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Home My WebLink About2007-05-23 CC Set Agenda & Handouts r I I, I, CITY COUNCn.. & WORK SESSION MEETING COUNCIL MEETING Wednesday, May 23, 2007 6:30 p.m. wlWork Session to follow L CALL TO ORDER 1. Roll Call n. PUBLIC HEARINGS 1. Proposed Improvements (Waterm.ain, Sanitary Sewer, Street Pavement, Curb, Storm. Sewer & Related Drainage) of Old Mill Road - Han7.a1 Addition (Pages 1-3) 2. Amend & Restate Res. #06-046 Establishing an Economic Development Authority (EDA) m. APPROVAL OF AGENDA IV. APPROVAL OF COUNCIL MINUTES 1. May 9,2007 City Council Meeting Minutes (pages 4-12) V. CONSENT AGENDA 1. City of CenterviIIe May 10, 2007 through May 23, 2007 CIabns (page 13 & 13a) 2. Centennial Fire Department CIaim.s through May 16, 2007 (page 14) 3. Centennial Lakes Police Department CIaim.s through May 10, 2007 (pages 15-16) VL A WARDSIPRESENTATIONS/APPEARANCES VB. OLD BUSINESS 1. Com.m.emorative Merchandise for Sesquicentennial (Tabled from Previous Meeting (pages 17-26) 2. Proposal of Mr. Randy Lanon, Can Dad CaDlera, For Sesquicentennial Photographs vm. NEW BUSINESS 1. Res. #07-XXX - A Resolution Dedaring Adequacy of Petition for Improvement of Part of Old Mill Road (page 26a) 2. Res. #07-XXX - A Resolution Ordering Improvement of Part of Old Mill Road (page 26b) 3.1. Consider Bids for Hidden Spring Park, 1601 LaMotte Drive ** Available @ MeetingU 43. Res. #07-XXX - Establishing Economic Development Authority (EDA) (Pages 27-29) 53. Approval of Xcel Utility Relocation Proposal (page 30) **Does Not Include Tree Removal**, ' , 6. Approval of Grant Agreement (DEED - Downtown Redevelopment) ,IX. ANNOUNCEMENTS /UPDATES 1. City Admnli-trator, Mr. Dallas Larson X. CLOSED SESSION - (pending Litigation) 1. Status of 21st Avenue/Backage Road Condemnation 3. ADJOURNMENT COUNCIL WORKSESSION MEETING L CALL TO ORDER 1. Roll Call n ITEMS OF DISCUSSION 1. Status Report from Attorney Glaser on Developers Agreement (Downtown R.e-development - Beard Group) 2. Utility Rates & Charges 3. Status .f 21- AWBUelBaekage Read C.adelBBaBeB 3.4. Community Signs 4. Public Works Spaee Needs Alternatives In ADJOURNMENT . * *REMINDERS* * Planning & Zoning Commission - June 5, 2007, 6:30 p.m. Council Chambers - Joint Meeting Parks & Recreation Committee - June 6, 2007, 6:30 p.m. Council Chambers Council Meeting - June 13, 2007, 6:30 p.rn. Council Chambers (Public Hearing 7323 Deer Pass Drive Partial Vacation ofDrainagelUtility Easement) ~ .j., STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PlJDLIC BEARING ON PROPOSED IMPROVEMENT OF OLD MILL ROAD NOTICE IS HEREBY GIVEN, that the City Council of the City of Centerville, Minnesota will meet on Wednesday, May 23 2007 at the Centervi11e City Hall, 1880 Main Street, in the Council Chambers ~nning at 6:30 p.m. or shortly thereafter to conduct a public hearing on proposed watermain, sanitary sewer, street pavement, curb, storm sewer and related drainage of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north city limits pursuant to Minn. Stat. 1429.011 to fi429.111. The estimated cost of the improvements are $357,000. The following properties identified below would be affected: PID # ADDRESS Rl4-31-22-42-OOO1 Rl4-31-22-42-0002 Rl4-31-22-31-OO16 1l14-31-22-31-O015 Rl4-31-22-31-0014 Rl4-31-22-42-OO36 7396 Old Mill Road 7384 Old Mill Road 7389 Old Mill Road 7397 Old Mill Road 7381 Old Mill Road A reasonable estimate of the cost of the assessments will be available at the hearing. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. May 18, 2007. All persons interested are invited to attend and to be heard, verbally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may email: dlar!lnn@centervi11emn com or tbender@centervillem.n.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. Teresa Bender/City Clerk Published in the Quad Community Press on May 1 & May 8, 2007 S'fAT.I 01' MI!UOIJOTA COOlft'Y 011 ANOKA Cft'Y 01' CI'BI'.I:RVlI:. NO"l'ICIC OJ'PUBLIC BBABlNG ON:JJlOPOSBD Dfr.IlCJVEIII&N OJ' OLD IIILL JlCW) .NO'.lJCB IS H B:IoIEH~ GIVEN, t1aat the City Cwnct1 of the CJt;y of CeDterviIle. Minnesota will meet on WedllOSday, May 23 2O(TJ at the 0tDteiviUe Ck, HaD. 1880 MaiD &net, in the CoUIlcJI C1Ja~ "aJlinil1J It 6:30 p.m. or short'ly t:hereatIm to coa<fuct a pahJio ...d-. OD proposed wrd'-l.aMn~ __, fIeWelj, sInJet pa..el~.....d~ cmb, stoDD sewer _ re1&ted dr8iaIae of Old MiD :Road :&om a poiDt ..iji..2......ttly 200 Aet aorth of:Revoir SIJed to the DOJth city limits ~ to Mimt. StIt. 1429.011 to 1429.111. TlIe ..i....ded COlt of the lmpmYV'!rll_ are $357,000. 'l1le 1bJIoWiag ~ ~AnfHledbetowwou1d be ..~: Pm, ~ lt1431-%H2-GOO1 7396 Old MBIltaal- rb~ 1U4-31......... '73I4OJdMII'" Jll4al.a.3t..oot6 1J89.OMUIIlBod 1U+31-2Nl..oo15 7WI01clUD1.... 1U4-31-2Z-!l-G014 73810J4Mi1lBoaa 1U4-31~ Ani SJPll8We~.'ofto ofC:llecost of.. _ f~wJIl"avaDableat1lle ..... De City DaB. is ADA ~f I IJ,Ie. ..~. tbr ........ liT-lid ... or a lip ~ Jr Jata~ 1IIIJ8t he ~ Wbre 4..-00 p.m. ~ l' 7AM71. AD p8I8OtIS ...... - hwiMcl to........ to be..... wdJaJly..1a ~ Yea laY'" .1118 City"a.t'1 aIIee at (651) 429-3212 or by &a(lII1l1NJe (651) 429IGf if,.__ ....... ~4C4"oa ...,..........)OJJ., 8IIIIiI: ~.IA..AIlAimt ftn1II ar . ~"1JAnmcomwitl1~or~ T:his1lOlfcefs a1soa~OD "...Cfti.web ** .....l'Wlfes ...:t1f11mn r.ftIn. . I TcaIa~Qak ~ iIl6eQuad ~",&.n.L.J ""011_1 a _.. 2007 ~ l!a.:...-z.-' ~'et__~ ~ ~ r r ~-,j-'~"4~ -l . .. ".. ..' : ". " . , ," . ... .. .0. ,,0 O. . ' .' . S'D.UOl'~ ~o:r~ ~.OJ'~ :MODel: O1lPIDILIC'IIV.AImfG Olfl'JlOl'OSD ~01l om MIi.i~ llOAD N01JCB. JS. H....B:~ GlVBN, that the City Counoft of the City of ~ Ninl,"* wD1 meet em WecJoesday, III., ZJ 'JJKI1 at the CeateiviDo CitY BaD. 1880 ~ &treat, in the ~ CIIf..... ,~u.l. at 6:30 p.IIL or aIaord,. ....... to ~ a pub1lo ..(J~. OQ If6POIBJ W""'I~". ~ sewer, aIreet .-...... aub, sfDml sewer 8Dd N1atecl ell..... otOklIlll Baad hm a paIat -.wav:!"'''~ 200 .. DcIIth Of llnoJr ... to the BOdh cI&y JImIts JNllauaa4. to.:MIJm. .. tI29.0111O 1429.111. The "';o"ded COlt of... ~~'"1l"'4s .. .51,000. '1'I1e tblIv..daa ~ ~.lll\ecl betowwaaJd be aSheItt PJD f# ADDlmSS :aM-314Z-4MOO1 Rl+JI..aa.0D02 lU4.al-2Nl..CJOlt lU431-2Z-31-G015 1U4-S14Hl~4 lU4.31-D-42..0G36 7S9601dMillItBl DMOJdMllIa84 - ~c..~ 7JD.01cl..... 'MI()1dililltold 7381 OJ4M1111014 ApII8~'W6""",~~ ardlecastaftkoll. . ' 1J Hit'" wllllIe.............1.1 .. City BaD. ia ADA ace 1 -,Ie ~. AIr L-.dJa, .~ .... 01' . ... ..... LM.pwu mast .. I.~ ...... 4:00 p.m. JIa.J 18. 7Df11. AI...... IdIw III.. _1a1.w...... lUll.. lie...... ....,... ""~ Y..., ..~ tile a&y CJerk'e .... it (81) 429-3Z32 or '" ~uJle (6fl) 4291G9 it,. .. addrI&.llA.l .;~~.... If,........,.., GIIIIII: ........!M;i~ .m-. fW\ftI 01' ...~:MItAlvQJlmna ~ wJdi~"or ..~.... ThIs 1IOtIcefs a1&o ~"teOR . Cilia"" ... wwwl~. ...11f1111111 r.mn . ,- . T..a~~C1edc' '. ~ia.QBIC0&4~.....,~oa_l -Mtrl,1JJrI .. ~ ..J4iu.~' ~~~~.---; ~ If< r-' .).~ ,. /9'l9:U.. .... . , . ../ .. SPECIAL ASSESSMENT AGREEMENT WAIVER OF BEARING AND APPEAL AGREEMENT made 1bis 1l1!::day ~t'o~2007by and between the Cilyof Centerville, a Minnesota municipal corpor ("City") and JEFFREY JOHN HANZAL and LAURA JEAN HANZAL ('~Property Owner"). RECITALS . I A. Property Owner is the fee owner of the following described real property, located in the City of CenterviIle, Anoka County, Minnesota ("Subject Propertyj: See attached Exhibit A B. Property Owner requests that the City of Centerville undertake the improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north City limits by installation of watermain, sanitary sewer, street pavement, curb, stann sewer and related drainage improvements (''Public Improvemenf'). The estimAted costs expected to be incurred for the Public Improvement total $356,027.83. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property for the Public Improvement. The amount of the special assessment is $186,944.43. The special assessment shall be spread over fifteen years, together with six point five percent (6.500At> interest on the unpaid balance. Interest shall begin accruing on October 1, 2007. The special assessment will be certified to the county and be due and payable with property taxes on the Subject Property beginning in 2009. , . 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to MinD. Stat f429.081. 3. Property Owner may repay the entire special assessment without interest if paid in full by November 1,2007. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF CENTERVILLE PROPERTY OWNER: BY: Parcel #: 14-31-22-31-0014 Mary Capra, Mayor BY: Teresa Bender, City Clerk STATE OF MINNESOTA ) ) COUNTY OF ~N:)\lCt ~ ) The foregoing instnunent was acknowledge before me this day of .20-, by Mary Capra and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) COUNTY OF ~\{o...., ~ 'tKATHLEEN K TRANDEM .JI Notary PubUc Minnesota ComrmssIon ExpIres January 31. 2011 before me this ~ day of .:iJ""" L.L.",~ r The foregoing instrument was q~""'~1 · 200 -, · by - ~ .. EXHIBIT "A" PID #: 14-31-22-31-0014 7381 OLD MILL RD Legal Description: REGISTERED LAND SURVEY NO 48 ALL OF TRACT A REG LAND SURVEY NO 48 . ANO~ CNTY, MN AS FllJID IN TIlE OFF OF TIm REG OF TITLES IN" FOR SAID CNTY(EX mE N 299 FT TIIEREOF) ,. _ _ t SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT ID8lIe this JI?+ day of ~ ___ . 2007 by aud between the City of Centerville. a Minnesota mumcipal corporation City"), and BOWEN WILLIAM E ("Property Owner"). RECITALS A Property Owner is the fee owner of the following described real property. located in the City of Centerville, Anoka County. Minnesota ("Subject Property"): See attached Exhibit A B. Property Owner requests that the City of Centerville undertake the improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north City limits by installation of watermain, sanitary sewer, street pavement, curb, storm sewer and related drainage improvements ("Public Improvemenf'). The estimated costs expected to be incurred for the Public Improvement total $356,027.83. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property for the Public Improvement. The amount of the special assessment is $16.548.61. The special assessment sba1I be spread over fifteen yeatS. together with six point five percent (6.50%) interest on the unpaid balance. Interest shall begin accruing on October 1, 2007. The special assessment will be certified to the county and be due and payable with property taxes on the Subject Property begjnning in 2009. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessmerit exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to MinD. Stat. ~29.081. 3. PrOperty Owner may repay the entire special assessment without interest if paid in full by November 1, 2007. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and. assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF CENTERVILLE PROPERTY OWNER: BY: Parcel #: 14-31-22-31-0015 Mary Capra, Mayor BY: l...~~ BOWEN WILLIAM E BY: Teresa Bender, City Clerk BY: STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledge before me this day of . 20-, by Mary Capra and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ~ltqJ. 't\ ) The foregoing instrument was acknow1~e before me this '3o~ day of ~~~ . 20.lLi.., by ,^-)LlJ..4m e ~.ek. UlENE,"CNUON ~ t1 (JA- Notary PubDc N tary Publi MInnesota 0 C My CcJnnd&l;kn &piresJ&1ualy3t,2010 ,. .' . . . . EXHIBIT "A" PID #: 14-31-22-31-0015 7397 OLD MILL RD Legal Description: N 299 Ff OF TRACT A REG LAND SURVEY NO 48, EX E 218 FT OF S 200 Ff TIlEREOF; EX RD SUBJ TO EASE OF REC .. t ., . . SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this I Sf day of ...ftbrUA' . 2007 by and between the City of Centerville, a Minnesota municipal corporation ("City"), and MELISSA J JAQUES ("Property Ownerj. RECITALS A Property Owner is the fee owner of the following described real property, located in the City of Centerville, Anoka County, Minnesota ("Subject Property"): See attached Exhibit A B. Property Owner requests that the City of Centerville undertake the improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north City limits by installation of watermain, sanitary seWer, street pavement, curb, storm sewer and related drainage improvements ("Public Improvement''). The estimAted costs expected to be incurred for the Public Improvement total $356,027.83. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property for the Public Improvement The amount of the special assessment is $20,872.89. The special assessment shall be spread over fifteen years, together with six point five percent (6.500.4) interest on the unpaid balance. Interest shall begin accruing on October 1, 2007. The special assessment will be certified to the county and be due and payable with property taxes on the Subject Property beginning in 2009. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, RYIIIAIT "'A'" PID i#: 14-31-22-31-0016 '1389 OLD MIU. BD LogaI DescdpIkm: 1lIE 11218 Fr OF S 200 FI' OF N 299 FI' OF TKACI' A BIlO LAND SURVIlYNO 48; SUBJ TO IlASIl OF RIlC " ... iIoBdDg reopInommIB 8Dd ..., oIaIms lIIlIl !be _ ........ !be l>oIIoIIIlD !be SlIbjeot Proped.y. Tho Proped.y 0IliD0r ....m:s ..., appea1 rfslJls adIawlse IMlIIabIo pIIIllUllIIIlD MlIm. Slat. f429.1J8I. 3. Proped.y Owner III8l' JllJIIIf!be enllnl spocIaI_ 'IriIbDuIlDreresllfpaklln IbII br Nowmbor 1, 2007. 4. ThIs A(poom<at sIIa11 be biDdIng 1IpOJl tbe Pmpaty 0IliD0r ami 11m Proped.y OwDor'a ............ IIIIlI """'- ThIs Agnomont III8l' be ............lIl\ldDllt 11m lId8lD tbe SubjeoI Pmpaty. crnr OFCENTEIlVILLE BY: PROPEKI'Y OWNElb Pall:el1I: 14-31-22-31-0016 Mar)' Capm, Mayor BY:~~~ BY: BY: T......1Ieader, CIly CImk STATIlOFM1NNIlSOTA ) COllNTYOF ~ ~ F fbtesoIns. IDalmmlmt WlIIl acImowIedp before lIlll lbIa 12:- day of ~ by Mar)' ~ IIIIlI by T......Ileador. tbe Mayor imd CIly CImk of CIly a MiImoaola IIlIDlIdpaI COIpOIIIIimr, on boba1f of tbe 00IpIlJIIIl0n IIIIlI puIlIUIIIIIlDllmlllllhmilylJllDllalbyilsCllyCoomalL ~~ AI ~ N-, PubIIo STATIl OF MINNIlSOTA ) COllNTYOF~ ~ 1f~~.oL~~~ ~ day of AlJJI-=,~ "::tf1..-/L_JfA~ ~~....... ~ , . - - - - ------'-'- ~ Melissa Jaques agree to the tenDs of the assessment as set forth in the enclosed notarized document. If further negotiations are made with other parties involved in the assessment, the document will be amended to show a similar cbanp in costs based on lots and/or linear feet. \. ~I 101 Date ~Iu~kb 3.17 -0 1 Date LEEN K TRANDEM Notary Public MJnnesota y CommlSSiOn Expires./anu8Jy 3',2011 I I I I I I i I I I I I RECEIVED MAR- 2 6 Z007 March 23,2007 To the City of Centerville CENTERVILLE, MN This is to inform the City ofCenterville that I, Fred Fischer, of7396 Old Mill Road, Centerville, 55038 do not approve of or request the improvements to Old Mill Road suggested by Jeff and Laura Hauzel, so that they may develop and subdivide their property at 7381 Old Mill Road. The proposa1 put forth by Jeff and Laura Hanzel is solely for their :financial benefit and does not, in any way, serve to benefit myself, my property, or the City. Minnesota State Statute 429.051 states that the cost of any 'improvement is to be assessed based upon the benefit received. Clearly, I will not receive benefitss now or in the future, nearing the amounts being forced upon me. While I do not oppose the Hanzels proposa1 for development, I see no reason for myself and my neighbors to pay for or subsidize this development Please know that I wish to cooperate with the Hanzels and the City for the good of the community. I wish to be kept informed of any City plans pending with regard to this matter as it is my intention to exercise each and every legal right available to me to prevent this ridiculous cost to myself. 1d~ 7396 Old Mill Road Centerville, Mn 55038 651-429-3340 429.051, Minnesota Statutes 2006 Page 1 ofl .. , L. . .MiJjJ"'~ . Legislature Home I Unks to the World I Help I AI. " o. "... 0t1Ib <<lie 1n1Jor:Of SIa1sueJ .. - :.00 House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules rvJi"-ne$ot~tStatuteli Table otChapteJ'$ Chapt.er 42.9 TabJ' of C.9nt~ots 429.051, Minnesota Statutes 2008 Copyright@ 2006 by the Office of Revisor of Statutes, State of Minnesota. 429.051 APPORTIONMENT OIi' COST. The cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement; based upon the benefits received, whether or not the property abuts on the improvement and whether or not any part of the cost oftbe improvement is paid from the county state-aid highway fund, the municipal state-aid street fund, or the trunk highway fimd. The area assessed may be less than but may not exceed the area proposed to be assessed as stated in the notice of bearing on the improvement, except as provided below. Tbe municipality may pay such portion of the cost of the improvement as the council may determine from general ad valorem tax levies or ftom other revenues or funds of the municipality available for the pwpose. The municipality may subsequently reimburse itself for all or any of the portion of the cost of a water, stonn sewer, or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but not previously assessed for the improvement, on notice and hearing as provided for the assessments initially made. To the extent that such an improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made but which are not initially assessed therefor, the municipality may also reimburse itself by adding all or any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements, provided that notice that such additional amount will be assessed is included in the notice of hearing on the making of such extensions or improvements. The additional assessments herein authorized may be made whether or not the properties assessed were included in the area described in the notice of hearing on the making of the original improvement In any city of the fourth class electing to proceed under a home rule charter as provided in this chapter, which charter provides for a board of water commissioners and authorizes such board to assess a water frontage taX to defray the cost of construction of water mains, such board may assess the tax based upon the benefits received and without regard to any charter limitation on the amount that may be assessed for each lineal foot of property abutting on the water main. The water frontage tax shall be imposed according to the procedure and, except as herein provided, subject to the limitations of the charter of the city. HIstory: 1953 c 398 s 5; 1955 c 842 s 1,' 1957 c 40 s 1: 1959 c 490 s 1; 1961 c 28681 Please direct all comments concerning Issues or legislation to your House Member orState Senator 0 For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http://www.revisor.leg.state.mn.uslbinlgetpub.php?pubtype=STAT_CHAP_SEC&year=20... 312412007 . . REce'VED MAR' 2 6 2001 March 23,2007 CENTERV1LLE. MN To the City ofCenterville This is to inform the City ofCenterville that we, Patrick and Cathy Fruth, of 7384 Old Mill Road, Centerville, 55038 do not approve of or request the improvements to Old Mill Road suggested by Jeff and Laura Hanzel, so that they may develop and subdivide their property at 7381 Old Mill Road. The proposal put forth by Jeff and Laura Hanzel is solely for their financial benefit and does not, in any way, serve to benefit us, our property, or the City. Minnesota State Statute 429.051 states that the cost of any improvement is to be assessed based upon the benefit received. Clearly, We will not receive benefits, now or in the future, nearing the amounts being forced upon us. While we do not oppose the Hanzels proposal for development, we see no reason for ourselves and out' neighbors to pay for or subsidize this development Please know that we wish to cooperate with the Hanzels and the City for the good of the community. We wish to be kept informed of any City plans pending with regard to this matter as it is out' intention to exercise each and every legal right available to us to prevent this ridiculous cost to ourselves. d -fl ~~~. {i. I -l ~ .. .. .~- " ~~ '~ -L 'ck aUteaiby Fruth 7384 Old Mill Road Centerville, Mn 55038 651-426-1234 I . 429.051. Minnesota Statutes 2006 Page lofl if.. .~ ~"0fIce_1ie bitcJr dS1alP* House I Senate I Joint Deparbnenta and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minn~ota"$lat"utes" T~ble 9tCh~pters Ch~pte.r 429 T~bl~ ~t CQn~nts Legislature Home I Unks to the World I Help I AI 429.051. Minnesota Statutes 2008 Copyright @ 2006 by the Offtce of Revisor of Statutes, State of Minnesota. 419.051 APPORTIONMENT OF COST. The cost of any improvement, or any part thereof. may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement and whether or not any part of the cost of the improvement is paid from the county state-aid highway fund, the municipal state-aid street fund, or the trunk highway fund. The area assessed may be less than but may not exceed the area proposed to be assessed as Stated in the notice of hearing on the improvement, except as "provided below. The municipality may pay such portion of the cost of the improvement as the council may determine from general ad valorem tax levies or from other revenues or funds of the municipality available for the purpose. The municipality may subsequently reimburse itseJffor all or any of the portion of the cost of a water, storm. sewer, or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but Dot previously assessed for the improvement, on notice and hearing as provided for the assessments initially made. To the extent that such an improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made but which are not initiaUy assessed therefor, the municipality may also reimburse itselfby adding all or any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements. provided that notice that such additional amount will be assessed is included in the notice of hearing on the making of such extensions or improvements. The additional assessments herein authorized may be made whether or not the properties assessed were included in the area described in the notice of hearing on the making of the original improvement In any city of the fourth class electing to proceed under a home role charter as provided in this chapter. which charter provides for a board of water commissioners and authorizes such board to assess a water frontage tax to defray the cost of construction of water mains. such board may assess the tax based upon the benefits received and without regard to any charter limitation on the amount that may be assessed for each lineal foot of property abutting on the water main. The water frontage tax shall be imposed according to the procedure and. except as herein provided, subject to the limitations of the charter of the city. HIstory: 1953 c 398 s 5; 1955 c 8423 1; 1957 c 40 s 1; 1959 c 490 s 1; 1961 c 286 s 1 Please direct all comments concerning Issues or legislation to your House Member orState ~nator . For Legislative Staff or for directions to the Capitol. visit the Contact Us page. General questiQn~ or comments. http://www.revisor.leg.state.mn.uslbinlgetpub.php?pubtype=STAT_CHAP_SEC&year=20... 3/2412007 CITY OF CENTERVILLE OS/23/0711:51 AM Page 1 *Check Summary Register@) UPDATE ervilCe 'Esta6fislielf 1857 MAY 2007 Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 022393 AFLAC 5/23/2007 PaId Chk# 022394 ASSURANT EMPLOYEE BENEFIT 5/2312007 PaId Chk# 022395 CINGULAR WIRELESS 5/2312007 Paid Chk# 022396 MEYER, JOHN 5/23/2007 PaId Chk# 022397 MN DEPARTMENT OF HEALTH 512312007 Paid Chk# 022398 NORTH STAR PUMP SERVICE 5/23/2007 Paid Chk# 022399 POSTMASTER 5123/2007 Paid Chk# 022400 SPOHN RANCH, INC. 512312007 PaId Chk# 022401 TELEMETRY PROCESS CONTRO 5/2312007 Paid Chk# 022402 US BANK. 5/23/2007 PaId Chk# 022403 XCEL ENERGY 5/2312007 Total Checks $45.88 MAY 2007 AFLAC INS $121.50 VOL. SHORT TERM DISABILITY INS $129.99 CELL PHONES. P.W. $311.94 REIMBURSE FOR ORTHO EXP - FLEX $1,465.00 WATER TEST FEES - 2ND QTR $684.26 LIFT STATION 2 MAlNT. INSPECTI $350.00 1ST CLASS & STANDARD PERMIT #2 $17,475.00 SKATEPARK EQUIP. CONST. & SHIP $1,500.08 PROFESSIONAL SERVICES FOR TELE $364.23 PIONEER PRESS - GARAGE SALE DA $2,102.03 7295 MAIN STREET - SERV THRU 5 $24,549.91 /3~ M~ j i ..Olo j ,. i 1 .. . . ""~.1 ' e' \t.: .. .~' ~" . "~.l,'j . ;~:;r TO: Honorable Mayor and Council Members FROM: Staff SUBJECT: Commemorative Items for Sesquicentennial DATE: May 23, 2007 Qty. Amount Hard Epoxy Fishing Lures Wee Beans Beach Bans 500 504 504 1,000 51,315.00* 51,178.00 5 821.82 51,078.00** *Vendor Recommended Hard Epoxy and 1 ~" size minimum. **StaffRecommends inflating prior to parade with air tank - additional cost. There may be an additional cost for the artwork if Staff is unable to convert to Vectar or BPS - $25.50. Fishing Lures Item #116 $2.43/250 (Qty.) + $48.00 Set-up Charge = $655.50 $2.26/500 (Qty.) + $48.00 Set-up Charge = $1,178.00 $2.09/1,000 (Qty.) + $48.00 Set-up Charge = $2,138.00 One color logoltext for above charges Side two $25.00 Set-up Charge + .25/ea. running charge Two sma1110gos, same color, same size & same side imprinting = no extra charge Comes in a snap box with either hooks or key ring Wee Beans $1.28/504 (Qty.) + .30/tag (One Sided, One Color) + $25.50 Set-up Charge = $821.82 (Includes Card Fastened On) $1.28/504 (Qty.) + .44/tag (Two Sided, One Color) + $25.50 + $25.50 Set-up Charge = $917.88 (Includes Card Fastened On) Beach Ball Item #5270X16 $1.05/1,000 (Qty.) + $28.00 Plate Charge = $1,078.00 One color imprint included Two imprints one color add .25/ea. and $28.00 Plate Charge Staff would only recommend the purchase of beach balls if an air tank was secured to inflate them prior to the parade. 6" Teddy Bear $3.30/504 (Qty.) + $51.00 Plate qtarge = $1,714.20 (Includes Ribbon Fastened On) Possibility of two logos - would have to send logos to them to see if they would line up on n'bbon when tied. Staff would like to include a mailing with the Business Appreciation BBQ Invitation that the City desires to offer local businesses an opportunity to jointly purchase these items defraying the costs. The City would need to work with these interested businesses regarding quantities and logos. Staff feels that Councn should set a budget amount for commemorative items and allow staff to work with local businesses to secure the most items for the least amount. tervi{{e 'Esta6[isfiecl 1857 1880 9ILain Street . Centervifl'e,!M!N 55038 (651)4~9-3232 . P~(651)429-8629 STATE OF.MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #07-OXX A RESOLUTION DECLARING ADEQUACY OF PETITION FOR IMPROVEMENT OF PART OF OLD MILL ROAD WHEREAS, it has been proposed to make an improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north city limits by installation of watermain, sanitary sewer, street pavement, curb, storm sewer and related drainage improvements, and WHEREAS, on Aprilll, 2007, a petition was received from adjoining property owners with regard to the improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north city limits by installation ofwaterma.in, sanitary sewer, street pavement, curb, storm sewer and related drainage improvements. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: The Council hereby determines that the petition received for the aforementioned improvement was signed by the required number of property owners affected thereby and this declaration is made in conformity with MinD. Stat. Sect. 429.035. Adopted by the Council this _ day of May, 2007. Mary Capra, Mayor Attest: Teresa Bender, Clerk ,;%d./ tervi[[e T-staE[islietl 1857 1880 :Main Street . Centerviffe,:MJ{ 55038 (651)429-3232 . P~(651)429-8629 STATE OF MINNESOTA COUNTY OF ANORA CITY OF CENTERVILLE RESOLUTION #07-OXX A RESOLUTION ORDERING IMPROVEMENT OF PART OF OLD MILL ROAD WHEREAS, on April 11, 2007, a resolution was adopted by the Council aCcepting a feasibility report and calling for public hearing on the improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north city limits by installation of watermain, sanitary sewer, street pavement, cmb, stonn sewer and related drainage improvements, and WHREAS, ten (10) days mailed notice and two weeks' published notice of the hearing was given and the hearing was held thereon on the 23rd day of May, 2007, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, pursuant to action of the City Council on April 11, 2007, the engineer has prepared plans and specifications for the making of such improvement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNcn. OF CENTERVlLLE, MINNESOTA: 1. Such improvement is hereby determined to be necessary, cost-effective and feasible as detailed in the feasibility report prepared for such improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted on April 11, 2007. 3. Plans and specifications prepared for such improvement by City Engineer, Mr. Mark Statz of Bonestroo, Rosene, Anderlik & Associates are hereby approved and ordered placed on file with the City Clerk. 4. The Council declares its intention to reimbmse itself for the costs of the improvement from the proceeds of a tax exempt bond. Adopted by the Council this _day of May, 2007. Mary Capra, Mayor Attest: Teresa Bender, City Clerk 4~ 2335 Highway 36 W St. Paul. MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.boneslrOO.com May 22, 2007 .. Bonestroo Honorable Mayor and City Coundl City of Centerville 1880 Main St. Centerville, MN 55038-9794 Re: 2007 Hidden spring Park Improvements Project Project No. 000616-07155-0 Bid Results Bids were opened for the Project stated above on Tuesday, May 22, 2007 at 10 A.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of 6 Bids. The following summarizes the results of the Bids received: Contrador Base Bid Aft No.1 Ah. No.2 AIt No.3 Amount Lilac Picnic This. Shore Rest Trall$Jl!. Low Jay Bros., Ine. $161,752.80 $8,000.00 $9,390.00 $69,740.00 #2 Veit & Company, Ine. $198,921.00 $5,500.00 $7,650.00 $19,360.00 #3 Environmental Associates, Inc. $199,852.00 $1,750.00 $2,300.00 $37,400.00 #4 Fitol-Hintz Construction, Inc. $296,006.42 , $3,250.00 $8,050.00 $60,500.00 #5 Sunram Construction, Ine. $316,578.05 $5,000.00 $8,800.00 $72,600.00 #6 l. S. Black Constructors, Inc. $326,181.22 $5,500.00 $8,800.00 $28,600.00 The"low Base Bid on the Project was from Jay Bros., Inc. with a Base Bid of $161,752.80. Jay Bros., Inc, remains the low bidder if Alternates 1 or 2 or both are chosen. If Alternate 3 is chosen, with or without alternates 1 and/or 2, Veit & Company, Ine would be the low bidder. These Bids have been reviewed and corrected where necessary. If the City Council wishes to award the Project to the low Bidder based on the Base Bid alone or with any combination of Alternates 1 and/or 2, then Jay Bros.. Ine. should be awarded the Project for the Base Bid Amount of $161,752.80 plus Alternates (If applicable). If the City Coundl wishes to award the Project to the low Bidder based on the Base Bid plus Alternate 3. with or without any combination of Alternates 1 and/or 2. then Velt and Company, Inc'St. Paul should be awarded the Project for the Base Bid Amount of $198.921.00 'plus Alternates 3 and St Cloud other Alternates (if applicable). Rochester MUwaukee Chicago . ......'" "'t If - .,.....; < 1'~-'_~' -<~ ,~ ~.. -,~ ~j"~,, "i::- ~ ':''''"" ~~~. 'I' fV ~. ". r@>1f)!.....,,1!;-ig" > ,'~ ~ t,. ~....~ -: J.'V:b.,y~ 1ft' - " 4 F )'1' ':'),->c,," ' ~ "'-- . ..~~'. m'>4,Ai ';,,' '~"..31"1 '~-~~Jl ~-~t}-'~ ..~" .....""t1t~"&~'S,~,""..'ll--'........-'~~ff~ ''':'ioi::~'T... <-,.- .......~ ~-tl 1f;."" ,'';''>'\ ....."", ... ~.,..~.~ If,:,' ~ _ ~)I\.,-. 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I ~ .sf :2 co f J ~ 2 ~ May 18, 2007 John Meyer City of Centerville 1880 Main St. Centerville,MN 55038 Grant Title: Grant Number: Centerville Downtown Redevelopment Grant FU)(}P-07-0004~-F~07 Dear Mr. Meyer: Enclosed are four copies of the contract between the City of Centerville and the State of Minnesota Department of Employment and Economic Development (DEED). Please review the grant agreement and get the signatures completed by the Mayor and City Administrator. Please return all four copies to me in the enclosed envelope. Upon completion of the state signature process, I will return a fully executed copy of each to you for your files. Attached to each cOpy of the Redevelopment grant agreement is a sample Declaration. It is among the list of required items in 5.03 of the Agreement. We will need a recorded copy of the Declaration, which may be returned separately from the Grant Agreement copies, but, as with the other items on the list, it must be sent to us before grant funds may be drawn. As you know, your Redevelopment grant is financed with state bond proceeds. This requires that you follow state bonding laws that are outlined in the attached grant agreement. Any expenditure financed with this grant money must be on publicly owned land and for a public purpose. Please pay special attention to the budget and note the required legal description, which will identify the publicly owned land on which bond financed redevelopment expending will occur. If you have any questions please feel:free to contact Tom Carlson, your program representative, at 651-297-1945. Sincerely, ~f~ Irene Dassier Brownfields & Community Assistance Enclosures Business and Community Development Department of Employment and Economic Development 1st National BaDk BaDdIDg · 332 MInnesota St., Suite 1200 · SaInt Paul, MN 66101.1361 . USA 661.297.1291. 800.&67-3868. Fax 661.296-6287 . mnDD: 661-282-6909 · ww.deed.state.mus An etpltII opporltJIdtg emp10ger fIIlfl senIee ptOI/tIer. ~, ., t- . GENERAL OBLIGATION BOND PROCEEDS CONSTRUCTION GRANT GRANT AGREEMENT FOR THE CENTER~LEDOWNTOWN REDEVELOPMENT PROJECT RDGP-07-0004-o-FY07 Generic GO Bond Proceeds Grant Agreement for Construction Grants 1 RDGP-07-0004-0-FY07 Ver- 1212006 (Gnrc GO GA-Cnstrctn Gmt) TABLE OF CONTENTS RECITALS 1 ARTICLE I - DEFINITIONS Section 1.01- Defined Terms 1 ARTICLE n - GRANT Section 2.01 -:- Grant of Monies 4 Section 2.02 - Use of Grant Proceeds 4 Section 2.03 - Operation of the Real Property and Facility 4 Section 2.04 - PUblic Entity Representations and Warranties 5 Section ~.05 - Evetl.t{s) of Default 8 Section 2.06 - Remedies 8 Section 2.07 - Notification of Event of Default 9 Section 2.08 - TerminationIModification of Grant 9 Section 2.09 - Effect of Event of Default 10 ARTICLE ill - USE CONTRACT AND SALE Section 3.01- Use Contracts 10 Section 3.02 - Receipt of Monies Under a Use Contract 11 Section 3.03 - Sale 12 Section 3.04 - Proceeds of a Sale 12 . ARTICLE N - COMPLIANCE WITH G.O. COMPLIANCE LEGISLA.TION AND TIIE COMMISSIONER'S ORDER Sectio,n 4.01 - State Bond Financed Property 13 Se<;:tion 4.02 - Preservation of Tax Exempt Status 13 Section 4.03 - Changes to G.O. Compliance Legislation or the Commissioner's Order 14 ARTICLE V- -DISBURSEMENT OF GRANT PROCEEDS Section 5.01 - Payment Requests 14 Section 5.02 - Additional Funds from Borrower 14 Section 5.03 - Condition Precedent to Any Disbursement 14 Section 5.04 - Construction Inspections 17 ARTICLE VI - MISCELLANEOUS Section 6.01 - Insurance 17 Section 6.02 - Condemnation 18 Section 6.03 - Use, Maintenance, Repair and Alterations 18 Section 6.04 - Records Keeping and Reporting 19 Section 6.05 - Inspection of Facility After Completion 20 Section 6.06 - Data Practices 20 Section 6.07 - Non-Discrimination 20 Generic GO Bond Proceeds Grant Agreement for Construction Grants ii RDGP-07-0004-o-FY07 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) Section 6.08 - Worker's Compensation Section 6.09 - Antitrust Claims Section 6.10 - Review of Plans and Cost Estimates Section 6.11 - Prevailing Wages Section 6.12 - Liability . Section 6.13 - Indemnification by the Public Entity Section 6.14 - Relationship of the Parties Section 6.15 - Notices Section 6.16 - Binding Effect and Assignment or Modification Section 6.17 - Waiver ~ection 6.18 - Entire Agreement Section 6.19 - Choice of Law and Venue Section 6.20 - Severability Section 6;21 - Time of Essence Section 6.22 - Counterparts Section 6.23 - ~atching Funds Section 6.24 - Third-Party Beneficiary Section 6.25 - Applicability to Real Property and Facility Section 6.26 - Additional Requirements Attachment I - LEGAL DESCRlPTION Attachment IT - SAMPLE DECLARATION Generic GO Bond Proceeds Grant Agreeprent for Construction Grants ill RDGP-07-0004-0-FY07 20 20 20 22 22 22 23 23 24 24 25 25 25 25 25 . 25 25 25 26 28 29 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) GENERAL OBLIGATION BOND PROCEEDS CONSTRUCTION GRANT GRANT AGREEMENT FOR THE CENTERVILLE D.OWNTOWN REDEVELOPMENT PROJECT RDGP-07-0004-o-F1i07 THIS AGREEMENT shall be effective as of March 16,2007, and is between the City of Centerville, a Statutory City (the "Public Entity''), and the Minnesota Department of Employment and Economic Development (DEED) (the "State Entity''): RECITALS A Under the provisions contained in Minn. Stat. ~ 429.021 and Minn. Stat. ~ 469.155, the Public Entity has been given the authority. to construct streets, sidewalks mid parking facilities, demolish structures and install street lights; and B. The State Entity has, under the provisions contained in Minn. Stat. ~~ 116J.571 to 116J.575 created and implemented the Redevelopment Grant Program, under which it provides grants to Public Entities to assist in the financing of eligible costs under Minn. Stat. ~ 116J.571, subd. 3; and C. Under the provisions contained in Minn. Laws ch. 258, sec. 21, subd. 6, the State of Minnesota has allocated $588,900, which is to be given to the Public Entity as a giant to assist it in the street, sidewalk and parking facility construction, demolition of structures and installation of street lights as authorized by Minn. Stat. ~ 429.021, Minn. Stat. ~ 469.155 and Minn. Stat. ~~ 116J.571 to 116J.575; and D. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article XI, ~ 5(a) of the Minnesota Constitution; and E. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity. IN CONSIDERATION of the grant descnoed and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to Generic GO Bond Proceeds Grant Agreement for Construction Grants 1 RDGP-07-0004-0-FY07 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) both the,singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Agreemenf' - means this General Obligation Bond Proceeds G1:ant Agreement Construction Grant for the Centerville Downtown Redevelopment Project. "Application" - means the Redevelopment Grant Program application submitted to 'DEED on February 1, 2007, for redevelopment activities for the Centerville Downtown Redevelopment Project. "Architect", if any - means Not Aonlicable . which will administer the Construction Contract Documents on behalf of the Public Entity. . "Code" - m~ans the Internal Revenue Code of 1986, as amended from time to time, and all treasmy regulations, revenue procedures and revenue rulings issued pursuant thereto. ' "Commissioner of Finance" - means the State of Minnesota acting through its Commissioner of Finance, and any designated representatives thereof. "Commissioner's Order" - means that certain "Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Finance on July 20, 1995. ' "Completion Date" - means December 31,2010, the date of projected completion of the Project as specified in the Construction Contract Documents. "Contractor" - means any person engaged to work on or to furnish materials and supplies for the Project including, if applicable, a general contractor. ' "Construction Contract Documents" - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change 'orders or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors concerning the Project and which provide for the completion of the Project on or before the Completion Date for either a fixed price or a guaranteed maximum price. "Declaration" - means a declaration, or declarations, in the form as Attachment n to this Agreement and all amendments thereto, indicating that the Public Entity's interest in the Real Property and, if applicable, the Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed there1;>y. "Disbursemenf' - means disbursement of grant funds to be made by the State Entity to the Public Entity which are disbursed in accordance with the provisions contained in Article V hereof. Generic GO Bond Proceeds Grant Agreement for Construction Grants 2 RDGP-07-0004-0-FY07 Ver-12l2006 (Gnrc GO GA-Cnstrctn Gmt) ''Event of Default" - means those events delineated in Section 2.05. ''Facility'', if applicable, - means public infrastructure improvements for the purpose of redevelopment, which is located, or will be constructed and located, on publicly owned Real Property. ''Fair Market Value" - means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an - appraisal which assumes that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released at the time of acquisition by the purchaser. "G.O. Bonds" - means the state general obligation bonds issued under the' authority granted in Article XI, ~ 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Grant or any bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Stat. ~ 16A.695 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. "Grant" - means a grant of monies from the State Entity to the Public Entity in an amount of$588.900. "Inspecting Engineer", if any - means the State Entity's construction inspector, or its designated consulting engineer. ''Payment Request" - means a payment request that the Public Entity, or its designee, will submit to the State Entity when a payment is requested, and which is referred to in Section 5.01. ' ''Projecf' - means the acquisition of an interest in the Real Property and, if applicable, the Facility, along with the performance of those activ.ities indicated in Section 2.03. ''Public Entity" - means the Citv of Centerville. a Statutory Citv. ''Real Property" - means the publicly owned, real property located in the County of Anoka. State of Minnesota, legally descnoed in Attachment I to this Agreement. "State Entity" - means the Minnesota Department .of Employment and Economic Development (DEED). ''Use Contracf' - means a lease, management contract or other similar contract between Public Entity and any other entity, and which involves .or relates to the Real Property and, if applicable, the Facility. Generic GO Bond Proceeds Grant Agreement for Construction Grants -3 RDGP-07-OO04-0-FY07 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) ''Usee'' - means any entity with which the Public Entity contracts Under a Use Contract. Article n GRANT Section 2.01 Gran~ of Monies. The State Entity shall issue the Grant -to. the Public Entity based on the Application submitted to the State Entity and incorporated into this Agreement, and disburse the proceeds in accordance with the provisions of this Agreement The Grant is not intended to be a loan. Section 2.02 Use of Grant Proceeds. The Public Entity shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities: (Check all appropriate boxes.) o Acquisition of fee simple title to the Real Property; o Acquisition of a leasehold interest in the Real Property; o Acquisition of an easement on the Real Property; lEI Improvement ~fthe Real Property, o Acquisition of the Facility, o Improvement of the Facility, D Renovation or rehabilitation of the Facility, D Construction of the publicly-owned Facility, or IKJ Other: Demolition of structures. Section 2.03 Operation of the Real Property and Facility. The Public Entity shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as public infrastructure. or for such o1:l:1er use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts must have been .approved, in writing, by the State Entity and the Commissioner of Finance and fully comply with all of the provisions contained in Section 3.01. The Public Entity shall also annually determine that" the Real Property and, if applicable, the Facility are being so used, and shall annually supply a statement, sworn to before a notary public, to such effect to both the State Entity and the Commissioner of Finance. Generic GO Bond Proceeds Grant Agreement for Construction Grants 4 RDGP-07-0004-0-FY07 Ver- 1212006 (Gnrc GO GA-Cnstrctn Gmt) For those programs, if any, that the Public Entity will directly operate on the Real Property ~d, if applicable, in the Facility, the Public Entity qovenants with and represents and warrants to the State Entity that; (i) it has the ability and. a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (ill) it will annually adopt, by resolution, a budget for the operation of suchpro~ that clearly shows that forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, and will supply to the State Entity and the Department of Finance certified copies of such resolution and budget. For those programs, if any, that will be operated on the Real Property and, if applicable, in the Facility, by a Usee under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it will not enter into such Use Contract unless the Usee has demonstrated that it has the ability and a plai1 to fund such program, (ii) it will require the Usee to provide an initial and annual program budgets that. clearly show that forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, (ill) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, (iv) it wii1 reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues will be equal to or greater than forecast program expenses, and require the Usee to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to both the State Entity and the Commissioner of Finance certified copies of such resolution and budget. Section 2.04 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It . has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. C. It will comply with all of the terms, conditions, proVISIOns, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. D. It will comply with all of the provisions and requirements contained in the G.O. Compliance Legislation and the Commissioner's Order. E. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it previously submitted to the State Generic GO Bond Proceeds Grant Agreement for Construction Grants 5 RDGP-07-0004-0-FY07 Ver-12l2006 (Gnrc GO GA-Cnstrctn Gmt) Entity or which it will submit .to the State Entity in the future relating to the Grant or the disbmsement of any of the Grant is and will be true and correct. F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to. its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, the Facility, and it is not in default with respect to any order, wri~ injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreemen~ the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. . G. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein, not compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breaCh of: or will result in a breach of: any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. H. The contemplated use of the Real Property and, if applicable, the Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I. The Project was, or will be, completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Proj ect. J. All applicable licenses, permits and bonds required' for the performance and comple~on of the Project have been, or will be, obtained. K.. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been, or will be, obtained. L. It will operate, maintain, and manage the Real Property and, if applicable, the Facility in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, the Facility. M. It has, or will acquire, the following interest in the Real Property and, if applicable, the Facility, and, in addition, will possess all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03: Generic GO Bond Proceeds Grant Agreement for Construction Grants 6 RDGP-07-0004-0-FY07 . Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) [1g Fee simple title to the Real Property, and if applicable, the Facility; D A lease on the Real Property, in form and substance acceptable to the State Entity, for a term of at least 50 years which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, and, if applicable, either fee simple title to the Facility or a lease therefore for a term of at least 50 years which cannot be prematurely cancelled . or terminated without the prior written consent of the State Entity; or [1g An easement on the Real Property, in form and substance acceptable to the State Entity, for a term of at least 50 years which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, and, if applicable, either fee simple title to the Facility or a lease therefore for a term of at least 50 years which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity; . and such interests are or will.be subject only to those easements, covenants, conditions and restrictions that will not materially interfere with the completion of the Project and the intended operation and use of the Real Property and, if applicable, the Facility, or those easements, covenants, conditions and restrictions which are specifically. consented to, in writing, by the State Entity. N. It will fully enforce the terms and conditions contained in any Use Contract. o. It has complied with the matching funds reqUirement, if any, contained in Section 6.23. P. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. Q. The Project will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and will be situated entirely on the Real Property. R. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its conduct of work on the Proj ect. S. It will not allow any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic's lien or a mortgage lien, without the prior written coIi.s~t of both the State Entity and the Commissioner of Finance. Generic GO Bond Proceeds Grant Agreement for Construction Grants 7 . RDGP-07-OO04-0-FY07 Ver-11J2006 (Gnrc GO GA-Cnstrctn Gmt) ". T. It will furnish to the State Entity as soon as possible and in any event within 7 calendar'days after the Public Entity has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of DefaUlt, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Public Entity proposes to take with respect thereto. . U. It shall furnish such sati~factory' evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner of Finance. Section 2.05 Event(s) ot Default. The following events shall, unless waived in writing by both the State Entity and the Commissioner of Finance, constitute an .Event Qf Default under this Agreement upon either the State Entity or the Commissioner of Finance giving the. Public Entity 30 days written notice of such event, and Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to C"Qre and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following events that cannot be cured shan, unless waived in writing by both the State Entity and the Commissioner of Finance, . constitute. an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of Finance giving the Public Entity written notice of such event. A. If any representation, covenant, or warranty made by the Public Entity herein, in any Payment Request, or in any other document furnished purSUant to this Agreement, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in the G.O. Compliance Legislation or the Commissioner's Order. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfacti~n of the State Entity, the State Entity or the Commissioner of Finance may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. Generic GO Bond Proceeds Grant Agreement for Construction Grants 8 RDGP-07-00()4..0...FY07 Ver-1212006 (Gnrc GO GA-Cnstrcbi Gmt) B. The Commissioner of Finance, as a third party beneficiary of this Agreement, may. demand that the portion of the Grant already disbursed to the Public Entity be returned . to it, and upon such demand the Public Entity shall return such portion to the Commissioner of Finance. C. Either the State Entity or. the CommisSioner of Finance, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. . The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of Finance would otherwise possess. If the Public Entity does not repay any portion of the amount specified in Section 2.06.B within 30 days of demand by either the State Entity or the Commissioner of Finance, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that-the Public Entity is entitled to receive fi:oni the State of Minnesota. Section 2.07 Notification of Event of Default. The Public Entity shall furnish to both the State Entity and the Commissioner of Finance, as soon as possible and in any event within 7 calendar days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.08 Termination/Modification of Grant. If the Project is not started on or before June 30, 2008, or such later date to which the drant Recipient and the State Entity may agree'in writing, then, the State Entity's obligation to fund the Grant shall termmate, and, in such event, (i) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (ll) if some but not all of the Grant has been disbursed by such date then the State shall have no further obligation to provide any additional funding for the Grant and this Agreement .shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. In addition, if all of the Grant has not been disbursed on or before December 31,2010, or . such later date as the Public Entity and the State Entity may agree to in writing, then the State Entity's obligation to continue to fund the Grant shall terminate, and, in such event, (a) ifnone of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any forc~ or effect, and (b) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the Grant and this Agreement shall remain if full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon (a) the termination of the Public Entity's leasehold or easement interest in the Real Property in Generic GO Bond Proceeds Grant Agreement for Construction Grants 9 RDGP-07-0004-0-FY07 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) .' accordance with the terms of such lease or easement, or (b) the sale of the Public Entit;ys interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.03 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of Finance in compliance with the provisions contained in Section 3.04. Upon such termination the State Entity shall execute and deliver to the Public Entity such documents as are required to release the Real Property and, if applicable, the Facility, from the effect of the Declaration. In the event that the legislation that authorized the Grant is amended to increase or reduce the amount of the Grant or in any other way, then this Agreement shall be deemed to have been automatically modified in accordance with such amendment and the amount of the Grant shall also be automatically modified in accordance with such amendment. Section 2.09 Effect of Event of Default. If an Event of Default occurs and the Public Entity is required to and does return the amount specified in Section 2.06.B to the Commissioner ofFmance, then the following shall occur. A. This Agreement shall survive and remain in full force and effect. B. The amount returned by the Public Entity shall be credited against any amount that shall be due to the Commissioner of Finance under Section 3.04 and against any amount that becomes due and payable because of any other Event of Default. Article m USE CONTRACTS AND SALE Section 3.01 Use Contracts. Each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which the Use Contract was entered into must be a governmental purpose.. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering the Use Contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that the Use Contract is being entered into in order to carry out the purpose for which the Grant was ~ocated, and mu.,st recite the purpose. D. It must be for a term, including any renewals that are solely at the option of the Usee, that is, if applicable, sub,stantially less than the useful life of the structures and improvements that make up the Facility, but may allow for renewals beyond the original term upon a determination by the Public Entity that the use continues to carry out the specific purpose for which the Grant was allocated. A term that is equal to or shorter than 50% of the useful life of the structures and improvem~ts that make up.. the Facility will Generic GO Bond Proceeds Grant Agreement for Construction Grants 10 RDGP;.Q7-0004-o-FY07 Ver- 1212006 (Gmc GO GA-Cnstrctn Gmt) meet the requirement that it be for a time period that is substantially shorter than the. useful life of such structures and improvements. E. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Usee to provide to the Public Entity; (i) an fuitial program evaluation report, and (ii) a program budget, at least annually, showing forecast program revenues and expenses for the next fiscal year. F. It must allow for termination by the Public Entity in the event of a default thereunder by the Usee, or in the event that the specific purpose for which the Grant was allocated is terminated or changed. G. It must .require the Usee to pay all costs of operation and maintenance of the . Real Property and, if applicable, the Facility, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If any monies are to be paid to the Public Entity under the Use Contract, then it must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of Finance, take such actions and furnish such documents to the Commissioner of Finance as the commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. . 1. It must be approved, in writing, by both the State Entity and the Commissioner of Finance, and any Use Contract that is not approved, in writing, by both the State Entity and the Commissioner of Finance shall be null and void and of no force or effect. J. If the amount of the Grant exceeds $200,000.00, then it must coJitain a provision requiring the Usee to list any vacant or new positions it may have with job services of the Commissioner of Employment and Econonllc Development for the State of Minnesota, or the local service units, as required by. Minn. Stat. ~ 268.66, subd. 1 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the temi of the Use Contract. Section 3.02 Receipt of Monies Under a Use Contract. If the Public Entity receives any monies under a Use Contract, then a portion of such monies in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the Real Property and, if applicable, the Facility, or to pay the principal, interest, redemption premiums, and other expenses on debt related to the Real Property and, if applicable, the Facility, other than the debt on the G.O. Bonds and debt for which the Public Entity has no financial liability, must be paid by the Public Entity to the Commissioner of Finance. The portion of such excess monies that the Public Entity shall pay to the Commissioner of Finance shall be determined by the Commissioner of Finance mid absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess amount by a fraction the numerator of which is the amount of G.O. Bonds and the denominator of which is the total principal amount of all public debt financing incurred with respect to the Real Property and, if applicable, the Facility other than public debt issued by a public entity for which it has no financial liability. Generic GO Bond Proceeds Grant Agreement for Construction Grants 11 RDGP-07-OO04-0-FY07 Ver-12l2006 (Gnrc GO GA-Cnstrctn Gmt) . Section 3.03 Sale. The Public Entity shall not sell its interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with :ful,ly. A. The Public Entity determines, by official action, ,that it is no longer usable or needed as public infrastructure. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of Finance has been obtained. The acquisition of the Public Entity's interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Public Entity's interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates the Real Property and, if applicable, the Facility in a manner which is not inconsistent with the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real, PrOp~ and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance wi~ the provisions contained in Section 3.04. Section 3.04 Proceeds of a Sale. Upon the sale of the Public Entity's interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order. . A. The:first distribution shall be to the Commissioner of Finance in an amount equal to the amount of the Grant actually disbursed, and if the amount of such net proceeds shall be less than the amount of the Grant actually disbursed then all of such net proceeds shall be distributed to the Commissioner of Finance. B. The remaining portion, after the distribution specified in Section 3.04.A, shall be distributed to pay in :full any outstanding public or private debt incurred to acquire the Public Entity's interest in or for the betterment of the Real Property and, if applicable, the Facility in the order of priority of such debt. C. The remaining portion, after the distributions specified in Sections 3.04.A and B, shall be divided and distributed in proportion to the shares contributed to the acquisition of the' Public Entity's interest in or for the betterment of the Real Property and, if applicable, the Faci1i~es by public and private entities, including the State Entity but not including any private entity that has been paid in :full, that supplied funds in either real monies or like kind contributions for such acquisition and betterment, and the State Entity's distribution shall be made to the Commissioner of Finance. Such public and private entities may agree amongst themselves as to any redistribution of such distributed funds. Generic GO Bond Proceeds Grant Agreement for Construction Grants 12 RDGP-07-0004-0-FY07 Ver - 1212006 (Gnlc GO GA-Cnstrctn Gmt) The Public Entity shall not be required to pay.or reimburse the State Entity for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Grant actually disbursed. Article IV COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 4.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's interest in. the Real Property and, if applicable, the Facility is "state bond :financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute an~ order apply to the Public Entity's interest in the Real Property and, if applicable, the Facility and any Use Contracts relating thereto. Section 4.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees that during the time period that any G.O. Bonds are outstanding and unpaid: A. It will not use the Real Property and, if applicable, the Facility, or use or invest the Grant or any other sums treated as ''bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such:a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. ' It will deposit into and hold all of the Grant that it receives under this Agreement in a segregated non-interest bearing account unti~ such funds are used for payments for the Project in accordance with the provisions contained herein. . C. It will, upon written request, provide the Commissioner of Finance all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof. D. It will, upon direction from the Commissioner of Finance, take such actions and furnish such documents as the Commissioner of Finance determines to be necessary to ensure that the interest tobe paid on the G.O. Bonds is exempt from federal taxation, which Such action may include either; (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so - that it complies with Revenue Procedures 93-19 and 97-13, or (ill) compliance with Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O.Bonds, nor otherwise omit, take, or cause to be taken any-action necessary to maintain such tax exempt status, and if it should Generic GO Bond Proceeds Grant Agreement for Construction Grants . 13 RDGP-07-OO04-0-FY07 Ver-1212006 (GiIrc GO GA-Cnstrctn Gmt) take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind. or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner which reduces any requirement imposed against the Public Entity, or if the Public Entity's interest in the Real Property and, if applicable, the Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity. shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's interest in the Real Property and, if applicable, the Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 Payment Requests. State Entity shall disburse funds to the Public Entity pursuant to this Agreement, based upon a payment request provided by the State Entity, submitted by the Public Entity arid reviewed and approved by the State Entity. Payment requests must be accompanied by supporting invoices that relate to activities in the approved Redevelopment Budget. The amount of grant funds requested by the Public Entity cannot exceed 50% of the total approved Redevelopment costs incurred by the Public Entity as supported .by invoices. Section 5.02 Additional Funds from Borrower. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all other funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to cOn:;lplete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply' the amount of funds specified in the State Entity's notice. Section 5.03 Condition Precedent to Any Disbursement. The obligation of the State Entity to make any Disbursement hereunder (including the initial Disbursement) shall be subject to the following conditions precedent: A. The State Entity shall have received a Payment Request for such Disbursement specifying the amount of funds being requested, which such amount when added to all prior requests for Disbursement shall not exceed the maximum amount of the Grant set forth in Section 1.01. B. The State Entity shall have received Ii duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. Generic GO Bond Proceeds Grant Agreement for Construction Grants 14 RDGP-07-0004-0-FY07 Ver - 1212006 (Gnrc GO GA-Cnstrctn Gmt) C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay . for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 6.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,. showing that the Public Entity currently possesses or will use the Grant to acquire either; (i) fee simple title to the Real Property and, if applicable, fee simple title to the Facility, (ii) a lease of the Real Property, in form and substance acceptable to the State Entity, for a term. of at least 50 years which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, and,. if applicable, either fee simple title to the Facility or a lease thereoffor a teim of at least 50 years which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, or (ill) an easement on the Real Property, in form and substance acceptable to the State Entity, for a term of at least 50 years which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, and, if applicable, either fee simple title to the Facility or a lease thereof for a term of at least 50 years which cannot be prematurely cancell~ or terminated. without the prior written consent of the State Entity. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, the Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and have been duly approved by the applicable municipal or governmental authorities having jurisdiction. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that all applicable and required building permits, other permits, bonds and licenSes necessary for the completion of the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. 1. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that all applicable and required permits, bonds and licenses neceSsary for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds Generic GO .Bond Proceeds Grant Agreement for Construction Grants 15 RDGP-07:.o004-0-FY07 Ver- 1212006 (Gmc GO GA-Cnstrctn Gmt) and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, the Facility to be operated in the manner specified in Section 2.03. K.. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the program which will be operated on the Real Property and, if applicable, in the Facility. L. The State Entity shall have received evidence, in form and subst~ce acceptable to.the State Entity, that the Construction Contract Documents are in place and are fully and completely enforceable. M. The State Entity ~ have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Project substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers anc;l materialmen who worked on the Project or supplied materials therefore, other" than mounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Coritract Docum~ts which name the State Entity and the Public Entity dual obligees thereunder, or such other evidence as may be acceptable to the Public Entity and the State Entity. N. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the policies of insurance required under Section 6.01 are in ,full force and effect. o. The State Entity shall have received evidcmce, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 6.10 and all additional applicable provisions and requirements contained in Minn. Stat. ~ 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that; (i) the predesign package referred to in Section 6.10.B has been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) "the program plan and cost estimates referred to in Section 6.10.C have received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and MeanS Comniittee, and (ill) the Chair of the Minnesota House of Representatives Capital Investment Committee has been notified pursuant to Section 6.1 O.G. . "P. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, or if such a determination has been made and notice thereof sent Generic GO Bond Proceeds Grant Agreement for Construction Grants 16 RDGP-07-0004-0-FY07 Ver-12J2006 (Gnrc GO GA-Cnstrctn Gmt) to the Public Entity then the Public Entity has supplied or has caused some other entity to supply the necessary funds in accordance with Section 5.02, or to provide evidence acceptable to the State Entity that sufficient funds are available. Q. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. R The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably ;require. Section 5.04 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Project, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each payment request has been properly done or supplied in accordance with the applicable contracts. with such Contractors. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity .or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer may conduct such inspections of the Project as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer are made and all certificates issued by the Inspecting Engineer will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VI MISCELLANEOUS Section 6.01 Insurance. The Public Entity shall -maintain or cause to be maintained builder:s risk insurance and :fire and extended coverage insurance on the Facility, if such exists, in an amount equal to the full insurable value thereof: and shall ;name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occurs to the Facility, if such exists, then the Public Entity shall, at its sole option and ~scretion, either; (i) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ll) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance with the provisions contained in Section 3.03. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds which are not used for such repair shall be applied in accordance with the provisions contained in Section 3.04 as if the Public Entity's interest in the Real Property and Facility, if such exists, had been sold, and such amounts shall be credited against the amounts due and .owing under Section 3.04 upon the ultimate sale of the Public Entity's interest in the Real Property and Facility, if such exists. If the Public Entity elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in S~tion 3.04, with the insurance Generic GO Bond Proceeds Grant Agreement for Construction Grants 17 RDGP-07-OO04-0-FY07 Ver-.1212006 (Gnrc GO GA-Cnstrctn Gmt) pro~eeds being so applied within a reasonable time period from the date they are received by the Public Entity. . As loss payee under the insurance required herein the State Entity agrees to and will. assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section 6.01 imposes upon the Public Entity as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and Facility, if such exists, then the Public Entity shall have the State Entity named as an additional named insured therein. At the written request of either the State Entity or the Commissioner of Finance, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. Section 6.02 Condemnation. If all or any portion of the Real Property and, if applicable, the Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.03, then the Public Entity shall, at its sole option and discretion, either; (i) use or cause the condemnation proceeds to be used to acquire an int~est in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.03 and, if applicable, to fully. or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ll) sell the remaining portion of its interest in th~ Real Property and, ifapplicable, the Facility in accordance with the provisions contained in Section 3.03. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable; the Facility shall be applied in accordance with the provisions contained in Section 3.04 as if the Public Entity's interest in the Real Property and, if applicable, the Facility had been sold, and . such amounts shall be credited against the amounts due and owing under Section 3.04 upon the ultimate sale of the Public Entity's interest in the Real Property and, if applicable, the Facility. If the Public Entity elects to sell its interest in the portion of the Real Property and, if applicable, the Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.04, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receiv~ so that the Public Entity can comply with the requirements which this Section 6.02 imposes upon the. Public Entity as to the use of such cond~ation awards or proceeds. .. Section 6.03. Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of both the State Entity and the Commissioner of Finance, permit.or suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other Generic GO Bond Proceeds Grant Agreement for Construction Grants 18 RDGP-07-0004-0-FY07 Ver- 1212006 (Gore GO GA-Cnstrctn Gmt) than the use for which the same is intended as of the effective date of this Agreement. In addition, the Public Entity; (i) shall keep the Real Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and ordinaiy wear and tear, (ii) shall not, written consent of both the State Entity arid the Commissioner of F41ance, remove, demolish or substantially alter (except such alterations as may be required by laws, ordinances or regulations) any of the Facility, if applicable, (ill) shall not do any act or thing w~ch would unduly impair or depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon . the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefore, (vi) shall comply with all laws, ordinances, regulations, requireinents, covenants, conditions and reStrictions now or hereafter affecting the Real Property and, if . applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto, (vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable, the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, ro~, parking and . landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any lease if the Public Entity's interest in the Real Property and, if applicable, the Facility, is a leasehold interest, (x) shall comply with the provisions of any condominium documents if the Real Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove any fixtures or personal property from the Real Property and, if applicable, the Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with like property of at least equal value and utility, and (xii) shall not commit, suffer or permit any . act to be done in or upon the Real Property and, if applicable, the Facility, in violation of any law, ordinance or regulation. Section 6.04 Records Keeping and Reporting. The Public Entity shall submit to the State Entity a report on the distribution of funds and the progress of the Project covered from the date of the Agreement through June 30 of each year. The report must be received by the State Entity no later than July 25 of each year. The report shall identify specific project goals listed in the Redevelopment Grant Application for the Project and quantitatively and qualitatively measure the progress of such goals. Reporting forms will be provided by the State Entity. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Proj ect and operation of the Real Property and, if applicable, the Facility, and compliance with the requirements contained in this Agreement, the G.O. Compliance Legislation, and the Commissioner's Order, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records, papers, or other documents relevant to the Grant. The Public Entity shall use or cause the entity which is maintaining such books and records to use generally accepted accounting principles in the maintenance of such books and records, and shall retain or cause to be retained all of such books, records, documents and other evidence for a period of 6 years from the date that ~e Project is fully completed and placed into operation. Generic GO Bond Proceeds Grant Agreement for Construction Grants 19 RDGP-07-OO04-0-FY07 Ver-12l2006 (Gnrc GO GA-Cnstrctn Gmt) Section 6.05 Inspection of Facility After Completion. Upon reasonable request by the State Entity the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters. into a Use Contract for any portion of the Real Property and, if applicable, the Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility. Section 6.06 Data Practices. The Public Entity agrees with respect. to any data that it possesses regarding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 6.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices in the completion of the Project, or operation or management of the Real Property and, if applicable, the Facility, and it shall, with respect to such activities, fully comply with aU of the provisions contained in Minn. Stat. ~~ 363.03 and 181.59 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from .time to time. . Section 6.08 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. ~~ 176.181 subd. 2 and 176.182 that exists as of the date of this Agreement and as such may. subsequently be amended, modified or replaced from time to time, with respect to the completion of the Project, and the operation or management of the Real Property and, if applicable, the Facility. Section 6.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of Finance all claims it may have for over charges as to goods or services provided in its completion of the Project, and operation or management of the Real Property and, if applicable, the Facility that arise under the antitruSt laws of the State of Minnesota 'or of the United States of America. Section 6.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements contained in Minn. Stat. ~ 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity'and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. ~ 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must Generic GO Bond Proceeds Grant Agreement for Construction Grants 20 RDGP-07-0004-o-FY07 Ver-12l2006 (Gnrc GO GA-Cnstrctn Gmt) demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Proj ect includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, .then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented thel)1 to the Chairs of the Minnesota State Senat~ Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair of the Minnesota House of Representatives Capital Investment Committee. The program. plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted. or which differ from any previous predesign submittal. D. The Public Entity must no~fy the Chairs of the Minnesota State Senate Finance Committee, th~ Minnesota House of Representatives Capital.Investment Committee and the Minnesota House of Representatives Ways and Means Committee of any significant changes to the program plan and cost estimates referred to in Section 6.10.C. E. The program plan and cost estimates referred to ~ Section 6.10.C must ensure that-the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. ~~ 216C.19 to 216C.20 that exists as of the date of this ,Agreement and as such may subsequently be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 6.1 O.B and the program. plan and cost estimates referred to in Section 6.10.C must include provisions for cost-effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations where such provisions are deemed necessary by the Information Policy Office of the Department of Administration for the State of Minnesota. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration 'of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. 'H. The Project must be; (i) completed in accordance with the program. plan and cost estimates referred to in Section 6.10.C, (ii) completed in accordance with the time " Generic GO Bond Proceeds Grant Agreement for Construction Grants 21 RDGP-07-0004-o-FY07 Ver- 1212006 (Gnrc'GO GA-Cnstrctn Gmt) .. schedule..contained in the program plan referred to in Section 6.10.ClO and (iii) completed within the budgets contained in the cOst estimates referred to in Section 6.10.C. Provided, however, the provisions and requirements contained in this Section 6.10 only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, rails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. ~ 457 A.04 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, ice arenas, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost ofless than $750,000.00. Section 6.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. ~~ 177.41 through 177.435 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 6.12 Liability. The Public Entity and the State Entity agree that they Will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent a~thorized by law, and they shall not be r~onsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of Finance is governed by the provisions contained in Minn. Stat. ~ 3.736 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity is governed by the provisions contained in such Chapter 466. Section 6.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys' fees), and damage in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify and hold harmless the State Entity, its agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, its agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, its employees, servants or agents. . Generic GO Bond Proceeds Grant Agreement for Construction Grants . 22 RDGP-07-0004-o-FY07 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) The Public Entity further agrees to "indemnify, save," and hold the State Entity, the Commissioner of Finance, and the State of Minnesota, their agents and employees," har.mless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Usee, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Ac~ including legal fees and disbursements paid or incurred to enfQJCe the provisions contained in Section 6.06. The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 6.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or"establishing the relationship of c0- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of Finance, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of either the State Entity, the Commissioner of Finance, or the State of Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property and, if applicable, the Facility. " The Public EntitY repr~ents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the completion of the Project and the operation and maintenance of the Real ~operty and, if applicable, the Facility.. All personnel of the ~blic Entity or other persons while engaging in the performance of this Agreement, the completion of the Project, or the operation and maintenance of the Real Property and, if applicable, the Facility shall not have any contractual relationship with either the State Entity, the Commissioner of Finance, or the State of Minnesota and shall not be considered employees of . any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of either the State Entity, the Commissioner of Finance, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner of Finance, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 6.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: Generic GO Bond Proceeds Grant Agreement for ConstructiOD Grants 23 RDGP.:.o7.:.o004-0-FY07 Ver"-1212006 (Gmc GO GA-Cnstrctn Gmt) ." To the Public Entity at: City of Centerville 1880 Main Street . Centerville. MN 55038 Attention: John Meyer . To the State Entity at: Minpesota Department of Employment and Economic Development I st National Bank Building, 332 MUmesota Street Suite E200 S1. Paul, Minnesota 55101-1351 Attention: Brownfields and Community Assistance Unit To the Commissioner of Finance at: Minnesota Department of Finance 400 Centennial. Office Bldg. 658 Cedar S1. 81. Paul, MN 55155 Attention: ConnnffisionerofFinance Section 6.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, mid their respective successors and assigns. Provided, however, that neitJ;1er the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 6.17 Waiver. Neither the failure by the Public Entity,. the State Entity, or the Commissioner of Finance, as a third . party beneficiary of this Agreement, in anyone or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, rior the failure of the Public Entity, the State Entity, or the Commissioner of Finance, as a third party beneficiary of thi~ Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the rIght to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part oteither the Public Entity, the State Entity, or theConlmissioner of Finance, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Generic GO Bond Proceeds Grant Agreement for Construction Grants 24 RDGP-07-0004-0-FY07 Ver- 1212006 (Gnrc GO GA-Cnstrctn Gmt) Section 6.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any,. referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or 'written, between the Public Entity and the State Entity on the subject matter hereof. Section 6.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or eD.forcement of this . Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in :fuJl force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the completion of the Project: Per Minn. Stat. ~ 116J.575, subd. 3, the Grantee must pay for at least one-half of the Redevelopment Costs as a local match from any money available to the municipality. . . Section 6.24 Third-Party Beneficiary. The public program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of Finance, is and shall be a third-party beneficiary of this Agreement. Section 6.25 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing before the term ''Facility'' is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then .this Agreement will only apply to the Public Entity's interest in the Real Property. .. Generic GO Bond Proceeds Grant Agreement for Construction Grants 25 RDGP-07-0004-0-FY07 Ver-1212006 (Gore GO GA-Cnstrctn Gmt) Section 6.26 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. Redevelopm~nt Budget for the Centerville Downtown Redevelopment Project: Activitv Street Improvements Parking Lot Construction Demolition Land Acquisition SewerlW ater Installation DEED Grant $ 318,500. 190,400 80.000 City Funds 584,050 196.518 . Totals $ 318,500 190,400 80,000 584,050 196.518 DEED Grant Total: Local Match Total: Total Project: $ 588.900 $ 780.568 $1.369.468 DEED Grant proceeds may be used only for project activities on property that is and will remain in public ownership. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Generic GO Bond Proceeds Grant Agreement for Construction Grants 26 RDGP-01-0004-0-FY07 Ver-12l2006 (Gnrc GO.GA-Cnstrctn Gmt) IN TESTIMONY HEREOF, the Public Entity and the Stat~ Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the Centerville Downtown Redevelopment Project on the day and date indicated immediately below their respective signatures~ Grant Number: RDGP-07-0004-o-FY07 Generic GO Bond Proceeds Grant Agreement for Construction Grants PUBLIC ENTITY: a the City of Centerville Statutory City By: Its: Dated: And: By: '- Its: Executed on the _ day of STATE ENTITY: Department of Employment and Economic Development. By: Paul A. Moe Its: Deputy Commissioner Dated: '- Funds for this grant have been encumbered. By: Dated:- '- 27 RDGP-07-0004-0-FY07 Ver-1212006 (Gnrc GO GA-Cnstrctn Gmt) ATTACHMENT I LEGAL DESCRIPTION East 15 feet and west 60 feet oflots 1. 2. 3. 4. 5 & 6 Block? Centerville 0ri2ina1 Town site. Anoka County Minnesota . East 15 feet and west 6~ feet of lots 1.2. 3.4. 5 & 6 Block 8. Centerville Original Town site. Anoka County Minnesota . Generic GO Bond Proceeds Grant Agreement for Construction Grants 28 RDGP-07-0004-0-FY07 Ver-1212006 (Gnre GO GA-Cnstrctn Gmt) Attachment IT SAMPLE DECLARATION The undersigned has the following interest in the real property legally described in Exhibit A attached and all facilities situated thereon. (cumulatively referred to as the "Restricted Property''): (Check the appropriate box.) o a fee simple title, o a lease, or o an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. ~ 16A.695 that exists as of the date of this Declaration and as such may subsequently be amended, modified or replaced from time to time, is subj ect to the encumbrance created and requirements imposed thereby, and cannot be sold or otherwise disposed of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance, which approval must be evidenced by a written statement signed. by the Commissioner of Finance and attached to the deed or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisi9ns, and limitations contained in that certain General Obligation Bond Proceeds Grant Agreement Construction Grant for the Centerville Downtown Redevelopment Project between the City ofCenterville and the D~artment of Employment and Economic Development. dated <<date!>>. Generic GO Bond Proceeds Grant Agreement for Construction Grants 29 <dDB #>> Ver- 1212006 (Gmc GO GA-Cnstrcb1 Gmt) " The Restricted Property shall remain subject to such restrictions and encumbrances until it is released therefrom by way of a written release in recordable form signed by both the Minnesota Det>arbnent of En:tplovment and Economic Development and the lY,[innesota Commissioner of Finance, and such written release is recorded in the real estate records relating to the Restricted Property. PUBUC ENTITY: a the Ci1;y of Centerville StatutOry City By: Its: Dated: And: By: Its: Executed on the _ day of STATE OF MINNESOTA) ) ss. COUNTY OF ) This Deparbnent of Employment and Economic Development Declaration was executed and acknowledged before me on the _ day of 20-, by the . and . the . of . a . on behalf of said Notary Public This Declaration was drafted by: Generic GO Bond Proceeds Grant Agreement for Construction Grants 30 <<!DB #>> Ver - 1212006 (Gnrc GO GA-Cnstrctn Gmt) Exhibit A LEGAL DESCRWTION FOR DECLARATION Generic GO Bond Proceeds Grant Agreement for Construction Grants 31 <dDB ib> ," :i " . Ver-1212006 (Gorc GO GA-Cnstrctn Gmt) [jij Ctm 'D1Ml c."",. P.O.Box 48265 Coon Rapids, MN 5S448 763-755-0577 612-296-1439 877-503-5341 randy@candadcamera.com www.candadcamera.com May 23, 2007 Mayor Mary Capra City CouncIl members City of Centervi11e 1880 Main St Centervi11e, MN 55038 Dear Mary At Council members, Thank you for giving us the opportunity to serve you and YOlD' great community. Congratu1ations on Centerville's Sesquicentennial year. In conjunction with The Anoka County Sesquicentennial all photos will be available for viewing on OlD' web site at www.candadcamera.com. After the images are uploaded the city offices will be emailed the direct link to each photo album. A CD of each photo album may be pun:hased. The fee for the CDs will be waived in exchange for linking ftom the city's web site to OlD' web site, letting viewers know of the Anoka County Sesquicentennial Photo Project. We at Can Dad Camera, a Coon Rapids company are submitting the following bid for providing the City of Centervi11e with Aerial and Ground level photography and advertising as follows. All pricing below is based on the acceptance of the total package. Quote is subject to change without a contract. r~$ #1) May 16, 2007 Photo shoot ofCenterville Elementary All School Reunion at Gulvans. Approximately 1 holD'requested (actual 1.5 hours provided) 1 CD and 1 8xl0 print provided. [Completed] 1~ - #2} May 23,2007 Photo shoot ofCenterville City Council meeting and ofpast Mayors available for the ? ~O'" ? Anoka County Sesquicentennial Photo Project. /~ August 4, 2007 Saturday: approximately 10:15-10:4Sam Aerial Photos of the parade and also of .32. ,- L;1 City of Centerville - summer photos. More than 200 images will be provided. #4) August 4,2007 Noon - 2:00 pm 2 hours Fete des Lacs celebration. More than 100 images provided. . 4!S- ~ August 4,2007 7:00pm - 11:00 pm 4 hours Fete des Lacs celebration. More than 200 images ~vided. ~~ FaD time AorIaII'bologtapby ofCetdi:rYiDc including JIIlIIl)' ongIes. -...... 200 /11 - (#1)lebruary 2008 (weather permitting) Aerial photography of2fih annual ice fishing contest on Peltier ~. Also photos of the City ofCenterville will be included. Over 200 images will be provided. 32 ~ - [predetermined time - special pricing] Dr J 99 - Y<1 yc., t<,) (42 7. ~o or /Z.?ZDO Breakdown ofpricing: #1) Ground photos-hourly (see chart below) 1 hour(actuall.5brs) $ 85.00 travel fee $ 2S.()()4' Ground photos - City CouncD meeting with past mayors for sesquicentennia donations accepted Regular Aerial $199.00 predetermined time - add $130 $329.00 Ground photos- hourly (see chart below) 2 hours $165.00 travel fee $ 25.00 Ground photos - hourly (see chart below) 4 hours $270.00 travel fee $ 25.00 Regular Aerial $199.00 Fall time $199.00 Regular Aerial $199.00 predetermined time - add $130 $329.00 OPTION B: wintertime photos (not predetermined) deduct $130 [$199.00] Ittravel fee waived - permission to sell prints on premises Total without option B Total with option B Preoavment DIseouDts Pay $500.00 by June IS, 2007 $ 70.00 offto1al (- 5%) Pay $1000.00 by June 15.2007 $140.00 off total (- l00A.) #2) #3) #4) #5) #6) #7) $1427.00 $1297.00 Remaining amounts due upon completion.. of each segment. ..Comp1etion is defined as: notice via email to City offices (and emaillist provided by Council) indicating photo album is viewable at www.candadcameracom (the link will be indicated in the email) CDs of each photo album may be pu.rchased for $20.00 each including shipping. 1 CD will be provided at no cost provided City web site contains link to photo album. The City of Centerville may use images provided by Can Dad Camera for marketing and other purposes with credits to Can Dad Camera as fonows: photo{s) by Can Dad Camera, www.candadcameracom Prints may be sold with a label affixed to the back as follows: photo by Can Dad Camera, www.candadcamera.coml-877-503-5341 Hourly rates are according to the following schedule. Minimum 1.5 hours (over 4 hours - no travel charge) 151 hour $85.00 5th hour $65.00 ~ hour $80.00 ()'t hour $60.00 Contract for over 7 hours 3m hour $75.00 ,. hour $55.00 deserves a one hour break 4th hour $70.00 ... hour $50.00 we however will still provide (minimum $2S travel charge) 9* hour and beyond $45.00 a minimum of SO images per hr. If you have any questions I will be awilable at my cell phone 612-296-1439 or office 763-755-0577 or toll free at 1-877-503-5341 Sincerely, Randy Larson, Can Dad Camera P.s. DoIlations to Aaoka County Historical Society to support Can Dad Camera's Aaoka County SesqaiceateImia Photo Project. Make checks payable to: Anoka County HistorieaI Society. Tbauk you for helping to pnISelW Anoka County History. Mail check to: Can Dad Camera 9941 (Jrouse St NW Coon Rapids, MN ssm Anoka County Histmical Society's FedeIlIl Tax 1Dt# is 41.137S036