Loading...
2006-09-05 CC Agenda PacketA�Ibcrtvillc S"Ma Tbum .We. ALBERTVILLE CITY COUNCIL AGENDA SEPTEMBER 5, 2006 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. MINUTES A. August 9, 2006 City Council Budget minutes (pgs. 3-4) B. August 21, 2006 City Council minutes (pgs. 5-11) 4. CITIZEN FORUM — (10 Minute Limit) a 5. CONSENT AGENDA A. Approve payment of claims check numbers 023237 to 023273 (pgs. 13-16) B. Approve S.E.H. Engineer's recommendation for Application for Payment No. 5 (Final) for CSAH 37 Trail Construction to Omann Brothers, Inc. in the amount of $19,086.79 (pgs. 17-19) C. Set Monday, December 4, 2006 at 6:00 p.m. as the 2007 Truth -In -Taxation Hearing and, if necessary, reconvene on Monday, December 18, 2006 at 6:00 p.m. D. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No. 4 and Final for Hunter's Pass Lift Station to CCS Contracting in the amount of $15,688 (pgs. 21-23) E. Approve Bolton & Menk, Inc. Engineer's recommendation to release the Letter of Credit for Kollville 2nd Addition in the amount of $12,500 (pg. 25) F. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 41h Addition from $200,000 to $52,000 (pg. 27) G. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Prairie Run from $101,876 to $52,500 (pg. 29) 6. ACTION ON PULLED CONSENT ITEMS 7. DEPARTMENT BUSINESS A. Public Works Department 1). Request for Council Action to Repair the Central Park Shelter and Gazebo (pg. 31) 2). Monthly Report (pg. 33) B. Finance Department • 1). Accounts Receivable Status Update (pgs. 35-37) 2). Project Status Update (pg. 39) 3). Council's Request to Research Prairie Run Sod Requirements (pg. 41) 4). Council's Request to Research the Central Park Shelter Rental Procedure (pg. 43 ) 5). Proposed 2007 Fee Schedule (discussion item) C. Planning and Zoning 1). JLC Properties of Rochester, LLLP for Site and Building Plan Review for a Perkins Restaurant at Shoppes at Towne Lakes Two (pgs. 45-49, plus attachments) D. Engineering 1). 2006 Seal Coat Improvements (pg. 51) 2). School Zone Speed Limit Request (pgs. 53-54) 3). CSAH 19 Speed Request (pgs. 55-56) 4). Stop Sign Request at West Laketowne Drive NE (pg. 57) E. Legal 1). Amended Albertville Medical Clinic Developer's Agreements a. Agreement Number One (pgs. 59-78) • b. Agreement Number Two (pgs. 79-100) F. Administration 1). Residential Tree Houses (discussion item) 2). Set the next City Council Workshop date for general goal setting — suggested dates are Wednesday, September 20 or Wednesday, September 27 at 6:30 p.m. 3). Dedication Plaque for new City Hall (pg. 101) 4). Request for Council Action to Accept the Audio Visual Equipment Base Bid plus Alternate No. 2 for one conference room (pg. 103, plus attachments) 8. ADJOURNMENT 2 A�Ibcrtvillc .ft aty, Ufa. ALBERTVILLE CITY COUNCIL August 9, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members LeRoy Berning, John Vetsch, Tom Fay, and Ron Klecker, City Administrator Larry Kruse, and Finance Director Tina Lannes. Also present: Street & Park Superintendent Tim Guimont, Fire Chief Steve Long and Assistant Fire Chief Tate Mills ABSENT: None Mayor Peterson called the Albertville City Council Budget Workshop to order at 6:30 p.m. The purpose of the workshop is to complete the preliminary 2007 budget. . Fire Department: Staff was earlier directed to lower the budget from the previous 27% increase by maintaining the fire officer salaries at the current level; removing the full time ($50,000) Fire Inspector/Fire Marshal and/or Chief and seek to have a more modest increase. The Council requested staff to increase the fire relief contribution from $50 to $100. Staff reported the budget presented does show an increase of 3.5% in fire officer salaries; increases the fire relief contribution from $1,500 to $1,600; includes a $15,000 amount for a pilot fire inspection program. Chief Long and Assistant Chief Mills stated they were not in a position to negotiate the fire relief contribution as there is a separate board that oversees the program. They both stated the fire department is becoming more a job and the compensation is below minimum wage when you factor all the time they put into it. Volunteers don't do it for the money, yet they want to be treated reasonable. Kruse stated there was not time to develop the fire inspection program in just a few days and suggested funding an amount of money ($15,000) that can be used to implement a program test program in 2007. That program might be getting the Building Official certified, perhaps one or more of the fire men; contracting with a private consultant such as Futrell, or a shared position with another community. Staff will work with the fire department to determine the needs and the program implementation. In a year from now, the City can evaluate the future of an inspection program. The $15,000 may or may not be enough, but it is an amount the Council, residents and the City's we contract with can accept. The recommended changes by council to the 2007 preliminary budget were to reduce the following: 40 Council Travel Expenses from $1,600 to $1,000 Council legal notices from $9,000 to $5,000 City Administrator Training and instruction from $2,700 to $2,000 Finance Director Training and instruction from $2,700 to $2,000 Finance Director Education from $1,000 to $0 Public Works Education from $2,000 to $1,000 Public Works Unpaved Roads from $3,000 to $2,000 Public Works Tools from $5,000 to $2,500 Council direction to Staff: Take the $12,500 from the above reductions and add it to Transportation budget Get quotes for City of Albertville insurance policies for general liability, property and workers compensation. Bring forward a general list of expenses that the City is spending on general engineering. Provide information on the Senior Center and the Library . Public Works Supervisor to sweep as much as possible with the allotted budget of $6,000 ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at 9:50 p.m. Motion carried unanimously. • 0 Albertville T . ft ON Ufa. ALBERTVILLE CITY COUNCIL August 21, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, Finance Director Tina Lannes, Wastewater Treatment Plant Superintendent John Middendorf, and City Clerk Bridget Miller ABSENT: City Administrator Larry Kruse Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the agenda as amended and on file in the office of the City Clerk. Motion carried unanimously. Adding the following: 7. C. 5. Prairie Run Addition 7. F. 2. Park Shelter Rental Policy 7. F. 3. Park Hours of Operation 7. F. 4. Police Enforcement MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the August 7, 2006 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Douglas Birk of St. Michael stated that he was one of six (6) candidates running for STMA School Board. There were three (3) seats open which serve a four-year term. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda pulling item B. Motion carried unanimously. A. Approve payment of claims check numbers 023177 to 023320 • B. Approve Bolton & Menk's recommendation to reduce the letter of Credit for Towne Lakes 5th Addition from $165,000 to $113,307 C. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Hunter's Pass Estates Addition from $427,320 to $223,788 D. Approve Resolution No. 2006-xx entitled a Resolution Establishing the Annual Retirement Benefit for the Albertville Volunteer Fire Department Effective January 1, 2007 E. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2007 Preliminary Budget F. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2006 Tax Levy Collectible in 2007 ACTION ON PULLED CONSENT ITEMS Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 51h Addition from $165,000 to $113,307 Council asked staff if this was the Final Release of the Letter of Credit for the Towne Lakes 51h Addition. Staff informed the Council that this was not the Final Release of the Letter of Credit. MOTION BY Council member Berning, seconded by Council member Klecker to approve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 5th Addition from $165,000 to $113,307. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT Monthly Report Finance Director Lannes asked the Council if they had any comments or concerns relating to the July 2006 Permit Activity Report from the Building Official. There were no comments pertaining to the Permit Activity Report. PUBLIC WORKS DEPARTMENT Wastewater Treatment Plant Department Wastewater Treatment Plant Superintendent Middendorf reported that it was the goal to haul approximately 300,000 gallons of sludge. Staff is recommending accepting the quote from Ag Enterprises to haul the sludge at a cost not to exceed $16,000 as staff is unsure as to what the price of fuel will be in the fall of 2006. MOTION BY Council member Vetsch, seconded by Mayor Peterson to accept the bid from Ag • Enterprises to haul the sludge at a cost not to exceed $16,000. Motion carried unanimously. G Wastewater Treatment Plant Expansion Change Order No. 2 John Stodola, from S.E.H. informed the Council that additional information pertaining to the geotextile wrap for the 6" reed bed drain pipe and the modification piping of the sludge pump station were included in the packet. The 6" drain pipe has holes in the bottom, which allows the liquid from the sludge that is applied to the reed bed and drains through the rock and sand to be carried back to the treatment processes. It was discussed on site that an improvement would be to wrap the pipe in a geotextile fabric and thereby prevent any of the bed material (sand and rock) from migrating into the pipe. S.E.H. Engineer reported that the valves from the existing return activated sludge pumps were being reused and were 6", not 4" as shown on the plans, for this expansion. This resulted in the contractor having to exchange some 4" pipe fittings and elbows that were purchased for 6" pipe fittings and elbows. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve Wastewater Treatment Plant Change Order No. 2 pertaining to "Add for geotextile wrap for the 6" reed bed drain pipe at a cost of $1,530" and "Add for modifying piping the sludge pumping station at a cost of $851". Motion carried unanimously. PLANNING AND ZONING Approve revised Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat and Final Plat for Schultz & Schupp. LLC at 5836 Large Avenue NE, which replaces Resolution No. 2006-31 entitled a Resolution Approving a Preliminary Plat for Schultz & Schupp. LLC at 5836 Large Avenue NE City Planner Brixius reported that the Planning and Zoning Commission heard public testimony at the June 2006 meeting and recommended that the City Council approve the site and building plan review and conditional use permit application with the conditions, which are outlined in the June 8, 2006 Planning Report and the June 7, 2006 Assistant City Engineer's memorandum. Brixius went on to explain that staff has been working with the applicant regarding the location of the entrance to the site. Public street right-of-way shall be dedicated over the north western corner of the site to accommodate the extension of Large Avenue NE. The right-of-way and entrance within will allow access to adjacent parcels without the need for cross -easements. The northwest access shall be constructed per the Assistant City Engineer's July 17, 2006 concept, provided that an access easement is obtained from the property to the west with all cost being covered by the developer and no cost to be covered by the City. In the event access is not obtained a temporary curb cut shall be placed directly north of the service drive. This access will be eliminated when Large Avenue NE is improved to the west or . redevelopment occurs on the property to the west. 7 MOTION BY Mayor Peterson, seconded by Council member Berning to approve Resolution • No. 2006-xx entitled a Resolution Approving a Preliminary Plat and Final Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE, which replaces Resolution No. 2006-31 entitled a Resolution Approving a Preliminary Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE. Motion carried unanimously. Approve revised Resolution No. 2006-xx entitled a Resolution Approving a Contract for Private Redevelopment for Schultz & Schupp, LLC Dave Maroney, from Kennedy and Graven, explained that the Re -development Plan for the Tax Increment Financing (TIF) District No. 12 — Eull Concrete (Winkleman Building) is hereby in all respects approval, subject to modifications that do not alter the substance of the transaction and that are approved by the Council provided that execution of the Contract by such officials shall be conclusive evidence of their approval. Council informed Mr. Maroney that it was expressed at the August 7, 2006 meeting to amend the contract to state that 25% of the occupants being Medical Supplies or similar. Mr. Maroney reviewed the Contract with the Council should the owner fails to keep 25% of the occupants medical tenants. The year in which less than 25% of the tenants are not medical occupants it is the City's option to hold the TIF payments until the owner meets the 25% medical tenant portion of the Contract. MOTION BY Council member Berning, seconded by Mayor Peterson to approve Resolution No. 2006-xx entitled a Resolution Approving a Contract for Private Redevelopment for Schultz & Schupp, LLC. Motion carried unanimously. Schultz & Schupp, LLC (Winkleman-Eull Concrete) Developer's Agreement City Attorney Couri stated that this is a basic Developer's Agreement similar to those that have been previously approved. The difference is that this property is for Re -development of an existing site. Couri brought to the Council's attention the section that pertains to the Dedications to the City. Couri noted that the Developer's Agreement will be amended to include the Administration Fee section, which appears to be missing. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Schultz & Schupp, LLC (Winkleman-Eull Concrete) Developer's Agreement. Motion carried unanimously. Prairie Run Addition Council inquired about issuing Certificates of Occupancy without sod being laid. Assistant City Engineer reported that the Certificates of Occupancy that are issued are Temporary Certificates of Occupancy. The city requires an escrow for sod and trees, which the PW Supervisor Guimont does a site inspection and then approves or denies the release of the • escrow. • CityAttorney Couri stated that the original sod escrow was to obtain a temporary Certificate of Yp Y Occupancy when the residential dwelling was completed after October of the current year and before May of the consecutive year. Since then the ordinance was amended to allow additional time as homeowners were having a hard time meeting the requirements. LEGAL Albertville Plaza Second Addition Developer's Agreement City Attorney Couri informed the Council that the Developer's Agreement for Albertville Plaza Second Addition is a standard agreement between the City and the Developer. Couri stated that according to the agreement the developer shall not be permitted to store truck trailers or other type of trailers overnight on Said Plat except during installation of underground utilities, streets or construction of buildings. No truck trailers or other type of trailers shall be stored overnight on any lot after a certificate of occupancy has been issued for such lot. Also, reported that in the event an automobile maintenance operation is established on any lot in Said Plat, such operation shall keep its south -facing garage doors closed at all times (except for purposes of moving vehicles and supplies into and out of the building) so long as the property immediately to the south of Said Plat is used for residential purposes. Last item brought up was, in the event an automobile maintenance operation is established on any lot in Said Plat, such operation shall not permit the storage of damaged or inoperable vehicles outdoors on such lot. Council amended the Use of Property removing hotel/motel, restaurant, and auto service on the back lot only. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Albertville Plaza Second Addition Developer's Agreement as amended removing the terminology of hotel/motel, restaurant, and auto service on the back lot only. Motion carried unanimously. Albertville Medical Clinic Developer's Agreement City Attorney Couri reviewed the Albertville Medical Clinic Developer's Agreement stating that they are similar to the agreements that were presented to the City Council. There were three buildings previously proposed in the agreement. Since then one of the tenants decided to pull out of the location; therefore the developer revised the plans to include two buildings for the site. Couri brought to the Council's attention that an Access Easement has been included as an Exhibit to the Developer's Agreement. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Albertville Medical Clinic Developer's Agreements and staff calculation for fees due prior to • recording. Motion carried unanimously. E Albert Villas 6ch Addition Letter of Credit 0 City Attorney Couri stated that as we know, there were a number of issues and concerns regarding the development. Assistant City Engineer Nafstad reported that City Administrator Kruse and PW Supervisor Guimont have examined the development observing some areas that require correction. Some of the areas were the sidewalk and build up of debris within the additions. City Attorney Couri concluded stating that staff is looking for direction from the Council whether to release the Letter of Credit or hold off until the corrections have been completed. Council decided to wait until the City Administrator Kruse and PW Supervisor could report; therefore, no action was taken at this time. CITY ADMINISTRATOR Written Report Finance Director Lannes informed the Council that staff has reviewed the bids for furniture for the new City Hall. Staff is not ready to recommend awarding the bid at this time. Fraser Steel Pr(&ct • Finance Director Lannes reported that staff has been working with Fraser Steel on a 25,000 square foot, $2 million dollar expansion. Fraser Steel is looking to the City for Tax Increment Financing (TIF) to allow for the expansion. City Administrator Kruse believes the Fraser project has a 95% chance of being successfully completed. It is a wonderful industrial project providing a significant tax base and good jobs. Staff is recommending that the City allow our contractor to do some additional building pad corrections prior to having a Purchase Agreement with Fraser. The City doesn't normally take any financial risk with developers; however, this project merits the City's assistance. Should there be a chance that the deal fall apart, the soil corrections would be an investment for any future owner of the lot. MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve our contractor to do some additional building pad corrections prior to entering into a Purchase Agreement with Fraser Steel. Motion carried unanimously. Park Shelter Rental Council inquired what the current process or procedure was for renting the City Park Shelter. It was brought to Council member Berning's attention that a resident was informed by the City to contact Sandy Greninger regarding the available of the park shelter. Finance Director Lannes and City Clerk were uncertain as to what the current procedure was. To the best of their knowledge over the past couple of years the FYCC employee has somewhat • taken charge with the number of softball games being played. 10 Finance Director Lannes stated that she would et in contact with Ms. Grenin er to inform her g g that in the future she will need to contact the City as to the availability of the park shelter. Also, should an Albertville resident request to rent the shelter the resident would get priority over a softball tournament. Park Hours of Operation Council asked what the hours the park is open to the public. There appears to be a number of young adults hanging out until late hours occasionally causing problems. It was recommended by a Council member to close the park(s) at 9:00 p.m. Mayor Peterson recommended placing the Park Hours on the next agenda for discussion and recommendation to Council. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Berning to adjourn at 9:30 p.m. Motion carried unanimously. 11 • 11 A�Ibcrtvillci City of Albertville Check Detail Register September 5, 2006 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023237 9/5/2006 10,000 LAKES CHAPTER OF ICC E 101-42400-208 Training and Instruction $60.00 Conf. JS Total 10,000 LAKES CHAPTER OF ICC $60.00 Paid Chk# 023238 9/5/2006 ACTION RADIO & COMMUNICATIONS E 101-42000-404 Repair/Maint- $53.14 14350 pager repair Total ACTION RADIO & COMMUNICATIONS $53.14 Paid Chk# 023239 9/5/2006 CHARTER COMMUNICATIONS E 101-42000-321 Telephone $80.05 0806 internet FD Total CHARTER COMMUNICATIONS $80.05 Paid Chk# 023240 9/5/2006 CNA SURETY E 101-42050-437 Misc. Donations $60.00 0601-697389 relief assoc bond/policy Total CNA SURETY . $60.00 Paid Chk# 023241 9/5/2006 COBORN'S E 101-42000-200 Office Supplies (GENERAL) $81.76 supplies Total COBORN'S $81.76 Paid Chk# 023242 9/5/2006 DEHMER FIRE PROTECTION E 101-42000-404 Repair/Maint - $633.68 13763 extinguisher upgrades for fire Total DEHMER FIRE PROTECTION $633.68 Paid Chk# 023243 9/5/2006 DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $2.21 finance chg E 101-42000-200 Office Supplies (GENERAL) $40.56 13860 batterys, bulbs E 101-42000-200 Office Supplies (GENERAL) $42.74 14075 batteries, cable ties, nails, E 101-42000-200 Office Supplies (GENERAL) $64.98 14124 bit drill, latch safety oven E 101-42000-200 Office Supplies (GENERAL) ($16.51) 14189 battery return E 101-42000-200 Office Supplies (GENERAL) $34.45 14302 cement, pipe cleaner, elbow, h E 101-42000-200 Office Supplies (GENERAL) ($12.80) 14303 credit return elbow E 101-42000-200 Office Supplies (GENERAL) $10.46 14510 windshield wash Total DJ'S TOTAL HOME CARE CENTER $166.09 Paid Chk# 023244 9/5/2006 DON'S AUTO & REPAIR E 101-42000-212 Motor Fuels $62.79 41401 Fuel E 602-49400-212 Motor Fuels $46.71 41687 Fuel E 101-42000-212 Motor Fuels $50.66 41740 Fuel E 101-42000-212 Motor Fuels $66.53 41834 Fuel Total DON'S AUTO & REPAIR $226.69 Paid Chk# 023245 9/5/2006 ELAN FINANCIAL SERVICES E 101-41300-200 Office Supplies (GENERAL) $8.69 supplies E 101-41400-200 Office Supplies (GENERAL) $78.48 office supplies, meetings, pop E 101-42400-331 Travel Expenses $95.00 annual meeting JS E 101-41300-331 Travel Expenses $315.69 annual conf LK E 468-49000-300 Professional Srvs (GENERAL) $21.08 1-94 meeting E 101-41300-200 Office Supplies (GENERAL) $46.58 office supplies, meetings Total ELAN FINANCIAL SERVICES $565.52 13 • Check Amt Invoice Comment Paid Chk# 023246 9/5/2006 FASTENAL COMPANY E 601-49450-405 Repair/Maint - Buildings $43.27 MNMON2796 industrial supplies E 601-49450-405 Repair/Maint - Buildings $6.56 MNMON2798 industrial supplies Total FASTENAL COMPANY $49.83 Paid Chk# 023247 9/5/2006 FOX, JANELLE G 101-22900 Park Rental Deposit Escrow $100.00 reimburse park rental damage d Total FOX, JANELLE $100.00 Paid Chk# 023248 9/5/2006 GRAHEK, AARON R 602-00000-99999 UNALLOCATED UTILITY $106.47 refund overpmt of final wtr bi Total GRAHEK, AARON $106.47 Paid Chk# 023249 9/5/2006 GRIDOR CONSTRUCTION E 491-49000-300 Professional Srvs (GENERAL) $2,499.00 change order # 2 WWTF Total GRIDOR CONSTRUCTION $2,499.00 Paid Chk# 023250 9/5/2006 HOGLUND BUS COMPANY E 101-42000-404 Repair/Maint - $333.72 truck repair FD Total HOGLUND BUS COMPANY $333.72 Paid Chk# 023251 9/5/2006 LARSON ALLEN WEISHAIR & CO E 101-42000-301 Auditing and Acct'g Services $2,000.00 972494 2005 relief audit Total LARSON ALLEN WEISHAIR & CO $2,000.00 Paid Chk# 023252 9/5/2006 LDK BUILDERS R 602-00000-99999 UNALLOCATED UTILITY $10.00 refund overpmt on final water Total LDK BUILDERS $10.00 Paid Chk# 023253 9/5/2006 MBPTA E 101-42400-208 Training and Instruction $60.00 Conf. TL Total MBPTA $60.00 . Paid Chk# 023254 9/5/2006 Mil LIFE E 101-43100-130 Employer Paid Ins $9.00 Emp Life Ins E 101-41300-131 Employer Paid Health $14.10 Emp Life Ins E 101-45100-130 Employer Paid Ins $19.55 Emp STDis Ins E 101-41400-131 Employer Paid Health $4.80 Emp Life Ins E 101-41400-131 Employer Paid Health $21.10 Emp STDis Ins E 101-41500-131 Employer Paid Health $30.97 Emp STDis Ins E 101-42400-130 Employer Paid Ins $63.40 Emp STDis Ins E 101-41300-131 Employer Paid Health $54.29 Emp STDis Ins E 101-42400-130 Employer Paid Ins $18.90 Emp Life Ins E 101-41500-131 Employer Paid Health $2.40 Emp Life Ins E 602-49400-130 Employer Paid Ins $17.99 Emp STDis Ins E 602-49400-130 Employer Paid Ins $3.90 Emp Life Ins E 101-43100-130 Employer Paid Ins $49.17 Emp STDis Ins E 101-45100-130 Employer Paid Ins $5.40 Emp Life Ins E 601-49450-130 Employer Paid Ins $5.40 Emp Life Ins G 101-21710 Other Deducations $7.50 Emp Life Ins Emp port E 601-49450-130 Employer Paid Ins $26.05 Emp STDis Ins Total MII LIFE $353.92 Paid Chk# 023255 9/5/2006 MINNESOTA PCA E 101-43100-208 Training and Instruction $23.00 renewal Class D Certif. TG Total MINNESOTA PCA $23.00 Paid Chk# 023256 9/5/2006 MINNESOTA DEPT OF LABOR & INDU E 10142400-208 Training and Instruction $35.00 Fall Seminar CCLD JS E 101-42400-208 Training and Instruction $35.00 Fall Seminar CCLD JS Total MINNESOTA DEPT OF LABOR & INDU $70.00 Paid Chk# 023257 9/5/2006 MTR SERVICES INC E 604-49660-300 Professional Srvs (GENERAL) $1,231.25 3922 Clean culverts Barthel, replac E 604-49660-300 Professional Srvs (GENERAL) $270.00 3923 Clean culverts Barthel Total MTR SERVICES INC $1,501.25 14 • • e Check Amt Invoice Comment Paid Chk# 023258 9/5/2006 MUNICIPAL EMERGENCY SERVICES E 101-42000-584 C/O - Turnout Gear $189.35 361211 turn out gear E 101-42000-584 C/O -Turnout Gear $89.21 361407 turn out gear E 101-42000-584 C/O - Turnout Gear $1,293.96 363672 turn out gear Total MUNICIPAL EMERGENCY SERVICES $1,572.52 Paid Chk# 023259 9/5/2006 NEXTEL COMMUNICATIONS E 101-43100-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-41300-321 Telephone E 601-49450-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units E 101-42000-321 Telephone Total NEXTEL COMMUNICATIONS $31.65 71818331805 Nextel Phones $31.65 71818331805 Nextel Phones $31.65 71818331805 Nextel Phones $31.76 71818331805 Nextel Phones $31.95 71818331805 Nextel Phones $32.04 71818331805 Nextel Phones $33.32 71818331805 Nextel Phones $55.32 71818331805 Nextel Phones $35.64 71818331805 Nextel Phones $31.65 71818331805 Nextel Phones $31.97 71818331805 Nextel Phones $31.65 71818331805 Nextel Phones $410.25 Paid Chk# 023260 9/5/2006 OFFICE MAX - A BOISE COMPANY E 101-41400-200 Office Supplies (GENERAL) $183.07 197803 ppr, clips, pens, clipboards, E 101-42400-200 Office Supplies (GENERAL) $5.63 198115 ppr clips E 101-42400-200 Office Supplies (GENERAL) $56.98 280702 ppr, stapler, ribn, post its, Total OFFICE MAX - A BOISE COMPANY $245.68 Paid Chk# 023261 9/5/2006 OMANN BROTHERS E 470-49000-300 Professional Srvs (GENERAL) $19,086.79 Pmt # 5 CSAH 37 Trail Total OMANN BROTHERS $19,086.79 Paid Chk# 023262 9/5/2006 PAT'S 66 E 101-42000-212 Motor Fuels $5.65 finance chg E 101-42000-212 Motor Fuels $35.25 14141 fuel E 101-42000-212 Motor Fuels $49.47 14153 fuel E 101-42000-212 Motor Fuels $61.00 14705 fuel E 101-42000-212 Motor Fuels $34.19 14828 fuel E 101-42000-212 Motor Fuels $61.43 14870 fuel E 101-42000-212 Motor Fuels $55.00 15629 fuel Total PAT'S 66 $301.99 Paid Chk# 023263 9/5/2006 PINNACLE PRINTING, INC. E 101-42400-203 Printed Forms $105.44 5926 inspection notices Total PINNACLE PRINTING, INC. $105.44 Paid Chk# 023264 9/5/2006 PITNEY BOWES E 101-41400-413 Office Equipment Rental $204.00 0787150-AUO Postage Machine Rental Total PITNEY BOWES $204.00 Paid Chk# 023265 9/5/2006 PLAYPOWER R 201-00000-34705 Park Dedication Fees $45,165.00 1400080141 4 Seasons Park Total PLAYPOWER $45,165.00 Paid Chk# 023266 9/5/2006 ST. ALBERT'S PARISH CENTER E 101-41410-300 Professional Srvs (GENERAL) $25.00 rental fee for facility 9/12 p Total ST. ALBERT'S PARISH CENTER $25.00 Paid Chk# 023267 9/5/2006 ST. MICHAEL, CITY OF E 101-45100-530 Improvements $2,630.32 08012006-2 3 sets of soccer goals Total ST. MICHAEL, CITY OF $2,630.32 Paid Chk# 023268 9/5/2006 STEFFENS BROS. MEATS, INC. E 101-42050-437 Misc. Donations $32.35 hot dogs, pep stix, buns, dona Total STEFFENS BROS. MEATS, INC. $32.35 15 Paid Chk# 023269 9/5/2006 SUNNYFIELD • E 101-43100-400 Repair/Maint - Paved Rd $350.00 1128 crackfilling Total SUNNYFIELD $350.00 Paid Chk# 023270 9/5/2006 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $496.16 45344851 Copier Maintenance Agreement Total TOSHIBA AMERICA INFO SYS INC $496.16 Paid Chk# 023271 9/5/2006 UNIFORMS UNLIMITED INC E 101-42000-417 Uniform Rentals $135.67 329449 uniform PG FD E 101-42000-417 Uniform Rentals $76.15 329840 uniform PG FD Total UNIFORMS UNLIMITED INC $211.82 Paid Chk# 023272 9/5/2006 VERIZON E 101-42000-321 Telephone $2.33 3693485148 cell phone for rescue Total VERIZON $2.33 Paid Chk# 023273 9/5/2006 WRIGHT-HENNEPIN COOPERATIVE E 101-45100-381 Electric Utilities $194.23 35016717990 parks E 101-43160-381 Electric Utilities $212.91 35016717990 Street Lighting E 601-49450-381 Electric Utilities $232.86 35016717990 lift stations Total WRIGHT-HENNEPIN COOPERATIVE $640.00 10100 Premier Bank $80,513.77 Fund Summary 10100 Premier Bank 101 GENERAL FUND $11,673.83 201 PARK DEDICATION $45,165.00 468 CSAH 19 RAMPS/I 94 Project $21.08 470 CSAH 37 TRAIL. $19,086.79 491 WWTF Phase 2 $2,499.00 601 SEWER FUND $349.78 602 WATER FUND $217.04 604 STORM WATER $1,501.25 $80,513.77 • 16 0 0 0 -A SEH mwoR"Dum TO- Larry Kruse Albut%illc City Administrator FRO James A, Schul?, PE Pro*! tinter DATE: August 3. 20M kE: 201)5 CS AH -A7 Trail AlIxtivi Ile, Minnesota SEH No- A-ALBEV0410 on Er to plew. find AWlicaliort (or Payment No, 5 (FVNALl for this prp*i if We avourA of 19,086-79r We reviewed this appllcatirmww it alarm ar's try ma be in order.. When pdyn,=, t k de, ugn all copies and di'Oribule its follow,$,, Omann Arwfwrx, JDc, SEH City of Albertville Encim-d. for your files am, the following documrnts- * IC-134 StaeWitbho[Jing Form * Lien, Waivers- * Consent of SuTey to Finat Payntrut If you havocryaquestions, pttasc feel free to call us - (big E, losus 17 H 18 0 0 0 wt NITLam., Kruse, City Administrator City, of Al ells $97 5 Main Avenue NE, P-0. Box q JV-bextvfll1N 55301-0009 RE: Hunter's Pass Lift Statism Albertville, MN Con ftactor's'Pay, Estimate No, 4 & Final Dw Mr. Kruse- En- pleww, find flireo (3) cx)pies of Pay F�timatc No. 4 & Firml firom CCS Cautmcting For work compIcied on the above rcfm=cvd project. We have reviewed the wt4- cumpleted mQ Pay Fstimatc No. 4 k, Final and recommend W"ptaLICIC Of the iJUWVCMC1ItS and final p3yffiefit in the anl=lt Of $15,688.00 tO CCS Contracting, For yottr inn mmatit rl, the ariginal. contract amount was W10k and the find contract muount was SI 2 7,560,59 .If everythinp, meeu yout apptovat,please xigm al I thrcc (1) copiLN, ret in one (1) copy, a] rctum onc (1) copy ki our office, and submit. one (1) copy altmig with payment to CCS Contracting, P.O. Box 1207781, New.Brightun, MN 5511,2,, Please confactme if ymi bave any questions regarding fliis estimate. Sinca,cly, BOLTON & MENK, INC. Adam Nafstad, P.E. Assigmit City, EriginleleT �nclosures Cc-, Paul Saffeil, R E. — B NI I Mark, Kaaua, P.E_ - 13MI 21 • 22 0 Is 01 I � 2� » / 2 72 $�\� f� 2� ���2u fƒ �� »f/may UO 23 Mr, LaM Krusc4 Oty Administtam Oty,of Albc-rlvilk 5975 Mairt Avenue NE, P. Box 9 AftxAvill e, NON 553,01 : Kotiville 2** Addition -Lett of Credit Release Albagrille, ,Minnekft 14MI of No. T1 5 �' 2", 1660 In MAy of 2005� Letier-MunmersimWr Pwopwties, Inc. rqwsW a reuse of the $12,500 Leftet of CrW' it (LOC j held as sm. urity f(* fb c, wcoixl year of ft twv -yew v arrmty period of th e mun ic i pal iruprovem,ents of Kollville Z'A Addhion, tr", this rNucsi, d* Develt.Vw'was wo Mod of items to he rvwted as wmrartty wark prior to the relcose of the, LOC.. To daft, ali known oucs"ding warrant), work has bm omVle"d in gengral comptisuccof th-c plans and specification of `w, bis therefore wmmumded that the LOC be, relmw4in full, Ple-mic Ict me know if you have az%y quesfitms or wvuld like wJditiLKW inforination, gilturrely, 40 L I'M & MEN K, IN C A"u,Nafslad, P-E. Albertville Amiiswnt City bigium, Cz: Tina Langres - Albertvilk Finance Director Ralph Mumawtviggr — Properties,,, Inc,- 25 Mr. Larry Kruse, C ity Ad min isftkv City of AlbeTtville 505 Mam Avcnucj NF, P, 0-flax 9 Athem,Ill pe'VIN, 55301 RE,: 'Towne Lakes 4*,Addition - Lettrr of Credit Redix-Oon Albertville., MiancWa 13MI "ect No, T 15.21660 Dear .M.t. Kruie, ( have reviewed RoWuM Compwvy, Im's request to reduce Letter of Credit No- 7318 fmm $200,000to 0 ba.W4 upwl compidion, of 39 of the 45 townliouse units in the dcvclopment- Thi,--, tftwr of Credit covers Wy the gToding and landk-aping outside the public rigIlit-of-way- Urx-M miew of tj* site, if is WmrimeodwJ ChM tht requrA to rvdwe ffic Leber of'Credit to $52,000 be, grarwwd71w r—edueed balance,"AJ be sulficicnt smgar ity fw comptiction oft remaining Us and punchlist items, Pleaw kt wa kno% if yow Jixvr ate' qoeitiom vT would like additional information. Sincemy. BOLTON 'MENK, LNC- Adam `lea fi,44, P, E, A I batv, i I I e A ssi Am, t Cite Engi n eff Cc., Tm�a Lannc,5 - Albe-ttville Fimnm rtip DO Ridgewky - R(xilund Cmtpamy, Inc- 0 27 Mr' LAm, Krusm-, City Administmtor City of Al to 597-1 Main Avenue NE, P- 0. Wax q AlhenvikNIN 55101 RE Shoppes at Praire Run - LMcr of Credit Reductij,"I AlbcitvAIc,Minneso I , W ill Plroj ovt No. T 15, 21660 Drar Mr. Kmsc: I have rvvithe request, b�v Finken Water, tn,.-- to reduce (be 1.*Oer Credit based kipon work completed. To Ue, It ownicipal improvements have been ec"pleud, in, gemerad omkimumv with, the plans wid specifications and appKtit` tnMely th,iM (11-1) k,,)f the, site bw beeft dev BaNed mt One- , elope& - upon dw w completed to date' 1. recommend thatthe Locurrent of Cr-Credit be frum the currni a,mount arSM I,X776 to no less that $545W 71v reduced Mawr wi 11 sufficicatt it uairtg ycavcrthecir and grading items tit the undevetoped tvLs- Pleaw lot tor, knaw if you inve any qtwsainns twwould like additional info mation. Since -rely, BOLTON & MENK, 1.NC. Adam Narmad. P,. E, Afffteville Amisum City Fngincer cx� 'Tina Lan = - Alberwillefin E WE • A,Ibertvillc Small Town Uving. 819 City We. TO: City Council FROM: Tim Guimont DATE: August 25, 2006 RE: Public Works Department - Parks Maintenance Request for Council Action (RCA) The city received $15,771.24 for storm damage to buildings throughout Albertville. There were areas in which staff was able to repair and other areas staff decided not to repair. The balance after the storm damage repairs is $8,931.24, which staff recommends using towards repairs to the Central Park Shelter and gazebo. The items to be repaired are a new roof on the gazebo and a new roof, soffit and fascia on the park shelter at an estimated cost of $12,900; therefore, it would required an addition $3,968.76 to be taken from the Park Building fund. The Parks and Recreation Committee would like to build a 20' x 39' open addition to the west side of the Central Park shelter. The cost of this is around $15,000. The Knights of Columbus has donated $5,000 towards this project and will donate another $10,000 next year. RECOMMENDATION: Move to approve the repair to the Central Park Gazebo and Central Park Shelter at a cost not to exceed $12,900 using $8.931.24 of Storm damage funds and $3,968 from Park Building funds. Move to approve a 20" x 39" open addition on the west side of the Central Park Shelter. • 31 AIbc tvi e Small Town Living. Big City We. TO: City Council FROM: Tim Guimont DATE: August 25, 2006 RE: Public Works Department Streets 1. We have started repairing sidewalks on the west side of Main Avenue NE just south of 57tn Street NE. We are replacing the old four (4) foot sidewalk with a five (5) foot sidewalk. 2. The curb repair and overlay project is under way and going well. Weeds We have been spending a great deal of time chasing, re -inspecting and mowing weeds. The ordinance states that the weeds or grass can't be over 12" tall. This is fine for unfinished developments with bare lots, but it is becoming a problem with vacant homes in finished developments. 12" is too tall to maintain and keep looking good in a neighborhood. There appears to be several vacant homes within the Albertville city limits. 0 33 TO: City Council FROM: Tina L. Lannes DATE: August 25, 2006 RE: Accounts Receivable Update Total accounts receivable outstanding through August 25, 2006 is $130,708.69 The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $103,281.19 79.02% 30-60 days outstanding $ 2,899.98 2.22% 60-90 days outstanding $ 0.00 0.00% Over 90 days outstanding $ 24,527.52 18.77% The majority of the over 90 days outstanding is due to Gold Key Development, Yearwood Development and the St. Michael, Albertville District. If payments are not made in full as of November 151h these outstanding bills will be certified to taxes. Staff called the School District to find out the status of the receivable, but both individuals are on vacation. 35 Vendor Amount Due 0-30 Days 30-60 days 60-90 da s 90 days & Over 152 CLUB $500.00 $500.00 ALBERTILLE HOLDINGS $2,047.67 $2,047.67 ALBERNILLE MEDICAL CLINIC $6,142.54 $6,142.54 BRACK BUILDERS $126.04 $126.04 BURGER KING $1,412.19 $368.20 $535.83 $508.16 CAHOON, MATTHEW $200.00 $200.00 CARLSON, BRETT $378.13 $378.13 CENTERPOINT ENERGY $150.00 $150.00 CPG PARTNERS $1,534.64 $334.95 $90.63 $1,109.06 EDINA DEVELOPMENT $1,715.40 $1,715.40 EMBARQ - MN $150.00 $150.00 ERICKSON, JUSTIN & KARI $189.06 $189.06 FRANCIS PROPERTIES $300.00 $300.00 GOLD KEY DEVELOPMENT $5,631.00 $36.25 $5,594.75 GREENINGER, JOHN & BRENDA $400.00 $400.00 GUTWILLER, GREG & ZONA $100.00 $100.00 HENNIX, MATTHEW $700.00 $700.00 HERMANN, KRISTI $100.00 $100.00 KRESAL, DENNIS $100.00 $100.00 LENGSAVATH, SKIP $100.00 $100.00 LEUER-MUNSTERTEIGER PROPERTIES $1,323.00 $1,323.00 LIFE IN CHRIST CHURCH $42.10 $42.10 LITZAU, JEFF & LINDA $126.04 $126.04 M M HOMES $100.00 $100.00 MAJESTIC BLDRS $300.00 $300.00 MERCHAND, JOSH & THERESA $100.00 $100.00 MINNESOTA DEVELOPMENT AGENCY $9,186.51 $9,186.51 NEXTEX PROPERTIES $42.00 $42.00 NORTHWOODS CUSTOM HOMES $700.00 $700.00 OLDCASTLE GLASS $81.68 $81.68 OPTION ONE MORTGAGE CORP $582.76 $582.76 OTSEGO, CITY OF $24,273.44 $24,273.44 PARAMOUNT HOMES $100.00 $100.00 PETERS, MOHAN $160.00 $150.00 PETERSON, JOSH $252.17 $252.17 PHILMORRIS $1,926.02 $1,926.02 PREFERRED ONE $500.00 $500.00 PREMIER DEVELOPMENT GROUP $116.27 $69.30 $46.97 ROSETTI'S PIZZA $500.00 $500.00 • s • 36 • • • Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over SCHULTZ & SCHUPP $3,980.13 $3,980.13 SCOTT, JOHN $100.00 $100.00 SHOPPES AT PRAIRIE RUN - FINKE $35.90 $35.90 SHOPPES AT TOWNE LAKES 2 $2,370.10 $2,370.10 SMACKDOWN BAR & GRILUFULL MOON $1,430.03 $500.00 $930.03 SPACE ALIENS $1,079.10 $1,079.10 ST. MICHAEL, ALBERTVILLE DIST $6,521.35 $5,521.35 ST. Michael, CITY OF $12,259.00 $12,259.00 STATE BANK OF LONG LAKE $1,211.00 $1,211.00 T-SQUARE PROPERTIES $749.00 $749.00 TERRA DEVELOPMENT $9,634.98 $7,792.25 $1,842.73 TOWNE LAKES $22,637.84 $22,354.34 $283.50 WAHLSTROM, SHAWN & MEGAN $205.01 $205.01 WARD, TOM $600.00 $600.00 YEARWOOD DEVELOPMENT $6,516.59 $6,516.59 Total $130,708.69 $103,281.19 $2,899.98 $0.00 $24,527.52 Current 0-30 days $103,281.19 79.02% 30-60 days $2,899.98 2.22% 60-90 days $0.00 0.00% over 90 day $24,527.52 18.77% 37 TO: City Council FROM: Tina L. Lannes DATE: August 25, 2006 RE: Project Update Council requested an update on outstanding project status. Below are the contracted projects with amounts paid to date as of August 25, 2006: Project Total Contract Paid to Date Difference 2004 School Pedestrian Trail (Bituminous) $353,876.90 $331,703.71 $22,173.19 2004 Prairie Run $1,595,233.53 $1,567,701.19 $27,532.34 2004 Seal Coat Improvement $19,965.00 $18,692.60 $1,272.40 2004 Street Overlay $98,070.00 $89,978.40 $8,091.60 Public Works Building $1,714,020.00 $1,706,967.00 $7,053.00 2003 CSAH 19 Upgrade $1,446,496.70 $1,340,629.92 $105,866.78 2003 Seal Coat Improvement $10,421.00 $10,061.62 $359.38 Frontage Avenue Improvements $313,719.00 $281,440.31 $32,278.69 Water Main Change Order $32,394.00 $30,288.00 $2,106.00 CSAH 37 / 60th Street Storm Sewer $49,983.00 $47,941.00 $2,042.00 WWTF Expansion $3,707,499.00 $3,705,000.00 $2,499.00 05 Overay $94, 713.00 $71, 348.90 $23, 364.10 Mud Lake Water Main $70,923.14 $67,725.89 $3,197.25 Hunter Pass Lift Station $127,600.00 $111,878.59 $15,721.41 Ice Arena Locker Room $683,581.00 644,377.00 $39,204.00 Hockey Rink $100,953.00 $88,820.92 $12,132.08 City Hall $3,091,000.00 $2,194,690.00 $896,310.00 37 Trail $241,522.75 $226,608.96 $14,913.79 Total $13,751,971.02 1 $11,628,357.31 1 $1,216,117.01 77.02% 194 Project 1 1 $293,642.741 -$293,642.74 • C = Construction R = Retainage C & R C & R R C & R C & R R C & R R R CG ORDER C & R C & R C & R 39 • TO: City Council FROM: Tina L. Lannes DATE: August 25, 2006 RE: Sod Request History Council requested for staff to research sod issue for a Prairie Run property. Report Staff has researched per Council's request and found that the City of Albertville requires in the building permit stage, that an as -built survey must be submitted and approved prior to installing sod, trees or irrigation systems. During this process they may submit a landscaping escrow and can receive a temporary certificate of occupancy. The particular property in question has not submitted an as -build survey as of August 25, 2006. 41 TO: City Council FROM: Tina L. Lannes DATE: August 25, 2006 RE: Park Shelter Reservations History Council requested for staff to research the issue of residents not being able to reserve the park. Report Staff contacted Sandy at FYCC, who has been taking care of booking the park reservations for the ball fields, but she was on vacation. Staff discussed the council concerns and determined that to resolve the issue, besides working with Sandy; the City of Albertville should maintain all the park reservations and Sandy should be contacting the City of Albertville for approval and avoid scheduling conflicts. In turn, the City of Albertville staff makes all reservations and collects the appropriate fees associated with each park rental (including baseball tournaments). Action Staff is looking for Council direction on how to proceed regarding the Park Shelter Rental Policy. • 43 • NORTHWEST ASSOCIATED CONSULTANTS, INC.. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 'i i i3.231.2555 Facsimile: 763.231.2561plan ners@nacplanning.com MEMORANDUM TO: Larry Kruse — City Administrator FROM: Charles Carlson / Al Brixius DATE: August 28, 2006 RE: Perkins Revised Plans, Site and Building Plan Review, Revised Plans NAC FILE: 163.05 — 06.24 BACKGROUND GLTArchitects and JLC Properties of Rochester has applied for Site and Building Plan Review for a new Perkins Restaurant and Bakery in Albertville. The Planning Commission discussed the project on August 8, 2006 and recommended approval of the project, subject to many conditions. The applicant submitted revised plans on August 22, 2006. The plans were submitted in response to conditions of approval incorporated within the planning report for the project. The attached resolution includes the conditions of approval recommended by staff and the Planning Commission, as amended by the revised plans. REVISED PLANS Revised plans show a number of revisions to the site plan. Parking lot landscaping is increased, as is landscaping provided on the site perimeter near Laketowne Drive. The building design facing the traffic circle is improved per conditions of the Planning Commission, and meets the 20 percent stone and brick requirement of the PUD. Truck circulation is improved as well, with additional space for deliveries and smoother circulation. An additional pedestrian walkway is incorporated into the revised plan. Lighting is improved as well. The lighting will match Shoppes at Towne Lakes One, and will provide even light across the parking lot. Other resolved issues include civil engineering details, affirmation of compliance with ordinances, and other minor issues. RESOLUTION A resolution approving the project is attached, with conditions as established by the Planning Commission and as modified by staff upon review of revised plans. ATTACHMENTS: • Memo from Matthew Malone, Project Architect, GLTArchitects, August 22, 2006 Revised Plans, dated August 22, 2006 - Resolution CZ" • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2006-xx RESOLUTION APPROVING SITE AND BUILDING PLAN REVIEW FOR PERKINS RESTAURANT AND BAKERY LOCATED AT THE SHOPPES AT TOWNE LAKES TWO LOCATED AT CSAH 19 AND LAKETOWNE DRIVE NE IN THE CITY OF ALBERTVILLE WHEREAS, JLC Properties of Rochester, LLLP has submitted an application for site and building plan review to construct a new restaurant and bakery on the site legally described as follows; and Block 1, Lot 5, Shoppes at Towne Lakes Two, Wright County, MN WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated August 3, 2006; and WHEREAS, the Albertville Planning Commission met and held a public hearing on August 8, 2006 to consider the Perkins Restaurant and Bakery application; and WHEREAS, upon review of the staff reports and hearing public testimony, the Planning Commission closed the public hearing and recommended that the City Council approve the site and building plan review, subject to the conditions outlined in the August 3, 2006 Planning Report, August 1, 2006 Engineer report, and August 28, 2006 planning memo; and WHEREAS, the Albertville City Council has received the Perkins Restaurant and Bakery application, staff review documents, and the Planning Commission Recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the site and building plan review for Perkins Restaurant and Bakery, Shoppes at Towne Lakes Two, subject to the attached findings of fact and decisions. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The site is described Block 1, Lot 5, Shoppes at Towne Lakes Two, Wright County, MN. B. The planning report dated August 3, 2006 and memo dated August 28, 2006 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not • overburden the city's service capacity. 47 D. Traffic generated by the proposed use is within the capabilities of streets serving the • property as proposed, provided the proposed private street network is created simultaneous with development. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to the proposed use. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed use will be compatible with present and future land uses of the area. H. The proposed use conforms to the applicable Zoning Ordinance performance standards and approved planned unit development standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the site and building plan review based on the plans received July 11, 2006 and revised plans received August 22, 2006, subject to the following conditions: Site and Building Plan Review 1. Simultaneous with the development of the proposed restaurant, Albertville Phase Two, LLC must build the proposed private street system, including sidewalks. A street signage and striping (traffic, no parking, etc.) plan shall be submitted for review. Signing and striping of the access roads and parking lots shall be in accordance with the latest edition of the MMUTCD and as required by fire regulations. 2. If rooftop units are partially visible, they shall be screened or painted to match the is building. Signage shall conform to the proposed signage. This includes two building signs, 8 by 4.5 feet with the restaurant logo/name and one pylon sign not to exceed 30 feet in height, and a 14 by 8.5 feet oval design with a dark background and light logo/lettering. Sign illumination shall be light letters on a dark background. 4. The Developer will be responsible for all construction permits required for the improvements (sanitary, water, storm water, sign permits, etc.) 5. All Comments and conditions from the City Engineer, including: a. All site work will need to be coordinated with the construction of the Shoppes at Towne Lakes Two improvements and constructed following or simultaneously with those improvements. b. The stockpiled material within the Shoppes at Towne Lakes Two plat shall be removed and the entire site shall be stabilized prior to the construction of the Perkins site. Shoppes at Towne Lakes Two roadway construction, utility installation and pond construction shall be completed prior to or concurrently with the Perkins site improvements. • 48 d. No construction activity shall take place on adjacent properties without permission and/or easement from the respective property owner. e. No work or traffic disturbing activity shall take place within public right-of-way without notice to and approval from the City. f. The 2 — inch water service shall be copper pipe. g. Hydrant spacing and water supply shall meet the requirements of the latest version of the Minnesota State Fire Code and that of Albertville's Fire Chief. h. The location of the FDC on the building shall be submitted for review. i. Sanitary sewer service pipe shall be SDR 26 PVC. j. Drop -in style inlet protection shall be used in place of the proposed filter aggregate inlet protection. k. The Shoppes at Towne Lakes Two pond shall be completed prior to construction of the building and parking lot. 1. All pedestrian ramps shall meet ADA and MnDOT requirements (truncated domes). Adopted by the Albertville City Council this 5th Day of September 2006. • 0 • I g g U. 0 9 � y�� apy .PP. g mF ZSi 2A o Yl N ~ Ips IpO !It- t 1n yO i 1QR 0f zm j0 DO GSp I I�w� v�Z fgYS pZ 8p I 1 gA gm 1Ki {S�rO MD r C yl YI mr mr �r" r9 0 8,z , �F Sm JS �g > N N G w Z .- �yY ',� N JnC x Z C C � �� I;•1� � g" gz E M X > 7'-6' z z _ D € z z z z Zrri 12 t�t��$4�4II�yiyI�IAA Z p O p S 0 0 m R z Ay 2 x= A 0 o D D 5 n n $ V X V A m ZJ x� M N a q D EXTERIOR ELEVATIONS 8�II Oov4 TUi M GZI�Ni O N + A p$'. +,q RING POINT ARCH U X X X X Y id' 1w 0 4 N � 0 Ip H -2 M Z N Am C y Z y z L y= > ZQ>.v = y O Nf.H p X A ym yz.p g m w Z.- cL i$T' -TcIA cY6 cK'cK''a'cYli�c ��accnmsFa>no t"osa �f"�noons`_Is�_+Iz3,v�z_c}g Yd"-"1c�"c IQ=' Z o iy�tYma n i�Tz>m nfyAmO1 c0I xi MTR 8 >F �Irti' yiy>=cv rTm x >'y �n maXeX o �z.,'rOO'rOO'gniy �s' z v Ro < T> SS A .v O Q 4 pr ar mIIR N 9 Z >O D >m> >O Igo R 0 40 (A�,X O vg�g > Xzn $y{ m a A A -? p .D y o ,to O O A >9 A O A i o i6 P�AXI z $ r,�mp 1 (/1 > iT Z z!g g n Yl o a Q y i m q¢ z A % r Z9 `! j7Z, O A ,v ` 'v y • . 91•I > 1 p O ad O O .T PXR > y F a s a> o i S x F S m AI O V v1 y n !- A Pw P O r N \ z zc N w o N y"1. yl s A pp ppcl > A A A v y O 4 O The Restaurant Company Notional Headquorters ' S(Nt GnmLuu.e Gpulre St. Cloud. AIN 56,303 ve 6075 POplor Anus I (3; Yoh 7 W • Im (320) 255-0 ri3 Memphis. Tennessee 38119-4893 HESE DRAWINGS AND SPECIFICATIONS ARE OWNED AND COPYRIGHTED rcilltect5 THE RESTAURANT COMPANY AND MAY NOT BE USED. COPIED. OR UPLICATED WITHOUT PRIOR WRITTEN CONSENT. ANY UNAUTHORIZED USE OR 5CL05URE OF THE PROPRIETARY INFORMATION CONTAINED HEREIN MAY IGU Gmoter.s-Lea ddt-Tidfmwi n` I�u,v. Jr l'Lltetv..tvlll UBJECT SUCH PERSONS TO CRIMINAL AND CIVIL PENALTIES AND DAMAGES, ALBERTVILLE, MINNESOTA z� �H 0 0 0 Y OD 20'-4' r rq zc c ri Z Z %ADA W U) 11111100 lOOOOOO - rn 9 M M z z Rx x A -0 0 C X ;0 X X z A rn -n at 9. IR > z z P rn g 9 c j "'Lf: - -'- A a . 1 M M xv L! Ax x rn M z P M < 9.-6. 91 > 1. —-4 0 44- V'L l'-4 z 5/A0.1 The Restaurant Company > > National HeocqLorters 808 CoItI. III St. ch-l"NEN 56303 o- op > 6075 Poplar Avenue (32'0') 252-37 V) • fax 020) 2.j.5-0683 CD 0) In Memphis, Tennessee 38119-48 x x THESE DRAWINGS AND SPECIFICATIONS ARE OWNED AND COPYRIGHTED GUAychitects A z BY THE RESTAURANT COMPANY AND MAY NOT BE USED, COPIED. OR Y > x 11jG.,ot--1.apaIdt-Ti&mm DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. AN UNAUTHORIZED USE OR 71 G15CL05URE OF THE PROPRIETARY INFORMATION CONTAINED HEREIN MAY z S TO CRIMINAL AND CIVIL PENALTIES AND DAMAGES. SUBJECT SUCH PERSONS PROTO SITE LAYOUT/LANDSCAPING PLAN 4NESOTAZOOS RX • O C O O z 91 dj M wES r gKeTo ENE DRI VE F If p p If t If p e$$ e e e e t t t p t If p C p t If e C$$$ p$$$ p t t t t$ r $ p p p p a p s p p r d If If If f __ d F 1 if t e If If If If C p$ C p p If p$ C t t t t t If t t C t C C t p If t t C t r r r t e r C C ttprprrrr C p t t t r C C t t p$ t C t C $$ r r r r r C p p p t t p p p C t p t p p t t C 2t r r t C$ r oa $ $ $ $ t t ? t t t t$ t r r $ r 9 �c9 $ $ t $ t e t t t t t rtt peep t t p $ 9 C t t t 9 p t t t d t e $ t If p p t p t t t _✓ r p a ?$ C p p e$ ell t e p C t t d$ p t t C C p$$ t C C t r $ $ $ $ p $ $ $ p $ t $ t $ t t t p C t $ $ p t p t t t t t $ p C t$$ C r C $ t$ p p p p p t p p t t t C p t t C t p p t$ p$ C C t p t t p p t t t p p t r r$ t t$ t p t$$$ t p p C t t t If t t t t t t t t p t p r t p p p p p t C $$$$ p t p t k^ts $ t t t t t p p t t t t C trr$tt tL E$oNE eOpt tttpttpetepr C 9 9 C t$ p $ $DW4 e p e e e t p if t t r$ e t t C t$ le t r$$$ e$ e e t p t t t if If t If If t t 9 r r t t p t e C a t t t t t t t t t t t t 9 $ $ r p$ r t t if it If If If If t t If t t If if t t If t t 9 C If C C C C C t C C t t t t t t t t e If t$ t If p t 9 tt$eptptprttttt Opp pp$p$pr$pp$tt t t If t t it If t t If If t t If if t C$ t$ t e$ e e e e t e e e C t t If d t t t$$ t$$ t$$ t$ x If t If t If t t$ t e If If e If 9 0 eF f#' i CQM $ h Rxwvi gg� c 9 r '33d �A� X ti 9 4 ��3� 3d 6rR _ � �� N �F� RF� RA� ' RFC r$i�� o 3• of 1PS $ R eF3 R=d- € M a a A i3 Le v 1 P12 As p rAv4� g� id 2 A M I c r = g g « ;. d h �s s M m x0 89 N oan OUTDOOR LIGHTING g a The Restaurant Company " 3 A National Headquarters 6075 Poplar Avenue 0 0 ; a Memphis. Tennessee 38119-4893 9 �.6a 3 THESE DRAWINGS AND SPECIFICATIONS ARE OWNED AND COPYRIGHTED BY THE RESTAURANT COMPANY AND MAY NOT BE c USED, COPIED, OR -O DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. ANY UNAUTHORIZED USE OR D DISCLOSURE OF THE PROPRIETARY INFORMATION CONTAINED HEREIN MAY SUBJECT SUCH PERSONS TO CRIMINAL AND CIVIL PENALTIES AND DAMAGES. g ALBERTVILLE, MINNESOTA 111GUArchitects Gmoters • I—p;ddt - TideD— �r oufr ota�o wo ASSOVA 16 W. parr - as - =111W im -oe�or 350 Highway 10 South Suite 101 St. Cloud, MN 56304 Phone: 320 259-6575 Faz: 320 259-6991 Email: mail®duffyeng.com 808 G,uIflu a Stµcnx SL Cloud. SI.N 56A)3 (320) 25237 NI • fin (320) 2550M tt�'tv.�fnnillteeL�.Ctlnt PROtO 2005 RH • xx xx Z) O 4 N w 0 ID O 4 W N ♦ 4 N U O N OI N 4 0 \/�/ m w l aI I rA l �/ O x 9 E E OO -� 9L90 Z'Zh ZN " �9>O�Z/EU ZZE4 I D D A y ti y p 9 X m er w ! C, 1 I uu.u.u' = c��391 I$^cccc���cFxc��a�cccoR�¢D.c.Q-csm�s��;��c��cy�� Z vx vx xx w o n >n �n In m 31Q m T rml m m in so 2 ii Ki ln' CA 5 � � 'QD $ % C r A � F A }� Yn' D t �' Zo AaQQQAa>�>mD>mxQRppy6w S�tnLz tzLzt�0000zo of one >mmi DynSAVOpR (� zyzysY,"m mn Q A D A> a) C m D S f>�1�'11 2 p/ I�-i {r�� I�1 O L FaI °°" JZC .� r m O A xI UI %�; 1>11 n° N O O 1ZZz zz _ pTl i� n>m x 0. mz >'� Dl) yl G>>O reSn! ° >9~�9rOOnms°c �yy {-�1 ° s z z r� r> wS I17L C AO w " '.J �, y '� M Z Sy y� .. m yrC >L Iq Z OPI N _ ■ 11/n�pp > 9 ; = pLlAm x 1 �2 Nti y ns'.. fti in nOm I 2 2 SA yt _r S L SS S Z ��p " �o X9 y IA O O NS C-!> 9 A Irn m F r- PO tq 16 1mm6 IS ifs) -P'Ay R r F % i t`om NT'>xi A �a +I VA p p �R �' -Az y m {>� i i yx{� ir�I $r71 I Of 19 AQ "Zfn 1��i .%AO m Z' y 9 O >0 >01N1/1 yIz a 8� A- �$�■{n:H i� DZ>m A 2z "'L I^L v'�FI w a P u ID I m I I I I I OX° iE� Z z F F x(R�ozp m�mSiS b" aFm ,s : xxi > n �i m� oR4.Z % + O AR rAy C x Q m $ a P 90 Z O 9 X9 ; `_ Rm 10 > u m A A •j}n�� 91I/n� 9nl o O O 2 " VI = z DE >> rz py A fF r Zf G2TI ' L4 g g A 0 0 _>> czf Cz1 4 O If Restaurant Company D p y o D I] Notional Headquarters 808 C mnlunL,e Squnm St. CIuuJ, \L 5ti3 x W N OD m u, m 6075 Poplor Avenue ' 1320) 262-3710 • f,Is (320) Yav0693 m x M n\ C o < Memphis, Tennessee 36119-4693 I "" v ` A 'GLTAr m X c m - Z THESE ORA WINGS ANp SPECIFICATIONS ARE OWNED AND COPYRIGHTED Chlte Cis " 0, " BY THE RESTAURANT COMPANY AND MAY NOT BE USED, COPIED. OR 4 DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. ANY UNAUTHORIZED USE OR CiIV(tC,- .CR .Jdt•Tldemul Inv.gll:ut'Int«'N.c'tm� DISCLOSURE OF THE PROPRIETARY INFORMATION CONTAINED HEREIN MAY 1' SUBJECT SUCH PERSONS TO CRIMINAL AND CIVIL PENALTIES AND DAMAGES. EXTERIOR ELEVATIONS 2�STRR ALBERTVILLE, MINNESOTA v - c) z 0 0 :go ci IA — A --- Z A I \ m M p o I' I I' m o I ---, / f L OD r O x r I r / / � I a I n I � / / I n I / I / / I r " C _ 1 IT n n II v _z cZ Z 0 A A � ; 1 v O s z D z O 0 Z n O > ;0v O 01 D z tD C r m I] The Restaurant Company D National Headquarters 111GLTArchitects 8U8 Courthouse Sgrmrr Sr.Cloud, \IV 51i39 Dp6075 Poplar Avenue (320) 23Y-3740 • ta, (320) 25&gG83 X O Memphis, Tennessee 36119-4893NXV A A z THESE DRAWINGS AND SPECIFICATIONS ARE OWNED AND COPYRIGHTED N^ N N BY THE RESTAURANT COMPANY AND MAY NOT BE USED, COPIED. OR DISCLDU OCATED SURE RE OF TDHETPRIOR PROPRIETARYENFORMATION CONTAINED T. ANY UNAUTHORIZED HOEREIN MAY OR •COO1e1'S•I.eAU.'lldt•Tldeln:al I,r.Klrnrchirecl..conr SUBJECT SUCH PERSONS TO CRIMINAL AND CIVIL PENALTIES AND DAMAGES. TYPICAL FLOOR PLAN ALBERTVILLE, MINNESOTA zoos 005R RR r p, ": Consulting Engineers & Surveyors Mr. Lany lw:rwie, City Administrator Oty of Albertville 5 75 . n Av4mue NE P. 0, Box Albertville. MN 55301 t Seal Coat Lmpro °ements City of Albertville, VI otaora lc Mayor and City Council Members - On June 5",, 21t J6. City Council approved plans and sjimifi cations and €ruthortizod staff to :jlicitt bids for the pmj* ed impmvrmcnts that includcd apprn i natel 2 1. + 7 sgtaw yar& of seal coating on the following roadways-, 51 Street NE f l aitlx l Industrial Dr. to main Avcnu) 4 Lannon e eN. . (515Stma to Barthcl Indust al Or) Larabet, Circle N.F.. Lasalle, Circl 1a1. K Lansing Avcn c N,E, (5(Y" StfW, to 51 tt t) LAwust Circle N. L'dLhin and oth.cr misecilancous repair work medexi on several of the, l ec-t roadways, was incorpofated into the City's over1ky pr jeut, and hai rum co plctc(L Flmp sals for the 2006Scal COW Improventents have been requested fnim four 4ontr ctor and will be received on or b f re Friday', September l"I NXW 1 will be at the cptcrnb r 5"', 2XIC5. Coo it '& ting to Ircsoit i formatioWbids rc';eivvd, and s ate. re rrueze1111, .tiOns �;one rnint the hids aiW discuss any questions yrou may have Wn=1ft1g your pr j .t. Sincerely, 1401.`i't N & ill NK, INC, A dam N Assistant City Engimer • Ci: Mark, D. l* wsma, P-EL, ('its° Fn lnccr I rian Yavarow, E<l..i., B1` I 51 g6 ,":��L . Consulling Engineer surveyor r TO+. flonorabic Mayor and City Council FROM: Pete Sorenson, Traffic Engirtocting , Specialist Adm , .E., Assistant City Engineer DATEi Aug SUBJECT: -School Speed Limit Request at'St. Michacl/Alberwille High School Main Avenue at Albertville Primay School } you request4, I reviewed the applicability of Schow Speed Zorws for 1 a1 amw on the. two roadways, Minnesota law regarding l speed Ins allows thcjurisdictional authority to post school speed limits when an enginecringtraffic investigation is performed as prwribed the eotnmis4oncr of tranwrtationThe traffic investigation consists of a'school route plan' anda, 'whool hazozd investigation. At this tam, I do not TwmnmcMt o school speed limit, be esWished at thi-se loca6ons 50 trttt stSt MicbsellAthertvillt Mi le ehooL 5 Street is currently a city street, erWright County has this sekctio of d for tAing authority within the next -year. I discussed this i sur, with the Wright, Highway Dtrn t, k4rVirgil Hawkins, Assistant WrightC � d t .be interested in ins l e t in establishingthe appropriate econtrols aloes this Uwe County roadway� Considering the stuilenti elimndy attc Ting this facility will transfer to the oew highschool aruJ that this facility will change to a junior highschool, an enginecTing and traffic investigation would he, Nomcwhat pmmature and would not considcjr#ppreMajv sWent school routes nor numbm and groups of walking stWentswill be allending the school in 2007. This decision would be mom appropriawlye follo-wing the change is facility u x if a school, speed limit i appropriate forthis facility, I recotmeW that the decision be made by Wright County after the change facility Man Avvaue at AlbertviUe Primary School. Min Avenue is cuTrently a city street with a 30 MNI speed limit_ Traffic counts were taken this spring on Main Avenue �vuth of Stied. The traffic- volume at that location was shown at sW vehicles per day_ Additional c uts were not taken in tlw Vicinity of the Albertville Primary School,ho%evvr, it can be estimated that the volume would be somcwfw lower so a of 7 t o the a s. 53 AlberMfle l Speed Limits • • 54 Iry i WRIGHT COUNTY DEPARTMENTOF HIGHWAYSVNE A, rtX SON, PR *Wklr444 nr lffrig& C4,kunty Public Warks 84i'di VIROIL cI HAVittNS. PA' �W-4y MCHARD M MAAqV*--M, °rip �€eane tMj ,7.% i Ta c t "i K0VN0 ?M `i THROUGH 9 CHia a s i di 4 Via- s a..ENGINEERING DECISIONSM 1pno ; Mr.. dam Nafstad, FT - Assistant AlbrMille City Engineer Bolton & dank,. tt, 12224 l icoM Avenue Burnsville, NIX. 55331-1 4 Rex CSAH 19 - Speed Zone Request City of Alberivitle Dear MT, Nafitad We have reviewed the City of Al rtville's request for a speed zonestudy oit C-SA -i 19, fTomthe south city limits to CSAH. 37 and t of `er the following comments 1 Tht last sped zonesludy on CS N 19 was conducted in September of 2(see attachcd aid one recominwndation leticrr, Batt: {'l3;2 Sand sub bent Speed Limit Auttwitization, dated 12/161131 1. Tbis speed zone study was alone in response to and after winpif6on ofthe 4-lanc section that the ciNy l d cc xtplomd in 2003, 2. Although more, development has t currcd on the west side of CSAH t at 53Id Site t "N-E , tl 4wrrent r way geometries, have not eli anped sip the last speed zone study was *nducied 3. The c ouur will be. reconstructing CSAII I q to a 4-lane roadway in 2007, ftom 11►a Stttl's cif' ti , s of'Alberivilte to just south of �7" tre t N.E. Based zon the above -mentioned points, it Would make the rate seto e., uet a new speed znnc study, upon. completion of the County, prc ect- Tf you have any juestions, pk3w call rrre at 763-6 - 3 1 incerely* Bill cmdeli Senior T'rafl "I° ne >t ncivs,ums. Specd Zone Auti rizalion Letter, Speed Z cite Recommendation Letter Cc,- Wayne l+in al an, County Enginou Virgil'Hawkini, istantCo. EngJa 55 �U< ; Field Operati.ons Divjs OFFICE MEMORANDUM 1x *a'WAFWV r =.Y 4 Ins DDT temr ia� l ��1a r Michael I. pfc1t t 'A : Datt Brannaa,KS, 25 `pa t`fmc 1 rge r, rma), ABSIstam,1 ibttfcl TrafficF t gitm# -S-A 1i, 1 141/ri ht owir� We asvr ('UmPleted Wi criginecring tnd trmff ic inn tw n i�a aetr,eminc a rc3a'n;t�:� � �i ����:� �rt�at �� � u to Stale:d l.i �a � 1 ,5. . pl.l i,et °corm t °, . 1 €vm rm t t. F of llanGv aild C S,AJI 39. Tltas conthwied as re ur.5 ftt a re-wha tcm Passed 1)�, Might (Ourmt'�, £�coar�l c�� :iu s���aGays, ter3 r ugwt t L, 2(*.. If ,vou agree °path am z .aids-tion, jflt: i,sc for-for-ard a to Wt Comity, Bastdcgi mvestijg4tjon rc u.lt•1 *2 r t'ra~laile d the fall ° 1 t l r e 10 :tmc :pad lirms's for C S, A 11, 1 30 N911 bet"x6ein the HenrmpiniWqght t. nu ty Line C.-I'V of lCanovcr+ a2d a Poillr ap-proxii-Ir{a:t by 750 I et s(xtrtht Coun Py Ftad .. rtatatiorY hetuven a Point apptoAnuately 7M let Ala of County Road 4md a po4w approximmet 50 f t north o -32nd steet N.t3, irm .fit, `� l�.ftacl. 34) MPH bet° ven a *t ppr xa.marCjy 35 feet ttord, or 3-�Ad S,tjoet n St_ tclapel on a pa)ftt a PFo'xitaaatClY 4=50 feet DWI of Trwi ffjg1,way . a t to sr. NI Xh el. 44) ft'Iii k? +t as a point apprevilm,te1� 5A-0, Cat rate of Trunk l i :hway 241 in St. Michael AD N WH betweert .,S., ,H, V1 8 .and aPOint prQx t-t1Y It U feet south of 53' 51, 40 MPH oerkeen a p oint a ppa xtt at , tip t et aut & f` 5 as fit. t d ps crat a frt alcf r �5 . north Of t t ,t:,d h0crstate , amsap. Statutory between a point apprt)'16as tel5, 2,5 feet. no (if west mo nd lrmtetstate Vim4 OnRanlp and C-S,A, 1, 39. Btt-,ause of thfx studtr "ba r cmmT,rmae tti lass trm speed limits l two �:rcas. Cat Litt �v ll h � ` t;mplm e no rca. the t ,A- . � 18 juncl: a, °ilmms h wtan of the shady arts conststts of ptopertyb an dote mt sfmm le. fwmty h"Mm, amend a lw ton ham Comp kK Un t WMt-4de, The msst smdc Ims a large area thatlis sm;fll :a g0oultuml, and a ,rCCEROY ConsMWt l sh itn * ll- A 4pCe4 study taken its "leis artA s )ws +5% ds e-r 1 atmph arld pwe& of = - 5 T,nPh for l c4h nofth and ruth l'ound vehicles. TC-1 � vcsconducted confi ni the recornmendcd 50 r tPh Tecd lima is atipt•yppr€atc "(* time CnViM,MT€lent. `1,�e : moans �hapqc t;. a ►-rat estt�slcm to tic in pl4tcr 40 01ph °z4jnc ne , t �ittlet mall no �f 1 fi and a -11001 rXteasloft to t2he sou, th end_ 'rills ams is c saricn eta ` c,�n " rtiJs� am€t changes, inc-hiding [am c shoppi m4°11 and hrf i complex on the east sE e ��i the rraa�s�xn H � e f�c# th;'s .off mph e t isai( t ��ill not hzndcm' cot tt traffic and 111 c a m3 mma atts r ,4c needs. e test dnv were Conducted crt'tclrs the cxt ;s€olm� two the e1 as &ng 40 mph and qatutce7nnes .ate appropriate (` r their ,u tvxmding vfrc)martaerlts. • Page 56 0 To. WnOrahl 0 NIAYW WW C-jrVCO4MCi1 FROM., Adm Nafmad, P.E, Assisunt City Engineer OAIT: Au" 28, 2006 SLIBUCT. West Laketowne Drive SWp Sign Request At the Atigust 7h, 2W6. City Courwil mecting, I imRoiswig of 11673 Fast L4-anownc [)me NE InquirtJ AbcoA additional stop signs along WeA Lakcknvne Drive, NF- We Rejswig expWittied, flud te%idews of the Towtw Lakes Additions wt noticing ratre traffic along the roadwky mW believe that many of the atotorists are exceeding the, posted speed limit:, As directed, by Couricil, I have r evid the traffic arid inter-wectioni on Ow roadway of convtm au d, do not recommeW the *dditionof Aop, signs at this fimc. Curttvtly, West Lakew-Aw Mve has a PtVed speed limit of 30 mph and is considemd the, througit-sueet ' for the, Toume Lakes Additions xW the crm Streets approach ing, W "- I Awwmw mive- have stop sign,& Rio rcstwtcd vicws or sight di,,%Uuh* imeswere noticed at thc tine of obwvatk"k and to the best of by kVQWI,Cdge the i"Wt9&ti0M of WMCM do DOt hAV'O 0 hil;tM 4Pf 8"IdkntS, tu goncral, the =4 ftw inter wow wntrol swuld be ident to a mot iv ffw goW (4vatim ('ic ftxvgh trUfflC� high Mllunws, l(P*ViSjbjlijv, enish problems) and driver expectaticirl,%, (regttding the roadway ahcad) need to be met fot gemd oomplianor (ic- does whal I sce RJw0d make sense?), The addition of mop signs sk-mg this road -way may in fact increase safety ti&6- aftd have, anadverse effect *n the operation or the it'llemc(ions. Given the chmavMions made, thc Minn exalklanual on Unif(Vin, Traffic Control Devices and enginecring jud.punent do th-A %imni additiowl'stops signs at this lime, It is rcournmended that additkmal signs no be added at this titne and that traffic volumes, craOs hiswry. and pedestrianactivity con6nut to be, monitored and that proFw traffic "mm-RI he implenwated should the need witse,. Although a need k)y additional speed control was not nmed at the time Lif observation. it is M, woomm, end"I dwat stop, silps he used for such pfactices, Studies hue shown that indiscriinrinate, Pla",01ent of slop sigin lead to wmpl 6w-c lwoblooks. at tint,- signs as Drell as speeg problems dinleading , ;*%way from the signs. Speed ctmtrxil is ivatly a �Compljanzrzoenforrcnicnt subiect thal, neos police irl MjvCMenc Passive signing Without intelt-W, Onfortement IS fl11D5t0ftCn MR-CItCCOVC and OuUtow productive- If ruessive speed oil the roadvvay Is believed to he a prohlem, it is rowntmended dw, t t1w, polke�Nheriffi r)q)m1trwm be notified and that add itkatal eriforcemern W requested. 0 57 • CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE DEVELOPMENT AGREEMENT ALBERTVILLE MEDICAL BUILDING (Albertville Medical Building II, LLC) THIS AGREEMENT, entered into this day of , 2006 by and between Albertville Medical Building II, LLC, a Minnesota Limited Liability Company ("Developer"), and the CITY OF ALBERTVILLE, a political subdivision of the State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is a portion of the property proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albertville Medical Building" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer has received final plat approval for 1 numbered lot and one outlot that it owns within Said Plat; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, approval of a Planned Unit Development is required to permit development of Said Plat in the manner proposed by the Developer; and 40 WHEREAS, the City has given preliminary and final plat approval to Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and 59 WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved private streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site -related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby granted approval with a Planned Unit Development/Conditional Use Permit with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph. A. The underlying zoning for said plat is B-2, Limited Business District. Developer shall comply with said zoning district provisions, as amended from time to time, except where deviations from such provisions is expressly required or permitted by this Agreement. B. Developer agrees that all buildings shall be constructed within the building envelopes illustrated on the attached Exhibit B. The exact building placement/design shall be subject to site plan approval by the City Council except where specifically set out in this Agreement. C. At the time of the recording of this Agreement at the Wright County Recorder's Office, Developer shall record a cross -parking and access easement which will allow mutual cross -parking and access between Lot 2, Block 1, Albertville Medical Building and all other lots in the Albertville Medical Building plat. Such cross parking easements must meet the approval of the City Attorney as to form and content. D. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial zoning, Developer shall make available the permanent, non-exclusive access easement as shown on the attached as Exhibit G, to the owner of Lot 16, Block 1 of the subdivision "Prairie Run" (herein after "West Lot"), to allow access across Outlot A in Albertville Medical Building and Lot 2, Block 1, Albertville Medical Building (collectively, the burdened property) and the West Lot (the benefiting property) utilizing the private drive in Said Plat to provide access to County Road 18 under the following terms: 1. The owner of the West Lot purchases Outlot A for the fair market value of said Outlot A as determined by an appraiser agreed upon by the Developer and the owner of the West Lot. In the event the Developer and owner of the West Lot are unable to agree, the Albertville City Council shall appoint an appraiser who shall determine the fair market value. The cost of such appraisal shall be paid by the owners of Lots 1 and 2, Albertville Medical Building and the owner of the West Lot, with each such lot bearing one-third of the appraisal cost. 2. The owner of the West Lot agrees to construct those portions of the private driveway located on Said Plat necessary to utilize the cross access easement. The private drive shall be constructed 40 • to the same weight and width specifications of the private drives as required by this Development Agreement, unless other specifications are required by the City of Albertville at the time of construction; 3. The owner of the West Lot agrees that the costs of maintenance and repair of those portions of the shared private driveways which are located on the West Lot shall be borne by the owner of the West Lot. The owner of the West Lot shall be responsible for 100% of the maintenance cost of that portion of the shared private driveway located on Outlot A of Said Plat. Developer and the owner of the West Lot may alter this cost sharing formula by mutual agreement. 4. The owner of the West Lot and the Developer agree that except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the private driveway shall be erected, condoned or permitted by the owner of any property benefited or burdened with the private driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited or burdened property, their tenants, invitees and licensees to fully utilize the shared private driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which . said shared driveway was designed and constructed. Is 5. The owner of the West Lot agrees to join in the Reciprocal Easement and Operating Agreement ("Maintenance Agreement") as approved by the City Attorney and that will be executed by the owners of all lots on the Albertville Medical Building plat. Said Maintenance Agreement shall provide for the maintenance of the easement area shown on Exhibit G and shall provide that the cost of maintaining the easement area shown on Exhibit G shall be divided equally (one-third each) between the owners of Lot 1, Block 1 and Lot 2 Block 1 of the Albertville Medical Building plat and the owner of the West Lot. 6. Developer shall enter into an easement agreement with the owner of the West Property in substantially the same form and substantially the same terms as shown on the attached Exhibit G, provided the owner of the West Property agrees to enter into said easement agreement. If the owner of the West Lot does not enter into said easement agreement, Developer shall not be obligated to provide access to the West Lot as set out in this paragraph I.D. E. Developer shall construct the number of parking stalls on Said Plat in the locations and dimensions as shown on the attached Exhibit B F. All minimum building setbacks shall be in accordance with City, County and State ordinances and laws. 61 G. Developer shall permit the construction of all private streets on Said Plat to a minimum • width of 24 feet from back of curb to back of curb, in the locations as shown on the attached Exhibit B. Said private street shall be constructed in such a manner that it may be expanded in the future to provide cross access pursuant to the provisions of Paragraph l (D) of this Agreement. Parking shall be prohibited at all times on all private streets, and all private streets shall be posted with "no parking" signs installed by the Developer. Parking on the private streets shall not be permitted unless specifically allowed by the Albertville City Council. Developer shall install "No Parking" signs on the private streets in locations required by the City Engineer. H. Developer shall maintain all private streets on Said Plat in a commercially reasonable manner such that the streets are paved and plowed at all times and such that cars and emergency vehicles can safely pass on said roads at all times. At the time of recording of this Agreement at the Wright County Recorder's Office, Developer shall record the Maintenance Agreement which requires all lots on the Albertville Medical Building plat to maintain said private streets in a commercially reasonable manner as required by this Agreement. Such Maintenance Agreement must meet the approval of the City Attorney as to form and content. Upon recording of such document, the owner of Lot 1, Block 1 of the Albertville Medical Building Plat shall be the responsible party to cause such required maintenance to be performed and shall also oversee all billing and collection of the pro-rata share of the cost of such maintenance from such other lots which have agreed to pay for such maintenance. I. In the event the private streets are not maintained in accordance with this Agreement such that said private streets pose a safety hazard to the general public, the City shall provide forty-eight hours notice of deficient maintenance to the owners of all of the lots in Said Plat, after which time the City may, but shall not be required to, immediately take whatever reasonable steps are necessary to correct said safety hazard. In such event, the City may bill Developer for its portion of the cost of such correction, said cost to be split among all of the lots in the Albertville Medical Building plat in the same proportion as each lot's square footage is to the total square footage of all numbered lots in the Albertville Medical Building plat. Developer shall pay such billed cost within 30 days of billing by the City. J. The Maintenance Agreement shall also require that the owners of all lots in the Albertville Medical Building plat maintain all ponds and common areas within the Albertville Medical Building Plat in a commercially reasonable manner. K. Monument signs will be allowed in the specified locations as shown on the attached Exhibit E and in the configurations shown on the attached Exhibit H. The Maintenance Agreement shall specify which portions of the monument signs may be used by the lots within the Albertville Medical Building Plat. Developer shall provide the owner of Lot 1, Block 1, Albertville Medical Building Plat with easements necessary to maintain such signs. 62 L. Developer has submitted a signage plan for Said Plat showing all existing and proposed signs. All signs shall have white lettering with a dark background. All signs shall be in substantially the same location, configuration, height and material as shown on attached Exhibit E. M. Building signs shall not exceed 15% of the building face. Building signs will be allowed on the front and rear of the buildings, or one side in lieu of a rear building sign. N. This Agreement does not constitute building or site plan approval for Lot 2, Block 1 in Said Plat. Developer must obtain building and site plan approval for all buildings constructed on Said Plat. O. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. P. Trees, shrubs, berms and screening are to be planted and installed on Said Plat as shown on the landscape plan attached as Exhibit C. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Developer shall not plant any fruit bearing trees within the landscaped islands. All landscaping on Said Plat as shown on attached Exhibit C shall be installed no later than June 1, 2007. Q. expense, Developer shall replace, at its own plantings on Said Plat as shown on p P P any p g attached Exhibit C that might be damaged during the construction of any future buildings on Said Plat. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. R. Other Use Restrictions. On all lots within 30 feet of any wetland, the native vegetation within said 30 feet of the wetland shall not be fertilized or mowed or otherwise disturbed. On all lots within 30 feet of any wetland, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any phosphorus -based fertilizers or herbicides within fifty (50) feet of any wetland or lake. 2. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of • curb and gutter, sidewalks, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and 63 parking lots, drainage swales, berming, and like items as necessary, street cleanup is during project development, and erosion control, all as required by City ordinance, except that Developer shall not be responsible for installing any such improvements on any lot other than Lot 2, Block 1 Albertville Medical Building. All private streets shall be installed according to the plans and specifications for Albertville Medical Building, as prepared by HDR Jordan Architects and Paramount Engineering and Design dated , 2006 and on file with the City Clerk. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface, ponding or wetlands. Said on- and off -site improvements shall be installed no later than June 1, 2007, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat, and except that the parking lot for Lot 2, Block 1, which may be constructed when a building is constructed on such lot. B. Developer shall, at its own expense, cause the following items to be installed within Said Plat, all such items to be installed under ground, within the street right of way or within the private street easements or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; • iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier. In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. D. Developer has submitted a lighting plan for Said Plat showing all existing and proposed lights. All light poles and exterior lights will be a 90-degree full cut-off. Developer shall install said lights on Said Plat in substantially the same location, configuration and material as shown on attached Exhibit D. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date • that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a temporary certificate of occupancy shall be issued if all on- and off -site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 30t' following the issuance of the occupancy permit. 3. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this Agreement shall be performed. Said letter of credit or surety shall be in the amount of $49,500.00 representing the sum of $34,500.00 for on- and off -site improvements and 150% of the estimated cost for landscaping/screening materials ($15,000.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. Upon default and notice to the Developer as required by paragraph 13 of this Agreement, the City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements described above, erosion control, and other such measures), to pay liens on property . to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, or to otherwise fulfill the obligations of Developer under this Agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this Agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the • Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the 65 original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 4. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the on- and off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the on- and off -site Improvements which have been fully completed and payment made therefore. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When the Developer has fulfilled all of its obligations under this Agreement. is iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 5. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent • vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing • of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 6. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of Said Plat without objection. 7. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $1,600.00 per acre and $1,400.00 per acre respectively, upon development of said Plat. There are 1.14 acres owned by Developer in said Plat, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all of Developer's property receiving final plat approval is $3,420.00 ($1,824.00 in sewer fees calculated as $1,600.00 x 1.14 acres and $1,596.00 in water fees calculated as $1,400.00 x 1.14 acres). 0 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit F. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. 67 Developer agrees to clean the streets on a daily basis if required by the City. Developer • further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 11. Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 12. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City (but excluding willful acts of City employees or agents unless such acts are undertaken in response to an emergency situation), Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the • property. 68 • F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat depending upon when building permits are applied for and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. J. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 13. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the • Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all Z costs and attorney's fees incurred in enforcing this Agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this Agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 13(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 13A of this Agreement shall not apply to any acts or rights of the City under paragraph 317, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 14. Dedications to the City. A. Municipal Improvement Dedications. C� The Developer, upon completion of all construction work and certification of completion by the City Engineer, shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. The Developer is required to pay a cash contribution of $8,550.00 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 1.14 gross acres x $7,500 per acre = $8,550.00. Developer shall pay this amount prior to the release of the final plat by the City. 15. Phased Development. Approval of this phase of Said Plat shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future development phases. All future development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, 70 SSubdivision ordinance, and other ordinances in effect at the time such future development phases are approved by the City. 16. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the approval and development of Said Plat. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this Agreement. 17. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 18. Release of Prior Developer's Agreement. Upon the recording of this Agreement at the Wright County Recorder's Office, that Developer's Agreement titled "City of Albertville, Planned Unit Development Agreement, Prairie Run" and recorded as Document No. 940358 at the Wright County Recorder's Office, Wright County, Minnesota, is hereby released as it iapplies to the property described on Exhibit A to this Agreement. 19. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that, which is explicitly specified in this Agreement. 20. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 21. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 0 22. Integration Clause, Modification by Written Agreement Only. 71 This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 23. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Albertville Medical Building II, LLC c/o Robert Jossart 5455 Highway 169 Plymouth, MN 55442 • • 72 • 24. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Donald Peterson Its Mayor By Bridget Miller Its Clerk ALBERTVILLE MEDICAL BUILDING II, LLC BY Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by Donald Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public • 73 STATE OF MINNESOTA ) • ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2006, by , as Building II, LLC. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763)497-1930 day of of Albertville Medical • 74 • EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 2, Block 1 Outlot A All said property is located in the plat of Albertville Medical Building, City of Albertville, County of Wright, Minnesota. • • 75 EXHIBIT B Site Plan EXHIBIT C Landscape Plan EXHIBIT D Lighting Plan EXHIBIT E Signage Plan EXHIBIT F Grading Plan EXHIBIT G Access Easement for Lot 16, Block 1, Prairie Run EXHIBIT H Monument Sign Configurations • • • 76 • EXHIBIT I ACCESS EASEMENT Albertville Medical Building, LLC, a limited liability company organized under the laws of the State of Minnesota, and Albertville Medical Building Il, LLC, a limited liability company organized under the laws of the State of Minnesota, (hereinafter collectively referred to as "Developer") and , ("West Lot Owner"), hereby grant perpetual, reciprocal easements of access according to the following terms: Developer owns Lot 1 and 2, and Outlot A of the plat of Albertville Medical Building, Wright County, Minnesota ("Medical Property"). 2. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision "Prairie Run" Wright County, Minnesota ("West Property"). 3. Developer shall permit ingress and egress to and from the West Lot to 51 st Street and Wright County State Aid Highway No. 18 across the Medical Property at the location shown on the attached Exhibit A ("Shared Private Driveway"). is4. The benefited and burdened properties under this Agreement are the West Lot Property and the Medical Property respectively. The owner of the West Lot agrees to construct at its own expense those portions of the Shared Private Driveway to be located on the Medical Property in the location shown on the attached Exhibit A, which is necessary to utilize the cross access easement. The private drive shall be constructed to the same weight and width specifications as required by the Development Agreement for the Medical Property, unless other specifications are required by the City of Albertville at the time of construction. 6. The owner of the West Lot agrees that the costs of maintenance and repair of that portion of the Shared Private Driveway, which is located on the West Lot, shall be borne by the owner of the West Lot. The owner of the West Lot shall be responsible for the percentage of the maintenance cost of that portion of the Shared Private Driveway located on the Medical Property in proportion to the total acreage of the West Lot to the total acreage on the Albertville Medical Building plat. For purposes of snow removal, costs attributable to the Shared Private Drive on the Medical Property shall be apportioned proportionate to the amount of square footage of Shared Private Drive on the Medical Property to the total square footage of parking lot and total private drive on the Medical Property. Other maintenance costs shall be apportioned based on actual maintenance costs incurred for work on the Shared Private Drive located on the Medical Property. 0 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared 77 Private Driveway shall be erected, condoned or permitted by the owner of any property is benefited by the Shared Private Driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the Shared Private Driveway to utilize the Shared Private Driveway, nor shall any owner allow traffic to use said Shared Private Driveway which has a weight rating which exceeds the weight rating for which said Shared Private Driveway was designed and constructed. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} E • 78 • CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE DEVELOPMENT AGREEMENT ALBERTVILLE MEDICAL BUILDING (Albertville Medical Building, LLC) THIS AGREEMENT, entered into this day of , 2006 by and between Albertville Medical Building, LLC, a Minnesota Limited Liability Company ("Developer"), and the CITY OF ALBERTVILLE, a political subdivision of the State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is a portion of the property proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albertville Medical Building" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer has received final plat approval for 1 numbered lot that it owns within Said Plat; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, approval of a Planned Unit Development is required to permit development of Said Plat in the manner proposed by the Developer; and WHEREAS, the City has given preliminary and final plat approval to Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to sidewalk, curb and gutter, grading, sanitary sewer, municipal water, storm sewer (hereafter S "Municipal Improvements") be installed to serve Said Plat and other properties affected by the development of Developer's land, to be installed and financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be • installed by the Developer within Said Plat, which improvements consist of paved private streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site -related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby granted approval with a Planned Unit Development/Conditional Use Permit with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph. A. The underlying zoning for said plat is B-2, Limited Business District. Developer shall comply with said zoning district provisions, as amended from time to time, except where deviations from such provisions is expressly required or permitted by this Agreement. B. Developer agrees that all buildings shall be constructed within the building envelopes illustrated on the attached Exhibit B. The exact building placement/design shall be subject to site plan approval by the City Council except where specifically set out in this Agreement. C. The building on Lot 1 Block 1 shall be constructed consistent with the elevations . attached as Exhibit H. Building and site plans for buildings to be constructed on other lots in Said Plat shall first be submitted to the City for approval. D. At the time of the recording of this Agreement at the Wright County Recorder's Office, Developer shall record a cross -parking and access easement which will allow mutual cross -parking and access between Lot 1, Block 1 in Said Plat and Lot 2, Block 1, Albertville Medical Building. Such cross parking easements must meet the approval of the City Attorney as to form and content. E. The trash enclosure for the building located on Lot 1, Block 1 shall be directly adjacent to the property line as shown on Exhibit B. F. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial zoning, Developer shall make available the permanent, non-exclusive access easement as shown on the attached as Exhibit I, to the owner of Lot 16, Block 1 of the subdivision "Prairie Run" (herein after "West Lot"), to allow access across Outlot A in Said Plat and Lot 2, Block 1, Albertville Medical Building (collectively, the burdened property) and the West Lot (the benefiting property) utilizing the private drive in Said Plat to provide access to County Road 18 under the following terms: 7. The owner of the West Lot purchases Outlot A for the fair market value of said Outlot A as determined by an appraiser agreed upon by the Developer • and the owner of the West Lot. In the event the Developer and owner of the tWest Lot are unable to agree, the Albertville City Council shall appoint an appraiser who shall determine the fair market value. The cost of such appraisal shall be paid by the owners of Lots 1 and 2, Albertville Medical Building and the owner of the West Lot, with each such lot bearing one- third of the appraisal cost. 8. The owner of the West Lot agrees to construct those portions of the private driveway located on Said Plat necessary to utilize the access easement. The private drive shall be constructed to the same weight and width specifications of the private drives as required by this Development Agreement, unless other specifications are required by the City of Albertville at the time of construction; 9. The owner of the West Lot agrees that the costs of maintenance and repair of those portions of the shared private driveways which are located on the West Lot shall be borne by the owner of the West Lot. The owner of the West Lot shall be responsible for 100% of the maintenance cost of that portion of the shared private driveway located on Outlot A of Said Plat. Developer and the owner of the West Lot may alter this cost sharing formula by mutual agreement. 10. The owner of the West Lot and the Developer agree that except for temporary • and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the private driveway shall be erected, condoned or permitted by the owner of any property benefited or burdened with the private driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited or burdened property, their tenants, invitees and licensees to fully utilize the shared private driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 11. The owner of the West Lot agrees to join in the Reciprocal Easement and Operating Agreement ("Maintenance Agreement") as approved by the City Attorney and that will be executed by the owners of all lots on the Albertville Medical Building plat. Said Maintenance Agreement shall provide for the maintenance of the easement area shown on Exhibit I and shall provide that the cost of maintaining the easement area shown on Exhibit I shall be divided • equally (one-third each) between the owners of Lot 1, Block 1 and Lot 2 Block 1 of the Albertville Medical Building plat and the owner of the West Lot. 81 12. Developer shall enter into an easement agreement with the owner of the • West Lot in substantially the same form and substantially the same terms as shown on the attached Exhibit J, provided the owner of the West Lot agrees to enter into said easement agreement. If the owner of the West Lot does not enter into said easement agreement, Developer shall not be obligated to provide access to the West Lot as set out in this paragraph I.F. G. Developer shall construct the number of parking stalls on Said Plat in the locations and dimensions as shown on the attached Exhibit B H. All minimum building setbacks shall be in accordance with City, County and State ordinances and laws. I. Developer shall construct all private streets on Said Plat and that portion of the private street located on Lot 2, Block 1, Albertville Medical Building, to a minimum width of 24 feet from back of curb to back of curb, in the locations as shown on the attached Exhibit B. Said private street shall be constructed in such a manner that it may be expanded in the future to provide access pursuant to the provisions of Paragraph 1(F) of this Agreement. Parking shall be prohibited at all times on all private streets, and all private streets shall be posted with "no parking" signs installed by the Developer. Parking on the private streets shall not be permitted unless specifically allowed by the Albertville City Council. Developer shall install "No Parking" signs on the private streets in locations required by the City Engineer. J. Developer shall maintain all private streets on Said Plat in a commercially reasonable manner such that the streets are paved and plowed at all times and such that cars and emergency vehicles can safely pass on said roads at all times. At the time of recording of this Agreement at the Wright County Recorder's Office, Developer shall record the Maintenance Agreement which requires all lots on the Albertville Medical Building plat to maintain said private streets in a commercially reasonable manner as required by this Agreement. Such Maintenance Agreement must meet the approval of the City Attorney as to form and content. Upon recording of such document, the owner of Lot 1, Block 1 of Said Plat shall be the responsible party to cause such required maintenance to be performed and shall also oversee all billing and collection of the pro-rata share of the cost of such maintenance from such other lots which have agreed to pay for such maintenance. K. In the event the private streets are not maintained in accordance with this Agreement such that said private streets pose a safety hazard to the general public, the City shall provide forty-eight hours notice of deficient maintenance to the owners of all of the lots in Said Plat, after which time the City may, but shall not be required to, immediately take whatever reasonable steps are necessary to correct said safety hazard. In such event, the City may bill Developer for its portion of the cost of such correction, said cost to be split among all of the lots in the Albertville Medical Building plat in the same • proportion as each lot's square footage is to the total square footage of all numbered lots 82 in the Albertville Medical Building plat. Developer shall pay such billed cost within 30 days of billing by the City. L. The Maintenance Agreement shall also require that the owners of all lots in the Albertville Medical Building plat maintain all ponds, common areas and monument signs within the Albertville Medical Building Plat in a commercially reasonable manner. M. Monument signs will be allowed in the specified locations and in the configurations shown on the attached Exhibits F and H. The Maintenance Agreement shall specify which portions of the monument signs may be used by the lots within the Albertville Medical Building Plat. Developer shall provide the owner of Lot 2, Block 1, Albertville Medical Building Plat with easements necessary to maintain such signs. N. Developer has submitted a signage plan for Said Plat showing all existing and proposed signs. All signs shall have white lettering with a dark background. All signs shall be in substantially the same location, configuration, height and material as shown on attached Exhibit F. O. Building signs shall not exceed 15% of the building face. Building signs will be allowed on the front and rear of the buildings, or one side in lieu of a rear building sign. P. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. Q. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit C. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Developer shall not plant any fruit bearing trees within the landscaped islands. All landscaping on Said Plat as shown on attached Exhibit C shall be installed no later than June 1, 2007. R. Developer shall replace, at its own expense, any plantings on Said Plat as shown on attached Exhibit C that might be damaged during the construction of any future buildings on Said Plat. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. S. Other Use Restrictions. On all lots within 30 feet of any wetland, the native vegetation within said 30 feet of the wetland shall not be fertilized or mowed or otherwise disturbed. On all lots within 30 feet of any wetland, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the • flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner 83 of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any phosphorus -based fertilizers or herbicides within fifty (50) feet of any wetland or lake. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertville Medical Building, as prepared by Paramount Engineering and Design dated , 2006 and on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, curb, gutter, and sidewalk. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by June 1, 2007. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Prior to acceptance of the Municipal Improvements by the City, Developer shall • provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers and an action is brought in District Court to enforce a lien on the property, the City reserves the right to draw upon Developer's surety after notice pursuant to paragraph 14A of this Agreement, and pay the disputed amount into the Court. D. The City shall, at its option, have the consulting City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all consulting engineering costs incurred by the City during said inspections. Provided, however, that Developer shall not be obligated to reimburse the City for salaries of City Employees and other fixed costs not incurred solely in connection with said inspection. • 84 • 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved streets, curb and gutter, sidewalks, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance, except that Developer shall not be responsible for installing any such improvements on Lot 2, Block 1 Albertville Medical Building except for the private drive connecting Said Plat to CSAH 18. All private streets shall be installed according to the plans and specifications for Albertville Medical Building, as prepared by HDR Jordan Architects and Paramount Engineering and Design dated , 2006 and on file with the City Clerk. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface, ponding or wetlands. Said on- and off -site improvements shall be installed no later than June 1, 2007, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within Said Plat, all such items to be installed under ground, within the street right of way • or within the private street easements or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier. In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit D. Developer agrees to have all utilities installed according to this Exhibit D. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to 85 the lots during building construction. is E. Developer has submitted a lighting plan for Said Plat showing all existing and proposed lights. All light poles and exterior lights will be a 90-degree full cut-off. Developer shall install said lights in substantially the same location, configuration and material as shown on attached Exhibit E, except that Developer shall not be responsible for the installation of lights on Lot 2, Block 1, Albertville Medical Building. F. Developer has submitted a grading plan for Said Plat attached as Exhibit G. Developer shall implement the grading plan, including the grading on Lot 2, Block 1, Albertville Medical Building, in a manner that will minimize soil erosion. G. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a temporary certificate of occupancy shall be issued if all on- and off -site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 30t' following the issuance of the occupancy permit. 4. Surety Requirements. 0 A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this Agreement shall be performed. Said letter of credit or surety shall be in the amount of $270,500.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($145,000.00), 100% of the estimated cost of the private streets ($88,000.00), and 150% of the estimated cost for landscaping/screening materials ($37,500.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. Upon default and notice to the Developer as required by paragraph 14 of this Agreement, the City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this Agreement. • 86 • C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this Agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this . Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. • 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and on- and off -site improvements which have been fully completed and payment made therefore. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 87 ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. D. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement, except that the portion of the letter of credit or other surety attributable to the wetland mitigation, if any, may remain in force for • a period of five years or until the City Council has determined that the mitigated wetlands will remain viable and no further monitoring is necessary. 6. Abandonment of Proiect - Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. is 88 e 7. Developer to Pa Ci 's Costs and Expenses. n y n It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of Said Plat without objection. 8. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $1,600.00 per acre and $1,400.00 per acre respectively, upon development of said Plat. There are 3.67 acres owned by Developer in said Plat, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all of Developer's property receiving final plat approval is $11,010.00 ($5,872.00 in sewer fees calculated as $1,600.00 x 3.67 acres and $5,138.00 in water fees calculated as $1,400.00 x 3.67 acres). 0 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit G. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or • indirect result of the construction that takes place in Said Plat. 89 Developer agrees to clean the streets on a daily basis if required by the City. Developer . further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the city. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 12. Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City (but excluding willful acts of City employees or agents unless such acts are undertaken in response to an emergency situation), Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the isproperty. • F. The Developer represents to the City that Said Plat complies with all City, count p p tY p t1'� y, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process toof expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat depending upon when building permits are applied for and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 14. Violation of Agreement. E. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this Agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this Agreement. M F. Notwithstanding the 30-day notice period provided for in paragraph 14(A) above, in • the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. G. Paragraph 14A of this Agreement shall not apply to any acts or rights of the City under paragraph 4F, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. H. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 15. Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon completion of all construction work and certification of completion by the City Engineer, shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. The Developer is required to pay a cash contribution of $27,525.00 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 3.67 gross acres x $7,500 per acre = $27,525.00. Developer shall pay this amount prior to the release of the final plat by the City. 16. Administrative Fees. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.25% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $ .00. Seventy-five percent of this fee shall be paid upon issuance of the final Plat with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements. This administrative fee shall be the only compensation paid to the City for the time City employees (exclusive of non -City is consultants; and the City building inspector, whose fees are governed by the 92 City Building Code) put forth in administering the development of Said Plat. The City reserves the right to claim additional compensation for employee time incurred by City employees arising out of a default under this Agreement by the Developer. 17. Phased Development. Approval of this phase of Said Plat shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future development phases. All future development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the approval and development of Said Plat. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this Agreement. 19. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 20. Release of Prior Developer's Agreement. Upon the recording of this Agreement at the Wright County Recorder's Office, that Developer's Agreement titled "City of Albertville, Planned Unit Development Agreement, Prairie Run" and recorded as Document No. 940358 at the Wright County Recorder's Office, Wright County, Minnesota, is hereby released as it applies to the property described on Exhibit A to this Agreement. 21. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that, which is explicitly specified in this Agreement. 22. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, . engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all 93 reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 40 23. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 24. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 25. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Albertville Medical Building, LLC c/o Robert Jossart 5455 Highway 169 Plymouth, MN 55442 26. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Donald Peterson Its Mayor • 94 • 0 By Bridget Miller Its Clerk ALBERTVILLE MEDICAL BUILDING, LLC Its: STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by Donald Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2006, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 95 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by , as of Albertville Medical Building, LLC. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 • 0 • EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 1, Block 1 All said property is located in the plat of Albertville Medical Building, City of Albertville, County of Wright, Minnesota. • 97 EXHIBIT B Site Plan EXHIBIT C Landscape Plan EXHIBIT D Sanitary Sewer, Water Main, Storm Sewer and Street Plan EXHIBIT E Lighting Plan EXHIBIT F Signage Plan EXHIBIT G Grading Plan Elevations for building on Lot 1, Block 1 & Monument Sign Layout EXHIBIT I Easement area drawing 0 98 • EXHIBIT J ACCESS EASEMENT Albertville Medical Building, LLC, a limited liability company organized under the laws of the State of Minnesota, and Albertville Medical Building Il, LLC, a limited liability company organized under the laws of the State of Minnesota, (hereinafter collectively referred to as "Developer") and , ("West Lot Owner"), hereby grant perpetual, reciprocal easements of access according to the following terms: 1. Developer owns Lot 1 and 2, and Outlot A of the plat of Albertville Medical Building, Wright County, Minnesota ("Medical Property"). 2. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision "Prairie Run" Wright County, Minnesota ("West Property"). 3. Developer shall permit ingress and egress to and from the West Lot to 5Is' Street and Wright County State Aid Highway No. 18 across the Medical Property at the location shown on the attached Exhibit A ("Shared Private Driveway"). 4. The benefited and burdened properties under this Agreement are the West Lot Property and 0 the Medical Property respectively. The owner of the West Lot agrees to construct at its own expense those portions of the Shared Private Driveway to be located on the Medical Property in the location shown on the attached Exhibit A, which is necessary to utilize the cross access easement. The private drive shall be constructed to the same weight and width specifications as required by the Development Agreement for the Medical Property, unless other specifications are required by the City of Albertville at the time of construction. 6. The owner of the West Lot agrees that the costs of maintenance and repair of that portion of the Shared Private Driveway, which is located on the West Lot, shall be borne by the owner of the West Lot. The owner of the West Lot shall be responsible for the percentage of the maintenance cost of that portion of the Shared Private Driveway located on the Medical Property in proportion to the total acreage of the West Lot to the total acreage on the Albertville Medical Building plat. For purposes of snow removal, costs attributable to the Shared Private Drive on the Medical Property shall be apportioned proportionate to the amount of square footage of Shared Private Drive on the Medical Property to the total square footage of parking lot and total private drive on the Medical Property. Other maintenance costs shall be apportioned based on actual maintenance costs incurred for work on the Shared Private Drive located on the Medical Property. • 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Driveway shall be erected, condoned or permitted by the owner of any property • benefited by the Shared Private Driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the Shared Private Driveway to utilize the Shared Private Driveway, nor shall any owner allow traffic to use said Shared Private Driveway which has a weight rating which exceeds the weight rating for which said Shared Private Driveway was designed and constructed. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} 100 10.27" • • • ,,, O U z 0 Sv �a aH �z o U zzW � a � o z • m ~ � v U U U U z V O � � w a W A w z 0 z o w x x Q o a 0 o z x 0 Q a d x W a a +W w o x 0 °a H z 0 t®I s TO: City Council FROM: Larry Kruse DATE: September 1, 2006 RE: Audio Visual (AV) Equipment for City Hall REQUEST FOR COUNCIL ACTION BACKGROUND The City contracted with Elert and Associates to develop specifications for AV equipment in the City Hall. On August 30, the City opened bids with the following results: Albertville AV Bid Tabulation vairiance From Total Apparent Name Bid Bond Base Bid Alternate 1 Alternate 2 Alternate 3 Total Low Yes Dascom $108,813.00 $45,197.00 $3,059.00 $2,875.00 $159.944.00 "M Space Yes $121 ,595.00 $45,055.84 $2,623.95 $2,438.32 $171,713.11 $11 ,769.11 ,Tierney Brothers Yes $135,027.99 1 $46,341.96 $3,532.72 1 $2,679,70 $187,782.37 $27,838.37 AVI Yes $169,856.50 $44.341.44 1 $3,670.98 1 $3,306.84 1 $211 ,175.76 1 $51 ,231.7E Attached is a detail listing of the Audio Visual items being bid. Alternate No. 1 provides all the equipment to broadcast over our cable franchise public channel. Alternate No. 2 provides the monitor and related equipment for a conference room. We have two conference rooms, so you may take this times two. Alternate No. 3 provides for a flat screen TV in the assembly area outside of the Council Chambers. As of Friday, I have not received a recommendation from our consultant. I will work with him prior to Tuesday's meeting so we can try and make a decision Tuesday night. My initial suggestion is to accept the base bid and equip one conference room (Alternate No. 2) for a total price of $111,872. 0 I will present additional information at Tuesday's City Council meeting. M:\Public Data\Requests for Council Actions (RCA)\2006\Audio Visual RCA for City Hall.doc • • • City of Albertville Council Chambers A V RFB APPENDIX A — BAsE BID EQUIPMENT SCHEDULE Desig Description Manufacturer Model Qty Unit Price Ext. Price ACR1 Audio Combiner RDL STD-IOK 2 ACR2 Audio Combiner RDL STD-600 1 ALS 1 Assistive Listening Williams Sound PPA T35 1 ALS2 Assistive List. Rcvr Williams Sound PPA R35-8N 5 ALS3 Rack Mount Williams Sound RPK 005 1 ALS4 Headphone Williams Sound HED 026 5 ALSS Neck Loop Williams Sound NKL 001 1 ALS8 Wall Mount Antenna Williams Sound ANT 024 1 ALS9 ADA Wall Plaque Williams IDP 008 1 AMPI Power Amplifier QSC CX108V 1 CAM1 CCTV Camera Panasonic WV-CP244 1 CAM1 Lens Panasonic WV-LZA61/2S 1 CAMI Wall Bracket Panasonic PUM8 I CAM] Power Supply for CCTV As Required As Required 1 CBL 1 Microphone Cable Shure C25E 1 CCD1 Closed Caption Decoder Link PCD-85R 2 CRT AV Cart Video Furniture AV16RU-GM 1 DCMI Ceiling Doc Cam WolfVision VZ-C12 1 See DPC1 Presentation PC Dell Specification 1 DPC2 Wireless K/M Interlink Electronics VP6210 1 DVII DVI Interface Extron 60-808-01 1 DVVI DVD/VCRCombo Panasonic AG-VP320 3 ICA 1 IR Probe Crestron IRP2 6 ICA2 Video Sync Sensor Crestron ST-VS 1 ICA3 Rack Mount Crestron ST-RK 1 ICB I Wired Button Panel Crestron C2N-DB8W 1 ICC1 1/0 Card Crestron CNXIO-16 I ICGI 802.1 Ig Access Point As Required As Required l ICPI Wired Touchpanel Crestron CT-1550 1 ICS1 Tabletop Interface Crestron C2N-FT-TPS4 1 ICS2 Integrated Controller- Crestron PRO2 I ICS3 Ethernet Card Crestron C2ENET-1 1 ICW1 Wireless 10.4" touchpanel Crestron TPMC-10 I ICW1 Docking Station Crestron TPMC-10-DS 1 INT1 Cable Interface Extron 60-716-OA 1 LMP1 Spare Lamp Sanyo 610 328 7362 1 LMP2 Spare Lamp Sanyo 610 305 5602 1 LNS1 Projection Lens Sanyo LNS-T31A I LTCI Laptop Cable Extron 26-566-02 I LTC2 Laptop Cable Extron 26-490-03 3 MBSI Microphone Base Audio Technica AT861R.S 3 MIC] Microphone Elements AKG CK47 7 MIC1 Gooseneck Section AKG GN30E 7 f< Elert & Associates Appendices Page 76 City of Albertville Council Chambers AV RFB MIC2 Shock Mount AKG H500 • 9 MIC3 Gooseneck Mies AKG CGN521E 2 MIC4 Lav Mic Audio Technica 831 cW 1 MICS Handheld Microphone Shure VP64A I MIC6 Gooseneck Adjustable Audio Technica ES915/C 3 MIXI DSP Mixer Lectrosonics DM16/24 1 See MIX2 Mixer Control Interface Custom Specification I MXXI VGA Matrix Extron 60-635-21 1 Ceiling Bracket for Doc MNT2 Cam WolfVision As Required 1 MNT3 Ceiling Mount Chief Mfg RPA-985 1 MNT4 Ceiling Mount Chief Mfg RPA-140 1 MNTS Underdesk Mounting Kit Extron 70-077-01 2 LCD 1570NX- MON2 15" LCD Monitor NEC/Mitsubishi BK 11 PAC1 Power Dist, AC SurgeX SX1115R 1 PAC2 Power Dist. AC Middle Atlantic PD1415C 4 PDC1 Power Dist. DC Calypso Control PDU75-12/5 l PRJ1 Data/Video Projector Sanyo PLC-XP57L 1 PRJ2 DataNideo Projector Sanyo PLC-XT16 1 RCK1 Equipment Rack Middle Atlantic MRK-4431- LRD 4 RCK2 Vented Rear Door Middle Atlantic MW-VRD-44 4 RCK3 Side Panel, Pr Middle Atlantic SPN-44-312 1 RCK4 Top Panel Middle Atlantic MW-VT 4 RCK5 Work Surface Middle Atlantic WS3-M31-18 1 RCK6 Rack Insert Raxxess ROTR-XL- I ORU I RKAI Rackshelf Extron 60-190-10 4 Flatscreen Mounting RKA2 Bracket Winsted 92186 1 RKA3 Rack Drawer Middle Atlantic D3 3 RMT1 2RU Rack Shelf Middle Atlantic U2 6 RMT2 3RU Rack Shelf Middle Atlantic U3 2 SCA1 Scaler Extron 60-736-01 1 SCMI Screen, Motorized Draper 101184 1 SCM2 Screen, Motorized Draper 101271 1 SCM3 Trim Kit for SCM 1 Draper 121207 1 SCM4 Trim Kit for SCM2 Draper 121203 1 SPCI Ceiling Loudspeakers Tannoy CMS50IBM 22 SSTI Still Store Extron 60-684-01 1 SSWI System Switcher Extron 60-532-02 2 USB 1 USB Extender Gefen EXT-USB-100 1 US132 USB Hub Linksys USBHUB4C I UTR1 VGA UTP Rcvr Extron 60-670-01 3 UTR2 AN UTP Rcvr Extron 60-541-31 2 UTX1 VGA UTP Xmit Extron 60-669-01 3 UTX2 AN UTP Xmit Extron 60-540-31 2 VDA1 Video DA Ix2 Extron 60-439-01 1 WMITI Wireless Mic - HIT Audio Technica ATW-314la I WML1 Wireless Mic - Lay. Audio Technica ATW-3110a I Elert & Associates Appendices page 77 City of Albertville Council Chambers AV RFB is Camera Wall Plate See WPT2 (CAMI) Custom Specification 1 Camera Wall Plate See WPT3 (CAM2) Custom Specification 3 See WPT4 Floor Box Plate (102) Custom Specification 1 Staff Table Floor Box See WPTS Plate Custom Specification 2 See WPT6 Podium Floor Plate Custom Specification 1 XDA1 VGA DA lx6 Extron 60-245-03 2 XDA2 VGA DA Ix4 Extron 60-246-03 2 XDA3 VGA DA lx2 Extron 60-506-01 1 FAST TRACK RECI USB Audio Interface M-Audio PRO 1 REC2 Recording Software Soniclear GASFL 1 REC3 USB Foot Pedal Soniclear USBFP I FRN1 Podium Mulnix IP-CA-1 1 Misc Parts I Installation 1 Programming 1 Remainder of Work (All other costs) I Base Total %%t`® �13 - • V, Eleri & Associates Appendices Page 78 City of Albertville A PENDt% B — ALTERNATES Alternate #1: Provide, install, and configure following equipment: Desig Description Manufacturer Model CAM2 PTZ Camera 3CCD Vaddio 999-6204-000 DVH1 HD/DVD Recorder Toshiba RD-XS55 DVV2 DVD/VHS Recorder Toshiba D-VR5 LED1 LED Indicator RDL RU-SM16 LED1 Power Supply RDL PS-24K 6.8" LCD Dual MON3 Monitor Marshall V-R682P 4" LCD Triple MON4 Monitor Marshall V-R43P MON5 14" Monitor Toshiba 14AF45 SWBI Broadcast Switcher Vaddio ProductionView SWV1 AV Switcher Extron 60-487-31 SWV2 Video Switcher Extron 60-483-01 VDA2 Video DA Ix6 Extron 60-692-01 Waveform WAV1 Vectorscope CompuVideo SVR-I100A RMT2 Rack Mount Option CompuVideo for SVR-1100A • SCN1 Scan Convert Tview Gold Focus Enhancements ICC2 IR/Serial Card Crestron C2IR-8 • Misc Parts Installation Programming Remainder of Work (All other costs) Elert & Associates Appendices Council Chambers A V RFB Qty Unit Price 4 1 2 2 1 1 2 2 I 1 1 1 1 1 1 1 1 Ext. Price Alternate #1 Total® Page 79 City of Albertville Council Chambers AV RFB • Alternate #Za Provide, install, and configure following equipment: Desig Description Manufacturer Model Qty Unit Price Ext. Price MON6 32" LCD Monitor Sampo LME-32X8 1 MNT1 Wall Monitor Mount Chief Mfg MTR6305 1 Conference Room See WPTI Plate Custom Specification 1 See WPT8 Floor Box Plate Custom Specification 1 LTC2 Laptop Cable Extron 26-490-03 3 Misc Parts I Installation I Remainder of Work (All other costs) 1 Alternate #2 Total 30 Alternate #3• Provide, install, and configure following equipment: • Desig Description Manufacturer Model Qty Unit Price Ext. Price MON1 32" LCD Monitor Sampo LME-32X8 1 MNT1 Wall Monitor Mount Chief Mfg MTR6305 1 See WPT7 Monitor Wall Plate Custom Specification l Misc Parts Installation Programming Remainder of Work (All other costs) Alternate #3 a 9 7�. � Total i • Elert & Associates Appendices Page 80 Systems Group, LLC Bill to City of Albertville PROPOSAL Ship to: Proposal Date: 8/29/* Proposal Valid for: 30 ITEM QTY MODEL MFG. DESCRIPTION UNIT PRICE EXT. PRICE Base Bid Equipment Schedule 1.00 2 STD-1 OK RDL Combiner 42.00 84.00 1.01 1 STD-600 RDL Audio Combiner 43.00 43.00 1.02 1 PPA T35 William Sound Assistive Listening 564.00 564.00 1.03 5 PPA-R35-8N William Sound Assistive Listening Receiver 109.00 545.00 1.04 1 RPK 005 William Sound Rack Mount Kit 40.00 40.00 1.05 5 HED 026 William Sound Headphone 13.00 65.00 1.06 1 NKL 001 William Sound Neck Loop 37.00 37.00 1.07 1 ANT 024 William Sound Wall Mount Antenna 106.00 106.0 1.08 1 IDP-008 William Sound ADA Wall Plague 5.00 5. 1.09 1 CX108V QSC Power Amplifier 1,275.00 1,275.00 1.10 1 WV-CP244 Pansonic CCTV Camera 189.00 189.00 1.11 1 WV-LZA61/2S Pansonic Lens 70.00 70.00 1.12 1 PUM8 Pansonic Wall Bracket 16.00 16.00 1.13 1 XF2420 Amseco Power Supply 8.00 8.00 1.14 1 C25E Shure Microphone Cable 23.00 23.00 1.15 2 PCD-85R Link Closed Caption Decoder 180.00 360.00 1.16 1 AV16RU-GM VFI Video cart 480.00 480.00 1.17 1 VZ-C12 Wolfvision Ceiling Document Camera 10,900.00 10,900.00 1.18 1 Presentation PC Dell Presentation PC 1,100.00 1,100.00 1.19 1 VP6210 Interlink Wireless K/M 178.00 178.00 Electronics 1.20 1 60-808-01 Extron DVllnterface 610.00 610.00 1.21 3 AG-VP320 Panasonic DVD/VCR Combo 192.00 576.00 1.22 6 IRP2 Crestron IR Probes 35.00 210.00 1.23 1 ST-VS Crestron Sync Sensor 430.00 430.00 1.24 1 ST-RK Crestron Rack Mount Kit 90.00 90.00 1.25 1 C2N-DB8W Crestron Wired Button Panel 165.00 165.00 1.26 1 CNXIO-16 Crestron 1/0 Card 430.00 430.00 1.27 1 Misc. DSG 801.11g Access Point 70.00 70.00 1.28 1 CT-1550 Crestron Wired Touch Panel 999.00 999.00 1.29 1 C2N-FT-TPS4 Crestron Tabletop Interface 1,160.00 1,160.00 1.30 1 PRO2 Crestron Intergrated Controller 2,175.00 2,175.0 1.31 1 C2NET-1 Crestron Ethernet Card 555.00 555. 1.32 1 TPMC-10 Crestron 10.4" Wireless Touchpanel 2,400.00 2,400. 1.33 1 TPMC-10-DS Crestron Docking Station 310.00 310.00 1.34 1 60-716-OA Extron Cable Interface 260.00 260.00 Dascom Systems Group, Inc. Page 1 of 5 ITEM CITY MODEL MFG. DESCRIPTION UNIT PRICE EXT. PRICE 1 610-328-7362 Sanyo Spare lamp 420.00 420.00 •1.35 1.36 1 610-305-5602 Sanyo Spare lamp 420.00 420.00 1.37 1 LNS-T31 A Sanyo Projection Lens 2,100.00 2,100.00 1.38 1 26-566-02 Extron Laptop Cable 34.00 34.00 1.39 1 26-490-03 Extron Laptop Cable 38.00 38.00 1.40 3 AT 8615RS Audio Technica XLR Mic Base w/Mute Button 46.00 138.00 1.41 7 CK 47 AKG Microphone Capsule 300.00 2,100.00 1.42 7 GN30E AKG Gooseneck Section 185.00 1,295.00 1.43 9 H500 AKG Shock Mount 46.00 414.00 1.44 2 CGN521 E AKG Gooseneck Mic 156.00 312.00 1.45 1 831cW Audia Technica AT831c terminated with locking 4-pin 70.00 70.00 HRS connector. Wireless Essentials® mic for A-T UniPakTM transmitters 1.46 1 VP64A Shure Handheld Microphone 88.00 88.00 1.47 3 ES915/C Audio Technica Gooseneck Adjustable 199.00 597.00 1.48 1 DM1624 Lectrosonics DSP Mixer/Processor 3,300.00 3,300.00 1.49 1 Custom DSG Mixer Control Interface 220.00 220.00 1.50 1 60-635-21 Extron MVX 44 VGA A 744.00 744.00 1.51 1 Cam Wolfvision Camera Bracket 225.00 225.00 1.52 1 RPA-985 Chief Projector Mount 149.00 149.00 1.53 1 RPA-140 Chief Projector Mount 149.00 149.00 1.54 2 70-077-01 Extron Under Table Mounting Kit 33.00 66.00 1.55 11 LCD1570NX-BK NEC 15" LCD Monitor 310.00 3,410.00 1 SX1115R SurgeX Power Distribution 438.00 438.00 •1.56 1.57 4 PD1415C Middle Atlantic Power Distribution 97.00 388.00 1.58 1 PDU75-12/5 Calypso Control Power Dist DC 0.00 1.59 1 PLC-XP57L Sanyo Data Video Projector 5,350.00 5,350.00 1.60 1 PLC-XT16 Sanyo Data Video Projector 3,450.00 3,450.00 1.61 4 MRK-4431-LRD Middle Atlantic Equipment Rack 647.00 2,588.00 1.62 4 MW-VRD-44 Middle Atlantic Vented Rear Door 111.00 444.00 1.63 1 SPN-44-312 Middle Atlantic Side Panel, Pair 387.00 387.00 1.64 4 MW-VT Middle Atlantic Top Panel 33.00 132.00 1.65 1 WS3-M31-18 Middle Atlantic Work Surface 460.00 460.00 1.66 1 ROTR-XL 10RU Raxxess Rack Insert 333.00 333.00 1.67 4 60-190-01 Extron RSU 129 (1 U Basic Rack Shelf) 84.00 336.00 1.68 1 92186 Winsted Bracket 50.00 50.00 1.69 3 D3 Middle Atlantic Rack Drawer 110.00 330.00 1.70 6 U2 Middle Atlantic 2RU Rack Shelf 23.00 138.00 1.71 2 U3 Middle Atlantic 3RU Rack Shelf 45.00 90.00 1.72 1 60-736-01 Extron Scaler 1,600.00 1,600.00 1.73 1 101184 Draper Motorized Screen 1,890.00 1,890.00 1.74 1 101271 Draper Motorized Screen 1,610.00 1,610.00 1.75 1 121207 Draper Trim Kit for SCM1 150.00 150.00 1.76 1 121203 Draper Trim Kit for SCM2 150.00 150.00 1.77 22 CMS501BM Tannoy Ceiling Speakers 109.00 2,398.00 1.78 1 60-684-01 Extron Still Store 884.00 884.00 1.79 2 60-532-02 Extron System Switcher 610.00 1,220.00 1.80 1 EXT-USB-100 Gefen USB Exteneder 570.00 570.00 1.81 1 USBHUB4C Linksys USB Hub 30.00 30.00 1.82 3 60-670-01 Extron VGA UTP Rcvr 260.00 780.00 1.83 2 60-541-31 Extron AV UTP Rcvr 140.00 280.00 Dascom Systems Group, Inc. Page 2 of 5 ITEM QTY MODEL MFG. DESCRIPTION UNIT PRICE EXT. PRICE 1.84 3 60-669-01 Extron VGA UTP Xmit 250.00 750. 1.85 2 60-540-31 Extron AV UTP Xmit 140.00 280 1.86 1 60-439-01 Extron Video DA 120.00 120.0 1.87 1 ATW-3141 a Audia Technica ATW-R3100 receiver and ATW-T341 410.00 410.00 handheld cardioid dynamic microphone/transmitter (TV 25-30) 1.88 1 ATW-3110a Audia Technica ATW-R3100 receiver and ATW-T310 350.00 350.00 UniPakTM transmitter (TV 25-30) 1.89 1 Custom DSG Cam wall plate 1 65.00 65.00 1.90 3 Custom DSG Cam Wall Plate 2 65.00 195.00 1.91 1 Custom DSG Floor Box Staff table 110.00 110.00 1.92 1 Custom DSG Podium Floor Plate 110.00 110.00 1.93 2 60-245-03 Extron P/2 DA6xi 1 x6 VGA DA 336.00 672.00 1.94 2 60-246-03 Extron P/2 DA4xi 247.00 494.00 1.95 1 60-506-01 Extron VGA DA 1 x2 140.00 140.00 1.96 1 Fast Track Pro M Audio USB Audio Interface 255.00 255.00 1.97 1 GA5FL Soniclear Recording Software 376.00 376.00 1.98 1 USBFP Soniclear USB Foot pedal 190.00 190.00 1.99 1 IP-CA-1 Mulnix Podium 3,160.00 3,160.00 2.00 1 Misc. DSG Miscellaneous Materials 2,350.00 2,350.00 2.01 1 Labor DSG Installation and Engineering Labor 12,900.00 12,900.00 2.02 1 Labor DSG One Year On -Site Parts and Labor 1,800.00 1,800.00 Warranty 2.03 1 Labor DSG Sound Testing Contract 2,100.00 2,100.00 2.04 1 Labor DSG Training 300.00 300.00 2.05 1 Programming- DSG Control System Programming 2,870.00 2,870.0 Custom 2.06 1 Freight DSG Freight Charges 1,150.00 1,150.00 2.07 1 Bonding DSG Performance Bond 1,732.00 1,732.00 2.08 1 Tax DSG Sales Tax 6,641.00 6,641.00 Base Total: $108,813.00 Alternate #1 3.00 4 999-6204-000 Vaddio PTZ Camera 3CCD 5,670.00 22,680.00 3.01 -1 Custom DSG Cam wall plate 1 65.00 (65.00) 3.02 -3 Custom DSG Cam Wall Plate 2 65.00 (195.00) 3.03 1 RD-XS55 Toshiba HD/DVD Recorder 620.00 620.00 3.04 2 D-VR5 Toshiba DVD.VHS Recorder 279.00 558.00 3.05 2 RU-SM16 RDL LED Indicator 189.00 378.00 3.06 1 PS-24A RDL Power Supply 15.00 15.00 3.07 1 V-R682P Marshall 6.8" LCD Dual Monitor 1,189.00 1,189.00 3.08 2 V-R43P Marshall 4" LCD Triple Monitor 1,099.00 2,198.00 3.09 2 14AF46 Toshiba 14" Monitor 156.00 312.00 3.10 1 Production View Vaddio Video Production Switch 3,900.00 3,900.00 3.11 1 60-487-31 Extron SW 6AV RCA 493.00 493.00 3.12 1 60-483-01 Extron Video Switcher 493.00 493.00 3.13 1 60-692-01 Extron DA 6V EQ 211.00 211.00 3.14 1 SVR-1100A CompuVideo Waveform Vectorscope 1,709.00 1,709.00 3.15 1 Misc. CompuVideo Rack Mount Kit 155.00 155.00 3.16 1 TViewGold Focus Scan Converter 179.00 179.0 Enhancements 16 3.17 1 C21R-8 Crestron IR/Serial Card 445.00 445.00 3.18 1 Misc. DSG Miscellaneous Materials 700.00 700.00 3.19 1 Labor DSG Installation and Engineering Labor 4,890.00 4,890.00 Dascom Systems Group, Inc. Page 3 of 5 ITEM QTY MODEL MFG. DESCRIPTION UNIT PRICE EXT. PRICE 0 3.20 1 Labor DSG One Year On -Site Parts and Labor 500.00 500.00 Warranty 3.21 1 Labor DSG Training 100.00 100.00 3.22 1 Freight DSG Freight Charges 275.00 275.00 3.23 1 Bonding DSG Performance Bond 698.00 698.00 3.24 1 Tax DSG Sales Tax 2,759.00 2,759.00 Alternate #1 Total: $45,197.00 Alternate #2 4.00 1 LME-32X8 4.01 1 MTR6305 4.02 1 Custom 4.03 1 Custom 4.04 1 26-490-03 4.05 1 Labor 4.06 1 Labor 4.07 1 Freight 4.08 1 Bonding 4.09 1 Tax *Alternate #3 5.00 1 LME-32X8 5.01 1 MTR6305 5.02 1 Custom 5.03 1 Labor 5.04 1 Labor 5.05 1 Freight 5.06 1 Bonding 5.07 1 Tax Sampo 32" LCD 1,120.00 Chief LCD Wall Mount 139.00 DSG Conf Room Plate 130.00 DSG Floor Box Plate 130.00 Extron Laptop Cable 39.00 DSG One Year On -Site Parts and Labor 140.00 Warranty DSG Installation and Engineering Labor 960.00 DSG Freight Charges 155.00 DSG Performance Bond 59.00 DSG Sales Tax 187.00 Alternate #2 Total: $3,059.00 Sampo 32" LCD Chief LCD Wall Mount DSG Monitor Wall Plate DSG One Year On -Site Parts and Labor Warranty DSG Installation and Engineering Labor DSG Freight Charges DSG Performance Bond DSG Sales Tax Alternate #3 Total: Submitted by: Dave Ewing Dascom Systems Group Phone: 651-578-1200 ext. 113 2415 Ventura Drive Fax: 651-578-2555 Woodbury, MN 55125 Email: dewing@dascom-systems.com Web Site: www.dascom-systems.com Terms and Conditions: Payment Terms: Net 30 Days from Delivery 1,120.00 139.00 130.00 140.00 960.00 155.00 55.00 176.00 $2,875.00 1,120.00 139.00 130.00 130.00 39.00 140.00 960.00 155.00 59.00 187.00 1,120.00 139.00 130.00 140.00 960.00 155.00 55.00 176.00 GRAND TOTAL: $159,944.00 Dascom Systems Group, Inc. Page 4 of 5