HomeMy WebLinkAbout2007-12-07 City Administrator Memo & Project File DocumentsCity of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
12/7/07
MEMO
TO: Julie Hultman, Planning and Code Enf. Officer
FROM: Eric Johnson, City Administrator
RE: VSSA - Skilled Care Expansion
Attached herewith are three documents that I would like saved in the Planning File
related to the Skilled Care Expansion for VSSA.
1. Set of Summary Documents
2. Original DA - (this was recorded by the title company)
3. Original PILOT Agreement
4. Letters fro. FFE and First American Title - Commitments on Recording.
L. Development Agreement - Dec 5th, , zoos
Zd PILOT Agreement - Dec 5 2007
3 Authorizing Resolution
4 MINOR Subdivision (L )
5. Letters of Credit (Judy Hoist has or :. $1,315,000 & $107,250
6 of $5,000 escrow check
74 Letters of Commitment on Recording Order for Development
Agreement and PILOT
FFE First American Title.
Page 1 of 73
VSSA - Boutwells Landing
Skilled Care Facility .Addition
Documents
(the "Project"); and,
Page 3 of 73
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
2007 DEVELOPER'S AGREEMENT
MAIN CAMPUS ADDITION OF CARE CENTER FACILITY
Sec Attached Ilbibit A
Bout \veI1k :: La
M Camp.
Addition of to Cent" Facility
THIS AGREEMENT, made and entered into this T day of December, 2007, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota(the "City" ), and Valley Senior Services Alliance, a Minnesota Non-profit corporation,
VSSA Care Center LLC and VSSA Boutwells Landing, LLC, both Minnesota limited liability
Companies, (the "Developers"),
WITNFSSETH, That
WHEREAS, the Developers has made application t< the ':City Council for approval of an
amendment to the Planned Unit Development, Site Plan al plyal O' related to the original December
30, 1998 Developer's Agreement and its subsequent americlmW T.4ffecting land within the corporate
limits of the City described as follows:
WHEREAS, City Cou• oil l a.:::. 1]
-► �, � � ;� �� � � � - 2007, granted approval to the Project, on
the condition that the Developer s :cr inW this Agreement stipulating the conditions l:or the
instal.Iation of street, water, sewer and of i ;Oglic improvements as well as the development of on -site
improvements hereinafter cieg :bed, all i a accordance with the terms and conditions hereinafter set
forth; and
WHEREAS ..... :The :: prop try is zoned PUD District with an underlying zoning of R--13,
Residential Busines ::, 4it centers are a conditional use in the R -B District,
NOW, THEREi ..I , in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Private improvements to be installed at Developer's expense by
the Developers as hereinafter provided are hereinafter referred to as "Plan A Improvements ". Public
improvements to be installed by the Developers for the City and paid for by Developers are hereinafter
referred to as "Plan B Improvements",
Page 4 of 73
I . PLAN A IMPROVEMENTS: The Developers will construct at Developer's expense
the following improvements under Plan A. according to the following terns and
conditions :
A. The Developers shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved grading,
drainage and site plan, A grading plan with maximum two (2) foot contours,
pad elevations, drainage provisions, erosion control provisions and cross
sections, as necessary, shall be submitted to and approved by the City prior to
commencement of any site grading. Any chaaag.s to the grading plan during
construction shall be submitted to the City for : approval. Each building site
must conform to the grading plan approved by to Building Inspector of the
City of oak. Park H eights prior to a building p jpg issued.
B. The Developers shall control soil erosion east }ing:
1. All development shall ccR z:0 'tb the natural limitations presented by
or6r6i§ the topography and in order to create the best
potential for preventing soil cros n. The Developers shall submit an
erosion control plan, 1:ota.ilirag:ll erosion control measures to be
implemented dut 'cor,tkn, said plan shall be approved by the
City prior to tit commer :ement of site grading or construction.
2, Erosion and sil .;:. itrol measures shall be coordinated with the
d iferen . stages of development. Appropriate control measures as
regluii d by. the City Engineer shall be installed prior to development
and . lan ebe n. essary to control erosion.
3. Land shat developed in increments of workable size; such that
::a lequatc osiof and siltation controls can be provided as construction
ssc The smallest practical area of land shall be exposed at any
tae' 'lewd of time.
Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The topsoil shall be restored to a
depth of at least four (4) inches and shall be of a. quality at least equal
to the soil quality prior to development.
5. The Developers shall not locate its equipment within the right-of-way
of58th Street North or Norwich Avenue North as acquired by
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Page 5of73
the City of Oak Park Heights adjacent- to this development without the
express written consent of the City Engineer,
C. The Developers shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the lot
markers.
D. The Developers shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or curb
stop damaged shall be repaired or replaced as ied by the City. The
Developers shall make all necessary adjustment to the curb stops to bring
then flush with the topsoil (after grading) or driveway surface.
E. The Developers shall be required to pz°o de lands aping and screening as
determined by the City and as requ ir, by - e ordinances of the City. Final
landscaping plans must be subinitt i ::10 the office of the City Planner for
approval .
F. The Developers shall be resp mmsiblc for ` greet maintenance, including curbs,
boulevards, sod and street swe p ng until 'the project is complete. All streets
shall be maintained fie o `� debu is iir soil until the project is completed.
Warning signs shall b wln hazards develop in streets to prevent the
public from traveling o :same ar4Oirecting attention to detours. The repair of
any damage done to theilv public utilities by Developers or any of its
Contractors or. ubcontractors, shall remain the financial responsibility of the
Developers.
3
G. The Develop' :. shall f`ui•isli site lighting in accordance with the City
Ordinance requirciin is pursuant to a plan which must receive the approval of
the City ' l.a n n e r.
l 1. raf 10 o nti oI on and off site. Developers, its agent's contractors and
e v oyees' hall follow all directives of the City Engineer relative to traffic
nnageient and access to the construtct.ion site and to and from the
c4tructiof staging area located north of the site along the north side of 58
sere W Developers shall install construction siguage, maintain traffic control
personnel and devices to minimize disruption to the public use of 58' Street
North and Norwich Avenue North, all as directed by the City Engineer.
Developers shall keep 58 Street North and Norwich Avenue North clean from
dirt and debris in proximity to its site and the construction staging area. If the
City public Works Director determines that street cleaning equipment
Page6of73
is required to do that Developers shall promptly supply sane and clean the
street at its expense.
1. The Developers shall be responsible for storm sewer cleaning and holding pond
dredging, as required, by the City prior to and following completion of the
project for a period of bo days.
Should the City Engineer require Developers to establish new storm water
drainage areas and holding ponds to serve this project Developers shall
establish same as directed.
J. The Developers shall be responsible for seculig all necessary approvals,
PUDs, CUPS and permits from all appropriate fed - al, state, regional and local
jurisdictions prior to the commencement o fk e l : ding or construction and
prior to the City awarding construction c t acts for public utilities
K. Drainage and utility easements. 10 f o :::Clrai age and utility easements shall be
maintained along all lot lines in tl�c.p t•
4
L. Wetland Protection, All area lassified is wetlands shall be protected during
construction. Developers shall s trictly a. here to and follow directives of the
City Engineer relativ ;; l cc t 6bn activities and practices to be
implemented on site.
M. `Tree Protection and ReI top.;. :: :i The Developers shall follow the directives of
the City Arbonst or a person under her designation providing on -site
supervisions . 90 dire &tion during the clearing and tree relocation process. Prior
to the clea r , o 'crati:,.c being initiated all clearing limits and trees to be
protected shall= :.elegy narked. Tree protection fencing shall be installed and
maintained duri le course of construction until the arborist directs
other\ . A11 fex Bing shall be installed at least 20 feet distant from the trunks
of shade foes (deciduous) and around coniferous trees no closet than the
i•i.l� r ilPfencii g tray not be used as a substitute for tree protection
king shall be orange in color with steel posts at 6-8 foot intervals.
City Arborist shall be contacted by Developers for an. inspection after the
*'f ng is installed. 1f any are due, all tree replacement fees due the City
pursnt to the City Tree Protection ordinance following shall be paid within
10 days following the Arborists certification of amounts due.
Warranty of Title. By its execution hereof Developers hereby warrants and
represents that it has the exclusive and marketable fee title to the subject
property. Developers further warrant and represent that there are no liens or
encumbrances against the title or if there are liens and encumbrances that those
Page7of73
P Fire Hydrants. All fire hydrants throughout the development shall incorporate
an AFC- Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one -
piece design, compatible with a five inch Storz hose coupling. The nozzle shall
be an integral part of the lire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
lienholders will subordinate their interests to this Developer's Agreement.
Developer's representative executing this Developer's Agreement also
represents that he /she is fully authorized to execute this agreement as the fee
owner of the subject lands.
Utility Locations in City Right of Way. In orderly maintain compliance with
regulations promulgated from the Minnco tiCofce of Pipel.ir e Safety the
Developers, its contractors, subc;ontractc :sti.:.and agent , shall comply with the
following requirements:
1. All right of way work sha11 ill,0:an application with a plan that
shall be submitted for #Yrcvr proa to any work performed in
the right of way areas:::
2. The layout of utilit:ics ' m.cluding epths, off-sets and materials shall
be documented .A W i g damokiion and confirmed with city staff:
during the irlst#1 ation pippess.
3. Single family M are required to submit an accurate tie
card showing tfiegalitiOinstaIled and measurements from fixed
objcctOorner of h use, fire hydrants, etc.) to the curb stop,
locaVi piIR, clean outs and tie in points for all utilities.
4. N4u t Mfar y and:: :commercial lots must provide, in addition to the
abov , ofes. tonal as built drawings confirmed by field survey,
showing illOquired information. In addition Engineering grade
coozdinates in the Washington County coordinate system
s`Il::b:s:palied by the builder. These will allow the coordinates to
k e
efeefronically incorporated in to future city mapping.
.5, A Installations will require pins be installed directly above all utility
lines where they cross lot lines, A corrosion protected trace wire
shall be installed six itches below final grade directly above all new
utility installations at a minim.um through the right of way. The
trace wire and tail shall be terminated in a capped vertical conduit
that is within two inches of the final grade and pin located at the lot
li re.
6. The Developers shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
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Page 8 of 73
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors In Information
provided by Developers its agents or contractors or remediati.ng
problems resulting therefrom in the right of way,
7, Upon failure to provide full documentation as required the City
shall notify the Developers who shall have 30 days to secure fill
compliance. Failure of the Developers to comply will result in the
work being assigned by the City to an outside professional for
completion of the necessary work, Any costs incurred in resolving
these requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the timegiMita0als required to review,
confirm and accept the installa and shall invoice
Developers for the costs bas on t) actual work involved or on a
fee schedule adopted by the ::uncil.
R. Construction Staging .Tea, ve14rs may establish on its lands
north of 58 Street NWT' th and c'fikpctly across from its driveway
access into its north p1kking lot:: long 58 ° '' Street North, a
construction sta i g ar d*: i g area dedicated to construction
equipment ancconstruoton workers vehicle parking. The surface
shall be paved :with bitun nous surfacing as approved by the City
Engineer and di' :: atures shall be installed as specified by the
City E : ineer. Upon . ssuance of the certifi.eate of occupancy for the
Ca.re..: nt ::.facility the staging area shall be restored to its current
coil Lion unnlcss:::l;he City Council directs otherwise to coordinate
with th ::futur ..construction of a pedestrian tunnel under 58` } ' Street
North, w f : ew access structure and new parlong facilities.
.ccurity .:o.r the performance of this item shall be provided as part
o = h A securities.
P i ent in Lieu of Taxes Agreement (PILOT). There is appended
to this Developer's Agreement as Exhibit B a Payment in Lieu of
Taxes agreement which replaces the original PILOT Agreement
executed in t998. The PILOT agreement shall be executed by
Developers concurrent with this Developer's Agreement.
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Page 9of73
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1, Landscaping
2, Street signs
3. Curb otter and sidewalks
4. Grading & Erosion Control
5. Retaining walls
6. Site Utilities (Strom, Sanitary and Water)
7. Parking Lot Paving (main campus)
6. Parking Lot: Paving (Temp Lot on 5 S (h)
7. Pond Protection & Restoration
Utility Protection & Repair
9. Street Protection & Repair
10. City Inspection
"PC TA.L ESTIMATED CON STRU I :QN ST
OF PLAN A IMPROVEMENTS.::,::::::,.:..
ESTIMATED ENGI.NEER1N ....E A AND
ADMINISTRATIVE (5 %)
TOTAL ESTIMATED ;NT`IUCTI ON CO ST
OF PLAN A IMPROVEMENTS:
SECURITY I C I WENT (25 %)
7
A ESC O W
3. CO CT.1ON OF PLAN A IMPROVEMENTS.
A.
$82,300.00
$7,500.00
57,800.00
91,000.00
$ $56,000.00 22,000.00
$ 120,200.00
$64,600.00
$2,500.00
$2,500.00
$2,000.00
3;64,600.00
$841,600.00
$210,400,00
$ 1,052,000.00
$263,300.00
$1,315,000.00
Conliuction, The construction, installation, materials and equipment shall be
in accordance with the plans and specifications approved by the City.
13. imgction. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
Page 10 of 73
C. Easements. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A and Plan B
Improvements as reasonably determined by the City. All such easements
required by the City shalt be in writing, and in recordable form, containing such
terms and conditions as the City shall determine. If within the platted area, all
such easements shall be dedicated to the City and specifically described within
the Plat. As it affects all easements located outside the platted area., the same
shall be dedicated by separate easement conveyed to the City of Oak Park
Heights prior to the execution of the Development .Agreement.
D. Faithful Performance of Construction Contracts. The Developers will fully and
faithfully comply with all terms and conditions of ?y and all contracts entered
into by the Developers for the installatiof la d: nstruc:tion of all Ilan A
Improvements and hereby guarantees th:::ork.manast:ip and materials for a
period of one year following the .ty's acceptance of the Plan A
improvements. ments. Concnnently with ::1 e: • 'execution of this Agreement,
Developers or its general contractQ sh h.iovide security to the City of Oak
Park Heights in a form to be ; ppi'ova : th6:::City Attorney, guaranteeing the
performance by Developers ott the constr tion of the Plan A Improvements in
a timely and proper manner, Mdition ** , Developers guarantees and agrees
that, should the City of g e Park ehdtets need to apply on such security, that
Developers shall pay atreasonal at:tomey's fees and administrative expenses
associated with said actin.
E. Security. No :: vo -k shall be commenced under this Agreement until the
Developers shall. lve filed with the City a cash deposit, certified check or
Letter of GiOit (0 * a lbws to be approved by the City Attorney) in the amount
equal to the tt1., est :Iced cost of the Ilan A improvements plus a security
rccluiI of the total amount of $1,315,000.00. 1 he City shall have
the re it Ap apply against the Letter of Credit all bills inclined by the City with
reki0.4. Olio. P1 A improvements in the event of Del cult as provided herein.
4. PLAN B i .. PRO E ENTS. The following public improvements will be installed
by bb::::D:relopers at the Developer's expense according to the following terms and
conditions ::.:.
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
A. Storm Sewer Improvements $13,210.00
B. Street Improvements $49,430.00
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Page 11 of 73
C. Citylnspection $6,000.00
TOTAL .S AL ES IMA A ED CONSTRUCTION RUCTION COST
OF PLAN 13 IMPROVEMENTS: $68,640.00
ESTIlv1ATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %):
SECURITY EQUI- REMENT(25 %)
TOTAL PLAN B ESCROW
2, The Developers shall deposit with.:. he of Oak Park Heights, the total
estimated cost of the Plan B i . pi = ove n Snt plus a 25% security requirement
related thereto for a total of'�,200
A. Construction. All ork f&beperforined by the Developers shall be
under the sups ision /i.ns ction of the City Engineer,
f3 . Escrow. No wore a :1 commenced under this Agreement until the
Developers shall have filed with the City a cash deposit, certified check
or Later o.:: redit (in a form to be approved by the City Attorney) its
the4ndif eqoal to the total estimated cost of the Plan 13
imp fents. is a security requirement as required above. The City
shall have' ttt right to apply against the Latter of Credit all bills incuned
the City: with regard to the Plan B improvements, however, the City
shall ::.,..p oxide the Developers the opportunity to pay for said
ii provcments as bills are incurred, in cash, rather than applying
ibents as against the Letter of Credit provided to the City, if a
Letter of Credit is used in lieu of a cash escrow by the Developers. In
such case, the Developers shall have 10 business days from the time of
submission of the bill by the City to the Developers to pay to the City
such amount in cash so that the City can use the payment to pay the
amount due in lieu of drawing down on the Letter of Credit or other
escrow on file with the City of Oak Park Heights.
9
$17,16(100
S21,450.00
$107,250.00
C. Plats ad W peeications. The City shall be provided with a copy of the
plans and specifications as prepared by the Developers for the Plan 13
Page 12 of 73
improvements. No plans or specifications shall be released by
Developers for bid or contracting unless approved by the City engineer
D Ownershi of Plan. 33 1n uroven1e1 ts. All such improvements as
constructed shall become the property of the City of Oak Park Heights.
E. Contracts. All such construction contracts to construct the Plan B
improvements shall provide for a guarantee of the workmanship and
materials for a period of one year following the completion of
construction of the Plan B improvements., All such contracts shall also
conform to the ordinances and speci ations of the City in the
construction of all Plan B improvements.
F. Ch ar gc Oi_ders. No change o rdci ::i creasing t . co ntract expense shall
be authorized by the Develop s Ahout first notifying City of the
change and obtaining the Cit,: in writing.
G. Estimates, The abov :. esti i t s att engineering projections only.
Developers shall be r pponsible r all actual expenses incurred in the
securing and installing of all PIA 13 improvements. The method of
calculation of sq h € sts *' 1l: 'as specified by the City Engineer.
S. CASH ESCROW AdtOUNT.. h.e Developers shall provide a cash escrow
account to the City o N :a :..: kk J heights in the amount of $5,000.00 to
reimburse the Qty of oak Pai=k heights for previous billed expenses relating to
this developzrt.
6. GENERAL:
A. ::l Jading 4ffect, The terms and provisions hereof shall be binding upon
pu to the benefit of the heirs, representatives, successors and
s.sinfrof parties hereto and shall be binding upon all future owners
orm or any part of the Project and shall be deemed covenants running
with the land. R.eferences herein to Developers, if there be more than
one, shall mean each and all of them. The Agreement, at the option of
the City, shall be placed on record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part of the
Project and all recording fees, if any, shall be paid by the Developers.
B. Final Permits and Approvals, The City has given final approval to the
Project upon execution and delivery of this Development Agreement,
and of all required documents and security, subject to compliance with
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Page 13 of 73
C. l ncpor-ation of Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements ibr fished and let
pursuant to this Agreement shall be and hereby are remade a part of this
Agreement by reference as fully as if set out herein in full. Specifically
the following Planning Reports and Engineering files and final
documentation approved by the City Planner and the City Engineer are
specifically incorporated by reference herein and included herein as if
originally made part of this agreement.
D. P..U.D. __Permit. The City f Qtly Park 1- eights shall file this
Development Agreement -. -: i . t of the County Recorder.
Providing that the Dev 10 6rs '::..3ottin default under the terms of the
Development Agreern it, the City .shall provide appropriate releases to
the financial aspects of the ire t `future.
E. Adn it and Mis ilaneous Expenses. As to any and all
adrmnistrativc legal or igi.neering costs which the Developers is
expected to pair ' ::::t1.::: i:ty of Oak Park. Heights, which costs may be
offset ogainst the secuvity which the Developers has filed and provided
to th City Oak Park Heights, the Developers shall be given the
opt :tui.. to :: review and comment on such costs prior to the
applii✓ t n b the City of Oak Park Heights to the bonding company
tar the inert of carne. Should the Developers dispute the
::.: asonableness of any of the City's charges, Developers shall have the
r;ight : :.to,'s.rbrnit any such dispute to arbitration at Developer's sole and
_cake' expense. Arbitration- shall be conducted by the American
,:Titration Association and shall be initiated and paid for by
Developers.
the Ordinances of the City and terms and provisions hereof, permits
may be issued by the City.
1. Report NAC Planner- Dated April 4, & l rll 17, 2007 and
September 2007
2. Report City Engineer, Bonesti Dated Sc tcrnber 27, 2007
:i
Page 14 of 73
F. Establishment of Construction Schedules. The City Engineer shall
have the right to approve all construction schedules for Plan A and
Plan 13 improvements and shall consult with Developers prior to
establishing same.
Zoning. The project site has been designated a zoning classification of
PUD by the City Council. All future use and development shall comply
with the applicable provisions of the relevant zoning ordinance of the
City of oak Park Heights relating thereto.
Handicapped Parking, Location of disal lity/ handicapped stalls shall
be made more efficient with regard to shying 'ing all of the areas of the
proposed facility, All handicapper pprkin :..stalls currently shown. as
located in the north parking 1 t ::c the campus will be re-
established as directed by Me Cit Building official following
reconstruction of that parkin*
1. Landsca . A hh
i n fans s : }ing plan shall be developed and
submitted for approva :o the Cit Planner and At borist by Developers.
In addition the follow modit .tions to the landscape plan shall be
implemented subj c� ��to ;.. ffn i ,1. fications by the City Planner:
1. The pI0ting Bets depicted within the landscape plan shall
implcmc f :a:::.1o: cst branching height to provide a uniform
ppearance and to allow clearance for pedestrians, all in a.
maoper to be designated and approved by the City Forester.
and Seeding are discussed in the planting notes but
n *fined in the illustration plans. The areas of sodding and
soling shall be identified in a final plan to be submitted and
proved by the City Forester.
Existing relocation and screening. Existing on--site electrical
generators will be relocated as part of this project. Developers shall
comply with directives from the City Planner and Engineer on
relocation practices, re- establishment of screening, and final screening
approval.
K. Litahting. Developers must submit a lighting plan to the City Council.
A photo - metric lighting plan shall be submitted and subject to review
and specific approval of City Staff and City Council. All lighting shall
be hooded and controlled so as not to direct light source to adjacent
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Page 15 of 73
lands and not to be visible from the public right-of-way or from
adjacent properties in compliance with Section 4-01.151.7 of the
Zoning Ordinance.
L. Sj a; e. A revisal signage plan shall be developed by the Developers
and submitted to the office of the City Planner for approval if new
signage is desired for the site. All signage shall be conformed to the
amended master signage plan so approved by the City Planner.
O. Indemnification. To the fullest extent permitted by law, the
Developers shall iiidern ify and hold ha mless the City of Oak Park
Heights, its agents and employees fl and against any and all
claims, damages, losses or expenses, *hiding but not limited to
reasonable attorney's fees, arisi mpmii f the issuance of this
Developer's Agreement by t1.1,0Qty of a* Park Heights and /or
arising out of the perfo.i mmanc:0 or non-performance of its
obligations hereunder by clop
P. Council Imposed Con. he:City council has imposed the
yr
following conditions :upon this ] as part of the PUD General
Plan approval of Apri4, 2oor7
1. The CI Engine or shall approve all driveway locations 0 om
58t St et.
::The City Engineer shall comment on the traffic study and
Jot tial impact of the expansion one 58 Street and
!grew Avenue.
' bur propane tanks shall be removed from the site plans
awl l not be installed unless approved by the City.
The landscape plan is subject to review and approval of the
City Arborist.
The site plan shall be revised to include plans for the
outdoor plan area subject to review and approval of City
staff.
6. The applicant shall provide additional_ plans for the grading
and installation of prairie grasses on the east side the
Autumn Hills Park, The plans shall be subject to review and
approval of the City Engineer and City Arborist.
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Page 16 of 73
7. The uading and drainage plans shall be subject to review
and approval of the City Engineer and Middle St. Croix
Watershed District.
8. The utility plans shall be subject to review and approval of
the City Engineer,
9. All newly installed freestanding light fixtures shall include a
conforming full cut off lens. A detailed lighting plan for the
building light fixtures shall be submitted for City staff
approval prior to installation. ;:;;;111 new light fixtures shall
comply with the requirements oie Zoning Ordinance.
10. All signage ista.iled :::: site stn comply with the
requirements of the min Ordinance, A plan, subject to
approval by City sti f, s1 � be submitted itted by the applicant
indicating approp ae dliational signage.
11. The City Co ncil is f ora.ble to the proposed building
architecture ailma_t:eri
12. The PT. nni g Qp.mmission recommends and City Council
appro•s a bu i1dag height variance to the mid point of the
highest ':2 feet.
13. As ;; part of the P U D approvals, the planning Commission
ro oii n rands and the City Council approves a conditional
c�
omit allowance for tower elements to not exceed 60
-::
height.
le City reserves the right to address the issue of 911 calls
and potential emergency vehicle siting on campus at a later
date.
15. A snow removal and storage plan shall be submitted by the
applicant.
16. The Police Chief and Fire Chief should comment on any
safety vehicle access issues of the access points, driveways,
or of the general site plan.
17. A development contract amendment sha 11 be executed
14
IN WITNESS WHEREOF, the City and Developers have caused this Agreement to be duly
executed on the date and year first above written.
In the presence of:
In the presence of:
In the presence of:
In the presence of:
Page 17 of 73
15
subject to review and approval of the City Attorney. The
issue of payment in lieu of taxes will be addressed as part of
the contract.
crry OF OA PA HEIGHTS
§y: Mark Meyer
lts Chief Financial Officer
VSSA, CARE CENTER, LLC
By: Mark Meyer
Its: Chief Financial Manager
LLEKSENIOR SERVICES ALLIANCE, A
:gylINNE$PTA NON-PROFIT CORPORATION
VSSA BOUTWELLS LANDING, LLC, A
STATE OF MINNESOTA )
On this 1 -) day of Tf t , 2007 befor4fie a Notary Public, within and for said
County personally appeared David Beaudct and Eric Johns*V *personally known, being each by
me duly sworn did say that they are respectively the ma,,,,,,aiiikAdministrator of the City of Oak
Park Heights, the municipal corporation named in the tiikg6ieipsiiiiitient; and that the seal affixed to
said instrument is the corporate seal of said corporatio4 and that id instrument was signed and sealed
on behalf of said municipal corporation by authorty of its City Council and said Mayor and
Administrator acknowledged said instrument to . frekagl deed of said municipal corporation.
COUNTY OF WASHINGTON)
STATE OF MINNESOTA
COUNTY OF WASsifN
On this 4 , 2007, before me a Notary Public, within and for said
Page 18 of 73
SS.
JENNIFER THOEN
NoTAR M. Y PuBLic MI NNESOTA :*
My Commission Expires Jarl. 31
" •
s• 9 •
•
• • • .
16
MINNESOTA LIMITED LIABILITY COMPANY
By: Mark Meyer
Its: Chief Financial Manager
Not. Publi
County personally appearea'Mark Meyer, to me personally known, being the Chief Financial Manager
of VSSA Care Center, L.L.C, a Minnesota Limited Liability Company, named in the foregoing
instrument; and that the seal affixed to said instrument is the corporate seal of said limited liability
company, and that said instrument was signed and sealed on behalf of said Limited Liability Company
by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said
instrument to be the free act and deed of said Limited Liability Company.
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON)
Li' wry, f . - 2007, befbre me a Notary Public within and for said
On this � day � �` � � � � � ,
County personally appeared Mark Meyer, to one personally known, bangs Chief Financial Officer of
Valley Senior Services Alliance, a Minnesota Non-- Profit Co in the foregoing
instrument; and that the seal affixed to said instrument is the .c rporte seal or said corporation, and
that said instrument was signed and sealed on behalf of s4. cortjation by Mark Meyer with the
authority of its Board of Governors acknowledging his executkf said instrument to be the free act
and deed of said Limited Liability Company.
JEA ALT
, '11blic M!nnesota
My Co11;:` jt.4:: 5 . \ 1,( .1a 31.2010
Page 19 of 73
Jan 31,20 0
4.-en INOVVV~Ant Li
17
Notary Public
otary Pubic
1 \U . _
^�✓ V ..+"
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this 144 day of , 2007, before me a Notary Public, within and for said
law&
County personally appeared Mar Meyer, to me personally known, being the Chief Financial Manager
of VSSA Boutwells Landing, LLC, a Minnesota Limited Liability Company, named in the foregoing
instrument; and that the seal affixed to said instrument is the corporate seal of said limited liability
company, and that said instrument was signed and sealed on behalf of saickLimited
Liability Company by Mark Meyer with the authority of its Board of Opvernors acknowledging his
execution of said instrument to be the free act and deed of said Limited Li ility Company.
V
. v
VALE:7 JEAN
fAc-fkilinnsoa
. t,%y Jan 31, 2010 :›
Page 20 of 73
18
Notary Public..
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vi.crling
l ackberg, Lammers, Briggs, Wolff
&
809 Nortlawestern Avenue
Stillwater, MN 55082
( 439 -2878
Page 21 of 73
19
Page 22 of 73
EXHIBIT "A"
SITE DESCRIPTION
(LEGAL)
TRACT A REGISTERED LAND SURVEY N0,125
20
Page 23 of 73
21
EXIIIBIT "B"
PILOT AGREEMENT
THIS AGREEMENT FOR PAYMENT FOR CITY SERVICES (this "Agreement") was made as
of the day of December, 2007 by and between The City of oak Park Heights, a municipal
corporation under the laws of the State of Minnesota (the "City ") and Valley Senior Services
Alliance, a Minnesota corporation, VSSA Care Center, LLC, a Minnesota Limited Liability
Company and VSSA Boutwells Landing, LLC, a Minnesota Limited Liability Company (the
"Developers ").
(0)
Page24of73
AGREEMENT FOR PAYMENT
FOR
CITY SERVICES
■ 7 JT ESMT H •
WHEREAS, the Developers has made application to the City: : •napproviit of a project (the
"Project ") within the corporate limits of the City; and
WHEREAS, a copy of a legal description of the Land j:4.:: as Exhibit A; and,
WHEREAS, the Developers has agreed to make ce ` ain pa.yrn nts to the City in lieu of real
property taxes affecting certain portions of the develr ppent 4 "Development ") that has been
proposed by the Developers for the Land that,:l ia'iOPated to have tax exempt status.
NOW, THERE 0RE, in consideration of t . premiss and of the mutual promises and
conditions hereinafter contained, it is hereby fo llovs:
1
IMPROF, N AT1ONS ETC.
C.
Section 1.01. Re presentatio lb y the Ci`r' 7e City makes the following representations as the
basis for its undertakings lei
(a) The City is a n nici c 1, :ieoipoi at:ion duly organized and existing under the laws of the
State of Min: rota : ::
(b) The execution, leery and performance of this Agreement by the City does not violate
any agreement, la\ - ule, regulation or any court order or judgment in any litigation to
which the City is a party or by which it is bound.
The City has been duly authorized to enter into th.i.s Agreement and to perform the terms
hereof
Section. I off., Representations by the Developers, The Developers makes the following
representations, warranties and covenants:
() The Developers is a corporation duly organized and existing non-profit corporation
under the laws of the State of Minnesota with tax exempt status,
(b) There is no litigation pending, or to the best of its knowledge threatened, against: the
Developers affecting its ability to develop and operate the Development or to carry out
the terms of this Agreement.
Page 25 of 73
ARTICLE I
FAX EXEMPTION
Section 2.01. Exempt Status. The Developers shall have the right, at...ny time, following or
during the construction of portions of the Care Center element of the 1velopnnent, to apply for
exemption for some or all of the Care Center element of the Developnmftt from real property
taxation in accordance with applicable Minnesota law, and the WiWe s to acquiesce in such
application, providing the Developers is not then in default 11 :-der .
application, 1 ...
ARTICLE in
PAYMENT FOR. CIrTY...SF RVICES
Section 3.01. City Services. The City hereby agree:: to provi4 the Developers with all of the
services that it rovides to property owners and the Ablic in g neral within thy.. City limits,
includin g without limitation police protection..: 'afire O :e ion services (referred to generally
as "Municipal Services ").
Section 3.02. Pa rr ent for M.unici al Services ,I calendar year in which no property taxes
are payable with respect to any portiO of the Development because of a granted exemption, the
Developers shall make as payment i.t ' lieu oftaxes to the City equal to the amount the City would
p
have received if that portion of th!ev.1opniet inclusive of real estate and improvements
thereto (p
the "Exempt Property ") wer e` of exempt from property taxation and the market value of
the Exempt Property was dcter'mined it '''abrdan.ec with the provisions hereof; The
l 1 y �..
Development and the City sty late and :: gree that such amount is fair compensation for the
Municipal Services.
Section 3.03. compgiatigg.offininent. The City Administrator /Clerl lTrcasurcr shall compute
the amount of the Aqj payment annually and advise the Developers of the amount due in
such ear and of the r :aer in which such amount was computed as early as practicable. The
Y
computation shall be conij ted by the City for the current year by March 15 and calculated in
1
accordance section 3.04 and invoiced no later than March 31. The payment shall be made in two
equal installments due on May 15 and October 15 of each year, or on such other dates as are
established from time to time by law for the payment of ad valorem property taxes in Minnesota.
111 the event payment is not made when due, the Developers shall also pay penalties and interest
computed as provided in Minnesota Statutes, as amended from time to time, for delinquent
property tax payments. The aggregate annual payment shall be the product of the market value of
the Exempt Property as of January 2 of the year next preceding the year for which the payment
amount is being computed and determined in accordance with the following Sections 104
through 3,07, the local tax rate for the City determined in accordance with the provisions of
Chapter 275, as amended, of Minnesota Statutes, and the class rate applicable to the Exempt
Property determined in accordance with the provisions of Minn. Stat. §273.13, as amended. The
computation of the tax due shall comply with the format to be established in the Memorandum
from the City of Oak Park Heights a copy of which is annexed hereto as Exhibit "B". The
payment shall be made to the City within 15 days of billing rendered by the City to Developers.
Section 3.04. Market Value. The Developers and the City acknowledge that the Washington
County Assessor determines the market value of tax exempt properties in accordance with the
provisions of Minn. Stat. §272.15, For purposes of this Agreement, the market value of the
Exempt Property as of January 2, 2009 shall be as determined by the Washington County
Assessor, In the event the Washington County Assessor has not dete t fined a new value for any
given year, the value for such year shall be the value determined 1 the Washington County
Assessor for the previous year plus average annual property aplecia.tion based on other
commercial /industrial property appreciation in the City of Oak Pftlefidghts, Thus, for example,
if the Washington County Assessor has determined the mark : � Wue of tie Exempt Property as
� � Exempt � ,. for a
o f .la�uary 2, 2009, and if the Exempt I roperty is exempt f`:o ta:tion for taxes able in 2009 payable
and average property appreciation for 2008 is 5% , the prief in lieu of taxes due in 2009
shall be computed with reference to the Assessoi::::J.anifif6, 2, 2009 valuation plus 5%
appreciation. pr�eciation. If the assessor has not updated the vak'e foie re'than one year, appreciation for
1 i . ,
each unadjusted year shall be added to the last vdbe set. If e County .Assessor continues to
value the property every sixth year, as is now the iactice_,. Th.e new value determined by the
County Assessor will be determinative notwiWOHdingliqdifn years of cumulative increases.
Section. 3,05, Appeal of Valuation. The mifiket value r the Exempt Property as determined by
the Washington County Assessor from tirrie0iii6 after the Exempt Property is granted
exemption may be appealed by eithcOthe Developers or the City as follows: within ninety (90)
days after receiving notice of the. rk0 value of the Exempt Property as determined by the
Y , z tint it objects Washington County Assessor, eiti p �ty :y send notice to the other ects to such
determination and stating its opinioin*to . t c true market value of the Fx.empt Property. I f the
Cit y and the Developers cannot within iffig9 (30) days after the date of said notice and after good
faith negotiations agree upon : e marl :- t value of the Exempt Property, then the Market value
g the
� �� ,..::� ., the City upon be established by Ap .i'ais �'� .a.:.:�foliows: If the Developers and ty agr 1
selection of an app4 t1: t 'enty (20) days after the expiration of the thirty (30) day
negotiation period,:ch appraiser , shall be appointed to appraise the f u l l and impartial appraisal
which shall ll be biralii%, the parties. if the Developers and the City have been unable to agree
upon the appointmcnt' '::a single appraiser within said twenty (20) days, then each party shall
within thirty (30) days foltwing the expiration of the time given for appointment of a single
appraiser designate an independent appraiser who holds the designation "MAI' and has his or her
principal place of business in Washington County, Minnesota. If the objecting party shall fail to
designate an appraiser and notify the other party of his /her identity within said thirty (30) days,
then the market value of the Exempt Property shall be as previously determined by the Assessor.
If the Gaon- objecting party shall fail to designate an appraiser and notify the other party of his/her
identify within said thirty (30) days, then the market value of the Exempt Property shall be the
amount set out in the notice of objections. If both parties timely n.awe an appraiser, then the two
appraisers so named shall designate a third similarly qualified appraiser within thirty (30) days of
the appointment of the last of the two appraisers named by the parties. I f the two appraisers fail
Page26of73
to name the third appraiser within said thirty (30) days, then either party shall request the chief
judge of the Washington County .District Court to name the third appraiser. The three appraisers
shall, within sixty (60) days of the appointment of the third, determine the market value of the
Exempt Property by consensus, or if no consensus can be reached, by agreement of any two of
the three. The determination of the appraisers shall be binding on the parties. if the parties agree
to a single appraiser, each party shall pay one -half of the appraiser's fees. If the parties cannot
agree upon a single appraiser, then each party shall pay the fee of the appraiser it selects and one -
half of the third appraiser's fees, For purposes hereof, the market value of the Exempt Property
shall, insofar as possible and consistent with the intention of the parties as expressed herein, be
based upon the statutory definitions and procedures used in the valuation of real property for
purposes of determining ad valorem real property taxes in Minnesqui, which may or may not
approximate the actual fair market value of the Exempt Property. Tillie event the market value
of the Exempt Property has not been determined by the appraiser(s) s h that the amount of the
l ....:... ......
payment due in my year cannot be calculated and timely payment mock with reference c thereto,
the Developers shall nevertheless be required to make paym: when . die but the amount of
such payments shall be calculated with reference to the A ssor s most recent determination of
market value. If following the completion of the apprais*.tI :aetual payment required to be
made by the Developers hereunder is less than the amo. o:1ore paid by the Developers, the
difference shall be refunded by the City to the DeveVii o I terest within thirty (30) days
If the actual payment required to be made by the f veloper s hereunder is more than the amount
her p aid, the difference ev
ce shall be paid by the elope :. to the City without interest within.
thirty (30) days.
Section 3,06, j gislative Changes, In the' vent the;: iolet.hods and procedures for determining
taxes are altered by the Minnesot g
�-tt Legislature such that the methods and
property �.:.... � L t � � � the
set forth in this Agr i are r o longer adequate to permit the parties to achieve
1
intent hereof as set forth in Section Secti4g.04the parties shall negotiate in good faith an amendment
to this Agreement directed at prod in a com parable result.
Section 3.07 , Alterations. In the event . thhc . t xempt Property is substantially altered, improved or
damaged such that the nmark v t1ue as gstablishcd pursuant to the provisions hereof is no longer
a r , e arket value of the Exempt Pro Property, parties shall
r•casar�t�bly accurate esti�t���c o't��.:�� l y� l
negotiate in good faitliWn eq144ble'iiajustment of such market value and reduce their agreement
thereto in writing.
Page 27 of 73
ARTICLE IV
EMS SERVIC ES AND 911 CALLS
Section 4.01. :Emergency Services via Bayport Fire Department, At such time when the
(defined
Development defined as the current Boutwells Landing Complex and the Proposed Skilled Care
1p
Facility located south of 58' Street)) exceeds 20.0 percent of all City emergency calls responded
to by the Bayport Fire Department (including fire, good intent, false alarm and EMS /rescue, etc),
the Developers shall make an annual payment to the City an amount equal to the cost impact the
Development has on the City's cost contribution to the Bayport Fire Department for services
over the 20.0 percent.
Section 4.02 Billing, The City will directly bill the Developers after the City determines the
annual use generated by the Development and its impact an the City Fair Share Formula or other
future contribution protocol. The City will determine annual use at the Development based on
information provided by the Bayport Fire Department `actual -run' data or other reliable source
data.
Section 4,03 Change ge of Fire /EMS _provider to ay, Should the City's relationship with the
Bayport Fire Department and/or is financial relationships substantially change, the City reserves
the right to amend this language as may be needed to compensate for new Fire and /or EMS
service vendor costs.
Section 4.04 Disclaimer. While it is anticipated that the City can pro le adequate emergency
responses to the Development, the City does not guaranty that it has a duate resources to
respond p p . .� : � to the
to all emergencies or provide same in perpetuity. The Cit �ftrt �...i dicates
� �
Developers that it should consider the implementation of necess ty "on-sire staff and other
emergency mitigation resources so that emergency FMS/Rescue cia11s could be handled
internally and directly with appropriate health care providers::: and.yotentially deleting the need of
the City responses.
Section 5.01. Governin r Law. The parties a ee that i s Agreement shall be governed and
construed in accordance with the laws of the Ste ::.o :, :Minne
Section 5.02. Time is ,of the Essen0. Tittle shall be of the essence of this Agreement.
nt.
Section Counterparts. Lion 5.03. Counter s. If this �. e�: s .een� is executed by any number of counterparts, each
.._...
which shall be an original, but all of wliniNhall constitute one in the same instrument.
Section 5.04, lnterpretat:i n 5ev - ht fty. If any one or more of the provisions, sentences,
y application
phrases or words of t����` �.gr ����1' ���� thereof shall be held or determined to be
invalid, illegal or a fifor'c able` 1 Wany respect, the validity, legality and enforceability of the
remaining phrases; ces, phrases or words of this Agreement and any other application
thereof shall in no wa r b :effected or impaired and shall remain in full force and effect.
Section 5.05. Successors and A.ssi.. This Agreement is binding on and inures to the benefit of
the successors and assigns of the parties hereto.
Page28of73
ARTICL V
MISCE t NEO
Section 5,06. Notices and Demands. Except as otherwise expressly provided in this Agreement,
a notice, demand or other communication under this Agreement by any party to any other party
shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered personally to the following address:
The City:
The Developers: valley Senior Services Al1iince,
STS SA Care Centerne,i%
vS SA Boutwell.9 :U ding, LL
2845 H ar mlin ::: Ave .
Roseville, 1 I_
or at such address as either party may, from time to Wi , des' ate in writing and forward to the
other party.
Section 4,07. Arbitration. Any controversy o ute,'61414 nature, between the
Developers and the City arising out of this A ieement:ball be finally and conclusively settled by
arbitration in accordance with the Minnesota wform Aibitratiori Act, Minn. Stet. Chapter 572,
as amended. Determinations of market value a ` : g:however, subject to arbitration except
where the parties have been unable tp . ome to an agreement thereon under circumstances
described in Section 3.07 hereof . 1 que scions as to the meaning of this Section 4 or as to the
arbitrability of any dispute shall bC.esoed b : , the arbitrators, and their decision on such
questions ::.
uestions shall be final and binding i .not.: bject to judicial review, except to the extent
provided in the Minnesota Uniform Arbifileion Act.
Section 4,08. TerminatiA:::::Thelopj.*:517 this Agreement shall commence on the effective date
hereof, and shall ll r r in 1s t: or-c and effect until the effective date that the Exempt Property
ceases to be exernpt: xomy: Oa1 pro erty taxation
Section 4.09. Reasona I oki The parties agree that where any consent or approval is provided
for this Agreement, each. al give reasonable consideration to all factors affecting such consent
or approval and such consent or approval will not be unreasonably withheld or delayed.
Section 4.1 Recordation. Either party hereto may record this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
on or as of the day and year first written above.
Page 29 of 73
City of Oak Park Heights
City Hall
14168 Oak Park Blvd
Oak Park Heights, Minnesota 55082
Page 30of73
THE CITY OF OAK PARK HEIGHTS
By:
David Beaudet
Its Mayor
By:
Erie Johnson
Its City .Administrator;.
VALLEY SE N: SERVICES ALLIANCE,
Mark Meyer
.F ina.nc. x l Officer
CARE CENTER, LLC
Mark Meyer
. : Chid Financial Manager
VSSA BOUTWELLS LANDING, LLC
Mark Meyer
Its: Chief Financial Manager
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this day of , 2007, before me a Notary Public, within and for
said County personally appeared David Beaudet and Eric Johnson, to me personally known, being
each by mc duly sworn did say that they are respectively the Mayor and the Administrator of the
City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that
the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council and
said Mayor and Administrator acknowledged said instrument to be trip free act and deed of said
municipal corporation.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASIIINGTON)
On this day of , 2007 :::::before n.ie a Notary Public, within and for
r i ark Mc ctiti €o rye ��
said County sonally known, being the Chief Financial
qty persor� ally appeared ZI�I. �' I?::::�� ti �
Manager of VS SA Care Center, L. L. C, a M n : ', eLimitcd Liability Company, named in the
fare going instrument; and that the seat aff xed to said instrument is the corporate seal of said limited
liability company, and that said ii .sti uw& t was signed and sealed on behalf of said Limited
Liability Company by Mark Mcycith:re au.orrity of its Board of Governors acknowledging his
execution of said instrument to be th6 e act ed deed of said Limited Liability Company.
Page 31 of 73
Notary Public
Notary Public
STATE OF MINNESOTA )
COUNTY OF WASHINGTON)
ss.
On this day of , 2007, before rime a Notary Public, within and for
said County personally appeared Mark Meyer, to me personally known, being the Chief Financial
Officer of Valley Senior Services Alliance, a Minnesota Non - Profit Corporation, named in the
foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said corporation by Mark
Meyer with the authority of its Board of Governors acknowledging his execution of said instrument
to be the free act and deed of said Limited Liability Company.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
said County personally appeared Mgr
Page32of73
Notary Public
On this day of , 2007, before me a Notary Public, within and for
lyl yer, to rye personally known, being the Chief Financial
Officer of VSSA Boutwells 1 andi L , a innesota Limited Liability Company, named in the
foregoing instrument; and that the 'ML affect to said instrument is the corporate seal of said
corporation, and that said i stru ent signed and sealed on behalf of said limited liability
company by Mark Meyer with to autho..ity of its Board of Governors acknowledging his execution
of said instrument ument to be taf : E coed of said Limited Liability Company,
Approved as to form:
Mark J Vierling
City Attorney
Page 33 of 73
This Instrument Drafted By:
Mark J, Vierling
BCKBER , LAMMERS, BRIGGS,
WOLFF & VJERLING,
1809 Northwestern Avenue
Stillwater, Minnesota 55082
Page34of73
Page 35 of 73
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT A REGISTERED .LAND SURVEY NO. 1 25
Method of Calculation:
The PILOT payment is the estimated amount of local taxes to the City that would have been
generated by the Valley Senior Service Alliance Skilled Care Center if the property (both land
and building) were not exempt from taxation.
The City estimates the new Valley Senior Service Alliance Skilled Care Center (land and
building) to have an appraised market value of $1 9,093,226.
This market value, if taxable, would generate a tax capacity of $381, 1 .. A portion of this tax
capacity would be subject to fiscal disparity sharing as a comme " t�I i erty. The proposed
� y � Park �.:.�:: the local
shat
sharing percentage for• Oak I ark Heights for pay 2008 taxes s:::. ::1 157 %. �he refore ,
taxin g entities will benefit directly from $296,829 of the tax apa ty. This reduced tax capacity
would .. ,. °s . pa 2008 tax ca : r rmrr \i\ c0 t_ _� � rate of
y p4 acit y
36.842%. This amount does not include any fiscal disp A rc ::Ibution that would be generated
by this property if taxable. The step by step calculation is dct lc &below.
Based on an estimated market value (LM V) o f $19,0%3,226,1;b6 following steps would be
utilized to calculate the PILOT payr..ment: -
Step 1: Calculate the Total Tax Capacity (T
Page 36 of 73
1.5 %x first $150,000ofEM ,.
Plus 2.0% x EMV ray exCCS§:
Equals $3 81.,1-15 (TTC)
Step 2: Calculate the -Fiscal Disparity
EXHIBIT "B"
2,250
150,000 - $378,865
fapaeity (FDTC):
Result from Step 1 :`TC::::::.
Multiplied by •, .1157% (Proposed pay 2008 rate for City of Oak Park Heights)
Equals $84486 (FD 1 , C)
Step 3: Calculate the '641 Tax Capacity (LTC) :
Result from Step 1 (TTC) = $381,115
Minus Result from Step 2 (FDTC) = $84,286
Equals $296,829 (LTC)
Step 4: Calculate the. City's Tax
Result from Step 3 (LTC) .— $296,829
Time 36.842% (Proposed Oak Park Heights local tax capacity rate for Pay 2008)
Equals $109,358 (City PILOT payment)
The PILOT payment identified above includes the taxes that could be generated by the Valley
Senior Service Alliance Skilled Care Center if it had an estimated market value of $ 19,093,226.
Furthermore, the payment calculation assumes the proposed pay 2008 rates for the City remain
fixed as does the 2008 fiscal disparity sharing factor,
The variables in the above calculation to determine the actual PILOT payment each year will be
the estimated market value (as determined by the Washington County Assessor's Office), the
method used to calculate the tax capacity of commercial properties (possibility of being amended
b y the State Legislature), the fiscal disparity sharing factor for Oak Park Heights and the local
tax rates for the City of Oak Park Heights,
The PILOT would begin on a timetable based on construction and coI letion of the Skilled Care
Center.
Page 37 of 73
Page 38 of 73
P.I.L.O.T. AGREEMENT
(0)
Page 39of73
AGREEMENT FOR PAYMENT
FOR
C1TY SERVICES
THIS A G .IF EMf NT �� OR PAYMENT FOR CITY SERVICES (this "Agreement") was made as
�
ofthe 1 day of December, 2007 by and between The City of Oak Park Heights, a municipal
corporation under the laws ofthe State of Minnesota (the "City ") and Valley Senior Services
Alliance, a Minnesota corporation, VSSA Care Center, LLC, a Minnesota Limited Liability
Company and VSSA Boutwell.s Landing, LLC, a Minnesota Limited Liability Company (the
"Developers").
WHEREAS, the Developers has Trade application to the City f = a pp 1. of a project (the
"Project") wi.thIn the corporate limits ofthe City; and
WHEREAS, a copy of a legal description of the Land is lereto as Exhibit A; and,
V\'HEREAS, the Developers has agreed to make cedMil payitpnfffo the City in lieu of real
property taxes affecting certain portions of the dcv Opmeft: ( c "Development ") that has been
proposed by the Developers for the Land that has o'` :, nticip: tcd to have tax exempt status.
NOW, THEREFORE, ORE, ire consideration of c ; remi and of the mutual promises and
conditions hereinafter contained, it is hcrcb : greed as o flows:
ARTICLE I
R .E' 'R ESENTAT O S ETC.
Section 1.01. gs presentation by the ,y. Tl e City makes the following representations as the
basis for its undertakings huein:
(a) The City is a m . um al eagoiltion duly organized and existing under the laws of the
•
State of Minneata..
(b) 'The cxecut :::. elivery and performance of this Agreement by the City does not - violate
any agreer-nent 1w, rule, regulation or any court order or judgment in n
y litigation to
which the City is i i`arty or by which it is bound.
W1TNESSETI
The City has been duly authorized to enter into this Agreement and to perform the terms
hereof.
Sect on. Represen tations by the fevelopers. The Developers makes the following
representations, warranties and covenants:
(a) The Developers is a corporation duly organized and existing non- profit corporation
under the laws of the State of Minnesota with tax exempt status.
(h) There is no litigation pending, or to the best of its knowledge threatened, against the
Developers affecting its ability to develop and operate the Development or to carry out
the terms of this Agreement.
ARTICLE II
TAX EXEMPTION
Section 2.01. Exenvt Status. The Developers shall have the right, at any time, Ib llowing or
during the construction of portions of the Care Center element of the : F evelopza. eat, to apply for
exemption for some or all of the Care Center element of the Devu lope •nt. from real property
taxation in accordance with applicable Minnesota law, and the City cs to acquiesce in such
application, providing the Developers is not then in default herei }dc`
ARTICLE III
PAYMENT FOR C1.rr SEIW1.
Section '3 .0 I , (..lity Sei vices. The City hereby agree p r c t Developers with all of the
services that it provides to property owners and the .:.: ublic i nera1 within the City limits,
including without limitation police protection and fiir p. otectlon services (referred to generally
as "Municipal Services").
Section 3,02, Payment for M.0 nici pal Servic In each ca.lcndar year in which no property taxes
are payable with respect to any portion of the 6ftitififfient because of a granted exemption, the
Developers shall nuke a payment in,. ;u of taxes to the City equal to the amount the City would
have received if that portion of thq.P inclusive of real estate and improvements
thereto (the "Exempt property) ige not exempt from property taxation and the market value of
the Exempt Property was deturminecri .4cp rdancc with the provisions hereof. The
Development and the City stipulate and a {ce that such amount is fair compensation for the
Municipal Services,
Section 3.03. Comput -tion o: Pay ent. The City Administrator/Clerk/Treasurer shall compute
the amount of the i eq uure :payment annually and advise the Developers of the amount due in
such year and of the ` '7er in which such amount was computed as early as practicable. The
computation shall be co:pleted by the City for the current year by march 1.5 and calculated in
accordance section 3.04 aid' invoiced no later than March 31, The payment shall be made in two
equal installments due on May 15 and October 15 of each year, or on such other dates as are
established from time to time by law for the payment of ad valorem property taxes in Minnesota.
In the event payment is not made when due, the Developers shall also pay penalties and interest
computed as provided in Minnesota Statutes, as amended from time to time, for delinquent.
property tax payments. The aggregate annual payment shall be the product of the market value of
the Exempt Property as of January 2 of the year next preceding the year for which the payment
amount is being computed and determined in accordance with the following Sections 3.04
through 3,07, the local tax rate for the City determined in accordance with the provisions of
Page 40 of 73
Chapter 275, as amended, of Minnesota Statutes, and the class rate applicable to the Exempt
Property determined in accordance with the provisions of Minn. Stat. §273.13, as amended. The
computation of the tax due shall comply with the format to be established in the Memorandum
from the City of Oak Park Heights a copy of which is annexed hereto as Exhibit "B". The
payment shall be made to the City within 15 days ofbilling rendered by the City to Developers.
Section 3.04. Market Value. The Developers and the City acknowledge that the Washington
County Assessor determines the market value of tax exempt properties in accordance with the
provisions of Minn. Stoat, §272.18. For purposes of this Agreement, the market value of the
Exempt Property as of January 2, 2009 shall be as determined by the Washington County
Assessor, In the event the Washington County Assessor has not determined a new value for any
given year, the value for such year shall be the value determined by the Washington County
Assessor for the previous year plus average annual property applecia_tion based on other
commercial/industrial property appreciation in the City of Oak Pet+ lghts. Thus, for example,
if the Washington County Assessor has deter - mined the market v o A c Exempt: property as
of January 2, 2009, and if the Exempt Property is exempt fro. ��� f uti.on foe= axes payable in 2009
and average property appreciation for 2008 is 5 ° %% , the p i nerein. lieu of taxes due in 2009
shall be computed with reference to the Assessor .Ja 2, 2009 valuation plus 5%
appreciation. if the assessor has not updated the valet:::::f :::: die:: thin one year, appreciation for
each unadjusted year shall be added to they last vale set. Afhetount Assessor continues to
value the property every sixth year, as is now the practice, 1t.e new value determined by the
County Assessor will be determinative notwithstui m ;..,i ater years of cumulative increases.
Section 3,05. Appeal of Valuation, The rn ket valu of the Exempt Property as determined by
the Washington County Assessor from . tii :. to t_ir after the Exempt Property is granted
exemption may be appealed by either the DeV616000 or the City as follows: within ninety (
days alter receiving notice of the r. i'ket value of the Exempt Property as determined by the
Washington County Assessor, eitb pa * may send notice to the other that it objects to such
determination and stating its ii : Ito ibe true market value of the Exempt Property. If the
City and the Developers cannot within thn t (30) days after the date of said notice and after good
la.ith negotiations agree um the markel vt� aluc of the Exempt Property, then the market value
shall be established by tl�l 4 :al as . I f the Developers and the City agree upon the
selection of an �t�� a �r�����
appraiser " w :ithi.i. t t:y (20) days alter the expiration of the thirty (30) day
negotiation period, �5 ppi.�. ` shall be appointed to appraise the 1.'1111 and impartial appraisal
t: the patios. If the Developers and the City have been unable to agree
upon the appoint:m a single appraiser within said twenty (20) days, then. each party shall
within thirty (30) dayS'ibil,owing the expiration of the time Riven for appointment of a single
appraiser designate an inde appraiser who holds the designation "MMMAI' and has his or her
principal place of business in Washing-ton County, Minnesota. tithe objecting party shall fail to
designate an appraiser and notify the other party of his/her identity within said thirty (30) days,
then the market value of the Exempt: Property shall be as previously determined by the Assessor.
If the non - objecting party shall fail to designate an appraiser and notify the other party of his/her
identify within said thirty (30) days, then the market value of the Exempt Property shall be the
amount set out in the notice of objections. If both parties timely name an appraiser, then the two
appraisers so named shall designate a third similarly qualified appraiser within thirty (30) days of
the appointment of the last of the two appraisers named by the parties. If the two appraisers fail
Page 41 of 73
to name the third appraiser within said thirty (30) days, then either party shall request the chief
judge of the Washington County District Court to name the thi.rcl appraiser. The three appraisers
shall, within sixty (60) days of the appointment of the third, determine the market value of the
Exempt Property by consensus, or if no consensus can be reached, by agreement of any two of
the three. The determination of the appraisers shall be binding on the parties. If the parties agree
to a single appraiser, each party shall pay ore -half of the appraiser's fees. I f the parties cannot
agree upon a single appraiser, then each party shall pay the fee of the appraiser it selects and one-
half of the third appraiser's fees. For purposes hereof, the market value of the Exempt Property
shall, insofar as possible and consistent with the intention of the parties as expressed herein, be
based upon the statutory definitions and procedures used in the valuation of real property for
purposes of determining ad valorem real property taxes in Minnesota, which may or may not
approximate the actual fair market value of the Exempt Property. litthe event the market value
of the Exempt Property has not been determined by the appraiser(s) appraiser(s) that the amount of the
payment due in any year cannot be calculated and timely payni its::n ; de with reference thereto,
the Developers shall nevertheless be required to make paym,cpts but the amount of
such payments shall be calculated with reference to the Asxsss '.s most recent determination of
market value. If following g the completion of the apprf:40 . 1s, the actual payment required to be
made by the Developers hereunder is lest; than the ari ount ei tofore paid by the Developers, the
difference shall be refunded by the City to the Develt : it b€ t.. interest within thirty (30) days
if the actual payment required to be made: by the veloper hereunder is m.orc than the amount
heretofore paid, the difference shall be paid by the'DDcveloper§ to the City without interest within
thirty ( days.
Section 3.06. Legislative Changes. In the th0 the :.methods and procedures for determining
property taxes are altered by th.e Minnesota StaW Legis l.aturc such that the methods and
procedures set forth in this Agreement are no I{ : j 4 ' adequate to permit the parties to achieve the
intent hereof as set forth in Section::: '02, the parties shall: negotiate in good faith an amendment
to this Agreement directed at prod cin t oniparable result.
Section 3.07. Alterations, In the evL .::bu. xLrupt Property is substantially altered, improved or
damaged such that the market value as cstblished pursuant to the provisions hereof is no longer
a reasonably accurate es rat1o:(the rrket value of the Exempt Property, the parties shall
negotiate in good faith .: a ffeq uitabk : : : justment of such market value and reduce their agreement
thereto in writing.
Page 42 of 73
ARTICLE TV
EMS SERVICES AND 911 CALLS
Section 4,01. Emergency Services via Bayport Fire Department., At such time when the
Development (defined as the current Boutwel]s Landing Complex and the Proposed Skilled Care
Facility located south of 58' } ' Street)) exceeds 20.0 percent of all City emergency calls responded
to by the Bayport Fire Department (including fire, good intent, false alarm and EMS /rescue, etc),
the Developers shall make an annual payment to the City an amount equal to the cost impact the
Development has on the City's cost. contribution to the Bayport Fire Department for services
over the 20.0 percent.
Section 4.02 BiiHiin. The City will directly bill the Developers after the City determines the
annual use generated by the Development and its impact on the City Fair Share Formula or other
f uture contribution protocol. The City will determine annual use at the Development based an
information provided by the Bayport Fire Department `actual -run' data or other reliable source
data.
Section 4.03 Change . of Fire /EMS provider 4) City, Should the City's relationship with the
Bayport Fire Department and /or is financial relationships substantially change, the City reserves
the right to amend this language as may be needed to compensate for new Fire and/or EMS
service vendor costs.
Section 404 Disclaimer. while it is anticipated that the City can pro ?de adequate emergency
responses to the Development, the City does not guaranty that it .has aikquate resources to
respond to all emergencies or provide same in perpetuity. The C- y indicates to the
Developers that it should consider the implementation of neccs.sai " on sit &' staff' and other
emergency mitigation resources so that emergency EMS/R406 could . be handled
internally and directly with appropriate health care provid `s and..otentially deleting the need of
the City responses.
Section 5.01. Governiiiig Law. The parties 4gree that tb Agreement shall be governed and
construed in accordance with the laws of thc of Mi,niaesota.
Section 5.02. Time is of the tsscnce'Time shall be of the essence of this Agreement.
Page 43 of 73
ARTICLIt V
MISCELLANEOUS,
Section 5.03. Counterparts. If this x ceme yeis executed by any number of counterparts, each
which shall be an original, but all of O l'.( 1 .frill constitute one in the same i s } e}
Section 5.04. 1ntc pretati:on; S verabil /. If any one or more of the provisions, sentences,
phrases or words of th„s„,Ati.oindit gi.P application thereof shall be held or determined to be
invalid, illegal or une forceab :m. any respect, the validity, legality and enforceability of the
remaining phrases, phi s es or words of this Agreement and any other application
thereof shall in no Va 6. affected or impaired and shall remain in full force and effect.
Section 5.05. Successors aid Assigns. This Agreement is binding on and inures to the benefit of
the successors and assigns of the parties hereto.
Section 5.06, Notices and Demands. Except as otherwise expressly provided in this Agreement,
a notice, demand or other communication under this ,Agreement by any party to any other part'
shall be sufficiently tly given or delivered i.f it is dispatched by registered or certified rail, postage
prepaid, return receipt requested, or delivered personally to the following address:
The City:
The Developers:
or at such address as either party may, from time to tj �
other party.
Page44of73
City of Oak Park Heights
City Hall
14168 Oak Park Blvd
Oak Park Heights, Minnesota 55082
Valley Senior Servicestiance,
VSSA Care
VSSA Boutwell.s. ,anding; r
2845 Ilamlir e;; e No.
Roseville, M:1 55110
Section 4.10. Recordation. Either party hereto may record this Agreement.
;i1 ..in writing and forward to the
Section 4.07. Arbitration. Any controversy o .: 1.rt . 1 Lever nature, between the
Developers and the City arising out of this Vcemcnt be finally and conclusively settled by
arbitration in accordance with the ll4innesotk .Uniform' rbitration At Minn. Stat, Chapter 572,
as amended. Determinations of market value :a::e not .however, subject to arbitration except
where the parties have: been unable to. carve t.o 'an '' ei'ecment thereon under circumstances
described in Section 3.07 hereof : 43Vquestions as to the meaning of this Section 4 or as to the
arbitrability of any dispute shall b eso.: ed by the arbitrators, and thei • decision on such
questions shall be final and bi .din r 'not � bjeet to judicial review, except to the extent
provided in the Minnesota Uniform 1i= :txa�tion Act.
Section 4.08. "Fe - mination. Agreement shall commence on the effective date
hereof.. and shall r i :1 fo and effect until the effective date that the Exempt Property
ceases to be exempt :Om reat :ope ty taxation..
Section 4.09. ReasOMitness, The parties agree that where any consent or approval is provided
for this Agreement, eaciNip give reasonable consideration to all factors affecting such consent
or approval and such consent or approval will not be unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be cluly executed
on or as of the day and year first written above.
Page 45 of 73
David Beau t
Its y r
Mark Nt:6yer
Its ClikfFinancol Officer
Mark Meyer
Its Chief Financial Manager
Mark Meyer
Its: Chief Financial Manager
PARK HEIG
l E t r s ic nson
Administrator VALLEY SENIORSERVICES ALLIANCE,
CARE CENTER, LLC
VSSA BOUTWELLS LANDING, LLC
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this 5 111 day of emker 2
, 2007, before me a Notary Public, within and for
.
said County personally appeared David Beaudet and Eric Johnson, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and the Administrator of the
City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that
the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council and
said Mayor and Administrator acknowledged said instrument to be the free act and deed of said
municipal corporation.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this q A— day ofDecivyleivr bfore me a Notary Public within and for
said County personally appeared Mark Me*, to me rsonally known, being the Chief Financial
Manager of VSSA Care Center, L.L.C, a Mbesotailtimited Liability Company, named in the
foregoing instrument; and that the seal affixed fartitleifistrument is the corporate seal of said limited
liability company, and that said . 4iument was signed and sealed on behalf of said Limited
Liability Company by Mark MeyoOkithgie authority of its Board of Governors acknowledging his
execution of said instrument to be the act and deed of said Limited Liability Company.
•
Page 46 of 73
LL)
Notary Public
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON)
On this I-0 day of te_tort..Leiv_ , 2007, before me a Notary Public, within and for
said County personally appeared Mark Meyer, to me personally known, being the Chief Financial
Officer of Valley Senior Services Alliance, a Minnesota Non-Profit Corporation, named in the
foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said corporation by Mark
Meyer with the authority of its Board of Governors acknowledging his execution of said instrument
to be the free act and deed of said Limited Liability Company.
STATE OF MINNESOTA )
COUNTY OF WASHINGTON)
Page 47 of 73
AsAAAAAAAIVVVVVV,A ,r4 4
VALERIE JEAN ALT
Jon 31, 2010
rk,^11A/ YV VVVVVVVVVVVW
SS.
Notary Public
On this day of before one a Notary Public, within and for
bete/
said County personally appeared MA Meyer, to me personally known, being the Chief Financial
Officer of VSSA Boutwells Landire LLC a Minnesota Limited Liability Company, named in the
foregoing instillment; and that thk§stir affi* to said instrument is the corporate seal of said
corporation, and that said instrum6Niwa§Agned and sealed on behalf of said limited liability
company by Mark Meyer will the authority of its Board of Governors acknowledging his execution
of said instrument to be alp ffetcpt andAted of said Limited Liability Company.
A u
I E ALT
Notrf Minnesota
;:_'fi)Z Jan 31, 2010
Approved as to form:
Mark . VVierling
City Attorney
Page 48 of 73
This Instrument Drafted By:
Mark J. Vierling
ECKBERG, l.y ERG, LA.M"'�ME S,1BRIGGS,
WOLFF Y IERLIN ti.� ,
1809 Northwestern Avenue
Stillwater, Minnesota 55082
Page 49 of 73
Page 50 of 73
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT ' A REGISTERED LAND SURVEY Nit). 1.25
Method o f Calculation:
The PILOT payment is the estimated amount of local taxes to the City that would have been
P,renerated by the Valley Senior Service Alliance Skilled Care Center if the property (both land
and building) were not exempt from taxation.
The City estimates the new Valley Senior Service Alliance Skilled Care Center (land and
building) to have an appraised market value of S19,093,226.
This market value, if taxable, would generate a tax capacity of $381,1 : 5. A portion of this tax
Y
capacity would be subject: to fiscal disparity sharing, as a comme 1... = pei•ty. The proposed
sharing percentage for Oak Park Heights for pay 2008 taxes is 2 ' 1 the local
taxing entities will benefit di rectly ft $296829 of the tax.: ty. Th 'reduced tax capacity
would generate taxes to the City of $ 109358, based on a p .6poscd p y 2005 tax capacity rate of
36.842 %. This amount does not include any fiscal dispari : s01buti.on that would be generated
by this property if taxable. The step by step ealcu lati. n:*: :. oalio0 below,
Based on an estimated market value (EMV) of S 19 93,226, tI :e following steps would be
utilized to calculate the PILOT payment:
Step 1: Calculate the Total Tax Capacity (Tit):
1.5% x first $150,000 of EMV = $2,2..
Plus 2 .0% x ElvIV in excess 0$150,000 - $378,865
Equals $381,115 (FTC)
Step 2: Calculate the Fiscal Di slaar t T ' : i ac;ity F DT `
Result from Step 1
Multiplied by 22.
Equals 84,2.& (FDJ
Step 3: Calculate tl z1 Tax Capacity (LTC):
Step 4: Calculate the City's Tax
Result from Step 3 (LTC) : $296,829
Time 36.842% (Proposed Oak Park Heights local tax capacity rate for Pay 2008)
Equals $109,358 (City PILOT payment)
Page 51 of 73
EXHIBIT "13"
Result from Step 1. *O'TC) = $381,115
Minus Result from Step 2 (FDTC) = $84,2 86
Equals $296,829 (LTC)
( : 1 sed pay 2008 rate for City of Oak Park Heights)
•
The PILOT payment identified above includes the taxes that could be generated by the Valley
Senior Service Alliance Skilled Care Center if it had an estimated market value off 1 9,093,226.
Furthermore, the payment calculation assumes the proposed pay 2008 rates for the City remain
fixed as does the 2008 fiscal disparity sharing factor.
The variables in the above calculation to determine the actual PIOT payment each year will be
the estimated market value (as determined by the Washington County Assessor's Office), the
method used to calculate the tax capacity of commercial properties (possibility of being amended
by the State Legislature), the fiscal disparity sharing factor for Oak Park Heights and the local
tax rates for the City of Oak Park Heights.
The PILOT would begin on a timetable based on construction and cu: pletion of the Skilled Care
Center,
Page 52 of 73
Page 53 of 73
AUTHORIZING RESOLUTION
� ".1 ".tip;..
City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439-0574
May 11' 2007
Alien Black
Senior Housing Partners ] VSSA
2845 Hamline ,Ave N
Roseville, MN 55113
RE: Skilled Care Facility.
Dear ,Alen:
Enclosed you will find a copy of the executed City CoUnci1esolution *the recent approval of the above
project. The document generally conveys your approval wit i pprop ate conditions as discussed. At this
point we will begin composing the needed Develop r green re €t' r appropriate amendments.
_,, .:::::;' -.::::;,
No action is neede u at this time.
Page 54 of 73
'ely,
B 1 Johnson
ity Administrator
Cc: Planning File
Mark Vierlianf ity
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY VALLEY SENIOR SERVICES ALLIANCE
FOR A GENERAL PLAN PUD APPROVAL FOR A
SKILLED CARE CENTER ADDITION AT BOUT;VELLS LANDING
LOCATED AT 58 STREET AND NORWIaI AVENUE
BE APPROVED WITH CONDITItJ
WHEREAS, the City of Oak Park Heights iraeived a request from Valley
Senior Services Alliance for a general plan PUD a pr• ::: or � illed care center addition at
Boutwells Landing located at 58' Street and T orw eniiq at after having conducted a
public hearing relative thereto, the Planning Commi lion of O k Park Heights recommended that
the application be approved with conditions, ' � of Oak Park Heights makes the
following findings of fact and resolution: 0..•
1. The real property affected 1.by s .id application is legally described as
follows, to wit:
and
2, The . 0.4c ant hw sula
i itted an application and supporting
documentation to the Coniihnz viOpment Department consisting of the following items:
and
PUD; and
Page 55 of 73
RESOLUTION NO, 07-04-21
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
TAC 1. M EN T B
3. Conc'pt plan approval for the care center was approved by the City
Council at the November 22, 2005 meeting; and
- The property is zoned PUD District with an underlying zoning a f R ----B,
Residential Business. Care centers are a conditional use in the -B District; and
5. City staff prepared a planning report dated April 4, 2007 reviewing the
6. City staff recommends in the April 4, 2007 planning report that the request
be approved with conditions; and
7. The Planning Commission held a public hearing at their April 12, 2007
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY GOU GE FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by valley Senior Services Alliance for a general. plan Ph D
approval for a skilled care center addition at Boutwells Landing located at 58 Street and
Norwich Avenue and affecting the real property as follows:
SEE ATTACHMENT A
Be and the sane as hereby approved by the City Council o
the following l conditions:
1. The City Engineer shall approve all driveway 1 . : pt s: rn 58 Street.
2.
The City Engineer shall comment on the : : :: :.traffic sdy and potential impact of the
expansion on 58 Street and oakgreen Ay:e
I
3 . The four p ro ane tanks shall be rem ::red frorilithe site plans and not be installed unless
approved by the City.
4. The landscape plan is subject.. review and approval of the City Arborist.
5. The site plan shall be revised:: : ncitO plans for the outdoor play area subject to review
and approval of City staff.
6 The applicant shalt Igovf : ad: itional plans for the grading and installation of prairie
grasses on the eat side:: :t e 'Mum Hills park. The plans shall be subject to review and
approval of th crCit : ngin er and City Arborist,
7. The ��adin g an d i aina g e plans shall be subject to review and approval of the City
g
Engineer, Middle Stroix Watershed District and Browns Creek Watershed District.
8. The utility plans shall be subject to review and approval of the City Engineer.
9. All newly installed freestanding light fixtures shall include a conforming full cut off lens.
A detailed lighting plan for the building light fixtures shall be submitted for City staff
approval prior to installation. All new light fixtures shall comply with the repirerents
of the Zoning Ordinance.
Page56of73 2
o 'Oak Park_ Heights with
10, All signage installed on site shall comply with the requirements of the Zoning Ordinance.
A plan, subject to approval by City staff, shall be submitted by the applicant indicating
appropriate directional signage.
1 The City Council is favorable to the proposed building a rchitectur•e and materials.
12. The Planning Commission recommends and City Council approves a building height
variance to the mid point of the highest roof of 42 feet.
As part of the PUD approvals, the Planning Commission recommends and the City
Council approves a conditional use permit allowance for tower elements to not exceed 60
feet in height
14. The City Council will conduct an annual review to address the issue of 911 calls and
potential emergency vehicle siting on campus.
15. A snow removal and storage plan shall be submitted by the appb.cant.
Police Chief and Fire Chief should comment on:: y safety - :hicre access issues of
16. T l� e �' ...:
the access points, driveways, or of the general site p.
17. A development contract amendment shall be e p ted j ect to review and approval of
the City Attorney. The issue of payment in u of .es mill be addressed as part of the
contract, ....
Page 57 of 73
ohnson, City Administrator
3
avid Beaudet, Mayor
18. The applicant shall provide a copy . 9Ptif e a Department of Human Services
to is once of cGupancy permits by the City.
permits for the care center pprior s�.n e
h Cit of oak park Heights this 24 k day of April
Approved by the City Cowl" of � e � Heights �' �
Page 58of73
Washington County GEO Code: 05.029.20.13.0009
Legal Description: Lot 1, Block 2, Boutwell's Landing
Physical Address: 13575 58 St. N.
Attachment A
Application Materials
• Application Form
• Fees
Required Approvals:
Planning Commission
City Council
- Limitation on
Page 59 of 73
ATTACHMENT 13
• Property Tax State nent(s )/Legal Description(s)
Planned Unit Development (PUD):
Amended Concept & General Plan Approvals
And Building Height Variance
For Boutwell's Landing Care Center Expansion
Located at 13575 58 t, N.
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• written Narrative and Graphic Materials I xplaining Proposal
• Mailing List from Washington County (500' from subject p io erty)
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon .A ►plicatio x: l i
Public Hearing: April 12, 2007
February 21, 2007
Majority Vote
Majority Vote
ne•al Concept Plan Approval:
Unless a
General Plan of D .l.o 1 m ent covering the area designated as in the General Concept
Plan as the first stage a.f he PUf : as' filed within twelve (12) months from the date Council
f'l stage
grants General CoCone* P appi•o al, or in any case where the applicant fails to file General
ener
Plan of Development .�* and Final flans a��s and to proceed with development ent in accordance with
....
the d
provisions of this Or. cc and approved General Concept an a pra t l la-n the approval may be
1 pl r p Plan, ��
revoked by Council action. (401.06.C.2.e)
:'ian --- Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the variance shall become null and void twelve (12) months after the date of
approval, unless the property owner or applicant has substantially started the construction of any
building g structure, addition or alteration, or use requested as part of this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval,
(401..4.0 .1 -- 401,4,C.2)
Page 60 of 73
MINOR SUBDIV1SION PERMIT
Address: 2845 Hairline Ave. No.
Roseville, MN 55113
Applicant: Valley Senior Se - vi. .s Alliance
Site Address: BoUt \yell's La ding,,
Oak Park 1- leight_s:
Present Zoning District: P
Page 61 of 73
11. Reference Attachment: RLS #125
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY
STATE OF MINNESOTA
MINOR SUBDIVISION PERMIT
Legal Description: (Washington County Geo. Codes ---- to be assigna
REGISTERED LAN , ;:; r Y U 2 S
Owner: VSSA l3outweils Landing, LIE and
VSSA Care Center, LLC
Permitted uses set forth in Ordini 401 Section 401.06
1. MINOR SUBDIVISION PERMIT:
Property allowed to re- establish boundary lines per Registered Land Survey No, 125
1.11, Annual review: Annual review is /is not imposed as a condition of this permit
Date Issued: December 5 )007
Date: By
Date:
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Page 62 of 73
City Adrnin"tra
VSSA Fp wells LanAit, LL
.:,..
• '::'=•:::::i
B — ...
. ...:,...
,........
ye, CFNO
Mark
VSSA>are Ce LLC
Mark Meyer, CFM
CITY OF OA RK HEIGH
eaudet
ric Johnson
Page 63of73
LEGAL DESCRIPTION
REGISTERED LAND SURVEY NO. 125
MINNWEST
BANK®
December 4, 2007
Irrevocable Letter of Credit No. 401
To: City of Oak Park Heights
hts
City Administrator
14169 Oak Park Blvd.
Oak Park Heights, MN 55082
Gentlemen:
We hereby stablish in favor of the City of Oak rk e .ts this Irrevocable Letter of
y ��.
Credit Number 401 for the account of VSSA Care Center LC, 2845 Hamline Avenue
North, Roseville, MN 55113, for Boutwells Land t Cain ;..
� enter Project, in aggregate
amount of one million three hundred fif teof t ousanc United States Dollars and no /100,
(1,31 5,000.00 USD)
This LF T IFR OF CREDIT shall be deer ed • :u o iatically renewed without modification
for one (1) year from December 4 2003 or any extended expiration date unless sixty (60)
days or more prior to such date #e shall notify you by registered or certified mail that we
elect not to extend the LETTER' R.D f for any such additional period,
1, Be sib :.: behalf of the City;
2 Bear on its face the clause "drawn under Minnwest Bank Metro letter of credit
number 401 dated December 4, 2007; and
1150 Yankee Doodle Road
Fagan, MN 55121
t: 65 -000
f ; 6 5 i 454 wo
3. Be accompanied by a certification signed on behalf of the City of Oak Park
Heights that either (i) VSSA Care Center LLC has failed to comply with the
terns and conditions of the 2007 Developers Agreement for Main Campus
Addition of Care Center Facility, (ii) this letter of Credit will expire within
sixty (60) days and this Letter of Credit has not been renewed or replaced as
required.
Luverne — Downtown I Luverne — Highway 75 Beaver Creek 1 Tracy 1 Slayton Lake Wilson J Ortonville
Redwood Falls ----- Downtown 1 Redwood Falls --- East I Bclview I Danube I Gibbon Marshall ! Morton I St, Cloud Rochester Hammond
MontevilIkageDe5ntyp73 Montevideo --- Highway 7 1 Dawson Champlin Eagan 1 Minnetonka Sioux Falls I Sioux Falls --- East
Moneyl.,inc: 1-888-616-2265 I www.minnwestbarik.com Member FDIC
The original of the Letter of Credit in NOT required to be presented to draw upon this
Letter of Credit. Partial draws are permitted.
We hereby engage with drawers and/or bona fide holders that drafts drawn and
negotiated in conformity with the terms of the credit will be duly honored upon
presentation.
Except as otherwise state herein, this Letter of Credit shall be governed by the most
recent version of the Uniform Customs and Practice for Documentary Credits,
International Chamber of Commerce Publication No. 400.
Minnwest Bank Metro
Page 66 of 73
Cal Christensen Vice President /Commercial
MINNWEST
BANK®
December 4, 2007
Irrevocable Letter of Credit No. 402
To: City of Oak Park sleights
City Administrator
14169 Oak Park Blvd,
Oak Park Heights, MN 55082
1150 Yankee Doodle Road
Eagan, MN 55
t: 651 - 454-00O4
f; 6 9 - 4-5+ - 0 4 81
Gentlemen:
We hereby establish in favor of the City of Oak iip.rk Heights this Irrevocable Letter of
Credit Number 402 for the account of VSSA, 2845 Hamline Avenue
North, Roseville, MN 55113, for BoutweV L ndin : fe Center Project, in aggregate
amount of one hundred seven thousand be hundre=e::fifty United States Dollars and
no/100, ($1 07,250,00 USD).
This LETTER OF CREDIT shall. deemed automatically renewed without modification
for one (l) year from Decerbe R , 200 oz• a.ny extended expiration date unless sixty (
days or more prior to such date WkOrall rOlfy you by registered or certified mail that we
elect not to extend the LETTER or : . 1..MIT for any such additional period.
Partial drawings permitt :d .
Each draft under 00 Letter o redit must:
L Be signed : :behalf of the City;
2, Bear on its face the clause "drawn under Minnwest Bank Metro letter of credit
number 402 dated December 4, 2007; and
3. Be accompanied by a certification signed on behalf of the City of Oak Park
Heights that either (i) V S SA Care Center LL C has failed to comply with the
terms and conditions of the 2007 Developers Agreement for Main Campus
Addition of Care Center Facility, (ii) this letter of Credit will expire within
sixty (60) days and this Letter of Credit has not been renewed or replaced as
required.
Luverne — Downtown I Luverne W... Highway 75 Beaver Creel: I Tracy 1 Slayton 1 Lake Wilson I Ortonville
Redwood Falls --- Downtown f Redwood Falls — East [ Belview Danube I Gibbon I Marshall l Morton I St, Cloud I Rochester I Hammond
Montevi go--67'16f17 Montevideo - -- Highway 7 1 Dawson 1 Champlin Eagan 1 Minnetonka I Sioux Falls Sioux Falls ---- East
MoneyLine: 1-888-616-2265 www.minnwesthanl.com 1 Member FDIC
The original of the Letter of Credit in NOT required to be presented to draw upon this
Letter of Credit, Partial draws are permitted.
We hereby engage with drawers and/or bona fide holders that drafts drawn and
negotiated in conformity with the terms of the credit will be duly honored upon
presentation.
Except as otherwise state herein, this Letter of Credit shall be governed by the most
recent version of the 'Uniform Customs and Practice for Documentary Credits,
International Chamber of Commerce Publication No. 400.
Minn west Bank Metro
Page 68 of 73
Cal Christensen Vice President of mercial . cer
Page 69 of 73
COPY OF $5,000 ESCROW CHECK
Presbyterian Homes & Services • 2845 N. Harniine Avenue, Suite 200 . Romil40:KIN 55113 Check No 209536
'651-631-6134
Check Date: 12/04/2007
CITY OF OAK PARK HEIGHTS, PO BOX 2007, 14168 OAK PARK BLVD : i\idifiit:paPARK HEIGHTS, MN 55082
......_ .... (1509)
Net Invoice
„_...........
1211
I V V
Invoice Number
50
Invoice Date
12/04/20U
Descriplton
SECURITY WARNING (DETAILS ON BACK): THIS DOCUMENT CONTAINS 1) MICROMINT BORDERS & 2) ARTIFICIAL WATERIVIARK ON THE BACK,
Totals
$5, 000.00
heck Date
$5,000.00
Page 71 of 73
LETTER OF COMMITMENT ON RECORDING ORDER OF
DEVELOPMENT AGREEMENT AND P.I.L.O.T.
FFE & FIRST AMERICAN TITLE
Folz, Freeman, Erickson, Inc.
Ma w+ LAND MANNINO • SURVEYING • ENGINEEFUNG
December 04, 2007
Eric A. Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd N.
Oak Park Heights, MN 55082
Folz, Freeman, Erickson, Inc., as a representative of pp
presenting a REGISTERED LAND SURVEY of Wit BIo
Washington County for recording.
LI, • LANDING LLC, will be
OUTWELLS LANDING to
Folz, Freeman, Erickson, Inc. understands that the CRY:a ak Park Heights desires to have a
Development Agreement and a Pilot AgrObent recorded in the number one (1) and number two (2)
positions on the title immediately after 00rd the REGISTERED LAND SURVEY.
Folz, Freeman, Erickson, Inc. hereby comnir thal they will present documents for recording in the
following order:
I. REGISTERED LAND .50
2. Development Agrfem•
3. Pilot Agreeme"
py.#5112h6frenNordi, Lake Elmo, MN 55042 * Acne: (651) 439.-8833 • Fax: (651) 430-9331 • Website: wwwik-inacarn
Bruce A. Fob; LS Thnothrj Fafreglan, 12 Todd A. Erkhon, PE
1939 2001 Principal Principal
Linda M. Cross
Escrow Manager & Senior Counsel
Assistant Vice President
ircross @f rstam,com
December 6, 2007
City of Oak Park Height
Attention: Eric Johnson
14168 Oak Park Boulevard
Stillwater, MN 55082
Re: Boutwells Care Center Project for Recording
Our File No: NCS-324692-MPLS
Dear Eric:
Please contact me if you have furthquestions.
FIRST AMERICAN TITLE INSURANCE COMPANY
Linda M. Cross
Escrow Manager & Senior Counsel
Assistant Vice President
Jdm /12/06/2007
Page 73 of 73
F/rstAmerican TitIe Insurance Company
National Commercial Services
1900 Midwest Plaza, 801 Nicollet Mali, Minneapolis, MN 55402 -2504
{612 }305 -2044 - Fax (612)305-20 29
Direct Phone Number; (612) 305 -2044
FAX: (612) 305 °2029
First American Title Insurance Company will be submitting the folkwng documents from the Boutwells Care
Center Project for recording with the Registrar of `f itie In the folk wing order:
1. Registered Land Survey
2. Development Agreement
3. Pilot Agreement
4 Termination of Cross Easemer tecJ `atior(Vehicular Passage)
5. Termination of Cross Easement De4i rati. (Tenant and Invitees)
6 Modification and Partial release of L :.rom Consolidated Amended and Restated Multi - Family
Mortgage, Assignment ofeats, Security Agreement and Fixture Financing Statement
7. Termination of UCC tat r a
8. Deed from VSSA B tw :: n LLC toVSSA Care Center, LLC for Tract A
9. Joint Use Easems t arid:.Ma r tenance Agreement
10. Mortgage