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HomeMy WebLinkAboutPC86025 - 3300 Co Rd 10PLANK-V-, �' CONINIISSION FILE CHEG FIST File Purge Date FILE INFORMATION Planning Commission Application No. PROPERTY INFORMATION Zoning: 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 Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission City Vault Minutes: City Council City Vault Resolutions: Planning Commission City.Vault Resolutions: City Council City Vault Ordinances: City Council City Vault Historical Photographs: Planning Commission City Archieve Z O aJ F-- Cl w <c > IZJ a o v o.. z ¢ r>-• -G CD a) CD V) r O V) U ca LL C) r C:) U S- d F- z aJ H H N U Z ro Z a) ¢ r J CL a 'd t~ co N m -W O a r-i u O r-I P� O .H +.1 .r-i b o � 00 ca H O Cl) O 4-) U F O U a CD O .- cn i-q s S- CL CL S- S- o a Q- 4- 4- O O C 0 C •r O 4-) r CL � •r rd S. U U O N .J Q +-e O r SO.. 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C) � 1 H Z J � C O 4-) Q) N 0 U U a 4- O N 0 -I, fa im v ' RM 1 Ol r S- r U Planning Commission Information Sheet Application No. 86025 Applicant: Brookdale Office Park Partnership Location: County Road 10 and Northway Drive Request: Site and Building Plan The applicant requests site and building plan approval to construct a five -building office complex on the 4.33 acres of vacant land immediately east of the Brooklyn Crossing office building at County Road 10 and Brooklyn Boulevard. The property in question is zoned ClA and is bounded on the north by single-family residential homes, on the east by the F and M Bank, on the southeast by Northway Drive, on the south by County Road 10, and on the west by the Brooklyn Crossing office building. The five buildings would all be one storey, ranging in size from 6,000 sq. ft. to 8,400 sq. ft. The proposed plan replaces the latter two phases of the Brook lynCross i ng office development proposed under Application No.81017 by C and G Transcontinental Developers. The site is presently two parcels which are to be combined by plat (Application No. 86026). Access/Parking Access to the complex will be via the existing 30' driveway off Northway Drive approximately 290' north of County Road 10. That driving lane, which presently aligns with the north side of the existing five -storey office building, will be realigned within the site to empty out at the main entrance of the larger building. Three of the proposed buildings will be located north of this main drive and two to the south. The total development, including the large existing building requires 428 parking spaces (254 for the 55,193 sq. ft. building and 174 for the five buildings totalling 34,800 sq. ft.). The proposed plan provides approximately 192 stalls for the new multi -building development. There will, therefore, be some excess parking available to allow for medical tenants (up to 10,800 sq. ft. of gross floor area). The parking is arranged so that each building has 20 to 30 stalls immediately adjacent and some additional perimeter stalls. Landscaping/Screening The site is presently screened from the residential district to the north by a 61 high board on board fence in accordance with Section 35-411 of the Zoning Ordinance. The plan provides the required 15' wide buffer greenstrip adjacent to the residential district and a 35' wide greenstrip adjacent to County Road 10 which is classified by the Zoning Ordinance as a major thoroughfare. A 25' wide greenstrip is proposed along Northway Drive consistent with the side corner building setback. In addition, each building is surrounded by a landscaped area containing sod and trees and sidewalk from parking to building entrances. No foundation shrubs are indicated. The plan calls for 23 Sugar Maple (2 1/2" dia. ) and 47 smaller Red Maple. In addition, 7 Little Leaf Lindens, 8 Flowering Dogwoods, and 14 Blue Spruce are scheduled, along with 56 shrubs including Mockorange, sand cherry, and junipers. The plantings are fairly distributed except that there are few trees along County Road 10 to allow greater visibility. The site plan indicates underground irrigation as required. The total points represented by the proposed plantings is 427 based on the schedule tentatively adopted by the Commission. This exceeds what we have looked at as a minimum for a 4.33 acre site (387 points). Drainage/Utilities The land is fairly flat, requiring numerous catch basins around the site to collect the runoff. Under the interim regulations of the Shingle Creek Watershed District, this site is not required to meet storm water purification and runoff attenuation requirements because it is less than 5 acres. Nevertheless, because those 7-17-86 -1- Application No. 86025 continued regulations are interim only, the City Engineer has requested drainage calculations for the 5 year and 100 year storms to check against available storm sewer capacity. Regarding utilities, it should also be noted that two of the proposed buildings will lie on existing sanitary sewer lines. These must be relocated and proper easements executed before building permits may be issued. Building/Signery The buildings as indicated previously will all be one storey, ranging in size from 6,000 sq. ft. to 8,400 sq. ft. There are no basements proposed and staff would strongly discourage such a feature as it has lead to zoning and building code conflicts at Boulevard Plaza office condos. The proposed buildings are each expected to be multi -tenant buildings, but will be leased, not sold. The complex aims to serve office clients who want fairly direct exposure to customer traffic. Multiple entrances will be provided. The exterior of the buildings is to be brick similar to the larger existing office building to the west. Tenant identification Signery is permitted in one -storey office buildings though only building identification signs are allowed in multi-storey office buildings. The applicant has indicated that tenant identification signs will be allowed by the owner, but will have to be of individual letters of a uniform style and size. The Sign Ordinance allows up to 10% of the wall area to be devoted to signery. In addition, the applicant intends to have a freestanding project identification sign at County Road 10 and Northway Drive and a directory sign within the complex listing only building addresses. Lighting/Trash The plan shows little in the way of site lighting other than a couple of standards in the parking area between these low-rise buildings and the taller building to the west. No lights are indicated on the buildings either. A trash enclosure is indicated at the northeast corner of the site. Concern would be that lighting not be directed into the neighboring residential area and meet the requirements of the Zoning Ordinance where commercial property abuts residential. Residential Generally, the plans are in order and approval is recommended, subject to 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. 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. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7-17-86 -2- Application No. 86025 continued 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. g. The applicant shall submit an as -built utility survey of the property prior to release of the performance guarantee. 10. On -site traffic control signs shall be installed in accordance with the recommendations of the Director of Public Works. 11. The replat of the property shall receive final approval by the City Council and be filed at the County prior to issuance of building permits. 12. The applicant shall submit drainage calculations and means for purification of storm water for review by the City Engineer for compliance with watershed district regulations prior to the issuance of permits. 13. The applicant shall verify that site lighting shall be in conformance with Zoning Ordinance prior to the issuance of building permits. 7-17-86 -3- 612 339 4181 AUG _ ' 90 1 0: q ( [A.11 -k_a (-k Ie i�L1� 14, 3 € € 3 \ f_ t ap ,yam (-'jam k i i� $ 7I{ �� i- - Fit, 4J_J` j/'�7'��}�;Sj 4T'--a --�-a.�•.+ � -..z uT a�'1 �Y 41 i i t-s I J d .,� f 1 i! t f JrJ AP l a`' zY ' i }�- } -E i j f©��t_%,--z3'�,. '``.- ' if t t. ' ` f ! I %/j"�j�- -' j `- _ _i " ' " ( -�•-� r 6'�j.?� t _},�, � �, t1 L � 1 1 �" jam`' .� � , l� �„���:� `�'` �� '64• ""'_ � --1 fS Ste' 'A 10 'Er, rVVw S rr ?f fj 11 Ad to ik it k _ t # = ` F. S1-=, xv i r- --' ?,� Policy. .l CONTINENTAL INSURANCE CO.. Issued by ( 200 S . Wacker Drive Chicago, IL 60606 Producer's I DOLLIFF INC Namean0-1 501 S. Eighth St. Address I Minneapolis, MN 55404 Named CSM CORPORATION Insured 680 Kasota Ave. Mailing Minneapolis, MN 55414 Address 7 1 - 90 A Stock I Policy No. Company 11 56 CBP 6008219-`91 General Offices Producer's Code 22 562 409 180 Maiden Lane, NY, NY 10038 Renewal of 56 CBP 6008219-90 This is not an insurance poiic\ , it is a memoranaum or the policy described on this page, as it was originally issued, and is for information onl\ . The rights and liabilities of all parties are governed b\, the original policy, and any endorsements to that policy. The word "policy" refers to that original policy. Common Policy Declarations Policy From — to 7-1-91 at Comprehensive Business Policy Period 112:01 A,M. Standard Time at your mailing address shown above.. Business Description: APARTMENT MANAGEMENT THIS COMPANY HAS ISSUED A POLICY OF INSURANCE AS FOLLOWS: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLIC HIS POLICY CONSISTS.OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMI ) I \ TED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Cnvaraap Part ium Part Commercial Inland Marine Coverage Part v Commercial Crime Coverage Part $ Commercial Auto Coverage Part $ Premium shown is. Any premium based on rat the effect' our rem ion at inception; $ each anniversary. eclarations for a Policy Period extending beyond one year was computed the time the policy was issued. On each renewal, continuation, or anniversary of is policy, we will compute the premium for each Coverage Part in accordance with en in effect. Exceptions, if any, are: .quired for: ❑ GL ff Auto ❑ Inland Marine ❑ Other or ❑ Forms) and Endorsement(s) applicable to all Coverage Parts and made a part of this policy at time of issue: IL0021,SiL0017., IL0245,IL0107. ZL0274,IL0234,IL0232,IL0228,IL0261,SEB,SEC cdb 8/20/90 I COUNTERSIGNED � � BY —­440jr— (Date) "edesentative) THESE DECLARATIONS TOGETHER -WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS,.COVERAGE FORMS) AND FORMS AND -ENDORSEMENTS, IF ANY, ISSUED TO FORMA PART THEREOF,`COMPLETE THE ABOVE NUMBERED: POLICY. r r+rr- a •.rum [.J 11 Inc Prin1n 4 in I I C A 612 339 4181 AUG 8 '90 10:48 PRGE.005/005 fly 0 J JL HTIT i �W N3Z �ly J AN __M I 7z A ut Ali p ry 9 �11 - _91MMMID MAW 7, . . . . . . . . . . . . Ali -NamI_J M // - - , 1 10 -t I / V7 WON MIS V P J r IL W. MITT ul IiVlk m NOWN Ala Mail A A ­1 k _:A wim o &A_ 2- Y' Ry "n� RUSS ALA . �'6A E 11 A T__ /kKW _:_ I TL JIM oil ml - IN IRA W lots -A 7 TOTAL PAGE.005 Commercial General Liability Coverage Part Declarations Policy No. 56 CBP 06008219-91 Limits of Insurance 1,000,000 General Aggregate Limit (Other Than Products — Completed Operations) $ 1, 000 , 000 Products — Completed Operations Aggregate Limit $ 1, 000 , 000 Personal and Advertising Injury Limit $ 1,060,000 Each Occurrence Limit $ 50,000 Any One Fire Fire Damage Limit $ 5 , 000 Any One Person Medical Expense Limit Retroactive Date (For Claims Made Coverages Only) u " or "property damage" which occurs before the Retroactive Coverage A of this Insurance does not apply Y to1 rY Date, if any, shown below: Retroactive Date: (Enter date or "None" if no Retroactive Date applies.) Form of Business and Location of all Premises [ ] joint Venture [ ] Individual [x ] Organization (Other than Partnership or Joint Venture) Location of All Premises You Own, Rent or Occupy: AS PER LOCATION SCHEDULE Premium Classification WareHouses-Mfg. or Private building or premises occupied by single interest (lessor's'Risk Only) Including Products And/Or Completed Operations Location 30 Location 31 Location 37 [ ] Partnership Advance Rate* Premium Code Premium Products/ All Products / All No. Basis * Compl Ops. Other Compl Ops Other 68703 *Premium Basis — Rate. Indicate: "(a)" for Area (per 1,000 sq. ft.) ,,(p)" for Payroll (per $1,000 of payroll) "(s)" for Gross Sales (per $1,000 of gross sales) A)89,400 Incl Incl Incl Incl Incl A)224,000 Incl Incl Incl Incl Incl A)25,000 Incl Incl Total Advance Premium $ Incl "(c)" for Total C6st "(m)" for Admissions (per 1,000 admissions) "(u)" for Units (each unit) Forms and Endorsements to this Coverage Part and made part of this policy at time o issue: Forms and Endorsements applying CG0001,0109, ,2013,SCG22501,22503A,82503 CG 2010 Printed in SDEC 20 Ed. 11/85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No: SCG82 503 56 CBP 06008219-91 Policy No. Schedule Extended This endorsement modifies insurance provided under the Liability Coverage Part to which it is attached. The premium for this policy is based upon the classifications shown in this endorsement, along with any shown in the Declarations. Classification Apartment Buildings - including products and/or completed operations Rate* Advance Premium Code Premium Products/ All Products/ All No. Basis * Compl. Ops. Other Compl. Ops. Other 60010 $ $ $ $ Location 1 U)162 Incl Incl Incl Incl Loaction 2 U)68 Incl Incl Incl Incl Location 3 U)51 Incl Incl Incl Incl Location 4 U)216 Incl Incl Incl Incl Location 5 U)186 Incl Incl Incl Incl Location 6 U)241 Incl Incl Incl Incl Location 7 U)225 Incl Incl Incl Incl Location 8 U)225 Incl Incl Incl Incl Location 9 U)75 Incl Incl Incl Incl Location 10 U)150 Incl Incl Incl Incl Location 11 U)100 Incl Incl Incl Incl Location 12 U)108 Incl Incl Incl Incl Location 13 U)168 Incl Incl Incl Incl Loaction 14 U)101 Incl Incl Incl Incl * Premium Basis (Rate). Indicate: "(a)" for Area (per 1,000 sq. ft.) "(p)" for Payroll (per $1,000 of payroll) "(s)" for Gross Sales (per $1,000 of gross sales) "(c)" for Total Cost "(m)" for Admissions (per 1,000 admissions) "(u)" for Units (each unit) Ed. 11/85 Printed in U.S. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. SCG82 503 56 CBP 06008219—( Policy No. Schedule Extended This endorsement modifies insurance provided under the Liability Coverage Part to which it is attached. The premium for this policy is based upon the classifications shown in this endorsement, along with any shown in the Declarations. Advance Rate* Premium Code Premium Products/ All Products/ All Classification No. Basis * Compl. Ops. Other Compl, Ops. Other Apartment Buildings- 60010 including product and/or completed operations Location 15 U)150 Incl Incl Incl Incl Location 16 U)164 Incl Incl Incl Incl Location 17 U)122 Incl Incl Incl Incl Location 18 U)144 Incl Incl Incl Incl Location 32 U)255 Incl Incl Incl Incl Location 33 U)75 Incl Incl Incl Incl Location 34 U)225 Incl Incl Incl Incl Location 35 U)242 Incl Incl Incl Incl Location 36 U)75 Incl Incl Incl Incl Location 38 U)284 Incl Incl Incl Incl Location 39 U)76 Incl Incl Incl Incl Location 40 U)114 Incl Incl Incl Incl * Premium Basis (Rate). Indicate: "(a)" for Area (per 1,000 sq. ft.) "(p)" for Payroll (per $1,000 of payroll) "(s)" for Gross Sales (per $1,000 of gross sales) "(c)" for Total Cost "(m)" for Admissions (per 1,000 admissions) "(u)" for Units (each unit) Printed in U.S. Ed. 11/85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. SCG82 503 56 CBP 06008219-91 Policy No. Schedule Extended This endorsement modifies insurance provided under the Liability Coverage Part to which it is attached. The premium for this policy is based upon the classifications shown in this endorsement, along with any shown in the Declarations. Advance Rate* Premium Code Premium Products/ All Products/ All Classification No. Basis * Compl. Ops. Other Compl, Ops. Other Shopping Centers- 67633 $ $ $ $ Buildings or premises not occupied by the insured (Lessor's) Risk Only) including products and/or completed operations Location 19 A)33,548 Incl Incl Incl Incl Location 22 A)10,000 Incl Incl Incl Incl Location 23 A)57,278 Incl Incl Incl Incl Location 27 A)32,133 Incl Incl Incl Incl Building or premises - Bank or office -Mercantile 61213 or Manufacturing -maintained by the insured (Lessor's Risk Only) Including products and/or completed Operations Location 20 A)12,000 Incl Incl Incl Incl Location 21 A)541 Incl Incl Incl Incl Location 26 A)18,400 Incl Incl Incl Incl Location 29 A)3,600 Incl Incl Incl Incl * Premium Basis (Rate). Indicate: "(a)" for Area (per 1,000 sq. ft.) "(p)" for Payroll (per $1,000 of payroll) "(s)" for Gross Sales (per $1,000 of gross sales) "(c)" for Total Cost "(m)" for Admissions (per 1,000 admissions) "(u)" for Units (each unit) Ed. 11/85 Printed in U.S, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. SCG82 503 56 CBP 06008219-91 Policy No. Schedule Extended This endorsement modifies insurance provided under the Liability Coverage Part to which it is attached. The premium for this policy is based upon the classifications shown in this endorsement, along with any shown in the Declarations. Advance Rate* Premium Code Premium Products/ All Products/ All Classification No. Basis * Compl. Ops. Other Compl. Ops. Other Building or premises 61215 bank or office including products and/or completed operations Location 24 A)47,453 Incl Incl Incl Incl Location 25 A)15,600 Incl Incl Incl Incl Location 30 A)11,640 Incl Incl Incl Incl Location 31 A)50,000 Incl Incl Incl Incl Warehouses -Cold 99917 storage -public including products and/or completed operations Location 28 P)81,000 Incl Incl Incl Incl * Premium Basis (Rate). Indicate: "(a)" for Area (per 1,000 sq. ft.) "(p)" for Payroll (per $1,000 of payroll) "(s)" for Gross Sales (per $1,000 of gross sales) "(c)" for Total Cost "(m)" for Admissions (per 1,000 admissions) "(u)" for Units (each unit) Ed. 11/85 Printed in U.S./ CL 113 (11-88) CG 00 Ol 11 88 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the compa- ny providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I —COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAM- AGE LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limit- ed as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or per- form acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS —COVERAGES A AND B. b. This insurance applies to "bodily injury" and "prop- erty damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" oc- curs during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions. This insurance does not apply to: exclusion does not apply to "bodily injury" result- ing from the use of reasonable force to protect per- sons or property. b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agree- ment. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract", provided the "bodily in- juq' or "property damage" occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement. c. "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a per- son under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcohol- ic beverages. This exclusion applies only if you are in the busi- ness of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above, This exclusion applies: a. "Bodily injury" or "property damage" expected or (1) Whether the insured maybe liable as an em- intended from the standpoint of the insured, This ployer or in any other capacity; and k AUTHENTIC Copyright, Insurance Services Office, Inc„ 1982, 1988 (2) To any obligation to share damages with or re- pay someone else who must pay damages be- cause of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or oc- cupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at anytime transport- ed, handled, stored, treated, disposed of, or processed as waste by or for any in- sured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations: (i) if the pollutants are brought on or to the premises, site or location in con- nection with such operations by such insured, contractor or subcontractor; or (ii) if the operations are to test for, moni- tor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d) (i) do not apply to "bodily injury"or "property damage" arising out of heat, smoke or fumes from a hostile fire, As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thei,- mal irritant or contaminant, including smoke, va- por, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or prop- erty for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the defini- tion of "mobile equipment" (Section V.8.), h. "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged rac- ing, speed or demolition contest or in any stunting activity. i. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j. "Property damage" to: (1) Property you own, rent or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or con- trol of the insured; (5) That particular part of real property on which you or any contractors or subcontractors work- ing directly or indirectly on your behalf are per- forming operations, if the "property damage" arises out of those operations; or 2 (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never oc- cupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard': k. "Property damage" to "your product" arising out of it or any part of it. I. "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard'. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. "Property damage" to "impaired property" or prop- erty that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agree- ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac- cidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Damages claimed for any loss, cost or expense in- curred by you or others for the loss of use, with- drawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any per- son or organization because of a known or sus- pected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through n. do not apply to damage by fire to premises rented to you. A separate limit of in- surance applies to this coverage as described in LIMITS OF INSURANCE (SECTION III). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this coverage part applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limit- ed as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or per- form acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAY- MENTS —COVERAGES A AND B. b. This insurance applies to: (1) "Personal injury" caused by an offense aris- ing out of your business, excluding advertis- ing, publishing, broadcasting or telecasting done by or for you; (2) "Advertising injury' caused by an offense com- mitted in the course of advertising your goods, products or services; but only if the offense was committed in the "cov- erage territory" during the policy period. 2. Exclusions.. This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of ma- terial, if done by or at the direction of the in- sured with knowledge of its falsity; (2) Arising out of oral or written publication of ma- terial whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or (4) For which the insured has assumed liability in a, contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the con- tract or agreement. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappropria- tion of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or per- formance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcasting, publish- ing or telecasting. 3 COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage ter- ritory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit, including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit: 6. Prejudgment interest, awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. b. We will make these payments regardless of fault. These payments will not exceed the applicable lim- 7. All interest on the full amount of any judgment that it of insurance. We will pay reasonable expenses accrues after entry of the judgment and before we have for: paid, offered to pay, or deposited in court the part of (1) First aid at the time of an accident; the judgment that is within the applicable limit of in- surance. (2) Necessary medical, surgical, x-ray and den- tal services, including prosthetic devices; and These payments will not reduce the limits of insurance. (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions. We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the "bodily injury" are pay- able or must be provided under a workers' com- pensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f. Included within the "products -completed opera- tions hazard". g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the con- duct of your business. c. An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. 2. Each of the following is also an insured: a. Your employees, other than your executive officers, but only for acts within the scope of their employ- ment by you. However, no employee is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co -employee while in the course of his or her employment, or the spouse, child, par- ent, brother or sister of that co -employee as 4 a consequence of such "bodily injury" or "per- c. Coverage B does not apply to "personal injury" or sonal injury, or for any obligation to share "advertising injury" arising out of an offense com- damages with or repay someone else who miffed before you acquired or formed the organi- must pay damages because of the injury; or zation. (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or oc- cupied by or rented or loaned to that em- ployee, any of your other employees, or any of your partners or members (if you are a part- nership or joint venture). b. Any person (other than your employee), or any or- ganization while acting as your real estate man- ager. c. Any person or organization having proper tem- porary custody of your property if you die, but only: (1) With respect to liability arising out of the main- tenance or use of that property; and (2) Until your legal representative has been ap- pointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Cover- age Part. 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any per- son is an insured while driving such equipment along a public highway with your permission. Any other per- son or organization responsible for the conduct of such person is also an insured, but only with respect to lia- bility arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury' to a co -employee of the person driv- ing the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the em- ployer of any person who is an insured under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only un- til the 90th day after you acquire or form the or- ganization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring- ing "suits': 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages be- cause of "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" in- cluded in the "products -completed operations hazard'. 4. Subject to 2. above, the Personal and Advertising In- jury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury' sustained by any one person or organization. 5. Subject to 2. or 3. above,,whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence'. 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you aris- ing out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical ex- penses because of "bodily injury' sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the poli- cy period shown in the Declarations, unless the policy peri- od is extended after issuance for an additional period of less than 12 months. In that case, the additional period wiI be deemed part of the last preceding period for purposeE of determining the Limits of Insurance. SECTION IV —COMMERCIAL GENERAL LIABILITY CON- DITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the in- sured's estate will not relieve us of our obligations un- der this Coverage Part. 2. Duties in The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "occurrence" or of- fense took place; (2) The names and addresses of any injured per- sons and witnesses; and (3) The nature and location of any injury or dam- age arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify.us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other in- formation; 1 (3) Cooperate with us in the investigation, settle- ment or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforce- ment of any right against any person or organi- zation which may be liable to the insured because of injury or damage to which this in- surance may also apply. d. No insureds will, except at their own cost, volun- tarily make a payment, assume any obligation, or incur any expense, other than for first aid, with- out our consent. 3. Legal Action Against Us. No person or organization has a right under this Cov- erage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's le- gal representative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverage A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other in- surance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the ex- tent not subject to Exclusion g. of Coverage A (Section 1). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insur- ance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Ex- cess Insurance provision and was not bought spe- cifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cov- erage Part. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes 2 equal amounts until it has paid its applicable lim- it of insurance or none of the loss remains, which- ever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all insurers. 5. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V—DEFINITIONS 1. `Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of do- ing business; or d. Infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semitrail- er designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. Bodily injury means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its terri- tories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the in- jury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settle- ment we agree to. 5. "Impaired property" means tangible property, other than "your product" or "yourwork", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract of agreement. 6. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; N 7 c. Any easement or license agreement, except in connection with construction or demolition oper- ations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indem- nify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement per- taining to your business (including an indemnifi- cation of a municipality in connection with work performed for a municipality) under which you as- sume the tort liability of another party to pay for "bodily injury" or "property damage" to a third per- son or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any rail- road bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifica- tions; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or dam- age arising out of the insured's rendering or fail- ure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; or d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accept- ed for movement into or onto an aircraft, water- craft or "auto"; b. While it is in or on an aircraft, watercraft or "auto'; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the move- ment of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 8. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other ve- hicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or' (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primar- ily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, in- cluding spraying, welding, building cleaning, geophysical exploration, lighting and well ser- vicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, in- cluding spraying, welding, building cleaning, geophysical exploration, lighting and well ser- vicing equipment. 9. "Occurrence" means an accident, including continu- ous or repeated exposure to substantially the same general harmful conditions. 10. "Personal injury" means injury, other than "bodily inju- ry'; arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; 8 d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or serv- ices; or 13. e. Oral or written publication of material that violates a person's right of privacy, 11. a. "Products -completed operations hazard" includes all "bodily injury" and "property damage" occur- ring away from premises you own or rent and aris- ing out of "your product" or "your work" except: (1) Products that are still in your physical posses- sion; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earli- est of the following times: (1) When all of the work called for in your con- tract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any per- son or organization other than another con- tractor or subcontractor working on the same project. Work that may need service, maintenance, correc- tion, repair or replacement, but which is otherwise complete, will be treated as completed. c. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the in- jury or damage arises out of a condition in or on.a vehicle created by the "loading or unload- ing" of it; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; (3) Products or operations for which the classifi- cation in this Coverage Part or in our manual of rules includes products or completed oper- ations, 12. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property ;hat is rot physi- cally injured. All such loss shall be deemed to oc- cur at the time of the "occurrence" that caused it. "Suit" means a civil proceeding in which damages be- cause of "bodily injury, "property damage, "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceed- ing in which such damages are claimed and to which you submit with our consent. 14. "Your product" means: a. Any goods or products, other than real property, manufactured, sold_, handled, distributed or dis- posed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, per- formance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 15. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in con- nection with such work or operations. "Your work" includes; a. Warranties or representations made at any time with respect to the fitness, quality, durability, per- formance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to: 1. "Bodily injury" or "property damage" arising in whole or in part, either directly or indirectly out of asbestos whether or not the asbestos is: a. Airborne as a fiber or particle; b. Contained in a product; c. Carried or transmitted on clothing or by any other means; or Named Insured's Signature Agent/Witness Ed. 3/86 Endorsement No. SCG22 501 Exclusion — Asbestos d. Contained in or a part of: (1) any building; (2) any building material; (3) any insulation product; or (4) any component part of any building, building material or insulation product. 2. The investigation, settlement or defense of any claim, "suit" or proceeding against the insured alleging any actual or threatened injury or damage which arises out of or would not have occurred bui for asbestos, as described above. You, as the Named Insured, by signing below accept this endorsement for all insureds covered on this policy. You should return a signed copy of this endorsement to us. Date Printed in U.S.A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. SCG 22 503 A Pollution Exclusion Endorsement With Hostile Fire Amendment This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This endorsement replaces exclusion f. under or neutralize, or in any way respond to, or COVERAGE A (Section 1) of the Commercial General assess the effects of "pollutants". Liability Coverage Part. This endorsement also replaces Subparagraphs a and d i do not apply to exclusion j. under COVERAGES (Section 1) of the i() pe ty pa y Owners And Contractors Liability Coverage Part. "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". This insurance does not apply to: (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened emission, discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of "waste"; (c) Which are or were at any time transported, handled, stored, treated, disposed of or processed as "waste" by or for any insured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on .any insured's behalf are performing operations: (i) If the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (ii) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify (2) Any loss, cost, expense or damages arising out of any: (a) request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) claim or suit relating to testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of "pollutants". As used in this insurance: "Pollutants" mean any noise, solid, semi -solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, mists, acids, alkalis, chemicals, biological and etiologic agents or materials, electromagnetic or ionizing radiation and energy, genetically engineered materials, teratogenic, carcinogenic and mutagenic materials, "waste" and any irritant or contaminant. "Waste" includes any materials to be disposed, recycled, reconditioned or reclaimed. "Hostile fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. Copyright, The Continental Corporation 1989 includes material of the Insurance Services Office used with its permission. Ed. 6/89 Printed in U.S.A. CL 205 (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 01 09 1185 KANSAS AND OKLAHOMA CHANGES -TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section IV), does not apply to COVERAGE C. MEDICAL PAYMENTS. Y AUTHENTIC Copyright, Insurance Services Office, Inc., 1984 POLICY NUMBER: 56 CBP 06008219-91 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 13 1185 ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS -PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART State or Political Subdivision: City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SCHEDULE Location of Premises Brookdale Office Park 3300 County Road 10 Brooklyn Center, MN CL 249 (11-85) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following additional provi- sion. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: 1. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2. The construction, erection, or removal of elevators; or 3. The ownership, maintenance, or use of any elevators covered by this insurance. `4 UTHENTIL Copyright. Insurance Services Office, Inc., 1984 CSM CORPORATION LOCATION SCHEDULE NAME/ADDRESS NAME/ADDRESS 1. Lancaster Village 13.Candlewood Apartments 3610-3680 Lancaster Ln N. 4404-4555 Candlewood Place Plymouth, MN Rapid City, S.D. 2. Granada Lakes Apts. 14.Quall Creek Apts. 3829-3868 Granada Ln N & 7164-7166 Ann St. 8 3840-3915 Granada Way N 905-915 N. 72nd St. Oakdale, MN Kansas City, KS 3. Shoreview Apartments 15.North Village Apts. 4579-4599 Shoreline Dr. 4701-4761 N. Highland Dr. & Spring Park, MN 1701-1708 Vivian Road Kansas City, MO 4. Bridgeway Apartments 1000-1024 Burnsville Pkwy. 16.CSM Gatehouse Apts. Burnsville, MN 11601-11821 Holiday Drive, 6901-6905 116th Street, 5. Westwind Apartments 7001-7013 117th Street & 255-275 Shelard Parkway 10600-11830 Winchester St. Louis Park, MN Kansas City, m0 6. Minnetonka Hills Apts. 17.CSM Towers Apts. 2828-2875 Jordan Avenue 728 Jennings Road Minnetonka, MN Independence, MO 7. Valley Creek Apts. 18.Mountain View Apts. 1671-1717 Century Circle 2301 Nogales Way Woodbury, MN 2404 Foothills Blvd. & 805-811 Mountain View 8. White Bear Woods Apts. Gillette, WY 4770-4790 Centerville Rd. White Bear Lake, MN 19.Yale Place I Shopping Ctr. 2680-2690 S. Havana 9. Trailway Pond Apts. Aurora, CO 421 E. Travelers Trail & 12550 Portland Ave. S. 20.Yale place II Shopping Ctr. Burnsville, MN 2670 S. Havana Aurora, CO 10.Trailway Pond II Apts. 429-450 E. Travelers Tr. & 21.Westminster/Rocky Mountain 12570 Portland Ave. S. Shopping Center Burnsville, MN 8605/8825 Sheridan Denver, CO ll.Lardo Apartments 16222-16488 E. 17th Place 22.LaBelle Plaza Shopping Ctr. Aurora, CO 24th & Columbia Grand Forks, N.D. 12.Country Bluff Apts. 244 Texas St. & 23.M & M Burnsville Shopping Center 3610-3638 S. 5th Street 1238-1300 County Road 42 Rapid City, S.D. Burnsville, MN NAME/ADDRESS 1/ 24 Brookdale Office Building 3300 County Road 10 Brooklyn Center, MN 25.B�ooklyn Crossing Phase II -5220-3260 County Road 10 Brooklyn Center, MN 26.Moline Building 4301 16th Street Moline, IL 27.Rochester Building 4200-4242 N. Highway 52 Rochester, MN 28.M & M Development Produce 740-760 Kasota Circle Minneapolis, MN 29.Riverview Industrial Center Building 150 Eva Street St.Paul, MN 0.424 Hennepin Building 424 Hennepin Avenue Minneapolis, MN 3.CSM Lakeside Building 4400 West 78th Steet Bloomington, MN 32.Fountain Place Apartments 8560-8590 Magnolia Trail Eden Prairie, MN 33.Fountain Place II Apts. 12790-12810 Primrose Lane Eden Prairie, MN 34.White Bear Woods II Apts. 4800 Centerville Road White Bear Lake, MN 35.Woodlane place Apts. 2186-2262 Cypress Drive, 2138-2256 Hemlock Blvd., 2150-2285 Sycamore Trail, 2282-2342 Magnolia Lane & 2309-2460 Sumac Way Woodbury, MN CSM CORPORATION LOCATION SCHEDULE NAME/ADDRESS 36.Valley Creek II Apts. 1701 Century Circle & 1525 Parkwood Drive Woodbury, MN 37.Advanced-United Warehouse Building 2601 Broadway Rd. Minneapolis, MN 38.Bass Lake Hills Townshouse Apartments 5874 Teakwood Lane N. Plymouth, MN 39.Courtly Park Apartments 2367-2480 Cochrane Circle & 2301-2422 Cypress Drive Woodbur, MN 40.Birch Lake Townhomes 4888 Birch Lake Circle White Bear Lake, MN ELK RIVER CONCRETE PRODUCTS o 7575 GOLDEN VALLEY ROAD m MINNEAPOLIS, MN 55427 (612) 545-PIPE - INWARD WATS--800 + 552-1158 o(q11 DATE PROJECT 7- fitIv, "1 ICI-S o 7� 2, Z7 gq,(,-O C> IvI `0 M IT b =0 11 - 3 17) Po-11 00 1/7 00 ELK RIVER CONCRETE PRODUCTS • 7575 GOLDEN VALLEY ROAD • MINNEAPOLIS, MN 55427 (D (612) 545-PIPE • INWARD WATS--800 + 552-1158 PROJECT DATE _ " , i2, 7, b s ATLANTA, Q1E0R'Z'"1A DALLAS,TENAZ "MMEAPOLIS, MINNES4DTA t4gwPOAT BeACH. CALIFORNIA SAINT PAUL, HINNE50TA SAN FRANI:i$CCC1 CALIFORNIA WA314IN"You, n. C. WeLLESLEY, MASSACHU-5K77tf ROBINS, APLAN, MILLEP, A CIRESI ATTORNEYS AT LAW 1800 INTMNATIONAL CFNTR-E �00 5ECOND AVENUE SOUTH Ml�-ANtAPOLLS, MINNE.$OTA 55402-3394 TELEPHONE (612) 315-85W TELECOPIEK (612) 339-4181 TWX 910-S76-2737 THE INFORMTTON CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE US)EI OF THE ADDRESSEE LISTED BELOW AFD 140 ONE ELSE IF YOU AVE NOT THE INTENDED RECIPIENT OR THE FKPLOYER OR AGENT RESPONSIBLE To DELIVER THIS MESSAGIK TO THE INTENDED RECIPIENT, PLEASE DO NOT USE THIS TRANSMISSION IN ANY WAY, BUT CONTACT THE SENDER BY TELEPHONE. DATE4 August 9, 1990 TO: Gary Shallcross City of Brooklyn Center PILE NO.: 022979-0012 (TBO) FACSIMILE XQ-! 561-0717 TBLEPHONE NO.-. 569-3330 FROMI. Todd C, Wylie / Keith W. Baker IFS IF TRANSMISSION PROBLEMS OCCUR, OR YOU ARE NOT THE INTENDED RECIPIENT, PLEASE CALL (612) 349-8730 OR CONTACT KELTAY AT (612) 349-8716. t1clo" I FZ10 ' 390--4 9S—DT 06, 6 171f1H This Declaration is made and -entered into as of this ' d-y of August, 1990, by Brookdale Office Park far t-DershiD. a M'Innesota. general partnership (the "Partnership"). RECITALS A. The Partnership is the fee owner of %-'h6::! real properl"y legally described as Lot 1, Block 1, Brooklyn Crossing Addition, City of Brooklyn Center, County of HRZ-nne-pin, Minnesota- which is the sits of a five story office buildinq ("Parcel If'). Bs The Partnership' is also the fee owner of the real property legally described as Lot 1, Wock 1, Brook lyn Crossing Second Addition, City of Brooklyn Centlerf County of Hennerdn, minnesota which is the anticipated sits of five sincjle story ottice bDildlings, two of which buildings have h�en issuedcErtl i atss of Occupancy by the City of Brook lyn Center, Minnesota (the nci-Y11) and three of w1hich are partially constructI-ed ("Parcel h -fill) "Parcel C. The �asterly boundary line of Par{ -el I abuts the westerly boundary line of Parcel 11. D. The Partnership wishes to chanae the use to which the building on Parcel 1 is put by devoting up to 4,800 squares feet_�_ _9 thereof to medical office use, which chamr,ye In use would ret-cpaire the addition of 26 parkinq stalls to Parcel T to satisfy the requArevaents of the City's ordinances. Rm To satisfy such require.ments, and to JU nJuce tie City ti:1 allow the Partner -ship to make. ;such change of Use the Partnership desires to create, for the benefit of Parcel I lteruporarw non- excli-Isive paikinq_ easement over Parcel TI, an(3 to impoSe on Parcel I and Parcel 11 certa-Ln developnient and use all as provided below. NOW, THEREFO-ORZ, in consideration of the foregoina recitals and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parities hereby agree as iollows- A 1� x - The -.,W. . 6_?�2 L I I Gr knt of Parkinq Easement inh F qof PaY Partnership hereby declares, grant& '. assianis, esarveg and quit claims a temporary ap L_ and non-exclus L­ park-instag q l purtenant i easement in favor of Parcel I over and across that-, portion of Parcel TT outlined in red on Exhibit ___ A attached ht�t;reto and incorporated herein by this reference (the !'Parki_-naj Easements`) T AR 4 6 .1-7) F1 H 1810 621-1, _il-19 2. TOM of The easement and restrictions set forth in this Declaration shall remain in effect until released by the City of Brooklyn Center in writing in recordable form. The City shall execute such a release upon the request of the Partnership or any owne-r of Parcel I or Parcel II, provided Parcel I and Parcel 11, as used and as platted or replatted, are in compliance with all parking requirements of the Brooklyn Center Code of Ordinances. 3. Restricti*U gring Tarn of Parlong - - - Ease-Mehlt. During the Term of the Parking Easement, Parcel I and Parcel TT shall also be subject to the following use and development restrictions: (a) No building permit shall be issued by the City for Parcel !I after the date hereof, including permits for the construction of buildings designated as buildings A? D and E on Spheet A-1 of that certain Development Plan dated September 6, 1986, and approved by the city. (b) No change in the current use or zoning of Parcel I or Parcel IT may be made which would require that additional parking stalls be incorporated into either of said parcels pursuant to the City's parking ordinances. (c) The combined aggregate square feet of Office space occupied by medical users in the buildings located on Parcel I and Parcel II shall not exceed 4,800 s(Taare feat The foregoing restrictions (a)-(c) shall automatically and unconditionally terminate upon the termination of the Tern, pursuant to paragraph 2 above without the need or require -meat of any consen* or approval of the Partnership or any third party. 4. BindjAq Obligations. All the terms and conditions of, this instrument shall be deemed to be covenants, easements and restrictions running with and appurtenant to Parcel I and Parcel TT I iff: and shall benefit and burden the Partnership, its res-ppeectiv-- successors, assigns, transferees, grantees and all other panes hereinafterowning, obtaining or holding a property interest in Parcel I and Parcel II The terms of this Declaration may also be enforced by the City. Except as expressly provided herein., this instrument does not create any rights, restrictions and obligations burdening or benefiting the (i) Partnership, (ii) any third party/ or (iii) Parcel I or Parcel IT. N too/000,39HJ 'S:9T 06i E. 1_1 H 18TV 71C.) The Partnership has executed this Declaration as of the date and year first written above. BRr-XDX1--)Al-8 OFFICE PARK PARTNERST-HIP, a M-innesota gene ral partnership By, Its General Pax-ftner STATE OF MINNESOTA COUNTY OF HENNEPIN The foreqo4n instrzy-ment wa-- a-CknoWiedge-d beforre me this 1; W- - day of Aug-ust, 1990, by 9 the General Partner of Brookdale Office Park- P Llnershlp, Minresota general partnip , on behalf of said. Par Tner8hip. DRAFTED BY,; Robins, Kaplan, Miller & Ciresi 1800 International Centre goo Second Avenue South Minneapolis, Minnesota 55402 3 Notary Publi'c T8TP 62 7TI-1 Attorneys at Law ROBERT A. ALSOP PAUL D. BAERTSCHI RONALD H. BATTY MARY J. BRENDEN STEPHEN J. BUBUL ROBERT C. CARLSON CHRISTINE M. CHALE JOHN B. DEAN ROBERT J. DEIKE MARY G. DOBBINS JEFFREY ENG STEFANIE N. GALEY DAVID L. GRAVEN CORRINE A. HEINE JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAW August 9, 1990 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 Facsimile (612) 337-9310 Mr. Keith Baker Robins, Kaplan, Miller & Ciresi 1800 International Centre 900 Second Ave. S. Minneapolis, MN 55402-3394 WRITER'S DIRECT DIAL 337-9215 Re: Brooklyn Crossing Office Building Dear Mr. Baker: JULIE A. LAWLER CHARLES L. LEFEVERE JOHN M. LEFF.VRE. JR. ROBERT J. LINDALL LAURA K. MOLLET DANIEL R. NELSON BARBARA L. PORTWOOD MARY FRANCES SKALA JAMES M. STROMMF.N STEVEN M. TALLEN JAMES J. THOMSON, JR. LARRY M. WERTHEIM BONNIE L. WILKINS OF COUNSEL. ROBERT L. DAVIDSON JOHN G. HOESCHLER As I discussed with Mr. Wylie of your office this morning, I would request that paragraph two of the draft declaration relating to the Brooklyn Crossings office building be changed to read as follows: 2. Term of Easement and Restrictions. The easement and restrictions set forth in this Declaration shall remain in effect until released by the City of Brooklyn Center in writing in recordable form. The City shall execute such a release upon the request of the partnership or any owner of Parcel I or Parcel II, provided Parcel I and Parcel II, as used and as platted or replatted, are in compliance with all parking requirements of the Brooklyn Center Code of Ordinances. I understand that other changes which I discussed with Mr. Wylie have already been incorporated into the draft agreement. If the language above is acceptable to you, I would request that it be incorporated into the draft document and that the document be faxed to me and to Gary Shalleross at the City of Brooklyn Center for final review. Thank you. Very truly yours, +51I jCO AUG 19 ��� Char es .�LeFeiere IS, opa CLL:rsr lYf w B2 91-016 cc: Gary Shallcross `, 2. Te M OF R trKin q- masement. Notwithstanding anything contained herein to the contrary, the Parking Easement shall run and be in ef feQt only until such time as Parcel I and Parcel 11 are both replatted or upon suclearlier date as the Partnership and the it shall a I t_' in- L_ agree to in a writing recordable agti _s� both parcel I and Parcel 11 (the at which time the Parkinct Basement shall automatically and unconditionally terminate without the need or requirement of any consent or approval- of the Partnership or any third party. 3 R e 4-q 2:.3 q Fagg wn During the _M ts Durirl(! T90 Of PArk" Term of the Parkin g Easement, the -Partnership Mall be -subject to the following restrictions3 (a) The Partnership 8hal-'L not seek or be is�ujed any building permits after the dote hereo -T -from the City, with respect to the buildings to be built upon Phase II wilinh are designated as buildings A., D and E on Shee+, A=I or - hat certain D,--velopment Plan dated wept eiiiter 6, 198-6 and approved by the city (h) The '_Partne_rshitD sshall I ot MaIfKe or undertake any - change in 'C.he- current 111 OT' Of Pa-rc e-' I drid parcel 11 which would requix-e! that additiona-I parking stalls be iTico-r o- parce- to the -P irated intin P-11 city's parking ordiname-_- (c) -m-)e p�-.- nershin shall not p--rmit the com'"Ined )f scci�,p g�d kD aggregalle. _p ace y to ical users in the b0i tcfa located on Phase I ;and __Ph_-<_e II, incli,isive, to exciE,Ed, 4,800 sTuare feet - The foregoing c-ions Sh.--all autont-aticially and pon the torminaFI-on of the Tem. purs-riant unconditionally ter luinate u to paragraph 2 above withlo-Ut the reed or reqn)irenuent of c.on=-(g!nTL LI or approval of the Partnership or any third parrty All thg terms and conk itions of this instrument shall be deemed o be c o v fa n -a -in t easeaaents and restrictions running with and appurtenant to Parcel 1 And Parcel T! and shall benefit and burden the Partnership, successors, transferees, grantseeS and all other parties hereinafter owning, obtaining or holding "- .7 n-rnpe-rty inter­t in 7 Parcel T and Parcel 11, EXcent a-exprestA_? �-rcvde0-herein, thIS p= instrum -rict on And o -ya ­1 i t ` on- ent does not create any rights; resy_ 1—L L_ burdenj_nq or benefiting the (i) Partner ship, (ii) any t"-k-' ird -party, or (M) Parcel I or Parcel 2 S C1 0/dCJ 0 ' 3 9 H d I t- I D �_i 1-10 T::_11TV 6'2`2 1 T'_-I February 10, 1999 Joan Kuschke CSM Corporation 2575 University Ave West, Suite 150 St. Paul, MN 55114 Dear Ms. Kuschke: This letter is to inform you that the Brooklyn Center City Council released the entire remaining obligation of your performance agreement at its regular meeting on February 8, 1999. Enclosed please find the Surety Bond held by the City to insure completion of approved site improvements for the 3200 - 3280 County Road No 10, Brookdale Office Park Partnership. If you have any questions or comments regarding this matter, please contact me at 569-3300. Yours truly, Ronald A. Warren Planning and Zoning Specialist RAW : rsc Enclosure March 12, 1998 St. Paul Fire and Marine Insurance Co 385 Washington Street St. Paul, MN 55102 TO WHOM IT MAY CONCERN: RE: Surety Bond ($30,000) Brooklyn Crossing Office Park 3200 through 3280 Country Road No 10 Brooklyn Center, MN 55429 This letter is to notify you in writing that the above -referenced bond was authorized for release by the Brooklyn Center City Council on February 8, 1999 (a copy of the minutes are enclosed). The bond and the original performance agreement for which it was the guarantee have been returned to the obligor for their disposition. Your company may, therefore, cancel this bond immediately. If you have any further questions regarding this matter, please contact me. Yours very truly, Ronald A. Warren Planning and Zoning Specialist RAW:rsc Enclosure MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: Site Performance Guarantee Release Date: February 3, 1999 The following site performance guarantee being held by the City for the completion of various site improvements, should be recommended to the City Council for release: Brooklyn Crossing Office Park 3200 through 3280 County Road 10 Planning Commission Application No. 86025 Amount of Guarantee - $30,000 (Performance Bond) Obligor - Brookdale Office Park Partnership This 1986 project comprehended five one-story office buildings at the northwesterly corner of County Road 10 and Northway Drive. Two of the office buildings were completed in 1986-87 and the foundations for the other three were put in at about the same time. The total completion of the other office buildings was put on hold due to market considerations and the developer requested a reduction in the amount of the original $68,000 financial guarantee based on the completion of the site improvements at that time. A reduction from $68,000 to $30,000 was authorized by the City Council on March 13, 1989. Since that time the developer has completed most of the site improvements related to the five building office park proposal. Just recently the developer has received approval to complete one of the remaining three buildings and has posted a $15,000 financial guarantee to assure the completion of the site improvements around that particular building site. Therefore, it is recommended that the $30,000 financial guarantee posted in 1989 be released in its entirety. Other site improvement guarantees will be required if and when the developer seeks approval to complete the buildings on the remaining two foundations. comui Property& Liabili y Insurance STIPULATION (Penalty Increase or Decrease) ATTACHED TO AND FORMING EFFECTIVE DATE EFFECTIVE DATE OF AMOUNT OF NEW PENALTY PART OF BOND NO. OF BOND THIS STIPULATION r&MEVCMDECREASE AMOUNT 400 HF 5698 9/26/86 3/13/89 $38,000.00 $30,000.00 ISSUED ON BEHALF OF ISSUED IN FAVOR OF Brookdale Office Part Partnership II I City of Brooklyn Center, MN We, St. Paul Fire and Marine Insurance Company, Surety on the above Bond, hereby stipulate and agree that from and after the effective date of this Stipulation the penalty of said Bond shall be increased Check ® decreased One by the amount stated above but the total liability of St. Paul Fire and Marine Insurance Company under said Bond and this Stipulation shall not exceed the sum of ..... Thirty Thousand and no/100------------ .................................................... dollars ($..R.,.OQQ..QQ....). St. Paul Fire and Marine Insurance Company -- .�. .... ........................................ Jack Cedarleaf II Attorney -in -Fact REQUEST FOR STIPULATION (INCREASE) We Brookdale Office. . . Park Partnership...II..................... principal hereby request St. Paul Fire and .......................••........•..... •..... •............ •-•. ..... .. Marine Insurance Company to execute the foregoing Stipulation. Brookdale Office p k Partnership II By.....::.... ........ ............. _......................... CONSENT TO STIPULATION (DECREASE) We..................City of Brooklyn Center, MN ---------------- .---------------------------------- , Obligee, hereby consent to the foregoing Stipulation decreasing the Bond amount. By.. c.._..... .�cr—.-................ 11076 Rev. 11-70 Printed In U.S.A. CORRORATION 680 Kasota Avenue, Minneapolis, Minnesota 55414 (612) 623-3311 Telecopler (612) 623-0615 April 25, 1989 Mr. Gary Shallcross City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Performance Guarantee - Brooklyn crossing office Park Dear Mr. Shallcross: Enclosed please find two executed originals of the stipulation decreasing our performance bond at Brooklyn Crossing from $68,000.00 to $30,000.00. Please return one fully executed original to our office. Very truly, David Carland Enclosure DC/vb PLANNING AND INSPECTION DEPARTMENT CITY OF BROOKLYN CENTER, MN 55430 STATUS OF REQUIRED IMPROVEMENTS NOTICE TO: ve Carland Corporation ) Kasota AvPn Minneapolis MN 55414 Date: March 27 1989 Site Location: 3200 to 3280 Count Road 10 Amount of Performance Guarantee: $68,000 reduced to $30, 000 Application No. 86025 Approval Date: July 28 1986 The City holds a Site Performance Agreement and Financial Guarantee for required improvements at the above site, which has been recently inspected as to compliance with approved plans, conditions of approval, and.applicable ordinance requirements. The following improvements must be completed or corrected before release of the financial guarantee can be made. Please notify this office, in w_ ritinq, when the work is finished so another inspection can be arranged. Please direct questions to this office. (612) 561-5440. DESCRIPTION OF REMAINING IMPROVEMENTS OR CORRECTIONS: Parking lot and landscape improvements remain to be completed for the three proposed northerly buildings in the complex. An as -built survey of utilities and other improvements on the property must be sub- mitted prior to release of the performance guraantee. If you have any questions regarding remaining requirements, please contact me. Sincerely, C� Gary Shallcross Planner P/I Form No. 31 CITY OF BROOKLYN CENTER March 27, 1989 Dave Carland CSM Corporation 680 Kasota Avenue Minneapolis, MN 55414 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561-5440 EMERGENCY - POLICE - FIRE 911 Re: Reduction of Performance Guarantee -Brooklyn Crossing Office Park 3200-3280 County Road 10 Dear Mr. Carland: This letter is to inform you in writing that the Brooklyn Center City Council authorized a reduction from $68,000 to $ 30,000 in the amount of your performance qua.ra:nte,e. at its March 13, 1989 regular meeting. The original guarantee will be held by the City unti I you submit a new financial instrument or a rider. I am enclosing a list of those financial instruments which are acceptable to the City. A status report for the project describing the remaining improve- ments and a copy of the City Council minutes pertaining to the reduction are also enclosed. If you have any further questions, please contact me. Thank you for your cooperation. Yours very truly, Gary Shallcross Planner GS:mll Enclosures M66 LLl•AMtA1G QI'/ CITY OF BROOKLYN CENTER Council Meeting Date 3-13-89 Agenda Item NumberYO—� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Bond Reduction - Brooklyn Crossing Office Park DEPARTMENTAPPROVAL: A Signature - title Director of Planning an ec ion MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report /Y. Comments below/attached SUMMARY EXPLANATION: (supplemental sheets attached The following performance guarantee is recommended for reduction: Brooklyn Crossing Office Park 3200-3280 County Road 10 Planning Commission Application No. 86025 Amount of Guarantee - $68,000 bond Obligor - Brookdale Office Park Partnership This development is to have five, small, one -storey office buildings. Two are built and space is not leasing very fast, so the remaining three buildings are on hold. Driveways are in and three parking lots are in. Landscaping is also partially complete. The City Engineeer has estimated that there is approximately $29,000 of site improvements remaining. Such an amount would more than cover the possibility of seeding undeveloped areas and completing any curb work. The obligor has asked for a reduction to cover remaining improvements. Recommend -reduction to no less than $30,000 until project is substantially complete. Gary Shallcross Planner APPROVAL OF MINUTES - FEBRUARY 27 1989 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the minutes of the February 27, 1989, City Council meeting. The \\\ motion passed, Mayor Nyquist and Councilmember Lhotka abstained from the vote as they were not present at the meeting. PERFORMANCE BOND REDUCTION - BROOKLYN CROSSING OFFICE PARK There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to reduce the performance guarantee for the Brooklyn Crossing Office Park, 3200- 3280 County Road 10, to $30,000. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending Fee Schedules Relating to 1989 Tree Removal Program. Councilmember Scott stated she would recommend the administrative fee for private property tree/stumps be increased to $42 and the administrative fee for boulevard tree/stumps be increased to $21. RESOLUTION NO. 89-42 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Establishing Project No. 1989-04, Installation of Radiant Heating System for City Garage, and Approving Contract for Engineering Services Relating Thereto. He noted there is an appropriation included in the 1989 budget for this project, Councilmember Lhotka inquired if the $2,500 construction inspection services fee is included in the $25,500 appropriation. The Director of Public Works responded affirmatively. RESOLUTION NO. 89-43 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1989-04, INSTALLATION OF RADIANT HEATING SYSTEM FOR CITY GARAGE, AND APPROVING CONTRACT FOR ENGINEERING SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Approving Plans and Specifications for the Improvement of CSAH 10, Hennepin County Project No. 8716, Brooklyn Center Improvement Project No. 1987-23. He explained this project provides for the improvement of the intersection of CSAH 10 with Shingle Creek Parkway, including bridge deck widening and replacement, geometric improvements which include the construction of double left turn lanes for eastbound and westbound traffic, and the installation of a new traffic control signal system. The Director of Public Works went on to review the proposed improvements noting the new traffic signal system would allow for pedestrian crossing in all four directions. He added the 3/13/89 -4- 14 680 Kasota Avenue, Minneapolis, Minnesota 55414 (612) 623-3311 T I c i t (612) 6 3-0 1 February 15, 1989 Mr. Gary Shallcross City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Site improvement bond for Phase II Brooklyn Crossing Office Park Dear Gary: Pursuant to our recent phone conversation, I am submitting an itemization of the costs to complete the site improvement work associated with Brooklyn Crossing Phase II. At this point in time we do not intend to commence work on buildings A, D, or E in the immediate future. Since most of the Phase II site work has been completed, we would like to reduce the bond to reflect the outstanding improvements detailed below. Earthwork $ 1,750.00 Curb and bituminous 8,744.00 Landscaping 6,800.00 Sidewalks 5,150.00 Total $22,444.00 Please call or write after you have had the opportunity to review this matter. Very truly, Dave Carland DC/vb CITY OF BROOKLYN CENTER March 27, 1989 St. Paul Fire and Marine 385 Washington Street St. Paul, MN 55102 Re: Bond No. 400 HF 5698 TO WHOM IT MAY CONCERN: Obligor 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561-5440 EMERGENCY - POLICE - FIRE 911 Brookdale Office Park Partnership This letter is to inform your company in writing that the above -referenced bond was authorized for reduction from $68,000 to $ 30,000 on March 13, 1989 by the Brookly Center City Council. The obligor has been notified of this change, but has submitted no new guarantee to us for the amount authorized. The City will accept either a new bond or a rider signed by both the obligor and an authorized representive of your firm. A copy of this letter will be sent to the contractor. If you have any questions regarding this matter, please contact me. Yours very truly, Gary Shai1 cross Planner GS:ml1 CSAIV CORROFiATIORI 680 osoto Avenue, r' inneo ofis, Minnesota 55414 ( 1 '1511 March 1, 1989 Mr. Bo Spurrier City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Site improvement bond for Phase II Brooklyn Crossing Office Park Dear Mr. Spurrier: As discussed during our recent phone conversation, I am providing an itemization showing the unit costs of the outstanding site improvements at Brooklyn Crossing Phase II. The actual numbers that I received from my contractor are slightly different from the estimates that I had provided Gary Shallcross with earlier. Earthwork: 875 cubic feet at $2.00 per cubic foot $ 1,750.00 Curb: 600 lineal feet at $5.00 per lineal foot 3,000.00 Bituminous: 1538 yards at $3.75 per yard 5,768.00 Sidewalks: 3950 square feet at $1.30 per square foot 5,135.00 Landscaping: 40 trees at $140.00 per tree 5,600.00 8 shrubs at $40.00 per shrub 320.00 2430 yards of sod at $1.30 per yard 3,159.00 TOTAL $24,732.00 Please feel free to contact me if you would like to discuss this matter further. Very truly, Dave Carland Leasing Manager DC/vb 9) 7 67 A- Z, 0 0 �ry 2 6' '2 -A �)o co ?o SO, 20 MEMORANDUM TO: Clay Larson, Building Official FROM: Ronald A. Warren, Director of Planning and Inspec 'on DATE: April 19, 1988 SUBJECT: Building Permits at Brooklyn Crossings Office Complex I have just been advised that the final plat for Brooklyn Crossings 2nd Addition was never filed at the County following City Council approval on September 22, 1986. One of the conditions of approval for Planning Commission Application No. 86025 (an application for site and building plan approval for a five office development at Brooklyn Crossing) was that no building permits be issued until the City Council had given final plat approval and the plat had been filed at the County. Please be advised that you are not to issue any further building permits, including permits for tenant remodelings, at 3200, 3220, 3240, 3260 and 3280 County Road 10 unless and until we have proof that the final plat for Brooklyn Crossings 2nd Addition has been properly filed with Hennepin -County. If you have any questions regarding the above, please see me. RAW:mll cc: Peter Koole, City Assessor Bo Spurrier, City Engineer Gary Shallcross, Planner I 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561-5440 EMERGENCY - POLICE - FIRE 911 July 85 1986 Mr. Gary Holmes Brookdale office Park Partnership 680 Kasota Avenue 55414 Minneapolis, MN Dear Mr'.Hal g Commission of the City of Brooklyn Center Nos- 86025 and 860 smen9° 6 ebmt ed - Applicationroyal, at it eliminary plat app e City Hall Council ,imately 7:30 p.m. in th klex Date CENSER Y. O0K`Y tative must be present at this meeting. G 1�Y OF is ,en re request at least 96 mate is are available upon 561-5440 to 3` ;he Personnel Coordinator at rdi ng this matter, please contact me. February 10, 1999 St. Paul Fire and Marine Insurance CO 385 Washington Street St. Paul, MN 55102 TO WHOM IT MAY CONCERN: RE: Surety Bond ($30,000) Brooklyn Crossing Office Park 3200 through 3280 Country Road No 10 Brooklyn Center, MN 55429 This letter is to notify you in writing that the above -referenced bond was authorized for release by the Brooklyn Center City Council on February 8, 1999 (a copy of the minutes are enclosed). The bond and the original performance agreement for which it was the guarantee have been returned to the obligor for their disposition. Your company may, therefore, cancel this bond immediately. If you have any further questions regarding this matter, please contact me. Yours very truly, Ronald A. Warren Planning and Zoning Specialist RAW:rsc Enclosure Minutes Performance Bond INDIVIDUAL ACKNOWLEDGMENT State of Minnesota, JJ. County of Ramsey On this 26th day of September 1986, before me personally appeared Gary S. Holmes to me known to be the person_ described in and who executed the foregoing bond, and acknowledged that —he_ executed the same as _ his free act and deed. NOTARIAL. STAMP OR SEAL iOR OTHER TITLE. OR RANK) Subscribed and sworn to before me this day of 19 r _Mv cNmrnir_ior. �xp❑"_.,F`�• 1S'91 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL. JUSTIFICATION FOR PERSONAL SURETIES State of Minnesota, County of being duly sworn, on oath each for self says; that —he is a resident and freeholder of the State of Minnesota; that _he justifies on the foregoing bond in the sum below set opposite h_name; that ire is worth said sum above h—debts and liabilities and exclusive of h_property exempt from execution to - wit: Said in the sum of Dollars Said in the sum of Dollars Subscribed and sworn to before me this day of _— 19—. SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL. NOTARIAL. STAMP OR SEAL MR OTHER TITLE. OR RANK, ACKNOWLEDGMENT OF CORPORATE SURETY State of Minnesota fr On this 26th day of September 1986 County of Ramsey before me appeared Jack Cedarleaf II to me personally known, who, being by me duly sworn, did say that —he is the — Attorney -in -fact of St. Paul Fire and Marine Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors ;and that said Tack CPdar1Pnf TT acknowledged said instrument to be the free act and deed of said corporation, NOTARIAL S'I'ANil' OIt Sh:AI. rtlit O'I'll Fat'I'I'I'Li? OR RANK: '� I�IRtlTNeiLEtlRYIeI Subscribed and sworn to before me lthis NOTAM11leUC• 26t day of September 19 86 MMSEYOOIMfY My ComnL Eq. MK. to t11Q / L�Y/Q7LU71 i 11.NATUith: O NU'17\Itl' PUI4I,1(' Ult OTHEIR OFFICIAL F 0 d CCS U p, rn Q E-F i- 3 Q U O d U (U o �q C)w H c o a o m a> v +' o ° w -4--D y 5 'Uu' . ST. PAUL FIRE AND N.ARINE INSURANCE COMPANY ATIFICATE OF atObley. 385 Washington Street, St. Paul, Minnesota 55102 UTHORITY NO. For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-2189 and asK w, 0 0 6 6 6 9 the Power of Attorney Clerk, Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Patti Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: . Jack D. Cedarleaf, Jimmy G. Cedarleaf,'R. J. R. Dougherty, Jack Cedarleaf, II, E. individually, St. Paul, Minnesota Larsen, Lange, its true and lawful attor ney(s)-in- fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of flay, 1959, of which the following is a true excerpt: , Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." o �rirp�RtAtN lift h IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. STATE OF MINNESOTAI ss. County of Ramsey May 86 On this day of , 19 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. ST. PAUL FIRE AND MARINE INSURANCE COMPANY Vice President IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. MARY C. CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that (have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 26th September day of 19 86 Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 3-84 Printed in U.S.A f-" . a; Properly& Lia�dily Insurance STIPULATION (Penalty Increase or Decrease) ATTACHED TO AND FORMING EFFECTIVE DATE EFFECTIVE DATE OF AMOUNT OF NEW PENALTY PART OF BOND NO. OF BOND THIS STIPULATION RIDECREASE AMOUNT 400 HF 5698 9/26/86 3/13/89 $38,000.00 $30 000.00 ISSUED ON BEHALF OF ISSUED IN FAVOR OF Brookdale Office Part Partnership II I City of Brookl n Center, MN We, St. Paul Fire and Marine Insurance Company, Surety on the above Bond, hereby stipulate and agree that from and after the effective date of this Stipulation the penalty of said Bond shall be increased Check Otte by the amount stated above but the total liability of St. Paul Fire and Marine Insurance Company ® decreased under said Bond and this Stipulation shall not exceed the sum of .... -Thirty Thousand and no/100------------ ................ --------------------------------------------------------------------------------------- .................................................................................................................................................................................................................. dollars ($..30-,-Q00.•QQ,.--). St. Paul Fire and Marine Insurance Company ... . ......-�..... .... .............................. Jack Cedarleaf II Attorney -in -Fact REQUEST FOR STIPULATION (INCREASE) Brookdale Office Park Partnership II We..........•--•...................................•-------•---.................................•--......................................... Principal hereby request St. Paul Fire and Marine Insurance Company to execute the foregoing Stipulation. Brookdale Office p k Partnership II By.....:..................................................... CONSENT TO STIPULATION (DECREASE) We City of Brooklyn Center, MN ------------------------- , Obligee, hereby consent to the foregoing Stipulation decreasing the Bond amount. �, By .... C L.-64L 11076 Rev. 11.70 Printed in U.S.A. Mr. McCauley outlined some of the terms and conditions of the tentative agreement which include: 1) Wage rate increase is 3%, consistent with other employees; 2) Insurance rates are consistent with Local 49 and non -union employees, except Teamsters which is higher. 3) City will pay 50% of the cost of POST license fees for all employees requiring such license. 4) Additional $100 on -call status for detectives; base differential for detectives and school liaison will increase $25 per month in 2000; drug task force differential will increase $100. 5) Educational incentives are based on degree received vs. number of credits. 6) Court time —an employee who is required to appear in court during their off -duty time shall be given 12 hours notification of cancellation of the court appearance. If the notification is not given prior to 12 hours, the employee will receive the two (2) hour court time minimum. RESOLUTION NO. 99-28 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1999 AND 2000 The motion for the adoption of the foregoing resolution was duly seconded by member Nelson and passed unanimously. 8i. SITE PERFORMANCE GUARANTEE RELEASE - BROOKLYN CROSSING OFFICE PARK, 3200-3280 COUNTY ROAD 10 Councilmember Nelson inquired about the history of this project area and raised the issue of whether $15,000 is satisfactory to ensure that the work will be complete. Mr. McCauley responded that the original 1986 project had a $68,000 financial guarantee, which was reduced to $30,000 in 1989 following completion of the required site improvements. Since that time the developer has completed most of the site improvements related to the five building office park proposal and has just recently received approval to complete one of the. remaining three buildings and has posted a $15,000 financial guarantee to assure the completion of the site improvements around that particular building site. Planning and Zoning Specialist Warren is satisfied the $15,000 financial guarantee is sufficient to assure the completion of the site improvements. 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N (D -- V) =' = fn w () (D (D - -h Pt 0 -h O Ut 0 "S (n C+ 'S =:; (D ="a fL -5 J, fL = C-F N = (D fL -p (D DNoIA t0 Pt -h (a CL O (D (D a (D R3 fi Pt E3 (D (D = (D _ = 0 = c+ Vt (D c-F m 0 (--5 a (D -t J (D E3 O C+ (D =aP, J (D _• 0' CL (D (D ((DD :q O C fy = CL C+ 0- cD =- (D ..5 J. = n O Pi 0 0 - (n pi f)t C C+ n 0 (D N 0 a- C -h= (D 0- c-F (D o- CO (D c+ _ = CL (D O =1 C) m CF C+ -h E w C+ E 0' 0 C+ N 0- C) J. pt C+ C+ N C_j Q -n "O C:� E C-F 0- n J• (D (D (D P) C =- O W J• _ _' _- C --' _' C (D (D = _ -+• O (D rD -,• n) -0 O =' O O _ (D -0 0. (n = (D -+• c,+ CL (D c-i• C (D -S (D CL a (D < --f _ c< o � (D = B ' (D 0- 0 J. S CL zf -i =• n n. (D = O (L (D 0 C) (D (D N = 77 (D 0- N P) a N CL -5 (n C+ n =' = J. E c+ (n = n • fL J, - M = C+ .J C-F -'• c+ (D O C•F S J. O = O (< N J. O C -h O vn n =- 0 ' O (D (D (D O fD (D CD (D •-� (D = O (D O (D (.< O 7r CL 0- (-)-0 H (D C) (D = (D 5 0 c-F (< -s 0 (D 0- _ (D P) - (D O C+ - -h ' "'-' n -0 C+ -' _' O C O = c I L'7 C N Pt -+• (D -'• CL () f1 h (D X = a J• -h C+ Pt -�• -� O c< o (< -0 O C+ J• fD C+ -C7 O C+ Cf =- (D �? N Ct (D � 0 r _ (D 'a = (D 0 0 O (0 (D (< _ fn (D O C J. (D -� CL (D -h O (F (L fD (D J. (D -h W - 5 COC (D (< -5 C+ _ (n 0- J. J. c+ E (D = 0) J. = w O -+• (n O (D fL =' _ _0 (D w U) C+ n = (_- J. << -' = + E -'• n (D c -S = C -5 ig = (D c�F O n � = J• n C (n (D C+ V) .J(p -5 = J• = J. -5 7r ni C (/- C+ O J, -5 O (D fL C+ 0 a- _• n C+ _' _• n (D C+ () CN t1 (D _ 'S (_ (D -h -h = _ _ _- J. - (D = -5 J. 0) O 0- C-+ 0 _ C+ - -0 C+ c+ 0 to 5 (D C (0 C'F (F n CL (D Pi (D (� H c'+ (D = ---� v) (D ="' O C) _- (D � c< O (D = (v -' N -� 77 = -I fn =- -0 -+ CF (D V) -+. C+ (D n C) pi • (D C+ J •J C 0 (D c' u) � C+ u (D O O C (D C -t (n CL � CF C+ C << J. =5 Pt t - D-: (D n P) << M CF 'S -'• O 0- (D Pt N (D -h Pt h = _ CD n c F ct C O = fat -5 N ^( CD -�• fp - 0 "5 -+• (D CL -{ J' �+ J' O fL 0 u T = (n � C 77 c+ (D C (D 0- = O Pt (n C) -5 fv C) � \ C =- c+ . _ 'S i -5 =- ^5 CL Pt -S 0 (D C = J• =1 = O = (D to Q) C+ O (D CL << � = C+ < C+ Ct N C+ -S C+ V) (G O ((DD (D = (D n c-F77 (A0 (D a c+ (D c+ C) =- (D << (D C -5 c+ CL C-+ -h (D -5 CL C+ -5 J• c-F (D =- O f]1 CL (0 = (D _ J. (p J• N = (D � (D C+ -5 c'F a fy 'S fD O N W J• SL E 0 -h = CL (D = fit = C+ C.t. O CF (D 0) c< CF 0 C+ Pt C-•) _ (D -h -1 _- (D (< J. a' (< J• (n c+ (D 0- C+ W 0) (n-1 J, 7r c-F O (D CD -D a C J• u 0) C 1. c+ J• (D 0- -+• (D (0 C+ C -0 H El � p (D n 0 C-. S O n N ;aP)-s= --s= s�+-5 =-hm(D=1(D= tvm(D=w -D -bNoaP,, O J (D J. _' Pt C+ (D E E E 0 C) (D O-5 N CL (D -h C+ 0 Pt (D 01 � (a (< 0 (St "S c-F lD O W M = c+ (D = _ -+• -5 0 -+ CF -h O -0 O (D 0 -+ _ J. Pt -h N (D Z C7 C n-. N (0 C+ W C+ J. C+ s 61 =' O < C -5 lD "o 0 _ V C-F � � � (< (D C+ C") (D =- C+ _• Ct = -s (D fat M c-F (D -0 0 (D ;T7 (n M -+• (D (D C-F (D - 0" 0 -5 -0) (D 0-0 (D 0 E 4n N " () & El O i -v M (-F (D (D c-F < _ (D (D (< _ E =_ < C+ -S o -5 C-+ o w L/) W-s N 0 - _ (< _ -Ti (D = N CF =' (D c+ 0 (D -5 w -5 (D 'S = C< _ -h (D c+ J• 5 -' C J• c+ c+ J. 0) 0 (D = (D 0- -11 a c+ c F O -5 (D 0- 0- O c-F "'5 E = CD CL -5 = _• _' 0 CL C+ -0 -, () --, J. = C+ • -t) (n \ O ..O (< C+ 0 _' --h P) sit Pt -� (D (D (a (D (D =' c+ m C (D -,• (D = (D O 0) 0 C J. (D 0 -� (< (L = (D CL Ej c+ (D =' O c+ J. ci t0 - h 5 i 7c 0 (0 P) QJ c< C+ C••) -•h ct X (D = _- -5 C+ N (D C) CL C+ (n (D (D (D (< _ _• . �• Sv =' -0 CL Pt (D O CL CL ? C+ (0 V) (D c-F 0 Pt = � -� N 0 (D c+ 0 (D (D (D u f+ C+ ''' < (D J C (DD (D(D O n fD (O c+ f1 C+ - i , Cn (n C+ C-+ C+ C = ". (D ®' (D H CL = At W O El _ -' C (D C+ M 0 c+ =- _ 0 -h O C (D -+• _" � 0 (D 0 c-F n -O O 'S (G 0 0 = i =-C C+ _- O -+• -5 0 -h "5 to m fD = Pt =' C+ P) (0 (D J -0 O C+ (D Pt J• (D -5 (A7r -s (D P) n C -J. (D < = C+ C C (D (n _ 'S O (D c+ + Pt c-F -n i -'• V) = C-+= (D _ -S (a fD 'S C+ O -n 0) (c = C-) -h a fy C+ _- < (n (D -,. J. O (-F (D =r CL (D _ c-F J. = --0 0 N =- (D CL c-F = -5 (< f1 m � m' 00 0 E3(r) 0 -I J• = C+ -�• C+ -s = (D CL (< y 7r m h -h = 0 f1 (D V) c< . (D = -0 W (�D{ C) _ N N (D N < = fi (D (D (D = (D (< (D -0 (D (< ) O � C) C+ ct (D -0 C ,(D W c+ flt = O CL n C) -$ N f]1 -S C $ -�• N -�• O S (D -5 = _ 0, N to = (D "5 O C7 c+ J• J• (facet fD = _ (n (D -S --h 0• = c+ \ Pt (D .� C) rD C+ _ _- -.0 Pt fn 0 -� -0 W CL =• J•'a 0 (D (D -+ C -' W = O -S CL O CL O' O J• (D C) -5 -pt (< Cu- 0, � � N O V1 O (C+ J < C.+ J. J. .J J• �1 Q• V) •J -h (D M J. 7r J. V O -' -' (D = !L) _ -S `h -' fv J. _ C (D (D C c i (D O n Pt c-F (D C (D =' -b =fi) (D 0 01 0) = C< c-F CL -5 = C+ � CL !v < 0- _0 < J• fy Pt C+ 0 (< C-) 'S =- CL w C-F 0- O O 0 0• -% O = -•5 < _• (D -1 -1) (D - (D a CL at CL O (D � -5 C+ CF fD C+ 0 O Q _ (D Pt (D c-+ (D (D (D (D J••0 = fv 0- (D 3 t (D O E = C+ ru 0 C+ < = O CL -5 ou _ --� CF c-F c+ (< (D W (D o 0 -.5 Pi Pi =- (D c+ -h c+ N (D (n (D O = a m (D (n m - (D O 0 =• C -0-0 J. _ (D ((D-F 77r -0 CL 0 CD c-I•. 7�- V)(D = o rD 5 v- (D -s o (D CL -s J• J• c-F (D -1 o - 5 (D >✓ Ct � a a C+ (D(A00-- (D== _- =0=5 W< n=-0 (D -0 (D CF J. J• C C I (0 c-F N 0 (D 0- (D S (D 1 -S 'S 0 J• J•(< C+ -h -5 = _• (n (D -, J 7r O I -+' = o (AN (D (D (D O (D (D. CL o C+ CL = 5 (D CC! ^5 C (D O O "0 _ < -h (D 0- (0 (D "5 (D J• -5 CF J. -s =r =rO N (D (D CD CL fy J. Q J• (Sl (D J-h= 0• CD E = c-F (D -• = J. (D (n = _• Pt V) rD (0 O (D J, C1 V =(< CIF 0--C n (n (D (D c-+• w ' S & E J. _ -5 O O C+ _ -�• C- (D � (D _ _ O�(C:r<O U) 0 fat = C+ 0 CL •0 (< CL (D fD (D (D O C-•) _' (D J. c-F Ct J. (D 0-0 (D (0 (< t_ -�• _ "S fL ' 3 = CL (".0 C-F (D O a (D ((DD = O a fL CL (D = 7C (D = J. X = J. c-F Z)i (D -O (D = (D (n (D n (0 f1 = CF (n = 1y N J. C+ (< < (D O = _' At fn = (D (D (D J. i X -+ c+ (D c) C-F (it 0- _- J• J. (D C7 C (D = c-F = -J C+ -1 (< fn (D (D En J• c+ E (D n O 0 (D c+ C N S _ � = V O-5 �.� (D C J• c+ -J (D C-) (D 0 (D C+ Pt C iv (< - h (< C+ 0- _ J• J. CL-0 _ (0 CC+ 0 S O 0- (D CL --hC C) (D C C+ O 0- 'S CIF J J. (D O (D _ (0 c-F-S J c+ pi C+ J•w(< rD O- �•'G O 3 (D CD 0) (D �. S CF -5 (D (D O W = J (D -t = m m ;a m 3 m 0 m (N -71 C) m b n