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8. Depot Site Relocation: Lease Agreement.MEMORANDUM TO: Don Ashworth, City Manager FROM: Todd Gerhardt, Assistant City Manager ' DATE: April 18, 1996 �0 0 �C SUBJ: Consider Approval of the Lease Agreement between the City of Chanhassen/Bloomberg Companies for Relocating the Railroad Depot Attached for City Council's approval is the lease agreement with Bloomberg Companies �a regarding relocating the railroad depot on their property (see attachment #1). The basic terms of lease are as follows: 1. Terms of the lease - 25 veats /rate $ 2. City pays for all ci in good condition. 3. During the term of the lease, the city ackti Companies is entitled to include the railro surface for the purpose of calculating gree in connection with future development of 3 and must keep the property ledges that Bloomberg depot area's impervious pace and permeable surfaces subject property. 1s and the City established itself from.making improvements and then in the near future having to move off +he site; two, that Bloomberg Companies ensure the depot does not impact their rights'far future developmeni plans. Based on these assumptions, staff and Blootbft Companies have come to terms on proposed language and location to address each of these objectives. Staff recommends approval of the lease agreement between the City of Chanhassen and Bloomberg Companies for the relocation of the railroad depot. Attachments: 1. Lease agreement 2. Site plan/location map for depot gAadm ir. \tg \fflease.agr CITY OF W/ CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 CAMPBELL, KNUTS)ON , SCOTT & FUCHS , F . R Apr 1 S , 96 8 :07 No . 002 P.02 .EASE AGREEMENT THIS LEASE AGREEMENT dated , 1996, by and between BLOOMBERG COMPANIES, a Minnesota corporation ( "Landlor(V) and the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Tenant "), RECITALS A, Landlord is the fee owner of the real property described on Exhibit "A ". B. Tenant desires to construct and operate a railroad depot on a portion of the property described on Exhibit "A" adjacent to the railroad right of way. C. To memorialize the mutual understanding of each parties' rights and obligations with respect to the construction and operation of the railroad depot, Landlord and Tenant have executed this Lease Agreement. NOW, THEREFORE, Landlord and Tenant agree as follows: X. Grant of Lease. In consideration of the mutual covenants and agreements hereinafter set forth, the Landlord does hereby lease to Tenant and the Tenant does hereby rent from the Landlord the land described in the attached Exhibit "B" ( "Subject Property"). 2. Term. 2.1 This Lease Agreement shall continence on the , 1996, and shall terminate on the day of day of 2021, 34062.04 4 l 04/17 ,� J C H t'- 1FBELL , K111 JT:.Ohd , S:C0TT 8 FUCHS , F . H R r 18 . ' =it _ :Vii: hdi i . JI- F' . Ci.' ' unless sooner terminated in accordance with the other terms of this Agreement. The t Subject Property shall be made available to Tenant for construction purposes on the date of commencement of this Lease Agreement. ' 2.2 Notwi - ♦:�Jing any other provision herein to the contrary, and provided ' the Chanhassen City Council has formally approved development plans that require ' removal of improvements made by Tenant under this Agreement, Landlord may notify Tenant in writing that Tenant has sic (b) - months from the date of such notice to vacate ' the Subject Property. Prior to such vacation, Tenant shall remove all improvements ' Tenant made to the Subject Property, including the removal of the railroad depot from the Subject Property. It is understood by Landlord and Tenant that the location or removal of any tenant improvements upon the Subject Property (including the Railroad ' Depot and related facilities) shall not be a factor in the review and approval of ' Landlord's development plans. ' 3. Rent and Utilities. 3.1 Tenant agrees to pay Landlord as rent the sum of $1.00 which constitutes ' the rent payment due for the entire term of this Lease Agreement. By executing this ' Lease Agreement, Landlord acknowledges receipt of the rent payment due. 3.2 Tenant shall be responsible for all utility costs and fees, including hook- ' „ up charges, connection fees and periodic usage billings. Utilities „ includes gas, ' electric, telephone and cable television. 34062.04 04/17/96 2 C:Ht lF'BELL , t tdUT': =.ON , SC0TT ', FUCHS , F . R 4. Construction of Improvements. 1 c . i_, _ : i=i c{ PI . Ci i = F' 4.1 Tenant shall construct a railroad depot on the Subject Property at Tenant's expense in accordance with the plans on file with the Tenant dated 4.2 Tenant shall be responsible for all necessary site work for the construction of improvements on the Subject Property, including site clearing, grading and excavation. 4.3 Tenant agrees to proceed to complete the development and construction of the railroad depot in a good and workmanlike manner in accordance with the plans and specifications described above. Tenant shall construct the railroad depot entirely on the Subject Property, so as to conform with all applicable environmental building and zoning laws, regulations, codes and ordinances. 4.4. During the term of the Lease Agreement, Tenant acknowledges that Landlord shall be entitled to include the area of all impervious surfaces on the Subject Property for the purpose of calculating green space and permeable surfaces in connection with the development of the tax parcel in which the Subject Property is located. All impervious surfaces created by Tenant shall be considered permeable surfaces for any development proposal by Landlord during the term of this Lease Agreement, 34062.04 04/17/96 3 CWIFBELL , KNUTSON , SCOTT '( FUCHS , F . R Rpr 18,9 t : i = i =a N OCi F 5. Changes and Alterations. 5.1 Tenant shall have the right, at any time and from time to time during the term of this Lease Agreement, to make, at its sole cost and expense, changes and alterations to any improvements on the Subject property, pursuant however, to the following conditions. 5.1.1 No structural change or alteration, involving in the aggregate an estimated cost of more than Sixty Thousand Dollars ($60,000.00), shall be made without the prior written consent of Landlord which consent shall not be unreasonably withheld, 5.1.2 No change or alteration shall be undertaken until Tenant shall ' have procured and paid for, so far as the same may be required from time to time, all required permits and authorizations necessary for changes or alterations. Landlord shall join the application for such permits or authorizations whenever such action is necessary at no cost to Landlord. 31061,11 4 ' 04/17/96 5.1.3 Any structural change or alteration, involving in the aggregate an estimated cost of more than Sixty Thousand Dollars ($60,000.00) shall be conducted under the supervision of a licensed architect or a licensed ' professional engineer selected by Tenant and approved in writing by Landlord and no such structural change or alteration shall be made except in accordance ' with detailed plans and specifications and cost estimates prepared and approved in writing by such architect or engineer, and approved in writing by Landlord (such approval not to be unreasonably withheld). ' 5.1.4 Any change or alteration shall be made promptly (unavoidable delays excepted) and in good and workmanlike manner and in compliance with ' all applicable permits, authorizations, building and zo 'Ing laws and with all applicable laws, ordinances, rules and regulations. ' 5.1.5 The cost of any such change or alteration shall be paid in cash by Tenant or its equivalent, so that the Subject Property shall at all times be free ' of any claims for mechanic's liens. 31061,11 4 ' 04/17/96 CHPIPElELL , KI'dUT 0hd , SS. C0TT 8, FUCH.`_ F . H Hp r 1 , cii_ : 10 [ - -1 i . [ C, -2 P 6. Repairs and Maintenance of the Subject Property, 6.1 Throughout the term of this Lease Agreement, Tenant, at its sole cost and expense, shall take good care of all improvements to the Subject Property, and shall beep the same in good order and condition reasonable wear and tear excepted, and make all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen. When used in this Section 6, the term "repairs" shall include all necessary replacements, renewals and alterations needed to maintain the railroad depot as a first class facility of its type. All repairs made by Tenant shall be at least equal in quality and class to the original work. 6.2 The necessity for and adequacy of repairs to improvements pursuant to this Lease Agreement shall be measured by the standard which is appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or injury to the Building. 6.3 Tenant shall keep and maintain all portions of the Subject Property in a clean and orderly condition. 6.4 Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations to the improvements located upon the Subject Property. Tenant hereby assumes the full and sole responsibility for the condition, 34062.04 04/17/96 5 CWIPEELL , K:t'dUTSOId , SCOTT R FUCHS , F . R Apr 1 S , 96 : 11 Nci . i_ii_i2 P . 0 ' operation, repair, replacement, maintenance and management of the Subject Property ' pursuant to the terms of this Lease Agreement. 7. Use. The Subject Property shall only be used by Tenant for a public ' I 'r_ ' Broad depot and uses incidental thereto in accordance with the terms of this Lease Agreement. ' 8. Assignment and Subletting. During the term of this Lease Agreement, Tenant may not, without the consent of Landlord, assign this Lease Agreement or any ' interest herein, or sublease all or any part of the Subject Property. Any transfer of ' the Landlord's interest in the Subject Property shall be subject to the rights of Tenant ' set forth herein. 9. Indemnification of Landlord - Use of Subject Property. Tenant shall indemnify and save harmless Landlord from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, charges, and expenses, included reasonable attorney's fees, which may be imposed upon or incurred by or asserted against Landlord in respect of any use, nonuse, or condition of the Subject ' Property created by Tenant or attributable to Tenant's use or manner of use of the ' SubjA ^t Property Lri lading any claim for payment of lallo or materials associated with the construction of any building or other improvements on the Subject Property. 34062.04 ' 04177/96 6 CH1 IFBELL , KNUTON , SCOTT & FUCHS a F . H H P r 1, _i E_, 11 1'J n. i_i .12 F. 10. Insurance. 10.1 Tenant agrees to keep the buildings on the Subject Property and the machinery contained therein insured with a good responsible insurance company or companies acceptable to Landlord for not less than $ 10.2 Tenant agrees to protect and save Landlord from any claims for injuries to property or person, or death, resulting from accident or other happening on the Subject Property, and to carry public liability insurance in the amount of $1,000,000.00 to protect both Landlord and Tenant and to furnish to Landlord, on its request, certificate to show such insurance in force. Landlord shall be named as an additional insured on the policy. Insurance coverage amounts shall be periodically increased so that insurance coverage is commercially reasonable at all times. 11. Compliance with Laws. Tenant shall not use or occupy the Subject Property in any manner which would cause any violation of any laws and ordinances affecting the Subject Property, and shall comply with all laws and ordinances affecting the Subject Property insofar as compliance becomes necessary by virtue of any act or neglect by Tenant in its use and occupancy of the Subject Property. Tenant shall make, at its own expense, any alterations or improvements required by law. 12. Landlord's Covenants, Representations and Warranties. 12.1 Landlord represents, warrants, and covenants with Tenant and its successors and assigns that: 1 34062.04 04/17/96 7 ' — HtIF ELL , KNUTSON a SCOTT FUCHS , P . H Rp r 1< , =; S : 12 Nc . is 2 F' ' 12.1.1 There are no leases, options, purchase agreements, rights to redeem, tenancy agreements, or rights of occupancy, written or verbal, and no ' person or patty has regarding the Subject Property that prohibit this Lease. Landlord has not been notified of any adverse possession claim. 1 time 12,1.2 Landlord has no knowledge that any person or entity has at any ' i. "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in ' connection with the Subject Property; or ' ii. taken any action in "response" to a "release" in connection with the Subject Property; or ' iii. otherwise engaged in any activity or omitted to take any action which could subject Landlord or Tenant to claims for intentional ' or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Subject Property, including ' the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et sue., as amended ( "CERCLA ") and ' any state environmental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, ' synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances ", "toxic substances ", "hazardous waste ", ' "pollutan. ", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. See. 9601 et seg., the Hazardous Materials Transportation Act, 49 U.S.C. ' Sec. 1801 gi seq., the Clean Water Act, 33 U.S,C. Sec. 1251 et sec ., any state laws regarding environmental matters, or any ' regulations promulgated pursuant to any of the foregoing statutes. 12.1.3 Installed, used, or removed any underground storage tank on or ' in connection with the Subject Property. 34062.04 ' 0411T/96 8 W- 1PBELL= K1.1UTSON, SCOTT & FUCHS, P Apr 18! S : 1 = [ 10 , C =) C- 1 21 P . 1 - 12,1.4 Landlord shall pay all real estate taxes and assessments covering the real property described on Exhibit "A" as the same become due and payable. 12.2 The covenants, representations, and warranties contained in Section 13 shall be deemed to beiwfit Tenant. All of Landlord's covenants, representations and warranties in this Agreement shall be true as of the date of this Lease Agreement. If Tenant discovers that any such covenant, representation, or warranty is not true, Tenant may elect to cancel this Agreement, which shall be Tenant's sole remedy for such disclosure. 13. Condemnation. 13.1 If at any time during the term of this Lease Agreement title to the whole or materially all of the Subject Property or improvements to be located thereon shall be taken by the exercise of the right of condenuiation or eminent domain or as otherwise provided above, this Lease Agreement shall terminate and expire on the date of such taking. Tenant shall not be entitled to any award or compensation for any portion of the fee simple ownership interest or for any value of the leasehold estate or interest. Tenant shall, in all respects, keep, observe and perform all the terms, covenants, agreements, provisions, conditions and limitations of this Lease Agreement on Tenant's part to be kept, observed and performed up to the date of such taking. For purposes of this Section 13 "materially all of the Subject Property or the improvements thereon shall be deemed to have been taken if the portion of the Subject Property or the improvements thereon not so taken cannot be so repaired or 34062.04 04 M96 g 1 ' C:H f - - 1PBELL , KNUTSON , SCOTT FUCHS , P . H Hp r 1 , 9 : 13 h o .002 F . 11 ' reconstructed as to constitute a complete structure capable of being operated as a ' railroad depot as required by the terms and conditions of this Lease Agreement. Tenant may be compensated for the value of any of Tenant owned improvement ' taken, provided that it shall not reduce in any way the award to Landlord. Tenant shall remove the improvements not later than date of taking. ' 13.2 If at any time during the term of this Lease Agreement title to less than the whole or materially all of the Subject Property shall be taken, as aforesaid, this ' Lease Agreement shall continue and Tenant shall promptly, except for unavoidable ' delays, at Tenant's expense, and subject to compliance with the provisions of Section ' 13 of this Lease Agreement relative to changes and alterations, restore the Subject Property and the improvements to be located thereon, to the extent as nearly as ' possible, to the condition and character immediately prior to such partial taking. All ' of the compensation collected by Tenant pursuant to this Section, shall be applied and ' paid over toward the cost of demolition, repair and restoration of such partial taking, substantially in the same manner and subject to the same conditions as those provided in this Lease Agreement with respect to insurance and other monies. The costs of ' such demolition, repairs and restoration shall be at the sole expense of the Tenant. 14. Right of Each Party to Perform Other's Obligations. Each party shall have the right at any time, after ten (10) days notice to the other party (or without notice in case of emergency or in case any fine, penalty, interest, or cost may ' otherwise be imposed or incurred), to make any payment (including, but not limited 34062.04 ' 04117196 10 CHh1FBELL . f;t'AUT`= ID [1 , ::COTT R FUCH'S , F . R HF- r 1 :c . ` C. _ 14 hJ o . C P . I'- ' to, the payment of real estate taxes or assessments) or perform any act required of such other party under any provision of this Lease Agreement, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney's fees. Nothing herein shall imply any obligation on the part of either party to make any payment or perform any act required of the other party, and the exercise of the right to do so shall not constitute a release of any obligation or a waiver of any default. The party exercising such right shall be reimbursed by the other party within thirty (30) days of payment. 150 Default. 15.1 Default by Tenant If Tenant shall default in its performance of or compliance with any of its obligations under this Lease Agreement and such default shall continue for a period of thirty (30) days after written notice of such default from Landlord (unless, in the case of any default which cannot with due diligence be remedied within such thirty (30) day period, a course of action to remedy the same shall be commenced by Tenant within such period and shall thereafter be prosecuted with diligence and continuity), or if Tenant shall be adjudicated a bankrupt or insolvent or make an assignment for the benefit of creditors, then, in the event of any such situation, Landlord may, at its option, lawfully enter into and upon the Subject Property or any part thereof and repossess the same and evict Tenant and all persons claiming under and through Tenant, and remove any effects, forcibly if necessary, without being guilty of trespass and without prejudice to any remedies which may be 34062.04 1 04/17/96 1 I CI ' CRMPBELL , KNUTSON , SCOTT & FUCHS , P . A Apr 18 96 15 tdr . 002 P . 1.' ' available for arrears of rent or for Tenant's breach of covenant, and upon entry as aforesaid, this Lease Agreement shall terminate and wholly expire. Upon the occurrence of any Event of Default by Tenant, this Tease Agreement shall be terminated and the Landlord shall be entitled to possession of the Leased Property, and all improvements, fixtures, furnishings and equipment. At its sole discretion, the Landlord may exercise any and all other remedies at law or equity allowed in lieu of or in addition to its contractual right to terminate the lease. 15.2 Landlord's Default ' 15.2.1 Landlord's failure to perform any term, covenant, agreement, provision or condition contained in this Lease Agreement and such default continues for a period of thirty (30) days. 15.2.2 Upon the occurrence of any Event of Default by Landlord, ' Tenant shall be entitled to pursue any remedy available to Tenant at law or in equity, including legal fees. ' 16. Surrender. 16.1 Tenant shall on the last day of the term hereof or upon any earlier ' on a entry re-entry b Landlord u termination of this Lease Agreement, or up any en y or ry y on p ' the Subject Property pursuant to this Lease Agreement, surrender and deliver to the ' Landlord the Subject Property. 16.2 Subject to section 2.2 of this Lease Agreement, all furnishings, fixtures ' and equipment installed in affixed to laced upon or used in connection with the >P P operation of the railroad depot shall become the property of Landlord upon ' termination of this Lease Agreement or surrender of the Subject Property to the 34062.04 04117/91, 12 CAMPBELL, K1 1UTSLN o SCOTT & FUCH , P . R Rp r 12.96 8:15 No . i00.2 F.14 ' Landlord. Tenant shall keep and maintain such furnishings, fixtures and equipment at all times throughout the term of this Lease Agreement in good and usable condition with all necessary replacements thereof, sufficient for the operation of the railroad depot, and shall deliver the same in such condition to Landlord as additional rent at termination of Tenant's tenancy hereunder. 163 Subject to section 2.2 of this Lease Agreement and upon the date fixed for the expiration of the term of this Lease Agreement or upon the sooner termination of the term thereof, as the case may be, the railroad depot, fixtures and furnishings shall automatically and without further act upon the part of Tenant or Landlord become the property of Landlord and title thereto shall vest in Landlord. 17. Holding Over, Any holding over by Tenant or any assignee or subtenant of Tenant beyond the expiration of the term of this Lease Agreement shall give rise to a tenancy from month to month at the same rent payable during the last month of the term of this Lease Agreement and all other provisions of this Lease Agreement shall continue. 18. Subordination. The interest of Tenant in the Subject property shall be subordinated to any mortgage placed upon the Subject property by Landlord. 19. Mortgages of Landlord's or Tenant's Interest. Landlord shall have the right to mortgage its respective interest in the Subject Property, and to assign, pledge, or hypothecate the same for any such mortgage. Tenant shall not have ,any rights to mortgage its interest in the Subject Property. 34062.04 04/17/96 13 1 L ' CWPIPBELL , I NUTSON , SCOTT & FUCHS , F . R Hp i 1' , ` af , : 1 N . 0 '? F' . 15 ' 20. Notices. All notices and other communications to be given hereunder by either party shall be in writing and shall be mailed, postage prepaid, by first class, certified, or registered mail, return receipt requested, to the other (and the date of any notice by certified or registered mail shall be deemed to be, the date of certification or ' registration thereof), delivered or addressed to the parties as follows: or at such other address as either party may designate to the other by written notice in the manner provided above. 21. Modifications; Changes. Neither this Lease Agreement nor any term or provision hereof may be changed, waived, discharged, or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge, or termination is sought. 22. Memorandum of Lease. Landlord and Tenant agree to execute a Memorandum of Lease that shall be recorded at the appropriate state and county office. The cost of recording the Memorandum of Lease shall be the responsibility of Tenant. 34062.04 04/97/46 14 ' AS TO TENANT: City of Chanhassen 690 Coulter Drive ' Chanhassen, MN 55317 AS TO LANDLORD: Bloomberg Companies ' 525 West 78th Street P.Q. Box 730 Chanhassen, MN 55317 ' or at such other address as either party may designate to the other by written notice in the manner provided above. 21. Modifications; Changes. Neither this Lease Agreement nor any term or provision hereof may be changed, waived, discharged, or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge, or termination is sought. 22. Memorandum of Lease. Landlord and Tenant agree to execute a Memorandum of Lease that shall be recorded at the appropriate state and county office. The cost of recording the Memorandum of Lease shall be the responsibility of Tenant. 34062.04 04/97/46 14 CHh1F'EELL , k:l'dUTSON , SCOTT S, FUCHS , P . R R p r 1 '_+ i 16 I`d ii . i1 =i'�� F . 1 i 23. Successors and Assigns. The terms, covenants, and conditions of this Lease Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 24. Counterpart. The Lease Agreement is executed, for the convenience of the parties, in several counterpart originals, each of which is in all respects similar to the other and complete. 25. Paragraph Headings. The paragraph headings contained herein are inserted only for convenience of reference and are in no way to be construed as a part of this Lease Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 26. Laws Applicable to Construction. This Lease Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first above written. TENANT: CITY OF C HANHH ASSEN IM Donald J. Chmiel, Mayor (SEAS,) 34062.04 04/17/96 B y ; Don Ashworth, City Manager /Clerk 15 ' C HP9FBELL , KNUTSON , SCOTT & FUCHS , P . H STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) X11 ' 1 BLOOMBERG COMPANIES By: Its By. Its The foregoing instrument was acknowledged before me this day of , 1996, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and Landlord Manager /Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 34062.04 04/77/46 16 C:Hh- iFBELL , 1 [1UTSIDN 1 SCOTT FUC:HS , F . R STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) IS Pd o . 0 J F . 1 The foregoing instrument was acknowledged before me this day of 1995, by and , the -- and of BLOOMBERG COMPANIES, a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (512) 452 -5000 JRW 34062.04 1 7 04/17/76 1--H1 1:,'N-TS�ON, SCOTT & FUCHS, P.A APr 18,-f - 8:1 No.00' P.19 I EXHIBIT "All to LEASE AGREEMENT Legal Description [entire property legal description] 34062.04 04/17/96 18 FW K1 SCOTT & FUCHS, P.R A P r 1 � =i 1-3 119 No.000 F. U EXHIBIT "B" to LEASE AGREEMENT Legal Ducri "W—gf-Mlect Property [portion of legal description that City is leasing] 34062.04 04/I7/96 19 ♦ . -r s q , w Revised Site Plan C H A N H A S S E N DEPOT ©© xais;ngton Koegler Group Inc. a 1 Chanhassen, M'mnesota ®® J MEMORANDUM C I "K'"i Y CAF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Charles Folch, Director of Public Works DATE: April 16, 1996 SUBJ: Approve Plans and Specifications for Well Pump House No. 7; Authorize Advertising for Bids - City Project No. 94 -3 -2 Attached are the plans and specifications for Well Pump House No. 7, Project No. 94 -3 -2 to be located on Lake Lucy Road in the Brenden Pond subdivision. As I'm sure the City Council is aware, a contract was awarded last fall for the actual drilling and casing of the well point. This well drilling contract is very near completion. The next step is to construct the building which will house the well pump, motor controls and related appurtenances. As indicated in the project engineer's letter dated April 15, 1996, the test pumping of this new well has greatly exceeded initial expectations. The design for all of the plumbing, mechanical and electrical aspects of the well house have been sized accordingly. This is a clear example of why it is advantageous to split the well drilling and well house construction work into separate contracts since the pumping capacity information is vital to sizing the mechanical and internal appurtenances of the well house. As mentioned previously, this well is situated on the south side of Lake Lucy Road in the Brenden Pond subdivision. One of the concerns raised by the developer of Brenden Pond during the property acquisition negotiation for the well house was that it be constructed in a style so as not to detract from or devalue the homes to be constructed within the neighborhood. These homes have a base price starting in the low $300,000. Accordingly, the exterior treatment to the building has been styled in a similar fashion to that implemented with the Upper Bluff Creek sanitary sewer Lift Station No. 24. Look -alike (fake) windows have also been incorporated to make the structure compatible with the homes in the neighborhood. Two other key design elements have been incorporated into this project. The first involves providing additional floor area and associated appurtenances for the installation of a future gas- Don Ashworth April 16, 1996 Page 2 powered generator. The concept of providing for standby generation at key or strategic municipal infrastructures such as water supply wells is being supported and recommended by the Metropolitan Council as an important element of Emergency Preparedness Plans. Standby generation is being implemented by a number of metropolitan communities. The high pumping capacity of this well makes it an ideal candidate for standby generation should the City Council decide to implement this in the future. Therefore, the well house has been sized and the appropriate mechanical and electrical features included to allow for future installation, if necessary. Based on the current project schedule, it is not likely that this well house will be completed in time to be on line with the City's water supply system for this summer's high water demands. However, provisions have been included in the plans to provide for temporary pumping of water from this well point into the water supply system this summer should we have a hot and dry summer producing water demands greater than the supply. The estimated construction cost for construction of the well house and associated appurtenances is $354,245. This contract amount, along with the previous drilling contract of $180,000, land acquisition and engineering costs, is anticipated to be within the program amount of $700,000 for this project. It is therefore recommended that the plans and specifications for well pump house No. 7 dated April 12, 1996, as prepared by Bonestroo & Associates, be approved and that authorization be given to advertise for project bids, Project No. 94 -3 -2. ktm Attachments: 1. Location map. 2. Letter from Bonestroo dated April 1.5, 1996. 1 Plan sheets 1, 2, 3, 4 and 8. c: Dave Hempel, Assistant City Engineer Jerry Boucher, Utility Superintendent Dick Foster, Bonestroo Phil Gravel, Bonestroo g:\en&har les\cc \we ll7 h se.d oc o LOCATION MAP 0 o p p o 0 0 o p �: ,1 � x g o p o 0 0 o p CY M MY N p •N /� N N N (+Y N t lw N N M I AN R R0. f `•`� I �] R EE L AKE 'REGIONAL !I U ' i . 'A N FIELD I A . SHU n t WE" 1 I -1-- No .7 Jyo .9 111g; X Ems BONESTROO ASSOCIATES Bonestro® Rosene rAnderlik & Associates Engineers & Architects April 15, 1996 Mr. Charles Folch City of Chanhassen 690 coulter Drive, PO Box 147 Chanhassen, MN 55317 Re: Plan and Spec Approval Pumphou.se No. 7 City Project 94 - Our File No. 39323 Dear Charles: 1 6126361311 04/16/96 14:40[5 :02102 NO:220 ' P'rfl,�r rh. l'.)f li5 ( J?rirUr 17. • Jo r { h i:. 1 rdc !. r_ Y.Irvm J t%lI r F. • , h!t rix" C Tur nr' f L •Cdr , !e CUan h. I'I,Ur rt, F. N yen r'.F inUet[ C' %(r, Jeury A. Gourrh'+r I !'. • Ilct! s rt W k'c.,rnr, i'r nrtl ..u%A'r rs EGrr!i rt, c VA_ Seri r <. , ,u,tent% A % Plin<gmjd HOW m) A 4ultul:f, f•I• . K6111 A. Gortlnn, FIE + IaiiicrI fi. Prrin CC. Rir.lr, tC fu,!'r 1! 11�hlcl C� r,'rh.Iel, P.C. • t,U-. -&k A.!.A.. i'Al k A lienervl. }'F +nlrrt, r Iw ,r „ r I ,, a r t'I rs r r fIlit S.. hl1Jl III J R- ?1" i, . f J('11LI0,1, lLl Attached for your approval are final plans and specifications for the' Well No. 7 Pwmphouse. The estimated construction cost for the pro is $364,245.00 as shown on the attached cost estimate. Wells of this type are expected to produce approximately 1000 gallons per minute (GPM) similar to the existing Well Nip. 3. The actual test pumping of this new well i` projec:ting a 2000 GPM capacity. The design of this well house has taken into account this hither pumping capacity with respect to pump sizing motor control equipment and electric. service, The high flow capacity of this well will likely reduce the ultimate number of wells needed for the City. The design for this building also provides enough area for future installation of a natural gas engine for emergency back up. Future installation of this type of engine could aLso be used for shaving peak electrical costs. The tentative project schedule is attached for review. The pumping facility cannot be completed in time to meet this summer's water demands. However, the project includes an alternate for installing a temporary well pump and motor starter to provide water froili the well should it be needed. We recommend that you approve the plans and specifications and authorize advertisement for bids. The proposed bid opening date is May 17, 1996. Contact award could he at the May 20, 1996, City council meeting. Feel free to contact Phil Gravel or me if you have any questions or require any further assistance, Sincerely, 13ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. i Faster, P.L. RWF.gs Attachments L I u COST ESTIMATE CHANHASSEN PUMP FACILITY NO.7 Our File No. 39323 Item Unit Quantit Unit Price Total Bond/mobilization LS 1 $10,000.00 $ 10,000.00 12" DIP FT 40 75.00 3,000.00 4" PVC FT 20 16.50 330.00 12" - 45 bend EA 2 645.00 1290.00 12" x 6" tee EA 1 975.00 975.00 6" G.V. & box EA 1 600.00 600.00 6" Hydrant EA 1 1200.00 1200.00 6" D.I.P. L.F 5 20.00 100.00 Common fill CY 2,000 5.00 10,000.00 Granular fill CY 500.00 6.50 3,250.00 Drain MH LS 1 2,000.00 2,000.00 Provide topsoil CY 200 8.00 1,600.00 Class V gravel TN 52 25.00 1,300.00 Bituminous base TN 10 50.00 500.00 Bituminous wear TN 10 50.00 500.00 Sod SY 2,000 4.00 8,000.00 Division 2 - Earthwork 5,000.00 Division 3 - Cast -in -Place Concrete 32,000.00 Division 3 - Precast Concrete 7,000.00 Division 3 - Masonry In -Place 29,800.00 Division 6 - Rough Carpentry 2,200.00 Division 6 - Wood Trusses In -Place 4,500.00 Division 7 - Insulation 800.00 Division 7 - Roofing/Shingles 3,600.00 Division 7 - Soffit/Fascia 2,400.00 Division 7 - Skylight 900.00 Division 7 - Sealants/Caulking 600.00 Division 8 - Doors, Frames, Hardware 4,400.00 Division 8 - Windows 6,000.00 Division 9 - Painting 4,600.00 Division 11 -Turbine Pump Installed 42,000.00 Division 11 - Chemical Equipment Installed 12,000.00 Division 15 - 10" Meter/Valves/Piping 16,000.00 Division 15 - Interior Floor Drains/Miscellaneous Plumbing 6,000.00 Division 15 - Cooling Unit 3,200.00 Division 15 - Fans /Sheet Metal 6,000.00 Division 15 - Fire Sprinkler 600.00 Division 16 - Electrical /Controls 130.000.00 Total Estimate $364,245.00 PUMPHOUSE NO.7 CITY OF CHANHASSEN PROJECT SCHEDULE Action Council Approval of Plans & Specs Advertise for bids Bid Opening Contract Award Begin Construction Finish Building and majority of site work Facility Operational Finish minor site work 39323 /cost.est Date April 22, 1996 April 25, 1996 May 17, 1996 May 20, 1996 June, 1996 Fall, 1996 February 15, 1997 Spring, 1997 CITY OF 11 1111, 3 CHANHASSEN 4 :e e EN DEEP WELL NO. 7 g �a5 a I4OG iAk tl PUMPING FACILITY !za�t ?§ n CITY PROJECT NO. 94 -3 - s CITY COUNCIL e DONALD CHMIEL ................ MAYOR STEVE BERQUIST ........ COUNCIL MEMBER a � xm COLLEEN DOCKENDORF... COUNCIL MEMBER MICHAEL MASON........ COUNCIL MEMBER mlca< MARK SENN ............ COUNCIL MEMBER MP DONALD ASHWORTH........... MANAGER CHARLES FOLCH ..............ENGINEER JERRY BOUCHER.... UTILITY SUPERINTENDENT < a— SHEET INDEX `= 1 TITLE SHEET AND INDEX j 2 SITE GRACING PLAN 0- < 3 SITE LAYOUT AND LANDSCAPE PLAN Z ^ w 4 ARCHITECTURAL ELEVATIONS w LJ 5 ARCHITECTURAL PLAN AND BUILDING SECTIONS jn 6 ARCHITECTURAL DETAILS 7 STRUCTURAL PLAN AND SECTIONS i Q J B PROCESS PIPING / MECHANICAL 9 DETAILS 10 PIPING SCHEMATIC AND DETAILS = J ! Z w Q 3 11 ELECTRICAL FLOOR PLAN. DETAILS AND LINE DIAGRAM 12 ELECTRIAL SCHEMATICS AND DETAILS I U w 0 .. . . ....... � -- -- — \\ - ---- - - - - -- - - - - - - - - - - �___ ---- "17 - - -_ -- 9 0 -- \ 1 - -- —1\ — I I '•. Fri D ' Z 1 Z \ \o 1 3' \ 1 NO CHANHASSEN, MINNESOTA Sonestroo Eq;nacn aMCnll.cle K�Wmn wurt w� �cd -- _ DEEP WELL NO.. 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In r✓t CHAN MINNESOTA DEEP WELL N0.7 PUMPING FACILITY Pop,-ne And'erlik & SITE LAYOUT AND LANDSCAPE PLAN Associates I I I I I I I I I I j I I I I I I I I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S w 01T f - / - RIDGE vEM 1 CH9JNE CNI4NEY i EL 1013.67 BEMING RIDGE VENT EL 101].6) BEU2r+C SOEEIE EL 1009.00 SOlT a— ­NT E 1009.00 SOfFIE i ! hh l F � —No ELM 1' BEUtING l::i I sorrrt 6 �` � 50EE1E BRICK JOINT I Yl 9 E �� 1': EL 1001.00 -�; t EL 00100 b Ft � Y roR or' sLae S b I E S =? e yy — pp G 6 I I 3 I s tlj' I I I ^ I FL 9ee.00 z -� v . -v v NORTHWEST ELEVATION SOUTHWEST ELEVATION S scx4.. c N sR v _ /�icH sKtt1GM /—CH RIDGE VEM I O d V DHI4NEV � L y + p EL f01] e1 8 F/JUNG RIDGE VERi EL 1ot3.ez„ i � ; BVJUNG w1Fif EL 1009.00 BEMING Mm BRIG( JGM 1 O Q Lo EL 1001.00 FO1 0 1 5�t S�.e Fp O t'`! .G N b S I gO i z � I LLJ O _ f, z I-- r _ _ .J C _ _ _ _ � BE•�RINC L I } s U Lj i DP DE sue _ _ _ _ •— ,oP o 51.•B C C — i .•_� a' -C s v a. -0' a c, a• -p ' -V s• -lf a• -p 20' -V NORTHEAST ELEVATIO SOUTHEAST ELEVATION LLL12 L12 _" _ .�12 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T/TllTl r , COWRP PANEL �I I �m p� 0 f! N I Y J' ° 8o"Ro �m s v v z "_ rrnrrrrrrr vE O m Z:: /lI / /II% i sZ. I. � lirrrriollf rrrl �irlrmrrriilrrTrrrTrrmlrrrrrr ,... ,fir rrrlrlT fiT >% F � 1 17r1 IT/ IIlTTIllII7lTTlITTIrTTI7lT /77TIIITTIIrrll Cc TNOL PANEL All T_nr*rnT .?t I� a ll 4- II° g ° ;� II 0 -cr ° �o Llllllllll " - Lo �n 2 0 J, a Z R G \ - l 11 a V -/ t�1�11.1J1ZZL1 l� /!� l llf llfll /l! / /!llllf!l.IIIUII /J!I /J !1 TIIL .. I /lllllllr /fllllllll m € v y > r -10 5 = ^p p o z S " YJzI / 'I� .1/1- I!fI Y -7 Y - C.HANHASSEN, MINNESOTA Boneatroo Ems' ^• "' `" " ° "� ~� ico _EP WELL N0. 7 PUMPING FACILITY ® Rosene Anderllk B Associates !J � V PROCESS PIPING / MECHANICAL �F`,xO�wgK m� m m s m = m = m m m m = m m = m I , � I I � I I — — _ _ _ _ _ — _ , _ L EL 969.00 J OP CF StpB NORTHWEST ELEVATION 9� E EL 1009 00 B PRiNG e MCK 101W EL 100 i.00 i0P OFF BU9 E2 92.00 BEN NC 0 X2 I� g�S� SY Ni x Y o � L Y 0 C L ` U O O C 0 m¢aa Q w � ZZ _Z a =1 Z 4. °z 2F W a Nov N Z = w Q 3 Sa UW 0 SOUTHEAST ELEVATION 4 SOUTHWEST ELEVATION T c 3 1 e RECEIVED MAR 14 RECD �ITY OF CM RSEN 1 COMMISSION APPLYING FOR: (—:: �1 1rCuLL' -Q-4,6 �t, �,.,, SSt,CL' 1 ALTERNATE:� NAME: �� c�e } BIRTHDATE (optional): ' 1 ADDRESS: 907-L q11Aex'-' CiV - C-6 CITY: C"-,.,- • ZIP: I 1 HOME PHONE: WORK PHONE: HOW LONG HAVE Y OU BEE A RESiDEN T OF CHANHASSEN � 2arls 1 HIGHEST LEVEL F E AT INED, YLVS DE REES, IF �c-� 1 CURRENT EMPLOYMENT: (State position, employer & brief description of duties. If 1 with present employer for only a short time, list previous employment as ell.) G.- kz� LAY" /C�Lk- 1 ACTIVITIES AND AFFILIATIONS: (Include elective offices, honors and recognitions received, if any.)., 1 I , 1 REASONS FOR SEEKING THIS P SITION AND YOUR UALIFICATIONS: \ rec3 ( el ve r a� 1. 1 e L c G �c �✓ Q GL S C 1 a 01� ��5 1'4 t ('Lk Q Lk a Q-( a t, d rr 4 I i e . - UNDERSTAND THAT A COMMITMENT OF MY AT&T 'ARTICIPATION WILL BE INVOLVED, AND I AM DMMIT/ MENT IN THE' EVENT I AM APPOINTED s Network Systems C 1 Uli Sacchet 8071 Hidden Circle �� 3 Director of Multimedia Chanhassen, MN 55317 C 4� Networking 612 937 -5838 L"GNATURE Network Integration Services FAX 612 934 -4342 1 attmail!usacchet INTERNET usacchet @attmail.com APPLICATION FOR `- IANHASSEN COMMISSION .4G