HomeMy WebLinkAboutResolution No. 133-25 - Resolution - Mayo Clinic BFUiR Development Agreement
RESOLUTION
Resolution Authorizing Execution of Development Agreement and related
documents for Bold. Forward, Unbound. in Rochester.
WHEREAS, on November 18, 2024, the City Council adopted Res. 232-24 (the
“Resolution”) approving Vacation Petition No. CD2024-006VAC, by Mayo Clinic, with five
conditions for the vacation of five public rights-of-way and alleys; and
WHEREAS, under the Resolution, all of the conditions are required to be met before the
Resolution can be recorded; and
WHEREAS, the first condition requires that the City and Mayo (the “Parties”) enter into a
development agreement that satisfies the Public Works review letter; and
WHEREAS, the second, third, and fourth conditions all require that easements be
recorded for water utilities, electric utilities, and a pedestrian passageway, respectively;
and
WHEREAS, the fifth condition requires that the site development comply with all
conditions in an approved Mayo traffic study; and
WHEREAS, following the adoption of the Resolution, the Parties have been engaged in
negotiations to draft a Development Agreement that addresses all the conditions of the
Resolution; and
WHEREAS, the Parties have drafted a Development Agreement that provides for the
Parties entering into certain temporary easements for existing storm sewer, sanitary
sewer, water utilities, duct banks with electric utilities, and vehicular and pedestrian
access; and
WHEREAS, the Development Agreement further provides that, following construction and
full operational ability of new storm sewer, sanitary sewer, water utilities, and duct banks
with electric utilities, and prior to termination of existing utilities, the Parties will execute
permanent easements for all new utilities; and
WHEREAS, the Development Agreement further provides that the Parties will enter into
easements for pedestrian passage through a corridor linking the Ozmun and Waterman
buildings and Annenberg Plaza; and
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WHEREAS, the Development Agreement further provides for Mayo to assume
responsibility for certain right-of-way maintenance; and
WHEREAS, the Development Agreement further provides for Mayo to design, construct,
own, operate and maintain certain stormwater improvements, enter into an agreement
holding the city harmless for such activities, and granting the city the ability to maintain
and operate the stormwater facilities, if necessary; and
WHEREAS, the Development Agreement further provides for satisfaction of all other
requirements of the Resolution including but not limited to: a future obligation for Mayo to
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fund the reconstruction of the intersection of Civic Center Drive NW and 6 Avenue NW,
and a future obligation for Mayo to fund a bike lane that restores the north-south bicycle
connectivity through the development area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
(the “Council”) as follows:
1. The Council hereby approves the Development Agreement in substantially
the form presented to the Council, together with any related documents necessary in
connection therewith, including but not limited to any documents or exhibits referenced in
or attached to the Development Agreement including without limitation the easements, in
final form, attached as forms to the Development Agreement (collectively, the
“Development Documents”); and hereby authorizes the Mayor and City Clerk to execute
the same on behalf of the City, and to carry out, on behalf of the City, the City’s obligations
hereunder.
2. The approval hereby given to the Development Documents includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by legal counsel to the City and by the officers authorized
herein to execute said documents prior to their execution; and said officers are hereby
authorized to approve said changes on behalf of the City. The execution of any instrument
by the appropriate officers of the City herein authorized shall be conclusive evidence of
the approval of such document in accordance with the terms hereof.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2025.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2025.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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