HomeMy WebLinkAboutItem 06.df '
October 17, 2013 Item No.
APPROVE PUBLIC IMPROVEMENT AGREEMENT WITH PREMIER BAND AND
MATTAMY PARTNERSHIP
October 21, 2013 City Council Meeting
Proposed Action
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Staff recommends adoption of the following motion: Move t0 approve Publi c Improvement
Agreement with Premier Bank and Mattamy Partnership.
Passage of this motion will establish City, Premier Bank and Mattamy Partnership project
responsibilities and costs associated with constructing a storm water improvement project.
Overview
The project is located near the intersection of Cedar Avenue (CSAH -23) and 205th Street. The
project is designed to reestablish the existing drainage way located within Outlot C, Spyglass
and includes the following improvements: construction of a storm water basin north Of 205
Street (within Premier Bank owned property), and restoration of the existing storm water
channel south of 2-o5 Street. Premier Bank will convey a drainage and utility easement to the
City for the storm water basin. The City will continue to be responsible for maintenance of the
storm water management system. Construction is scheduled in 2013.
The estimated project cost is $41,310.00. Premier Bank will pay $30,000 of the project cost.
The City's share of funding will be financed from the Utility Fund — Environmental Resources.
Primary Issues to Consider
What is the purpose of the project? Sediment is accumulating in the existing storm
water channel and impairing the capacity to convey storm water. The storm water
basin north of 205 Street will be constructed to capture sediment upstream of the
storm water channel and reduce future maintenance, and the existing storm water
channel will be restored to reestablish the channel capacity.
Info rmation
0 A copy of the Public improvement Agreement is attached
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Financial Impact: $ 11,310.00 Budgeted: Yes Source: Utility Fund — Env. Resources
Related Documents (CIP, ERP, etc.):
Notes: Additional funding provided by Premier Bank
AGRIGEMENT made this day of _ , 2013, by between and among
the CI'T'Y OF LAK.EVILLE, a Minnesota municipal corporation ( "City "), PREMIER BANK a
Minnesota corporation ( "Property Owner ") and MATTAMY (MINNEAPOLIS)
PARTNERSHIP, a Minnesota partnership ( "Mattamy ").
RECITALS
A. Property Owner is the fee owner of the following legally described property in the
City of Lakeville, County of Dakota, State of Minnesota ( "Subject Property"):
The South Ralf of the Northwest Quarter of Section 27, 'Township 114,
Range 20, Dakota County, Minnesota.
B. Property Owner and Mattanay have entered into a Contract for Sale and Purchase of
Real Property dated effective May 20, 2013, as amended (the "Sale and Purchase Contract ")
pursuant to which Property Owner agreed to sell the Subject Property to Mattam. y, subject to the
terrrls and conditions set forth therein,
C. Sediment from the Subject Property is being deposited in an existing drainage way
located in Outlot C, Spyglass, which property is owned by the City ( "City Property ")
D. The City will construct or reconstruct a drainage way and storm water conveyance
system over the Subject Property and City Property subject to the terms and conditions of this
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
TIC PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENT. The City will enter into one or more contracts to
design and construct a drainage way and storm water conveyance system ( "Public Improvement ")
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over the City Property and over that part of the Subject Property described on the attached Exhibit
"A" The City will complete the construction and installation of the Public Improvement on or
before December 31, 2014, subject to delays due to unusually inclement weather, casualty, acts of
nature, war, civil unrest, labor strikes or stoppages and other similar causes beyond the reasonable
control of the City. The City will restore any damage to the easement area or adjacent property in a
timely manner.
2. EASEMENT. upon execution of this Agreement Property Owner will convey to
the City the easement, in the form attached hereto as Exhibit "A" (the "Easement "), and Mattamy
will execute a caveat thereto, subordinating its interest in the Subject Property to the Easement.
3. PAYMENT. Upon completion of the Public Improvement Property Owner will
reimburse the City for the cost to design and construct the Public Improvement but in an amount not
to exceed Thirty Thousand and No /100 Dollars ($30,000.00). Any costs to design and construct the
Public Improvement beyond $30,000.00 shall be borne solely by the City and shall not be charged
to Property Owner or Mattamy nor assessed against the Subject Property,
4. MAINTENANCE. The City shall be responsible for all construction and
maintenance of the Easement and for any repair and/ /or replacement of the Public Improvement and
the City shall hold harmless and indemnify Property Owner, Mattamy, and their respective parents,
subsidiaries, affiliates, of -cers, directors, shareholders, members, managers, governors, partners,
employees, agents, representatives, attorneys and successors and assigns, of and from liability
claims for any loss or damages because of bodily injury, death or property damage arising from the
construction, maintenance or use of the Easement.
5. COUNTERPARTS. This Public Irnprovernent Agreement may be executed in
counterparts, all of which taken together shall constitute one Public Improvement Agreement
binding on all of the parties hereto notwithstanding that all the parties are not signatories to the
original or the same counterpart.
[Remainder of this page left blank - Signatures begin on the next page]
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CITY OF LAICEVILLE
By:
Matt Little, Mayor
AND
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
Charlene Friedges, City Cleric
The :foregoing instrument was acknowledged before me this clay of
2013, by Matt Little and by Charlene Friedges, the Mayor and City Cleric,
respectively, of the City of Lakeville, a Minnesota corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
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PREMIER BANK
By. LV�" d
Andrew D. N tli
Its Executive Vice President
STATE OF M3NNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before inc this day of
2013, by Andrew D. Nath, the Executive Vice President of Premier Bank, a
Minnesota corporation, on behalf of the corporation.
ARARY JO VARUSSO MCDONOUGH
NOTARY PiJBLiG' -
MINNtSUfA
AA.VcOMN gsLS ON EXPiF{FS J1 N31 1?16
NOTARY P L
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MATTAI9 Y (MINNEAPOLIS) PARTNE RSW,
a Minnesota partnership
BY: CALBEN (MINNESOTA) CORPORATION,
a gcr partner
`S -t�ve Logan
Its Vice President
STATE Or MINNESOTA )
} SS.
COUNTY
The foregoing instrument was acicrlowledged before me this E5 1,11 clay of
}C�bbC)( , 2013, by Steven Logan, the Vice President of Calben (Minnesota)
Corporation, a Minnesota corporation which is a general partner of Mattalny (Minneapolis)
Partnership, a Minnesota partnership, on its behalf.
SAR AN OK NOTARY PUBLIC
r- NOTARY PUBLIC • MINNFSO iA `
y� MY COMMISSION EXPIRES 01 /31J17
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DRAFTED BY:
CAMPBELL ENIUTSON, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
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E XHIBIT «A»
GRANT OF PERMANENT EASEMENT
PREMIER LAND, a. Minnesota corporation ( "Premier "), and MATTAMY
(M NNE APOLI,S) PARTNERSHIP, a Minnesota partnership ( "Mattamy "), hereinafter referred to
as "Grantors ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF
LAKE VILLE, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent
easement for public drainage and utility purposes over, on, across, under and through the land
situated in the County of Dakota, State of Minnesota, and legally described on the attached
Exhibit "A" (the "Easement Property ").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Easement Property at all reasonable tunes to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under, and through the casement
premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement
Property, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public drainage and utility
systems.
Premier does covenant with the City, its successors and assigns, that it is well seized in fee
title of the Easement Property; that it has the sole right to grant and convey the easement. to the City;
that there are no unrecorded interests in the Easement Properly that will materially interfere with the
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City's use of the Easement Property, other than the rights of Mattanny under that certain Contract for
Sale and Purchase of Real Property dated e - Yeetive May 20, 2013, as amended (the "Sale and
Purchase Contract "); and that it will indemnify and hold the City harmless for any breach of the
foregoing covenants.
Mattamy is executing this Grant of Permanent Easement for the sole purpose of subjecting
its interest in the Easement Property to the rights of the City granted hereunder, In the event that
Mattamy acquires title to the Easement Property as contemplated by the Sale and Purehase
Contract, Mattamy's rights in and title to the Easement Property shall be subject to the rights granted
to the City hereunder.
IN TESTIMONY WHEREOF, the Grantors hereto have signed tfr s easement this
day of , 2011
STATE OF MINNESOTA )
) ss.
COUNTY OF )
:�_@R
PRE, E JER BANK
Andrew D. Nath
Its Executive Vice President
The foregoing instrument was acknowledged before me this day of
, 2013, by Andrew D. Nath, the Executive Vice President of Premier Bank, a
Minnesota corporation, on behalf of the corporation.
NOTARY PUBLIC
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MATTAMY (MINNEAPOLIS) PARTNERSHIP,
a Minnesota partnership
BY: CALBEN (MINNESOTA) CORPORATION,
a general partner
as
Steven Logan
Its Vice President
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before nee this day of
2013, by Steven Logan, the Vice President of Calben (Minnesota)
Corporation, a Minnesota corporation which is a general partner of Mattamy (Minneapolis)
Partnership, a Minnesota partnership, on its behalf.
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
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NOTARY PUBLIC
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Des•�
T.he Pzoperty
'rho ,South Half of the Northwest Quarter of Section 27, Township 114, Range 20, Dakota County,
Minnesota.
The Easement
The South 33.00 feet of the East 86.00 feet of the West 1144.00 feet of the South Half of the
Northwest Quarter of Section 27, Township 114, Range 20, Dakota County, Mimesota.
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