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HomeMy WebLinkAboutPC94007 4-10-95 5401 69th AveDEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT FILE NO. 94007 This Agreement is entered into by Maranatha Baptist Care Center 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 June 27, 1994 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 work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate described as follows: 5401 69th Ave N 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 15th day of May 19 96 , and no extension of time shall be valid unless 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 Community Development of the City. FINANCIAL GUARANTEE The developer agrees to furnish the City with a Financial Guarantee in the form of 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 $ 5,000.00 . 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 be 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. NOTICE 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 thought the Financial Guarantee. Within ten (10) days after such notice to it, the surety shall notify the City in writing of its intention 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 sixty (60) days unless approved by the City. REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenance Period, 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 hereunder shall be in addition to any other remedies available to the City. 1) Completion by the Citv. 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 or the letting of any such contract for the doing of any 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 event that 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) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within 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 Financial 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, including 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 ten (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 immediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined 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 WIT S WHEREOF, the Developer and the City have executed this Agreement this A , day of i c 19 Witness Witness Subscribed and sworn to before me this 1� day of l 19 ire.-�-:--- Zoning Official T 41 � :.UTH E. +?'t;K:;ON DTARY PUBLIC-MININESOTA J HENNEPIN COUNTY uy COMMIU on Expn6 -W 31,1000 r ■