CCP 08-08-2006 - Laserfiche WebLink

Home Browse Search

.. . HOLDDOWN AND STOCKPILING AGREEMENT THIS AGREEMENT is entered into as of August 8, 2006, by and between the City of New Brighton (the "City"), of the State of Minnesota, and The Rottlund Company, Inc., a corporation organized under the laws of the State of Minnesota and Sherman Associates, Inc., a Minnesota corporation (collectively, the "Redevelopers"). WHEREAS, the City and Rottlund entered into an Amended and Restated Contract for Private Redevelopment dated December 13, 2005, as amended by the First Amendment thereto dated as of August 8, 2006 (as so amended, the "Contract"); WHEREAS, as required by the Contract, the City is grading Tract 1 (as defined in the Contract, as are other capitalized terms used but not defined herein) in order to accommodate utilities and roads to be installed by the City and the Minimum Improvements to be constructed by the Redevelopers; WHEREAS, there is currently soil on the areas of Tract 1 upon which the Minimum Improvements are to be constructed which is substantially in excess of that needed to achieve the appropriate elevations for the Minimum Improvements, which excess has been estimated by the parties as approximately 110,000 cubic yards; . WHEREAS, the parties expect that all or a portion of the excess soil will be needed by the City for future grading elsewhere, but there is currently no offsite storage available for the excess soil; and WHEREAS, both parties desire to reach an agreement regarding temporary storage and stockpiling within Tract 1 of the excess soil as well as its timely removal, both during the City's ownership of Tract 1 and following its conveyance to the Redevelopers, in a manner which will minimize cost to both parties and also not disrupt the City's installation of infrastructure and the Redevelopers' construction of the Tract 1 Minimum Improvements; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties agree as follows: 1. Up to 60,000 cubic yards of soil may be stockpiled on the area indicated on Exhibit A hereto. The stockpile may not exceed 30 feet in height and may be no closer than 10 feet to the street at the main entrance. The City shall remove this stockpile at its own expense by September 1, 2007, unless the City has received notification in writing from the Redeveloper(s) who will build on that area that all or a portion of the stockpile may remain beyond that date. 2. A building holddown plan for Tract 1, showing the Redevelopers' desired holddowns, is attached as Exhibit B. The City may leave excess soil within areas 2A, 2D and 2E shown on Exhibit B in excess of the holddowns. The City may remove the excess soil at any time, but is required to remove it (or such portion as either Redeveloper may request) at its own expense no later than sixty (60) days following written notice from either Redeveloper to the