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Home My WebLink AboutPC75027 - 1700 67th AvePLANNING COMMISSION FILE CHECKLIST File Purge Date: c FILE INFORMATION Planning Commission Application Number: PROPERTY INFORMATION Zoning: T 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: 1z FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission -Z� Its-�167City Vault Minutes: City Council City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER Planning Commission Application 75027 Applicat1oq No. Street Location of Property 67th and James Avenue North (see attached survey) Legal Description of Property Tract C, Register-' Land Survey No. 1382 (see attached survey) Owner Hiawatha Development Co. Address 1712 N.E. Marshall, Mpis.,Mn. 55413 Telephone No, 789-2438 Applicant Benson-Orth Associates, [rNddress 5851 Duluth Street, Mpls.,Mn. 55422 Telephone i;o. 545-8826 Type of Request: Rezoning . Variance Special Use x P ermit Subdivision Approval ,X Site & Bldg. Plans Other Description and Reason for Request: _We are submitting plans for the relocation of the Hiawatha Rubber Co. under their expansion plan. Fee 25.00 42277 Receipt No. 1 . / i5ate PLANNING COIVIIAISSION RECOMMENDATION Dates of P.C. Consideration: Approved J Denied this day or A�/�/ 19 1-46, subject to the following conditions: Chairman ---------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: Approved � . ..... Denied this / !P day of el:ec4- 19 with tine following amendment: Clerk REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the ;iairtenance Period, if any of the.wor, is. deemed incomplete, -the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and ill overhead expenses incurred by the City in connection therer.,ri th, i nc l Udi ng but not limited to encineering, legal, planning and litigation expenses, but the enumeration of the remedies here- under shalt be in addition to any other remedies available to the Gity. 1) Com lotion by the City. The City, after notice, may proceed to have the Work rycne either by contract, by day labor, or, by regular City tr forces, and nei tfrer the Developer nor the Co•rperate Surety may question the rrianne`r of doing such wort: or the letting of any such contracts for the doing of any suc�i contracts for the doing of such work. Upon completion of such 'lurk the Surety and/oir the Deve l oper shal 1 prompt-ly pay the City the full cost thei eo f as afore said. In the ev'en'ttnat the Fi na ci a i Ctj::ra.iite^ ? s in the form o'f a Performance 5ond, it shall be no defense by Surety that -tile City has not -1 i rs t aae der,:and uposi the Developer, nor pursued its rights against the Developer. 2) Specific Performanc` . The City may in writing direct the Surety or the Developer to cause the Wort: to be undertaken and completed within a specified reasonable time. . If the Surety`and/or i.;re Daveloper fails, -the 14orrk to be done and completed- i n a ;zra- and time acceptable. to the City, the* City Bray. proceed in an action for Specific Performance to require such wort;; to be � undertaken . 3) Deposit of Finar_i�al Guarantee. in the event that the. Financial Guarantee has been submitted in the ferm of a Performance Bond, t.-ire- City may demand tha-t the Surety deposit with the City a' sum equa i t6 the estimated cost of cor�ipl eti rig .the work, phis the City's estimated overhead expenses as defined herein, in- cluding any other costs and damages for i{r ich 'the S�_irety may be 1 i�i�ie hereunder, but -not exceeding.the amount set forth on the face of -the Performance Bond, which money shal 1 oe deemed to be held by the City for the purpose of reimbursing the City -for -any costs incurred in compl.e.ting the 'Mork as hereinbefore specified, and the ba-lance shall -be'- be returned to the Surety: This money shall be deposited with the 'City vaithin 1C days after written demand therefor, and if the Surety fails to make the required deposit within 10 days, the'City shall have -the right to proceed agai-nst the Surety with whatever legal action is required to obtain t[ie t (')f SU-C�3 tilt€n 4) Fuiids on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial. Guarantee im- mediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee -in its General Account. The City may then pro- ceed to, complete the Work; reimburse itself for the cost of completion as de- fined hereunder, and return the balance to the Developer. PRUMIRFS A copy of this Performance Agreement shall be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement shall be made in any such bond, but no corporate surety shall assert as a defense to performance hereunder; any lack of reference in the bond to this Performance Agreement. The original and' two copies of this Agreement, properly executed, . together with the appropriate Financial Guarantee shall be submitted to the City. IiJ WITNESS WHEREOF, the Dnv loper and the City have executed this Agreement this day o f y- =19 Wi tness� 4J t vness Subscribed and sworn to before we this - /57,day of 19 Z/. ,t Zoning~ ficial P/I Form No. 23 Rev. 6--77 DEPAk T iviENT OF PLANN i NG AND i NSPEC.-i 10i-i CITY Y OF DR,:.JOKL YN CENTER PERFORMANCE AGREEMENT File No. 702:7 This Agreement is entered into by Hiawatha Rubber "ampany — — hereinafter Called the Developer and the City of .Dr, ook.1yr Ce.lire.r, a Municipal . Co rpo rati on.,..under .tbe laws. of tS e State of IMInnesota, hereafter called the C`i THE WORIK The Developer has received approval r, f -its -Plans by the City Council of the City. (pursuarl; to City Subjedl to t"ii"' execi 4ion of this Performance. Agreement,- uull . co ne ,otidlc:i �Ap;:oat �, and in accordance with said Dt veIoproent P lans :al i ..of +:;hi.ch use ma de a spart h.erelo1 by re-fe—rence. in consideration -of such approval, the l Deleloper,_ its sutcessors and assigns, -,s- aci oecovenant d agree to perform the work as set. forth in the Devell�pRicnt Plans , •in file afoPSa iP ry,ppro'✓a-1 , an as hereinafter sect forth, upon the real estate described as follows: I ron i' `=`v`��o`� i rt�� The Work shall consist of the improvements described in the Development Flans, in tl;e aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance >,;i th al , appl i cab i e Statutes, Codes and -Ord i nances of -the Ci ty. COMPLETION DATE The sonde, si D' �.d- Developer uorees that re .-said Diorl: sxial l be completed in its emit"ety on or before the ~nth day of ' s 1 y , and no extension of time shall be valid un- less .the seme shall be apprcved i.n writ•ing.by the. City Manager. Said extension off. time .sha1.1 be valid whet per approved by the City-Milanager before or -after the .; ornpl_etion date and failure of -the City to extend the - tire for completion or to exercise other remedies hereunder shall. in no vray work a forfeiture of tie .Ci 's riryhts hereunder, nor shall any extension oL tImie act�_ia.l ly yt anted by tite City T%tariage5" ;�r�ri;_ an-/ fors"ei ture_ o9� the- Ci ty' s rights hereunder. i'. shall be the duty of t;:e 'Developer to notify the City o.f completion of the Mork at least. 10 days prior to the Completion Date and to call for final, inspection by employees of the City - MAIN TILE NANC"i-E The Pei"7 0;"it anf:c" r'1Cjt E?eli;l ;lt, in its enti re tv, S ia.:.l rema i. 1 n fu i l f or" e and effec t - -For a . period : o:,e rar after actual Completion of the Work to determine that the useful life of all Mork performed hereunder meets, the average standard for, the particular industry, professlon, or .mate�•iai used in tine perfoririancC% of Lne iA,ork. An'y'.t:rOr : not Gieetin.g .such Staridard. sha-) i not be deemed compl et2 hereunder. Notice oz . tli_e_ date of P.ctua 1. Comp.1 eti on steal l be gi ve-n_ to +he - Developer by the .Di;"ector of l=lannin,g and Ins�ectibn bf the City.. FINANCIAL GUARANTEE - The Developer agrees t.0 furnish the City with a Fi nanci-ci] Guarantee in the form of a Cass; escrow, a bond issued by :an approved corporat surety l i-eensed to- do lbusiness in the -State of -k'!iniiesota a;i-! ;; Ct 'oo b --the .C%<r�lot3Cr a5 erir,Ci �1 Cher -Financial -Guarantee as a�pi"oved . p 0r0 q T , icy the Ct ty l Manager of the City, in the amount of _ Such Financial Guarantee. sha.11 ,con t4nue iri ful-1 force an-. effe+:t anti i the City- Counci 1 shall have by motion ci pT'G4'eCi and accepted al 1 ` f the fork uvidertaki n to' be done, and shal l thereby have released the Surety a.nd/or Developer from any further liab�ll ity; provided however, that the City Council may by motion reduce, the anic�unt- u) the Financial +=s)arantee up{�:� partial completion eti on of .tilt v°oink, a certi Pied by tiie Ci ty i, anager. Stich Fi nanci al Guarantee shall - be condi t -o-ned u•porr- the fig l l and f a i th1:u1 per f c+rwance C,f a. 1 1 eiemer:ts +:)f thiS Agi:''oemi e n t, and upon complfiance with a i aw^pl i tv. . l 1 xl 4e_. , C deS, and Ordinances �„ y � 1 � -Further b, s ei^ i fle btu � .d `+ rJ f.. E C ; t a�,u shall- It,E .s:�..J„r�C'i: �s'i ,� ps'ovi s' ohs ;del : ch shall be deecied to be i nCorpCrated . i n such Financial Guarantee and made a part thereof. Thc., City shall be require- to gi:vL prior notice to the corporate surety and the DLveloper of any default hereunder ?;efor-e proceeding to enforce such i i naiicia I Guarantee or before the City ix>jdet"t�}'.eS Finn' 1NQrk f0Y' ;':;C1-, 4 e Cii,J will bE ieiil' uured through the Financial Guarantee. 14 i i"i i n I ;. days after` such no z i ce 'Co; t, the surety shall notify the City in ;,,r i ti ng of its in- tention „0 tention to enforce atiy rigi^It� it m-icht have under th-Is Performance Agreemeni; or any PerFormanci: Band by stating in writing iiiann`r in which they elefault will be cured and the time within ,hi ch such default wi l i r,,., cared, said time not to excoed 60 days unless approved by tha, City. (over please) �XX its! ivil!Rfov�l, A V Pin;, Application Mw Applicaat: Location: Reqnsyt! MOM; Cw an'," iftirt1h Amilding Plan AppravO TO OPISMIS ;Topvv.s a CVW�Qsn industrial building al-, tha Wnsteriv rHIM OF 1ho ARK mad ¢ dames Sanwa C"Ww-gac. Us WrSt WITIg would Q N&V sq. F�. in nrqa. Up"May; W 1MAY Y" tin! n� �nn of zhe voich have boon YMAY w �v ;qplicant: landscaping nrapnd parinnter areas "k No kwild'! , 'Poling at tha north phans 4101 ponpar gradQ,,�, and dpolvapy WKY� OnAlasonp dhawlans; WNW lighting; IRA Provision 0"Insation, It is PAPONN �Mzvl 0'w Qk� in ON!! no ZVI nloWn 01370,00 VoWd W �Wn�Q V "N Minwiny ly scxie;avved so roo "3V c S, �o , 7 T H A VEMUG COAGHM,qAl 4, - �To �4 0 GP60-, A i�cTi n I ee, VAe-AAJ T R — i (C H u C� 0. H