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HomeMy WebLinkAboutItem 06.dSeptember 17, 2015 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR THE EAGLEVIEW DR. PEDESTRIAN TUNNEL AND AMENDMENT TO THE SPRIRIT OF BRANDTJEN FARM COMMERICIAL 2ND ADDITION DEVELOPMENT CONTRACT Proposed Action The Parks & Recreation and Planning Director recommend adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County for the Eagleview Dr. pedestrian tunnel and Amendment to the Spirit of Brandtjen Farm Commercial 2nd Addition development contract Overview A goal of the greenway collaborative is to preserve greenway corridors in coordination with land development. The City has been working Dakota County and Tradition Development to incorporate the North Creek Greenway into future development. The Spirit of Brandtjen Farm Commercial 2nd Addition development includes the North Creek Greenway in the area around East Lake. As part of the infrastructure improvements, Tradition will be constructing approximately 4600 feet of the North Creek Greenway trail with a pedestrian tunnel under the future Eagleview Drive. Eagleview Drive is a collector road that will connect 170th Street to County State Aid Highway (CSAH) 46 (see attached Concept Map). On April 21, 2015, the County Board directed County staff to prepare a JPA with the City of Lakeville for the development of the North Creek Greenway, per the following predominant terms, and return to the County Board for approval of the final agreement and County cost share of $288,000 and a ten percent contingency (see attached JPA): City/Developer Contribution/Responsibilities County Contribution/Responsibilities Total Project • Land dedication for greenway (3.4 acres) • Phase 1 Trail construction 600’ (with project) • Phase 2 Trail construction 4000’ (future) • Design and engineering • Construction administration and management • Cost savings associated with larger project • Trail maintenance until it becomes regional Estimated value: $492,000+ • 12’ wide pedestrian tunnel under Eagleview Drive • Review and approve plans Cost: $288,000 and 10% contingency Cost: $780,000 With the County’s share of the pedestrian tunnel cost now identified in the JPA, staff and Tradition Development would like to amend the section of the approved SBF Commercial 2nd Addition development contract that pertains to this work and the County’s cost share as identified in the JPA. The signed SBF Commercial 2nd Addition development contract amendment is attached. Primary Issues to Consider • Provides greenway continuity in high use area between Cobblestone Lake and East Lake • Establishes one mile of North Creek Greenway through the Spirit of Brandtjen Farm PUD • Avoids at -grade crossing of Eagleview Drive (estimated at approximately 10,000 Average Daily Traffic) • Completes tunnel at time of development (at a relatively low cost) Supporting Information Joint Powers Agreement with Dakota County for Eagleview Dr. pedestrian tunnel Amendment to the SBF Commercial 2nd Addition development contract • Concept Map Brett Altergott Parks & Recreation Di ctor Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Community Values: Design that Connects the Community & Access to a Multitude of Natural Amenities and Recreational Opportunities DRAFT- JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE FOR COST CONTRIBUTION RELATED TO CONSTRUCTION OF NORTH CREEK GREENWAY EAST LAKE PARK - EAGLE VIEW PEDESTRIAN UNDERPASS SEGMENT WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivision of the State of Minnesota; and WHEREAS, the Cit,, of Lakeville (City) is a Mi-esota municipal corporation; and WHEREAS, City and County (the "Parties") have agreed to cooperatively undertake and pay for construction of a pedestrian underpass of Eagleview Drive and 4600 ft of bituminous trail for the North Creek Regional Greenway in the City of Lakeville located between East Lake Park and CSAH 46 that will provide public benefits and improve pedestrian and vehicular safety (the "Project"). NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the Parties hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 Purpose The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for cost contribution to be provided by the County related to the Project. ARTICLE 2 Term and Project 2.1 Term. This Agreement shall be effective on the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2019, or until completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless amended in writing or earlier terminated by law or according to the provisions of this Agreement. 2.2 Project. The Project according to this agreement is referenced in Attachment B and includes: - Approximately 6.8 acres for a trail, tunnel and gateway plaza - Approximately 4600' of phased 10' wide bituminous trail - A 12' wide tunnel under future Eagle View Drive - A trail gateway/plaza ARTICLE 3 Cooperation The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. ARTICLE 4 Payment 4.1. Cost _Contribution Amount. The City will be responsible for awarding a contract for the Project in accordance with State laws relating to public improvement projects, and for construction management and inspection of the work of the Project. Attached hereto as Exhibit A is a true and correct copy of the cost estimate for the Project. The County shall provide to the City an amount not to exceed $288,000 plus a 10% contingency to support the actual cost for construction for the Project pursuant to the terms herein. 4.2. Payment by County. The County shall make payment to the City on a reimbursement basis. Payment by the County will be based on actual construction costs per the awarded contract. All reduced construction expenses below the construction cost estimate of $288,000 due to bids, change orders or other cost saving conditions will reduce the County contribution equivalently. Payment by the County will be made to the City after the County receives an itemized monthly invoice of the actual cost for construction and engineering for the Project. Payment by the County shall be made within 45 days after receipt of said invoice. If payment of any amount is disputed by County, payment of undisputed amounts will be made as set forth herein and City will be requested to provide additional documentation to support payment of any disputed amount. .,. Rig t to Re use � a Mment. sue County may r�.lUssc o pay airy claiim ghat is not specifically authorized by this Agreement. Payment of a claim shall not preclude the County from questioning the propriety of the claim. The County reserves the right to offset any overpayment or disallowance of claim by reducing future payments. ARTICLE 5 City's and County Obligations 5.1. Authorized Purposes. The funding provided by County to the City under this Agreement shall only be used by the City for the actual cost for construction for the Project. 5.2. City Project Obligations. The City in coordination with the developer shall be responsible for the following project obligations: - Providing the necessary land of approximately 6.8 acres for the construction and operations and maintenance of the tunnel and trail - Providing the County a permanent easement for public use and operations and maintenance for the trail and tunnel - Providing the design and engineering associated with the project - Providing County review, comment and approval of the construction documents prior to solicitation of bids - Providing County review and approval of the bid relating to the project prior to the City awarding contract - Constructing in phases approximately 4600' of 10' wide bituminous trail and a 12' wide trail tunnel and trail gateway/plaza per State Aid standards. — Maintaining the trail and associated right of way until the trail and tunnel is accepted by the County Board as a regional trail by connecting outside of the city or its visitation serving 40% from outside Dakota County. 5.3. County Project Responsibilities. The County shall be responsible for the following project obligations: - Providing payment to the City of up to $ with City delivery of the project - The County will assume jurisdiction, operations and maintenance of the trail, tunnel, trail gateway plaza and lands and improvements within the easement once the County Board approves as a regional trail. The County in cooperation with the City will prepare a Supplemental Maintenance Agreement defining operations and maintenance responsibilities at the time of jurisdictional transfer to the County. 5.4. Acknowledgement. The City shall appropriately acknowledge the funding assistance provided by the County pursuant to this Agreement in any promotional materials, signage, reports, publications, notices and presentations concerning the Project. 5.5. Compliance with Laws/Standard. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations which will apply toward the design and construction of the work anticipated by this Project. 5.6. Trail Ownership and Maintenance. The City and the County will enter into a separate agreement related to ownership, operation and maintenance of the trail. ARTICLE 6 Indemnification and Insurance Each party to this Agreement shall be solely liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. In the event of any claims or actions filed against either party, nothing in this JPA shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. In order to insure a unified defense against any third party liability claim arising from the work of the Project, City agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All such insurance policies shall name City and County as additional insureds. ARTICLE 7 Reporting. Accounting and Auditing Requirements 7.1. Accounting Records. The City agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by the City for a minimum period of six years following the expiration of this Agreement. 7.2. Auditing. The books, records, documents and accounting procedures and practices of the City that are relevant to this Agreement are subject to examination by the County and the State Auditor for a minimum of six years following the expiration of this Agreement. 7.3.Authorized ReNresentatives. The foiiowilig named persons are desi hated t'i'le Aud'10rized Representatives of the parties for purposes of this Agreement. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Director of Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY. Matt Little or successor, Mayor City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 7.4. Liaisons. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Steve Sullivan, Parks Director Telephone: (952) 891-7088 Email: steve.sullivan@co.dakota.mn.us City Liaison: Brett Altergott, Parks & Recreation Director Telephone: (952) 985-4601 Email: baltergott@lakevillemn.gov ARTICLE 8 Modifications Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the Authorized Representatives of the County and the City. ARTICLE 9 Termination 9.1. In General. Either party may terminate this Agreement for cause by giving seven days' written notice of its intent to terminate to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a mate: al breach of this Agreement ails any suppielilcntai agr Ve111N11tJ or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 9.2. Termination by County for Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 10 Minnesota Law to Govern This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. ARTICLE 11 Mercer This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 12 Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE 13 Survivorship The following provisions under this Agreement survive after the termination date of this Agreement: Section 5.2 (Acknowledgement); Section 6 (Indemnification); Section 7 (Reporting, Accounting and Auditing); Section 10 (Minnesota Law to Govern); and Section 12 evera i qty}. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY Assistant County Attorney/Date County Board Res. No. JPA with for Trail Construction (FORM) By Physical Development Division Director Date of Signature: CITY OF LAKEVILLE Lo Lo Matt Little, Mayor Date of Signature: City Clerk Date of Signature: (reserved for recording information) AMENDMENT TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) SPIRIT OF BRANDTJEN FARM COMMERCIAL 2ND ADDITION AGREEMENT dated September 21, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City'), and SBF DEVELOPMENT CORP., a Minnesota corporation (the "Developer"). RECITALS A. The City and have previously entered into that certain Development Contract and Planned Unit Development Agreement for SPIRIT OF BRANDTJEN FARM COMMERCIAL 2ND ADDITION dated ("Development Contract/PUD") recorded on , as Dakota County Torrens Document No. and on as Dakota County Abstract Document No. B. The City and Dakota County have entered into a Joint Powers Agreement for North Creek Greenway concerning trail and tunnel construction at Eagle View Drive and cost participation by the County ("JPA"). 183408v2 C. The Developer and the City desire to amend the Development Contract/PUD to address the cost allocations for construction of an underpass on Eagleview Drive based on the Dakota County's cost participation as provided in the JPA. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMENDMENT. Paragraph 23 of the Development Contract/PUD is amended in its entirety to read as follows: 23. PARK DEDICATION, TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm Commercial 2nd Addition includes the construction of public concrete sidewalks. Five foot wide concrete sidewalks shall be constructed along both sides of the collector roads within Spirit of Brandtjen Farm Commercial 2nd Addition. Eight foot wide concrete sidewalks shall be constructed along the north side of 162nd Street and along the west side of Eagleview Drive, north of 162nd Street, adjacent to the future commercial development parcels. The Developer shall construct bituminous trails within Outlots E and H, Spirit of Brandtjen Farm Commercial 2nd Addition to provide connections to the greenway corridor from an existing trail network within Spirit of Brandtjen Farm. The Developer shall pave the existing gravel trails located within Outlots E and H, Spirit of Brandtjen Farm Commercial 2nd Addition and Outlots W and XX, Spirit of Brandtjen Farm. The City will credit the Developer's cash fees the cost of the bituminous pavement and aggregate base for the public trail construction with the final plat, calculated as follows: (325 tons X $91.30/ton) +(13,750 tons X $16.50/ton) _ $52,360.00 Bituminous Trail Bituminous Unit Cost Aggregate Base for Aggregate Base Unit Total Credit to the Quantity (tons) Trail Quantity Cost Developer's Park Dedication Requirement The private trails within the City owned Outlot E will be publicly accessible and privately maintained by the homeowners association. The City will grant the Developer an access easement within Outlot E for maintenance purposes. 183408v2 The Developer shall construct a portion of the greenway corridor trail which includes a 14 - foot by 10 -foot pedestrian underpass under Eagleview Drive. The pedestrian underpass must meet all MnDOT requirements. A registered structural engineer must design the pedestrian underpass and certify the inspection and installation. Plans must be approved by Dakota County's engineer and the City shall perform inspections. The Developer shall pay for and install the pedestrian underpass. The City will reimburse Developer for construction of the pedestrian underpass in the amount provided by the County under the terms of the JPA, as follows: $288,000.00 and will provide up to $28,800.00 (10% of the City's portion) as a contingency. The City will reimburse the Developer for the City's portion of the cost of the pedestrian underpass when the following conditions have been met: • The City has inspected and accepted the pedestrian underpass improvements. • Dakota County has provided the City with the full amount of the agreed upon reimbursement of the pedestrian underpass installation pursuant to the JPA. Developer may have the reimbursement credited towards future development fees or may request a cash disbursement. The Parks, Trails, and Open Space Plan also identifies a 10 -foot wide bituminous trail along the south side of 160th Street adjacent to the development. The trail shall be constructed at the time that Outlots G, K and L are final platted into lots and blocks. The Park Dedication fee has not been collected on the parent parcels and will be satisfied through a cash contribution that must be paid at the time of final plat approval. The Park Dedication fee for commercial areas in SBF is $5,400 per acre per the SBF Master PUD Agreement. The park dedication requirement is calculated as follows: Total Area of the SBFC 2nd Addition Preliminary Plat Less: County Road Right -of -Way (CSAH 46) Outlots A, C, D, E, F, G, H, I, K, L, M ROW Adjacent to Residential Development Park Dedication Area 183408v2 157.98 acres -0.12 acres -147.91 acres -7.59 acres 2.36 acres The area within the plat that will be commercial development will be along the north side of 162nd Street and east and west side of Eagleview Drive. The $5,400/acre commercial park dedication rate will be applied to the right-of-way area dedicated for these street segments, calculated as follows: 2.36 acres X $5,400/acre = $12,744.00 Eagleview Drive Right -of -Way Commercial Park Dedication Rate Total north of 162nd Street and 162nd Street % Right -of -Way If the outlots adjacent to 162nd Street right-of-way or Eagleview Drive right-of-way north of 162nd Street are developed as a land use other than Commercial, the Developer shall receive a credit to the Park Dedication for the difference in land use at the time the outlots are final platted into lots and blocks. The Developer shall receive a credit to the Park Dedication requirement for the area to be dedicated as park land, calculated at the Detached Dwelling Unit rate of $45,343 per acre consistent with the SBF Master PUD Agreement. The Park Dedication credit is calculated as follows: 1.41 acres X $45,343/acre = $63,933.63 Outlot E and Portion of Outlot H to Detached Dwelling Unit Rate Total be Deeded as Park Land The Park Dedication Fee and cash escrow for trail construction costs along 1W, Street will be required at the time the outlots are final platted into lots and blocks at a rate consistent with the Master PUD Agreement. 2. DEVELOPMENT CONTRACT/PUD. The Development Contract/PUD shall remain in full force and effect except as specifically modified by this Second Amendment. [The remainder of this page has been intentionally left blank. Signature pages follow.] 1834082 CITY OF LAKEVILLE BY: (SEAL) I' " s STATE OF MINNESOTA j )ss. COUNTY OF DAKOTA ) Matt Little, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 183408v2 DEVELOPER: SBF BY: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this l day of , 2015, by -T-. L%.c6L the 4 of SBF Development Corp., a Minnesota corpdration, on behalf of the corporation. SHELBY LYN LENOTARY PUBUC - MIN DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP:cjh 183408v2 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT COBBLESTONE LAKE, LLC, a Minnesota limited liability company, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract and Planned Unit Development Agreement, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this Ro day of SWk , 2015. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instruments acknowledged befo a me this 16 day of =1r1,,-*441V,Scb+�/ 2015, by C . �c Lrh1h , the ^r of Cobblestone Lake, LLC, a Minnesota limited I ty comps y, on its beh SHELBY LYN LEE Not Public NOTARY PUBLIC - MINNESOTA r...: My CwvN9dm Evkw Jan. $1, 2A19 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 AMP:cjh 183408v2 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT SBF DEVELOPMENT CORP., a Minnesota corporation, which has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract and Planned Unit Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this day of 2015. STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was , 15, by corporation, bn behalf of the corporation. r`✓l�d. ll✓. lJlJlf, /l, 11J�J�JJl. �. �. l- /.. r l DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 183408v2 SB M acknowledg d before me this (o day of �- JO< L010 Yi�Gk the _r—e( SBF Development Corp., a Minnesota NOTARY -PUBLIC I ok Futme Trailhead.•. r IF 1 � ' ► • ' ','_ . loM, 47W KUL— •� ��- Existing Pedestrian •' r' ;" Tunnel c#or ' p l % 3000' Regional Connection '� to CSAH 46 Underpass '`•� funnel �-'•"_"�--�� at _• Y Trail Gateway/Plaza '` Area