HomeMy WebLinkAboutItem 06.gJune 30, 2010
Item No.
JULY 6, 2010 CITY COUNCIL MEETING
GILB ENTERPRISES, LLC SITE IMPROVEMENT PERFORMANCE AGREEMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Gilb
Enterprises, LLC Site Improvement Performance Agreement as presented.
Adoption of this motion will allow City staff to approve Mr. Gilb's administrative
subdivision of property located south of 202 Street (CSAH 50) and west of Iberia
Avenue.
Overview
Roger Gilb has submitted an application for an administrative subdivision and lot
combination in conjunction with the minor auto repair conditional use permit
amendment approved by the City Council at their June 7, 2010 meeting. This
agreement and the new boundary drainage and utility easements being dedicated to
the City are a requirement of Mr. Gilb's application to ensure that the lot combination
occurs prior to building permits for either of the subject parcels.
Primary Issues to Consider
Why is the lot combination required? The lot combination is required because the two
parcels alone would not accommodate future commercial development as shown on the
site plan approved with the conditional use permit amendment.
Supporting Information
• Signed Site Improvement Performance Development Agreement
• Conditional Use Permit Site Plan.
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Frank Dempsey, Associate Pfanner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance.
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SITE IMPROVEMENT PERFORMANCE
AGREEMENT
GAB ENTERPRISE, LL
AGREEMENT dated
2010, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), GILB ENTERPRISE, LLC, a Minnesota limited
liability company ( "Gilb Enterprise ") and G & F HOLDINGS, LLP, a Minnesota limited liability partnership
( "G &F Holdings "). Gilb Enterprise and G &F Holdings are collectively referred to herein as the
"Developer ").
1. BACKGROUND.
A. Gilb Enterprise owns property located at 20315 Iberia Avenue in the City of
Lakeville, Minnesota, legally described as Lot 1, Block 1, GILB FITZPATRICK ADDITION,
Dakota County, Minnesota (hereinafter referred to as "Gilb Property ")
B. G &F Holdings owns the unplatted parcel lying north of the Gilb Property
having a street address of 9056 - 202nd Street, Lakeville, Minnesota, and legally described as
follows:
All that part of the SE 114 of the NW 114 of Section 29, Township 114, Range 20, Dakota
County, Minnesota, described as follows: Commencing at the Northwest corner of said SE 114
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of the NW 114 of Section 29; thence Easterly on the North line of said SE 114 of the NW 114 a
distance of 1070.05 feet to a point 257.15 feet Westerly from the Northeast corner of said SE 114
of the NW 114 and the actual point of beginning, thence Southerly parallel with the East line of
said SE 114 of the NW 114 a distance of 233.70 feet; thence Westerly parallel with the North line
of said SE 114 of the NW 114 a distance of 124.00 feet; thence Northerly parallel with said East
line of the SE 114 of the NW 114 a distance of 233.70 feet to the North line of said SE 114 of the
NW 114; thence Easterly on said North line a distance of 124.00 feet to the actual point of
beginning, Dakota County, Minnesota;
EXCEPT that part thereof lying Northerly of a line run parallel with ad distant 60 feet
Southerly of Line I described below:
LINE 1: Beginning at a point on the North and South quarter line of Section 29, distant
1334.29 feet South of the North quarter corner thereof; thence run Westerly at an angle of 90
degrees 54 minutes 18 seconds from said North and South quarter line (measured from North
to West) for 700 feet and there terminating,
(hereinafter referred to as "G &F Property "). The Gilb Property and the G &F Property are
collectively referred to herein as the "subject property ".
C. Gilb Enterprise has submitted an application for a conditional use permit
amendment requesting that the current major auto repair designation assigned to the Gilb
Property with the existing conditional use permit approved in 1994 and amended in 1995 be
reclassified as minor auto repair.
2. CONDITIONS OF APPROVAL. Upon approval of the requested conditional use permit
amendment, an administrative subdivision of the Gilb Property will also be approved. The amended
conditional use permit will be recorded against Parcel B. This Agreement is a condition of administrative
subdivision and site plan approval and requires that Parcel A and the unplatted G &F Property to the
north be combined into a single parcel prior to the issuance of building permits for either parcel. This
Agreement will be recorded against Parcel A and the G &F Property.
3. PLANS. The subject property shall be developed in accordance with the amended
conditional permit and the following plans. The plans shall not be attached to this Agreement. If the plans
vary from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A — Administrative Subdivision Site Plan
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Plan B — Site Sketch and Grading Plan
4. OTHER SPECIAL CONDITION. Approval of the conditional use permit amendment,
administrative subdivision and site plan is subject to the following conditions:
• The Developer shall provide the City with a permanent drainage and utility easement, in
recordable form, dedicating a 10 foot wide easement along the shared side lot line
between Parcels A and B as required by City subdivision ordinance.
5. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the subject property to perform all work and inspections deemed appropriate
by the City in conjunction with site development.
6. RESPONSIBILITY FOR COSTS.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the
development of the site, including but not limited to legal, planning, engineering and inspection expenses
incurred in connection with approval of the site plan, the preparation of this Agreement, review of any other
plans and documents.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from site
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall
accrue interest at the rate of eight percent (8 %) per year.
7. MISCELLANEOUS.
A. Third parties shall have no recourse against the City under this Agreement.
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B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion
of this Agreement.
C. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Agreement shall not be a waiver or release.
D. This Agreement shall run with the land and may be recorded against the title to the
subject property. The Developer covenants with the City, its successors and assigns, that the Developer
has fee title to the subject property and /or has obtained consents to this Agreement, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
E. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
F. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits and certificates of occupancy, and the
halting of all work on the property.
G. The Developer represents to the City that the development complies with all city,
county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If the City determines that the development
does not comply, the City may, at its option, refuse to allow construction or development work in the
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development until the Developer does comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
8. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
9. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 9880 Iteri Court West, Lakeville, Minnesota 55044. Notices to the City shall be in
writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in
care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
CITY OF LAKEVILLE
(SEAL)
STATE OF MINNESOTA )
( ss.
BY:
U , 0 9 ,
Holly Dahl, Mayor
Charlene Friedges, City Clerk
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COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of ,
2010, by Holly Dahl and by Charlene Friedges, respectively 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
152115v01 6 LKVL:GILB ADIv m. SUBD.
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DEVELOPER:
GILB ENTERPRISE, LLC
BY: 4
Roger A. Gilb
Its QfES>
I
STATE OF MINNESOTA )
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COUNTY OF WJW w
The foregoing instrument was nowledgedd before me this 3 day of ��� �-� , ,
2010, by ROGER A. GILB the rJus l of Gilb Enterprise, LLC, a
Minnesota limited liability company, on behalf of the company.
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NOTAR PUIAIC
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152115v01 7 LKVL:GILB ADMIN. SUBD.
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DEVELOPER:
G & F HOLDINGS, LLP
BY: F (-.' a , 'q'a
Roger A . Gilb
Its LBLZ S"
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was ap�nowledged before me thi day of
2010, by ROGER A. GILB the -'J'� c .� of Gilb Enterprise, LLC, a
Minnesota limited liability company, on behalf of the company.
NOTARY PU IC
ANGELA KAY ciUAM
Notary Public
Minnesota
Expires Janua 31, 2015
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
1 521 15v0 8 LK VL:GILB ADMIN. SUBD.
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MORTGAGE CONSENT
TO
SITE IMPROVEMENT PERFORMANCE AGREEMENT
LAKEVIEW BANK, which holds mortgages on all or part of the property subject to the foregoing
Site Improvement Performance Agreement, agrees that the Agreement shall remain in full force and effect
even if it forecloses on its mortgages.
Dated this day of u , 2010.
LAKEVIEW BANK
BY:
Its � V u ('�y J�-r✓
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The f re oing instrument was acknowledged before a this �� day of �
2010, by I7' 6- the
� the
of Lakeview Bank, on behalf of the bank.
(�P /9 �2?�
NOTARY PUBLIC
DRAFTED BY: A CAROL DENISE MAY
CAMPBELL KNUTSON NOTARY PUBUC MINNESOTA
Professional Association 1W UYCWnMb8bnE*kWJGn.31,2014
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452 -5000
RNK:sm
15211501 9 LKVLGn.B ADMIN. SUBD.
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