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Home My WebLink About[08-a] Amendment to DA Coborn'sCI'I'1' [)F fiT. Ji14F pH MEETING DATE: AGENDA ITEM: SUBMITTED BY: Council Agenda Item 8 a March 5, 2009 Amendment to Development Agreement Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission approved the Coborn's Realty Plat PUD that included the Commercial Development of three lots, one for Coborn's, one for Centra Care and the third was a speculation building. PREVIOUS COUNCIL ACTION: The City Council accepted the recommendation of the Planning Commission and approved the Plan for Coborn's Realty. As part of the Plat the City executed a development agreement outlying the specifics of the development. BACKGROUND INFORMATION: As you may be aware, the Central MN Federal Credit Union is in the process of seeking site plan approval for a new 7400 square foot branch bank facility. They have purchased the property north of the Centra Care Clinic, the lot that Coborn's had indicated as future office space. When the Development Agreement was drafted it was anticipated that the second building permit would be the Coborn's site and the agreement was drafted around such. Since the office building is being constructed at this time and it is smaller than what is illustrated on the plat, some of the terms in the agreement should be modified. The following items need consideration: Master Sien Plan -The development of a large retail store includes more signage than a small development. Signs would include directional and wall mounted signs for each of the components. The DA requires a master sign plan with the second building permit. This was included so that staff could review all the signage to make sure that traffic concerns were addressed as well as pedestrian ways. The building proposed is requesting signage as allowed in a B2 Zoning District. Therefore, the amendment requests the master sign plan before issuance of the third building permit. Balancine of Storm Water Development Fee: The City has a storm water development fee that is calculated at .22 cents per square foot. Based on policy, the developer is allowed to deduct any costs that they incur for storm water. The deductions include ponds, curb, gutter and infrastructure. Coborn's constructed the pond and staff has deducted that amount from what is owing. However, there is still a balance of over $ 50,000. At the time of drafting the DA, staff acknowledged that the major portion of storm water infrastructure will be installed with the Coborn's facility. Typically the stormwater fee is collected when the improvements are completed. Again, everyone felt the second building permit would be for Coborn's, and that site plan included major storm water improvements. The amendment requires the balancing of the fee at the time of the third building. Access : This again, is related to the Coborn's site plan. Stearns County did not want the traffic from Coborn's to utilize the access to CR 133. The DA requires that at the time of the second building permit, the north/south access to Elm Street would be constructed to facilitate the large amount of traffic. The Credit Union site plan has access to Elm Street and the Staff is recommending that the extension of Elm Street be delayed until no later than June 2010. Coborn's is not objecting to the construction of the road, they would like to delay the cost until they build. Water/Sewer Access Fees: The original Development Agreement included an incentive for construction of Coborn's. The WAC/SAC fees were kept at the 2007 level until the end of 2009. Coborn's is requesting extension to December 31, 2010. Staff has recommended July 2010. BUDGET/FISCAL IMPACT: ATTACHMENTS: Amendment to Development Agreement REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the amendment to the Development Agreement between the City of St. Joseph and Coborn's Realty. CITY OF ST. JOSEPH AMENDMENT TO DEVELOPER AGREEMENT (Coborn Realty Company's Development) THIS AGREEMENT, made and entered into this _ day of March, 2009, by and between Coborn Realty Company Limited Partnership, hereinafter called the "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". RECITALS: Whereas, the Developer and the City entered into a Developer Agreement on May 25, 2008, (the "Agreement") regarding the Development of real property, legally described as follows: Lots 1 and 2, Block 3, Buettner Business Park, according to the plat and survey on file and of record in the Office of the County Recorder in and for Stearns County, Minnesota, and which is being replatted as Lots 1, 2 and 3, Block 1, Coborns Realty Company. Whereas, the Agreement provides in Sections 5.4(n), 5.4(s), 6.16(a) and 6.17 that certain obligations of the Developer need to be completed by certain dates; Whereas, both parties desire that the Agreement be modified to allow the extension of time in which to complete some of the requirements set forth in Sections 5.4(n), 5.4(s), 6.16(a) and 6.17; Now, therefore, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: That portion of Section 5.4(n), which originally read: "Before issuance of a building permit for a second structure in the Plat, a master sign plan must be approved" shall be amended to read as follows: "Before issuance of a building permit for a third structure in the Plat, a master sign plan must be approved." 2. That portion of Section 5.4(s), which originally read: "The entrance for ingress/egress to Elm Street shall be completed upon development of either Lot 1, Block 1, or Lot 3, Block 1" shall now be amended to read as follows: "The entrance for ingress/egress to Elm Street shall be started no later than June 1, 2010." 3. That portion of Section 6.16(a), which originally read: "If construction of the grocery superstore begins prior to December 31, 2009, the SAC fee will be $2,000 per unit and the WAC fee will be $3,700 per unit. If construction begins after December 31, 2009, the fees at the time of building permit shall apply" shall now be amended to read as follows: "If construction of the grocery superstore begins prior to June 1, 2010, the SAC fee will be $2,000 per unit and the WAC fee will be $3,700 per unit. If construction begins after June 1, 2010, the fees at the time of building permit shall apply". 4. That portion of Section 6.17, which originally read: "Before issuance of a building permit for construction on Lots 1 and 3, Coborn Realty Plat, a determination will be made as to the net amount due from Developer for the stormwater development fee, and the amount must be paid before the building permit is issued" shall be amended to now read: "Before issuance of a building permit for the third building constructed on the Development, a determination will be made as to the net amount due from Developer for the stormwater development fee, and the amount must be paid before the building permit is issued" Nothing in this agreement shall amend, change, or modify any of the terms and conditions of the Agreement entered into by the parties dated May 25, 2008, except as expressly amended in this Amendment. Signed and executed by the parties hereto on this day of March, 2009. ATTEST CITY OF ST. JOSEPH By Judy Weyrens, Administrator By Alan Rassier, Mayor DEVELOPER COBORN REALTY COMPANY LIMITED PARTNERSHIP By Name Title STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of March, 2009, before me, a notary public within and for said County, personally appeared Alan Rassier and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk of the City of St. Joseph, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on 2009 by ,the of Coborn Realty Company Limited Partnership, executed the above Agreement on behalf of said corporation. Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich - 5284X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302