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HomeMy Public PortalAbout1982-031Member �`` c i)Lit and moved its adoption: introduced the following resolution CITY OF MEDINA RESOLUTION NO. 8', - 3 / RESOLUTION GRANTING CONDITIONAL USE PERMIT TO ACCOUSTICAL FLOORS, INC. WHEREAS, Accoustical Floors, Inc. has applied for a condi- tional use permit for an addition to the present building at 900 Hamel Road, Block 1, Lots 4 and 5 of Medina Creekside Addition; and WHEREAS, a conditional use permit is required by the Medina Zoning Ordinance for the construction of said addition; and WHEREAS, the addition to said building will not impede the normal and orderly development of the property in the area; and WHEREAS, the City Council has reviewed and approved site plans submitted by Accoustical Floors, Inc., including plans for access roads, utilities and drainage facilities, and found said plans to be conformance with all applicable ordinances; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina, that a conditional use permit be granted to Accou- stical Floors, Inc. for construction of an addition to a building over Lots 4 and 5, Block 1, Medina Creekside Addition, upon the following terms and conditions: 1. Accoustical Floors, Inc. will enter into the Develop- ment Contract attached hereto, said Development Contract to govern the terms and conditions of the construction. 2 Accoustical Floors, Inc. will grant to the City of Medina a perpetual easement over Lot 6, Block 1 of Medina Creekside Addition for access to and from the parking facilities on Lots 4 and 5, Medina Creekside Addition. Dated: _� �/, /isa ATTEST: Donna Roehl, Clerk The motion for the ado tion of the foregoing resolution was duly seconded by member 44,17. and upon vote being take' thereon, the4fo�llowing voted in favor thereof; t- a...0 (1-7-6-4- -I, y LJ�-.fie-t,L_.-._s-, 1 vjt-kc,4.c.-4.-i1 /C./.-CvC_.L.t.-<, and th following voted against same: Whereupon said resolution was declared duly passed and adopted. CITY OF MEDINA HENNEPIN COUNTY, MINNESOTA DEVELOPMENT CONTRACT THIS AGREEMENT, made this „:?/ day of , 19 between the City of Medina, Hennepin County, Minnesota, acting by and through its City Council, herein called the "City" and Accoustical Floors, Inc. herein called the "Developer". PROJECT: The Developer, in consideration of the City approving the following project: Building, parking lot and landscaping on Lots 4 and 5, Block 1, Medina Creekside Addition in accordance with plans submitted and the City Council Minutes of 21t. 2/ , agrees to furnish all labor, materials and equipment and perform all of the work under this contract. It is agreed that all work shall be done in accordance with the plans which are on file in the Office of the City Clerk in 4ccordance with the Minutes of the City Council Meeting dated 2! ,2/ , 19 �5, which are hereby made a part of this Agreement. The Developer further agrees that any roads, parking lots, and site improvements shall be built in accordance with the spe- cifications as determined by the City Engineer. PERFORMANCE: The Developer agrees that the work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the plans and specifications and ordinances for the above described project and shall be subject to the inspection and the approval of the City or a duly authorized Engineer of the City, and in case any material or labor supplied shall be rejected by the City or Engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City or Engineer and at the cost and expense of the Developer. The Devel- oper further agrees that he will commence work hereunder on or before , 6 , 19 Y, and will have all the work done and the improvements fully completed to the satisfaction and approval of the City Council on or before off. / , 19,k;3 . It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council, in its discretion, may extend the date hereinbefore specified for completion. SPECIAL CONDITIONS: It is distinctly understood and agreed that all work covered by contract shall be done at no expense to the City, except as provided in the Special Conditions attached hereto and made a part hereof by reference. Except for work specified under the Special Conditions, any work or materials which may be done or furnished by the Contractor shall be at his own risk, cost and expense, and he hereby agrees that he will make no claim for compensation for work or materials so done or furnished. HOLD HARMLESS: It is further agreed, anything to the contrary herein notwithstanding, that the City, the City Council, its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's Contractor or Subcontractors, material men, laborers, or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or performance and completion of the work and the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, including attorneys fees, engineering fees, or other technical or profes- sional assistance, including the work of City Staff and employees. BOND: It is further agreed that the Developer will furnish the City, upon execution of this contract, a corporate surety bond in the amount of V 3 g, p 0 and also shall furnish proof of insurance covering any public liability or property damage by reason of the operation of the Developer's Equipment, laborers and hazard caused by said improve- ment. Said bond shall be conditioned upon the full performance of this contract by the Developer. On failure of the Developer to perform, the City may declare the contract to be in default and the amount of said bond shall be paid over to the City. In the event that the City deems it necessary to foreclose the bond as a result of the Developer's failure to perform this contract, the City shall be reimbursed, from the proceeds of the said bond, for any attorneys fees, engineering fees, or other technical or pro- fessional assistance, including the work of the City staff and employees, and the remainder thereof shall be used by the City to complete the contract, to the extent possible therewith. ROADS: It is further agreed that the City assumes no responsibility for maintenance or snow plowing of the roads, if any, within said project until final completion to City Standards and written acceptance of such roads by the City. Should maintenance or snow plowing be assumed by the City prior to acceptance, such action shall not be considered to imply acceptance by the City. ADMINISTRATIVE COSTS: The Developer agrees that prior to the issuance of building permits, the City Clerk shall collect from the Developer the City's Administrative Costs in the amount of $ covering the City's out-of-pocket expenses in processing this project. SIGNATURES FOR DEVELOPER: v�G�c,L�©2 SIGNATURES FOR TH OF MED MINNESOO Mayor Clerk