HomeMy WebLinkAboutPUD #3 agreement-2005 �
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Revised Draft 6l2/03 .
"°`� � � " � CITY OF ORONO
HENNEPIN CUUNTY,IVIINESOTA
PLANNED ITI�IIT DEVELOPMENT N0.3 AGREEMENT
FOR MEDICAL OFFICE BUILDING
AT 2745-2765 KELLEY PARKWAY
DEVELOPER: PROFESSIONAL PROPERTIES 4F ORONO,INC.
TffiS AGREEMENT, made and entered into this��da.y of_,.�tiW� , 2003,,by
and between the City of Orono, a municipal corporatian organized and existing under the laws of
the State of Minnesota (hereinafte�r called "City'�, and Professional Pzoperties of Orono, Inc., a
Minnesota Corporation,its heirs, successors and assigtxs(hereinafter called"Developer'�. �
WITNESSETH: �
� WREREAS, the Developer has made application to the City Council for approval of a
Planned Uzut Development rezoning application(PUD)including a commercial site plan review,for
the purpose of developing a 16,000 s.f. medical office building on properiy located at 2745-2765
Kelley Pazkway;and .
WHEREAS, on September 9, 2002 the City Council granted Concept Plan Approval for
development of a 16,000 s.f.medical office building(the"Medical Office Building"}per Resolution
No.4860,on the condition tl2at the Developer enter into this agreement to pravide for confonmance
with the City's Planned Unit Devetopment(PUD)ordinances,and to provide for the installation and
� mainfenance of improvements associated with the development; and
WHEREAS,on November 12,2002�the City Cauncil granted General Deveiopmen�t Plan
Approval for the Medical Office Building per Resolution No. 4890, including approval of
preliminary desigzi and site plans and establislung final approval conditions.
NOW,�THEREFURE, in consideration of the premises, and of the actnal promises and
conditions hereinafter contained, it is hereby agreed as follows:
A. General Terms �nd Conditionts
1. Property Description. This Planned Un.it Development No. 3 Agreement for Professional
Pzoperties of Orano,Inc.Medical Office Building applies to tlie following described property
located in Hennepin County,Minnesota: �
Develope�r Initial/'f/�
City�lerk Initial�
Page 1 of l.2
Lot 1, Block 1, Willow Properties Addition, Hennepin Couiaty, Mint�esota.
(hereinafter the"Propert}�'}; and
Lot 1,Block 2,City of Orano Addition, Hennepin Counry,Minnesota
(hereimafter the"Adjacent Parcel")
2. Zonin�. The Froperty and the Adjacent Parcel are zoned as a Planned Unit Developrnent
' under the Orono planned uni.t development ordi.nance with underlying B-6 zoning.
3. PermittedUses.WithinthePropertytheonlypermittedpz�ix�cipalstructureisthei6,000gross �
s.f., Medical Office Building as depzcted in the preliminary site plan (attached hereto as
Exhibit Aj and preliminary building plans and elevations (attached hereto as Exhibit D).
The permitted use of the Medical Office Building is general medical office uses which may
include busi.ness and professional offices of a general natare,and a clinic for hurv.an care on
an oufipatient basis only. The office building shall not be used for general retail use,except
that retail uses customarily accessory to the general medical office use may occur in no more
than five percent(5%)of tb.e office building gross floor area. Other uses sha11 not be allawed
except by amendment of tbis PUD agreement.
Within the Property the only accessory structures allowed sha11 include Monument
identification signs per the approved plans. No other accessory structures are permitted on
the Property except by amendment of this agzeement.
Within the Adjacent Parcel no principal structure has been approved under this approval.
However, it is expressly noted herein that tlze intent for the Adjacent Parcel is the future
development of an additional office buiidi.ng or some other use allowed witbuin the B-6
Highway Commercial District. Sueh future development shall be subj ect to the Planned Unit
Development approval process, and shall require a separate PUD approval.
Within the Adj acent Parcel, the only sirueture permit�ed under this approval is a datached
trash enclosure conatructed of materials comparable to aud compatible with those of the
principal structure on the Property per the approved plans as shown in Exhibit D.
Within the Adjaeent Parcel,the development of a shaxed access and parldng area is allowed
as shown on Exbibit A, Such shared access and parking shall be governed by the Shared
Access and Parking Agireement attached hereto as Eghibit I. Those portions of the
Adjacent Parcel used to meet parking requirexnents for the Property sha11 not be used in
calculationsrelatedtadevelopmentoftheAdjacentParcel. However,calculationsoflotarea,
park dedicarion fees, storm water trunk fees, sewer and water cannection fees, etc. for the
Adjacent Parcel shall be ca.lculatec3 based on the entire area of the Adjacent Pazcel.
Developer Initial f�'�// �
City Clerk Initial ,,Q,��
Page 2 of 12
Users shall be obligated to conform to a11 applicable Orono ordi.nances and to the provisions
of this PUD agreement.The foregoing uses aze permitted pursuant to this PUD agreement.
4. Site Access.Internal circulation for the Property sha1l be via private driveways and parking
areas.The only access to adj oining public streets shall be onto Kelley Parkway. The westerly
access to the property sha11 be an entrance only and shall not a.11ow exit movements.
Additionally, a shazed accese providing for full entrance and exit movements sha11 be
constxuctect as shown on Exhibit A to serve both the Property and the Adjacent Parcel.
One future additional access point to I�elley Paxkway may be allowed for the Adjacent
Parcel. Such access location shall not be constructed until approved via the PUD approval
process in conjunction with futaxe development of the Adjacent Parcel.
Off-site access improvements that are the responsibility of the developer sha11 include
construction of curb cuts and driveway aprons within the right-of-way of Kelley Parkway,
as well as the relocation of existing hydrants and storm sewer facilities as necessary to
accomplish the zequired site accesses.All such off site improvements sha11 be performed to
City specifications and sha.11 be reviewed and approved by the Director o£Public Services
prior to co�nmencement o£such improvements.
5. Buildin� Desi rg,� and Construction. The medical office buildang on the Properiy shall be
constructed according to final plans which shall first be certified by the Planning Director as
being in conformity with the approved plans attached as Ezhibft D. The exterior of the
building shall be of materials consistent with the prelimiiiary materials proposal attached as
Exhibit J. The trash enclosuxe located on the Adjacent Parcel sha11 be coz�,structed of
materials consistent with the�rit�cipal structure on the Properiy per the approved plans.
Construction of the medical office building shall be in conformance with khe building codes
and regulatians adopted by the Ciiy of Orono. Any substantial changes to the gross square
footage, foofiprint/walUroof dix�nex�sions or defined building height shall require a prior
amendment to this Agreement.
6. Landscapin�. The approved landscaping plan attached to this Agreement as Exhibit E shall
be strictly adhered to,with the following conditions:
a} City reserves the right to require revision to the tree species and tree locatzons
proposed along the Keliey Parkway fronta,ge to ensure their compatibility with
the final Keiley Parkway streetscape plan yet to be approved by the City
Council.
Developer Initial
City Clerk Initial
Page 3 of 12
b) The trash enclosure shall be fu,rther screened by vegetation to minir�e d.irect view
of the opening by westbound Highway 12 traffic, subj ect to City staff approval.
7. Li tix� . Site lighting shall adhere to the approved lighting plan attached to this agreement
as Exhibit F.
8. Sig�na�e. Signage on the site sha11 be limited to the required traffic control signage, and to
the 2 approved monument signs as shown on the approved Signage Plan attached hereto as
Exhibit G. Parking and trafftc control signage shall be installed s�bject to City staff and
City Engineer approval.
B. Installation and Maintenance of Improvements
9. Inaprovements: In accordance with the policies and ordinances of the City of Orono, the
following described public or private improvements (hereiva,#ter collectively called the
"Tmprovements'�shall be constructed,insta,lled and maintained by the Developer according
to ttxe terms and conditions contaaned in tlus PUD Agreement:
(a) Site grading, driveways, curb and gutter,parkin.g lots, sidewalks,retaining walls if
required and all necessary erosion control measures per the preliminary Grading,
Drainage & Erosion Con�rol Plan attached hereto as E�ibit B {hereinafter called
"site grading improvements");
(b} Construc�ion of sanitary sewer and water connections, and relocation of the hydrant
located at the Northeast corner of the property(hereinaft�r called"sewer and water
impravements") and construction or relocation of storm sewer lines and facilities
(hereinafter called "stormwater improvements") per tl�e preliminary Utility Plan
attached hereto as Ezhibit C.
{c} Undergroux�d natural gas,electric,cable and telephone servi.ce to be arranged by the
Developer with the utili�y companies involved (hereinafter called the "other utility
improvements");
(d) Landscaping and site revegetation improvements per the approved La.ndscaping Plan
attached hereto as Ezhibit E (hereinafter called"landscaping improvements").
(e) Traffic cantrol signage subject to approval by the City Engineer and Public Services
Di.rector.
' Developer Initial
Ciry Clerk Initial
Page 4 of 12
(� Any additional improvements listed within the Site Improvements Cost Estimate
attached hereto as Ea�hibit H.
10. Construction Plans: Detailed plans and specifications for the complete installation of the
Impravements sha11 be submitted by the Developer for the approval of the City priox 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 Impxavements sha11 begin no Iater than
(b) Completion Date-All Improvements shall be completed no later than
(c) Contractors - The Developer shall select, retain and supervise the Contractor(s)
responsible for Improvem.ent constructian. The City reserves the right to require
satisfactory proof of successful experience and adequate financial status of aay such
cont�ractor. Where reqnired 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 official to review
constraction plans and schedules.
(e) Permits-Prior to the start of any construction,the Developer's Contractor shall apply
for a,z�d receive all necessary permits from the City and/or government agencies
having jurisdiction.
(fl Pemuts-Prior to th.e start of any constructian,the Developer's Contractor shall apply
for and receive a11 necessary pez7xiits from the City andlor government agencies
having jurisdiction. Required Ciry permits relative to the Tmprovements include tl�e
followin.g: Site Gradulg Permit; Utility Constn�ction Permit; Sewer and Water
Connection Permits. Developer is advi.sed that an Erosion Control Penmit must be
obtained from the Minnehaha Creek Watershed District before co�unmencing any
grading activity on the site.
Developer Initiai�„
City Clerk Tnitial�
Page 5 of 12
(g) Construction - The constructian, installation and materials shall be in accordance
with the plans and specifications approved by the City.
(h) 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
he completed according to the terms of this agreement, and that the Developer will pay or
will cause to have pa.id 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
providi�ng 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 da,te specified in Section 11 above. The amount of such deposit shall be
150%of the estimated itx�provement costs per the schedule to be attached to this document
as Exhibit H.The amount of such deposit sha11 not be reduced before substan�ial 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 an.d Bxpenses: The Developer agrees to pay all City fees required per the current City
Fee Schedule and fiirther 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 Ciry 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 Improveinents including roads, sidewalks, and storm sewers, regaxdless whether
easements for such improvements have been granted to the City. Developer shall
permanently maintain site lighting, signage and landscaping consistent with the appmved
Plans for said improvements. 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 tha.t Y,he appearance and design of the building
are maintained per the approved building and construction plan,and shall be responsible for
ensuriing that the site amenities and features as shown on the approved site plan are
maintained per said plan.
15. Developer Representa.tions and Covcnants. The Developer hereby makes the following
representations and cavenanta:
{a) `Ths Developer ha.s the legal authority and power to enter into this Agreement.
(b} The Developer reasonably�xpects ta obtain fmancial resaurces sufficient to enable
the completion of the Improvernents.
(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 Agxeement and al�local,state and
federal laws and regulations, and will construct or pay the costs of construction of
any site ixnprovements, utilities, landscaping, stormwater management facilities,
roads,parking facilities which are necessasy in connection with the construction and
such improvements.
{d) At such time or times as may be raquired by law,the Developer will have complied
wi.th 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 manz�er, a11 required permits, licenses and
approvals,and will meet,in a timely mann.er,all requiremezrts of all local,state,an.d
federal laws and regulations which must be obtained or met before t1�e Improvements
may be constructed.
(fl It is intended and agreed that the covenants provided in this Section shall be
covenants nmiling with the land not tha owner or developer.
16. City Representations an.d Covenants: The City makes the following representataoxzs 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 timelymanz�er,subj ect 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 anypermit,license,or other approval
required to construct and operate the Improvements;provided,however,that nothing
Developer Initial�
City Clerk Ini�ial�
Page 7 of 12
contaaned 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 Property is zoned for purposes which include the Development as proposad. The
City has issued a11 necessazy com.n�ercial site plan review approvals for the proposed
development on tha property.
17. Cornpliance. At any time and from time to time th.e Developer may request that the City
provide the Developer a certificate certifying that that the terms and pravisions 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 sha11 be afforded a reasonable time to bring Y,he development into conformance,
and thereafter the Gity shall be obligated to provide such certificate.
18. Bindin Effect: The terms and provisions hereof shall be bi�n�ding upon and inure to the
benefit of the haYrs,representatives,successors and assigns of the parties hereto and shall be
binding deemed covenants n�nrLng with the land. References herein to Developer,if there
be more than ona,shall mean.each and all of them. This agreement at the option of the City
sha11 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 byUnited Sta.tes certified mail(retur�n receipt
requested)to the addresses set forth Uelow. Such notice or deznand shall be deemed timely
given when delivered personally or when deposited in the mail in accordance with tt�e above.
Notice to Citv Notice to Developer
City of Orono
Clerk/Adxn.inistrator
P.O. Box 66
Crystal Bay, NIlv 55323 -
Partias may substitute notice provisions upon notice to other parties.
Developer Initial
City Clerk Initial�, .�.�
Page 8 of 12
20. Incorporation by Reference: Al,l 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 fizlly as if set aut herein in full.
21. Disclaimer by Ciiv: It is understood and agreed �at the City, the City Council, and the
agents and employees of the City sha11 not be personally Iiable 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,cla;im, demand,damages, actions, or causes
of action of an.y kind or charactez, arising out of or by reason of the execution of this
agreement or the performance an.d 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 tk�.e 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 obliga.tions 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. Remedv for Default: Default by the Developer of any of the terms of this agreement shall
automatically result in the suspension or withholding of a11 permits, licenses, occupancy
certxficates orother authorizations zssuedbythe Ciryin connectionwith thepropertyincluded
in this development.The remedies afforded to the City under this Section shall be in addition
to any other remedies ta which the City may be entitled by law or other agreement. Default
by the City shali entitle the Developer to seek injunctive/mandatory relief t,�uough the courts,
together with other relief as the law may provide,
24. Ri h�t of Bntrx, '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 ar completing any and
all of the agreed upon Improvements should tl�e Developer not complete those Improvements
by the date specif ed in Section 11.
25. Controlling A�reement. To the extent that there is any diffexen.ce or ambiguity betwean this
Planned Unit Development Agreeznent and other agreements between the City and the
Developer,this Planned Unit Deveiopment Agreernent shall control.
Developer Initial�
City Clerk Initia.l�,,Q ,!
Page 9 of 12
`�,r _ IN WITNESS WHEREOF,the City and the Developer have caused this agreeme�s�be
r- duly exeputed on the day and year first above written. � �' =_ .
. _ . . .
CTrY OF ORONO �
By: ����T � -
C�Yo�)
By: � . ��ee�
(City Clerk)
DEVELO ER-Professional Praperties of Orono,Inc.
--�_.
zts:
Reviewed for Administration: `
Date: �� �,�} G� B�
(Planning Director)
:
. By: ,
(City Admi ' or)
This instrument was dra,f�ed by:
City of Orona
275fl Kelley Pazkway
P.O.Box 66
Crystal Bay,NiN 55356
Developer Initiall�N .L.
City Clerk Initial,�j��-
Page 10 of I2
STATE OF MINNESOTA
_r: COUNTY OF HENNEPIN _��t-
,'._ . _ - . - _. .
� � � � The#oregoing instrument was acknowledged before me on this(a day of /IfG�-: ,2002
by Barbara A.Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
��,�e�-, %J•�n�.,,� .
�
Notary Public
�,p�pERSON �
,(RI.� .MflyNE;gOTA
STAT �cpkes 3an.����
co �
� � The foregoing instrument was acknowledged before me on this�Z�day of�,�c�,20(�2 �
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
.��.4;� RACHEL DODGE
�1.' :" ` MOTARYPUBLIC-MINNE^OTA �,�,.,�_ �d�
, My pomrtdsslon ExpUea Jan.37,2006
�4 � Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this J�'day of 20�, l�heJ�� ��.i��t'
personaily appeared before me,
who is personally known to me
✓ whose identity I pmved on the basis of �N p�
whose identity I proved on the oath/affirmation of
a credible witness •
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same �
as his/her/their free act and deed.
���. �c��
RACHEL DODGE Notary Public
NOTARY PUBLIC-MINNESOTA
My Commisslon ExpRes Jan.31,2fl10
Developer Initia
City C�erk Initial
Page I 1 nf 12
LIST OF EXHiBITS
E�ibit A....... Preliminary Site Plan
Exhibit B....... Preliminary Grading,Drainage and Erosion Control Plan
Exhibit C....... Preliminary Utility Plan
Exhibit D,..... Preliminary Building Plans&Elevations
Exhibit E...... Prelimi.nary La.ndscaping Plan
Exhibit F...... Preliminary Lighting Plan
E�.ibit G...., Preliminary Signage Plan
Exhibit H..... Site Improvements Cost Estimate
Exhibit I...... Shared Access and Parking Agreement
Exhibit J..... Materials Pzoposa.l Depiction
(Note:All Preliminary Plans subject to change; sucka changes will require City approval)
Developer Tnitial�
City Clerk Initial
Page 12 of 12