HomeMy WebLinkAbout4G, Planning Case 11-011 – Select Senior Living of Arden Hills�
EN HILLS
Request for Council Action
Prepared By: Meagar� Beekman, City Planner Council Meeting Date: August 29, 20I 1
Planning Case 11-011— Select Senior Living of Arden Hiils
and TAT Properties Development Agreements
Budgeted Amount: Actual Arr�ount: Funding Source:
NA NA NA
Recommendation:
Motion to approve the development agreements between the City and SElect Senior Living, and
the City and TAT Properties, as presenied in the August 29, 2011, report to the City Council.
Su ortin Documents:
1. Memarandum from Meagan Beekrnan, City Planner.
2. Development Agreemeni between Select Senior Living and the City.
3. Development Agreement between TAT Properties and the City.
�
EN HXLLS
MEM4RA.NDUM
DATE: August 29, 2011
TO: Hanorable Mayor & City Cour�cilmembers
Patrick Klaers, City Administ�ator
FROM: Meagan Beekman, City Planner �
SUBJECT; Pla�ning Case 11-011
Applicant: TAT Properties and Select Senior Living
Property Loca�ion: 1201 West County Road E
Request: Development Agreements approval
ReQuested Action
Motion ta approve �lie devetapament agreemenis between the City and Select Senior Living, and
the Ciiy and TAT Properties, as presented in the August 29, 2011, report to the City Council.
Sack�round
At �their June 27, 2011, meeting, the City Council approved a zoning code amendrnent, Master
and Final PUD, and Prelimir�ary and Final PIa# to a11ow the applicants to reuse the existing
building at 1201 County Road E as assisted senior housing. As part of the application, the
property will also be subdivided into two separate paxcels, leaving iwo acres at the corner of
County Road E and Lexington for future development.
As part of any Master and Final PUD, the City requires a development agreemeni between the
developer and the City be signed and filed rn�ith the County against ihe deed of the property. At
the June 27, 2011, meeting, Staff did not present a development agreement because �here were
details within the agree�ent that had not yet been worked out 6etween �ie City and ihe
applicants. The Council also raised a number of issues, and add�d several conditions ihat needed
to be incorparated into the final development agreement.
For this particular application, Staff and the City Attorney have prepared iwo separate
developrnent ag�reements; one between Select Senior Living and the City, and one between TAT
City ofl4rden Hills
City Council Meetingfor �lugust 29, 20II
P.� 1PlanninglPlar�ning Cases42011111-01 l- Select Serrror Living PUD (APPROYED}108-29-II - Select Development �Igreements - Memo.doc
Page 1 of 2
Properties and the City. Each de�elopment agreemeni describes the obligations af that developex
in regards to this application. The reason for this is because there are certain conditions o�
approval related to the nevvly created corner parcel that are independent of Select Senior Livings
obligations wi� the City. Legally it is cleaner arid easier to keep the agreements separate.
Discussion
At the June 27, 2011, meeting, ihe Council added the follo�ng conditions to the approval of the
Master and Final PUD:
1. The applicant shall add decoraiive wrought iron, or other archiiectural treatment, to
the east side of the building on Lot 1, subject to the ap�roval of City Staff.
2. Lighting �hall be added to any fizture proof of parking that is converted to parking lot.
3. No more than 25 percent of the seniar facility an Lat 1 sha11 be co�zprised a� memory
care.
4. Additional landscaping, including trees, shall be added to �ie west side of Lot �.
In addition to the above mentioned conditions, the City Council directed tl�at the developer pay a
cash park dedicatio� up front, and that Staff include conditions requiring a sewer grinder be
installed prior to the issuance of a certificate of occupancy. All oi tk�e above provisions have
been included in development agreements.
Recom�nendafion
Staff recommends approval of the deveiopmeni agreements.
Requested Action
Mation to approve the development agreeme�nts between the City and Select Senior Living, and
the City and TAT Properties, as presented in the August 29, 2011, report to the City Council.
Attachments
A. Development Agreement between Select Senior Living and the City
B. Developmeni Agreement beiween TAT Properties and the City.
City of�4rden Hzlls
City Council Meettng for t4ugust 29, 2011
P:lPlanninglPlanningCases12011171-011 -SelectSeniorLivingPUD{APPRQYED)108-29-11 -SelectDevelopmeratrlgreements-Memo.dac
Page 2 oF2
�ttachment
Development �Agreement Between Select
Sen�or Living and the City
City ofArden Hills
City Council Meeting for August 29, 2011
CITY OF ARDEN HILLS
SELECT COMPANIES, LLC
PLANNED UNIT DEVELOPMENT PERMIT
DEVELOPMENT AGREEMENT
PLANNING CASE NO. � i-011
1.0 Parties. This agreement ("Agreement") is dated the 29th day of Augusi, 2011, and is
entered into by the City of Arden Hills, a Minnesoia statuiary city ("City"); and Select
Campanies, LLC; and Select Seniar Livin.g of Arden Hills, LLC ("Select"}.
2.0 Recitals.
A. 1201 County Road E, LLC and TAT Properties, LLC {jointly "1201 TAT") are
the record fee owners of the £oIlowing described property situated in Ramsey
County, MN {"Property") which wiil be platted as Lots 1 and 2, Block 1, Select
Senior Living-Arden Hills (respeciively "Lot 1" ar�d "Lot 2"}:
All that part of the South %z of the Souxheast '/a of the
�outheast "/a, Sectian 27, Township 30, Range 23, lying
between the Northerly righi of vvap limits of U.S. Highway
Na 10, and the Southerly right a� way Iimits of the
Minneapolis, St. Paul and Sault Sfe. Mar�e Railroads, and
the Westerly right of way limzts of Lexington Avenue and
Easterly of the West 250 feet of said Southeast 1/4 of the
�outheast '/4 of Section 27, Township 30, Range 23,
according to ihe plat thereaf on file or of record in the
office of County Recorder, Rarnsey County, Minnesota.
B. 120 i TAT has agreed to convey Lot 1 and the improv�ments located thereon ta
Select. Select will improve Lot 1 and operate a siate Iicensed assisted senior
housing facility far a znixiure of independent, assisted and mennory care units; and
for some retail on the first floor of the building.
C. 1201 TAT will retain the ownership of Lai 2 far future developme�t pursuant to
the terms o� a future PUD and Development Agreernent.
D. On the 25�' day of May, 2011, 1201 TAT and Select submit�ed a combined
application requesting that the City amend its Zoning Regulations; approve a
Pxeliminary and Fin.al Plat for the Property; and approve a Master and Final
Planned Unit Development for the Lot 1("Application").
3.0 C�Plannin� Commission Review. On the 8�' day of June, 2011, at a public hearing,
the Arden HilIs Planning Connmission revievcred the Applicatian; considered the
comments and materials submitted by the City's staff and consultants; considered the
comments and mat�rials submitted by 1201 TAT, Select, and their consultants; and
cansidered the cornments and/ar materials submitted by otlier individuals who attended
the public hearing. At the conclusion of the public hearing, �he Planning Commission
recommended approval of the Application subject to various conditions.
�.0 Ci Council Review. On the 27�' day of rune, 2011, the Arden Hills City Council
reviewed the recommendations of the Planning Cornrnission; the materials and comments
submitted by City staff and its consultants; tlae materials and comments submitted by
1201 TAT, �eleci, and iheir consultants. A� the conclusion of its review, the City Council
approved the revision to the City's Zoning Reg�lations; the Preliminary and Final Plat for
Select Ser�or Living-Arden Hiils; and Master ar�d Final Planned Unit Development for
the Property, all subject to the terms and conditions contained herein.
5.0 Terms and Conditions. In consideration of the undertakings herein e�pressed and in
compliance with the City's Development Regulations, Select agrees as follows:
A. Proiect Plans. Select shall construct the Project on Lot 1 in compliance with the
following plans and specifications ("Approvec� Plans"). Any significant change to
the Approved Plans, as cletermined by the City Planner, shall require Planning
Commission �eview and City Council appraval.
1. �heet A.1-Site P�an;
2. Sheet A2.1-Monument Sign;
3. Sheei A3.1-Exterior Elevatioz�s;
4. Sheet A3.2-Exterior Elevations;
Sheet C.0-Title Sheet and Notes;
6. Sheet C1-Grading, Drainage and Erasion Canirol l'lan;
7. Sheet C2-Utiliiy Plan;
8. Sheet C3-Landscaping P�an;
9. Shee# C4-Deiails;
10. Sheet CS-Stormwater Pollution Prevention Plan; and
11. Sheet SL-1-Site Light�ng Plan.
B. Required Improvements. Select shall consiruct the fallowing improvements on
Lot 1 pursuant to the Approved Plans.
Type of Imt�rovement.
a. Grading, Drainage and Erosion Control pursuani to the terms of a
permit issued by the City.
b. Insta111andscaping improvements according to the Approved Plans.
c. Constract a sidevvalk adjacent to County Road E, as approved by the
City's Director of Public Works within the sidewalk easement area.
d. Install a sewer grinder on Lat � as approved by the City's Director
of Public Works.
2. Estimated Cost_ of Tmprovements. 125% of the Estimated Costs of
constructing landscaping and sewer grinder improvements shall be
escrowed with the City as provided hereinafter, as deterniined by the
Public Works Director.
3. Security for Required Irnprovement. The financial surety far ihe above
Required Impro�vernents sha11 be in a forrn acceptable io th� City
Attorney, and sha11 be in an annount equal to 125% of ihe estimated cost
of the Required Improvemenis. In regard ta lar�dscaping, the City sha11
retair� the financial surety for at leasi two {2) years after full
implementation of th� landscaping plan.
4. Reductian of Sec�tv. Upon completion of the Developer's Required
Improvements and acceptance by the City, the City Council shall reduce
the amount of security for the completed improvements, provided that, in
no case, shall the �otal remaining security be less thari the 125% of the
estimated cost of the incomple�e improvements.
C. Development Permits. Select shall obtain a11 necessary non-City permits,
including, but not limited to, NPDES, Rice Creek Waiershed District in Ramsey
County. Copies of ali necessary permits shal.l be submitted to the City prior to
ihe issuance of development permi�s �or Lot i.
D. Certi�ica#e of Occunanc� Select shall obtain a Certificate of Qccupancy for
struc�ure on Lot 1 within one (1) year of the approval date o� this Deveiopment
Agreement, or the Master and Final PUD approval shall expire, unless extended
by the City Counci� priar to the approval's expiration date, which approval shall
not be unreasonably withhe�d. Extension requests must be submitted to the City
in writing at least forty-five (45} days priar to the expiratian date. Prior to the
City issuing a Certificate of Occupancy far ihe siructure on Lot 1, the Select
shall: '
1. Comptete the project in accordance with the approved plans as amended
by the conditions of approvaL Any significa�t changes to these plans, as
determined by the City Planner, shall require review and approval by the
Planning Commission a.r�d City Council.
2. Locate fire hydrarits within one-hundred fifiy (150) feet of the fire
department connections (FDC).
3. Obtain aIl necessary State and Caunty licensing for the operaiion of a
senior housing facility and provide copies of such licensing to the City.
No more �an 25% of the senior housing faeility on Lot 1 shall be
licensed far memory care units.
4. Comply with Chapter 1306, Special Fire Protection Systems of �he State
Building Code, which requires the installation of a f re sprinkler
protectian system tha# complies with NFPA 13, subject to the approva�
of the Fire Marshall.
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5. Comply with all provisions of Chapier 14 of the City Code regarding
property maintenance, subject to approval o�the Building Official.
6. Provide permanently affixed bicycle racks the pri�nary entrances on the
building on Lot 1, subject to approval by the Ciiy.
7. Install additianallandscaping ar�d a 3 foot decorative wrought iron fence
between the parking located in the fro�t o� the building on Lot 1 and the
sidewa.ik, subject io approval of the Ciiy Planner.
S. Tnstall a decorative wraught iron or other architectural �reatment to the
east side of the building on Lot 1, subject to the approval b� the City
Planner.
9. Add additional landscaping, including trees, to the west side of Lot 1.
E. Future Im�rovements/Assessments for the B-2 District Sireetscape. T�e City
aniicipates constructing sh'eetscape improvements on County Road E, adjacent to
Parcel 1.
Select hereby agrees to vvaive its right to appeal ar�y special assessment
levied against Lot � for streetscape improvements, associated with the
implementa.tion of the guiding plan for the B-2 District, provided that:
a. �uch special assessment does not exceed an amour�t equal to
$350 per lineal foot on Couniy Road E;
b. The Property, subject to the terms of this Agreement, specially
assess in tkae same maiuier as ather similarly situated properties;
c. Furkher provided that, in ihe ev�nt xhat �he City, as part of its
Streetscape Improvement Project, removes any sidewalk
improvements construc�ed by Select as part of this Developznent
Agreement, Select shall receive credit against its Praposed
Special Assessment far Streetscape Tmpro�ements in the
following manner:
i. If the Sireeiscape �idewalk Improvemenis are constructed
wiihin on� year of the execution date of this Agreement,
Select sha11 recei�e 100% credit for its sidewalk
irnprovement costs; and
ii. If such improvements are constructed after one year of ihe
execution date of this Agreemenfi, a depreciation rate of 5
percent per year �ha1� be used, and the City shall credit the
assessment in the amount of the depreciated cost.
2. Select shall canvey temporary constructian easements over Lot 1 to the
City for imptenr�enting the County Road E streetscape improvernents.
The City shall reasonably restore the area of the temporary const�zction
easement to its condition priar to construction of the streetscape
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__
improvements.
F. Future Parking Lot Li h��. Select shall provide lighting, as appro�ed by the
City Plan�er, for any futuare expansion af parking areas.
G. Bindin� Effect. The terms and provisions of tlus Agreement shall be bind'zng
upon and in�re to the beneiit of �he heirs, representatives, successors and assigns
of ihe parties hereto and shall be binding upon aIl fiz#ure owners of all or any
part of the Property. This Agreement, at the option o� the City, sha11 be placed
of record so as to give natice thereto to any subsequent purchaser� and
encurnbrances of all or any part of the Property and all recording fees, if any,
shall be paid by Select.
H. Default. The occurrence of any o� tl�e �ollawing shall be considered an"Event
af Default" in the terms and conditions cantained in this Agreement:
1. Failure of Select to comply with any of the terms and conditions coniained
in this Agreement.
2. Failure of Select to comply with any applicable ardinance or statuie rvi�h
respect to the development of the Property.
I. Remedies. Upon the occurrence of any Event of Defauli, the City, in addition to
any other rernedy which may be available to it, shall be permitted to do any of the
following:
1. City may make advances or take ather steps to cure tl�e defauit, and, where
necessary, enter Lot 1 far that puzpose. Select shall pay ail sums sa
advanced ar expenses incurred by the City, upon de�nand, with iniexest
from ihe dates of such advances or expenses at the rate af 10% pex annum.
No action taken by the City pursuant to this section sha.11 be deemed to
relieve Select frorr� curing any such default ta the extent fihat it is not cured
by �he City or frorn any other default hereunder. Tk�e City shall not be
obligated, by virtue af ihe existence ar exercise of this right, to perform
any such act or cure any such defauli. Select shall save, indemni�y, and
hold harmiess, including reasonable attorney %es, the City from any
liabiliiy ar ather darnages which may be inc�ured as a result of the
exercise af the City's rights pursuant to this section.
2. Obtain an Order fram a Court of corr�petent j�arisdiction requiring Select to
specifically perform its obligations pursuant to the tertns and provisions af
this Agreement.
3. Exercise any other remedies which may be available to it including an
action for damages.
4. Withhold the issuance of any or all building permi#s and/or prohibit the
occ�pancy of the bu'rlding for which permits have been issued; provided
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that the completion of minor improvements may continue after issuance o£
occupancy permits if, in the discreiion of the City Planner, such
improvements can be completed witlnin 30 days and further provided that
Developer escrow 125% of the cost of such improvements with the City
prior to the issuance a� the Occupancy Permit for the build'ang.
5. Tn addition to the remedies and amo�nts payable as set forth herein, upon
the occurrence of an Event of Default, Select shall pay to the City all fees
and expenses, including reasonab�e attorney, engineering and consulting
fees, incurred by the City as a result of the Event of Deiault, whether or
not a lawsuit or other action is foranally taken.
IN WITNESS WHEREOF, the above-narned parties have hereunto set their hands.
C�TY OF ARDEN HILLS,
a Minnesota �tatu�ory ciiy
ATTEST:
Patrick Klaers, City Administrator
STATE OF MINNESOTA }
) ss.
COUNTY OF
David Grant, Mayax
On this _ day of , 2011, before me, a notary public within an� for said
couniy, personaily appeared David Crrant and Patrick Klaers, to me known io be respectively the
Mayor and City Ac�ministrator of the City of Arden Hills, and they executed the foregoing
Agreement and aclar�owledged that the� executed. ihe same by authority of and on �behalf of City
of Arden Hills.
Notary Public
7
SELECT SEN�OR LIVING OF ARllEN HILLS, LLC
:
Printed Naane:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2011, before me, a notary public witl�in and
for said county, personally appeared , the of Select
Senior Living of Arden Hills, LLC, and has executed the foregoing Agreement and
acknowledged that the� e�ecuted the same by authority of and on behaliof the company.
Notary Public
Arden Hi11s1Agreemen�slSelect.v8.doc
�3
Attachment
Development Agreement B etween TAT
Propertie s and the C ity
City of,4rden Hills
Ciry Council Meeting for gugust 29, 2011
CITY OF ARDEN HILLS
1201 COUNTY ROAD E., LLC/TAT PROPERTIES, LLC
PLANNED UNIT DEVELOPMENT PERMIT
DEVELOPMENT AGREEMENT
PLANN�NG CASE NO. 11-011
1.0 Parties. This agreernent ("Agreement") is dated the 29t�' day of August, 2011, and is
entered into by the City of Arden Hills, a Mirmesota s�atutory cit� {"City"); and 1201
County Road E, LLC and TAT Properties, LLC (jointly "1201 TAT").
2.0 Recitals.
A. 1201 TAT is the record fee owner of the following described property situated in
Ra�nsey County, MN ("Property") which will be platted as Lots 1 and 2, Block 1,
Davidson Addition (respecti�ely "Lot 1" and "Lot 2"}:
All that part of �lie Sauth %z af fhe Sautheast 1/4 of the
�outheast `/4, Section 27, Township 30, Range 23, lying
between the Northerly right oi way Iimits of U.S. Highway
No. 10, and the Southerly right of way limits of the
Minneapolis, St. Paul and Sault Ste. Marie Railroads, and
the Westerly right of way limits of Lexingion Avenue and
Easterly of the West 250 feet of said Southeast 1/4 of the
Sautheast f/4 of Section 27, Township 30, Range 23,
according to the plat thereof an file or of record in the
office of County Recorder, Ramsey� County, Minnesota.
B. 1201 TAT has agreed to convey Lot 1 and the improvements located thereon to
Seleci Companies, LLC ("Select"). Select will improve Lot 1 and operate a stat�
Iicenseci assisted senior housing facility for a rnixture of independent, assisted and
memory care units; and ancillary retail on the first floor of the building.
C. 1201 TAT will retain the ownership of Lot 2�or fuiure development pursuan# to
ihe terms of a future PUD and Development Agreement.
D. On the 25�` day of May, 2011, 120I TAT and Select submitted a combined
application requesiing that the City amend its Zoning Regulations; approve a
Preliminary and Fina1 Plat for the Property; and approve a Master and Final
Pfanned Unit Development for the Lot 1("Application"j.
3.0 CiLy Plannin� Cona.�nission Review. On tlle 8th day of 3une, 2011, at a public
hearing, the A�rden Hills Plaiuling Co�nmission reviewed the Application; considered the
comments az�.d materials submitted by the City's staff and consultants; considered the
cor�ents and materials submitted by 1201 TAT, Select, and their consuliants; and
considered ihe comments and/or materials submitied by other individua.�s wha attended
the public hearing. Ai the conclusion of the public hearing, the Planning Cornanission
recomu�nended approval of ihe Applicaiion subject to various conditions.
4.0 Citv Council Review. On ihe 27�' day of June, 2011, the Arden Hills Cify Council
reviewed the recommendations of the �lanning Cornmission; the mate�ials and cornrnents
submitted b� City staff and the its consultants; and the materials and comments submitted
by 1201 TAT, Select, and their consultants. At the conclusion of its revier�v, the City
Co�ncil approved the revision to the City's Zoning Regulations; the Preliminary and
Final Plat for Select Senior Living-Arden Hi�ls; and Master and Final Planned Unit
Development for the Property, a11 subject to the terms and conditions coniained herein.
5.0 Terms and Conditions. In consideratipn of the undertakings herein expressed and in
compliar�ce witTi the City's Development Regulations, I20I TAT agrees as follows:
A. Execution of Final Plat. Priar to the City executing the Final Plat for Davidson
Addition, 1201 TAT shall:
1. Convey a ien-foot wide pedestrian walkway easernent to ihe City along
the property lines of Lot 1 and Lot 2 adjacent ta County Road E., within
which the six-foot wide sidewalk shall be constructed.
2. Pay park dedicatiox� fees in an amount of $133,350.Op. The park
dedication fee shall be paid in full, or in the alternative, the 1201 TAT
shall enter into ara agreement to pay the park dedication fee pursuant io a
payment plan in accordance with Section 1130A8, �ubd. E of the Arden
Hills City Code.
B. Recording of Plat. 1201 TAT sha11 fiIe ihe Final Plat of Davidson Ad.dition with
Ramsey County within one (1) year of the date of the City's approval of the Finai
Plat, or prior io the issuance of development permits for Lot 1, whichever e�rent
occurs firsi, or the City's approval shall expire unless extended by approval fro�n
the City Council. An extension request must be submitted in writing ta the City at
least farty-five {�5} days prior to tl�e expiration date.
C. Rec�uared Improvemenis. The applicant shall obtain alI necessary permits, including,
but not limited to, NPDES, Rice Creek Watershed District, Ramsey County, and City
Erosion Control Permits. Copies of all necessary permits shall be submit�ed to the
City prior to the issuance of any development permits. In addition, 120� TAT shall
construct the %Ilowing improvements:
Type af Improvement.
a. Removal of Bituminous. Within six (6} months of the date of the
execution of this Agreement, remove all bituminous parking surface
on Lot 2, which is nat required by the fire department for access to
the rear of �lie building on Lot 1.
b. Seed or Soc�. Withiz� six {6) months of the execution of this
Agreement, seed and sod all exposed soil which is nat considered an
i�proved hard suxiaces or perennial planting area with a grass
mi�hu'e approved by the City Planner.
c. Sidewalk. Within si� (6) znonths of the execution of this
Agreement, construct a sidewalk on Lot 2 adjacent to County
Roaci E within the sidewalk easemer�t area; and within ane (1)
2
year of the City's appraval of the Development Agreement,
construct a sidewalk on Lot 2 adjacent to Lexington Avenue
within the sidewalk or pub�ic right-of way easement area.
2. Estunated Cost of Improvement. 125% of the Estimated Costs of the
removal of tt�e bituminous, seeding ar sodding, and canstruction of the
sidewalk sha11 be escrowed wiih ihe City as pro�vided hereinafter, as
dei�rmiried by the Public Works Directar.
3. Securitv. The financial surety for the above Required Improvements sha11
be in a forn� acceptable to ihe City Attorney, and shail be in an amouni
equal to 125% of the es�imaied cost of the Required Improvements.
4. Reduction of Securit . Upon completion of 1201 TAT's Rec�uired
Improvements ar�d acceptance by ihe City, the City Cauncil shall reduce ihe
arnount of sec�arity for t�e cornpleted iznprovements, provided that, in no
case, shail the total remaining security be less than the 125% of the
estixnated cost of t1�e incomplete improvements.
D. Develo ment of Lot 2. Prior ta the issuance of building pernlits for Lot 2, 1201
TAT shall:
Provide the City with a recorded copy af Restricted Covenants wluch
guarantee access from Lot 2 to Lo# 1 and wluch describes the maintenance
obligaiions of the party in regard to the drivang access area.
2. Trafif c Management shall be implemented ai the eastern most driveway,
as illustrated in the June 27, 2011, report to the City Council, subjeci to
the approval of the Public Works Direcior, to eff�ctively pxovide efficient
and safe ingres� a�d egress to Loi 2. Traffic zxianagement devices may be
installed at the time of Lot 2 developr�ent, subject io ihe approval of the
Pubtic Works Direcior.
3. Upon future development of Lot 2, or wiihin t�n years from the date of
the approval of this Development Agreement, whichever occurs first, the
City may incorparate a civic feature inio the southeast corner of Lot 2.
E. Future ImprovementslAssessments for the ,B-2 District Streetsca�e. The City
anticipates constr�zcting streetscape improvements on County Road E, adjacent ta
Lot 2.
1. 1241 TAT hereby agrees to waive its r�ght to appeal any special
assessment levied against Lot 1 for streetscape improvements, associated
wiih the imple�entation of the guiding plan for the B-2 District,
provided that:
a. Such special assessment does not exceed an amouni equal to
$350 per lineal foot an County Road E;
b. The Properry, subject to the terms of this Agreement, specially
assess in the same nnanner as other simila,rly situaied properties;
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c. Furtl�er provided #hat, in �he event that the Ciry, as part of its
Streetscape Impro�em�nt Project, removes any sidewalk
improvements constructed by 1201 TAT as part a� this
Development Agr�ement, 1201 TAT shall receive credit against
its Proposed Special Assessment for Sireetscape Irnproveznents in
the following manner:
i. If the Streetscape Sidewalk Improvements are constructed
within one year of the execution date of �iis Agreemeni,
1201 TAT sha11 receive 100% credit for its sidewalk
improvement cos�s; and
ii. If such improvemen� are constructed after one year of ihe
execution date of this Agreement, a depreciation rate of 5
percent per year shall be used, and the Ciiy shail credit ihe
assessment in the amount of the depreciated cost.
Z. 1201 TAT shall convey temporary construciion easements over Lot 2 to
the City for implementing the Coun.ty Road E streetscape irnprovements.
The City shall reasonably restore the area of the temporary construciion
easement to its condition prior to construction of tlae streetscape
improvements.
F. Binding Effect. The terms and provisions of this Agreernent sha�l be binding
upon and inure to the benefit of the heirs, representatives, successors and assigns
of the parties h.ereto and shall be binding upon all future owners af all or any
part of the Property. This Agreement, at the option of the City, shall be placed
of record so as to give notice thereto to any subsequent purchasers and
enc�unbrances of all or any part of the Property and aIl recording fees, if any,
shall be paid by the 1201 TAT.
G. Default. The occurrence af any of the following shall be consider�d an "Event
of Default" in the terrns and conditians contained in this Agreement:
1. Failure of 1201 TAT to comply with any of the ternns and conditions
contained in this Agreement.
2. The failure of 1201 TAT to comply with any applicable ordinance or
sta.tute with respect to the developmeni of the Property.
H. Remedies. Upon the occurrence of any Event af Defauli, the City, i� additian ta
any other remedy which may be available to it, shall be permitted to do any of the
following:
1. Ciiy ma� make advances or take oiher steps to cure the default, and, where
necessary, enter the Property for that purpose. 1201 TAT shall pay alI
sums so advanced or expenses incurred by the City, upon demand, with
interes# from the dates of such advat�ces or expenses at the raie of 10% per
annum. No aciion taken by the City pursuant to this section shall be
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deemed to relieve 1201 TAT frozn cu�ring azly such default to the extent
that it is not cured by the City or from any other default hereunder. The
City shall not be abligated, by virt�ae of the existence or exercise of this
right, to perform any such act or cure any such defaulf. The 1241 TAT
shall save, indemnify, and hold haYmless, including reasonable attoz-ney
fees, the City fram any liahilxty ar other damages which may be incurred
as a result of the exercise of ihe City's rights pursuant ta this section.
2. Obtain an Order frozn a Caurt of competent jurisdiciion requiring the 1201
TAT to specificaily perform its obligations pursuant to the terms and
provisions o£ this Agreement.
3. Exercise any other remedies which may be available to it including an
action �ox damages.
4. Withhold the issuance of any or all building permits andlor prohibit the
acc�pancy of all building(s) for which permits have been issued.
5. In addition to the remedies ar�d amounts payable as set forth herein, u�on
ihe occurrence of an Event of Default, the 1201 TAT shall pay to the City
all fees and expenses, including reasonable attorney, enginee�ng and
cansulting fees, incurred by the City as a result of the Event a� Default,
whether or not a lawsuit or other action is formally taken.
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IN WITNESS WHEREOF, ihe above-named parties have hereunio set their hands.
ATTEST:
Patrick Klaers, Ciiy Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF )
CITY QF ARDEN HILLS,
a Minnesota statutary city
David Garant, Mayor
On this day of , 2011, befor� me, a notary public within and for said
county, personally appeared David Grant and Patrick Klaers, to me kx�own to be respectively tlie
Mayor arid City Administratar of the City of Arden Hills, and they executed the foregoing
Agreement and acknowledged that they execut�d the sarne by autharity of and on behalf of City
of Arden Hills.
Notary Public
�
1201 COUNTY R4AD E, LLC &
TAT PROPERTIES, LLC
:
Printed Name:
TitIe:
�TATE Ok' MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2011, before me, a notary public wiihin and
for said county, personally appeared _ , the of 1201
Coun�ty Road E, LLC and TAT Properties, LLC, and has executed the foregoing Agreement and
acknowledged that they executed the same by authority of and on be�ialf of the company.
Notary Public
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