HomeMy WebLinkAboutSP 95-01 Site Plan
ADDITIONAL
MA TERIAL/PLANS
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SEETHE M~1tMJ
PLANNING
DEPARTMENT FOR
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DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF PRIOR LAKE
AND.
JAMES E. BECKER
May 23,1994
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TABLE OF CONTENTS
ARTICLE I DEFINITIONS ....................................................... 2
SECTION 1.1 DEFINITIONS .............................................. . . . . . . 2
ARTICLE II REPRESENTATIONS AND WARRANTIES .................................. 4
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SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY ..................... 4
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE DEVELOPER ............. 4
ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY. . . ... " . . . .. . . .. . . .. . . . . .... . . 7
SECTION 3.1 ACQUISITION OF THE DEVELOPMENT PROPERTY AND SITE IMPROVEMENTS. 7
SECTION 3.2 REIMBURSEMENT: TAX INCREMENT REVENUES. . . . . . . .... ... . . . . . . . . . . 7
SECTION 3.3 GUARANTEE OF PAYMENTS ....................................... 8
ARTICLE IV EVENTS OF DEFAULT. . . . .... . . .. . ... . . . . . .. ... . . .. . . .. . . . .. . . . .. . . . . 9
SECTION 4.1 EVENTS OF DEFAULT DEFINED .................................... 9
SECTION 4.2 REMEDIES ON DEFAULT .......................................... 9
SECTION 4.3 NO REMEDY EXCLUSIVE .......................................... 10
SECTION 4.4 NO IMPUED WAIVER ............................................. 10
SECTION 4.5 AGREEMENT TO PAY ATTORNEY'S FEES AND EXPENSES ................ 10
SECTION 4.6 INDEMNIFICATION OF CITY ........................................ 10
ARTICLE V INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION 5.1 INSURANCE .................................................... 12
ARTICLE VI ADDITIONAL PROVISIONS
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SECTION 6.1 RESTRICTIONS ON USE .......................................... 13
SECTION 6.2 CONFUCTS OF INTEREST ......................................... 13
SECTION 6.3 TITLES OF ARTICLES AND SECTIONS ................................ 13
SECTION 6.4 NOTICES AND DEMANDS ......................................... 13
SECTION 6.5 COUNTERPARTS ................................................ 13
SECTION 6.6 LAW GOVERNING ............................................... 13
ARTICLE VII DEVELOPER'S OPTION TO TERMINATE AGREEMENT ...................... 14
SECTION 7.1 THE DEVELOPER'S OPTION TO TERMINATE ........................... 14
SECTION 7.2 ACTION TO TERMINATE .......................................... 14
SECTION 7.3 EFFECT OF TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 14
EXHIBIT A DESCRIPTION OF DEVELOPMENT DISTRICT ............................... A-1
EXHIBIT B DESCRIPTION OF DEVELOPMENT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
EXHIBIT C ASSESSMENT AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
EXHIBIT 0 ACQUIRED PROPERTY DEED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0-1
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the 23rd day of May, 1994, by and between the City of Prior Lake,
Minnesota (the "City"), a Minnesota municipal corporation and James E. Becker, President of Becker Arena
Products, Inc. a Minnesota corporation (the "Developer"),
WITNESSETH:
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WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134 the City has formed City
Development District No.2 (the "Development District") the legal description of which is attached hereto as
Exhibit A and has adopted a development program therefore (the "Development Program"); and
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as
amended, (hereinafter the "Tax Increment Act"), the City has created, within the Development District, an
Economic Development District No. 2.2 (the "Tax Increment District"), the legal description of which is attached
hereto as Exhibit B and has adopted a tax increment financing plan on March 8, 1994, therefore (the "Tax
Increment Plan") which provides for the use of tax increment financing in connection with development within
the Development District; and
WHEREAS, the City has requested the County to certify the original tax capacity of the Tax Increment
District pursuant to Section 469.177 of the Tax Increment Act; and
WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the
land in the Development District available for development by private enterprise in conformance with the
Development Program, the City has determined to assist the Developer with the financing of the Development
Property and Site Improvements (as defined herein) on the Development Property (as defined herein) as more
particularly set forth in this Agreement; and
WHEREAS, the City believes that the development of a certain Project (as defined herein) and the
construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City
will result in increased employment and preservation/enhancement of the tax base and is in accordance with
the public purpose and provisions of the applicable state and local laws and requirements under which the
Project has been undertaken and is being assisted. .
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto,
each of them does hereby covenant and agree with the other as follows:
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ARTICLE I
DEANITIONS
Section 1.1. Definitions. All capitalized terms used and not otherwise de1lned herein shall have the
fcIlowing meanings unless a difterent meaning clNr1y appears from the context:
ACQuired Pl'Ooertv Deed means a warranty deed, substantially in the form of the deed attached to this
Agreement as Exhibit E.1, used to conv~ the Dewlopment Property from the City to the Developer:
Aareement meant this Agreement, as the same may be frOm time to time modified. amended or
supplemented:
Business Dav means any day except a Saturday, Sunday or a legal holiday or a day on which banking
instllutions in the City are authorized by law or executive order to close;
Certificate of ComDletion means the certification in the form of the certificate attached hereto as Exhibit F
and hereby made a pan of this Agreement. provided to the Developer pUI'I\Hlnt to Section 4,2 of this
Agreement;
~ means the City of Prior Lake, Minnesota;
County means Scott County, Minnesota;
DeveloDer means James E. Becker, individually, and President and majority shareholder of Becker Arena
Products, Inc.;
DeveloDment District means the real property described in Exhibit A;
DeveloDment Proaram means the chtvelopment program approved in conn9Ction with the Development
District
Infrastructure means the municipal utilities. roadways. grading and excavation improvements specified, bid
and contracted for by the City of Prior Lake within the Waterfront Passage Business Park.
Develo.pment Property means the real property described in Exhibit B of this Agreement;
Leasl and Administrative Exoenses means the foes and oxpenses incurred in connection with the
adoption of the Tax Increment F"mancing Plan, the preparation of this Oevelopment Agreement, and the
issuance of the Tax In~ent Note;
Event of DQfault means any of the events de$cribed in Section 4.1:
Pavment Date means July 15. 1Q96, and each December 15 and July 1S of oach year thereafter to and
including December 1~. 2004; provided, that if any such Payment Date should not be a Business Oay, the
Payment Oate sl'lall be the next SUcceeding Business Day:
Proiect means the approximate 6,960 square foot production/WarehouM facility and any future expansions
of said facility to be located on the Development Property:
Site ImDrovemems means excavation, grading, filling, utility improvements and oxtensions, and access
and parking preparations:
Soil CCft'8CtIon means corrective measures or actions necessary to improve or upgrade SOIl condltlon8 on
the Development Property. Such corrective measures or actions may involve construction techniques such ..
.spread footings. and/or excavation of deficient 8OiI. and rQptacement with engineered fill. Ellgibnity of
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MAY-23-1994 14: 15 FROM ADVANCE INC.
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reimbursement for this colTOCttve action will expire as of Decembw 31, 1~. To be e1igible1or reimbursement
of these correctIVe actIOns the Oevoloper must pntSent reports prepared by . ~istervd soils enginHr and
then submit invoices documenting tM cost associated with the recommended actioM. For the purposes of
this Agreement. Soils Correction activitles shaD also include the connection Of utilitIa into the O.....lopment
Property and to the facility. To accomplish the utility conMCtlon an estimated amount Of $35/1In_lfoot.
anocated as part of the overall $24,300 allowance for Soil Correction activities. and IancI write down;
2W! means tho Stato of Minnesota;
Tax Increments means the tax increments derived from the Tax Increment District created in accordance
with the provisions of Minnesota Statutes, Section 489.177;
Tax tl'lCntment Act means the Tax Increment F'mancing Act. Minnesota Statutes. Sections 468.174 through
~.1?g, as amended;
Tax Increment District means Economic Development District No. 2-2 described in Exhibit B and qualified
as an economic d....elopment district and qualified manufacturing district under the Tax Increment Act;
Tax Increment Financina Plan mQQns the plan approved for the Tax Incremont District;
Unavoidable Delays means delays, outside the control of the party claiming its oocurrence, which are the
direct result of strikes, other tabor troubles. unusually severe or prolonged bad weether, acts of God, fire or
other casualty to the Project and/or Site Improvements, litigation commenced by third parties which, by injuno-
tlon or other similar judiCial action or by the exercise of reasonable discretion. directly results in delays, or acts
of any f&deral, state or local govemmental unit (other than tho City) which dil'9dly result in delays.
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ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City makes the following representations
and warranties:
(1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its
obligations hereunder. (
(2) The Tax Increment District is an "economic development district" within the meaning of Minnesota
Statutes, Section 469.174, Subdivision 12 and was created, adopted and approved in accordance with the
terms of the Tax Increment Act.
(3) The development contemplated by this Agreement is in conformance with the development objectives
set forth in the Development Program.
(4) To finance the costs of the activities to be undertaken by the City and Developer, the City proposes,
subject to the further provisions of this Agreement, to apply Tax Increment generated by the Tax Increment
District and other revenues identified within this Agreement, to reimburse public and private costs incurred in
the acquisition of the Development Property and the construction of the Site Improvements and Soil Correction
in the Development District as further provided in this Agreement.
(5) The City has not received any notice from any local, state or federal official that the activities of the
Developer or the City with respect to the Development Property mayor will be in violation of any environmental
law or regulation (other than those notices, if any, of which the Developer has been notified). The City is not
aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local,
state or federal environmental law, regulation or review procedure, and the City is not aware of any violation of
any local, state or federal law, regulation or review procedure which would give any person a valid claim under
the Minnesota Environmental Rights Act or other state or federal environmental statute.
(6) The City has made the findings required by Section 469.175, Subdivision 3, of the Tax Increment
Financing Act for the Tax Increment District, and has set forth in writing the reasons and supporting facts for
each determination.
(7) The City will not unreasonably delay nor withhold any consent or action requested of it by the
Developer or otherwise contemplated by this Agreement provided such consent or requested action complies
with all applicable local, state or federal laws or regulations or this Agreement.
Section 2.2. Representations and Warranties of the Developer. The Developer makes the followil1g
representations and warranties:
(1) The Developer has power to enter into this Agreement and to perform its obligations hereunder and is
not in violation of any local, state or federal laws.
(2) The Developer is an individual who serves as President and is majority shareholder of a duly
organized corporation, validly existing under the laws of this State and has full power and authority to enter into
thi~ Agreement and carry out the covenants contained herein.
(3) The Developer will cause the Project to be installed in accordance with the terms of this Agreement,
the Development Program and all local, state and federal laws and regulations (including, but not limited to,
environmental, zoning, energy conservation, building code and public health laws and regulations).
(4) The Developer will obtain or cause to be obtained, in a timely manner, all required permits, licenses
and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws
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hnd regulations which must be obtained or met before the Project may be lawfully installed.
(5) The Developer has not received any notice or communication from any local, state or federal official
that the activities of Developer or the City with respect to the development Property mayor will be in violation
of any environmental law or regulation. As of the date of the execution of this Agreement, Developer is aware
of no facts the existence of which would cause it to be in violation of any local, state or federal environmental
law, regulation or review procedure which would give any person a valid claim under the Minnesota Environ-
mental Rights Act.
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(6) The construction of the Project would not be undertaken by the Developer, and in the opinion of the
Developer would not be economically feasible within the reasonably foreseeable future, without the assistance
and benefit to the Developer provided for in this Agreement.
(7) Neither the execution and delivery of this Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is
prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any
contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the
Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing.
(8) The Developer will cooperate fully with the City with respect to any litigation commenced with respect
to the Project provided, however, that any such litigation settled by the City which would require payment by
the Developer would require that the City obtain the prior written consent of the Developer.
(9) The Developer agrees to pay the total amount of any costs, charges, expenses and attorneys fees
reasonably incurred or paid at any time by City because of any Event of Default by Developer as to any
stipulation, agreement, and covenant of this Agreement, resulting in any suit or proceeding at law or in equity
to which the City shall become a party in reference to the Developer's interest in the Property or the Project.
(10) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or
public safety problems which may arise in connection with the construction and operation of the Project; further
the Developer agrees to reimburse the City for Emergency and Public Safety Services requested by the
Developer on or at the site of the Development Property (these fees are to be paid in lieu of property taxes that
would otherwise be collected and disbursed were it not for the tax increment financing assistance proposed
herein). Reimbursement will be made for the duration of the Agreement to offset the cost of services as
determined by the City based upon the following formula:
(a) The Per Incident Response Costs shall be determined as follows:
(Q The parties shall determine the total number of incident responses made by the City for police
services to all service areas served by the City for the then current calendar year, and shall divide than number
into the total police budget for the then current calendar year. The resulting number shall be the .Per Incident
Response Cost" for police services.
(iQ The parties shall determine the total number of incident responses made by the City for fire,
rescue, ambulance and emergency medical services to all service areas served by the City for the then current
calendar year, and shall divide than number into the total fire, rescue and ambulance services budget for the
then current calendar year. The resulting number shall be the .Per Incident Response Cost" for fire and rescue
services.
In 1993, the per incident costs for emergency services provided by the City of Prior Lake were as follows:
- Police call:
- FirelRescue:
$126.15
185.53
(11) The Developer will participate in a Site Plan Review by the City's Development Review Committee
and the City Planning Commission, and will comply with all terms and conditions as set forth within the City's
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I desigrl standards and covenants for the Waterfront Passage Business Park and as reasonably enforced by said
Development Review Committee and Planning Commission. The Developer has requested a variance relating
to a sideyard setback. This request will be considered by the Planning commission on May 19, 1994.
Implementation of this Agreement is subject to approval of the request for variance.
(12) Barring Unavoidable Delays, the Project will be completed by December 31,1994 such that the City
will issue a Certificate of Completion on or before that date. The City has no knowledge of anything which
would prevent the Project from being completed by December 31, 1994, subject to Unavoidable Delays,
including within its knowledge, an estimate of the reasonable time for review of the Project by the C\ly and its
agencies and commissions. .
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ARTICLE III
UNDERTAKINGS BY DEVELOPER AND CITY
Section 3.1. Acquisition of the Development Property. Site Improvements and Soil Correction. The
parties agree that the Site Improvements to be constructed by the City and Developer are essential to the
successful completion of the Project. The costs of the acquisition of the Development Property, Site
Improvements and the Soil Correction, which shall include engineering and all other costs directly related to
the making of the Site Improvements and Soil Correction, together with the Legal and Administrative expenses,
are estimated to be at least $138,000. The Developer shall make an initial payment of $45,470 to the City,
pursuant to the terms of the Purchase Agreement dated as of t?7~ 2:; ,1994, for costs of acquisition of the
Development Property, and Site Improvements. The Developer sha I also pay $2,500 for administrative fees
relating to the tax increment financing program and pay other fees normally associated with development of a
commercial facility within the City of Prior Lake (e.g. building permit, sewer access charge, etc.). Upon
acquisition of the land and payment of fees the City provide an allowance of up to $24,300 for Soil Correction
and land writedown. The balance of expenses shall be reimbursed through Developer payments and or tax
increment revenues generated as a result of the Project.
(1) The City shall undertake actions pursuant to the plans and specifications for construction of infrastruc-
ture and site preparation within the Waterfront Passage Business Park. In regard to the Development Property,
the Developer will furnish soil borings and analysis, inspection of excavation, and soil density tests as
necessary, all in accordance with ASTM specifications and usual and accepted geotechnical engineering
practice, and an opinion from a registered Professional Engineer that the building pad has been properly
prepared and is capable of supporting 2500 psf allowable foundation bearing capacity. The maximum
expenditure to be paid by the City for structural Soil Correction of the Development Property is $24,300. Of
this allowance the City will authorize a l1at fee of $2,500 for utility connection into the site.ln the event that the
structural Soil Correction cost for the Development Property based upon good faith estimates shall exceed
$24,300 the Developer shall have seven (7) days to terminate this Agreement without any further obligation by
either party and Developer shall be entitled to a refund of all monies previously paid to the City relative to this
transaction.
(2) To the extent that additional tax increment revenues are generated as a result of an expansion of the
proposed 6,960 sq. ft. production facility the City shall reimburse the Developer any excess tax increment
revenues net of potential state aid reductions up to a maximum cumulative amount of $15,000.
This pledge of pay-as-you-go increment reimbursement in addition to the previously referenced $24,300
allowance for soil correction and land writedown is intended to reduce the net acquisition price of the
Development Property by the Developer to $25,000.
Section 3.2. Reimbursement: Tax Increment Revenues.
(1) The City shall receive reimbursement for acquisition. site improvements and soil correction made on
behalf of the Developer under Section 3.1 through the receipt of tax increment revenues generated from Tax
Increment Financing District No. 2-2. Following is a schedule of anticipated tax increment payments:
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Schedule of Payment
1994 - 0
1995 - 0
July 15. 1996 - $5.568
December 15, 1996 - $5.568
July 15. 1997 - $5.568
December 15. 1997 - $5,568
July 15. 1998 - $5.568
December 15. 1998 - $5,568
July 15. 1999 - $5.568
December 15, 1999 - $5.568
July 15. 2000 - $5,568
December 15. 2000 - $5.568
July 15. 2001 - $5.568
December 15.2001 - $5.568
July 15. 2002 - $5,568
December 15. 2002 - $5,568
July 15. 2003 - $5.568 (
December 15. 2003 - $5.568
July 15, 2004 - $5,568
December 15.2004 - $5.568
(2) Pursuant to Section 3.1. the Developer shall receive additional reimbursement of up to $15.000 if an
expansion to the initial 6.960 sq. ft. production facility results in the generation of increment revenues in excess
of the required payments identified in Section 3.2 (1) of this Agreement. The payment of these excess
revenues shall be net of any potential LGA/HACA loss to the City.
Section 3.3 Guarantee of Pavments. In the event that the tax increment revenues are less than what is
depicted on the preceding schedule. Section 3.2 (1), the Developer will remit the amount of the shortfall to the
City on or before each July 15 or December 15, commencing on July 15, 1996.
(1) Developer shall not be liable to the City for any shortfall in the tax increment revenues resulting from
actions taken by the City or failure of the City to take any action which results in a reduction in the tax
increment revenues. Unless such actions by the City involve enforcement of regulatory standards or
requirements necessary to maintain the health. safety or welfare of the community and/or its residents.
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ARTICLE IV
EVENTS OF DEFAULT
Section 4.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement
and the term "Event of Default" shall mean whenever it is used in this Agreement anyone or more of the
following events:
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(1) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to
the Development Property.
(2) Failure by the Developer to cause the installation of the Project to be completed pursuant to the
terms, conditions and limitations of this Agreement.
(3) The holder of any mortgage on the Development Property or any improvements thereon, or any
portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage
documents.
(4) Failure by the Developer to substantially observe or perform any other covenant, condition, obligation
or agreement on its part to be observed or performed under this Agreement.
(5) If the Developer shall
(A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjust-
ment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as
amended or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become due; or
(D) be adjudicated a bankrupt or inSOlvent; or if a petition or answer proposing the adjucation of
the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or
any similar federal or state law shall be filed in any court and such petition or answer shall not be
discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of
the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the
Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Develop-
er, shall consent to or acquiesce in such appointment.
Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and
Is continuing, the City, as specified below, may take anyone or more of the following actions after the giving of
thirty (30) days' written notice to the Developer, but only if the Event of Default has not been cured within said
thirty (30) days.
(1) The City may suspend its performance under this Agreement until it receives assurances from the
Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance
under this Agreement.
(2) The City may cancel and terminate this Agreement, except that no cancellation may be effective at
any time that the Developer is proceeding in good faith to cure the defect and/or reasonable assurances to the
City as required in (1) above, or if there exists a good faith dispute with the City, mortgagee or creditor as to an
event of default as defined above, and the Developer posts a bond or other security as reasonably adequate to
cure the alleged default.
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In the event that subsequent to conveyance of the Development Property to the Developer by the City and
prior to receipt by the Developer of the Certificate of Completion for the entire Project, and subject to the term:;
of any First Mortgage, if an Event of Default as defined under this Agreement is not cured within thirty (30) days
after written notice to do so, then the City shall have the right to re.enter and take possession of the Acquired
Property and any portion of the Project thereon and to terminate (and revest in the City pursuant to the
provisions of this Section subject only to any sup,erior rights in any holder of a First Mortgage acquiesced in by
the City pursuant to this Agreement) the estate conveyed by the acquired Property Deed to the Developer, it
being the intent of this provision, together with other provisions of this Agreement, that the conveyance of the
acquired Property to the Developer shall be made upon the condition that, in the event of any defau;t under
this Section on the part of the Developer and failure on the part of the Developer to cure such default within the
period and in the manner stated in such subdivision, the City may declare a termination in favor of the City of
the title and of all the Developer's rights and interests in and to the Acquired Property conveyed to the
Developer, and that such title and all rights and interests of the City, and any assigns or successors in interest
of the Developer,and any assigns or successors in interest to and in the Acquired Property, shall revert to the
City, but only if the events stated in this Agreement have not been cured within the time period provided above,
or, if the events cannot be cured within such time periods, the Developer does not provide assurance to the
City, reasonably satisfactory to the City, that the events will be cured as soon as reasonably possible.
(3) The City may take any action, including legal or administrative action, which may appear necessary or
desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer
under this Agreement.
Section 4.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to the City is intended
to be exclusive of any other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon
any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed expedient.
Section 4.4. No Implied Waiver. In the event any agreement contained in this Agreement should be
breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach
hereunder.
Section 4.5. Aareement to Pay Attornev's Fees and Expenses. Whenever any Event of Default occurs
and the City shall employ attorneys or incur other expenses for the collection of payments due or to become
due or for the enforcement of performance or observance of any obligation or agreement on the part of the
Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the
reasonable fees of such attorneys and such other expenses so incurred by the City.
Section 4.6. Indemnification of City.
(1) The Developer releases from and covenants and agrees that the City, its governing body members,
officers, agents, including the independent contractors, consultants and legal counsel, servants and employees
thereof (hereinafter, for purposes of this Section, collectively the .'ndemnified Parties.) shall not be liable for
and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or
any injury to or death of any person occurring at or about or resulting from any defect in the Project, provided
that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not
contemplated by this Agreement.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties,
the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to
hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any
person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if
other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions
contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project;
provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City
in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but
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'shall, in any event and without regard to any fault on the part of the City, apply to any pecuniary loss or
penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate
equal to the Prime Rate) as a result of the Project causing the Tax Increment District to not qualify or cease to
qualify as a -economic development- under Section 469.174, Subdivision 12.
(3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be
deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any
goveming body member, officer, agent, servant or employee of the City, as the case may be.
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ARTICLE V
INSURANCE
Section 5.1. Insurance. The Developer will provide and maintain or cause to be maintained at all times
during the process of constructing the Project (and, from time to time at the request of the City, furnish the City
with proof of payment of premiums on): (
(1) Builder's risk insurance, written on the so-called -Builder's Risk - Completed Value Basis-, in an
amount equal to one hundred percent (100%) of the insurable value of the Project at the date of completion,
and with coverage available in non reporting form on the so-called -all risk- form of the policy; the interest of the
City shall be protected in accordance with a clause in form and content satisfactory to the City;
(2) Comprehensive general liability insurance (including operations, contingent liability, operations of
subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's
Policy with limits against bodily injury and property damage of not less that $1,000,000 for each occurrence (to
accomplish the above-required limits, an umbrella excess liability policy may be used); and
(3) Worker's compensation insurance, with statutory coverage for all persons engaged in the construction
of the Project.
12
I
ARTICLE VI
ADDITIONAL PROVISIONS
Section 6.1. Restrictions on Use. The Developer agrees for itself that it shall devote the Development
Property to, and in accordance with, the uses specified in this Agreement. The Developer shall not assign,
transfer or convey the Agreement without the prior written consent of the City except Developer may lease the
Development Property to Becker Arena Products, Inc. of which the Developer is a majority sharehol~er
Section 6.2. Conflicts of Interest. No member of the governing body or other official of the City shall
participate in any decision relating to the Agreement which affects his or her personal interests or the interests
of any corporation, partnership or association in which he or she is directly or indirectly interested. No
member, official or employee of the City shall be personally liable to the City in the event of any default or
breach by the Developer or successor or on any obligations under the terms of this Agreement.
Section 6.3. Titles of Articles and Sections. Any titles of the several parts, articles and sections of the
Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting
any of its provisions.
Section 6.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice,
demand or other communication under this Agreement by any party to any other shall be sufficiently given or
delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
(1) in the case of the Developer is addressed to or delivered personally to:
James E. Becker
P. O. Box 416
Chanhassen, Minnesota 55317
(2) in the case of the City is addressed to or delivered personally to the City at:
City of Prior Lake
4629 Dakota St. S.E.
Prior Lake, Minnesota 55372
or at such other address with respect to any such party as that party may, from time to time, designate in
writing and forward to the other, as provided in this Section.
Section 6.5. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
Section 6.6. Law Governina. This Agreement will be governed and construed in accordance with the
Jaws of the State of Minnesota.
13
.~
EXHIBIT C
ASSESSMENT AGREEMENT
THIS AGREEMENT, dated as of this 23 day of m 44 . 1994, by and among the City of Prior Lake
(the wCityj, James E. Becker, rOeveloper-), and the ASiessor for Scott County (the wAssessor-):
WITNESSETH
(
WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement
dated as of March 8, 1994 (the WAgreementW). regarding certain real property located in the City (the wOevelop-
ment PropertyW) which property is legally described on Exhibit A attached hereto and hereby made a part
hereof;
WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the development
of an 6,000 sq. ft.. production/warehouse facility and related improvements (the WProject-) on the Development
Property;
Whereas, the City and Developer desire to establish a minimum market value for the portion of the Develop-
ment Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota
Statutes, Section 469.177, Subdivision 8;
WHEREAS, the Developer has acquired the Development Property; and
Whereas. the City and the Assessor have reviewed plans and specifications for the Project:
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agree-
ments made by each to the other, do hereby agree as follows:
1.As of January 2, 1995 and thereafter until December 31, 2004, the minimum market value which shall be
assessed for the Project shall be not less than $212,675.
2.The minimum market value herein established shall be of no further force and effect and this Agreement shall
terminate on December 31, 2004.
3.This Agreement shall be promptly recorded by the Developer along with a copy of Minnesota Statutes,
Section 469.1n, Subdivision 8, attached as exhibit B and hereby made a part hereof, with the County
Recorded of Scott County, Minnesota. The Developer shall pay all costs of recording.
4.The assessor represents that he has reviewed the plans and specifications for the improvements and the
market value previously assigned to the land upon which the improvements are to be constructed, and that the
wminimum market value- as set forth above is reasonable.
5.Neither the preamble nor provisions of this Agreement are intended to modify, or shall they be construed as
modifying, the terms of the Agreement between the City and the Developer.
6.This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties.
C-2
, .
EXHIBIT A
Legal Description of Development District No. 2
All of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota.
And that part of the East 1/4 of the Southwest Quarter, Section 1, Township 114, Range ?2, Scott
County, Minnesota, lying northerly of the northerly right-of-way of Eagle Creek Avenue (County
Road 21). The west line of said East 1/4 shall be parallel with the east line of said Southwest
Quarter.
And that part of the Southwest Quarter, Section 1, Township 114, Range 22, Scott County,
Minnesota, lying southerly of the Northerly right-of-way of Eagle Creek Avenue (County Road 21)
and southeasterly of the southeasterly right-of-way line of Franklin Trail (County Road 39) except for
that part of BORGERDING SECOND ADDITION, according to the recorded plat thereof, lying within
said Southwest Quarter.
A-1
. .
EXHIBIT B
Economic Development District No. 2.2
and
Legal Description of Development Property
(
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota described as
follows:
Commencing at the northeasterly corner of said Lot 1, Block 1; thence North 62 degrees 52 minutes 03
seconds West (record bearing) along the northeasterly line of said Lot 1, Block 1, a distance of 678.82 feet to
the point of beginning of the land to be described; thence continuing North 62 degrees 52 minutes 03 seconds
West a distance of 200.00 feet; thence South 31 degrees 36 minutes 51 seconds West a distance of 264.89
feet to the southwesterly line of said Lot 1, Block 1; thence southeasterly along said southwesterly line a
distance of 200.00 feet to the intersection with a line drawn South 31 degrees 35 minutes 50 seconds West
from the point of beginning; thence North 31 degrees 35 minutes 50 seconds East a distance of 294.99 feet to
the point of beginning.
Reserving to the City of Prior Lake, a municipal corporation public utility and drainage easements over, under
and across the northwesterly 10.00 feet and the southeasterly 10.00 feet of the above described property.
Containing 1.2817 acres.
B-1
, .
EXHIBIT C
ASSESSMENT AGREEMENT
THIS AGREEMENT, dated as of this 23 day of ~, 1994, by and among the City of Prior Lake
(the -City,. James E. Becker, (-Developer-) , and the Assfassor for Scott County (the -Assessor-):
WITNESSETH
(
WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement
dated as of March 8, 1994 (the -Agreement-), regarding certain real property located in the City (the -Develop-
ment Property-) which property is legally described on Exhibit A attached hereto and hereby made a part
hereof;
WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the development
of an 6,000 sq. ft. production/warehouse facility and related improvements (the -Project-) on the Development
Property;
Whereas, the City and Developer desire to establish a minimum market value for the portion of the Develop-
ment Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota
Statutes, Section 469.1n, Subdivision 8;
WHEREAS, the Developer has acquired the Development Property; and
Whereas, the City and the Assessor have reviewed plans and specifications for the Project:
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agree-
ments made by each to the other, do hereby agree as follows:
1.As of January 2, 1995 and thereafter until December 31,2004, the minimum market value which shall be
assessed for the Project shall be not less than $212.675.
2.The minimum market value herein established shall be of no further force and effect and this Agreement shall
terminate on December 31, 2004.
3.This Agreement shall be promptly recorded by the Developer along with a copy of Minnesota Statutes,
Section 469.1n, Subdivision 8, attached as exhibit B and hereby made a part hereof, with the County
Recorded of Scott County, Minnesota. The Developer shall pay all costs of recording.
4.The assessor represents that he has reviewed the plans and specifications for the improvements and the
market value previously assigned to the land upon which the improvements are to be constructed, and that the
-minimum market value- as set forth above is reasonable.
5.Neither the preamble nor provisions of this Agreement are intended to modify, or shall they be construed as
modifying, the terms of the Agreement between the City and the Developer.
6.This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties.
C-1
... t ~ 1
IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this Agreement to be executed
in their names and on their behalf all as of the date set forth above.
THE CITY OF PRIOR LAKE, MINNESOTA
Frank Boyles,
Signature pag for Assessment Agreement by and among the City of Prior Lake, Minnesota, James E. Becker
and the Assessor for Scott County.
(
(SEAL)BY:
Lydia Andren,
C-2
J. ~ \ l
CONSENT TO ASSESSMENT AGREEMENT
The Prior Lake State Bank of Prior Lake, Minnesota (the "Bank"), does hereby consent to all terms, conditions
and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the
Development Property at a foreclosure sale or acquires the Development Property through a deed in lieu of
foreclosure or otherwise in satisfaction of the indebtedness owed by the Developer, it and its respective
successors and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including
but not limited to the provision which requires that the minimum market value of the Development Property
shall be not less than $212,675 as of January 2, 1995 and thereafter.
IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name
and on its behalf as of thi~ day of /7JZ7 ' 1994.
~ J'hf, ND./lfl
BY: ~
Bob Barsness
ITS:President
--- ------
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
This instrument was acknowledged before me this Vi ~~r day of 1\1 (). Y , 1994, by Bob Barsness,
the President of Prior Lake State Bank, a Corporation, on behalf of the Corporation.
O~Ht \:L1u,\~I1Cii~J'
Notary Public
... LAURA ANN HINDERKS
. NOTARY PUBLIC. MINNESOTA
;~ ~ SCOTT COUNTY
My CommIIIIon ...... JIll. 81. 2OClO
C-4
.6. , -\- l
CERTIFICATION BY COUNTY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the
market value assigned to the land upon which the improvements are to be constructed, and being of the
opinion that the minimum market value contained in the forgoing Agreement appears reasonable, hereby
certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above
described property, hereby certifies that the market value assigned to such land and improvements upon
completion of the improvements to be constructed thereon shall not be less than $212,675 as of Ja"{Jary 2,
1995 and thereafter.
~ a<-JM
County Assessor for Scott County
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
This instrument was acknowledged before me this
Arnoldi, the County Assessor of Scott County.
1
day 09-u
I 1994, by Leroy T.
Not
@.JOYcEM-:-ai,wTii-i
tGTARY PUBlJC.MINNESOTA f
scorr COUNTY .
"'~-~~.~~~J
Signature page for Assessment Agreement by and among the City of Prior Lake, Minnesota, James E. Becker
and the Assessor for Scott County.
C-5
j 1 l .
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
This instrument was acknowledged before me this
Becker.
23 day of
rt1,
, 1994, by James E.
1:!~,rt. ltuUm~
(
@?''':.....MARGARETE.BRICKMAN
.. NOTARVPUBUC MINNESOTA
- ANOKA COUNTY
My CommlssIOn Expires Aug 11. 1998
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
This instrument was acknowledged before me this J 3d day of ~ ~ ' 1994, by Lydia Andren,
the Mayor and Frank Boyles, the City Manager of the City of Prior Lake, nesota.
4~a~
Notary Public
@M..BERNICEA.Jut.ICDWSIO
J}.. NOTARY PUBLIC. M1NNE8O'I1t
SCOTT C -. "1iY
My eamm. Exp. ( --:s
C-s
t J \. .
ATTACHMENT A TO ASSESSMENT AGREEMENT
Legal Description
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota described as
follows:
Commencing at the northeasterly comer of said Lot 1, Block 1; thence North 62 degrees 52 minutes 03
seconds West (record bearing) along the northeasterly line of said Lot 1, Block 1, a distance of 678.q2 feet to
the point of beginning of the land to be described; thence continuing North 62 degrees 52 minutes 03 seconds
West a distance of 200.00 feet; thence South 31 degrees 36 minutes 51 s~conds West a distance of 264.89
feet to the southwesterly line of said Lot 1, Block 1; thence southeasterly along said southwesterly line a
distance of 200.00 feet to the intersection with a line drawn South 31 degrees 35 minutes 50 seconds West
from the point of beginning; thence North 31 degrees 35 minutes 50 seconds East a distance of 294.99 feet to
the point of beginning.
Reserving to the City of Prior Lake, a municipal corporation public utility and drainage easements over, under
and across the northwesterly 10.00 feet and the southeasterly 10.00 feet of the above described property.
Containing 1.2817 acres.
C-7
,t\. J.. L""1.\......i.,.__~~..,,I. ~
, 1 \ t
EXHIBIT II TO ASSESSMENT AGREEMENT
Subd. S. .-\SSESS:\lE:\T .-\GREE~lE~TS. An authority may enter into a written asse:::s-
rnent agreement \\ith any person establishing a minimum market \'alue of land, ex:stir.g
impro\'em~nts, or improvements to be constructed in a district, if the property is o\\T.ed or
\\ill be owned by the person. The mi:1imum market value established by an assessmer.t
agreement may be fi.'\ed, or increase or decrease in later years from the initial minimum
market value. If an acreement is fullv executed before Julv 1 of an assessment vear, the
market \'alue as ro\ide under the acreement must e used \" the county or oca assessor
as the ta.xable market \'a ue of the prooerty for that assessment. Agreements executed on or
after Julv 1 of an assessment vear become effective for assessment u oses in the fd-lo\\in-r
assessment year. An assessment agreement terminates on t e earliest of the date on which
conditions in the assessment agTeement for tennination are satisfied, the termination date
specitied in the agTeement, or the date when tax increment is no longer paid to the aut.hority
under section 469.li6, subdh;sion 1. The assessment agTeement shall be presented to the
county assessor, or city assessor ha\;ng the powers of the county assessor, of the jurisdiction
in which the ta.'< increment financing district and the property that is the subject of the
agreement is located. The assessor shall re\;ew the plans and specifications for the
impro\'ements to be constructed, re\iew the market value pre\;ously assigned to the land
upon which the improvements are to be constructed and, so long as the minimum market
\'alue contained in.the assessment agTeement appears, in the judgment of the assessor, to be
a reasonable estimate, shall execute the follo\\ing certification upon the agreement: .
The undersigned assessor, being legally responsible for the assessment of t.he abo\'e
described property, certifies that the market values assigned to the land and impro\'e-
ments are reasonable.
The :lSSeSsnient ab'TN:ment sh~;l be med for rece.rd and recorded ~n the of::t'e elf tr.e ccunty
recorder (.r tJ-.e l"eg'istr:ir (:f ::::e~ cf ea('h co:;nty where the real estate Cor any part ~hHe(lf is
situated. Aitcr tr:e acreeme:n becomes effecth"e for a~5e~sment purposes. the assessor sha:l
\"alue the property under sectio:1 2i3.11. except t.hat the market val>.:e assig;:ed shall nc.t be
less t.h~n the minimum markH ralue established by the a.s.sessment agreement. The asscssc.r
may ass:gn a market \"alue to the ?:'operty in excess of the minimum market \-a!ue estab!ished
by the assessment agl"eement. The O\\1ier of the property may seek, t.hrough the exercise of
administrati\"e and legal remedies. a reduction in market \"alue fc.r property t.ax purpose::, but
r,o city assessor, county assessor, county auditor, board of re\ie',\', board of equaEz~tkln.
comIT'Jssioner of re\'enue, or court cf this st.-at.e shall grant a reduction of the mad:et \'al-Je
below the mir.im'Jm market n.h:e established b)' the assessment agreement during the term
oi the agreement tiled of record regardless of actual market values which may resU:t frc.m
incomp!et.e construction of impronment,S, destructic.n, or diminution by any cause, ~ns-..u'ed c.r
uninsured, except in the case of acquisition or nacquis~ticn (If the propert~. by a public entit~..
Recc.rding an assessment agree~ent cc.nstitutes notice (If t.he agreeme:1t to onyc.ne who
acquires an~' interest in the !a:-;d cr impro\-ements that is subject to the assessment
agreement, and the agreement is binding upon them.
(_ 1 l .
EXHIBIT 0
ACQUIRED PROPERTY DEED
THIS INDENTURE between the City of Prior Lake, a municipal corporation, organized pursuant to the Laws of
Minnesota (the -Grantor"), and James E. Becker, a Developer and President of Becker Arena Products, Inc. a
corporation existing under the laws of Minnesota, (the "Grantee"):
WITNESSETH, that Grantor in consideration of the sum of forty-five thousand four hundred seventy '\lollars,
($45,470) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby
grant, bargain, conveys and warrants to the Grantee, its successors and assigns forever, all the tract or parcel of
land lying and being in the County of Scott and State of Minnesota described on Attachment A attached hereto
(such tract or parcel of land is hereinafter referred to as the "Property"):
To have and to hold the same, together with the hereditaments and appurtenances thereunto belonging or in
anywise appertaining, to the said Grantee, its successors and assigns, forever, provided as follows:
1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and
provisions of an agreement entered into between the Grantor and Grantee on the 1:i.- day of .JJJA:!L, 1994,
entitled -Development Agreement- (hereafter referred to as the -Agreement"), and that the Grantees.nall not convey
this property, or any part thereof, without the consent of the Grantor until a certificate of completion releasing the
Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed,
has been placed of record. This provision shall in no way prevent the Grantee from making transfers permitted by
the Agreement or mortgaging this Property in order to obtain funds for the purchase of Property hereby conveyed
and for erecting improvements thereon in conformity with the Agreement, any applicable redevelopment plan and
applicable provisions of the zoning ordinances of the City of Prior Lake, Minnesota.
Promptly after completion of the improvements in accordance with the provisions of the Agreement, the
Grantor will furnish the Grantee with a Certificate of Completion in the form attached to this Deed as Exhibit F. Such
certification by the Grantor shall be (and the certification itself shall so state) a conclusive determination of
satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the
obligation of the Grantee, and its successors and assigns, to construct improvements and the dates for the
beginning and completion thereof, it being the intention of the parties that upon the granting and filing of the
Certificate of Completion that all restrictions and reservations of title contained in Sections 1 and 2 of this Deed be
forever released and terminated and that any remaining obligations of the Grantee pursuant to the Agreement shall
be personal only.
All certifications provided for herein shall be in such form as will enable them to be recorded with the County
Recorder of Scott County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in
accordance with the provisions of the Agreement and this Deed, the Grantor shall, within ten (10) days after written
request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects
the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is
otherwise in default, and what measures or acts will be necessary, in the opinion of the Grantor, for the Grantee to
take or perform in order to obtain such certification.
2. In the event that an Event of Default occurs under Section 4.1 of the Agreement and the Grantee herein
shall fail to cure such default within the period and in the manner stated in Section 4.2 of the Agreement, then the
Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the
Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, in accordance with
the terms of the Agreement.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly execu d in its behalf by its Mayor and
City Manager and has caused its corporate seal to be hereunto affix this...;?,L ay of ~~ , 1994.
(Seal)
~d4 :~UC
Lydia dren, Mayor
0-1
'stATE'OF MINNESOTA )
) 55.
COUNTY OF SCOTT )
On this. . :1.11/ day of :7//~ ,1994, before me personally appeared Lydia Andren, the Mayor
and Frank Boyles, to me personally known who by me duly sworn did say that they are the Mayor and City
Manager for the City of Prior Lake, Minnesota (the Grantor), named in the foregoing instrument; that the seal affixed
to said instrument is the seal of said Grantor; that said instrument was signed and sealed on behalf of said Grantor
pursuant to a resolution of its City Council; and said Lydia Andren and Frank Boyles acknowledges ,.aid instrument
to be the free act and deed of said. .
L44I~d/uI/~L
Notary Public
@..~ BERNICE A. JULKOWSKl
J} NOTARY PUBLIC-1IINNE8OTA
SOOlT COUNlY
My Camm. Exp. Oct. 18, ,.
Notary Public
0-2
f .. ~ ..
ATTACHMENT A TO ACQUIRED PROPERTY DEED
CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE
WHEREAS, the City of Prior Lake, Minnesota (the "Granto""), a municipal corporation organized and operating
pursuant to laws of the State of Minnesota, by a Deed recorded in the Office of the County Recorder or the
Registrar of Titles in and for the County of Scott and State of Minnesota, as Deed Document Number _, has
conveyed to James E. Becker, (the "Grantee"), in the State of Minnesota, the following legally described property, to
~ t
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota described as
follows:
Commencing at the northeasterly corner of said Lot 1, Block 1; thence North 62 degrees 52 minutes 03 seconds
West (record bearing) along the northeasterly line of said Lot 1, Block 1, a distance of 678.82 feet to the point of
beginning of the land to be described; thence continuing North 62 degrees 52 minutes 03 seconds West a distance
of 200.00 feet; thence South 31 degrees 36 minutes 51 seconds West a distance of 264.89 feet to the southwesterly
line of said Lot 1, Block 1; thence southeasterly along said southwesterly line a distance of 200.00 feet to the
intersection with a line drawn South 31 degrees 35 minutes 50 seconds West from the point of beginning; thence
North 31 degrees 35 minutes 50 seconds East a distance of 294.99 feet to the point of beginning.
Reserving to the City of Prior Lake, a municipal corporation public utility and drainage easements over, under and
across the northwesterly 10.00 feet and the southeasterly 10.00 feet of the above described property.
Containing 1.2817 acres.
and
WHEREAS, said Deed incorporated and contained certain covenants and restrictions, the breach of which by
the Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by the Grantor, its
successors and assigns, said covenants and restrictions being set forth in said Deed and in a Development
Agreement executed by and between the Grantor and the Grantee and dated May 23, 1994 (The "Development
Agreement"); and
WHEREAS, the Grantee has to the present date performed said covenants and conditions insofar as it is able
in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification: .
NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to
be done and made by the Grantee have been completed and the above covenants and conditions in said Deed and
Development Agreement have been performed by the Grantee therein and that the provisions for forfeiture of title
and right to reentry for breach of condition subsequent by the Grantor, contained therein, are hereby released
absolutely and forever insofar as they apply to the land described herein, and the County Recorded or the Registrar
of Titles in and for the County of Scott and State of Minnesota is hereby authorized to accept for recording and to
record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants
and conditions of said Deed and the Development Agreement which would result in a forfeiture by the Grantee, its
successors and assigns, the right of the Grantor, its successors and assigns, to re-enter and take possession of the
property as set forth in said Deed and the Development Agreement, and that said Deed and the Development
Agreement shall otherwise remain in full force and effect.
. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf
and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed in its
name and on its behalf, on or as of the date first above written.
JAMES E. BECKER, DEVELOPER
THE CITY OF PRIOR LAKE
~,,~ 4--
~~~
JAMES IE. BECKER
BY~
Ja s E. Becker
6P'
2:
~
~
Signature page for Assessment Agreement by and among the City of Prior Lake, Minnesota, James E. Becker
and the Assessor for Scott County.
C-3
. JAME~ E. BECKER
BY~
Jam . E. Becker
c;? #' 01--
L. ~
(
Signature page for Assessment Agreement by and among the City of Prior Lake, Minnesota, James E. Becker
and the Assessor for Scott County.
C-3
. ." \ c
ARTICLE VII
DEVELOPER'S OPTION TO TERMINATE AGREEMENT
Section 7.1. The Developer's Option to Terminate. This Agreement may be terminated by Developer, if (ij
the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred;
and (iQ the City fails to comply with any material term of this Agreement, and, after written notice by the
Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of
such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) da~ys, of
receipt of such notice, the City has not provided assurances, reasonably satisfactory to the Developer, that
such noncompliance will be cured as soon as reasonably possible.
Section 7.2. Action to Terminate. Termination of this Agreement pursuant to Section 7.1 must be ac-
complished by written notification by the Developer to the City within thirty (30) days after the date when such
option to terminate may first be exercised. A failure by the Developer to terminate this Agreement within such
period constitutes a waiver by the Developer of its rights to terminate this Agreement due to such occurrence
or event.
Section 7.3. Effect of Termination. If this Agreement is terminated pursuant to this Article VII, this
Agreement shall be from such date forward null and void and of no further effect; provided, however, the
termination of this Agreement shall not affect the rights of either party to institute any action, claim or demand
for damages suffered as a result of breach or default 01 the terms of this Agreement by the other party, or to
recover amounts which had accrued and become due and payable as of the date of such termination. Upon
termination of this Agreement pursuant to this Article VII. the Developer shall be free to proceed with the
Project at its own expense and without regard to the provisions 01 this Agreement; provided, however, that if
the City financed improvements on behalf of the Developer. the Developer is obligated for reimbursement of
the expenses as set forth in Section 3.2.
14
,.. , ~
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its
behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly
executed in its name and on its behalf, on or as of the date first above written.
THE CITY OF PRIOR LAKE
By
Its
(
~'4 e ~~
. MES E. BECKER
By
Its
This is a signature page to the Development Agreement dated as of
and between the City of Prior Lake and James E. Becker.
/h~ t r
, 1994, by
15
.. , "
STATE OF MINNESOTA )
): ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me thi~3 day of
1994, by Lydia Andren and Frank Boyles the Mayor and the City Manager. respectivel of the City of Prior
Lake, Minnesota, a municipal corporation.
(
@"......BERNICEA.JULKOWSKl
I. NOTARY PUBUC .UlNNEICJTA
- SCOTT COUN1Y
_ CaaIL _011. 'I. ,.
aI~tJiJJ~1
Nota~ublic
STATE OF MINNESOTA )
): ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this 2J day of /JJ~
1994, by James E. Becker. /
MARGARET E. BRICKMAN
@-,,",NOTAqvPUBLlCUINNES01A
.JJ NO<A COUNTY
My Cvm/fIIII'V EllpIf- AAIg 11. 1_
'lJt()ftuf~.Afiku
16
/LemtW h'j
# uJi '(I b.R
w~cf,
~
fi141, wi O~~
l ~ fam~
Q,Uf~r .
j1vJ2(f;/I'j
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
(612)447-4230
SITE PLAN APPLICATION CHECKLIST FOR:
COM:MERCIAL, INDUSTRIAL, INSTITUTIONAL,
PUBLIC, AND SEMI-PUBLIC DEVELOPMENTS
*****
APPLICATION AND FEE WILL BE ACCEPTED ONLY IF AT.T. OF
THE REQUIRED MATERIALS LISTED BELOW ARE SUBMIl'T~D.
DATE:
FILE NUMBER:
CHECKED BY:
s/2-6/9L{
.
o Ie c..
--;
TEN (10) ASSEMBLED SETS (24" x 36") OF EACH OF THE FOLLOWING:
~
l:L
00
1.)
2.)
3.)
-.ML
4.)
~
rJc>
--1&
7.)
ACCURATE CERTIFIED SURVEY (showing existing conditions on the site,
within 50' of the site, and the Legal Description).
DETAILED SITE PLAN (based on current certified survey).
GRADING AND DRAINAGE PLAN (including storm water runoff
calculations and a map produced by a Professional Engineer; erosion
control plans using MPCA's, Best Manae-ement Practices standards).
UTILITY PLAN (including proposed sewer, waterrnain, storm sewer lines,
and pr~fi1es of t~e utilities.s J~E}f t~ 4" i~ dia?Je,ter, produced by a
ProfesslQnal EngIneer). f(~ ffI.. r/Jt. f!,u~t 't
w ~ AM/l1M S eJrNIl 'VI tZ lorY bI ~ "" 1Uf!.
LANDSCAPE PLAN (can be on combined sheets, produced by a Landscape
Architect).
SIGN PLAN (can be on combined sheets).
FIRE PROTECTION PLAN (showing fire lanes, hydrants, post indicator
valves, and siamese connections which may be shown on the Site Or
Utility Plan).
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUJ'.,'ITY EMPWYER
~~oY QYa ~")
~~/ 1lJ:.) BUILDING PLANS (exterior wall elevations and floor layout).
~ 9.) TRASH ENCLOSURE (provisions can be on combined sheets).
^-J() 10.) LUMINARE PLAN (of all outside and building exterior lighting which may
be on combined sheets).
^ )0
~
JlL
!p1v
Nt}
11.)
ONE LEGIBLE AND REPRODUCIBLE WRITTEN NARRATIVE (describing
the proposal and variances requested).
12.)
A COMPLETE APPLICATION FORM SIGNED BY THE PROPERTY FEE
OWNER (S). ~(AM~
APPLICATION FEE PER CURRENT CITY OF PRIOR LAKE FEE
SCHEDULE.
13.)
ADDITIONAL INFORMATION NEEDED IF IT APPLIES:
/14.)
ONE ADDITIONAL SET OF PLANS REQUIRED IF THE PROPOSAL
ABUTS OR ACCESSES A COUNTY ROAD.
ONE ADDITIONAL SET OF PLANS REQUIRED IF THE PROPOSAL
ABUTS OR ACCESSES A STATE HIGHWAY.
15.)
REQumED SUBMITrALS FOR THE PLANNING COMMISSION WHICH
MAY BE SUBMITrED AFTER THE DEVELOPMENT REVIEW
COMMITIEE'S APPROVAL:
1.) SITE PLAN
2.) LANDSCAPE PLAN
3.) BUILDING EXTERIOR ELEVATIONS
4.) LUMINARE PLAN
5.) WRITTEN NARRATIVE
6,) 15 COMPLETE SETS OF THE ABOVE DATA (1-5) IN SIZE 11" x 17" OR
LARGER, ASSEMBLED AND FOLDED TO 8.5" x 11."
7.) ONE COMPLETE SET OF THE ABOVE DATA (1-4) IN SIZE 8.5" x 11",
CLEAR AND LEGIBLE TRANSPARENCIES.
THE FOLLOWING ITEMS WILL NEED TO BE SUBMITTED IN ADDITION
TO THE ABOVE WHEN REQUESTING PUBLIC FINANCIAL ASSISTANCE:
8.) A SHORT NARRATIVE ON THE GROwrH EXPANSION NEEDS OF THE
BUSINESS.
9.) A SHORT NARRATIVE ON THE COMPANY'S MARKET AND TRENDS IN
THE INDUSTRY.
10.) THREE (3) YEARS OF HISTORICAL DATA INCLUDING P&L
STATEMENT AND BALANCE SHEETS.
*****
11.) CURRENT INTERIM FINANCIAL STATEMENT.
12.) PERFORMANCE FINANCIAL DATA FOR THE TWO (2) PREVIOUS
YEARS.
13.) ESTIMATED COSTS FOR THE PROPOSED BUILDING, EQUIPMENT,
MARKETING, AND WORKING CAPITAL NEEDS.
14.) TOTAL NUMBER OF JOBS CURRENTLY, AND THE PROJECTED JOBS
WITHIN TWO (2) YEARS.
15,) BUSINESSIMARKETING PLANS IF AVAILABLE.
.
ALL FINANCIAL DATA WILL BE TREATED IN A
PROPRIETARY AND CONFIDENTIAL MANNER, AND
WILL NOT BE RELEASED TO ANYONE WITHOUT YOUR
PRIOR APPROVAL.
Applications will be reviewed by the Development Review Committee. A member of
the Planning Staff will notify the Applicant as to any additional information or
modifications needed. Site Plans, which are non-residential, and have no variance
or other possible applications as required, may be administratively approved. Site
Plans requiring a variance or other possible applications will automatically be
scheduled for a Planning Commission Public Hearing when it has been verified
that the application is complete. Items will be scheduled before the City
Council, by the City Manager, upon Planning Commission Recommendation.
*****
PLEASE REFER TO
TIMELINE AND FLOW
VARIOUS DEADLINES.
THE ATTACHED
CHART FOR THE
Approved and adopted by the Prior Lake Development Review Committee on September 2, 1993.
SPAC
"ORPLOW"
DRC TYPICAL DEVELOPMENT FRAMEWORK
DEVELOPER SUBMITS
CONCEPT PLAN
tional
DRC REVIEWS
CONCEPT PLAN
(13 days after
Frida deadline)
DEVELOPER SUBMITS
APPLICATION FOR
PRELIMINARY PLAT
STAFF DETERMINES
COMPLETENESS OF
APPLICATION FOR
PRELIMINARY PLAT
(1 week after
Frida deadline
DRC FORMALLY
REVIEWS
APPLICATION FOR
PRELIMINARY PLAT
(27 days after
Frida deadline
PLANNING COMMISSION
HEARING DATE ON
PRELIMINARY PLAT
lthin 60 da s)
DEVELOPER SUBMITS
FINAL PLAT MATERIALS
(Within 365 days of
City Council approval
& 21 days before staff
agenda re rts due)
STAFF AGENDA
REPORTS ON
FINAL PLAT DUE
(5 days before
City Council meeting)
CITY COUNCll..
HEARING DATE ON
FINAL PLAT APPROVAL
120 day
review period
starts
DAY 1
(optional)
DAY 13
(optional)
DAY 1
(required)
DAYS
(minimum)
DAY 28
(minimum
20 days)
DAY 68
(maximum)
DAY 128
(maximum)
DAY 1
DAY 22
DAY 27
Approved and adopted by the Prior Lake Development Review Committee on August 12. 1993
1994
DEVELOPMENT REVIEW COMMITIEE DATES AND DEADLINES
FOR PRELIMINARY PLAT APPROVAL
CONCEPT PLAN APPROVAL
CONCEPT
PLAN
DEADLINE:
Feb 11
Feb 18
Feb 2S
Mar 4
Mar 11
Mar 18
Mar 25
Apr 1
Apr 8
Apr 15
Apr 22
Apr 29
May 6
May 13
May 20
May 27
Joo 3
Jun 10
Jun 17
Joo 24
Jul 1
Jul 8
Jul15
Jul 22
Jul 29
Aug 5
Aug 12
Aug 19
Aug 26
Sep 2
Sep 9
Sep 16
Sep 23
Sep 30
Oct 7
Oct 14
Oct 21
Oct 28
Nov 4
Nov 11
Nov 18
Nov 25
Dee 2
Dee 9
Dee 16
Dee 23
Dee 30
PRELIMINARY PLAT APPROVAL
DRC
MEETING
DATE:
Feb 24
Mar 3
Mar 10
Mar 17
Mar 24
Mar 31
Apr 7
Apr 14
Apr 21
Apr 28
May 5
May 12
May 19
May 26
Jun 2
Jun 9
Jun 16
Jun 23
Jun 30
Jul 7
JuI 14
Jul21
.-" Jul 28
Aug 4
Aug 11
Aug 18
Aug 25
Sep 1
Sep 8
Sep 15
Sep 22
Sep 29
Oct 6
Oct 13
Oct 20
Oct 27
Nov 3
Nov 10
Nov 17
Nov 24
Dee 1
Dee 8
Dee 15
Dee 22
Dee 29
Jan 5
Jan 12
STAFF DETERMINES
COMPLETENESS OF
APPLICATION BY:
Mar 4
Mar 11
Mar 18
Mar 25
Apr 1
Apr 8
Apr 15
Apr 22
Apr 29
May 6
May 13
May 20
May 27
Jun 3
Jun 10
Jun 17
Jun 24
Jul 1
Jul 8
Jul15
Jul22
Jul 29
Aug 5
Aug 12
Aug 19
Aug 26
Sep 2
Sep 9
Sep 16
Sep 23
Sep 30
Oct 7
Oct 14
Oct 21
Oct 28
Nov 4
Nov 11
Nov 18
Nov 25
Dee 2
Dee 9
Dee 16
Dee 23
Dee 30
Jan 6
Jan 13
Jan 20
Approved and adopted by the Prior Lake Development Review Committee on August 12. 1993
DRC
MEETING
DATE:
Mar 24
Mar 31
Apr 7
Apr 14
Apr21
Apr 28
May 5
May 12
May 19
May 26
Joo 2
Joo 9
Joo 16
Jon 23
Jon 30
Jul 7
Jul14
Jul21
Jul 28
Aug 4
Aug 11
Aug 18
Aug 25
Sep 1
Sep 8
Sep 15
Sep 22
Sep 29
Oct 6
Oct 13
Oct 20
Oct 27
Nov 3
Nov 10
Nov17
Nov 24
Dee 1
Dee 8
Dee 15
Dee 22
Dee 29
Jan 5
Jan 12
Jan 19
Jan 26
Feb 3
Feb 10
", REQUIREMENT FOR 3576 BASSWOOD CIRCLE SW. Lor 4. BLOCK 3. WILLOWS 3RD
ADDmON, WITH TIlE CONTINGENCY ANY TREES LOST BE REPLACED. RATIONALE BEING
TIlE STIlE OF HOME Wll.L AaDMMODATE THE PHYSICAL NEEDS OF THE FAMILY, THE
FRONf SETBACK VARIANCE WlLL Pur TIlE PROPOSED CONSTRUcnON IN AUGNMENT
WITH 1HE EXISTING HOMES, TIlE PROPOSAL IS REASONABLE UNDER THE
CIROJMSTANCES, IT OBSERVES TIlE CHARACfER OF TIlE AREA AND WOULD Nor BE
DEIRIMENfAL 1D TIlE HEALlH AND WElFARE OF TIlE COMMUNITY.
Vote taken signified ayes Roseth, Vonhof. Arnold, Kuykendall. and Loftus. MOIlON CARRIED.
ITEM IV . VARIANCE. RICHARD BERKO
Richard Berko, 2953 Terrace Circle SE. stated he is requesting two variances to constru<..1 a deck. After
seeing the recorrnrendation from Staff. he would agree to a 25 foot variance lakeshore instead of 27 feet as
originally requested.
Deb Garross, Assistant City Planner, presented the information as per planning report of May 19. 1994.
1be subject site is a substandard lot of recorrl and was subdivided via an administrative land division by the
City of Prior Lake in 1985. There is a 60 foot public right-of-way where a storm sewer is located northerly
of the site. A variance was granted at the time of construction but expired. Stall' recomm::nd'i that a 5 foot
north sideyard and a 25 foot lakeshore variance be granted. The Valiance requested would be consistent
with variances granted to the structure on the adjacent parcel and with previous actions of the Planning
Commission related to lakeshore setback variances.
Corrnrents from the Commissioners were on; street right-of-way. alternative design for deck. and all were
in consensus of the 5 foot sideyard and the 25 foot lakeshore variance.
MOIlONBYLOFIUS, SECONDBYVONHOF, TO APPROVE A FlVE(5) FOOT NORTH SIDEYARD
VARIANCE FROM TIlE TEN (10) FOOT SIDEYARD SETBACK REQUIREMENT AND A
1WENTY-FIVE (25) FOOT LAKESHORE VARIANCE FROM TIlE SEVENTY-FIVE (75) FOOT
LAKESHORE SETBACK REQUIREMENT FOR TRACf A (PARr OF Lars 9. 10. I L AND 12.
BLOCK 25, SPRING LAKE TOWNSITE). RATIONALE BEING IT DOES MEET TIlE HARDSHIP
CRITERIA AS OU11.JNED IN TIlE STAFF REPORT. IS CONSISTENT WITH THE ADJACENT
PARCEL AND WOULD Nor BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE
COMMUNITY.
Vote taken signified ayes by Loftus, Vonhof, Roseth, Kuykendall, and Arnold. MOIlON CARRIED.
A recess was called at 9:08 P.M. and the meeting reconvened at 9: 10 P.M.
* ITEMV-VARIANCUITY OF PRIOR LAKFJIlFA::KER ARENA PRODUCTS
Bonnie Carlson. Assistant City Manager. representing the City and the applicant Becker Arena PrOdUCl'i.
presented the information as per planning report. The request is to consider a 10 foot ea'it sideyard variance
from the 20 foot side yard setback requirement of the I-I. B ll'iiness Park Zoning Disoict The development
could not occur on the original site intended due to the wet conditions within the plat. therefore an alternate
site was chosen. There are more stringent setback requirement'i within Block I which requires a variance
for the proposed construction. The City and developer have spent considerable time and effoll in an
attempt to accomplish the objective of the Business Park. It is in the City's best interest to facilitate this
project
Corrnrents from the Commissioners were; turning radius, setback requirements, doUars invested,
redesigning building, and type of building material used.
PLANNING COMMISSION
May 19. 1994
Page 3
MOllONBY ROSEllI, SEmND BY VONHOF. TO APPROVE A TEN (10) Foar EAST SIDEYARD
VARIANCE FROM THE 1WEN1Y (20) Foar SIDEYARD SETBACK REQUIREMENT OF THE I-I
BUSINESS PARK ZONING DISlRICf RATIONAL BEING THE APPLICATION MEETS THE
HARDSHIP CRITERIA, OBSERVES THE SPIRIT AND INTENT OF THE ORDINANCE AND
BUSINESS PARK DISTRICf, AND IT WOULD Nor BE CONTRARY TO THE PUBLIC INTEREST
Vote taken signified ayes by Roseth, Vonhof, Arnold, Kuykendall, and Loftus. MOTION CARRIED.
Discussion followed on the changes in the Bylaws.. meeting day changed to second and fourth Mondays and
starting time changed to 7:00 P.M. A city-wide tour will be scheduled for June 30, 1994, at 6:00 P.M.
MOllONBY LOFI1JS, SEmND BY VONHOF. TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Vonhof, Roseth, Arnold. and Kuykendall. MOTION CARRIED.
The meeting adjourned at 9:58 P.M. Tapes of the meeting are on file at City Hall.
Herst W. Graser
Director of Planning
Rita M. Schewe
Recording Secretary
PLANNING COMMISSION
May 19. 1994
Page 4
SP51M1
MEMO
TO:
FROM:
DATE:
RE:
DRC MEMBERS
DEB GARROSS, ASSISTANT PLANNER
FEBRUARY 8, 1995
BECKER ARENA PRODUCTS ADDITION
BACKGROUND:
The purpose of this memo is to provide the result of the site plan review conducted for
the proposed expansion of the Becker Arena Products building located at 5448
Cottonwood Lane, Prior Lake. It is my understanding that the purpose of this site plan
review is to provide general information to the applicant as requested by Roger
Guenette. Please be advised that a formal review of the site plan was not conducted
due to the limited amount of information submitted for review. In order to provide a
detailed site plan review, all items identified on the attached DRC "Site Plan Application
Check List" would have to be submitted by the applicant.
The sections of the Zoning Ordinance which apply to the subject site are the Business
Office Park requirements, Landscape Screening and Off Street Parking requirements
which are attached to this memo.
PROPOSAL:
The proposal is to add approximately 4,800 square feet of manufacturing, (60'x80'
addition to the north side of the existing building), and an alternative to add a 4,800
square foot warehouse, (60'x 80' addition to the northwest corner of the existing
building).
INFORMAL REVIEW COMMENTS:
Zoning Ordinance Section 6.41 B specifies that a complete site plan is required in order
to begin the formal review process by the ORC. The applicant should note that this
review contains general information based on an incomplete application and the
comments herein are subject to change with the submission of a complete application.
1 . The proposed structure addition appears to be consistent with setback
requirements of the B-P District, however, a 10' east side yard variance would be
required to construct the manufacturing addition as proposed on sheet A-1 of the
Site Plan.
2. Exterior building materials are required to be of like or better quality than the
existing building. The applicant should provide exterior elevations, a list of
proposed exterior materials as well as existing elevations and exterior materials
with the site plan.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Loading and service areas are required to be completely screened from eye
level view from adjacent streets. The site plan should be amended to define the
loading/service areas and screening plan as per requirements of the Zoning
Ordinance.
4. All utility and mechanical equipment proposed on the exterior of the building, roof
and grounds should be identified on the site plan. A screening plan will be
required indicating how mechanical and utility equipment will be screened from
eye level view from adjacent streets.
5. Dumpsters, recycling, trash and trash handling equipment are required to be
stored within the principle structure or within an accessory structure of the same
materials as the principle structure, and must be completely enclosed with closed
doors and a roof. The applicant should provide detailed information related to
the trash enclosures, and screening plan as per requirements of the Zoning
Ordinance.
6. The site plan does not address lighting, signage, drainage. In the event that
lighting and signage are proposed, the site plan should be amended with exterior
lighting and signage consistent with the requirements of the B-P District.
7. The 30' driveway indicated on the site plan to "access the property from
Cottonwood Land is inconsistent with the maximum 24' driveway width specified
in the Zoning Ordinance.
8. The site plan should include a floor plan for the proposed additions.
9. The applicant should provide information related to the number of employees that
will be working on the maximum working shift, in order to determine the number
of required parking spaces for the addition.
10. A detailed landscape plan addressing parking lot and site landscaping as well as
required screening as per the Zoning Ordinance. The landscape plan should be
made part of the site plan submittal.
f-f/t!dii
12800 Whitewater Drive'
Minnetonka, MN 55343
612-938'2341
FAX 612-938'8519
7600 Parklawn Avenue
Edina. MN 55435
612-831-6600
FAX 612-831-1828
~J~f1 Jo
January 23, 1995
IRREVOCABLE LEn'ER OF CREDIT NO. 1228
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372-1714
Gentlemen:
Me hereby establish in favor of the City of Prior Lake this Irrevocable Letter of
Credit No. 1228 for the account of Becker Arena Products, Inc. in an aggregate
amount of Seven Thousand Five Hundred Seventy-Five Dollars ($7,575.00). Partial
drawings are permitted.
Each draft drawn under this Letter of Credit must:
1) Be signed on behalf of the City of Prior Lake;
2) Bear on its face the clause "drawn under Fidelity Bank Letter of Credit
No. 1228 dated January 23, 1995"; and
3) Be accompanied by a certification signed on behalf of the City of Prior
Lake that Becker Arena Products, Inc. has failed to complete the deferred
work according to the approved plans, sheet L1, dated June 7, 1994 and the
letter dated August 26, 1994 from Blair Tremere, Acting Planning Director,
City of Prior Lake.
tlir] '1
J J -'I rr-rl,'.''''~nr''~- 'f
Me hereby engage with drawers and/or bona fide holders that drafts drawn and
negotiated in conformity with the terms of this credit will be duly honored upon
presentation.
Except as otherwise stated herein, this Letter of Credit shall be governed by the
most recent version of the Uniform Customs and Practice for Documentary Credits
(1993 Revision), International Chamber of Commerce Publication No. 500.
FIDELITY BANK
By,IJ()Afl)1/ m .~rwJ)k )
Susan M. Johnson, C ercial Loan Offlcer
State Bank of Chanhassen
600 West 78th Street
Chanhassen, Minnesota 55317
(612) 937-2265
"LENDER"
CITY OF PRIOR LAKE
IRREVOCABLE
LETTER OF
CREDlT
:::ADDRE5S>
14isocoMMERcJi;..AVEHUE...............
:P~~()~H~' MH 55372
:~ffl9~~fflV:::::iP~iffl.fflM~ij9;
LOAN /LETTER OF
CREDIT NO.: LaC 112 (R)
":::::::::::::::::::::::::::::::::::::::::::::i::::::::::::::::::::::::::::::::::::::::::::::::::CH.U.. .S. HTHO: .M.. E.. .n. .::::'
;:;:::::::;:::::::::;:;:::::;:;:;:::::::;:;:;:::::::;:::::;:;:;:;:;:;:;:;:::;:;:;:;:::;:;:::;:;:;:;::...';"'.':'..,.;...:..,...,.........,...,.:..;:::::
..................,.......................,....
........................,.......................
.................................................
................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.................................................
. . . . . . . . . . . . . . . . . . .. ............................
.................................................
... .............. .... ..... ........ .
B. C. BURDICK
684 EXCELSIOR BLVD.
. .J!:;gJ!:~~I.():R"... .~..... .~5331.... .................. ................ ............. ....
.!tEu:pHONiiN6/:......}::.}}::::}:iDENTiFiCAiloL\iH(i:}>:............ .
....................-,......,...........................................,.......................'........
..-.......-... ....... .... ..................... .......... ............................-.....
612-474-5243
This letter of Credit shall expire upon the earlier ot
1 the close of business on
NOVEMBER 15. 1996
and all drafts and accompanying statements or documents
must be presented to lender on or before that time; or
2. the day that lender honors a draw under which the full
amount of this letter of Credit is drawn.
lender indicatect aoove {"lender") hereby establishes an Irrevocable letter of Credit in favor of Beneficiary for a sum or sums not
exceeding the aggregate amount of TWELVE THOUSAND AND NO/lOa
Dollars ($ 12.000.00). These funds shall be made available to Beneficiary against lender's receipt from Beneficiary of
drafts drawn at sight on lender at its address indicated above (or such other address that lender may provide Beneficiary with written notice
of in the future) and accompanied by the signed written statements or documents indicated below.
WARNING TO BENEFICIARY: PLEASE EXAMINE THIS lETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS
REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY TO SEE IF THE
lETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU Will RISK LOSING PAYMENT UNDER THIS lETTER OF CREDIT FOR
FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN.
1. DRAFT TERMS AND CONDITIONS
lender shall honor the drafts submitted by Beneficiary under the following terms and conditions:
A. THE ORIGINAL OF THIS LETTER OF CREDIT;
B. A NOTARIZED DRAFT EXECUTED BY A DULY AUTHORIZED REPRESENTATIVE OF THE
CITY OF PRIOR LAKE STATING THAT THE DEVELOPER HAS FAILED TO PERFORM AS
REQUESTED UNDER THE TERMS OF THE DEVELOPMENT CONTRACT AS IT RELATES TO THE
LANDSCAPING OF THE PROPERTY. SUCH STATEMENT SHALL SET FORTH THE AMOUNT
REQUIRED TO CURE THE DEFECT IN PERFORMANCE BY B.C.BURDICK.
Upon lender's honor of such drafts and payment to the Beneficiary, lender, once the full amount of credit available under this letter of
Credit has been drawn, shall be fully discharged of its obligations under this letter of Credit and shall not thereafter be obligated to make any
further payments under this letter of Credit in respect of such demand for payments to Beneficiary or any other person. If a non-conforming
demand is made, lender shall notify Beneficiary of its dishonor on or before the time mentioned in Section 5 below.
Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other
document which complies strictly with this letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or
presented by any party or under the name of any party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as
Beneficiary. By paying to Beneficiary an amount demanded in accordance with this letter of Credit, lender makes no representation as to
the correctness of the amount demanded and lender shall not be liable to Beneficiary or any other person for or in respect to any amount so
paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the
proceeds of such payment. By presenting upon lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not
present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to lender and confirmer any funds
received by Beneficiary in excess of the letter of Credit's maximum drawing amount.
2. USE RESTRICTIONS
All drafts must be marked "DRAWN UNDER STATE BANK OF CHANHASSEN IRREVOCABLE
lETTER OF CREDIT NO. LOC 112 (R). DATED NOVEMBER 15, 1995 ", and the amount of each draft
shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee (only if transferable) may complete a draft and accompanying
statements or documents required by this Letter of Credit and make a draw under this letter of Credit. This original Letter of Credit must
accompany any draft drawn hereunder.
Partial draws [i] are permitted D are not permitted under this letter of Credit. lender's honor of a partial draw shall
correspondingly reduce the amount of credit available under this Letter of Credit. Foilowing a partial draw, Lender shall return ill is
original letter of Credit to Beneficiary with the partial draw noted thereon; in the alternative, and in its sole discretion, lender may
issue a substitute letter of Credit to Beneficiary in the amount shown above less any partial draw(s).
3. PERMITTED TRANSFEREES
D This Letter of Credit may be transferred by Beneficiary upon providing Lender with prior written notice of the transfer. The
Transferee shall be deemed the new Beneficiary of this letter of Credit and the documents of the Transferee, including drafts
required under this letter of Credit, are to be processed by Lender (or any intermediary) without the, original Beneficiary's
intervention and without any further responsibility on lender's part to the original Beneficiary.
[i] The right to draw under this letter of Credit shall be nontransferable, except for:
A. A transfer by direct operation of law to the original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator,
successor, or other representatives at law; and
B. The first immediate transfer by $uch legal representative to a third party after express approval of a governmental body Qudicial,
administrative, or executive).
lJ',MNlIO! Ii! ~6rmAtl6fl i'6hnlllogl'8,lft6, (1!/11l/11l) (800) 8ay,aY!l8
4. TRANSFEREE'S REQUIRED DOCUMENTS
When the presenter is a permitted Transferee under paragraph 3 above, the documents required for a draw shall include:
A. All documents required elsewhere in this letter of Credit, except that such documents may be in the name of either the original
Beneficiary or the presenter permitted by paragraph 3; and
B. When the presenter is a permitted Transferee under paragraph 3.A or a third party under 3.B, a certified copy of the one or more
documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary.
5. TIMING OF DISHONOR
Under no circumstances shall Lender be precluded from relying upon any reason for dishonor given in a communication which
Beneficiary or the presenter receives within three (3) banking days after Lender has received the last document forming part of
Beneficiary's presentment (the .Three-Day Period.). Lender shall be entitled to rely upon any such reason without regard to either (i) the
timing of any presentment made before the Expiration Date, or (ii) the timing inside the Three-Day Period of any preliminary
communication(s) from lender concerning the dishonor decision itself or any reason for dishonor. For any such reason so given during
the Three-Day Period, lender shall be conclusively deemed to have met the .reasonable time., .without delay", and other timing
requirements as the UCP (as hereafter defined) and U.C.C. may impose. The Expiration Date shall not be extended to accommodate a
presentment made with less than three (3) banking days to go before the Expiration Date, and Beneficiary shall not be entitled to submit
a draw request or provide lender with any documents in support of a draw after the Expiration Date hereof. Nor shall lender ever be
required to communicate a dishonor decision or its reasons within a time less than the Three-Day Period.
6. COMPLIANCE BURDEN
Under no circumstances shall lender be held responsible for any impossibility or other difficulty in achieving strict compliance with the
requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present
wording of this letter of Credit is amended with lender's prior written consent, the burden of complying strictly with such wording
remains solely upon Beneficiary; and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and
continued approval of such wording.
7. NON-8EVERABILlTY
If any aspect of this letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction,
Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both lender and Beneficiary shall be
restored to the position each would have occupied with all rights available as though this letter of Credit had never occurred. This
non-severability provision shall override all other provisions in this letter of Credit, no matter where such provision appears within the
Letter's body.
8. CHOICE OF LAW/JURISDICTION
The International Chamber of Commerce Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No.
500 (the .UCP.) shall in all respects be deemed a part hereof as fully as if incorporated herein and shall apply to this letter of Credit. This
Agreement shall be governed by and construed in accordance with the laws of the State of MINNESOTA
United States of America, except to the extent such laws are inconsistent with the UCP. Lender and Beneficiary consent to the
jurisdiction and venue of any court located in the State of MINNESOTA in the event of any legal proceeding under
this Letter of Credit.
9. EXPIRY
lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this letter of Credit will be duly
honored if presented to the Lender on or before the Expiration Date.
Dated: NOVEMBER 15, 1995
LENDER: STATE BANK OF CBANHASSEN
By:7~~.7L
FRANK M. FULLER
TITLE: VICE PRESIDENT
ENDORSEMENT OF DRAFTS DRAWN:
Date
Negotiated By
Amount
In Words
Amount
In Figures
I.P-MNllm (!) FormA"o" T~ehnQlagle.. foe. ('''/18/93) (BnO) !l37.31llll
January 20, 1995
Mr. James Becker, President
Becker Arena Products, Inc.
5448 Cottonwood Lane SE
Prior Lake, MN 55372
Dear Mr. Becker,
On January 6, 1995, I received a fax from you indicating that an error was found in the
estimated cost of work to be deferred, which was listed as $11,140.00 and should have been
$6,060.00. I am in support of this correction, and am awaiting the Letter of Credit in the
amount of $7,575.00 (125% of $6,060.00).
City staff have been in contact with Jeff Hensel of Greystone Construction Company
regarding the site plan for the future addition that you are proposing. Please be aware that
lack of a Letter of Credit for the first phase may delay the progress that you are seeking to
make on this addition.
If you have any questions, please feel free to contact me at 447-4230.
Sincerely,
~e~~
Planning Director
gmm
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORIUNITY E:MPLO~R
INTEROFFl.C...E
TO:
FROM:
SUBJECT:
DATE:
rt BONNIE CARLSON, ASSISTANT CITY MANAGER
, BRUCE LONEY, ASSISTANT CITY ENGINEER
\ SOIL CORRECTION AND UTILITY CONNECTION
REIMBURSEMENT TO BECKER ARENA PRODUCTS INC.
JANUARY 18, 1995
As per your request, the Engineering Department has evaluated the cost
reimbursement for the soil correction and utilities as submitted by Greystone
Construction Company on behalf of the Becker Arena Products Inc. Attached to this
memo are the costs for the soil correction and utilities as itemized by Greystone
Construction Company including the contractor's overhead and profit. Their total based
on the cost is $25,960.50.
After review of the cost items, quantities and unit prices, the Engineering Department
agrees with the items except the following:
1.
2.
The Geo fabric under asphalt paving
The 3" of add'lGlass 5, 155 tons @ 11.50
$1,600.00
$1,782.50
These two (2) items were based upon a soil recommendation done by GME
Consultants Inc. on August 3, 1994, and these measures were recommended by Mr.
Steven J. Ruesink after observation of the test rolling of the areas to be paved. In
conversation with Mr. Ruesink, it was his opinion that these items should be done in
order to construct an acceptable pavement section due to the fact that the soil may be
overly wet due to the weather and also due to the time schedule of the project. It is my
opinion that the soil could have been dried out as part of the project construction for the
pavement and should not be considered a soil correction cost. Removing these two (2)
items would reduce the reimbursement costs to $22,239.80 which includes a 10%
contractor's overhead and profit.
If you have any questions in regards to this memo, please feel free to contact me in my
office.
8MEM2.ENG
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
01/06/95 13:15
'6'612 631 8304
BECKER ARENA PRO
i4J 001
JANUARY 6, 1995
TO: CITY OF PRIOR LAKE
FA-?lf Y4/-~~4:::'
ATTN: DON RYE
PLANNING DIRECTOR
FROM: GAIL BECKER
RE: LETTER OF CREDIT
----------------------------------------------------~--------~--
I N~ IN THE PROCESS OF SETTING UP A LETTER of CREDIT FOR SOME
DEFERRED WORK (COPIES OF LETTERS ATTACHED).
THE PL1RPOSE OF THIS FAX TODAY IS TO BRING TO YOUR ATTENTION AN
ERROR I FOUND IN THE ESTIMATED AMOUNT WHICH IS LISTED NOW AS
$11,140.00 AND SHOI~D BE $6,060.00.
WHEN MR. BECKER ORIGINALLY GOT AN ESTIMATE FROM THE GENERAL
CONTRACTOR, wnICH IS GREYSTONE CONSTRUCTION, FOR $6,060.00 FOR
ALL OF 'rrlE DEFERRED WORK THAT NEEDS TO BE COMPLETED. THE OTHER
ESTIMATES FROM CUSTOM LANDSCAPE SERVICES AND METRO T~WN
SPRINKLERS WERE ONLY TO HELP SUBSTANTIATE THE GREYSTONE BID.
I WANTED YOU TO BE AwARE OF THIS BEFORE YOU RECEIVE THE LETTER OF
CREDIT PAPERWORK WI1~ THE DIFFERENT THAN ORIGINAL AMOUNT WHICH
WILL BE $7,575.00 (125% OF $6,060.00) INSTEAD OF $13,925.00 (125%
OF $11,140.00).
I WILL GO AHEAD WITH THE LETTER OF CREDIT WITH THIS CHANGE WHICH
WILL BE DONE EARLY NEXT WEEK tJNLESS I HEAR FROM YOU OTHERWISE.
THANK YOU FOR YOUR COOPERATION.
REGARDS,
GAIL BECKER
~
ARENA PRODUCTS, INC.
5448 Cottonwood Ln. S.E.
Prior Lake, MN 55372
612/440-8655
800/234-5522
FAX: 612/440-8656
01/06/95 13:19
ft612 631 8304 BECKER ARENA PRO
CREYSTOHE CONSTRUCTIO~ 4454191
141006
P.B3
1921 QAVIS CT.
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BECKER ARENA PRO
[4]001
F~le
DECEMBER 21, 1994
TO~ cITY OF PRIOR LAKE
ATTN: BLAIR TREMER~
FAX # 447-4245
FROM: GAIL BECKER
RE: YOUR LETTER DATED 12/8/94, LETTER OF CREDIT
-----------------------------------------------------------------
I AM IN THE PROCESS OF SETTING UP THE IRREVOCABLE LETTER OF
CREDIT IN THE AMOUNT OF #13,925.00 REF. YOUR LETTER DATED
l2/8/94.
MY BANK NEEDS TO KNOW IF YOU REQUEST THAT BE SET UP ACCORDING TO
yoUR OWN FORMAT OR WILL YOU ACCEPT THEIR STANDARD FORMAT? IF YOU
DO HAVE A REQUESTED FoRMAT PLEASE FAX OR MAIL A COpy TO MY
ATTENTION.
I WILL AWAIT YOUR REPLY.
THANK yOU.
{1 t '[I CfLj-
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r6 /;t 'GS&~ s~ 0(0
5448 Cottonwood Ln. S.E. /?-------. '
Prior Lake. MN 55372 if' ~
612/440-8655
800/234-5522
FAX: 61 2/440-8656
REGARDS,
~
ARENA PRODUCTS, INC.
f'lE
-
December 12, 1994
Mr. James Becker, President
BECKER ARENA PRODUCTS, INC.
5448 Cottonwood Lane S.E.
PriorLake,MN 55372
RE: EXPIRATION OF TEMPORARY CERTIFICATE OF OCCUPANCY
Dear Mr. Becker:
I am writing to inform you that your temporary Certificate of Occupancy expired
September 30, 1994. The City of Prior Lake will extend your temporary Certificate of
Occupancy to June 1, 1995 when the Letter of Credit, as stated in the December 8,
1994 letter from Acting Planning Director, Blair Tremere, has been received by the Prior
Lake Planning Department. When all items on the punch list have been completed, the
City of Prior Lake will issue a final Certificate of Occupancy. Until the Letter of Credit
has been received, occupancy is in violation of City ordinance and State Building Code.
If you have any further questions regarding the above information, please feel free to
call me at 447-4230 during the hours of 8:00 A.M. to 4:30 P.M., Monday through Friday.
i??~Y~::fs~-
vJj!)t /
Paul Baumgartner
Building Inspector
CITY OF PRIOR LAKE
PB:jlp
PLET1S.wRT
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230' / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
REVISED 12/13/94
f6r
December 8, 1994
Mr. James Becker, President
Becker Arena Products, Inc.
5448 Cottonwood Lane SE
Prior Lake, MN 55372
Dear Mr. Becker:
I have calculated the amount of the required Letter of Credit based upon the information you
submitted; this is for the deferred work according to the approved plans. The amount has been
computed in accordance with the zoning ordinance criteria for performance guarantees; the
amount is 125% of the estimate, $11,140.00.
Thus, you should submit an irrevocable Letter of Credit to the City of Prior Lake in the amount of
$13,925.00. The amount can be reduced next season as work is actually completed or at such
time that the approved plans may be amended. It is possible that if revised plans are approved,
additional landscaping and site improvements would require an amended Letter of Credit.
I verified that the trees and bituminous curbing mentioned in your October 31 letter had been
installed; however I did not receive notice that the re-seeding had occurred. You should verify
that next spring.
Finally let me share with you information I received from the Building Official regarding a "punch
list" of items that needed completion:
1. Install an extension to the hydrant. See City specification details to get the break
off plans at the proper elevation. Refer to Standard Plate #304.
2. Paint and flag the fire hydrants.
3. Submit the test results of the trench backfill per the specifications.
You should contact Verlyn Raaen in the City Engineering Department.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Thank you for your coordination of this matter. Please call me if you have any questions
regarding matters other than the punch list items.
BT/cmc
cc: Gary Staber, Building Inspector
Verlyn Raaen, Engineering Technician
;
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CONSTRUCTION COMPANY
BECKER ARENA PRODUCTS
11-15-94
Costs beyond typical construction due to site conditions.
General Conditions:
- Additional testing due to poor soil conditions.
Cost not passed on
Site Work:
- S t rip top s 0 i 1 - 2300 CY @ 1. 25 =
- Common excavation - 1.200 CY @ 2.00 =
Import sand cu.hion - 250 GY @ 6.00 =
- Parking lot cut and fill =
- Geo fab ri c unde r asphalt pavi ng =
- 3" of addi t. Cl ass 5. 155 tons @ 11.50 =
- 1" addit. asphalt in parking area Cost
Utilities:
- Storm sewer - 90 LF @ 23.00 LF
1 - Manhole
- Watermain - 196 LF @ 28.00 LF
1 - Post Indicator Valve
1 - Fire HYd~ant & Valve
- Sanitary Sewer - 85' Installed @ 18.00 LF
Sub Total
Contractors OH & P 10%
Total
IIII
$ 2.875.00
$ 2.400.00
$ 1.500.00
$ 800.00
$ 1.600.00
$ 1.782.50
not passed on
$ 2.070.00
$ 950.00
$ 5.488.00
$ 783.00
$ 1.822.00
$ 1.530.00
$23.600.50
$ 2.360.00
$25.960.50
1221 East Fourth Avenue, Suite 110
Shako pee Minnesota 55379
Equal Opportunity
Employer/Contractor
Telephone: 612-496-2227
Fax: 612-445-4191
October 31, 1994
Mr. Blair Tremere
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
Dear Mr. Tremere,
Attached please find the estimates you requested for the future landscape work. Please put
together the performance agreement and we will make arrangements to take care of the
requirements. If you have any questions please contact me.
In response to your letter dated October 25th, the trees have in fact been planted on the east
side of the building as requested. These trees were planted approximately 3 weeks ago. The
reseeding has not taken place but I have been assured by Jeff Hensel that this will be done
shortly. Jeff has also indicated that the paved area erosion will be taken care of.
We did in fact install the bituminous curbing in the area which was originally requested.
If you have any questions please feel free to call.
Regards,
~BeCker Ar~C.
L..~
James Becker
President
~
ARENA PRODUCTS, INC.
5448 Cottonwood Ln. S.E.
Prior Lake, MN 55372
61 2/440-8655
800/234-5522
FAX: 61 2/440-8656
GREYSTOHE COHSTRUCTIOH 4454191
P.01
GKEYSi"Oi~E
CONSTRUCTION COMPANY
October 31, 1994
Becker Arena Products
5448 Cottonwood Lane S.E.
Prior Lake, MN 55372
Atto: Jim Becker
Dear Jim:
Find below the bid fot your future landSCsping and curb
work.
1.120 LF of curb and gutter @ $8.00/LF
2. Lawn Irrigstion System
3. Landscapi n9
Tota 1
JH/sb
$ 960.00
$2.840.00
$2.249..9.9.
$6,060.00
\
~
1221 East Fourth Avenue, Suite 110
Shakopee Minnesota 55379
Equal Opportunity
Employer/Contractor
Telephone: 612496-2227
Fax ~ 612-445-4191
.
GREYSTONE CONSTRUCTION 4454191
p.ez
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~
CUSTOM
LANDSCAPE
SERVICES
1133 THIRD A VENUS EAST
SHAKOPEE. MINNESOTA 55379
(612) 445.7286
BRIAN R. KOENIG
Certified Nurseryman
9-29-94
BECKER ARENA PRODUC'l"S
Future trees for phase two expansion.
3 _ Summit Ash 2.511 B&B
@ $260.00
"" $1200.00
= $ 520.00
'" $ 520.00
4 _ American Linden 2.5" B&B @ $300.00
2 - MaJ:shall's Ash 2.5" B&B @ $260.00
Total E $2240.00
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GREYSTONE CONSTRUCTION 4454191
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1921 DAVIS CT.
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October 25, 1 ~4
Mr. James Becker
Becker Arena Products
5448 Cottonwood Lane SE
Prior Lake, MN 55372
Dear Mr. Becker:
I am writing you because the matters I discussed in my September 16, 1994 letter have not
been resolved. I did not hear from you following that letter but I did receive a call from Mr. Jeff
Hensel on September 29. He told me that all of the items in the letter would be accomplished
and he asked whether the paved area could be "left open" for this winter season, rather than
installing the temporary bituminous curbing, to facilitate snow removal.
I checked with the City Engineer on that item and got back to Mr. Hensel confirmed that the
temporary curbing could be deferred for this winter season; however, I noted our concern with
sheet drainage and erosion. He told me that you were going to have the entire area reseeded
to ensure that there would be a viable turf.
My recent site inspection indicates that none of the other work has been done including the
planting of the trees. Also, erosion is occurring from paved area run off.
Also, I have not received any detailed cost estimates for the deferred items.
There is still time to plant the remaining trees that were not deferred according to your approved
plan and it is reasonable to expect that you can provide a detailed cost estimate for all of the
other deferred site improvements within a week. We will use that data to develop the required
Performanace Agreement and Financial Guaranty.
You were issued a Temporary Certificate of Occupancy on the explicit understanding that each
matter would be promptly resolved. That was over a month ago. I write you directly in the hope
you can ensure the appropriate information is directed to us in a timely manner. Please see that
the necessary steps are taken to complete the work and to provide us with the information by
November 1 .
Sincerely,
pat-a~
Blair Tremere h~
Acting Planning Director
-~~.':.:::
BT Ice
cc: Gary Staber, Building Official
Bonnie Carlson, Assistant City Manager
Jeff Hensel
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~-.........,.._'
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OONSULTlNG BNGINE118 P AGE OF
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CONTRACTOR (PRIME/SUB) d LSo r\) eLL. ,SUPERINTENDENT 6~7'lf? ('J'AA!./4,,}
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SIZE-MATERIAL DEPTH x WIDTH
SOIL TYPE CALC QUANTlTY
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END STA YIELD = USED hAle
BEGIN STA COMMENTS:
LENGTH
FOREMAN VIJ..VES. F1TllNGS. H"1'ORANTs.
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START TlME station Type Depth Slze
END TlME
COMMENTS: p~ fL II d.Li ~ ....., R. . .D~'" JA;-J ....-r,.. J C' A:7.Q c h ~ ,J -A'
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BY O/l../ CHECKED PAGE OF
September 16, 1994
Mr. James Becker
Becker Arena Products, Inc.
5448 Cottonwood Lane SE
Prior Lake, MN 55372
Dear Mr. Becker:
I wrote you on August 26, 1994 following our meeting at your new facility which you
have now occupied at. This letter is to advise you that I have not received the
information I requested in that letter, and to further notify you that the work now done on
the site is not consistent with the revised plan that we approved for you regarding the
temporary paving and curbing. Your occupancy is based upon a temporary certificate
which expires at the end of this month. I urge you to take the necessary steps to correct
the work and to provide the information.
1.
You had informed me that you and your contractor had decided to
implement the pavement and curbing design we approved on August 10,
1994 on sheet L 1. The temporary bituminous curbing has not been
installed as per that plan and the area east of the temporary curbing has
not been seeded?
".
2. The August 26, letter specifically discusses our approval of your request to
defer certain trees. The required trees have not been installed as
indicated on your approved plan and as described in that letter.
3. The detailed cost estimate for the trees, sodding, irrigation system, and
the permanent curbing that will be deferred is needed promptly so that I
can prepare the necessary documentation and so that you can obtain the
required financial guaranty.
The executed performance agreement and financial guaranty for the deferred
landscape improvements are required, among other items, before the final certificate of
occupancy can be issued.
I have enclosed another copy of the sheet L 1 that specifically indicates the deferred
landscaping improvements as specified in the August 26 letter. I was going to provide
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
."
that plan for your files after we received the detailed and cost estimates. This may
assist you in finding those improvements for which you need the cost data. The cost
information should be prepared by a qualified landscape architect or professional
landscaper who has bid or would be bidding the work.
I appreciate that moving to a new facility is very hectic and that you no doubt have many
things to do. However, as I emphasized at our meeting last month, it is vital that you
either install all of the required improvements or work with us to account for the deferred
work. We pursued this in good faith by issuing the temporary certificate of occupancy
that met your immediate needs. I ask that you ensure that the remaining items are
resolved in a timely manner. Thank you for your cooperation.
Sincerely,
~.//''J '.. /
i )
i"." ~c-
I
Blair Tremere
Acting Planning Director
City of Prior Lake
---
cc: file
Gary Staber
August 26, 1994
James Becker
Becker Arena Products Inc.
P.O. Box 416
Chanhassen, MN 55317
Dear Mr. Becker,
I am writing to confirm our several discussions and our understandings regarding site improvements.
Your initial inquiry on July 29, 1994, to Assistant City Manager Bonnie Carlson, resulted in Staff's review
that I summarized for you.
You have a copy of the plan (Sheet L 1) dated June 7, 1994 with the revisions as to temporary curbing and
turnaround area paving dated August 10, 1994. The landscaping proposal as stated in your July 29,
1994, letter was not approved. I did indicate that we could develop a plan that will defer installation of
certain required improvements, namely trees and irrigation system; that deferral is in recognition of
1 anticipated improvements to County Road 21 and to the anticipated development of your "future building".
I agreed at our meeting in the field on Monday, that certain trees shown on Sheet L 1 dated June 7, 1994,
could be deferred, namely, the two trees in the northwest corner adjacent to future pavement area; the
four trees along the north line adjacent to County Road 21; and the three trees along the east line
adjacent to the "future building". I indicated that the two trees along the east line adjacent to the
completed warehouse/office building should be installed at this time. The irrigation system in the
landscape areas in the future phase two is also deferred.
We agreed that the permanent curbing, trees, sodding, and irrigation system that are deferred will be
identified in a performance agreement and a financial guarantee. I will prepare the necessary paperwork
for the performance agreement and financial guarantee. I need some information from you however, as
we discussed at our meeting. I need a detailed cost estimate for the trees, sodding, irrigation system, and
the permanent curbing as shown on your approved site plan. Incidently, I called your office and asked for
two more prints of that approved plan; the reason is to provide you with a plan that indicates deferred
materials.
I understand you have applied for a temporary certificate of occupancy; I will advise the Building Official
that you are working with me as to the performance agreement and financial guarantee on the
landscaping improvements. The executed performance agreement and financial guarantee for the
deferred landscape improvements are required, among other items, before the final certificate of
occupancy can be issued.
Please call if you have any questions.
Sincerely,
~
Blair Tremere
Acting Planning Director
CITY OF PRIOR LAKE
BT:rms
A
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
--- -- ~ - ----------- --- --- ---------
GREYSTOriE
OJElflf[bOO @[f lfOO~~~U0UDlf1J~[L
CONSTRUCTION COMPANY
1221 East 4th Avenue, Suite 110
Shakopee, M N 55379
(612) 496-2227
OATE 1 Joe NO
8/26/94 2270
ATl(""liON
Blair Tremere
In
Becker Arena Products
,
I
TO Ci ty of Prior Lake
4629 Dakota St. S.E.
Prior Lake, ~m 55372
GENTLEMEN:
WE ARE SENDING YOU a Attached 0 Under separate cover via
o Shop drawings
o Copy of letter
o Prints
o Change order
og Plans
o Samples
the following items:
o Specifications
o
COPIES OAT[ NO DESCRIPTION
I 6/7/94 LI Landscaping Plan
THESE ARE TRANSMITTED as checked below:
o For approval
QQ For your use
o As requested
o For review and comment
o FOR BIDS DUE
o Approved as submitted 0 Resubmit_copies for approval
o Approved as noted 0 Submit_copies for distribution
o Returned for corrections 0 Return _corrected prints
o
19 0 PRINTS RETURNED AFTER lOAN TO US
REMARKS
Per Jim Becker's request.
COpy TO
SIGNED' ~1/~Y
(/
Oii29:9-l.
18:32
~612 6J1 830-1.
BECKER _~~A PRO
I4J 0 \) :!
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July 29, 1994
Ms. Bonni~ Carlson
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
Dear Bonnie,
Per aur coo'.:ersation, below is 3. list of items th3.t we are requesting (l tempor31)' delay in
completing at our facility on Cottonwood Lane.
Landscaoin1!;
Delay planting of trees on Northwest half of property until new O\Nners of West lot and I ':;311
agree on possible joint landscaping.
Delay planting of trees un the East side of prop~rry until East aji)inin~ lot i~ sold ~~d nt:\l,j
owner and I can agree on possible joint landscaping.
Delay pl:mting of trees on Nor-ill side of property until the County compldcS theirla11J:;C<iping
and trails.
parkint! Area:
Delay installation of curbing on t.'1e North side of parking lot and install class 5 base for
trUcks to enter and back into loading dock area correcdy and safely This would e1iminatt tht
need for trucks to back 1.1'lto the loading dock area from Cottonwood Lane If we 4lfe required
to install this curbing (cost approximately $ 1000.00) when we de::cidl:: to expand vU! facility
this curbmg would have to be removed If wiuu.."'l 24 months We do not ~xpand our facilir)'"
we would 3.;;..>"f'ee to curb :md pave the area covered with class 5 base. This. area is on vur
original drawing submitted to the City of Prior Lake.
The curb is scheduled to be installed August 4th or Sth SO a decision needs to be made lath..::!
quickly.
If you have any questions please call.
Regards,
Becker Arena Products, Inc.
~~~
~
P.O. Box 416
Chanhassen. MN 55317
612-631-8221
1-800-234-5522
FAX: 612-631-8304
ARENA PRODUCTS. INC.
..
June 30, 1994
Robert O'Brien
Greystone Construction Company
1221 East Fourth Ave, Suite 110
Shakopee, MN 55379
RE: Landscape Plan for Becker
Arena Products Site
Dear Mr. O'Brien,
Based on our discussion of June 21, 1994, the following items were discussed and
agreed upon:
1 . The landscape plan must be complete taking into account both current
development and future additions.
2. The plan was to show additional screening of the loading area from
County Road 21. Plant material was to be introduced at the northwest
corner of the future parking/loading area and along the northeast corner of
the future building.
3. The plan must show the irrigation system.
4. A lighting plan.
Thank for your attention to this matter. Please contact me if you have any further
questions.
Sincerely,
%Vw ,~
Horst W. Graser
Director of Planning
CITY OF PRIOR LAKE
HWG :rms
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~ .
. MEMORANDUM
TO: DRC
FROM: HORST W. GRASER, DIRECTOR OF PLANNING
RE: BECKER ICE ARENA
DATE: JUNE 16, 1994
,
fQ {III
1 . Datftage and utility easements should be drafted and recorded together.
. Becker will need to grant a 2 ten foot easements
(SBA Mortgage - Prior Lake State Bank)
. Becker will need to grant water line easement to Prior Lake when location
is decided.
2. Erosion control
. Shown on utility plan.
3. Drainage swale
. Shown on utility plan.
4. Fire hydrant location on the site
. Shown on utility plan.
. Health department permit needed.
5. Sidewalk shown on plans
. Sidewalk shown on grading plan.
6. Storm sewer verification
. Utility plan indicates manhole was field verified.
7. Utility profile shown
. Profiles are indicated on utility plan.
8. Plans signed by a REgistered Engineer
. Plan sheets are signed by a Registered Engineer.
9. Cities stockpile of dirt
. Bid opening will determine time frame.
10. Parking computations
. Becker memo states refer to updated site plan. No reference is made to
any calculations that I could find.
11. Parking lot upgrade from rock to bituminous
. Site plan allows concrete curb but utility plan is in conflict with site plan.
Utility plan still shows larger parking area and crushed rock parking area.
12. Curb specification
. Site plan indicates concrete curb.
13. Landscaping
. A revised landscaping plan has not been submitted. Becker did respond to
an initial plan review by Westwood in a memo dated June 3, 1994.
.
mre~O"keMemomndum
To: Larry Anderson, City Engineer/Public Works Director
From:
/,
I..... ,-'
l
/..,t' .......
Re: / Becker Arena Products - Plan Review
Jeffrey T. Evens, Engineering Technician IV
Date: June 1, 1994
The following is a list of cemments and con~ero, } have after revie~g the ~~ve .~ion,ed dra~ngs.
- iJMV/(1'~q.{ L uf, (, ~ ~~7"=J cr;-u~/ftCV1. c:Lvtc.f/ ~
_ w;;)~~~ /2AA-P~~ ~ hs~bdJ ~ ..d/.R.Au-fl-~
1.) Erosion control measures must be addressed on the entire site. This
erosion control can be shown on the grading p~ and ~t]js plan must be
signed by a Registered Civil Engineer. /}t/Ut rvf;~ c?r(
2.)
3.)
4.)
5.)
A Drainage swale must be graded along the East lot line. This will require
a emergency overflow elevation of 947.81 at the halfway point on the East
lot line. The plans show trees to be placed on these lot line. These trees
may not work in this location.
A Hydrant will be required qn th,,@pite for Fire Prote..ction. 61-:) 15 (r€AA:b
II~~ (k/l'f bA~r
Existing contours sh?uld be shown for th~ site and 50 feet around the site I-
to ens-ure proDer drainage to and frqm adJalc~t I~. / vR.Iv0i7u..,$ ~'U
~UDc.u ,e2p~f;cMS ,,..,,., cicJro(fA (.A.., '\ ore ~, o~. A", ~
'" v , \" V ct/ff:l UA '0 ~ ,q c..v I
The 5' concrete sidewalk along Cottonwood Lane needs to be shown on
the site plan. This sidewalk is proposed to be l' inside the R/W on the
north side of Cottonwood Lane.
~;;:t;.
~<Z
) \
6.) The storm sewer shown on this site plan is incorrect. The actual MH is
approx. 35' NW of the one shown. These inverts must be verified to in,ure
proper flows. \
7.) Profiles will be required for all the utilities. The type of pipe and % of slope
will need to be shown.
8.) All sheets need to be signed by a Registered Civil Engineer.
9.) Drainage swale at North end of property - City's topsoil stockpile needs to
be removed and swale graded to provide drainage. Sale of excess topsoil
from thiS. site is scheduled for June 13, 1994 bid opening and removal to )
If /7 t./ start no sooner than July 1, 1994 ( & ~ r; kuf7
i:f:.COI00' j ~. /)~; b~~ !-.1rs ~ J~t.< :)
p~tu5r-/:;~;~ 2vcli ~!<U'~j lor
~ ^ (/-<< b 4I;tl<-c:;;~~'{// 1'-. ;fCl-IA CL C k ~ -p JI
i~c/rcal"" Fa.., (glM~ h;' if" 6 (/ V
-
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-
Westwood Professional Services. Inc.
'"
14180 Trunk Hwy. 5
Eden Prairie, MN 55344
612.937.5150
MEMORANDUM
FAX 612.937.5822
TO:
Horst Graser/Gina Mitchell
FROM:
Anne Deuring
DATE:
June 3, 1994
SUBJECT:
Becker Areana Products Planting Plan Review
BACKGROUND
We have reviewed the proposed planting plan for Becker Areana Products as to the conformance with the
landscape ordinance. The submission infonnation was substantially complete.
The proposed development is an office/warehouse use in a I-I, Special Industrial District, located on
Cottonwood Lane in south eastern Prior Lake. The site is also adjacent to County Road 21 on the north.
The zoning district to the north of the site is R-l, Urban Residential.
ANAL YSIS
Perimeter Tree Calculation: The proposed plan meets quantity requirements of the perimeter calculation.
(956 lineal feet of site perimeter requires 24 trees). The three (10%) trees required to be larger, 3 1/2"
diameter for deciduous 8' for evergreens, are only noted as 3" and 7' respectively.
Screening: The parking lot is adequately screened with berming and evergreen trees and shrubs on the
southwest side.
View of the loading dock from the north side, facing the residential district is not screened adequately. The
north end of the site is a future expansion area, however, the northwest and northeastern edges could
accommodate screening plantings now and probably not be affected by the future construction.
The trash storage area is not identified so adequacy of screening cannot be addressed.
Parking Lot Landscaping The size ofthe parking lot does not require additional landscaped islands.
RECOMMENDA TI ON
I. Increases the 2-J" Ash trees to 3 1/2" and the one 7' Colorado Spruce to 8'.
2. Improve screening ofloading dock from residential district to north.
3. Identify trash storage area and screenings.
Westwood Professional Services. Inc. is an equal opportunity emplover
GREYS TONE CONSTRUCTION 445419-1.-
P.02
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CONSTRUCTION COMPANY
TO:
City of Prior Lake
FROM:
Jeff Hensel/Greystone Construction
RE:
Becker Arena Products Plan Review
DATE:
June 3, 1994
The following is an itemized list which responds to issues
brought to our attention by City Staff.
,. Narrative on parking requirements - refer to updated site
plan.
2. Delays 1n completing required landscaping:
A. The east lot line planting should be delayed due to:
1. The adjoining lot is undeveloped and future
development could damage lot line plantings.
2. Development of adjoining lot will help determine the
best locations for trees and the best species of
trees to plant.
3. The future addition to the proposed building would
more than likely kill or damage lot line plantings.
8. The north lot line planting should be delayed due to:
1. The City will be constructing a drainage ditch, with
final details not complete.
2. A future path will be constructed, which has not
been designed or located.
3. The completion of the future building addition will
have a major impact on landscaping the northside of
the lot.
C. The north half of the west lot line planting Should be
delayed due to:
1. The adjoining lot is undeveloped and future
deveiopment could harm lot line planting.
2. Installation of the future parking lot and curb
could harm the plantings in this area.
III
1221 East Fourth Avenue, Suite 110
Shakopee Minnesota 55379
Equal Opportunity
Employer/Contractor
Telephone: 612-496-2227
Fax: 612-445-4191
GREYS TONE CONSTRUCTION 4454191
P.03
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'-.J:HC I ~ 1 Ul~ C
.
CONSTAUCf(bN COMPANY
D. We propose seeding the north half of the lot in lieu of
sodding due to:
1. The future building addition and parking lot will
cover a vast majority of this portion of the lot.
3. I nc rease the si ze of th ree proposed trees;
updated landscape plan.
Refer to
4. Improve screening of
district to north:
1 oadi ng dock
from
residential
A. Loading dock is partially recessed below surround1ng
grades.
B. Future plantings will help screen loading dock.
C. Future building addition will screen loading dock
completely from the north.
5. Identify trash storage area and screening.
A. Owner plans to store trash containers inside building.
6. 51 gn PI an
A. The owner has not determined the location or design at
this time. When the owner completes his sign plan he
will submit it to the city for their approval.
Iln
IIII
1221 East Fourth Avenue, Suite 110
Shakopee Minnesota 55379
Equal Opportunity
Employer/Contractor
Telephone: 612-496-2227
Fax: 612-445-4191
",-
Inter-Office Memorandum
To: Larry Anderson, City Engineer/Public Works Director
(;1
From: . ~ t Jeffrey T. Evens, Engineering Technician IV
I
Re: Becker Arenafroducts
Date: May 25, 1994
The following is a list of comments and concerns I have after reviewing the above mentioned drawings.
ITEMS NEEDED TO COMPLETE THE SITE PLAN APPLICATION:
1.) Accurate Certified Survey - showing existing conditions on the site,
within 50' of the site, and the Legal Description. These items must be
signed by a Registered Land Surveyor.
2.) Detailed Site Plan - showing proposed building, driveways, parking, and
other structures related to the site.
3.) Grading and Drainage Plan - including storm water runoff calculations
and proposed contours. Erosion control measures must be addressed and
meet MPCA's Best Management Practices. This sheet must be to scale
and submitted by a Registered Professional Civil Engineer.
4.) Utility P.~n - including proposed sanitary sewer, watermain, storm sewer.
All utilities must be shown in plan and profile view and submitted by a
Registered Professional Civil Engineer.
5.) Landscape Plan - including type of landscaping and location of all
proposed trees, shrubs, etc.. This plan must be submitted by a Registered
Landscape Architect.
6.) Sign Plan _ including all sign to be installed on the property. This plan can
be combined with other sheets.
7.) Fire Protection Plan - showing fire lanes, hydrants, post indicator valves,
and siamese connections which may be shown on the Site or Utility Plan.
8.) One additional set of plans will be required due to property abutting a
County Road.
Note: All sheets must be to scale and on 221x34" plan sheets.
..
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