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HomeMy WebLinkAboutContract 1758 n RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON THOlvlAS P. MALONE MICHAEL E HURLEY HERMAN 1. TALLE CHARLES M. SEYKORA DANIEL D. GANTER, JR. BEVERLY K. DODGE JAMES D. HOEFT JOAN M. QUADE JOHN T. BUCHMAN SCOTT M. LEPAK STEVEN G. THORSON ELIZABETH A. SCHADING WILLIAM E HUEPNER BRADLEY A. KLETSCHER DOUGLAS J. DEHN KRISTI R. RILEY WILLiAM D. SIEGEL TIMOTHY D. ERB KAREN K. KURTH ANGELA M. SAMEC ELIZABETH M. STUVA LAURA R. GURNEY SEAN D. WHITLOCK Retired ROBERT A. GUZY bf'Rk".!<i.' p S-,EFFEN 1931-2002 Barna, Guzy & Steffen, Ltd. ATIORNEYS AT LAW 400 N orthtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 www.bgslaw.com vVriter's Direct Line: (763) 783-5122 Internet E-Mail Address:jhoeft@bgslaw.com May 3, 2005 Richard Eskola, Esq. 3989 Central Avenue NE Suite 600' . Columbia Heights, MN 55421 RE: Property Located at 500 Mill Street, Columbia Heights Zurbey Leasehold Interest Our File No. 46000-112 Dear Rick: This letter is to COnfil111 our recent communications that the tenant currently residing in the above-referenced propeliy will be vacating the property as of May 7,2005. The City has agreed to pro-rate the monthly rent of $400 through May 7. Accordingly, please have your clients remit rent in the amount of $90.32 to the City of Columbia Heights in the same manner as they have paid the previous rents. Thank you for your assistance in regards to this matter. Sincerely, cc: Established I938-An EOE/AA Employer LHB F_n$inccrs & Architects 250 Third Avenue North, Suite 450 Minneapolis, MN 5540 l 612 338-2029 Fax ({12 338-2088 w'w"w.l. HBcorp.com March 31, 2004 Bob Streetar City of Columbia Heights 540 - 40th Avenue NE Columbia Heights, MN 55421 COLUMBIA I:[EIGI-ITS TIF INSPECTIONS AGREEMENT Enclosed for your review and signature are two original copies of the AIA Doc B727 - Standard Form of. xtgreement between the City of Columbia Heights and LHB, Inc. Upon your review and signature, please retain one copy of the agreement for your records and remm the other copy to our Minneapolis office. We look forward to working with you on this project. If you have any questions, please feel free to contact me d/rem at (612) 752-6920. LHB, .1NC, MICHAEL A. FISCHER, AIA PROJECT PRINCIPAL Enclosures: AIA Doc B727- Standard Form of Agreement c: LHB Project No. 04146-F102 M :\04Proj\04146kADMIqkF 100~okgmt\0zl 146AG 033104 Cover L ether, doc DuJuLh, MN Minneapolis, MN AJA Document B7~7 - £1ectronic Format Standard Form of Agreement Between Owner and Architect for Special Services 1988 Edition THIS DOCUMENT I'I/~ [MPORTAIqT LEGAL CON$1~QtI~NCE$; CONSULTATION WITH Aiq ATTORN~EY IS ENCOURAGI~D W1'£'I4 RE~P~-CT TO ITS COMPLETION OR MODIFICATION. ALITI~NTICATION OF THIS LR.ECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT ~ R~onlmendt'd for t~e wi{h c~n'em cdi~ions of sEa.lard AIA A~r~me. llt forms and clocum~m~. COPTclght 15'Tz, 1~79, © 1988 b7' The .~llel'JC~i hlstltute arM:hit .aCtS, 1.7],5 New Y.o~,k Ay?ua, AGREEMENT made ~ of the ;}l~t day of Mar_~ in the y~ar of ~ · BETWEEN the Ow%r. (Name ~nd addm~) Citv__of Columbia Heiahts ~ ~'~.-~,.-~-~;,- ~e,..,~_to/~,:,.~-.~-/ /~,7~o,-~.,~-~, ,540 - 40th Avenue NE Columbia H$iohts, MN 55421 and LEa .Mchitect: LHB Engineers & Architect~ 2.5.0 Third Avenue NQrth Suite 450, Minneapolis, MN 5540] For the followLng (/'.~c./ude deiaded dcsc. d.~do]~ o/.Z~o]ec6 Ioc~rdoJ';, ad~z'~s's ~,d LH B Pro!aCt #04146.10 Ci_ty Qf Columbia Hej.qhts TI F Inspection The Owner artd the A.tc.bJtect agi'ee ns set fozl~ be[ow. -O"-1-988 - TFJE AMERICAN INSTI~UIE OF~ARCHITECTS, I]~5 NEW YOR'K AVENUE, N,W., WASHINGTON, D.C.:'2OOO6-5292, A]A DOCUMENT B727. OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING; Unlicensed photocopying violales US, copyrish! laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AmA and can be reproduced in accordanc, with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document 04146a§O331o4 columbia heights tif. aia - 3/31/2o04. AIA License Number 1010664, which expires on 515/200e~. Electronic Format B727-1988 1 ARTICLE 1 ARCHITECT'S SERVICES (Hem I/~t tho~e ~'e~v~c~ ~o be p~o~d~l b? ~ ~t~ und~ ~e T~ ~ Con~s of ~ ~nent ~ole ~d~ e~ ~'~ ~l~ ~ ~e~ ~ m~s of SUMMARY OF PROC~S A. Survey the proposed TIF district to determine if it meets the "Coverage Test": · To meet t,he coverage test parcels consisting of 70 percent of the~r_e_a_o~:be_dis~ictmusLbe "occupied' b.v buildinR{s.streets, utilities, _or paved or nrave113arkinCl.Iots, · A__p__a~.~l is not consider_ed 'occupied" unless_at_lP~ast 15% of il~ total area contains improvements. Task pe~. rmed by: LHB with Ci~' St~ff Assistance B. Make the following attempts to inspect the interior of each building in the district: · Obtain oroDertv owner's consent; for ins_oection bv assisting the City_in writing a letter of request !mailed by City. ~ to · buildiClg_qwners, and as n,eeded: 1) Make at least three telephone rec~uests ctud~Cl varying times of the day and week, and if letter and telephone_ recmests are not successful. 2) Make at least tWO attempts to personally visit with the owner at times the owner is likely to be presell 3) Docum.ent all attempts to contact the owners. · Document all property conditions relative to_MinD.esota Statutes Section 469.174 Subdivision 10. Task completed by: LHB C. Determine replacement cost for each building: · Replacement cost is the cost.of constructing a new structure of tl3e_samesauaEe footage and ~.oe on the site. · A base cost will be calculated by establishin~ the building ¢1a~8, type and construction quality. · Identify_ amenities, whk;h increase the value of the building over the standard construction quality level · The base cost and cost of amenities will be totaled to determine _~~3t_c'c~sLt%' the property. T_ask completed b_v: J_HB Determine the existing condition of each building: 'StOJctural_ly substandard shall mean containing_defects in structural elements or a combination of deficiencies in essential utilities al~d facilities, l-~lllt_ancl ventilation, fire protection including adequate egress, laVOttt_and condition of intedorjoartitions, or similar_factors, which defects or deficiencies_are of sufficiej~t total significance to !ustifv substantial rerigvation or clearanc~ Task comoleted by: LHB E. Determine Code Deficiencies in each building: · Determine techpical conditions, wb. ich are not in coml~liance with current building code applica/01e to new buildings. · Der ~~t~ to correct identified deficiencies. · Corrlpare cost of deficiency corrections to replacer~ent value of building. ~A building is not structurally substandard ifJL[s in compliance with building code applicable to new buildings_or_c_o_uJcLb_e_ modif'~d to satis~ the building code_atto cost of less than 1{5 percent of replacement cost. Task completed by: LHB © 1988 - [HE AML~R[CAN INSTITUTE PI: ARCHITECTS, 17~5 NEW YOP, K AVENUE~-, N.W,, WASHINGTON, D.C., 2CXX36-5292. AIA DOCUMENT B~'2i - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA~ - WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced w~th permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, e~piration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, User Document: O4146a8033104 columbia heights tif.aia - 3/31/2004. AIA License Number 1010664, which expire~ on 5/S/2OO4. I;lectronic Format B727-1988 F, Prepare a final report outllnin~ findings_: · Pr_._epare a tabulated spreadsheet of the entire or~l~osed district I~_r_o.oerties conditions, = _~pare a written narratiye analysis of the redevelopment district describina why the 13ro~ert,/within the distr .ct does or does not me. et the criteria as "structurally substandard" as establish~l in Minnesota Statutes Section 469,174~ - This analysis will take int~ consideration factors independent of the il3dividual structure ins~ec.tions, and shall include. derelicts ir{ the overall urban environment. = Deliver final repeals to City staff and oresent findin.q~ to City council 9r Plan Commission if re(]uired. Task comoleted by: LHB ~-TgB8 - THE AMERICAN INSTITUTE OF ARCHITECTS, U3b NEW YORK AVENUE, N.W., WASHINGTON, D.C., 2-000~-5292. AIA DOCUMENT-~727 - OWNER-ARCHITECT AGRI[F. MENT - 1988 EDITION - AIA® - WARNING: unlicensed photocopying violates U.S. copyright laws and will subjec~ the violator to legal prosecution. This document was eledronically produced with permission of the AIA and can be reproduced in accordance with your license without violation .untit the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration ac noted below. User Document: 04146ag033104 columbia helght~ fif.aia - 3/31/2004, AIA License Number 1010664, which expires on 5t5/2004. Electronic Format B727-1988 3 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information X~luirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to on the accuracy and completeness thereof. 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representalive shall render decisions in a timely manner pertaining to documen.ts_submit.ted b~, ~e Architect in order to avoid unreasonable delay in the oraerr/ and sequential progress of the Architect's services. ARTICLE 3 USE OF ARCHIT£CT'$ DOCUMENTS 3,1 The documents prepared by the Azchitect for this Project are instruments of the Architect's service For use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retaln all common law, statutov/and other reserved rights, including the copyright. The Owner shall be pemlitted t,o retain copies, including reprodudble copies, of the Architect s documents for thc Owner's information, reference and use in connection ~4th the Project. The Ambitect's documents shall not be used by the Owner or others on other projects, for additions to this Proiect or for completion of this Project by others, unless the Architect is adjudged to be in default m~der this Agreement, except by a.~em, entm writing and .with appropriate compensation to the Architect. _T_o the extent_the ~nstruments of~.~orvice are modlfietl= sunn~emented or otherwise altered by the Owner. Subseauent Design Professional. or a~v_other nartv, the Owner aqrees .tO indemnify, t~ef~nd and hold the__ Architect ~arm!e_~s for any c~aims, demands, darnaoes or aauses 0[ action ari~ino out of ~uch .modification. supplementation or_alteration. ARTICLE 4 MI=DIAT[ON UnLess the ~arties mutua,v aaree_othe~vise, the ~artie~_' ~_hal~ endeavor to settle disp.~tes by mediatioruAn__, accordance with the Gonstruction [nd~tstrv Mediation R.ules of ~e Amer*can Arbitration. Association currently in effect at the_time ot the disD~te. A demand for mediation shall be filed, in writing, within a reasonable neriod of time after a claim, dispute or_other matter in euestion has_ ~ari~en. In no event ~hall_2a demand for mediation_bo_ made after the date when the institution of. le._oal or eeuitable oroceedin._cts, based u~en such a clairnn, dL~to_ or other rnatter in euestion, would have been barred by an applicable statute of limitation. 4~- ~, ,4amen4 -for aEa?,,'av:cn =ha!! -~ ma~c ~;~ ~ - ARTICLE 5 TERMINATION OR SUSPENSION 5.1 ~his Agteement may be terminated LT' either party upon not less than seven days' written notice should the other party fait substantially to perform in accordance with the tar ,ms of this Agreement through no fault of the party initiating termination. ~D 1988 - THE AlVJ~.RICAN INSTITUTE OF ARCHIT[CT$, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292YAIA DOCUMENT rl727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration as not;ed below. User Document: 04146ag033]04 columbia heishts tif.aia -- 3/31/2004. AIA License Number ]O10664, which expires on 5/5/2004. £1ecironic Format ~727-1988 4 5.2 If thc Owner fails to make payment when due the Architect for aery/cea and expenses, the Architect may. upon seven day~' written notice to the Owner, ~uspend performance of services under this A§reement. Unless payment in full is received by the Architect within se~en days of the .date o£.the notice, the suspension shall lal~ effect withouL hirther not~ce. In the evenl o/a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner bec__~-se of such suspension of services. 5.3 In the event of termination not the fault of the Architect. the Architect shall he compensated For services perfonned prior to termination, together with Reimbursable I~met ~ ExFc:'zz ~ -to qbe ARTICLE 6 MISCELLANEOUS PROVISIONS fl.] Unless otherwise provided, this Agreement shall be governed i:qr the law of the principal place of business of the Architect, 6.2 Causes of action between the parties to this Agreement pertaining to acts or ratlines to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date payment is due the Architect purau~nt to Paragraph 8.4~ 6.]1 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal ~epresen/atives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants o£ this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 6,4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or ora]. This Agreement ma)' be amended only, by written instrument signed by both Owner and Architect. 6.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action Lu ~avor of a third patty against either the Owner or Architect. 6,6 Unless otherwise provided tn this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal o for exposure of persons to hazardous materials in any form at the Project site, including but not I{mi~ed to asbestos, asbestos products, polychlotinated biphenyl (PCB) or other to~c substances. ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.1 DIRECT PERSONNEL EXPENSE 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment t~xes and other staluiory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. 7.2 REIMBURSABLE EXPENSES 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Proiect For. .1 expense of uansponation and living expenses in connect/on with out-of-town travel authorized hy the Owner;, .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner, .7 renderings and models requested by the Owner, .8 expense of additional coverage or limits, including' professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; and .9 Expense of computer-aided design and drafting equipment time when used in connection with the Project. CD 1988 - THE'AMERICAN INSI'ITUTE OF ARCHII~.CTS, 1735 NEW YORK ^VENUES-N.W., WASHINGION, D,C., 20006-5292. AIA DOCUMENT B727 - OWMER-ARCHIT£CT AGREEMENT - 1988 EDITION - AIA~D - WARNING'. Unlicensed photocopyinR violate~ U.S. copyright laws and wil} subject the violator to legal prosecution. This document was electronically produced with permission of the AIA end can be reproduced in accordance with your tJcense w thout violation, urltil the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration ns noted below. User Document: 0414~aR033]04 columbia heights tif.nin .. 3/31/2004. AIA License Number ~010664, which expires on 5/5/2004, Electronic Formn! B7274988 5 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES 7.3.1 Payments on accotmt of the Architect's se .r~dces and [or Rchnbuv~able Expenses shall be made monthly upon presentation oft. he Architect's statement of services rendered or as otherwise provided in this AgreemenL 7.3.2 An initial payment as set forth in Paragraph 8a is the minimum payment under this Agreement. 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Records of Reimbursable Expenses and expenses pertaining to services performed on lhe bash of a multiple of Direct Personnel Ex~nse shall be available to the Owner or Lhe Owner's authorized representative at .mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF eZero Dollars (s _0_0 ) shall be made upon execution of this 'Agreement and credited to the Owner's account at final payment. 8.2 COM~PENSATION FOR THE ARCHITECT'S SERVICES. as described in Article l, Architect's Services, shall be computed as follows: (l~tl ham's of COIlSaellsadon, ~'ncJud~g su'pulate~ $~$ mul~lvlex or l~e. reentages, and iden~F/ the sen,i~t to whidJ pat~d~ merhod~ ,,f ccwapeusatian ~oaul~, if This Dr_eject will be hilled on an houri,/basis with a maximum budget of Eight Th.o. usand~'wg Hundred Thirty Oollal~ ($8.230). plus reirobursable e.xmenses. The Architect will not exceed thisJamount without prior written coos.ent of the Owner (see attached propo.~al dated M~rch 31. 2004. for specific hourly rates3 8.3 FOR REIlVEBURSABLE F_.XPI~NS'ES, as described in Article 7, and a.ny other items included in Article :9 as Reimbursable Expenses, a multiple of one ( ~.O ) times the mcgenses incurred by the Atchhect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable hi~ ( 30 ) days from the date oflhe Architect's invoice. Amounts unpaid sixty ( fi0 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to thne at Lhe principal place of business of the Architect. Annual interest rate of eight oement (8.0%) or_0,67% oer month. {lhuO'laws and mluhrmeats under the Federal .Tt~.a in .I~. 'o8. Act dmiiE staq aud,l, .~, c~,., .s~er .~d. ig Ia? ~.d. o!het, te~u.. .la~i~, s at, ,t~ O.w~? ~ aud.,Arc~'t~t's datetiol~ ot zaodi~caob~; ,md id. to te~ardiag other ~jum~ment~ tacn 8.5 IF THE SCOPE of the Project or or' the Architect's services is changed materiaib/', the amounts of compensation shall be equitably adjusted. ARTICLE.9 OTHER CONDITIONS @.1 LIMITED LIABIkITY ~[9 the maximum extent permitted by law, the Owner ~gree$ to limit the Architect's liability.f, or the Qwnor's damages to the amount of A~hitect's fee or sum of $~0,000 rn.agj~um, whichever is greater. ~ThJs limitation shall aoolv regardless of the cause of action or legal .tl~eon/oled or asserte~L 9.2 INDE~INIFICATIO~ The Architect and Owner mutually agree._to the fuitest extent, permitted by law [o indemnify and hold each other harmles~ fronrl damage, liability or cost, including reasonable atLorne~v's_fees and cost of defense, adsin_cLffOm their own negligent acts, errors or omissions in the DerformarLce of their services or oblioa];ions under this Agreement, to th.e extent that each party i~ responsible for such dama.~es, liabilities and co~'~, opa comparative basis of faulL O 1988 - tHE AMERICAN INSIIIUTE OF ARCHITECTSo I1.~:~ NEW YORK AVENUE. N,W,, WASHINGTON, D.C., 20006-5297. AIA DOCUM£NT-B727 - OWNER-ARCHITECT AGREEMENT - lg88 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to lesal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: 04146agO3:q04 columbia heights tif,aia - 3/3112004. AIA License Number 1010664, which expires on 5/5/2004. Electronic Format B727-1908 $ 9.3 LEGAL COUNSEL LHB and the City_. acting throLL_ah the City's legal representative, will, to the fullest reasonable extent, cooperate and coordinate efforts in oreoarino necessary_ responses to any third party_ challe_a0.Pm/o_tbe_inso_~'c_tJoJ3s, The City. agrees to Day LHIB it's regular hourl¥__rate_s far time spent as a result of a third party_ _E.a. al_cJ~leo_ee_, ~MS FOR CONSEQUENTIAL DAMAGES The_Architect and the Owner waive consequential damages_for cjeims, disputes or other matters in auestion arisina out of or r~Ji~ting to this Agreement. This mutual waiver is a_ .m3JJ_cable~,~ithout limitation, to_a. I! conseauential damages due to _e_jther party's termination in accordance with. Article 5 - Termination or Sus0ension. This Agreement entered into as of the day and year l~t written above. OWNER ARCHITECT Walter R. Fehst, executive u]rec~or_ MICHAEL FISCHER PROJECT PRINCIPAL, LHB © lg88 - THE AMERICAN INSTITUTE OF ARCHIIECT5, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C., 2OOO6-5292:-AIA DOCUMENT E1727 - OWNER-ARCHITECT AGREEMENT - lg88 EDITION - AIA® - WARNING; Unlicensed photocopying violates U.S. copyright laws and will subject the violator to leRal prosecution. This document aras electronically produced with permission of the AIA and can be reproduced in accordance wilh your license withour violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as holed below, expiration as noted below. User Document; 04146a~033104 columbia heights liLaia -- 3/31/2004. AIA License Number 1010664, which expires on 5/5/2004. Electronic Format B727-1988 7