CSM CORPORATION (PC# )

Transcription

1 (reserved for recording information) MASTER AND FINAL PLANNED UNIT DEVELOPMENT AGREEMENT CSM CORPORATION (PC# ) THIS MASTER AND FINAL PLANNED UNIT DEVELOPMENT AGREEMENT ( Agreement ) is dated effective, 2017 (the Effective Date ), and is entered into by and between the CITY OF ARDEN HILLS, a Minnesota statutory city ( City ); and CSM CORPORATION, a Minnesota corporation ( Developer or CSM ). 1. RECITALS. A. CSM is the record fee owner of four parcels situated in the County of Ramsey, State of Minnesota, and legally described on the attached Exhibit A (the Property ). Said four lots contain four buildings which have the assigned addresses of 4255, 4265, 4293, and 4295 Lexington Avenue North and comprise 16.6 acres. Said lots are labelled as Parcel 1, Parcel 2, Parcel 3, and Parcel 4 and are depicted on the attached Exhibit B. For this Agreement, the four parcels, also known as the Property, will function as one entity.

2 B. On the 6 th day of April, 2017, the Developer submitted an application requesting that the City approve a Master and Final Planned Unit Development ( Application ) to reconfigure the parking and for construction of additional parking stalls on the Property within the existing Arden Hills Corporate Center (the Project ). C. The Project is illustrated and described on the following documents ( Plans ), attached and incorporated as part of Planning Case 17-02, on file and of record at the City of Arden Hills: 1. Overall Site Plan dated 03/28/17, as revised on 04/07/17 2. Site and Removals Plan dated 03/28/17 3. Grading, Drainage and Erosion Control Plan dated 03/28/17 4. Landscape Plan dated 03/28/17 5. Lake Johanna Fire Truck Movement dated 04/07/17 2. CITY PLANNING COMMISSION REVIEW AND RECOMMENDATIONS. On the 3rd day of May, 2017, the City Planning Commission reviewed the Application, and after consideration of the Application, the submitted Plans, the reports and comments of the City s staff and consultants, and other public comments, and subject to conditions, recommended approval of the Project. 3. CITY COUNCIL REVIEW. On the 22 nd day of May, 2017, the City Council reviewed recommendations of the Planning Commission; the materials and comments submitted by City staff and its consultants; and the materials and comments submitted by the Developer and its consultants. At the conclusion of its review, the City Council approved a Master and Final Planned Unit Development for the construction of additional parking stalls to meet the needs of CSM s existing tenants subject to the terms and conditions contained herein. 2

3 4. TERMS AND CONDITIONS. In consideration of the City s development approvals; in compliance with the City s development regulations; and in consideration of the undertakings expressed herein, the parties agree as follows: A. PUD. The Developer is hereby authorized and shall reconfigure, expand and construct additional parking stalls located in several areas throughout the Property consistent with the Plans reviewed and approved by the City. CSM shall comply with all terms and conditions of this Agreement: 1. The Project shall be completed in accordance with the submitted Plans as amended by the conditions of approval. Any significant changes to these Plans, as determined by the City Planner, shall require review and approval by the Planning Commission and the City Council. 2. The Developer shall obtain the required development permits within one year of the approval date or the approval shall expire, unless extended by the City Council prior to the approval s expiration date. Extension requests must be submitted in writing to the City at least forty-five (45) days prior to the expiration date. 3. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 4. The Developer shall verify the location of the underground gas line from the northwest corner of the 4255 Lexington Avenue building, running underground to the garage/storage building located at 4293 Lexington Avenue, prior to the issuance of any permits. 5. Landscaping shall be installed pursuant to the Plans and details submitted to and approved by the City. 3

4 6. Developer shall obtain approval from the Lake Johanna Fire Marshal that there is adequate space for the Lake Johanna fire trucks to maneuver in the proposed parking lot, and provide a copy of said approval to the City prior to the issuance of any permits. 7. The Developer shall conform to all City regulations, zoning codes and design standards. B. Security. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of any development permits. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured bank. The letter of credit shall automatically renew for successive one-year terms unless at least sixty (60) days prior to the next annual renewal date, the issuing bank delivers notice to the City that it intends to modify the terms of, or cancel, the letter of credit. A partial reduction in the letter of credit may be granted by the City in the event that landscaping improvements are installed over successive growing seasons. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the Developer defaults on this Agreement. C. Escrow. The Developer shall submit a cash escrow for landscaping improvements in the amount of Ten Thousand and no/100ths ($10,000.00) Dollars prior to the issuance of any development permits. The escrow will be held by the City for two (2) years after installation of landscaping and used for City costs related to review, approval, and inspection of landscaping, or Developer default. D. Required Permits. The Developer shall obtain all necessary permits, including, but not limited to, MPCA-NPDES, Rice Creek Watershed District, Minnesota Department of Health, Ramsey County and City Right of Way, and City grading and erosion control permits. 4

5 Copies of all issued permits shall be provided to the City prior to the issuance of any development permits. 5. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. 6. LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, the liability of CSM shall be limited to its ownership of the Property. Upon sale or conveyance of any portion of the Property, the transferee shall be liable for all obligations of CSM which relate to the portions of the Property so transferred and the transferor shall be automatically released from any further obligation, liability, right or responsibility in respect to such transfer. The transferee may seek amendments of this Agreement or apply to the City for other land use approvals without further consent or authorization from the transferor. Moreover, nothing herein shall be construed to create a cause of action on behalf of the City against CSM with respect to its business operations beyond the obligations set forth herein relating to the development and maintenance of the Property. 7. RECORDING OF DOCUMENT. This Agreement shall run with the Property and shall be recorded in the office of the Ramsey County Recorder by the City. 8. GOVERNING LAW. The City and CSM agree that the laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the undersigned parties and performance under it without regard to principals of conflicts of law. The language of this Agreement is and shall be deemed a result of negotiations among the parties and the respective legal council and shall not 5

6 be strictly extrude for or against any party. Each party agrees that any action arising out of or in connection with this Agreement shall be brought solely in the courts of the State of Minnesota, Second Judicial District, or the United States District Court for the District of Minnesota. 9. EVENT OF DEFAULT. The occurrence of any of the following shall be considered an Event of Default in the terms and conditions contained in this Agreement: 1. Failure of Developer to comply with any of the terms and conditions contained in this Agreement if Developer fails to correct such failure within thirty (30) days after receiving written notice of such failure from the City, or if such failure cannot be reasonably cured within such thirty (30) day period, then the failure of the Developer to promptly commence the correction of such failure or to complete the correction of such failure within a reasonable period of time. 2. The failure of Developer to comply with any applicable ordinance or statute with respect to the development of the Property. 10. REMEDIES. Upon the occurrence of an Event of Default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: 1. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. CSM shall pay all sums so advanced, or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of ten percent (10%) per annum or the maximum amount permitted by law if less than ten percent (10%). If no action taken by the City pursuant to this section shall be deemed to relieve CSM from curing any such defaults to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. CSM shall save, 6

7 indemnify, and hold harmless, including reasonable attorney s fees, the City from liability or other damages which may be incurred as a result of the exercise of the City s rights pursuant to this section. 2. Obtain an order from a Court of competent jurisdiction requiring CSM to specifically perform its obligations pursuant to the terms and provisions of this Agreement. action for damages. 3. Exercise any other remedies which may be available to it, including an 4. Withhold the issuance of any building permits and/or prohibit the occupancy of all buildings which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, CSM shall pay the City all fees and expenses, including reasonable attorneys fees, engineering and consultant fees incurred by the City as a result of an event of default, whether or not a lawsuit or action is formally undertaking. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as of the date and year first above written. [Remainder of page intentionally left blank. Signatures on following pages.] 7

8 CITY OF ARDEN HILLS (SEAL) By: David Grant, Mayor And Julie Hanson, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of, 20, by David Grant and by Julie Hanson, respectively the Mayor and City Clerk of the City of Arden Hills, a Minnesota statutory city, on behalf of the City and pursuant to the authority granted by its City Council. Notary Public 8

9 CSM CORPORATION A Minnesota Corporation By: [print name] Its [title] STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of, 20, by, the of CSM Corporation, a Minnesota corporation, on its behalf. Notary Public DRAFTED BY: Campbell, Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota Telephone: (651) (JJJ) 9

10 EXHIBIT A to MASTER AND FINAL PLANNED UNIT DEVELOPMENT AGREEMENT (PC ) Insert legal descriptions 10

11 EXHIBIT B to MASTER AND FINAL PLANNED UNIT DEVELOPMENT AGREEMENT (PC ) Depiction of the four parcels/buildings 11

12 Drawing name: X:\2012\120050\plan sheets\additional Parking \120050site.dwg Apr 07, :20am ARDEN HILLS CORPORATE PARKING EXPANSION PUD AMENDMENT OVERALL SITE PLAN