HomeMy WebLinkAboutItem 06.rJune 12, 2014 Item No.
AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT
WITH MENASHA PACKAGING COMPANY LLC
June 16, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve an Amendment to the
Contract for Private Development with Menasha Packaging LLC.
Passage of this motion will result in minor changes to the insurance requirement provisions for the
Contract for Private Development that provides Tax Increment Financing (TIF) assistance to facilitate
an expansion of the Menasha Packaging Co. facility in Airlake Industrial Park.
Overview
The City Council approved a Contract for Private Development with Menasha Packaging LLC on April
21, 2014 to provide Tax Increment Financing Assistance to facilitate a 123,000 square foot expansion
of their 238,000 square foot manufacturing facility located at 8085 2201h Street West.
Menasha has requested a minor revision to the evidence of the insurance provisions of the previously
approved Contract. The City Attorney's office has reviewed the requested changes and has drafted
the necessary amendment to the Contract. A redline copy showing the original language and the
proposed changes is also attached.
Menasha has submitted an application for a building permit for their proposed expansion and expects
to begin site preparation work soon. Staff recommends approval of the proposed amendment.
Primary Issues to Consider
• Does this requested amendment affect the City's need for verification that Menasha has the
required insurance in place? It has been determined that it meets the City requirements.
Supporting Information
Amendment to Contract for Private Development with Menasha Packaging LLC.
Redline copy of insurance provisions
David L. Olson, Community and Economic Development Director
c: Greg Theis, Menasha
Laurie Townsend, Menasha
Financial Impact: $ None Budgeted:Y/N Source:
(c) All insurance required under this Article shall be taken out and maintained in responsible
insurance companies selected by the Developer which are authorized under the laws of the State to
assume the risk covered thereby. The Developer will deposit annually with the City h0^aers; evil-e- ^�^^
1.1^" R.SUFanee or a certificate or certificates of the respective insurers stating that such insurance is
in force and effect.
The insurer shall not cancel or modify it without giving written notice to the Developer and the City at
least thirty (30) days before the cancellation or modification becomes effective. Net less than {'f*P-P-^
Upon renewal, the Developer shall furnish the City
evidence satisfactory to the City that the policy has been renewed or replaced by another policy
conforming to the provisions of this Article, or that there is no necessity therefor under the terms
hereof. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella
policies, or a combination thereof, having the coverage required herein, in which event the Developer
shall deposit with the City a certificate or certificates of the respective insurers as to the amount of
coverage in force upon the Improvements.
AMENDMENT TO CONTRACT FOR DEVELOPMENT
THIS AMENDMENT TO CONTRACT FOR DEVELOPMENT ("Amendment") is
made this day of , 2014, by and between the CITY OF LAKEVILLE, a
Minnesota municipal corporation ("City") and MENASHA PACKAGING COMPANY, LLC, a
Wisconsin limited liability company (hereinafter referred to as "Menasha")
RECITALS
WHEREAS, the City and Menasha entered into a Contract for Private Development
Contract dated , 2014 ("Contract"), for the property legally described on the
attached Exhibit "A" ("Property); and
WHEREAS, Menasha has requested minor changes to the insurance requirements under
the terms of the Contract and the City is willing to amend the agreement to address the changes
requested by Menasha.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the parties hereto agree to amend the Contract as follows:
1. Section 4.1(c) of the Contract is hereby amended to read as follows:
(c) All insurance required under this Article shall be taken out and maintained in
responsible insurance companies selected by the Developer which are authorized under the
laws of the State to assume the risk covered thereby. The Developer will deposit annually
with the City a certificate or certificates of the respective insurers stating that such
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insurance is in force and effect. The insurer shall not cancel or modify it without giving
written notice to the Developer and the City at least thirty (30) days before the cancellation
or modification becomes effective. Upon renewal, the Developer shall furnish the City
evidence satisfactory to the City that the policy has been renewed or replaced by another
policy conforming to the provisions of this Article, or that there is no necessity therefor
under the terms hereof. In lieu of separate policies, the Developer may maintain a single
policy, blanket or umbrella policies, or a combination thereof, having the coverage required
herein, in which event the Developer shall deposit with the City a certificate or certificates
of the respective insurers as to the amount of coverage in force upon the Improvements.
2. Except as specifically provided herein, the Contract remains unchanged and in full
force and effect. Capitalized terms not otherwise defined herein shall have the meanings ascribed
to them in the Contract.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
day of 12014.
Remainder of Page Intentionally Left Blank.
Signature Pages Follow.
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CITY OF LAKEVILLE
LI -M
LI -M
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2014, by Matt Little and Charlene Friedges, respectively the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the City.
Notary Public
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MENASHA PACKAGING
COMPANY, LLC
UZ
STATE OF WISCONSIN )
(ss.
COUNTY OF WINNEBAGO )
Its
The foregoing instrument was acknowledged before me this day of ,
2014, by , the of the Menasha Packaging Company, LLC,
a Wisconsin limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
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EXHIBIT "A"
TO
AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT
Legal Description of Property
Lot 5, Block 3, Airlake Industrial Park 1st Addition, according to the recorded plat thereof, City of
Lakeville, Dakota County, Minnesota
(Abstract Property)
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