HomeMy WebLinkAboutPC82023 - 6/17/82 - 1300 Block on South Side of 69th Ave0-1
PLANNING COMMISSION FILE CHECKLIST
File Purge Date: cicl
FILE INFORMATION
Planning Commission Application Number:
PROPERTY INFORMATION
Zoning: RAJ
PLAN REFERENCE
Note: If a plan was found in the file during the purge process, it was pulled for
consolidation of all plans. Identified below are the types of plans, if any, that were
consolidated.
• Site Plans
• Building Plans
• Other:
FILE REFERENCE
Note: The following documents were purged when this project file became inactive. We
have recorded the information necessary to retrieve the documents.
Document Type Date Range Location
Agendas: Planning Commission Office
Minutes: Planning Commission ��1'ga City Vault
Minutes: City Council--1,a4City Vault
S 1 Ct a
t� 3 \$3
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Document Type Number Location
Resolutions: Planning Commission City Vault
Resolutions: City Council 14b City Vault
Ordinances: City Council City Vault
CITY OF BROOKLYN CENTEk
PLANNING COMMISSI@N APPLICATION
Application No. 82023
Please Print Clearly or Type �,, �.���
Street
Location of
Property 1 300
Block
on
South
Side of
69th
Avenue North
Legal
Description
of Property That
part
of
Lot 2,
Block 1,
Hi
Crest Square Addition
lying ease of Registered Land Survey No. 1312.
Owner Bergstrom Realty Co.
Address 3401 85th Avenue North, Brooklyn Park, MN 55443 phone No. 425-5554
Applicant Kenneth L. Bergstrom, President, Bergstrom Realty Co.
Address_ 3401 85th Avenue North, Brooklyn Park, MN 55443 Phone No. 425-5554
Type of Request: Rezoning Subdivision Approval
Variance X Site & Bldg. Plan Approval
Special Use Permit Other:
Description of Request: Site Plan approval for the purpose of constructing a 60
unit Planned Unit Development of single family attached dwelling units and
Building Plan approval for the first phase consisting of two 6-unit buildings
and three 2-unit buildings for a total of 18 units.
The applicant requests processing of this application and agrees to pay to the City of
Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition to the application fee described herein. Withdrawal of
the application shall not relieve the applicant of the obligation to pay costs incurred
prior to withdrawal.
Fee $ 100.00
Receipt No. 58538
Date: Z - g2.
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration:
Approved DC Denied this day of JLAA_ 19 $'Z, subject to the
following conditions:
n
CITY �C/OUNCIL ACT�ION,�
Dates of Council Consideration: % C -d c'04"s
An
Approved_ Denied this %l day of 19 with the following
amendment:
u i e
P/I Form No. 18 (over please)
CITY OF BROOKLYN CENTER, MINNESOTA
6301 Shingle Creek Parkway 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING
PLAN APPROVAL
=rior to submission of an application for plan review and approval, prospective
applicants should arrange an informational meeting with the Planning Staff to
iiscuss preliminary plans and to become familiarized with applicable ordinance
end policy provisions.
Phree (3) copies of the.following documents and information shall be submitted,
at least 14 days prior to the date of the regular' Commiss ion meeting, concurrent
with filing the application (required documents must be consistent with ordi-
iance and policy provisions before an application may be accepted):
1. A certified site survey drawing by a registered engineer or land surveyor
showing pertinent existing condition, accurately dimensioned.
-).* An accurately scaled and dimensioned site plan indicating:
a) parking layouts including access provisions;
b) 'designations and locations of accessory buildings;
c) fences, walls or other screening, including heights and type of material;
d) outside lighting provisions,.type and location;
e) curbing.
3.* A landscape plan showing areas to be sodded or seeded; location, size and
species of trees and shrubbery.
4.* Building floor plans, elevations, sections and specifications, including
materials proposed.
�.* Existing and proposed land elevations, drainage provisions, and utility
provisions.
5. Additional drawings, plans or information deemed necessary by the Secretary.
*Must be prepared by a registered architect or person registered with the Stat,
board of Registration for Architects, Engineers and Land Surveyors, and said
drawings/plans shall be so certified,
NOTE: Upon approval of plans by the Council and prior to issuance of permits,
a Performance Agreement as to approved site improvements and a supporting finan-
cial guarantee, in an amount to be determined by the City, are required. Accept
able financial instruments include cash escrow; certificate of deposit; and
performance bond.
copies of the zoning Ordinance may be obtained from the Administrative Office.
questions should be directed to the Planning and Inspection Department.
P/I Form No. 19
--CITY OF BROOKLPN CENTEk— _
PLANNING COMMISSION APPLICATION
Application No. 82023
,f
Please Print Clearly or Type
Street Location of Property 1 300 Block on South Side of 69th Avenue North
Legal Description of Property That part of Lot 2, Block I, Hi Crest Square Addition
lying ease of Registered Land Survey No. 1312.
Owner Bergstrom Realty Co.
Address 3401 85th Avenue North, Brooklyn Park, MN 55443 phone No. 425-5554
Applicant Kenneth L. Bergstrom, President, Bergstrom Realty Co.
Address 3401 85th Avenue North, Brooklyn Park, MN 55443 Phone No. 425-5554
Type of Request: Rezoning Subdivision Approval
Variance X Site & Bldg. Plan Approval
Special Use Permit Other:
Description of Request: Site Plan approval for the purpose of constructing a 60
unit Planned Unit Development of single family attached dwelling units and
Buildinq Plan approval for the first phase consisting of two 6-unit buildings
and three 2-unit buildings for a total of 18 units.
The applicant requests processing of this application and agrees to pay to the City of
Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition to the application fee described herein. Withdrawal of
the application shall not relieve the applicant of the obligation to pay costs incurred
prior to withdrawal.
Fee $ 100.00
Receipt No.
58538
Date: In '2- 8-2
PLANNING COMMISSION RECOMMENDATION /
r
i
Dates of P.C. Consideration:
Approved Denied
following conditions:
this day of
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved Denied this day of
amendment:
19 , subject to the
Chairman
19 , with the following
_ Clerk
P/I Form No. 18 (over
Y , 1. %r F
CITY OF BROOKLYN CENTER, MINNESOTA
6301 Shingle Creek Parkway 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING
PLAN APPROVAL
0
rior to submission of an application for plan review and approval, prospective
ppl.icants should arrange an informational meeting with the Planning Staff to
3_scuss preliminary plans and to become familiarized with applicable ordinance
nd policy provisions.
'iiree (3) copies of the.following documents and information shall be submitted,
t least 14 days prior to the date of the regular' Commission meeting, concurrent
th filing the application (required documents must be consistent with ordi-
;ance and policy provisions before an application may be accepted):
A certified site survey drawing by a registered engineer or land surveyor
showing pertinent existing condition, accurately dimensioned.
.* An accurately scaled and dimensioned site plan indicating:
a) parking layouts including access provisions;
b) 'designations and locations of accessory buildings;
c) fences, walls or other screening, including heights and type of material;
d) outside lighting provisions, type and location;
e) curbing.
.* A landscape plan showing areas to be sodded or seeded; location, size and
species of trees and shrubbery.
.* Building floor plans, elevations, sections and specifications, including
materials proposed.
.* Existing and proposed land elevations, drainage provisions, and utility
provisions.
Additional drawings, plans or information deemed necessary by the Secretary.
*Must be prepared by a registered architect or person registered with the Stat
-0ard of Registration for Architects, Engineers and Land Surveyors, and said
rawings/plans shall be so certified,
:OTE: Upon approval of plans by the Council and prior to issuance of permits,
Performance Agreement as to approved site improvements and a supporting finan-
ial guarantee, in an amount to be determined by the City, are required. Accept
,iDle financial instruments include cash escrow; certificate of deposit; and
��rformance bond.
copies of the Zoning Ordinance may be obtained from the Administrative Office.
.-,uestions should be directed to the Planning and Inspection Department.
"/I Form No. 19
Planning Commission Information Sheet
Application No. 82023
Applicant: Bergstrom Realty Company
Location: 1300 block on south side of 69th Avenue North
Request: Site and Building Plan
The applicant requests amended approval of site and building plans for the first
phase of the Hi Crest Square Estates townhouse development on the south side of the
1300 block of 69th Avenue North. This application received approval by the Planning
Commission on June 17, 1982 and a revised building plan was tabled on July 1, 1982.
The change involves a new building design for the six unit buildings and four unit
buildings throughout the project. No other changes have been made to the site,
landscaping or grading plans. The design submitted at the June 17, 1982 meeting
was essentially a carbon copy of the design used in the Earle Brown Farm Estates
developed by DeVries Builders and was intended as a prototype rather than a final
design. Because of concerns raised by DeVries Builders and Dominion Development
over the use of the plans, the applicant wishes to submit a new design for amended
approval by the Planning Commission.
The new design differs from the design previously submitted in certain respects.
The foundations of the outer four units (two on each end) will be 20' x 32' with
an enclosed foyer between the garage and the main living area. The previous
design called for the outer two units to be 19' 6" x 30' with mechanical/laundry
rooms between the garage and the main living area. The new interior units are 17'
6" x 32' as opposed to 16' x 30' as proposed earlier. The general arrangement
of rooms within the units is not different, though the dimensions vary slightly.
The front exterior elevations are substantially changed from the design proposed at
the June 17, 1982 meeting. Rather than the narrow lap board siding, the applicant
proposes to use a stacato exterior with cedar batting boards in a vertical pattern.
Face brick columns about 3' to 4' high accent the garages. Rear and side elevations
do have horizontal lap board siding.
The new plans have been designed by Dennis Rydell who is not a registered architect.
However, the applicant has agreed to have the plans certified by a registered
structural engineer prior to the issuance of permits, as required by City Ordinance.
Altogether, the plans appear to be acceptable and approval is recommended, subject
to at least the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. Grading, drainage, utility and berming plans are subject to review and
approval by the City Engineer, prior to the issuance of permits; and
specifically, should conform to the revisions and requirements set
forth in the Assistant City Engineer's memo dated 6-14-82.
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits to assure completion
of approved site improvements for the entire development.
4. Any outside trash disposal facilities shall be appropriately
screened from view.
7-15-82 -1-
Application No. 82023 continued
5. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all parking and
driving areas.
7. All areas regraded, but not developed according to plan shall be
seeded to maintain adequate ground cover for dust control.
8. The Assistant City Engineer shall report to the City Council on
how the proposed plan compares with other ponds on private
developments in the City and on whether the proposed pond will
fulfill its function as both a drainage control device and an
aesthetic asset to the townhouse development, with an acceptable
safety risk.
9. Plan approval acknowledges the proposed landscape treatment along
the east side of the development as acceptable screening in lieu
of the ordinance required 4' high opaque fence.
10. The building plans shall be certified by a registered Minnesota
Architect prior to the issuance of building permits if so required
by the State Building Codes Division.
11. The site plans shall be amended to incorporate a system to sup-
plement natural ground water inflow into the proposed pond thus,
maintaining a constant water level elevation of 840'(U.S.G.S. Datum).
7-15-82 -2-
11
Application No. 82023 continued
4. Any outside trash disposal facilities shall be appropriately
screened from view.
5. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all parking and
driving areas.
7. All areas regraded, but not developed according to plan shall
be seeded to maintain adequate ground cover for dust control.
8. The Assistant City Engineer shall report to the City Council on
how the proposed plan compares with other ponds on private
developments in the City and on whether the proposed pond will
fulfill its function as both a drainage control device and an
aesthetic asset to the townhouse development, with an accept-
able safety risk.
9. Plan approval acknowledges the proposed landscape treatment along
the east side of the development as acceptable screening in lieu
of the ordinance required 4' high opaque fence.
10. The building plans shall be certified by a registered Minnesota
Architect prior to the issuance of building permits if so required
by the State Building Codes Division.
7-1-82 -2-
Planning Commission Information Sheet
Application No. 82023
Applicant: Bergstrom Realty Company
Location: 1300 block of 69th Avenue North
Request: Site and Building Plan
The applicant requests site plan approval, including landscaping, grading, and a master
layout for a 60 unit townhouse project on the south side of the 1300 block of 69th
Avenue North. The applicant also requests building plan approval for two six -unit
buildings and three two -unit buildings (18 units in all) to constitute Phase I of the
Hi Crest Square Estates development. The land in question was the subject of rezoning
Application No. 82008 (to R3)and is bounded on the north by 69th Avenue North, on the
east by a City pump house and single-family residences, on the south by two apartment
buildings which face 67th Avenue North, and on the west by the Humboldt Square Shop-
ping Center. The site is approximately 7.5 acres and the proposed 60 unit townhouse
development is a permitted use in the R3 zoning district on a parcel of this size.
Access to the development would be from a single driveway off 69th Avenue North
adjacent to the City's pump house. All driving lanes within the project are at least
24' in width. Most units will have single -car garages and an additional driveway
stall (some units will have double garages and 2-car driveways) to meet the minimum
parking requirement of two spaces per dwelling unit. In addition, there are 25
visitor parking stalls provided at scattered locations around the site.
The landscape plan for the site proposes to utilize 17 existing trees, all over 10"
in diameter. If these are credited toward the requirement of Section 35-410 Subd.
6 for 6" diameter trees (nine 6" diameter trees are required for a 60 unit complex),
there is no need for additional large trees. The landscape plan does call for six
4" diameter shade trees throughout the project (three in Phase I). Species include:
Norway Maple, Littleleaf Linden,Hackberry, and Marshall Ash. In addition, there are
27 smaller shade trees (1" diameter) scheduled throughout the project (10 in Phase I).
The plan also calls for 17 Black Hills Spruce (22' high), 27 Russian Olives (7/8"
diameter), 9 Radiant Crab (5' ht.) and a few Redtwig Dogwoods and Honeysuckle.
Generally, most of the existing trees to be salvaged are either near the main access
off 69th or along the eastern portion of the site adjacent to the single-family
homes. A fair number of trees, both existing and new, are proposed along the west
edge of the site to help screen out the Humboldt Square Shopping Center. A 6' high
redwood fence is proposed for a length of 625' just inside the west property line to
provide additional screening. Fewer trees are proposed along the southerly portion
of the site adjacent to the apartments. It is recommended that a few more trees be
scheduled immediately north of the apartment garages and in the areas between some
of the units and the private roadway.
The proposed townhouse units in Phase I range in size from about 1,000 sq. ft. to
1,350 sq. ft. in floor area. All have small concrete patios to the rear. The six -
unit buildings would have narrow horizontal lap board siding, such as that used in
the Earle Brown Farm Estates. The doubles are of two types, facing the private
roadway along either their length or width (see site plan attached). These units
have different floor plans, providing at least 2 bedrooms and possibly a third in
the "horizontal" units. Siding of the doubles involves both vertical and horizontal
board siding.
Grading, drainage, and utility plans were submitted in conjunction with the pre-
liminary plat under Application No. 82016. However, these plans have been modified
somewhat. The Assistant City Engineer has reviewed the proposed plans and submitted
a memo outlining certain revisions and conditions (see memo attached). It is recom-
mended that the revisions and requirements contained in this memo be included as
6-17-82 -1-
Ppplication No. 82023 continued
part of Condition No. 2 pertaining to grading, drainage and utility plans.
Altogether, the plans are generally in order and approval is recommended, subject to
at least the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer, prior to the issuanm of permits;
and specifically, should conform to the revisions and requirements
set forth in the Assistant City Engineer's memo dated 6-14-82.
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits to assure completion
of approved site improvements for the entire development.
4. Any outside trash disposal facilities shall be appropriately
screened from view.
5. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all parking and driving
areas.
7. All areas regraded, but not developed according to plan shall be
seeded to maintain adequate ground coverfor dust control.
8. The landscape plan shall be amended to indicate additional trees in
the area north of the apartment garages to the south and shall provide
a tree between each dwelling unit and the private roadway which serves
as access to it.
6-17-82 -2-
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1 I Ber�s�iom Reo/ry Co. '��
DEPAR I MI NT OI PLANN I N (4 A1I1) I Nd'SPI: CT 10N
CITY Of BROOtKLYN CLNTLR
PERFORMANCE AGREEMENT
File No.82023
This Agreement is entered into by Bergstrom Realty Company hereinafter
called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws
of the State of Minnesota, hereafter called the City.
THE WORK
The Developer has received approval of its Development Plans by the City Council of the
City (pursuant to City Ordinances), subject to the execution of this Performance Agreement,
pursuant to the City Council approval of August 9, 1982 and in accordance with said
Development Plans all of which are made a part hereof by reference. In -consideration of such
approval, the Developer, its successors and assigns, does covenant and agree to perform the
Mork as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set
forth, upon the real estate described as follows: Hi Crest Square Estates and including survey
monuments and seeding remnant.
The Work shall consist of the improvements described in the Development Plans, in the
aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance
with all applicable Statutes, Codes and Ordinances of the City.
COMPLETION DATE
The undersigned Developer agrees that the said Work shall be completed in its entirety
on or before the 9 day of August 19 83 , and no extension of time shall be valid un-
less the same shall be.approved in writing by the City Manager. Said extension of time shall
be valid whether approved by the City Manager before or after the completion date and failure
of the City to extend the time..for completion or to exercise other remedies hereunder shall
in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time
actually granted by the City Manager work any forfeiture of the City's rights hereunder. It
shall be the duty of the Developer'to notify the City of completion of the Work at least 10
days prior to the Completion Date and to call for final inspection by employees of the City.
MAINTENANCE
The Performance Agreement, in its entirety, shall remain in full force and effect for a
period of one year after actual completion of the Work to determine that the useful life of
all Work performed hereunder meets the average standard for the particular industry, profession,
or material used in the performance of the work. Any work not meeting such standard shall not
be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the
Developer by the Director of Planning and Inspection of the City.
FINANCIAL GUARANTEE
The Developer agrees to furnish the City with a Financial Guarantee in theformof a cash
escrow, a bond issued by an approved corporate surety licensed to do business in the State of
Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved
by the City Manager of the City, in the amount of $ 75,000.00 . Such Financial Guarantee shall
continue in full force and effect until the City Council shall have by motion approved and
accepted all of -the Work undertaken to be done, and shall thereby have released the Surety
and/or Developer from any further liability; provided however, that the -City Council may by
motion reduce the amount of the Financial Guarantee upon partial completion of the work, as
certified by the City Manager. Such Financial Guarantee shall be conditioned upon the full
and faithful performance of all elements of this Agreement and upon compliance with all
applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the
following provisions which shall be deemed to be incorporated in such Financial Guarantee and
made a part thereof.
71111012
, The City shall be required to give prior notice to the corporate surety and the Developer
of any default hereunder before proceeding to enforce such.Financial Guarantee or before the
City undertakes any work for which the City will be reimbursed through the Financial Guarantee.
Within 10 days after such notice to it, the surety shall notify the City in.writing of its in-
tention to enforce any rights it might have under this Performance Agreement or any Performance
Bond by stating in writing the manner in which the default will be cured and the time within
which such default will be cured, said time not to exceed 60 days unless approved by the City.
(over please)
r.r.
Rt_MEDIEI) f J1t I,I i I(,t'II
At any tiiiie after the Completion date avid any extensions thereof, or during the Maintenance r-
Reriod, if' any of the work is deemed incomplete, the City Council may proceed in any one or more
of the following ways to enforce the undertakings herein set forth, and to collect any and all
overhead expenses incurred by the City in connection therewith, including but not limited to
engineering, legal, planning and litigation expenses, but the enumeration of the remedies.here-
%nder shall be in addition to any other remedies available to the City.
1) Completion by the City. The City, after notice, may proceed to have the Work
done either by contract, by day labor, or by regular City forces, and neither
the Developer nor the Corporate Surety may question the manner of doing such
work cr the letting of any such contracts _
for the doing of such work. Upon completion of such Work the Surety and/or the
Developer shall promptly pay the City the full cost thereof as aforesaid. In
the r., .;z:nttha t the Financial. Guarantee is in the form of a Performance Bond, it
shall be no defense by the Surety that the City has not first made demand upon
-the Developer, nor pursued its rights against the Developer.
2) S ecific Performance. The City may in writing direct the Surety or the Developer
to cause the Work io be undertaken and completed withi.n a specified reasonable
time. If the Surety and/or the Developer fails to cause the Work to be done
and completed in a manner and time acceptable to the City, the City may proceed
in an action for Specific Performance to require such work to be undertaken.
3) Deposit of Finacial Guarantee. In the event that the Financial Guarantee has
been submitted in the form of a Performance Bond, the City may demand that the
Surety deposit with the City a sum equal to the estimated cost of completing
the work, plus the City's estimated overhead expenses as defined herein, in-
cluding any other costs and damages for -which the Surety may be liable hereunder,
but not exceeding the amount set forth on the face of the Performance Bond,
which money shall be deemed to be held by the City for the purpose of reimbursing
the City for any costs incurred in completing the Work as hereinbefore specified,
and the balance shall be returned to the Surety. This money shall be deposited
with the City within 10 days after written demand therefor, and if the Surety
fails to make the required deposit within 10 days, the City shall have the right
to proceed against the Surety with whatever legal action is required to obtain
the deposit of such sum.
4) Funds on Deposit. In the event that the Financial Guarantee is in the form of
cash, certified check, or other arrangement making the Financial Guarantee im-
mediately accessible to the City, the City may, after notice to the Developer,
deposit the Financial Guarantee in its General Account. The City may then pro-
ceed to complete the Work, reimburse itself for the cost of completion as de-
fined hereunder, and return the balance to the Developer.
PROCEDURES
A copy of this Performance Agreement shall be attached to the Corporate Surety Bond,
if any, and reference to this Performance Agreement shall be made in any such bond, but no
corporate surety shall assert as a defense to performance hereunder, any lack of reference
in the bond to this Performance Agreement.
The original and two copies of this Agreement, properly executed, together with the
appropriate Financial Guarantee shall be submitted to the City.
IN WI-INESS WHEREOF,
.day of
Witness
Witness
the veveloper and the City have executed this Agreement this 19
Subscribed and sw rn to before me this
�/� day of X&" ST 19 J?011L .
Zoning Official
P/I Form No. 23 Rev. 6-77
CAMDEN NORTHWESTERN BANK
4141 Lyndale Avenue North
P.O. Box 12281
Minneapolis, Minnesota 55412 EXHIBIT A
612/372 6900
IRREVOCABLE LETTER OF CREDIT NO. 302
Dated this 16th day of August, 1982
AMOUNT: $75,000.00
INAINk
BVNco
TO: City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430, hereinafter called the
City
FROM: Camden Northwestern State Bank
4141 Lyndale Avenue North
P. 0. Box 12281
Minneapolis, MN 55412, hereinafter called the Bank
RE: Minn -Kota Excavating, Inc.
3401 85th Avenue North
Minneapolis, MN 55429 hereinafter called the Developer
The City is a municipal corporation under the laws of the State
of Minnesota and on the 26th day of July, 1982, approved the
following project: Hi Crest Square.
As a condition of such approval, the City has required the
execution by the Developer of a Performance Agreement and has
required a Financial Guarantee to insure the construction
described in the Performance Agreement.
The Developer has made application to the Bank for a Letter of
Credit, a copy of which is attached hereto and made a part
hereof by reference, to be used as the said Financial Guarantee.
The Bank is chartered to conduct business within the State of
Minnesota at the address indicated above and is empowered to
issue Letters of Credit. By the signature of Donald K. Ross
Vice President and by the signature of Tom
Welch, Senior Vice President of the Bank endorsed
hereon, this document is an Irrevocable Letter of Credit under
the Uniform Commercial Code, MSA §336.5. This Letter of Credit
shall remain irrevocable until cancelled by one of the following
methods:
1. By appropriate written cancellation executed by proper
officials of the City of Brooklyn Center;
Camden Northwestern State Bank of Minneapolis
City of Brooklyn Center
Page 2
2. At any time after the project completion date, the
9th day of August, 1983, the Bank may serve the
City by certified mail its written intention to cancel
this Letter of Credit. Cancellation shall be effective
on the 31st day after notice of cancellation is received.
Any Documentary Demand for Payment delivered to the Bank
within the said thirty (30) day period shall be honored
under this Letter of Credit, regardless of any exten-
sions of time previously granted by the City to the
Developer beyond the above -named date.
Upon delivery by registered mail of a Documentary Demand for
Payment at the office of the Bank above described, the Bank will,
on or before the fourth O th) business day after such delivery,
pay to the City by registered return mail the amount demanded in
the Documentary Demand for Payment, not to exceed the amount of
this Letter of Credit above stated. The Documentary Demand for
Payment shall consist of the following documents:
1. The Performance Agreement signed by the Developer and
the City, together with the minutes of the City Council
meeting approving the project.
2. The Inspection Report signed by the Planning Director
or the Director of Public Works of the City, detailing
the deficiencies in the Developer's performance of the
construction work approved.
3. The minutes of the City Council meeting approving the
Inspection Report and ordering completion of the con-
struction work with City forces or City contractors
and further providing for the collection of the costs
thereof from the Bank.
Any funds received by the City pursuant to this Letter of Credit
shall be used only for the improvements described herein, but
including legal, engineering, planning and other administrative
costs, if any, incurred by the City in exercising its rights
under this Letter of Credit. Any excess funds remaining on
deposit with the City after completing the improvements, after
subtracting the legal, engineering, planning and other adminis-
trative costs, if any, shall be returned to the Bank. The City
shall be the sole judge of performance by the Developer of the
work described in this Letter of Credit.
Camden Northwestern State Bank
By
1,4,-Zlle L f
CAMDEN NORTHWESTERN BANK»�
4141 Lyndale Avenue North BiWco
P.O. Box 12281
Minneapolis, Minnesota 55412
612/372 6900
AMOUNT $75,000.00 MINNEAPOLIS, MINN. August 1.6, 1982
IRREVOCABLE COMMERCIAL LETTER OF CREDIT NO. 302
TO: City o f Bno o kt yn Centers
6301 Shingte Ctceek Patkway
B&ookZyn Centetc, MN 55430
WE HEREBY AUTHORIZE YOU TO VALUE ON CAMDEN NORTHWESTERN STATE BANK
OF MINNEAPOLIS, 4141 LVNDALE AVENUE NORTH, MINNEAPOLIS, MINNESOTA, AT
-------SIGHT FOR ANV SUM OR SUMS NOT EXCEEDING A TOTAL OF Seventy -hive
thousand dottatz and 00/100-------------- FOR ACCOUNT OF Minn -Kota
Excavating, Inc., 3401 85th Avenue Nonth, Minneapoti4 , MN 55429
FOR FULL VALUE OF DRAFT.
THE DRAFTS DRAWN UNDER THIS CREDIT ARE TO BE ENDORSED HEREON AND
MUST BEAR THE CLAUSE, "DRAWN UNDER THE CAMDEN NORTHWESTERN STATE BANK
OF MINNEAPOLIS, CREDIT NUMBER 302 _ DATED August 16, 1982 "
WE HEREBY AGREE WITH DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF
DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT
THE SAME SHALL BE DULY HONORED UPON PRESENTATION AT CAMDEN NORTHWESTERN
STATE BANK AS PROVIDED FOR IN ATTACHED EXHIBIT A.
CAMDEN NORTHWESTERN STATE BANK
Camden Northwestern State Bank of Minneapolis