sidney B. Rebers, seller of Outlot F, Sugar Woods. (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 Landscaping Plan to be attached hereto as Exhibit E(hereinafter called"landscaping improvements"). (e) Traffic control signage subject to approval by the City Engineer and Public Services Director. Page 5of14 (f) Any additional improvements listed within the Site Improvements Cost Estimate to be attached hereto as Exhibit H. 10. Construction Plans: Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City prior to issuance of applicable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. 11. Construction of Improvements: (a) Commencement Date - The construction of Improvements shall begin no later than December 31, 2002. (b) Completion Date-All Improvements shall be completed no later than December 31, 2003. (c) Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any 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 Cityofficial to review P p construction plans and schedules. (e) Permits-Prior to the start of any construction,the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. (f) Permits-Prior to the start of any construction,the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits. Page 6 of 14 (g) Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. (g) Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. 12. Performance Deposit: 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 his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit 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 11 above. The amount of such deposit is $ per the schedule to be attached to this document as Exhibit H.The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months after the completion date specified in Section 11 above. 13. 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. 14. Maintenance. The Developer shall be responsible for maintenance of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for said improvements. Upon satisfactory completion of construction of sewer and water mains on the site, developer shall transfer ownership of said main lines to the City, and the City shall henceforth maintain said sewer and water mains. Developer shall be responsible for maintenance of all sewer and water lines that are defined as "connections" as indicated on the approved Utility Plan. Developer shall be responsible for ensuring that the appearance and design of the building are maintained per the approved building and construction plan, and shall be responsible for ensuring that the site amenities and features as shown on the approved site plan are maintained per said plan. Page 7 of 14 15. Developer Representations and Covenants. The Developer hereby makes the following representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. (c) The Developer will, subject to the requirements of Section B - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and all local,state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads,parking facilities which are necessary in connection with the construction and such improvements. (d) At such time or times as may be required by law,the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals,and will meet,in a timely manner,all requirements of all local, state,and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (f) It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the owner or developer. 16. City Representations and Covenants: The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. (b) The City will,in a timely manner,subject to all notification requirements,review and act upon all submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit,license,or other approval Page 8 of 14 required to construct and operate the Improvements;provided,however,that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City's discretion in considering any submittal or application. (c) The Development Property is zoned for purposes which include the Development as proposed. The city has issued all necessary commercial site plan review approvals, and plat approval of Orono Woods Addition. 17. Compliance. At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale,mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. 18. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs,representatives,successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one,shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. 19. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail(return receipt requested)to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Orono Frank Dunbar, Chief Manager Clerk/Administrator Orono Ambar, LLC P.O. Box 66 do Dunbar Development Corporation Crystal Bay, MN 55323 5000 Glenwood Avenue Golden Valley, MN 55422 Parties may substitute notice provisions upon notice to other parties. Page 9 of 14 20. Incorporation by Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 21. Disclaimer by City: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt,claim, demand, damages,actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 22. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City,the City Council,and the agents and employees of the City from and against all claims, damages,losses or expenses,including attorney fees,which the City,City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims,debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or sub- contractors, whether or not caused in part by a party indemnified hereunder. 23. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development.The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. 24. Right of Entry. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 11. 25. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Developer, this Planned Unit Development Agreement shall control. Page 10 of 14 IN WITNESS WHEREOF,the City and the Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of: CITY OF ORONO By: (Mayor) By: (City Clerk) DEVELOPER By: (Title) Reviewed for Administration: Date: By: (Planning Director) By: (City Administrator) This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55356 Page 11 of 14 (NOTARIZATION PAGES) Page 12 of 14 (NOTARIZATION PAGES) LIST OF EXHIBITS Page 13 of 14 Exhibit A Site Plan Exhibit B Grading, Drainage and Erosion Control Plan Exhibit C Utility Plan Exhibit D Building Plans& Elevations Exhibit E Landscaping Plan Exhibit F Lighting Plan Exhibit G Signage Plan Exhibit H Site Improvements Cost Estimate Exhibit I Letter by Hugh M. Maynard dated 4/24/01 regarding Sewer Replacement Exhibit J Agreement for Sewer Replacement (City to draft, Rebers to sign) Page 14 of 14