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Home My WebLink About7.a. Discussion of Fluegel Block Improvement Project � CITY OF ROSLdiOIINT EXECIITIVE SUb�lARY FOR ACTION PORT AUTHORITY MEETING DATE: OCTOBER 18, 1994 AGENDA ITEbI: DISCUSSION OF FLUEGEL BLOCK AGENDA SECTION: IMPROVEMENT PROJECT NEW BUSINESS PREPARED BY: JOHN MILLER, AGENDA NO. ECONOMIC DEVELOPMENT COORDINATOR 7. A. ATTAC�lENTS: SITE RENOVATION PLAN, COST APPROVED BY: ESTIMATES PROPOSAL TO PORT AUTHORITY DATED 9-14-94, DRAFT AGREEMENT DATED 9-21-94, MEMO Please see attached memo. RECObmlENDED ACTION: None. Discussion item. PORT AUTHORITY ACTION: MEMO TO: Cha.ir Carroll Commissioners Anderson, Busho, Edwards, McMenomy, Miller, Wippermann FROM: John Miller, Economic Development Coordinator DA'TE: October 13, 1994 RE: Fluegel Block Improvement Project Sometime ago Arlyn Cope purchased the old Fisher building located on the south side of the downtown area and on Trunk Highway 3. As the attached "site renovation plan" shows it is located between the new Quik Trip location and the Novak-Schwanz building. Mr. Cope had to resolve several issues in relocating his Repairs Inc. business to the new property. Over the last several months he has initiated a rezoning, addressed parking issues, abandoned the U-Haul rental business, and painted the building's exterior. The city also approved a site plan for the redevelopment of the Strese Oil site. In doing this work there was a considerable amount of activity in re-esta.blishing lot lines, drainage, and parking. As a result several land owners began working together to address not only these issues but also the question of aesthetics. The attached documents are a product of those activities. What the plans show and what has been discussed are as follows: • Fluegel, Novak, and Cope will renovate their building facades and remove and replace present business signs. • Drainage issues will be addressed in a manner acceptable to the city engineer. • Space for a new business will be made available in the building shown as "Fluegel Commercial Rental Property." • The areas away from the highway will be paved at the owner's expense once storm drainage issues have been resolved by the city, i.e. there's a new, bigger storm sewer. • Landscaping will be similar to that approved for the Quik Trip property. To leverage this work the landowners are asking far $30,500 in assistance from excess taY increment funds to pay for curb, landscaping, and sidewalks adjacent to Trunk Highway 3. �,� Th'qCks F �\ '", , �U . � ST fC,E �;Y, � B� ORA � ��,, �,�,�,x uet D,G G f � ��, ,x 4 �'` \ �+' ''�� f ��, 4W'� ` I 1 I.� � � �� i i , �. � �� I ' ` �� ,y iY � tiy i I '`� Iy � �I-i ♦�y,� *�Y �xx j. �x �. ,,� F( '� �� I W sT�FCE � "'�Yx x•� i a 8�D GqGf �; � �'`.-, '"'.x,�y�X „x,,�Yy�� _ w i;q �' "� '''„*y_ �„''� � , . � � 3 ------ � � � i � i � � ( � ( � � ` x''*.� ' � -- — ; � U u PARKING �{ I �� I I I � I I I I � i I � \�� '�,, � Q - --- ' � E%ISTING VOOD m� � A � -------- DOCK TO RENAiN t / . � . J 3' VIDE CURBED i � � g —__ _ P�ANTING AREA � i � � NEV S' CONC -+�f -�I i � I ! ! I . � I � I , ? SIDEVALK ��_�-. . i i i � I i I � i � .. - , J _"..._ ----- --- � � _ , -- �___ � r W __'_"_ --- � V — s i�'� -- FLUEGE� NOVAK, ---- ' > ~W �– -�` — se�snNn� COMMERCIAL SCHWANZ __ -' // C�PE BUILDING � �Z I o. FLUEGEL _. ARE�^Y RENTAL - -- ` Y>� I ` RETAIL PR❑PERTY ___ B L D'G > �Z o : BLD'G � Y o N — , , '� ,� � o. � ��` �FENCE V[TH GATE � � � - ---�-- � � I (� EX1ST'G PLANTER EN�VITH GAT ONE VAY DRIVEWAY � �- � ` \ / �O•_ � t,�i O FIAGPOIE � � � - \� �•.� . 0000 ' �� ' EXIST'G � � E%IST'G ' � � � ' A �iiiiii -PYL�N • � --- - -- - -- � 6N � SOD S CONCRETE NEV 30' CURBED DRNEVAY S�DDED NEV 24' CURHED DRNEVAY SO➢DE➢ NEV 24' CURHED DRIVEWAY NEV PYION�SIGN NEV 22' CURBED DRIVE4AY SIDEVAI.K AP?ROACH PER THE REO. BERM APPROACH PER THE REQ. BERM APPROACH PER TFIE REG. APPROACH PER THE REQ. . . � OF TF�.CITY 5' CONCRETE OF TFE CITY 0� THE CITY OF THE CfiY S[DEVALK . � � . . . . -'..-- --..._ . ------ ---- --- � .------- - NEV 8' LONL RENOVE TNE EXtSTING � � � � � � � SIDE4AlK PLANTER AND A PORTION . � OF THE EXiSTING ENTRY S`"B MINNES�TA STATE HIGHWAY N0,3 SITE RENOVATION PLAN SCALE 1' = 40'-0' � Phone: (612)432-7132 Fax: (612)432-7530 ��S�Tq'�' Proposal of �� q� � :` MINNESOTA STATE CURB-GUTTER DIVISION, AVR, INC. � i� , 6801 West 150th Street � Appie Valley, Minnesota 55124 . Q �� VT�� Page: 1 of 1 PROPOSAL SUBMITfED TO Pp�P�s� IQ3810 �A� 09/14/94 STREET J081�'P�SEKOUNT SAUARE � . CITY.STATE AND ZIP CODE JOB IOCATION J� l ARCHITECT DATE OF PLANS `, JOB�HONE � v WE HEREBY SUBMIT SPECIFICATIONS ANO ESTIMATES FOR: APPROXIAnTELY: 800 LF OF B6i2 CURB AHD GUTTER R HES �� 1000 SF OF 8 CONCRETE APPROAC � 230 SY OF 3" MAT � 1600 SF SWEEP TACK AND 2" OVERLAY 900 LF OF SAW CUT ASPHALT � 1 EA PATCHING OF ASPHALT FOR NEW CURBS 23, 500. 00 SOD/L.AHDSCAPIKG AND RESTORATIOH 7, 500. 00 31, 000. 00 ALTERNATE BID: 990 SY OF PATCH RLAY 4700 SY OF GRADE" , INSTA L BASE AS HEEDED W/3" MAT � 30, 500. 00 ��V� v �� ,�� , � � . We Propose hereby to fumish material and labor-complete in accordance with above specifications for sum of: Payment To Be Made Upon Completion dollars(S 1 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MINNESOTA STATE CURB-GUTfER assumes no responsibility for problems caused by fauity sub-base. Any alteration or deviation fram above specification invoiving exVa costs wiil be executed onty upon wirtten orders,and wiil become an exVa charge over and above the estimate. AII agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tomado and other necessary insurance. Our workers are fully covered by Workmen's Compensation. AUTHORIZED SIGNATUAE X Acceptance of Proposal-The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as speafied. Payment wili be made as outlined above. We further agree to give MINNESOTA STATE CURB-�UTTER at least seven(7)days notice prior to commenang work. SIGNATUiiE OATE OF ACCEPTANCE X ,�, � � September 14, 1994 . Page 2 I recommend,based on the above,that the Port Authority grant the request for$31,000 to complete the improvements as shown on the print Thank you fo ur consi on Yours v y, � �uge E.Pedersen � Repairs, Inc. Novak and Schwanz � Fluegel Grain � � DEVELOPMEI�TT AGREIIVIII�iT THIS AGREEMENT, dated this day of , 1994 by and between the Rosemount Port Authority (the "Authority"), a public body corporate and politic, and Repairs, Inc. ("Repairs"), (" "), and Fluegel Grain ("Fluegel") (collectively, the "Developer" or "Developers"): RECITALS WHER.EAS, the Developers own certain property (the "Property") within the City of Rosemount (the "City"), a description of which is attached as Exhibit A; and WHEREAS, the Authority desires to cause the Property to be developed in a manner consistent with the City's downtown business community; and WHEREAS, the Developers have submitted a proposal and specifications for construction of certain site improvements adjacent to County Trunk Highway 3 (the "Frontage Site Improvements") to be constructed on the Property, a description of which is attached as Exhibit B; and WHEREAS, the Developers have also submitted a proposal to undertake certa.in improvements to buildings on the Property and construct certain related parking improvements (collectively, the "Other Site Improvements"), a description of which is attached as Exhibit C; and WHEREA5, the Property is within the Rosemount Redevelopment Project (the "Project") and the Rosemount Redevelopment Project Tax Increment Financing District (the "TIF District"), which TIF District was created by the City in May, 1979 and is now administered by the Authority; and WHEREAS, the Authority is authorized to undertake certain activities to facilitate development of redevelopment of property within the Project; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. Construction of Fronta#;e Site Improvements. (a) Before commencement of construction of the Frontage Site Improvements, the Developers shall submit to the Authority detailed site and construction plans for both the Frontage Site Improvements and the Other Site Improvements (collectively referred to as the "Construction Plans"). The Authority will approve the Construction Plans if sueh plans (i) conform to the terms and conditions of this Agreement, and (ii) are reviewed and approved by the Rosemount Planning Commission. The Construction Plans will be deemed approved unless rejected in whole or in part by the Authority within _ days after the date of their receipt by the Authority. Any such rejection shall be made in writing and shall set forth in detail the reasons therefor. If the Authority rejects any Construction Plans in whole or in part, the Developers shall submit new or correeted Construction Plans within 30 days after written notification to the Developers of the rejection. If the Developers make any material change in the Construction Plans after their approval by the Authority, the Developers shall submit the proposed ehange to the Authority for approval in aecordance with the terms required for initial plans. s��63a� xszso-i 1 ` Requests for payment hereunder shall be filed no more often than monthly and the aggregate of amounts requested shall not exceed $31,000. The Authority shall have no obligation to the Developers or to any third party with respect to any defects in the construction of improvements financed or reimbursed by the Authority as Frontage Site Improvements. 4. Construction Letter of Credit. Before the first payment under Section 3 hereof, and as security for the Developer's obligation to construct the Other Site Improvements in accordance with this Agreement, the Developers shall deliver to the Authority one of the following: (a) an irrevocable bank letter of credit (the "Letter of Credit") in a form satisfactory to the Authority. The Letter of Credit shall be in the amount of$31,000 and shall endure for at least one year and shall be renewed or replaced if necessary in order to remain in effect until (i) the paving areas referenced in items 1, 2 and 3 in Exhibit C have been graded and aggregate is in place and readied for application of bituminous surfacing; and (ii) the facade improvements referenced in Item 4 of Exhibit C are completed. Upon satisfaction of the aforementioned conditions as reasonably determined by the City's Building Official, the Authority shall return the Letter of Credit to the Developers. At least 30 days before the Letter of Credit will expire, the Developer must provide written notice evidencing the issuers commitment to renew the Letter of Credit or issue a new one. If the Developer fails to provide such timely notice, the Authority may draw the full amount of the Letter of Credit. The provisions of tYxis section shall not be construed to prejudice or limit any additional right of the Authority under Section 6 of this Agreement; or (b) a Letter of Credit in the amount of $15,500, subject to the same terms and conditions as described in paragraph (a), together with copies of executed contracts between the Developers (or any individual Developer) and contractors, which contracts indicate to the satisfaction of the Authority a commitment to construet all the Other Site Improvements. 5. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. 6. Remedies on Default. Whenever any Event of Default referred to in Section 5 of this Agreement occurs, the non-defaulting party may exercise its rights under this Section 6 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured witYun said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Cancel and rescind or terminate the Agreement. SJB76347 xszao-i 3 ' IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its na.me and behalf and the Developers have caused this Agreement to be duly executed as of the day and year first above written. ROSEMOUNT PORT AUTHORITY By; President By: Executive Director DEVELOPER.S: REPAIRS, INC. By: • Its By: Its By: Its THIS INSTRUMENT WAS DRAFTED BY: Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 3JH76347 RS230-1 5 ' EXHIBIT B DESCRIPTION OF FRONTAGE SITE IMP80V�TTS ars�eaa� . asaao-i 7