HomeMy WebLinkAbout2017-28282017 -2828
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made on this 27th day of
November, 2017, by and between Columbia Heights Leased Housing Associates III, LLLP, a
Minnesota limited liability limited partnership ( "Owner ") and the City of Columbia Heights, a
municipal corporation under the laws of the State of Minnesota (the "City ") (Owner and City are
sometimes hereinafter, collectively, the "Parties ").
WITNESSETH:
WHEREAS, the Parties have entered into a Development Contract for Grand Central
Flats (the "Development Contract ") dated as the 27th day of November, 2017, relating to the
construction and development of a multi - family apartment complex by Owner, on the real
property owned by Owner, located at 1069 Grandview Way and 4729 Grand Avenue NE,
Columbia Heights, Minnesota and legally described on Exhibit A attached hereto (the
"Property ");
WHEREAS, pursuant to the Development Contract, certain on- street parking will be
located along the eastern side of Grand Avenue Northeast between 47th Avenue Northeast and
Grandview Court Northeast, in the location depicted and identified as "Fourteen (14) Parallel
Parking Stalls" on Exhibit B attached hereto (the "Street Parking "), and Owner will be
responsible for the maintenance and repair to, and snow removal from, such Street Parking; and
WHEREAS, pursuant to the Development Contract, the Parties have agreed to enter into
this Agreement, to provide for such maintenance and repair to, and snow removal from, the
Street Parking in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the Parties hereto and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. Design and Construction. Owner, at Owner's sole cost and expense, will be
responsible for the design, construction and installation of the Street Parking, in accordance with
the "Development Plans" (as that term is defined within the Development Contract) or as
otherwise approved in writing by the City. Owner shall obtain all permits and approvals that are
required by the City in connection with the construction and installation of the Street Parking,
and the City shall inspect the work to confirm that it is in conformity with City street parking
standards.
2. Maintenance. Once the Street Parking has been constructed, and during the term
of this Agreement, Owner will be responsible, at its sole cost and expense, for the routine
maintenance, repair, replacement and restoration of the Street Parking. Without limiting any of
the foregoing, specifically included in Owner's obligations under this section related to the Street
Parking are snow removal, asphalt and curb repair and replacement, striping and restriping of
parking spaces, and the maintenance of any signs within or serving the Street Parking.
3. License. The City hereby grants Owner, its assigns, contractors and employees, a
license to access the Street Parking for purposes of carrying out its obligations under the terms of
this Agreement.
4. Right to Perform. Without limiting any other provision of this Agreement, if
Owner is in continuing default with respect to its obligations to maintain the Street Parking in
accordance this Agreement, the City shall have the right, but not the obligation, to cure such
default by the payment of money or the performance of some other action, subject to
reimbursement of such expense by Owner; provided, that the City, acting in good faith, shall
have the right to cure such default upon such advance notice to the Owner as is reasonably
possible under the circumstances or, if necessary in the case of emergency, without advance
notice, so long as notice is given as soon as possible thereafter. In the event the City shall cure a
default, the Owner shall reimburse the City for all reasonable out -of- pocket costs and expenses
incurred in connection with such curative action, plus (i) ten percent (10 %) thereof as
compensation for administration, overhead and other non - out -of- pocket costs, and (ii) interest at
the an interest rate equal to the lesser of (y) the "Prime Rate" in the Wall Street Journal under the
heading Money Rates, plus 4 %, and (z) the maximum lawful rate of interest, within ten (10) days
of receipt of demand, together with reasonable documentation supporting the expenditures made.
In the alternative, the City may in whole or in part, specially assess against the Property any of
the costs and expenses incurred by the City under this Section; and the Owner hereby waives any
and all procedural and substantive objections to the performance of the City's work hereunder
and the special assessment resulting therefrom.
5. Notices. All notices required or permitted to be given hereunder shall be given in
writing. A notice or other communication shall be deemed to have been given and shall be
effective, (i) if delivered by hand, when physically received by the party to whom notice is being
delivered, or upon such party's refusal to accept delivery, or (ii) if delivered by an overnight
delivery service or by United States certified mail, on the date such notice or other
communication is deposited with the overnight delivery service or deposited in the U.S. mail
postage prepaid addressed to the other party, whichever occurs earlier. As of the date of this
Agreement, the notice addresses for the Parties are as follows:
City: City of Columbia Heights
Attention: City Manager
590 40th Avenue N.E.
Columbia Heights, MN 55421
Owner: Columbia Heights Leased Housing Associates III, LLLP
c/o Owen Metz, Authorized Representative
2905 Northwest Blvd., Suite 150
Plymouth, Minnesota 55441
with copy to: Winthrop and Weinstine
Attn: John Nolde
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
6. Successors and Assigns. The obligations of Owner hereunder shall run with the
Property. This Agreement shall be binding upon and inure to the benefit of Owner and the City
and their respective successors and assigns.
7. Severability. If any provision of this Agreement is invalid or unenforceable, such
provision, if feasible, shall be deemed to be modified to be within the limits of enforceability or
validity; if, however, the offending provision cannot be so modified, it shall be stricken and all
other provisions of this Agreement in all other respects shall remain valid and enforceable.
8. Headings. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
9. Entire Agreement; Amendment. This Agreement, including the Exhibits,
contains the entire agreement between the parties pertaining to the subject matter hereof and
fully supersedes all prior written or oral agreements and understandings between the parties
pertaining to such subject matter. This Agreement shall not be modified, amended,
supplemented or revised, except by a written document signed by both parties.
10. Recitals /Exhibits. The above recitals are true and correct and constitute an
integral part of this Agreement. All exhibits referred to in and attached to this Agreement are
incorporated in and made a part of this Agreement.
11. Controlling Law. This Agreement shall be construed, performed and enforced in
accordance with the laws of the State of Minnesota.
12. Counterpart Signatures. This Agreement may be executed simultaneous in two
or more counterparts, each of which shall be deemed an original, and all of which together shall
constitute on and the same instrument.
[Signatures to appear on following page]
IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement as of
November 27, 2017.
CITY:
CITY OF COLUMBIA HEIGHTS
a Minnesota municipal corporation
By: k �' ��l
Donna Schmitt, Mayor
'0�
By. i ,
Walter Fehst, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this �W day of November,
2017, by Donna Schmitt and by Walter Fehst, respectively being the Mayor and City Manager of
the City of Columbia Heights, a Minnesota municipal corporation, who executed the foregoing
instrument on behalf of said municipal corporation.
211
Notary Public
°b SHELLEY SUE HMSON
:. NO'ARY PUBLIC - MINNESOTA
My Comm'ss'On r
�PI� es Jan. 31, 2021
IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement as of
November 27, 2017.
OWNER:
COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP
a Minnesota limited liability limited partnership
By: Columbia Heights Leased Housing Associates III, LLC
a Minnesota limited liability company
Its: General Partner
By:
Name: Owen Metz
Its: Authorized Representative
STATE OF MINNESOTA )
�-� Z nrt ss.
COUNTY OF "' )
The foregoing instrument was acknowledged before me this 21 s e day of November
2017, by Owen Metz, the Authorized Representative of Columbia Heights Leased Housing
Associates III, LLC, a Minnesota limited liability company, which is the General Partner of
Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited
partnership, who executed the foregoing instrument on behalf of said limited liability limited
partnership.
$ PERRY J KOCH
Ta3RY PUBLIC
MINNESOTA
", 4 Ec m inn EgAMJan_ 3'' 2022 Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Barna, Guzy & Steffen Ltd. (TRW)
400 Northtown Financial Plaza
200 Coon Rapids Blvd.
Coon Rapids, MN 55433
Telephone: (763) 780 -8500
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in Anoka County, Minnesota, legally described as follows:
Parcel 1:
Lots 1 and 2, Block 1, Grand Central Lofts, according to the recorded plat thereof, Anoka
County, Minnesota.
Parcel 2:
Outlot A, Grand Central Lofts, according to the recorded plat thereof, Anoka County, Minnesota.
Abstract Property
EXHIBIT B
DEPICTION OF PARKING AREA
See attached on the following page.
a8 ■ x
N 02
mc�< €w s Q
t
]t�3;4aa� 61��sb��p�ps$at��ia�a „ �gprE�tg {�g�s � g qQq
t @aR;$ §� �ar�Ea'Sitf 3E: •S. 9l���8g9�� � � k
3
m
`I
0 5
X33 °e
Wigg:
HMI 7
. i
Rt I m� - LL, r
r2 -6 W N
o
3 g
m
m �
I
t
mg
U
w
c �?
R f�j
alto p�
N i<
V
��a
La .
4
C)
0
COO
ti
CD
C%4
CD
-M
E
O
Cf)
0
Z
4:T LL.
Cf)
F ,
r
CL 0
LU
W QQ
CO