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EDA Agenda 05-08-2019AGENDA REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, May 8th, 2019 — 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: President Steve Johnson, Vice President Bill Tapper, Treasurer Jon Morphew, Tracy Hinz, 011ie Koropchak-White and Councilmembers Lloyd Hilgart and Jim Davidson Staff: Executive Director Jim Thares, Jeff O'Neill, Angela Schumann, Wayne Oberg and Jacob Thunander 1. Call to Order 2. Roll Call 3. Consideration of additional agenda items 4. Consent Agenda a. Consideration of approving Regular Meeting Minutes — April 10, 2019 b. Consideration of approving Special Meeting Minutes — April 10, 2019 c. Consideration of approving Special Workshop Meeting Minutes — Apri125, 2019 Will be provided at May 8, 2019 meeting. d. Consideration of approving payment of bills Regular Agenda 5. Consideration of Block 52 Soil Boring Quotes 6. Consideration of Authorizing Negotiations for Lease of EDA Owned Property - PID #155033900010 7. Director's Report 8. Closed Session — Consideration of recessing to closed session to develop or consider offers or counter-offers for the purchase or sale of real or personal property pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(3). Property Address: 300 - 4th Street East - PID #155-019-008010 9. Adj ourn MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, April lOth, 2019 — 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present Commissioners Absent: Staff Present: 1. Call to Order Steve Johnson, Jon Morphew, Tracy Hinz, 011ie Koropchak- White, Lloyd Hilgart and Jim Davidson Bill Tapper Jim Thares and Angela Schumann Steve Johnson called the regular meeting of the EDA to order at 6:00 p.m. 2. Roll Call 3. Consideration of additional a�enda items None. � 4. Consent A�enda TRACY H1NZ MOVED TO APPROVE THE CONSENT AGENDA. OLLIE KOROPCHAK-WHITE SECONDED THE MOTION. MOTION CARRIED, 6-0. a. Consideration of approvin� Re�ular Meetin� Minutes — March 13, 2019 Recommendation: Approve Regular Meeting Minutes — March 13, 2019 b. Consideration of approvin� Special Workshop Meetin� Minutes (1) — March 13, 2019 Recommendation: Approve Special Workshop Meeting Minutes (1) — March 13, 2019. c. Consideration of approvin� Special Meetin� Minutes (2) — March 21, 2019 Recommendation: Approve Special Meeting Minutes (2) — March 21, 2019. d. Consideration of approvin� pavment of bills Recommendation: Approve payment of bills through March, 2019. Re�ular A�enda 5. Consideration of GMEF Loan in the amount of $118,500 for DNS Investments/Monticello RV Center Jim Thares introduced the item and noted that the item was brought forward as a pre- application during the March l Oth EDA meeting. He reminded the EDA that the proj ect was for the development of a new 16,000 square foot RV Center along Chelsea Road. He noted that the developer had a funding cap of $218,000 and was seeking assistance through the EDA's GMEF loan in the amount of $118,500. The project would add eight new jobs to the Monticello workforce. It was noted that the developer would be seeking a loan through the Initiative Foundation for $99,500 to fill the remaining gap. Economic Development Authority Minutes — April 10�', 2019 Page 1 � 4 Scott Kunz, Monticello RV, provided an update on the proj ect to date. Steve Johnson asked Mr. Kunz if the Initiative Foundation (IF) had committed gap funding to the project yet. Kunz noted that they had not yet received the IF's funding commitment. He said the lead lender was working with the IF staff to process the request. Johnson expressed his preference for the delinquency time period to be 15 days rather than 30 days. Kunz indicated that he had no objections to a shorter delinquency period. OLLIE KOROPCHAK-WHITE MOVED TO ADOPT RESOLUTION #2019-03 APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY (EDA) AND DNS 1NVESTMENTS, LLC (MONTICELLO RV CENTER)1N THE AMOUNT OF $118,500 AS GAP FUNDING FOR A PROPOSED RELOCATION-EXPANSION PRO7ECT WITH AN AMENDMENT TO LOAN AGREEMENT INDICATING A DELINQUENCY TIMELINE OF 15 DAYS. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED, 6-0. 6. Consideration of Update of Arts Pro�ram Activities - Sue See�er Sue Seeger provided an update on the Arts Initiative. She noted that they would be celebrating the grand opening of the Monti Arts Building that the EDA owns at 349 W. Broadway on May l lth. She explained that the building would be open to the public for arts programming and activities every second Saturday and Sunday of the month and every Monday afternoon and evening. Seeger also explained that she would be holding a fundraiser event called the Home Gala. Funds raised through the event would help pay for art supplies for the program. Seeger also explained her plans for parklets in the downtown. She noted that any work done in the open spaces of downtown would be moveable when redevelopment of various sites occurs. Seeger lastly noted that she has applied for a variety of grants. The Arts Initiative was recently awarded a grant through the Central Minnesota Arts Board to create a mural on the side of the Live! Laugh! Bloom! Building located at 108 Cedar Street. 7. Consideration of Authorizin� Picnic Table Location Improvement Plans — Sue See�er Jim Thares indicated that the Rotary Club of Monticello recently donated three picnic tables to the City of Monticello. He noted that he was looking for approval on the placement of these tables for the EDA owned sites along with the landscaping concepts at the sites. Sue Seeger proposed revealed a plan showing a picnic table be placed at 111 W Broadway and adjacent to 230 W Broadway. The location of the picnic table would leave the lots as versatile as possible. Thares indicated that the picnic tables would be delivered on April 19th and needed to be placed by the end of May. It was noted the third table would be placed in the empty lot near Wells Fargo. Economic Development Authority Minutes — April 10�', 2019 Page 2 � 4 Tracy Hinz asked if there were other options for 111 W Broadway especially if the block redevelops. Steve Johnson noted that the dog park may be a good location for an additional table. TRACY H1NZ MOVED TO AUTHORIZE PARI�LET IMPROVEMENT PLANS FOR EDA OWNED PARCELS 1N THE DOWNTOWN WITH DISCRETION TO WORK WITH CITY STAFF 1N REGARDS TO BLOCK 52. JON MORPHEW SECONDED THE MOTION. MOTION CARRIED, 6-0. 8. Consideration of Authorizin� Solicitation of Quotes for Soil Borin�s in Block 52 Jim Thares noted that following discussions with potential developers of Block 52, staff asked for consideration of completing soil borings on property on Block 52. Thares indicated that it may be beneficial to complete the borings to understand groundwater and soil types especially as it relates to underground parking. Thares estimated the cost of the boring work would be roughly $13,000. A draft request for proposal was created by the City Engineer. 011ie Koropchak asked if the price would be better to complete the borings after the EDA would potentially purchase more land on block 52. It was noted that Steve Johnson completed five soil borings for the property he owns. That study was completed in 2003. JINI DAVIDSON MOVED TO AUTHORIZE ISSUANCE OF THE PROPOSED RFP FOR BLOCK 52 SOIL BORINGS. OLLIE KOROPCHAK-WHITE SECONDED THE MOTION. MOTION CARRIED, 6-0. 9. Consideration of Update of Fa�ade Improvement Grant Pro�ram Angela Schumann provided update of the Fa�ade Improvement Grant Program. She indicated that renderings were received from the Cuningham Group for six buildings in the downtown. These were presented to the property owners. As a part of the grant agreement, the applicant must receive two contractor quotes to be eligible. Staff have received two complete applications. Per the scope of work with the Cuningham Group, the applicants, staff, and the Cuningham Group can review the proposal. Schumann explained the importance of connecting the EDA with this project. She explained that Bill Tapper and her discussed the importance and he agreed to help out. 10. Director's Report Jim Thares provided the Economic Development Director's Report as indicated in the staff report. Thares explained in detail an update regarding the Workforce Development Committee. He noted that the Wright County Economic Development Partnership is leading this committee and recently received a grant of $7,000 to complete a needs study. The study is expected to be completed in July. Thares was hopeful that additional grants would be Economic Development Authority Minutes — April 10�', 2019 Page 3 � 4 available following the completion of the study. Thares highly encouraged the EDA to attend the next Downtown Rounds meeting which was being held at Elevated Wellness on April 18tn 11. Closed Session — Consideration of recessin� to closed session to develop or consider offers or counter-offers for the purchase or sale of real or personal propertv pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(3). Propertv Address: 300 4th Street East - PID #155-019-008010 12. Adiourn TRACY H1NZ MOVED TO ADJOURN THE MEETING AT 6:47 P.M. LLOYD HTT,GART SECONDED THE MOTION. MOTION CARRIED, 6-0. Recorder: Jacob Thunander Approved: May 8, 2019 � Attest: Jim Thares, Economic Development Director ' � Economic Development Authority Minutes — April 10�', 2019 Page 4 � 4 MINUTES SPECIAL MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, April lOth, 2019 — 4:00 p.m. Academy Room, Monticello Community Center Commissioner Present: Steve Johnson, Bill Tapper (by phone), Tracy Hinz, Jon Morphew, 011ie Koropchak-White, Lloyd Hilgart, and Jim Davidson Staff Present: Angela Schumann, Jim Thares, and Jacob Thunander 1. Call to Order Steve Johnson called the special meeting of the EDA to order at 4:00 p.m. 2. Roll Call 3. Get to Know You Interview-Discussions with Prospective Block 52 Developers: 4:00 p.m. PRG Commercial, Far�o, ND The EDA met with PRG Commercial to review two concepts that were provided at the meeting. Both concepts demonstrated a full block redevelopment opportunity with a mix of residential and commercial. Option A, included a restaurant with patio space at the northwest corner of the site. Surface parking split level parking and underground parking were also present in this option. An apartment complex was proposed for the south boundary of the site along Broadway. Developer representatives included: Brendan Muldoon, PRG Real Estate, Fargo, ND and Mark Bucholz, Bucholz Construction, Moorhead, MN. Option B was also presented with an apartment facing River Street and retail facing Broadway. Underground parking and surface parking were shown on the plans. 5:00 p.m. Bri��s Companies, Elk River, MN The Briggs Companies then presented concepts to the EDA for Block 52. The concept demonstrated a combination of retail and commercial development. The plans also showcased a restaurant with patio that overlooked West Bridge Park. The development consisted of the entire block with building facing Highway 25 and Broadway. Developer representatives included: Pat Briggs and Dan Anderson, Briggs Companies, Elk River, MN and Lee Hanson, Esq., Gray Plant Mooty, St. Cloud, MN. Economic Development Authority Minutes (Special Meeting) — April 10�', 2019 Page 1 � 2 4. Adiournment OLLIE KOROPCHAK-WHITE MOVED TO ADJOURN THE MEETING AT 5:55 PM. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED, 6-0. Recorder: Jacob Thunander Approved: May 8, 2019 Attest: Jim Thares, Economic Development Director Economic Development Authority Minutes (Special Meeting) — April 10�', 2019 Page 2 � 2 MINUTES SPECIAL MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Thursday, Apri125th, 2019 — 5:00 p.m. Academy Room, Monticello Community Center Commissioners Present Commissioners Absent: Staff Present: 1. Call to Order Steve Johnson, Bill Tapper, Jon Morphew, 011ie Koropchak-White, Lloyd Hilgart, and Jim Davidson Tracy Hinz Angela Schumann, Jim Thares, and Jacob Thunander Steve Johnson called the Special Meeting of the EDA to order at 5:02 p.m. 2. Roll Call 3. Block 52 Redevelopment Discussion a. Summarv Review of Block 52 Development Concepts (four concepts) Jim Thares provided an overview of the four concepts that were received for Block 52. A summary was provided in the EDA agenda. b. EDA Discussion - Impressions of Development Concepts Staff presented the four concepts on large paper to jot down the pro's and con's of each development. A summary of the EDA members' comments for Block 52 included: • Dense housing • Commercial/restaurant is a must • Full block redevelopment preferable • Underground parking • Property owners need to be approached c. Summarv Review of Downtown Round Group's Impressions—Su��estions of Development Concepts Angela Schumann provided the EDA with a summary of the comments of each of the four concepts for Block 52 (as included in the agenda). d. Discussion of Next Steps in Block 52 Redevelopment Process Staff would create a series of questions to ask the developers that would focus on their ability to complete a full or half block development, land use, and ability to Economic Development Authority Minutes (Special Meeting) — Apri125�', 2019 Page 1 � 2 work with private property owners. 4. Facade Improvement Pro�ram Update This item was moved to a discussion item prior to 3a. Angela Schumann explained that meetings with property owners, the EDA's architect (Cuningham Group), and City Staff would occur on Friday, Apri126th. The purpose of the meetings would be to review their application and/or review any quotes that were submitted against the architect's renderings. The meeting would a discussion to occur regarding issues-questions for all parties involved. It was further discussed that the schedule for final approval would possibly occur in a potential late May meeting or at the regular June meeting. A public hearing notice would need to occur with posting in the official newspaper for each separate property in order to comply with the Minnesota Business Subsidy statute. Questions about allocation were raised. Schumann noted that per the EDA guidelines, a maximum of $50,000 could be authorized for any one property. If the EDA were to consider any additional grant dollars for a particular project, the Grant Program guidelines would need to be amended. Discussion then ensued regarding the concept of possible allocation of dollars by lineal square feet, fa�ade square feet, location on the block or the amount of work/cost. No consensus was reached in this regard. 5. Adiournment JON MORPHEW MOVED TO ADJOURN THE MEETING AT 7:02 P.M. JIM DAVIDISON SECONDED THE MOTION. MOTION CARRIED, 6-0. Recorder: Jacob Thunander Approved: May 8, 2019 Attest: Jim Thares, Economic Development Director Economic Development Authority Minutes (Special Meeting) — Apri125�', 2019 Page 2 � 2 EDA Agenda: 5/08/19 4d. Consideration of approvin� pavment of bills (JT) A. REFERENCE AND BACKGROUND: Accounts Payable summary statements listing bills submitted during the previous month are included for review. B. ALTERNATIVE ACTIONS: Motion to approve payment of bills through April, 2019. 2. Motion to approve payment of bills through April, 2019 with changes as directed by the EDA. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative #1. D. SUPPORTING DATA: A. 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Qf! 1 �(l. C�f� (�.2(] 38.�� MN� f�euiew grant di�bursem�nt r�qu�s# �nd ern�il t� J T�ares �.�0 reg�r�iing sarr+e f+�Nf Ph�ne �onu�r�aCi�n wi�h J Tfnares re��rd�ng [��rking �1.�50 stru�tur�e gr�nt p�ym�n±s dra�k res�lu!i�n �ppro+ring� �t�ll�t�ral ��sognmen# �f �Cp�str,�ct �n� Not� 1�1hJ1 �P�orre c+�n�rersat�c�n �ith J TFaares regarding pr�pos�d t}.�fi arr��ndment ts� ��figgs h�ausin� ��ntr��;. Tat�V 5er,�i�� 228 0� �5. 0(] 7�a.C?Q $ 627.0� Tpt�f �ervi�es �nd Di��urserrrents; � �2T,0� K�nne�y � �r�v�en, ��hartered 2C1�1 ��}u#h �ix+h Sire�t, .�,�ite a7�+ M�nneapol�s. M�l �54�2 {�1�� 7-93�C� 41-� 22'�694 M�rch �2, 2Cii� �tater�ne�it No. ��760� Ci#y �f A+l�rlticell� A�cs��r�Cs F��yab�� C� Waln�,�� A�+��rue. Suit� 1 M�nticelf�, 14+'I�J ��3�� 7hraut�h F'ebruary 2$, 2[}�9 f�iN19Q-�}01'S� i�F �i�[ri�et N�. 4� (�riggs P�ou��} h+1�11��J-Q01C1 �e�eralE�A,Fa+1a#�ers I d�cr�r�, under pen�lty �f lak1, th�t ktr:� ��caunt. clair� a�r dem�nd is ju.sl and c�rrect and #F��t no p�r# �i'f it h�s �b��n paid. �i�� 1 - y� �{"_-c'��_ { M1� t I , _ _ ��Fi��UY� Dr �;'�l'IFj�,,��7t. . I . I � �i� 7. I��1 323.�� Tcat�il �urt`�2r�t B�Ilirrg: 550,Qf? Julie Cheney From: Sent: To: Subject: Jim Thares Wednesday, March 27, 2019 2:39 PM Julie Cheney RE: Kennedy & Graven Invoices (3) Hi Julie, these are all okay to pay. Please see coding. From: Julie Cheney <Julie.Cheney@ci.monticello.mn.us> Sent: Wednesday, March 27, 2019 10:55 AM To: Jim Thares <Jim.Thares@ci.monticello.mn.us> Subject: Kennedy & Graven Invoices (3) Jim Attached are the following invoices from Kennedy & Graven: MN190-00101 -$323.00—General EDA Matters 213-46301-430400 MN190-00156 -$627.00 — TIF District #40 Briggs Escrow Account for EDA expenses MN325-00038 - $703.00 —112 W River Street Okay to pay? Please provide coding for each. Tha n ks, ,Tulie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.CheneyC�ci.monticel lo.mn.us AP@ci.monticel lo.mn.us ('7TY tDF �� 1�� 213-46301-430400 EmQil correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data PrQctices Act and may be disclosed to third parties. i Pa�e: fi I��nned�r 8� �r�v�n, Chart�r�d �{�0 �outh Sixth �#r�e#, �ui#e 4�C hAinn��po ��, h�N ��3572 �� . F��1f�J�f�f �$, ��17� MhJ3ZJ�-�+J�3� °I 12 UV. F�I,V2f %StFeet i �� _ _. .^.ri''�'1 �� . .. _ �, Thraug:� Febr�ary ��, �01� For A,l L�g�l �e�rrices ,�s Foll�aws� 2,`25r��19 �,+I�I Re�i�w lease: d��ft'��5� �xk�nsion fc�r 112 V�u'" River S�tl'��i �f�6,r207� h,+�Nl dr�ft �rr�er��mer�t to Le�s�; crrculate 2128,{201�9 MNI Dr�ft r��r�luti�n a�prcrvirg �m�ndm�n# to M�r+2sgerl°f�r�t and L��s� Agre�rrr�nt Tot�l ��rvices: F�iours ,4rrio�nt 9.3� �47 CIO 'I 8C 342. �0 �.fiCt 114.0��7 $ Total �enrices and f�isbur�ernen#�; � 703.04� 71i3.{lf} l��r�n�c�y � Gr`aven, �harter'�d ��U �t��h �ixth �tr�e#, �u�t� 47� �1inn��po�is, fulhl ��40� (�1�j 337-9�C�D 41-1 ��i�4 Mar�ch ��, �0`I9 Sr.�".�errent �t�. 147607 P�'Jonti��llo EDA SC�� 1�11�In�ut,�ue, �a�ike " 11+lonti��li�a, P�N �536� Thrp��I� February �8, ��fi9 h+1N3�5-Q{}C338 1`I2 U1+. R ver �tree# � C13.�}0 Tc�t�6 �urrent Bifling: 7D3.f1D I deel�re, und�r ��n�lty �# I�w, t'�2i iftis acc�unt, claim ar d�ma.�d is just and correi:l and thar no pari of �i ha� b��+ paid. r°� y.� , � { r :.� � ;,. _ _ ;:�i�ri�,ure c�f Cl�irrr�r�� ' � � i � �� Julie Cheney From: Sent: To: Subject: Jim Thares Wednesday, March 27, 2019 2:39 PM Julie Cheney RE: Kennedy & Graven Invoices (3) Hi Julie, these are all okay to pay. Please see coding. From: Julie Cheney <Julie.Cheney@ci.monticello.mn.us> Sent: Wednesday, March 27, 2019 10:55 AM To: Jim Thares <Jim.Thares@ci.monticello.mn.us> Subject: Kennedy & Graven Invoices (3) Jim Attached are the following invoices from Kennedy & Graven: MN190-00101 -$323.00—General EDA Matters 213-46301-430400 MN190-00156 -$627.00 — TIF District #40 Briggs Escrow Account for EDA expenses MN325-00038 - $703.00 —112 W River Street Okay to pay? Please provide coding for each. Tha n ks, ,Tulie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.CheneyC�ci.monticel lo.mn.us AP@ci.monticel lo.mn.us ('7TY tDF �� 1�� 213-46301-430400 EmQil correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data PrQctices Act and may be disclosed to third parties. i F'ag�: 2 K�r�n�dy & �rav��, �hart� �oa s��,t.� ��r� �t��et, ��.,�� o f�inn�apa�is: h�N s54o� ��ry af f�lf4ntic�ll� Febru�ry �8, ��1'9 MN'190-(701Q1 �G�n�r�l EDA M�tte�s � � T�rrc�ugh Februar� �8�, 2�719 For A,fl L�g�l �er�+i��s As F�Ilaws� 2�"'f$?��1� �JI�+I! f�1�pnEicell� - re�+i�w ageraa �nd at#a�l��d m�terrals ir �dvan�e of m�nthly frn�nce m�e��irs� �l19?2[l19 Mhli I�!eanthly fina�� c�ll r�tait�h �pA, staff, h�orth��r,� �� 2�2Ql�099 �w'1NJ Re�+iew ��t�rials for ��e�r �r�e�C S�cor�d Ad�'it�on pi�t D.30 rec�rrc;,:n�; �rn�il #o A S�h�urn�n reg�r�iing s�rne. Tot�l �erviCes; � Tokaf Services �nd bisbursernenks: $ Amount ��.�0 1 r 7 .Oi� 57.�70 �23,Q� 323,Of? K�nne�y � �r�v�en, ��hartered 2C1�1 ��}u#h �ix+h Sire�t, .�,�ite a7�+ M�nneapol�s. M�l �54�2 {�1�� 7-93�C� 41-� 22'�694 M�rch �2, 2Cii� �tater�ne�it No. ��760� Ci#y �f A+l�rlticell� A�cs��r�Cs F��yab�� C� Waln�,�� A�+��rue. Suit� 1 M�nticelf�, 14+'I�J ��3�� 7hraut�h F'ebruary 2$, 2[}�9 f�iN19Q-�}01'S� i�F �i�[ri�et N�. 4� (�riggs P�ou��} h+1�11��J-Q01C1 �e�eralE�A,Fa+1a#�ers I d�cr�r�, under pen�lty �f lak1, th�t ktr:� ��caunt. clair� a�r dem�nd is ju.sl and c�rrect and #F��t no p�r# �i'f it h�s �b��n paid. �i�� 1 - y� �{"_-c'��_ { M1� t I , _ _ ��Fi��UY� Dr �;'�l'IFj�,,��7t. . I . I � �i� 7. I��1 323.�� Tcat�il �urt`�2r�t B�Ilirrg: 550,Qf? Julie Cheney From: Sent: To: Subject: Jim Thares Wednesday, March 27, 2019 2:39 PM Julie Cheney RE: Kennedy & Graven Invoices (3) Hi Julie, these are all okay to pay. Please see coding. From: Julie Cheney <Julie.Cheney@ci.monticello.mn.us> Sent: Wednesday, March 27, 2019 10:55 AM To: Jim Thares <Jim.Thares@ci.monticello.mn.us> Subject: Kennedy & Graven Invoices (3) Jim Attached are the following invoices from Kennedy & Graven: MN190-00101 -$323.00—General EDA Matters 213-46301-430400 MN190-00156 -$627.00 — TIF District #40 Briggs Escrow Account for EDA expenses MN325-00038 - $703.00 —112 W River Street Okay to pay? Please provide coding for each. Tha n ks, ,Tulie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.CheneyC�ci.monticel lo.mn.us AP@ci.monticel lo.mn.us ('7TY tDF �� 1�� 213-46301-430400 EmQil correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data PrQctices Act and may be disclosed to third parties. i i0� XE`Jlr�. �,'dl VUI 5. suii! 3v� Mi�iNr.�i.tcs, i ;., Mnr ;��i� � � M1� �� , � �� p , � '� i � �I � � � y�, �,�� ti � 4� �ti,,,� 4 �i��r �[ hAOn�i��llc� Att�r; Vtilayne C?b�rg, Fir�anc� �ir�ctofi �Q� LV�Inut S#r��k, �uit� 1 M€�r�ti�ell�, MN �5�f�2-��31 �J19 Ecor�ermiC i)Ev�IgprrwBnt S�r+ri�� - ___ �wiar�h �'�, 2019 I�rojeGUl�r�Di��: R�vi�w��l by: I�rc�jeca h�iana�er� �ity �taH Re+riev;r�r - Jim Th�res ��`, � �y ��'�� . �1c�[ # 2'I 3.46301.431 �90 U �� ( � � . Pr�fe�sia�al �erv�c�s fram February 'I� 21�19 t� Fe ary �8, 2Q19 _ Phase Q�1 MC�nGl�ly Rekc�in�r Fe� �ot�f F�e Percent Ccsmplete �p�cial Projects 2�019 Econ�mie De+relopr'rnent S�rvi��S 9,(l[?[�.0� 1fi.6fi6i T�1�1 ��rned Previous Fee �illing �urr�rrt Fe� �3illing Tok�l F$€s Grom�erg, J$me� �l�r�(j1� Me�ting en�i�h �City �taff ab�ut �ridge �r�rs�irrgs Tpte�15 Total L�b�r Billings tr� �at� F e�e L�b�r Totals Curr�nt 75C�.�4 4�8 �� ,1�8.�f�} R-013322-�fJ� - � �ret Weiss .lames firorr�berg 1,�4f}.DO 7 50. [l0 7�C�.�O Tvtal t i� Tas#c _ , - s� H�u�rs �at� ;i �iA �,�U 14�.40 { �,Q�} � �� Total thi� �8 To�al thi� Phase Frior 75�iA� 4�7, �f! 1,177.a0 �� 75t�,�� _�'�' � $7'�LF.�F�O ,,� mnunt , �3�$.�10 �� . 4�8��0 ''°� �{� 4�9.40 � � �.� �i43�.[I_�.� � $1,1�8.OD Total this Invoi�e - �+1�986.04 _ v� Tvtal ��, �k � + • �,�0�.0{1 � �,. �� $��.�4 ��i,� 2,3��,� j � �� -��-�� F�E�1: RE�UE�T IRE'�u�5t L�dt�: '� i � � � -- � _ �h�Ck tc�: Harr+� T. L�nto ��i� ��r��.� �Uf"fa�Q. M111 553�3 Meetin�s Warked. Me�ting � - -. �ate �._ pi��,��,� c��,�,�s��a� �- � � 4`� �, �ity Council '� . � � . �'� E�� '1�-��j'�� CMty�ouncil 2• ��, �� J Total ��e. �-�°"� �heck ,4mru�t: � �'��' � . '� � �"�r��or #; Ti rrM� Arncrunt D�,e Planning+Cc�mrni��i�r�: 101,4191{}.41�� _ �i�C� E��: �3�.��01.��1��a � � � City Coun�il: 101.4111G�.4�19'��] � � � Au�thorized By" ...� _._ _. _ �� t�_ �--� " � " � �� Ifv1E S�EET ATT,��HE� City of R+lor�ticeU� Up�ated Octc�b�r 2�D1� C�IT'Y �]F �� i.��C�� T��'IE�H�E� N�,M E. F#�f�F�Y L�f� T{� POSIT�flfV; �'UBLIC �11�ET1hJ� f��E��,DE� - �C��1TF�.��T H�uFts UATE TIfV1E IN T1h+iE OUT MEETING WORI�ED i , �t�� ._ � �� _ � _ �� _. �� . �j�� f� `� 5.��1___" ��'��``�'! _ � ��~- -� �� . � �' �� . ,�.�'�� . � �.��—_— �r �— � �l��r'�� _ ��`�.— ° �' �� --_ � � � s i__ .__ _ - - - -�-- -� 1�'1tETING P}�YMEN f; ��[7 FQ�t FIRST � k��lf�� --- -- ��_ _.� ��`�,��.—. �10 PFR F�C1U�. 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Eec7 �1e�• Mgr 50'� Walna;:t �treet, S�:�ite 1 [�anti�°ello. 1�1N 5535� . m �'4Mstor��r P�� Plcscl� �2 For services r Fl�ase sae enc ��1�TH�.A.1'��D SEClJF71klE5 , �� lY� � I, r,r�1� �-------- -P��rt`i�a�i Tc.n11� �- � S��e;; E�� IC) Td�t 3D '-,a�f� Ir��i�� In�"e�ree 1'�tirttib�r: 5F,88 �I1V[}IC� I)c7��= 4f�1Cef 1� E'a��: 1 fi)u� I�ate 5f 1C�;'15 [: he�ck �'n: �lll'+tOt�� 925,OC1 �7��':; �1 �k �[�c�ta� ]r��nice .4rrt�l�rit �� , ��' f'a�`r�erlt Idecei��d 'i [�T ;'l l . ht;��nbl?z'i51-.�':�DQ � I�c�li-�ie�8l7D-�51-29�i] � 1-;��E��-b'�1-5�87 3311 4rauth Fitth St�et, Sui�e 3301} I\�tinnea�+o�i�, h,•tN 55�iJ� �r�r':haanti'x��:uritieE�; o�>>ii� �"r'.eirfttrx F�,'�'�,A r�iz�t �r{[�, R��rslrma� �a�rf�a SZ't'ran,i �4{SRE �;[�I��fHL:'�ND STR.4TEGICS SOBGitii Pr4je�fs Group ir��c�3CE �u��°�.r•:uE:�r �:lietrt: Cic�� c.3F l�it4e�ticel:�} I'r�pj�ct_ I'lane�irr� €c�r �31ock 5?, 'tie�.�� I�e�e�.��li�},ment TTF �Jistri�t Conkact: Ji�n Tl�,�w�:.s E��r��os-rrr�: t7evcl�3�intca�t'."4�1a�ti;��;�r Cit3� of :��ic�tlti�clEo 511� l�4'aJ�aut �#rect.5uite 1 �'ICMflflf4'I�t7�, .�� .��}.� �iillin�y P� rio�; '�7��rch ?Ol9 Sen•ices [�erforrnerl � I'r�par�tri>« an�i a��k�::a�; fs�r Fr3e� st7��•iio�� +� .=�tk4�n� EDA meekin�; S�aff Time kx��itSe� TUtd� �15 �'�'�'llli� ['ir5itis"?il �rric�r Profcs�ic��7al I�rc�f�ssiis,�a: S4a E��sa�r# Tnt�] St�r: '�9i]ea�e !'rir�tit�� (�ther T�kal E�}�e:r�c�: I'rrs��t Summar}� Ti-�tal E�ud�;et* BilEc�l l"11is I�eri«d 8ille�] f'ret�i�us Fi��i�;��t ]��r'nd�inin�;" *8id�ed�rrr.�int+r�t�bc��ati�aiaa�,R�rr,rf ta�r��re�t��arraaf. ��rthl�r��3 ��,curiki�s, Er�e, E-6t�urs ��l�: }iil��a r�+' 5,{�l7 �1k3� S'�2.5.t?l] - �1�5 ��i.4�{� - �11 � �Ll,d}�} �+.[ li } $4? �-i.li} St7. C]["I � i?. f7i1 �;:�.11(1 `�4 M. �l(1 $925.Q� � _ f��2�.�1(1j �i�.0[] � (�2�.00) Pa�e 2 caf 2 Julie Cheney From: Jim Thares Sent: Tuesday, April 16, 2019 10:50 AM To: Julie Cheney Subject: RE: Northland Securities $925.00 Hi Julie, this is okay to pay. Please code to: 213-46301-431990 From: Julie Cheney <Julie.Cheney@ci.monticello.mn.us> Sent: Tuesday, April 16, 2019 10:32 AM To: Jim Thares <Jim.Thares@ci.monticello.mn.us> Subject: FW: Northland Securities $925.00 Following up on this. From: Julie Cheney Sent: Friday, April 12, 2019 1:25 PM To: Jim Thares <Jim.TharesC�ci.monticello.mn.us> Subject: Northland Securities $925.00 Jim Attached is Northland Securities Inv# 5688 for Block 52. Okay to pay $925.00? Please provide coding. Tha n ks, .JuCie C(�eney Finance Assistant City of Monticello 763-271-3205 Julie.Cheney@ci.monticel lo.mn.us APC�ci.monticel lo.mn.us ('7Tfi' C�F �"��' �'�'I��1��'ll�' Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Dnta Practices Act and may be disclosed to third parties. i a ro a v � f v a` �o �n `v K X X N � d O � W a 0 � 0 � S E c m 4 � W v z ¢ z � � �Ros�Rr �. Hfrvtv.�, WRIGHT COUNTY AUDITOR/TR�ASURER �10 SECOND STREET N.W. ROOM 230 BUFFAL(3, MN 55313-1194 763-G82-7572 or763-682-7584 wwvv.ca.wrighcmn.us Property ID#: R155-P1-000060 � Taxpayer ID Number: 2-08203 CITY OF MONTICELLO EDA a9g06 % ACCOUNTS PAYABLE 505 WALNUT ST STE 1 MONTICELLO MN 55362-8834 �r�hrr�rnif�•��li�un�l��IUI lil�ill�ilhl�ili��iiill�ii�� Property Tax � � St:�tentrnt Prnperty Address: Properfy Descriptiun: Sect-10 "fwT-1'_ 1 Rangc-02.5 OTTGR CREEK CROSS[NG FMONTICEL 13.67 AG OU?LOT F Special Assessment Breakdoem: � l,=.� . � 1� — 2018 - , � ';� ��. �,>�°� i VALUES ANO GLASSIFfCATION Se„� �r«,c�� mi.v � Taxes Payable Year. 2018 2019 . I�sum.�icJ M,�rkri �aluc. L'_6.7U0 I�N.IOU iinrnesir.id I:vclus�lun�. Taeabie fvf�rkct V alucc L21+ 700 19f1,1 UO Ncu hnprmements: I �x�ire�l 1•.rdinions�. Prnpctitc Cl:�ss��Gc.�ibcn� RGS V�14R RP:S MI4R t��,,.�-d r:,.r PROPOSED7.4X s<:�inn,v�.,�,��be�?W,s� PROPERTY TAX STATEMENT �ircr-hall T:ixcs: Stca�id-half Taxes�. Ta�al T;uc> Duc in 2019: RCi� Lj � DS'} l� �� l� Yuii iririv hc eli>rl�le �or onz or eeen na�o ref'unds la reduce yvur prrrp2�•ry tax. Re�a�rhe back n7 �his a7alea�ferr� fn finr! niu lvo�r m a��pl�'. _._ ___— Taxes Puyablo Year: 2018 L qse Ihfs amuunl un Form M 1 PEL �o ser if you are e[ifiiblc for a hnmeslcad credil refhnd. � File hy Augu�t I5. If thin bos fs checked, qon uwe delinquen't taxes and arc nn� eligible � — �. U-+e �hesc amounc or Fu:rn M 1 PR to see if you , e elig�ble lor n spedal reficnd. Id ?. Your pro�:rny taxes befon; credits �j 4 CrediLe Ihai reduce your property Wxes a�� A. Agracul[ural and rural I_�nd credits 8. Uther Gred-i� K 5. Praperty Cxxes xf/er credits H � ° e a,�nty �u 'a � 1. City or Town (CITY OF MONTICELLO) � � S. S�a[z Gcneral Tax � 9_ Schae�l Distnct (0882) x A Voteeapprovedle�ies �6 �. Othu iocal levies F a. IU. Specia] Taxing Distncts QA. MONTI }IRA I� 0 1 I. Kon-schaol vo�er approved referenJa levics ', a` 12. Total prnpert,y tax before special assessments � 13. Speclal .lssessmenlr, nn your Properg�� Sse Left for Freakdrnvn nfSpecial Assessmen�s 5pecial Assessments'lotals 1,67Q.OU N/A NiA 1,670,00 631.99 .51�,IS 241A8 267 95 1733 [,670.60 z�i� ou 1,357.00 1.357.0(� ? 714A0 2014 ' 2J 14.00 z,��a.00 L(152.19 '� 81 �3-07 37A.65 aati.�s 2844 � 2,774.U0 14. 1'OUR TO'CAL PROPER'fti' TAJ{ AND SPE:CIAL ASSESSMEI4'PS 1,67UA0 2,714.U0 �� PAYABLE 2019 2nd HALF PAYMENT STUB PLEASEREA�THEBACKOFTHESTATEMEN7FOFIMPORThNTINFORMATION. TO AVOID PENALTY PAY ON OR BEFORE: OCTOB�R 15, 2019 Property iD Number: R�5s-ni-0000so Tocai Property7ax for2019 $2.714.00 Bill Number: snss 2nd HalfTax Amount $1,357.00 ID Number: 248203 Pena�t � 1 Y iR[ .� CITY OF MONTICEL�O EDA % AGCOUNTS PAYABLE 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 v 2nd Half Total Amount Due MAKE CHECKS PAVABLE & MAIL T0: RONGIiI' I. 1311VA[.�1 W'KIGIITf.01;M1T1'AUl7]'IYIfUCRIiAtiI'FU=H � ,��' �'�� 10 SfCONII tiTRti]SC M1.11'. ROOb1 3;V1 �� BItF6'-11.�,A1R�Siilj-1199 Q' � If your address has changed please check this box and show the change on the back of this stub. �o,E�e�u�sr.�i�,�i�>, .�� ea.vo�<<a�«upame«�:�•o��„ace�o�.rms�e«,pus+o:namscwecx��o�.no�o�ea. PAYABLE 2019 15t HALF pAYMENT STUg PLEASEREAOTHEBACKOFTH�$TA7EMENTFORINPpHT4NTWFORNATION Tp AVOID PENALTY PAY ON OR BEFQRE: MAY 15, 2019 Property ID Number: Fi s5-n�-0000so Total Property Tax (Or 2019 g2,; ia.00 Bill Number c��ss 1st HalfTax Amount �i,3s�.00 ID Number. 248203 Penaary F;�w4�,+�i' �� .�R�� .[ `�:�:� CiTY OF MOhITICELLO EDA % ACGUUNTS PAYABLE 505 WALNUT ST STE 1 MONTiCELLO PJIN 553fi2-$831 1st Half Total Amount Due _ MAKE CHECKS PAYABLE & MAIL T0: Kc)lilfltl�.l. I [If\�AL:\ �ctticu�rcun�n �rnrruiuru��titivuee @7�*O insr.r.o�uu snzr�n�!�.�. a�ios� �;n *��, �ti'r•rv.u.si�s;;i;-ii�i� C]sL'� � lf your address has chang2d please check this box and show the chang� on the back of this stub. uo�.�mp�s��,��„iy,_,ea�ea«a,n,�<<a��suea�ne�r r��,�.�oi.�nu� r��m�io�o�r��k�snoieoo�7434 � �� ya xn dox o�h z � o �z � o� �°!!�� tr,y �H G' '�7� Y� �� [ . � Ju��e cF� From: Sent: TGa: S�b��#: Bu�lsey� Prcap�erty �r1�n�gem�nt & f��a ty zm�il�arn�nagebuilding,tor�> Thu�sday, Aprif 1�, 2019 3:2� AM �P L�as� statem�nt fcrr ��oadway P�rking E�sernent - CC7hl�M�RCIAL - 2 as of �1I11/�'C�19 � Bulls�ye Prapert}r `vlana�em�nt & Realty EjL.r:f��•: r�[�-r1�:- C�� 1�T�tL1�1.�� [€� ��1#« ��i�Tl. 1�lll�i�E:�� I�his ��r��il rRis��ge ��a� un1 i`ruir� ,� r�usili�:€uion-�rnl�� adi�f�� lf�atil �anr�+�t acc�:pi incore3ir�� rai,sil I��a.�� :a��i� �S ��` ��' 1 � �� 1 � Cit� �rf f�lvniicell€� Ecc�namic Deuel�pm�nt +��t�orit�r 35 �.ake �t ��ite ��{� �i� L�k�, MhJ ��0� Da#e Pri�ar b�l�n�e 2��J��Q19 2J1 l201 � �1�81�� 311 i2419 3i�7l2�19 4d1J��1� �TfifP��i�s� M er�n c� �€�rrime�n +A,r�� Mair�te�tanc�e Paym�nt �ayrnent Comman Ar�a M�ir�tenar�ce P�yrnent �vmmon Ar�a Nlainten�n�� nnrr�c�n F1r�a �Jlaint�n�n�e `-�' � ° ��I • ��`��?� f��nt #: �}€}4�59�1� �,moun# B�I�n�e i�a;��iiz�nt is c�L�c �n th� ��th of tlY� ri�arYth. I!' p��•�n��rtz isn't r�ccie��c�l, � c�r�e-�iarre t�� er�u�l rc� ]_�°�� c,f �utst�trc�ing h�l�r7ces �'il1 bc char��i c�n tlje �7t�i �f��h mc�nth_ M�n:��; ��c�ur :��ccx�ae�t anlir��: httP.11hujl�;�r��r�[�erti��.ni�nu�c.huil�l�r��;.��,�n }3��1ls��e F'r�k�ert�� 1�1a�n��r�i��t � F�+�af�� 7�i-?��-G�� 13uildi�m:�i;.hu]]�e��11.cs�m i Ci�y af Monticellv Economic De�elopment Authority GME� Loan Program �und �isbursements 44-16-2Di9 Prograrn: GME� Loan Program Barrower(s): RSN In�estrt�ents, LLC (Monticello RV Centerj �oan Appraval Date: April 10, 2019 Approved Amount of Loan: $118,500 Amoun� of Requested Disbursement(sj: $1�.8,500 - See Settlement Statement prepared by SCAT (Sherburne County Abstract and Title} fxpenditure Cpding: 213-46601-181200 Purpose of Funding Disbursement: for rea! estate purthase related to development of new RV dealership faeility south of Chelsea Road West. Camments: In the Memo Section of the Check notate "GM�F Loan Disburs - DSN In�est, LLC`. Pro�ide check to staff, Chet�C will he defi�ered to SCAT on the day of #he loan and real estate acqui5ition closing (4-30-ZU19}. `� `� • y�1 � G Signature of City Staff�;�~ � � 2'� \� � �� i �� ti 3 . �D l • i'�13�' Julie Cheney From: Sarah Rathlisberger Sent. Tues�ay, April 16, 2Q19 12:13 PM To: Julie Cheney Suhject: FW: GMEF Loan Disbursement to DSN Investments, LLC Attachments: Signed GMEF Disbursement Request.pdf; Prelim Settlement Staterr�ent for DSN Invest. LLC � GMEF Loan and R.E. Clasing {Monticello RV Center).pdf; FDA Res #2019-03 Approuing $118,500 GMEF Loan to DSN In�est, LLC {Monticello RV Center).pdf This can be codec! to 213-46601-�81300. Thank you! Sarah Rathlisberger, c�fo Finance Manager City of Mon�icella, M�I �el: 763-271-3201 Fax: 763-295-4404 NOTE; The cantents of this E-mail may contain information that is lega!!y privileged and/or confidential to the narned recipient. This rnformation is not ta be used by any other persan andfor organization. The views expressed in thrs docum�n� do not ne�essarrly reflect those of the Eity of Montrcello. Ema�l correspandence to and from City of Monticello government offic�s rs subject to the Mrnnesota Government Data Practices and may !�e disclosed to [hird parties. From: Jim Thares <Jim.Thares@ti.rrzanticello.mn.us> Sent: Tuesday, April �6, 2019 11:39 AM To: Julie Cheney <Julie.Cheney@ci.monticello.mn.us>; Wayne Oberg <Wayne.Oberg@ci.mor�ticello.mn.us>; Sarah Rathlisberger <Sarah.Rathlisbergee@ci,monticello.mn.us> Cc: Angela Schumann <Angela.Schumann@ci.monticello.rrin.us>; Jacob 7hunander <Jacnb.Thunander@ci.monticella.mn.us> Subject: GMEF Loan Disbursement to DSN Investments, LLC Juiie, attached is the GMEF Loan Disbursement Request form for the DSN Investments, LLC property acquisitian which i5 the real estate entity buying the praperty far the new Monticel[o RV Cer�ter expansion project. Supporting materials are also attached. The �oan and real esta#e closing is scheduled as part of a common cfose with the primary and secondary lender on Aprif 30, 2019. THE CHECK SHOULD BE MADE OUT TO "SHERBURNE CUUNTY ABSTRACT AND TITLE" If possible, please add a notation in the check memo line regarcling the checic being a"GMEF Loan Disburs — DSN Invest, LLC" �DA RE5QLUTION NO. 2.019-(�3 RES(]f[.,UTI�N APP120�'ING ,� L�OAN AGREE�1�PV�' BET�'1'�EN T�-IE CITY OF n'IONT[CELLO ECOn°�l�9IC D�VELOP�1'�ENT AUTH�RITY AND DSN IN�'EST111ENTS LLC, [NCLUDINC A BUS[�iESS SUTBSIDY BE iT RESOLVEll BY the Baard of Cc�rr�mis�iotl�rs ("B�>ard") of t11c City of Maa�tic�llo Ecor�omic L)evelc�p�netlt Autlltn-ity (thc "Authority") �s fc7Ela«�s: Section l. l�ecilals. E.OI. Thc Auihority is a�rant�r as �ietined in Mitinesota St�Tutes, St�c:tio3�s 116J.y93 to I l C�J.995, as aj��aGd (tl�e "Busi«is� Subsidy Act"), and is a�[hu�-i�ec� to bra�lt tina��cial assi�ta�lc� tc� pri��ate deti�eloprneilt, incli�ding loans. l.()2. `],he Authority a�1d DSN ��luestments LLC (the "Bc�rro��fer"} tfesire ta enter into a loa�z a�reeiz�ent (thc "Lc�an ,Aan�cc:mi��t") for a Greatet- MonticeElo Ente�rise Fu�� („GMEF") Ltiran te� be used to tin�ner a Jzortion of tl7c c«sts af acquisition (thc "Acyuisitior� Costs") c�f certain real pruperty in tl�e City of Mt�nticello (thc "Prop�crty"), in ��rdet- l�� relocate the Borrcrwer's cxistii�� tacility t��i- ihe s�ile and se�vice cif recreatic>i�al �-�;lzicles. i.t)3. I'ursu�nt to the L��az� A�reement, the Autha�ity ��ill Eo�n t� the Borrc��.uer tl��; sum of 51 18,�O{1 (t�e "1_0��"}, ��idt;nce� hy a prc��iss�ry note (the "Nc�te '}, a�erso»�1 gu�iranty of the i�r�v�lers c�t� the B��rro��er �t11c "Gu�ranty"}� and a inortga�,e (tlte "M��rt�age"}, to be executed and delir�cret� t�} the Authc�rity by the F3orrc}��er. 1.�4. Pursu�iZt to Se�tion 1 1(iJ.993, Subdi��i�icm 3(1) of the Busincss 5uhsidy Act, fhe Atitt��rity is ��>t r�yuired to htald a public: ��earing on tf�e �oa�1 beeause the L�a�l is in an �mc��nt le�s tha�� S 1>0,000. H{nvcver, the tenn� ��f the Loan Agr�ei�aent �r�d Notc shall c�nfo�n tc� the Authunty's ��rittcn Businiss Suhsidy I'olicy, includin� a tive-ye�r ��acrati�na] re�uiremeczt a«rl the ir��lusiun of ,jc�� aild �va�e require��le;��ts; �11 as desca�hed i« the business sub�sidy a�,neement provisiE�ns cc�ntainc�el in the L��a�7 A�,re��nent. Section ?. Loan .ASfreeme�lt ancf Nc�te A r�vec�. 2.O1. '1'he Autharity hereby a�proves tk�e Loan A�,rreentettt, the Note, the C'ivaranty, and the i�t��i-t�at�e in suhstar�tially the fot-�n preseF�ted to the �3c�arc�. The Autfi�rity furth�r authori�es executic}n taf tk�e Laa�l Ag�ricment aa7� all doGuinenis pr�pared in cunnectic��l tl�ere�vith, subject tc3 riloditicaticsr�s tiaat do r�c�k altcr tltc substancc c�f thc tra9�sactic�n �nd that are ap�aroved �y th� Presi�iint a«d Executive [3il�ector, p�•ovided that exccution of the [_�an r'��reement by such officials shatl be conclusive evidence af approval. 1 5{i?3U3� I 41V'I 1�1:V3'_5--31 Approti�ec� tl�is 1(lth day of Ap3-il, 20l �), hy the Board of Cc�mmissioners of tE�c City of Monticeflo E�oi��iiic; Developine�nt Auth�rity. �, '� � � �'�' `.' ' � _ Presi�e3�t �� _ A�I'TEST: �� ` J �xe: � �ive Di��ector � sb�:�r�s,:� ��;[ n��:��s-�� eritan Land Tiile Assoclation �LTA 5ettlement Stat�ment - Eiorrower/BuyE Adopted 05-01-241 FRe Na,/Escrow No.: 2p19-143 Ptint Date & Time: q4/12/i9 1:56 ?M O�ficer/Escrow Officer: SettEement Location: ,Sherburne County Abstract & Titie '3S1 Main Street Elk River, MfV 55330 Iler: Sherburne County Abstract & Title Co. ALTA Universai Ib; DOOISQ2 351 Main Street Elk River, MN 55330 Address: 1D-12i-25; Outiat R Also Th Prt of Vac Chelsea Rd W DfD ln Groueland Addn �Y SEL & ELY X?CX Chelsea Rd W Mpnticello, MN 55362 • D5lV fnvestments, LLC 13.01 Elm 5t Mantsceflo, MN 55352 iement Rate: ursement Date: itiona! dates per state requirements: The City of Monticelio Economic E3evelapment Authority 04/30/2019 �4/30/2013 C�pyright 2015 Ameri[an Land i�tfe Assonatior. �I� e �j 2�1g-1d3 au.�&nrsreseNea. Page 1 of 2 Printed on: 04/12J19 1:56 PM � Acknowledgement We/I have carafu�ly reviewed th� Ak.TA 5ettlement 5tatement and find it to he a true and accurate state�nent of alf receipts and disbursemer�ts made on my account pr by me in this transaction and further certify that E F�awe received a copy of the ALTA Scttlemcnt Statement, We/1 authorize Sherbume Caunt Absiract & Title Co. to cause the funds to be dis6ursed in accardance wiih this sta[ement. �F]SN Investments, LLC I �Y Escrow CJfFicer Date Date Capy�aghr zois ameriean +.ane rr,�e assaci�tion. Fif e# 2D1S-143 Ali ngFts reserved. Pdge 2 Of 2 Printed an: 04/12/19 1:56 PM ALTA Commitment for T�tie Insuranee Issued by Old Republic National Title Ir�sur�nce Company NOTICE IMPORTANT • REAfl GAREFULLY; THIS GOMh9ITM�NT IS AN OFFER 70 CSSUE �N� OR MORE TlTL� INSURANCE POLICIES, ALL CLAIMS OR REMECIIES 50UGHT AGAINSi THE COl+J1PANY iNVC}LVING THE CONTENT OF THIS COMMITMEhiT QR iNE POLICY MUST 8E BASED S{?LELY !N CQNTRACT. TH15 COMM17h4ENT IS NOi AI� ABSiRACT OF TiTLE, REPORT OF THE �CONDdTlQN OF TITLE, LEGAL OPINI�N, OPINIOlV OF T€TLE, OR OTHER REPRESEN7ATIQN �F THE STAT�JS OF TITLE. TFiE pROCED�IRES USEU BY T#iE COMPANY TO DETERMINE fNSURABIl.1TY OF THE TITI.E, INCLU�ING ANY SEARCH A�Ub EXAMINRTIaN, ARE PRQPRfEfARY TO THE GC}h�PANY, WER� PERFORM�d SDLELY FOi2 TH� BENEFIT OF TH� COMPANY, AND GREAiE NO EXTRAGONTRACTUAL LIABILITY ip ANY PERSON, INCLU�I�fG A PROP05ED INSURED. TNE CONfPANY'S OBLIGATION U�JDER THIS CCiMMITMENT IS 70 ISSUE A POLICY TO A PROPpSE� INSURED IDEn1TIFIE� �N SCHEQULE A IN ACCORDANCE WITH TH€ TERMS AN(3 PROUISfONS OF THIS COMMITMENT. THE COM�AhY F{AS NO LEABILITY OR OBLIGATfON INVQLVlNG THE CONTENT aF THIS CQMMI7MENT TD AhlY O7HER PER50N. COMMITN!'�NT TO 15SU� PdIECY Subject io the Notice; Schedule B, Part I- Requirements; �chedule B, Rart II - Exceptions; and the Commifinent Conditions, 431d ReRublic National Title Insurance Campany, a Floritla Corporakian (the `Campany"), commits ta issue ihe Policy according to lhe terms and prvvisiorrs of this Commitment. This Commitment is effeetive as of the Gommilment ➢ate shown in Schedule A for each Policy described in 5chetlule A, only when !he Company has ent�red in 5ched�le A both t�e specified dollar amoun}.as the Rroposed Polrey AmounE end tha name of-ttre-Proposec�insured, --- _ — - .___ all of the Schedule B, Par! 1- Requirements have nal been mei wit�in 6 mor�ths after t�e Commitmeni Oate,lhis CommitmeRt terminate5 ar�d the Campany`sliabiiity and obfigation end. Thrs page is only a part o(e 20T& ACTA Commrtmer�P for 7itle 7nsurance. Thls Commrdment is not valid withput the Notice; the Gommitment io lssue Poiicy; the Commrtmerrt Cond+tioras, Schedule A, Sctrvdule 8, Parf !- Requrrements; and 5chedufe H, Part !! - ExCapirons. fsSued fhrough the Rlfres ol Sh�ERB1IRNE COIIN fY ABSIR4CT � TiTLE C0. 351 Mair Shee[ Elk Rl�er, MN 55336 � � � �� Auihori s;gnaiory fiRT Fprm �690 fif06 Rev. & 1•7 fi A�TA Cnmmllmenl tor TilPe Insurance n� ��uc r��u�, rrrr� �rsu�►wc� c�P�ni A SYa�k Cem�ay IL�Sertond Arcvu� Sautti lLtirx�t�p�ph's. Mirx�e�ra',,�udlfi i5i?i3?1-F��i 8Y A7uSl �% ` I� � , ! � l �� r�r _.� CLMMIT�u1ENT GON�ITEONS DEFINlTION5 {a} "Knowiedge" or "Known": Actual or impute� lcnowledge, but r�ot conslr�ctive notice imp�rted by the Public Records. {bj "Land": The land tlescribed in Schedule A and af�xed improvements that by law cansiitute real property. Tha term "Land" daes not include any praperiy beyond the lines oi fhe area described in 5chedule A, nor any ngh1, title, interest, estate, or easement in abutting slreels, roa�s, avenues, aueys, lanes, ways, or waterways, but th�s does not modify or limik t�e e�enf that a right of access to and fsom the Land is to be insured by the Policy. {c) °'Mortgage": A mnrtgage, deed of trust, ar ather security instrument: +ncluding orre evidenced hy elec�anic means a�thorized by law. (dj "Palicq": Each canlract of title insurance, in a form adopted by tl�e American Land Title Association, issued or ta be issued by the Campany pursuant to tlhis Commitment �e) "Proposed Insured" �ach persan idenfified in Schedule A as the Proposed insured of each Poiicy to be issued pursuani to this Commitment. {f� "Proposed Po�icy Amouni": Each doll�r amount specified in Schedule A as the Proposetl Policy Arnouni oi each Policy to be issued pursuant to this Commitrnent. {g) "Pubiic Records": Records e�tablished under stake stalutes at fhe Commitment Dafe for 1he purpose of imparting construclive �oti�e of matiers relating fo real property ta pu�c�asers for value and wiih��t Knnwledge. (h) "Title": The eslate or interesi described in Schatlule A. 2. If a!I of the Schedule 6, Part I- Requiremen1s have not been met within t�e time Penod speci€ied in tha Commitment io Issue Rolicy, Ihis Gommitment terminates and the Company's liabilily and obligation end. 3. The Company`s Ikability and obligation is limifetl by and this Commitmen! is not valitl wiihoui: (a) the Notice, (b) the Gom+�itmenk lo fssue Palicy; (c} khe Commitme�t Conditians; (d) Sehedule A; _ — — -- ----(ej---Se�e�ule B� Rart I-Requirsmenis; (f} 5chetlule B, Part II -�xceptians; and (g) a caunter-signature by the Cvmpany or its issuing agent that r�ay be in eiectronic form, 4. COMPANY'5 RIGHT TO AMEND The Gompany may amend this Commftment at any time. Pt the Cor�pany amen�s this CommiVnenl ta add a defect, iien, encumbrance, adverse claim, or other matler recorded �n the Public Ftecords prior to the Commitment �ate, any liability of ti�e Company is Gmitetl by Cor�mitment Con�ition 5. i1�e Company shall not be liable for �ny other amendment io this Comr�itment 5. LIMITATIDNS OF LIABILITY (a} The Company's liabili�y under Commitn�ent Condi�on 4 is limited to ihe Proposed Insuretl's acivaE expense incurred in the inie€val hetwesn the Company's dalivery to the Proposed Insured o( ihe Commitment and the delivery of the amended Commitrneni, resulting from t�e Propos�d Insuretl's gootl faith reliance to: �i] comply wilh the Sehedule B, Part I- Requirements; (ii) eiiminate, wiih dhe Compar�y's written consent, any Scheduie 8, Part 11 •�xceptions; ar �iiij acquire the Title or create fhe Martgage covered by khis Commitment. (bJ The Company shall nof be liable vnder Comrnitmert Condition 5{aJ if ihe Proposed Insu��d requested khe amendment or ha� Knowledge at the malter and did naf Rotify the Campany about it irs writing, (c) The Company will nnly have liabiiity under CommEtment Cor�dilian 4 ii th� Proposed Insurad would not have incurred the expense had fhe Commitmenf inGuded the added matler wher� ihe Comr�itmeni was first delivered tn the Proposed Insured (d) The Company'S IiaUility shail nat exceetl the lesser of the Praposed Insuretl's actual �xpense incurred in good Faith and desc�ibed in Cvmmitment Conditions 5(a�('i) through 5(a){iii] or the PFoposed �a[icy Amount. (e] The Campany sha#I not be liable far the content of the Transaction Identification Da#a, if any. (�J In no eveat shall the Company be ob�igaied t4 issue the Poficy referred to in this Commitment unless all di t�e Schedule B, Part I- Requireme�ts have baen met to fhe satisfactian of the Company. (gj in any event, the Company's lia�iiiiy is fim�ted by the ierms and provisions o( the Policy. This paqe (s only a part of a 2016 ALTR Gfl�rrmitment tor Tifle lnsurenc�. 7"h!s Comrrtifinenf is not vaiid withoyt fhe Notice,- fhe Commitment to lssus Policy; the Commitmertf Canditions; 5chedule R; Schedule 8, Part !- Requirements; end 5chedufe 8, parf 11-- Exceptians. ORT Furm 4d$0 6106 Rev. &1�16 A�TA Cammitmeot Tor Ti�e lesuranee Page 2 B. LIABILITY OF THE COMpANY �[UST �E �ASED ON THfS COMMITlNENT (a} Only a Pfaposed Insured iden�ifietl in Schedule A, and no other person, �may make a c€aim under this Commitment. (b) Any cla�m musl be basetl in coniract and must be restricied solely to the terms and provi5i�ns of this Commit�ent. (c} Until the Policy is €ssued, this Gammitmeni, as last revised, is fhe excEusive and entire �greement between fhe partles with res�ect to the sub}eci matter oi th+s Commitment and supersedes all prior cflmmitrr�ent nec�otiafians, represenialians, and propos�Cs of any icintl, whe!her wr�tten or aral, express ar implied, relating to the subject matter of f�i5 Commitment, (d} The de6etion or modiFication of any Schedule B, Fart !i - Excepfion does not canstitute an agreemeni ar obligation to provide coverage beyor�d the terms and provisions oi this Cornmitmenf or fhe Policy. (e) Any amendment or endarsemenl to this Commitrnent must be in writing and authenticated by a person authorized by fhe Co�pany. (fj When t�e Po9i�y is issued, all liabiliiy and obligation undar this CommitmeRt will end and ihe Company's oniy liabolity will be undsr ihe Palicy, i, fF THIS COM�IliME�lT HA5 BEEN 1S5l�ED BY,QN 15SUING AGENT The issuing agent is ihe Cvmpany's agent only for the limited purpose af issuing i�il� Insurance comm�tments and poiicies. The issuing ageni is not lhe Gompany's a�ent for the purpose of providing closing or setfiement services. 8, PRO-FORMA POLICY T�e Company may provide, at the request of a F'rnposed Insured, a pro-forma policy iliustraEing the coverage ihat the Compas�y may protide. A pro-forma policy neither reflects 1he status of '�tle at the 6me lhat 1he pro-iorma policy is delivered ia a Proposed Insured, nor is it a cornmftment to i�sure. 9. Aft6lTRATI�N The Poficy contains an arbitratton clause. All arbiirable matlers when the �raposed Policy Amouni is $2,OQq000 or less shatll be ar�itrated at the option of either the Cornpany or the Proposed Ins�red as tf�e exclusive remedy of the parUes. A Propased Insured may review a copy of the arbitration rules at http:!lwww.alta.orglarbitratian. This page 15 onfy a paR o! a 2016 ALTA Gammitmsnllor 7rf�e lnsurance. This Comm�tment is not velid withouf fhe Notrce; the Commrfinent to lssue Policy; tha Cpmmitment Conditrons: Schedulcr A; Schedule B; Part !- Rsquirements; and Schedule B, Part 1! — Exceptrons. ORT Form 4690 6Nb Rav. B•i.i6 ALTA Gornmrtmen=, far Ti�c Ir:sura�ce py�e � File ND: 2019-143 7'ransaciion Identifica#ion Data fnr ref�erance only: Issuing Agent: Sherburne County A�stract & Title Go. ALTA Univers�l ID: OOD1842 Lpan ID Number. Issuing Offrce File Number: 2�19-143 Property Addr�ss: XXX Chelsea Rd W Mnnticello, MN 55352 Commitment for Title Insurat�ce Issued by 01� Repub[ic �ational �'itle Insurance Company SCFiEDULE A 1. Cammitment Date: April 5, 2019, at 8;00 am 2. Poficy to be lssued: (�) 20D6 Al�TA Uwner�s Poiicy (6-17-06) Proposetl Insured: DSN Investments, LLC Proposed Policy Amount: (bj 2006 ALTA Loan Policy {6-17-06j Proposed �nsured: The City of Monticel[o Ecor�omic Development Autharity, its successors andlor assigns, as their inkerests may appear. PropaSed Policy Arnaunt: 5118,50�A0 3 The estate or interest in the Land described or referred to in this Cammitment is: Fee Simpie 4. Th� Title at the Commitment Date is vested in: Ocello, LLC, a Mir�nesota fm#ted liability corstpany 5. The Land is described as follows: SEE ATTACHED EXHIBIT "A" Thrs page is Only a part of a 24? 6 ALTA Gommihnent far TiNe Insurance, 7hfs Commitmenf is not valid without fhe No�ice; the Commrtment to fssus Palicy; the Commifinent Condibons; Schadu}e R; Schadufe S, Part 1- Requirer�rents; anaf 5chedule 8, Part Il - Exceptions. Old Repub�€c NationaB Titie Insuranae Company SHERE3URNE COUN�YABSTRACT B 7fFLE C4. 35i Main Slteet Elk R?ver 5330 � � �l�:�c�u�/.c.� AtRhon d Signalary^ Oft7 Form /89Q A 6'66 Rev_ 8-1-16 SchedWe A kLTA Gommlimenf for T Ne fnsuraace F�lCHIBIT `°A" File No: 2019-143 Und+�rlying Legal Descrip#ian: Qutlot Q, GroVsland Additian and that part af vacated Chelsea Road West dedicated kn Grove�and Addition lying Southeasterly and Easterly of a line drarvn paralle! with and 84 fee# Sautheaster�y and Easterly af the Southeasterly and Easterly line of Outlot A, 90th S#reet 3rd Addition and afso lying Southwesterly of a Ilne drawn parallel wlth an� 80 feet Sou#hwesterly of the SouthuvesEerfy line of Lat 1, BIoGk 1 of said 9(Ith Street 3rd Addition, according to the plat thereaf on file and of record in the office of the County Recorder of WrEght County, �Illinnesota. New Legal DescriptEan: To Be Deterrnlned Abstract Froperty Schedule B-I ALTA Corr�mitment Fiie Na: 2U19•143 Requirements AI[ of i�t� folfowlrtg Requirements must be met: 1. The Propased Insured must notify the Company in writing of #he name of any party nat referred to in this Commitment who wili obtain an ir�terest in the �and or who wifl make a loan on the Land. The Com�any may then make additiona! Requirements or Exceptions. 2. Pay th� agreed amaunt ��r ihe estate or interest to be ins�red. 3. Pay the premiums, fees, and charges for the Policy to the Campany. 4. C�ocuments satisfactary to the Campany that convey fhe Ti#le ar creske the Mflrtgage to be insured, or both, must be p�operiy aut�orized, executed, delivered, and recorded in the Public Records. 5. Reeord the final, appr�ved arsd fully executed Plat of Groveland Fifi� Addition, 6. The legal descrEption to be conveyed constitute5 a split of an existfng iax parcel. Approval of the apprnpriate zoning of#icers For such a split to take place must be obtained before arry documents are accepted for recarding. In additioR, the instrurnent of conveyance must contain a certi�ca#ion fram the Caunty 'Treasurer that the taxes, special assessments and service charges due in the current kax year have been paid fn fulr for the tax Indentiflcation number referred to above, A copy of said instr�ment of canv�yance with such certification frarn ihe County Treasurer must be s�hmitied to the Company for approval pr(or to closing, or ai the tfine v€ closing the Company must be provided w€#� fu�ds sufficient to pay ihe same. En addition, a copy of the survey af the new kot sp[it complete witM proposed new legal descrlptians must be submitted tn the Company prior to Closing for review and possible further requirements an�lor exceptions. 7. Warranty Deed from pceflo, LLC ta DSN Inveskments, LLC. B. Provide t#�e name of the persan signing an behalf oF the above named fse owner, alang with documenkation authorizing that person to sign on behalf of the entityo in additian, provlde evidenced that the entity is in gaod standing w€th t#�e state in which it was created. 9. A praperly executed mor#gage fram DSN Investments, LLC to Clty of Monilcella Ecanomic I}evelopment Authority. 10. Provide the name of the persnn signing nr� hehalf af the above named purchaser a�d mortgagor, alang with documentatior� authorizing tf�at person to sign on hehalf of the entity. In additian, provide evideRced #hat t�e entity is in good standing ►vith the state in whlch it was creafed. 11. Sfandard Exception Q(Gap in RecQrding Exceptian), This exception can be waived at c[osing anly if thls transaction is closed by Old Republic iVatlonaE Title In�urance Company or one of its policy-issuing agents. Old Republic National Title lnsurance Company will provide insurance coverage, subject to terms of the title Insurance poiicy, far any documents recorded with the County Recorder or Registrar af Titles for the aerimd of time be�nreen tf�e effective date afthe title insurar�c� cammitment and the date of reeordRng of the closing documents provlded the closing �occurs with �Id This page is only a parf oi a 2016 ALTA Ca�rrmitment far Tifle lnsursnCe. This Commrtrnenf fs not valid vrithout fha NotiCe; the GommitmeRt tD lssue Policy; the Commitmer+f Condrtians; SChedule A; SChedule B, Pert 1- Requirements; and Schadule 8, PeR 1! - ExceptioRs. 6R7 Form 463D B I 61�16 Rev. �1 � 46 SC�IE�L'FC Ii I AITF Commihnenl for Titfe Inswance l�epublic Nacianal Title lnsurance Company or ane af its poiicy Issuing agents. 12. ldentificakion will be required from all parties requfred io sign documents at closing. 13, Verify prfnr io closing that fhere are not unpaid utility andlar water charges on the suhject property. 14. Title is vested in Ocello, LLC, wf�o acquired title from l.yman Development Co. by WarranEy Deed dated 01112I99, filed �1l25l99, as aocument �lo. 6&8007, This page is only a part a1 a 2016 AL TA Commltment for Tlfle ]nsuranCB. This Commitment is not valid wrihoud ths Notice; ihc C�mmilmenf to 7ssue Palicy; the Commitment Candifions; 5chedu/e A; Schedule B, ParY 1- Requirements; and ScheduFe 8, PaR!! - Exceptions. ORT Forrtt bB90 6 I 6f06 �ieu &1-16 S�ea�le B � ALTA CqmmiVneni for Tllle Insurance Scheduie B•H ALTA Corrtmitment File No Z�99-143 Fxceptions THIS CQMMI7�I�NT QOES NOT REPUBLISI� ANY COVENANT, �QN�ITION, RESTRICTfON, OR LIM�TATIO�! CO€�TAINEC7 IfV RNY D�CU�E�'T R�FERRED T0 IN iHIS CDNIMI�MENT TD THE EX�`ENT THAT THE SPECIFIC C4VEfVANT, CONDf �TI4N, f2�ST�ICTION, OR LIMITATIQ�f VIOLAiES STA7E QR FE�ERAL LAW BASED ON RACE, COLOR, R�LIGION, SEX, SE?(llAL ORIENTAifON, GEN��ER IDENiITY, HANDICAP, FAMiLIAL STA�'U5, OR tJATI�NAL QRIGIN, The PQ#icy wilf no# ir�sure against �oss ar darnage resulfing from ihe terms and provisions �f any I�ase or easemenf identiTied in Schedule A, and will include the following Exceptions unless cleared to the saiisfac6on of the Company: Any defect, lien, encumbrance, adverse claim, or other maCter that appears far tl�e first time in the Public Records or is created, attaches, or is disclosed betwee� the �ommitment Date ar�d the date an which a!I of the Schedule B, Part I- �equiremenis ar� met. 2. Any discrepancies, canflicts, easements, boundary line disputes, encroachments ar protusfot�s, or averlapping of improvemenfs which wou[d be disc�osed by an inspection and accurate survey of the premises. 3. Rights and cfaims of parties in p�ssessian. 4, NEechanies', Contractors', or Materialmen's liens and iien claims, if any, rvhere no notice thereaf appears of record. — — ---.. -- ------ _ -- 5. Any facts, rights interests ar clair�s which are nof shown by the pubfic record, but which caui� be asce�tained by making inqufry of �erson{s} in possession thereaf. 6. Lie�s, encumbrances, or clafms thereoF, which are not shown by the publpc recard. 7. Defects, lie�s, er�cutrtbrances, adverse claims or other matters, Ef any, created, first appearing in the puhlic records or attaching subsequenf to the Effective Date but prior ta the date the proposed Insured acquires for value of re�cord the estate or interest or mortgage thereon cvvered by this commitment. 8� NOTE: There are no levied ar pending speciaf assessments. 9. iaxes for the year 2�19 in the amount of $6,OQ4.4D are not paid. (�ase tax $5,004.00), (Tax No. 155-125•0�0040j. 10. NOTE: Wright County tax recards indicate proper�y is Non-hamestead For taxes paya�le �n ihe year 2419, 41. Qeveloper's Agreement hy and between ihe City af Mar�tice�lo and acello, LLC, dated 081031Q0, filed 08l11100, as [?oc�ment No. 796535. 12. Drainage and utility easemeni(sj as shouvn on the recorded plat of Graveiand Additlon. 13. Drainage and utility easement(s} as shewn an tf�e propased pla# nf Groveland Fifth Addition. 14, Terms and canditians af Resalution �fo. 20�9-27, approving finaf plat and Development Agreement for Groveiand FiFth Addiiion and Final Stage PU� for Lot 1, Bloek �, Graveland Fii#h Addition. NOTE: The Company has been provided a copy of the draft ofi said ResQluiion which has no# yet been executed. thrs page is only a p�rt of a 2018 ALTA Commifinent for Trtfe lnsurance ihis Cammrtment rs no1 valid without the Notice; fhe Commrtment to lssue Policy, lhe Commrfmon! Cpndrtlflrrs; Scheduls A; Schedule 8, Part !- Requirements; and Schedule B, Pa�t 11 - Excepfrons. ORT Form 169i1$ I{ G+J6 Fe�, &-i-16 Saheduls 9 il AL1�A Comrrvtrnent fa Titie Insararsce 15. Terms and conditior�s of Ordinance No. 71fi, for zoning purposes. Note; The Company has besn provfded a capy oi #he araft of said Ordinance which has not yet been executed. 16. Terms and condi#ians of Resolutian No. PC-2019-UD�, recommending approva! of a zoning map arnendment, dafed 02f26119. N{3iE: The Company has been provided a co�y af said Resolution rvhich has not yet been recorded. 1 T. Development Contract and Pfanned Unit Development by and between the City of Mon#i�ello and MQnticello RV Center, Inc. and flcelio, LLC. NdfiE: �f�e Cornpany has been provided a capy of Ehe draft of sald Development Gontract and Plannsd Unft pev$fopment wf�Ech h�s not yet been executed. 18, 5tatement of Mineral �wnership filed by The Federal Land Bank of Saint Paul, dated 10l151?'4, fifed 9n129174, as pacument Nv. 29421U. 19. 7erms and conditlons of Resolution No. 2008•D4, vacating portions of 90th Street and Chelsea Road, dated Oilidl�8, flled 06117108, as DocumenE Na, 9091043. 20. Mortgag� t� be executed by �SM lnveskments, L�.C, as mortgagar, ta The Bank oi Elk River, as mortgagee, to secure an indebte�n�ss of �2,i80,000.p0. 21. Mortgage to be exec�rted by DSN I�vestments, LLC, as mortgagor, to 'fhe �ank of Elk River, as mortgagee, to secure and indebtedness of �1,744,OUd,00, 22. Abstract Property, Fhrs page !s only a part of a 2pi6 ALTA Commitment for Title lnsurance This Car�mi(menf !s rro[ velid without the Natice; fhe Commrlmant to lssue pclley; Ihe Comrnrtrnent Cond+trons; Schedule A; 5chedule B, Pxn !- Requirements; arid SChadule 8, Pert I! - ExCeptions. ORT Fvrm d690 9 li 6106 Rev. 8� 1-10 S�hedule B fl A� 1 A GommitmenE tor Ti;le insura7ce 0 z 0 4 � C � � � a 0 .� L U a 0 a J 00 00 l� � W �r� m m l� l� ::1� �`J� `J� l� l� � � N � �/'� � M M . . (�1 M � -`'7'r � � M N � � T � � 0 0 0 o w � O � � N j . v� m �n �n �n M ,� :C --+ �. — — -r � '� O � O � O � � � O. O. O � y y Q Q ✓] x .� .� .""i 'c � s � p u p � � � v] � � ;!� � � � � y � � � � � � � y � � � �i ¢ � L y <-� Q � � � W a+ M '� J 'ri � -r � o � � o :� o � r� � w � J � � � � � p � � F � F � ;� � r r � � n � F- F- F� � � � a c-. C. O a � � .� `� cC cC � W O O O � H z z � o v -.�� v � :t :t a ¢ ¢ � ;,� P� Lr � F� cn :n ;n U � � '� O M � 0 m � � N O � O � � � Ol '.T O� 7 7 7 � � � 0 0 0 m m m � � � � � � m m m N N N Debbie Davidson From: Sent: To: Subject: Attachments: City of Monticello, MN 505 Walnut St, Ste 1 Monticello, MN 55362 763.271.3228 8 AM to 4:30 PM Account Information Acco u nt: Name: Service Address: Service Period: Billing Date: Due Date: Meter Reading noreply@ merchanttransact.com Wednesday, March 6, 2019 9:10 AM AP Your bill from City of Monticello, MN is ready. 3119Webinserts.pdf Previous Reading Serial Date Reading Current Charges Water: CITY WATER - NON-TXBL Water: ACH Credit - Auto Pay Water: E-Bill Credit Sewer: SEWER - COM/MONTHLY Sewer: SW DISCHRG FEE - COM MONTHLY 2% Total Current Charges: Bill Summary Previous Balance: Payments Received: Adjustments: Current Charges: * Total Amount Due by: 4/1/2019 * This was the amount due at the time of billing. 007256-007 MONTICELLO EDA (213-46301) 103 PINE ST 2/1/2019 to 2/28/2019 (28 days) 3/S/2019 4/1/2019 Current Reading Date Reading Cons $7.10 ($1.00) ($0.50) $9.00 $0.18 $14.78 $14.78 $14.78 $ 0.00 $14.78 $14.78 To view your amount due at the current time and make a payment click here. Auto payment is setup for this customer account, do not pay. 1 �J{L'11C�L�r ' L�t�te c�f�rr�r�s�c�tickn ��.� � � �C�TY �F NIf3f�TI�ELL6} +City Hall ��rd ira�rsaction Pleas� attach the ir�v�ic�Jrec��pt �nd �any other �u�ilabl� dncum�ntati�n tn this form. 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' "- , `:-� �.a , _' , . � .� . _ _ . _ . -;, . _ , _ ,- _. �.;. . �,,; _ _ � : - . , _ - - - � . ,� r_ . ' --e, , • , ._ , � _ � _ I � � �, � � . � _ � _ _ - - _ Jrulie �hen�y Frorm: Nlarcy A+�de&{srn �rnar�yCmc�rat:cella�ei.ec�m> ��nt: �riday, March S, �41'� 11:�� ,Ah� Tp: AP Subject; fnvc�i�e frc�m hJlonticellc� �hamber c�f ��mmerte and Inciustry D�2�r Jirr7' 1`�ur 1nYoi�e 15 belc�w, Ple�ts� remi# ��y�nen# �t y�ur ��rli�5€ ��nu�nienc�. Th�nk yc�u far yaur busmess - we appreciat� it uery much. 'We va1�� yau as a m�rrtb�� _4- ..-- fJ�� = �:j �incerely. _ �-' „f '�� _ ��,��: ;a�� N1ont��eElo �h�mb�r of �ramm�rc� ar�d [nd�skr�y °• ��-{` .•�"�� (763� �J�-�70� , ;,� �� . k ,� �. 1,�.'. � � io �+i�wJp�y bill5 �nlirr�e, p��se �lick F��re Morr#icell�a �hamt��r �of �c�rnrner�e ar+d In�ustry 2C�� F'�n� st�eet PO Box 19� h�4f1tIC��O, �i� �� 'f�� -�� , �a7{: (�%{'S��J ��-��Q� �n F[+� m�nl iGe M�y�r�.�p rn �lonticello Gity �f Accounts P�yaksle �a[3�a +�4'�Inui St; eek �uote #1 Mvnli�ellv, MN 55362 Clescripi,or� ��18 �hamb�er Lunch S°�te oi the C�unk�- De�errr�*er 181h-- M�� (,Jim Th�r��l 2Q18 Ch2sr�b�r Lun�h-��t� vf Ihe County, C��cer�ber 18ih-- ��C {AtRaF �tgr�g} I��v�iCe InvoiCe [1�ate: 12l31i1$ �f1Y{itCB �LIf11�F$i; ��'� Accountfb: Te rrns �9ei 1 � Qu�ntity Ra�e 1 515.4[7 1 S1 � f]0 Sub#otal' �a�€: Yotai: RayrnenUCr�dit A�apli�t�: i �ue Qa#e 1i1519� Amou�rt ffi15.C1� S`I 6.Ot1 $30,OQ SU��D�I �30,Qh0 ${l.bD Ju�ie Cherte Frorn: Sent� T�: �u bj ect: MarCyAn�l�rsor� <r��rey�TT'�o�ti�elloeri.Cnrn� Friday, �vlareh �, ��19 11:�2 AM �t P Inv��i�� froro� M�ntyc�l'�a Ch�mber of Ct�mrr7erce �nd Int�us#ry De�r Jwm_ Y�ur ir�v�ice is belo+r�. �PY�ase rem�t p�yment �#. y�ur ��rliest con�+enience. Th�r�k y�u f�rr yo�r busin�ss - we appreci�te it �rery m�och. '�Ve +�alue you �s a rr��rt�ber r �in�erel}+, MontMcello Chafnber �f �c�mmeec+e an� In�iustr�+ �� s�-�� To �+��ew�p�y bills �rikin�, �`eas� cli�k h��e Nlonticell€n �har,�b�r ot �vmmer�e and �ndusk�y �45 f'ine Slreel f'C� Box i92 Mo�n#scelb�� h�fN 5�362 (7��;� 2�5-27(70 � fax. ��} �95•�7{]5 inf[��a r��nli�211�cci c'�m f�1o+�ticel�c� �i#y af Acc+�ur�#s Paya�le 5051N�Inut 5t�e�el �u�Ke #1 hrlonx.ic�lla, h�N 5�36� f�esrGripkion 2Q1 � Charnber LuncY° -�h�amber M�nnber BenefRs �nd �Ransgrship C]ppcar�u��.?i4s. J�nu2ry 1�Stt� s4I�'1+�.�. (Jlrn T9�as�s� � 1� _ --- ::;-��_-;� . � , � � I� � � �3 xM � o I ,,ti -- �r,�� , , �,� '• �. � � - . �, . �I� e4 � �� I nV��e lnvcaicc� D�,te_ 112�fi9 Mn�roic� �lurnber; �#9�7 AcC�ur�t �p: 'iprrrl s Net 1 � G�ua�ntit� Rate � $15.C1C� 1 Du�a i]�te �,+�f1 � Ar€��unt $°YS.QC �ubt�t�l: �'��-�'� Tax; $�,f]D Trt�t�l: �� P�yfinenU�eeiiit +4p�li�d; ��.4� �slance; $15•(}� 1uli�e �h�en�ey Frnm: Ji{n Thar€�s Sent: 4Nednesday, M9arch ��, 2(}1'� 2;43 PM �cr: Julie �heney �u'bjeet: F�E= fvinnti�ellc� Chart�ber Lurs�h Inv�i�es ;�J JulEe, ple�se g� ahead �nd ��y k�crth r�f these �s I di�f �ttend the meetings. Code as fall�ws; 213 �#�30�1-�443��1, Th�nk Y�'�- Frornt Juki� Cheney <Julie_Cheney c��a.montieelko,mn,u5> 5�n�: Wednesday, M�r�h 27, 2i719 1C�,5'� AM To: Jim Tf�ar�s �Jirr�,Thar�s�aci,rr7�rrtticellc�.rr�n.u�� Suk�j��#� F'N�= M�nti�efl� C�i�a�b��r Lunch Inv�iee� {2� rc�ii,.��,r�:��; �,p �n on��r. From; Juli� �heney S�nt: T�u�sri�y, M�r�h 1�, �Cr19 1�7�53 AM To:Jim Th�re��Jrr7�.Tl7aresti,c..r'll]!7tll�l�'II�a' fl'�i'i �_.�.� �ubj�ct: M�nti�c�llo Ch��'r�ber Lun�h In+�pi�es �2� In:i Aittache�d are tt+v€� invoit�s f�r Montic�llo Ct��mf��r lun�hes yau at'kend�d ir� D�cember 2nd J�n�uary_ �ikay to pay �15 �c�r eacl�� PE�e�s� provid� eoding. 'Sa m� Re�ple �ay wher� th�+� r�gi�ter, if ��ibl�, I waulCl enr�ur�ge you do tc� ti� ChiS �5 v�+eGl_ Th�y hdve b��r� h�ving i5sue5 wilh their billi ng �ystem ara� �s +�ou �an s�e� �+e �re r�c�t receiving ir�vvic�s tirnepy. Thanks, ,fir�ro� ( r��`r��`xr �i�¢nG� �155i5tprit Ci#y of �honti�ello 763-271-3�Q� Jul�r� Cheney��ci.m�nti��:l_I� rrti�n,u� Af��; �.rna.ratscr�ll�,mn_us � c ��r c;� -.;� ��i��l�� ar'! �orr��s,pr�+�d�r�ce t� and �i�om the City �f A+larrtrce�� gov��rr�mer�t vf�ice� rs subj�ect ta �h�e A+��t�n�sot� Ccrw�rr�merrt D�ta P�crctdces �4�t ar�d rt'��r b� d�sc�osed to t�rr� �Scrrtre�, Julie Chene Fr��n: C�ebbie Davidso�� ent: 7hursday, March �8, 2�19 7f1;{7�] ANl Tc�: luli2 C��n�� ubj�ct: FVs+o Inuc�i[e frc�r�n M�r�ti�ello �hamb�r of C�rnmerce and I��luSxry Se� f�lat's rep9y helou,�__. ��q'��;F ��'� F`,'�= . 4 Finc�nce CI��'k Cifiy of �+4esr�ti��llc� 7�3-�7`i-3�25 �LfJ��IF.C.G'V141.��wPi� C.I.�T'��LfIC4II4.ITY!l,J� ap��a �merrrticellc�.rnn.JS Em�il tr7rrespor��f�rrce to a�a�'frorr� dh� L'�ty+��','Nor�flce�'[cr g��err�mer�� olfit�5 a��r�b,�e�t 1cr t,�e A�P�nr�esnta �rnverr�rr��r�t D�t� Pr�acfic�sAef a,�d rr��y #e cYis��o��d�o P�rirdparPies.. Frtam: Mat Stang �M�t.St�n�C}�i.m�nti�ell�s.rn�.u�> S�nt: Th��rs��y, Nlarch �8, 2�119 �;49 AM T€�: �ehbi� �avids�n<C��bbie�[��vidson�[i.mcant�cell�,mn,�� S�h�ject: RE; Inut�ice frorn Mo�ti�ello Chamb�r of Corr�rner�e �nd Cndustry Yes. this is �k to pay, f�Ot 5U r2 ��re this ti+rould b� Cr�d��l tr SOrn�thing lik+e 43�10� t�f �4399I7 From: D�bkri� D��+id5�n cDebbie.�larridsr�r7.��i.r��ti�ella.mr�.us> Sent: Tp�ursd2y, Mar-eh ��, 2019 �;�2 AM To: Nlat S�an� �N1�t.�t�an�L�a�i_r77�ntieellc�.mn.us> S�xbj��t: F1+V= In,r�ice frr�rn 1�+1o�rt�cel�[� Ch�rr�k��er af Carrrmeree and Industry Hi Mal, M think this one got missed, Q�kay t� p�y tl�e irr�+aice listed �el[rv�+? Tharrks, 7� � �: �: L � T` � �,i' a� ='� :�',- �II'Kl�IC� �f�fiC �It'� (ti� J�U�YtIG��J %�J'�-��FJ C��F�,�.duv�ds�nC�e�.m+��t�ce�li� m�r�.us a�C ��.mont�te,lla.mn.us �rr�a�f eorre�p�ndence fo arrd (rvrr� 1�iE� Cif}^ �7fJ4�antrceffvg�v��rr�rr�r+t off�ces �s sr�bje�f to t+�� f�li€�rresota ��rv�rr�rrr�,�f Dafa Pracfrc�s.4cPar��d rr��yb� d�scf�sed t�r �hird,�a,�Fl�s. �rca�n: C�ebbie C3�+�id��r� Sent. Fr�day; Nlarth $, ��ti19 11:3� AhA T€�: Mat �tang cMat.�t�n,�L��:i,rnc�ratie�ll�„mr�.us� Subjett: �fW: Inv�sice frc��n P47c�n#�ce@lo Ch�rraber �;f �'�nnA'n�rce and 6ncfustry Ni fVl�ti, I5 i[ �k�y t� p�y y�aur p+�rtrnn �$15� �f th� inv�+ice k�el[�w f�r � Ch�mb�r Lun�Fr� Th�r�ks, l-��v�..�W4�y -�v��">�4_)f;.°V'�r FIFVO�IC� ��£�RC CI�'�r 0� J�'i+��4tIC��O ��-��1-�� C��bb�e_daviasorr.�ci.r��ntic�lio r�nn.us apC�c�.m�nticello.rr�r� �s �rrPalf corre�p�r��errce fo arrdf�orr� th� �"1�y �l Mc�ntice��o gcrverrrrr�errt otfr`��es r's sr�bjeet ta rh� �flrrateso#� Gcrverr�rrrer�f f7ata Pr��t�[�5A[t��rd m�ybe drsclosed fo thirt�p�rtres. Fr��f �vl�r�y Andeeson �rnar�y� montie�eYlp�[i.e�pm� Sen#: �ri�iay, Mareh $. 2p19 11=�� Ah+1 T�: AP �A��)C�i.rrrc�nti�ellc�,mn,us� Su bject: Invoi�e from h+11�nTi�ello Ch�mber o# �arr�merce and I ndustry Qear Jirfl: lfpur in�'�i�e is �re�c�ud. Pl��e remi# p�yrnent at y�ur earli�st convenience. Th�nk �+�u f�r +�ou� ��sine�s - wr� �ppre�iat� it very rnuch. ',l�e v�lu� yau a� a member �inc�rely, d4l�ntiCellv �h�rrrber �# �Comm�r�� nd InttuStry (763) 29�-271�� Tc� viewlpay bills or�line, pl�a�e click he�e M�nki�el�o Ch�mber of Commer�ce �nd Ind��kiry z�� *�� st��s �a� �� s� Monti�ello. MN 5��62 (i63) �95-27�C� � fas€- (7�:�:i �9�-274� I nfp±¢'�r7� n#ir�l loC�i. Com h�9pn#i�C�llp �i#y 4f P4��aunl� Payable 505'J�alrauk �treet Suite #1 Mont�c�llo, �r1hV �5362 � In�rol�� nv�a�� at�: 12r31J76 Inv�ice Number; �4�1� AccountlD: Descrip#i�n 2�18 �h�mb�r Lua-s��r-St�S� �[th� Cc�unty- �]ec�rr.ber iBtYt-- ��G (.�I�tl �il�Y�S} �C�1$ Chamber �unch-Sta4e af the Ccsa,n�y- Decernkyer 7�th-- M�C �MaR Star��) Qu�ntity 1 T�rms D�� at� �el 1 � 1.�15119 Rate� Amount �15.Of1 $1�.00 1 $1 �.OQ Subtotal: Tax_ Tatal: Payrn�n�lGredit ,4ppli�d: ��lan��= 51 a.00i $3�_p0 �t}, �0� �3�1,OU �a_fl4 s�o,00 7 tr,4 ::�r ,: i �:r e:, .,�r . e..= l.rl . '.1_ i1o_�:lo �ChS�I";k3� i3 .,., i . , . ��° ° , _ v�. „li �vi'� 2�f4'�}li �Y�iiley -tu : ��. =l hdir;�,•• � . � 1�, �_,r. �:°? TC u,��::,��;kaF G;iick her� i� �You r�aos q�restians €sr tiornr�t�rtits w�,��rr�arg ih�s e�„ail �r i�r��,�4h�ur�� v�c�s iir �eneral ��I�� ;,untact us Gy eniail ai s�p�1[�r'.;�:.. �`�'., .� � +N �' , � Juli� CF�en� Fr�n�,: �ente To: S�abject: ]]��wri�sir�er: ] t:; tio,4 r'�' u rn b�:r A.�uta•Receipt �nore�ly�m��l.�uthoriz�.�e#> Thursday, Mar�h �S, �C�19 ':�5 PM �i P Tr�nsa��tion Reeeipt frorrs �vlontace�l� Char�t��r s�f Cornmerce & Jndustry for $��.I�C] �USD1 �',,k rnrn� Gvr [nx �,,i�� m�3997 (M�anticellt� {:it}' �f} -'�}] 5� C'ha�rnlur [_uncl� -�;k3ar�rl�r h-is�nbee . L3�n�tls3 �n�i �p+3ns�r;hip C)�Purtuniaies,l�ru;�-ti ];ah a<< ��t{'C: t.,firci Th:Mr4s) 51 �,{}D . F�,i�nbrnC t'�rr [n+uicc R�3919 (!+�1t�Gtitierll« �;itl s�[`F. 2i9]t� C`harni'�� [,i��41t-St;�t4 ul�shc �'utint; �k3 ] ?fa�#b k3illin� Inf�rmation lulie i`h�n�> iY�l3[ilL�LL�I{7� �.�Il�� i:}� ;]�J;i V4'i1I1141s rI�FS`4:� �411CS: � �'�l}CItLC��Lti. ��`,� i��a� L)� J(t'[F��.41. [174§r1liCC I ]iF, fi1Yl. U� t�� }7� ��}�ry 13��cr C�imc: �fri��lit]n If]� I'��m�n� Mctha�d: fr�n�at�i47n 7�k��: ,�hutlr Ca�lc: Shi�'�win� ��iurr�ali+�n "?4-�Cz�r-�t}I� 61:�#�:3� F�l7�I� C�9b�335301tJ 5�`isa.�xxx�?(s�l E'urclr;3�4 li1 fif,5ti� h.�1on#i�C�llo Ch�rrrber of �,�mmer�� $i lrrdi�stfy Mon#�ceGa, A+1N 5536� Ll S rrrarc}��a monticellca�ci.�om 1 -[�uials ��#�.OU (U�i]) �ulie C�er��ey Frorn: Sent. Suk�jeeet: r.fi�C�rn�ntic�ell��ei_�orrr Fhursday, Mare� �8, �019 1:�5 PNl �r�line P��ment Confirmation 4'c�ur �xnlin� ��a��i��t�t r�cptil�st ��s b��:a� r�r,ei��ci b�� 1��S��itice�lv C'iiatnber ot Comm�r�.e a�,cl �nciustr��. �yi�� CTll�1� C��IkJ"lfll'Rlrlfl#111 I��meo J�r1ie �hcn�:�� C'�nl��t�3�: 1�'Ic�ntic�ll�] �'ii�� I' Tra�s:��tion t�urtiyber: fi lf�� 1�3�919 �.a�t � af .�cet :�umt�+��: �7#i� .�moant: 5��_C}f7 [7�sscrGp#i�n �tem��5} I��yrr•.er,i F�r Inx� Ce 2419 Ghar�b�r Lunch -Ch�mh�r Memb�r Ben�Ft� �nti SptSnsOr5�lip #4987 (Mon#�CeliO City C3pportuaiti�s J�nuBry 159h �t M�� {Jirrl T'hares} ��.44 a f�i Qt�antiky T'°tal � Artltiunt P�yrr�nl For 9nuo ce �Q1$ Ch�nrlb�r Lu��h-�tsle of 1h� Caun#�- C]��rn�er 18th—h11CC ?�491� fCNontMc�ll� {Cit+� (Jim Thare�s gi� �JO 2(}1$ Gh�nn�er �,anCh-Si�ke of LYr� ��unty= 1 �3�,4�0 ofy DeCEmk�r 18th--FACC (hJl$[ Stang7 S�S.Q{� � � Grsnd Total $45,4�0 �TE1i5 Ltr��i� t+�`�►s �utr��t��Zti�.�ll�� .rr�rai�:�i. F��r €�ues[i�rl� �r f+e�[i��cl�q pl�a�� c��ita�t u� t�t; !��Tcrntic�llca C'h�mh�r �f �'o��rt3ercc ar�d l��dustr�� ?C}� �'ie�i�. �lrc�.t F'C} 13cr� 1�? 14�1��n[i��llt�, ��11�1 �� i�i? �7Ea � j ?�}a-?70U Iri�(}i (L�171�i1X1��1{7CC].�CC1�T71 hitp: r�`��°��.tYloriticell��c�i,cot�f ��`'esicine ��.,�� — — � ��Ce �f'Tr�nsactii�i� � � �� ITY �F �'�+10fVTI�ELLC} City Hall +C�rd Trar��a�#ion Ple:�se att�th tF�� invoieef rec�ip# �nd any �rther a�raif�bl� c�ocumentation t� thGs f€�rm. T� be compl��ed by �surchaser: �a ,''J�,y �IIlV�ILL � .��4+` �t�+'�I 1 Circ6e p�r�haser n�me: �� 1lickF Leerhoff� Rac�iel Leanard J�f�f {J'Neill ti+ti+ayne C3k�erg 5arah Rathli�kyerg�r Jennifer 5ehr�iber Ang�la �churnann Jim 1�har�s �acc�b TF�unander _ �'*1�� f , ' ��; r � C '� ,•�� r. EmplDy2� S+gnature � , �. Supervis r ig t .� � ��te 2�p�rr�yve€� ��'CEBI RF�� I $�' D�SCFIptl8fl �-L— _— �� ir�le departn7ent cade: Cfr�cl�+�xpen5� COd�: 421994 4� 1�5�} 4319��7 4��O�J 4331(}�i 443300 ��iQ�._. �� Oth�r �ity ��uncil �4drnir�istr�ti€�n Ele[tlnns Fin�nee Hur�n�n �eso�urce5 Planr�in� �nd 2r��irrg ��t� Proces�in� �City H�lI Econ�mi� C?e��t --��t � - _ Gener�l Qper�tin� Su�pkies �J�ewslett�r �er�i�es Miscellan�ous Prof Servic�s Pos#age 7ra�++e11Tr�in ing Expens� �7ue5 h�1��rtbership & 5ubs�rip L1CL'CF5�5 df]i♦ �*�F,�S . �ISC, �C�}@F" E1I�f�$�.`'� �'%��=� �� ,�' � 1�� E?�f'Ct.TNOFE PYiYLESS; Mtih.�l{.Fl_i.i` 7Eis-�J'1-1100 i::>.�:1:;-�i,��.; i�l.''>, �.M �1{P?F'e,'�S "��i.A1t�I1� �� , ��I��I�� I��' I�� i;l#t;�:d 13Y �,i`��i�ia l'.`:i;� Nf.`;1L� F�N $`.A.� 41�•�1�,!�ll()�G AF �Rf�P�:EG FN ��°#.99 �uBrpT�� a_s� Mf� rA1� $fl,{1� T�GiP�� 45,9$ � 7[}�4:r VI S � �CHA!�UF �4`� . �8 �S 1�C� ; ,��OOOOG� �i31 d"C101 UI�� GR�[osT I'L,:�i '�x��;(i �11;,1 #1lI`��-1�T5-3 UC��7�9�;��4-F�4� kia�la, nicak� a��ar' T�nr-q.�; Run Aetter. T:,kc; vy � �n i i x i k� ��u' �de�y �7�iut tode�Y `s tr i p= i �rtu��ru�t . � fl;e�� 16_ 70�4# 9d8� (1�8� �'�a;�wtsi`�: �1�0 �47 �_u€Nr��u�.� Er� E�F�r�� f'I�n-,s� s�,l..� tr�.° a,4�ruay within 7��, EDA Agenda - OS/08/19 5. Consideration of Block 52 Soil Borin� Quotes (JT) A. REFERENCE & BACKGROUND The EDA authorized the solicitation of quotes for soil borings in Block 52 at its April 10, 2019 meeting. Quotes have been submitted by the following firms in the amounts shown below: Name of Firm Amount of Quote Chosen Valley Testing, Eden Valley, MN $ 5,655.00 WSB, Golden Valley, MN $ 9,900.00 AET, Minneapolis, MN $ 7,700.00 Braun Intertec, Bloomington, MN $ 7,210.00 Pinnacle Engineering, Minneapolis, MN $10,700.00 The low quote was submitted by Chosen Valley Testing, Inc. A review of the submittal by staff confirms that it meets the requirements of the RFP. As a reminder, the EDA is seeking the soil boring quotes to reliably assess whether Block 52 soil-geotechnical conditions-qualities are acceptable for development of underground parking structures as part of future redevelopment considerations. Al. STAFF IMPACT: The staff impact from soliciting quotes involved communicating with potential qualified engineering firms, sending them the Request for Proposal (RFP) packet and reviewing the submitted Proposals. The approximate amount of time involved by staff is 6 hours +/-. The RFP format was completed by the City Engineering Department. All other tasks described above have been handled by the Community Development Department staff. A2. BUDGET IMPACT: At this point the costs to complete tasks related to the Soil Boring quote process is minimal. The expected future budget impact is tied to the EDA decision related to selection of an acceptable quote. Since this is professional service, the EDA has the leeway to select the most qualified firm regardless of the quote amount if it so chooses. Funds to pay for the geo-technical services will be drawn from the EDA General fund budget and specifically the "Redevelopment Activities" line item. The 2019 EDA budget set aside $123,250 in this line. There have been no expenditures coded this line yet in 2019. B. ALTERNATIVE ACTIONS: Motion to authorize the lowest qualified quote for geo-technical services for Block 52. 2. Motion to deny authorization of lowest qualified quote for geo-technical services for Block 52. EDA Agenda - OS/08/19 3. Motion to table authorization of the Block 52 geo-technical services work per the RFP for further research and/or discussion. C. STAFF RECOMMENDATION: Staff recommends that the EDA select the lowest qualified quote among the submitted proposals. Completing the geo-technical work will provide the EDA with information regarding the possibility of developing underground parking structures in Block 52. The concept of underground parking has been discussed with developers in recent weeks and has been a lingering question as to being realistic. Information from the soil borings will help clarify this question and aid in continuing discussions regarding redevelopment proposals and planning steps. D. SUPPORTING DATA A. Chosen Va11ey Testing, Inc. RFP Submittal B. WSB Engineering, Inc. RFP Submittal C. AET, Inc. RFP Submittal D. Braun Intertec Corporation RFP Submittal E. Pinnacle Engineering, Inc. RFP Submittal F. RFP Format approved by EDA 4-10-19 � Chosen Valley Testing Proposal for Design Phase Geotechnical Evaluation And Piezometer Installation: Proposed Monticello Block 52 Development SW quadrant of River St. E and Pine St. Monticello, MN Prepared for: Jacob Thunander City of Monticello Apri129, 2019 Monticello Block 52 Apri129, 2019 Page 2 of 5 M I N N E S O T A I O W A W I S G O N S I N Chosen Val ley Testi ng, I nc. 414 37t'' Avenue North, St. Cloud, Minnesota 56303 Phone: 1-320-774-3500 Fax: 1-320-774-3554 Email: stcloud(c�chosenvallevtestin .._� Mr. Jacob Thunander Community and Economic Development Coordinator The City of Monticello Jacob.Thunander@ci.monticello.mn.us Dear Mr. Thunander, Apri129, 2019 Re: Proposal for Preliminary Geotechnical Evaluation and Piezometer Installation Proposed Block 52 Development SW Quadrant of River St. E and Pine St. Monticello, MN As requested, we are providing this proposal for a geotechnical evaluation for the proposed project in Monticello, MN. This proposal summarizes our estimated costs for the project. Geotechnical Scope Soil Boring: A total of four borings are requested at locations selected by the client. The borings would be extended to 30 feet or auger refusal, whichever occurs first. If borings terminate in unsuitable soils, they would be extended to suitable soils. The borings will be sampled in accordance with the American Society for Testing and Materials (ASTM) Method of Test D1586 and D1587 procedures. Due to a recent rule change from the legislature, all borings that extend 15 feet or deeper below the ground surface must be sealed with bentonite grout, and bore hole sealing records must be filed with the Minnesota Department of Health (NDH) and a filing fee also must be paid to the state. Another side effect of this law is that piles of soil cuttings will necessarily remain at the boring locations, because we can no longer put all the cuttings back done the bore holes. Our proposal includes the costs for grouting, preparing sealing records and the filing fee to the state. A 30-foot piezometer will be installed at Boring PB-2. This is considered to be a monitoring well by the MDH, and requires a special permit and associated materials. We have included lump sum costs for the permit, materials and installation, as well as a separate lump sum cost for the annual permit, subsequent removal and removal permit. To obtain the initial permit, the client will need to signify responsibility for the well and payment for its removal. . In some cases, the State will waive permit fees for public entities, though our understanding is would not apply in this case. If the fees can be waived our costs will be reduced. M I N N E S O T A I O W A W I S G O N S I N Monticello Block 52 Apri129, 2019 Page 3 of 5 Laboratory Testing: We have included costs for moisture and/or organic content tests on select samples. If more specialized tests are deemed warranted, you would be contacted for additional authorization before proceeding. Report: The preliminary engineering report will include the boring locations and elevations, geological background of the work site, a summary of the results of the borings and the penetration test results from the borings, and geotechnical analysis of the soil strength and settlement properties as relates to the proposed project including discussion of deep and shallow foundations, reuse of on-site soils, etc. The borings are not intended for environmental purposes, but we will note unusual odors if detected. The report would be issued electronically. Access and Schedule: A schedule for the drilling and piezometer installation was not provided. We are typically able to complete drilling for projects such as this within 2 to 3 weeks of authorization and complete the report within an additional week. The drilling would not take place until utilities are located (usually requires 2 days). CVT would contact Gopher One ahead of drilling. We understand that the City would like us to include costs for a private locator. The piezometer permit, public and private locate would likely require 1 week. The final geotechnical report would typically be completed within 1 week after drilling has been completed. We should be contacted if a specific schedule is needed. The piezometer removal would likely require 1 to 2 weeks' notice due to regular schedule obligations and obtaining the removal permit. Fees and Payment: Services would be provided on a unit cost basis in accordance with the tabulation below. As shown on the tabulation, the estimated total cost is $5,655 Unit QTY. ITEM DESCRIPTION UNIT COST AMOUNT Utility Clearance lump sum 1 Private Locator $400.00 $400.00 hour 3 Staking Borings and Access Recon $60.00 $180.00 trip 1 Vehicle Trip Charge $40.00 $40.00 Drilling Sevices lump sum 1 Drill Rig, mob/demob per day boring 4 Borings, 30 feet or refusal, including abandonment lump sum 1 MDH Permit and Processing _ump Sum 1 _ump Sum 1 lump sum 1 test 0 Piezometers 30-foot Piezometer: Permit, Mat'Is and Installation Annual and Sealing Permit, and Removal Laboratory Testing Moisture Content and Pocket Pen., lump sum Organic Content Engineering Services sum 1 Logging, Analysis and Report M I N N E S O T A I O W A $300.00 $300.00 $300.00 $1,200.00 $200.00 $200.00 $1,285.00 $1,285.00 $1,150.00 $1,150.00 $100.00 $100.00 $40.00 $800.00 $800.00 Total $5,655.00 W I S G O N S I N Monticello Block 52 Apri129, 2019 Page 4 of 5 An invoice for the initial work will be mailed to the client after the exploration is completed. Removal costs would be invoiced when that occurs. Payment for services is expected within 30 days. Interest will be added to invoices over 30 days. The services would be provided in accordance with CVT's attached General Conditions, which are a part of this contract. Rem arks We appreciate the opportunity to propose geotechnical engineering services to you on this project. Please feel free to call us at (507) 281-0968, if you have any questions or desire further information. Sincerely, Chosen Valley Testing, Inc. �� Hannah Fischer Graduate Engineer � ',� ,.�v � �.�....,_. _� �� . Colby T. Verdegan, PE PresidenUSenior Engineer M I N N E S O T A I O W A W I S G O N S I N Monticello Block 52 Authorization to Proceed Apri129, 2019 Page 5 of 5 Proposal for Design Phase Geotechnical Evaluation and Vibration Study Project: Proposed Monticello Block 52 Development SW Quadrant of River St E and Pine St. Monticello, Minnesota Prepared by: Chosen Valley Testing, Inc. Commencement of the above Project or Work Package, as outlined in the attached proposal document from Chosen Valley Testing, Inc., is hereby authorized. Authorizing Person(s): Signature Name / Title Date M I N N E S O T A I O W A W I S G O N S I N VVJ� May 1, 2019 Mr. Matt Leonard City Engineer / Public Works Director City of Monticello 505 Walnut Street Monticello, Minnesota 55362 Re: Proposal for: A Preliminary Geotechnical Evaluation Block 52 Redevelopment Preliminary Investigation Monticello, Minnesota Dear Mr. Leonard; Thank you for the opportunity to provide professional services for a preliminary geotechnical evaluation for the above referenced project. This lump sum fee proposal is in response to your RFP and information provided to us via email. In this proposal, we present a description of our understanding of the project, an outline of the scope of work we are to provide, and a fee schedule and estimate of charges for our services. It is our understanding that this project consists of a preliminary investigation of Block 52 before a private contractor buys the properties and develops upon them. We understand that a 5-story mixed use building is being considered, with underground parking and surface parking lots. A piezometer shall be installed during the site borings, and removed and sealed in June of 2020. The City of Monticello will be responsible for groundwater monitoring readings of the piezometer. We understand a preliminary geotechnical report shall be prepared with discussion on subsurface soil and groundwater conditions, estimated range of allowable bearing pressures, and a discussion of soils fur use as structural/site fill. A. Project Objectives Based upon our experience with similar projects the objectives of our geotechnical services are to perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, and prepare preliminary recommendations for foundations. � A piezometer will be installed at Boring PB-2 to monitor long term groundwater elevations at the � site. The piezometer will be monitored by the City of Monticello until June of 2020, when it shall be removed by WSB. This groundwater information can be included in a revised preliminary Q geotechnical report if requested. > x � ¢ 3 w H ¢ � 0 v � G:\Group Data�Materials\Muk�PROPOSAL - MARKETING�Monticello - Block 52�Monticello Block 52 - pro.docx City of Montrcello May 1, 2019 Page 2 B. Scope of Basic Services Based on our understanding of the project we proposed the following scope of services: 1. Site Access Based on a review of the information you provided, it appears that the site can be accessed with our CME-55 truck mounted auger drill. 2. Bore Hole Locating and Gopher State One Call WSB will stake and elevate the proposed bore hole locations with GPS technology. Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. WSB will also contact a private utility locator to clear utilities before drilling. WSB will take reasonable precautions to avoid underground facilities. 3. SubsurFace Test Borings We were requested to complete 4 standard penetration test borings to depths of 30 feet below grade. In the standard penetration test borings, we will sample and record blow counts at 2'h foot intervals to 15 foot depths and then at 5 foot intervals to the boreholes termination depth. At Boring PB-2, we will install a piezometer to a 30-foot depth within the lawn area of Block 52. It should be noted that a few feet of the piezometer will remain above ground. As this is located in a grass/lawn area outside of the ROW, we do not plan on installing guard posts around the piezometer. In Minnesota, a piezometer that is deeper than 15 feet and left in place longer than 72 hours is considered environmental well and requires Well Construction and Sealing Notification be submitted to the Minnesota Department of Health, along with a fee. After the piezometer is removed and grouted, a Sealing Record must be submitted. WSB will fill out the MDH notification and sealing record forms and sign on behalf of the owner unless directed otherwise. 4. Schedule, Bore Hole Samples and Laboratory Testing Based on our current drilling backlog, we anticipate that we can mobilize our truck mounted auger drill to the site in about 4 to 5 weeks from the time that written authorization is provided. Laboratory work and preliminary report preparation will take about 2 weeks following completion of the field work. The piezometer will be installed at the time the borings are completed, and a key to the lock provided to the City of Monticello. We understand the City of Monticello will monitor groundwater elevations and that the piezometer shall be removed by WSB in June of 2020. Our preliminary geotechnical report can be revised with the groundwater readings in 2020 if requested. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. Should our anticipated schedule change we will let you City of Montrcello May 1, 2019 Page 3 know. This estimate is based on work being completed during normal daylight business hours, Monday through Friday. Additional charges will apply to night or weekend drilling. Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged under the direction of a geotechnical engineer. Select samples will be set aside for laboratory testing. We may perform routine laboratory tests on selected soil samples obtained from the exploration. This may include determinations of natural moisture content and unconfined compressive strength with a calibrated penetrometer if cohesive soils are encountered and gradations on select sand samples from the borings. Such tests will aid in determining soil classification and properties and potential behavior characteristics to help guide our recommendations. 5. Preliminary Geotechnical Engineering Report Information gathered for this project will be used to prepare a preliminary geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and a general discussion of how they may affect the proposed construction of foundations, subsurface walls, slabs and pavements. The report will also provide preliminary recommendations for a range of allowable soil bearing pressure for footing design, along with estimates of ground water depths/elevations, and a discussion of soils for use as structural fill and site fill. We will provide you and any identified members of your design/project team with a PDF copy of our geotechnical report. If requested, we will also provide you with an original hard copy. This preliminary geotechnical proposal does not cover an environmental assessment of the site, or environmental testing of the soil or groundwater. If odors or environmental contamination are noted during the drilling process, they will be discussed in the preliminary report and recommendations for additional borings provided. 6. Fee Our lump sum fee is provided below. Services Estimated Cost 4 Standard Penetration Borings to about 30 foot depths, 1 $9,900.00 Piezometer to 30 feet, Removal of Piezometer in June 2020, Surveying Crew to GPS locate/elevate the borings, Mobilization/Demobilization, Project Management and Administration, Gopher State Utility Clearance, Soil Classification, Boring Logs, Laboratory Testing, Geotechnical Report, Consumables, Private Utility Locate LUMP SUM COST $9,900.00 If additional borings or deeper borings are needed, the increase in our fees will be in accordance with the rates previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly services. City of Montrcello May 1, 2019 Page 4 If you have any questions regarding our scope of services or how they may be modified to meet your project needs please feel free to give us a call to discuss. C. Closure This letter represents our complete understanding of the proposed scope of services. If you are in agreement with the scope of services, proposed fee and attached General Contract Provisions please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call me at (952) 737-4660 or email at mosborn@wsbeng.com. This fee proposal is valid for ninety (90) days from the creation date noted in the header. WSB may reissue a revised Proposal upon request if the indicated time period has lapsed. Should the scope of work change in nature or be expanded to include additional services, we reserve the right to renegotiate the fees with you. However, once we begin work on this project any counteroffers will not be accepted. WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. Sincerely, WSB .:�'�- �� Mark Osborn, PE Geotechnical Project Engineer Attach ments: WSB 2019 Rate Schedule WSB 2019 Geotechnical / CMT Rate Schedule WSB Exhibit A General Contract Provisions 11.01.16 ACCEPTED BY: Name (print) Signature _ Company _ Title Date � - Darin Hyatt, PE Senior Project Engineer 2 1 t� h� ul ��b . - . 'i��€ �.�,� $166-$185 4,�p��}�TE ; SR. RROJECT MANRUER SR. PRCiJEGT EfVGIfVEER $150-$185 PRO.JECT f�1ANAGER $132-$146 PRQJECT ENGINEER $1 16-$146 GaADUATE ENGINEER $88-$109 SR. L.ANDSCAPE RRCHITECT i SR. PLRfJNER SR. GIS SPECiRLIST $116-$146 LANDSCP�PE ARCHITECT PLANNER ; GIS SPF_CIALIST $69-$109 ENGINEEldI�JG SPEGIALIS7 SR. E�JVIRON�v1EN7AL SGIENTIST $99-$143 ENf;INEERING TECHNICIAN ' ENVIRC2NUIENTAL SGIERiTIST $57-$94 CONSTRUG7lON OBSERVER $93-$118 SURVEY One-Person Crew $145 Two-Person Crew $190 Three-Person Crew $205 OFFICE TECHNIGIFaIU $52-$92 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. Reimbursable expenses include costs asso- ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. Multiple rates illustrate the varying levels of experience within each category. Rate Schedule is adjusted annually. wsr��vc ��o�a� � � a � e� � � � . �� wsb GEOTECHNICAL CHARGES Two-Person Crew Performing Soil Borings and Rock Coring Per Hour $215 Two-Person Crew Travel Time, Utility Meets, Standby Per Hour $175 Drilling Rig Mileage Per Mile $1.35 Support Truck Mileage Per Mile $1.05 Semi-Tractor Transport Mileage Per Mile $2.20 Truck-Mounted Drilling Rig Per Hour $55 Track-Mounted Drilling Rig Per Hour $105 Trailer Rental (for transport of Track-Mounted Drilling Rig) Per Project $350 One-Person Traffic Control (Flagging) Per Hour $75 Two-Person Traffic Control (Flagging) Per Hour $150 Drilling Consumables Per Project Variable One-Person Pavement Coring Crew Per Hour $175 Two-Person Pavement Coring Crew Per Hour $265 CONSTRUCTION MATERIALS TESTING CHARGES SOILS Unified Soil Classification (ASTM D2487) Per Sample $15 Visual Soil Identification (ASTM D2488) Per Sample $15 Hand Penetrometer/Torvane Per Test $10 Water/Moisture Content (ASTM D2216) Per Test $15 Dry Density w/ Moisture (ASTM D7263) Per Test $40 Atterberg Limits, P.I. (ASTM D4318) Per Test $125 Liquid Limit or Plastic Limit Only Per Test $60 Shrinkage Limit (ASTM D427) Per Test $110 Sample Preparation (ASTM D421) Per Sample $25 Sieve Analysis w/#200 Wash (ASTM D422 & ASTM D1140) Per Test $165 #200 Wash Only (ASTM D1140) Per Test $65 Sieve Analysis w/Hydrometer (ASTM D422) Per Test $200 pH Determination (ASTM G51) PerTest $45 Specific Gravity (ASTM D854) Per Test $120 \NSBCNG.COM 1 t.?F 4 � Organic Content (ASTM D2974) Per Test $60 Topsoil Borrow (MnDOT 3877) Per Test $280 Electrical Resistivity, Miller Box (ASTM G57 or G187) Per Test $90 Unconfined Compression (ASTM D2166) Per Test $80 Proctor Sample Preparation — Cohesive Only Per Test $30 Standard Proctor (ASTM D698) Per Test $150 Modified Proctor (ASTM D1557) Per Test $175 Proctor — One Point Check Per Test $60 Permeability — Falling Head (ASTM D3385) Per Test $230 Consolidation — Up to 32 TSF (ASTM D2435) Per Test $550 Sand Equivalent (ASTM D2419) Per Test $200 Static Cone Penetrometer (ASTM D3441) Per Test $30 Dynamic Cone Penetrometer (MnDOT Modified) Per Test $45 Nuclear Density Gauge (ASTM D6938) Per Test $16 Sand Cone Density (ASTM D1556) Per Test $25 Double Ring Infiltrometer Rental (ASTM D3385) Per Day $250 Wenner Probe Rental (ASTM G57) Per Day $200 AGGREGATES Reducing Sample (ASTM C702) Per Sample $20 Moisture Content (ASTM C566) Per Test $15 Sieve Analysis (ASTM C136) Per Test $100 Sieve Analysis w/#200 (ASTM C136 & ASTM C117) Per Test $150 #200 Wash Only (ASTM C117) Per Test $65 Clay Lumps & Friable (ASTM C142) Per Test $100 Organic Impurities (ASTM C40) Per Test $60 Specific Gravity & Absorption (ASTM C127 or ASTM C128) "' Per Test $110 Lightweight Particles (ASTM C123) "' Per Test $130 Unit Weight (ASTM C29) Per Test $65 Abrasion — Los Angeles Rattler (ASTM 131 or ASTM C535) "' Per Test $120 Percent Crushing (ASTM D5821) "' Per Test $75 Flat & Elongated (ASTM D4791) "' Per Test $85 \NSBCNG.COM 2 t.?F 4 � Fine Aggregate Angularity (ASTM C1252) "' Per Test $75 Total Spall — Visual (MnDOT 1209) "' Per Test $175 Insoluble Residue (ASTM D3042) "' Per Test $240 Soundness (ASTM C88) "' Per Test $250 CONCRETE Cylinder Molds Per Mold $2.50 Preparation of Cylinder Ends Per Cylinder $15 Compressive Strength — Cylinders (ASTM C39) Per Cylinder $30 Compressive Strength — Mortar Cubes (ASTM C109) Per Cube $30 Compressive Strength — Grout Prism (ASTM C1019) Per Prism $60 Compressive Strength — Masonry Prisms (ASTM C1314) Per Prism $200 Compressive Strength — CMU Block (ASTM C140) Per Block $160 Flexural Strength — Beams (ASTM C78) Per Beam $100 Compressive Strength — Concrete Cores (ASTM C42) Per Core $80 Floor Flatness & Levelness Rental (ASTM E1155) Per Day $250 Schmidt Rebound Hammer Rental (ASTM C805) Per Day $40 Pullout Strength Rental (ASTM C900) Per Day $250 Ground Penetrating Radar Rental (ASTM D6432) Per Hour $70 BITUMINOUS Pavement Density & Thickness (ASTM D2726) Per Core $45 Core Thickness (ASTM D2726) Per Core $15 Saw Trimming of Core Lifts Per Core $20 Asphalt Content — Centrifuge or Ignition (MnDOT 1852) Per Test $150 Extracted Gradation (MnDOT 1852) Per Test $75 Rice Specific Gravity (ASTM D2041) Per Test $85 Gyratory Gravity Only (AASHTO T312) Per Test $200 MnDOT Gyratory Mix Properties Per Test $540 Nuclear Density Gauge (ASTM D2590) Per Test $16 FIRE PROOFING Sprayed Fire Materials Pull Test (ASTM E736) Per Test $65 Sprayed Fire Materials Thickness & Density (ASTM E605) Per Test $70 \NSBCNG.COM 3 t.?F 4 � TRIP CHARGES Roundtrip Mileage 1— 10 Miles Per Trip $0 Roundtrip Mileage 11 — 20 Miles Per Trip $20 Roundtrip Mileage 21 — 35 Miles Per Trip $30 Roundtrip Mileage 36 — 50 Miles Per Trip $40 Roundtrip Mileage 51 — 65 Miles Per Trip $50 Roundtrip Mileage 66 — 80 Miles Per Trip $60 Roundtrip Mileage 81 — 95 Miles Per Trip $70 Roundtrip Mileage 96 — 110 Miles Per Trip $80 Roundtrip Mileage 111 — 125 Miles Per Trip $90 Roundtrip Mileage 126+ Miles Per Trip $100 " = Sieve Analysis w/#200 Required Rate Schedule is adjusted annually ' Mileage calculated as Roundtrip Mileage from Burnsville or Rochester Laboratory bneSt3=.t`JG.CGNI 4 Qf� 4 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1— PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 — ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 — SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client's contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant's control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 — CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors' means, methods, or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5— OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost Exhibit A— General Contract Provisions 11.01.16 Page 1 of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6— REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client's risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant's written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 — PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. Exhibit A— General Contract Provisions 11.01.16 Page 2 ARTICLE 8— SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant's certification for payment shall constitute a representation to the Client, that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client's contractor. ARTICLE 9 — HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant's services to be provided under this Agreement. ARTICLE 10 — INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 — TERMINATION OR SUSPENSION If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days' written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, Exhibit A— General Contract Provisions 11.01.16 Page 3 prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 — INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the e�ent caused by the Consultant's negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client's negligence or willful misconduct. ARTICLE 13 — WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14 — WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors. ARTICLE 15 — ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 — CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 — CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with properjurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. Exhibit A— General Contract Provisions 11.01.16 Page 4 ARTICLE 18 — AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client's Claims under the terms and conditions of the Consultant's professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant's provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant's liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19 — CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the state of Minnesota. ARTICLE 20 — LOCATION OF UNDERGROUNDIMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit A— General Contract Provisions 11.01.16 Page 5 r'��[EI�1C,�1 EiYG[1EF,�I�G TESTII�G, I!iC. May 2, 2019 City of Monticello Economic Development Authority 505 Walnut Street Monticello, Minnesota 55362 Attn: Matt Leonard, PE City Engineer Re: Proposal for Preliminary Geotechnical Exploration Block 52 Soil Borings NWQ West Broadway Street and Pine Street Monticello, Minnesota AET Proposal No. 01-20463 Dear Mr. Leonard: American Engineering Testing (AET) is pleased to submit a proposal to the City of Monticello for geotechnical services for this project. In this proposal, we present our understanding of the project, an outline of the scope of services we are to provide and an estimate of charges for our services. PROJECT INFORMATION We understand you are proposing to develop a previously developed lot of land, known as Block 52, and would like to know more about the soils present and the groundwater levels. Part of the redevelopment plan could include a maximum 5-story residential/mixed-use building, with underground parking, and/or parking lots. Block 52 is located between West Broadway Street, Walnut Street, River Street West, and Pine Street. SCOPE OF SERVICES Field Exploration Based on our discussions you have proposed the following scope of services. • Arrange clearance of underground public utilities. • Stake the borings based on drawings provided and determine surface elevations and latitude-longitude for as-drilled boring locations using a GPS. • Perform four standard penetration test (SPT) borings to a depth of 30 feet each. • Install a piezometer at Boring PB-2 to a depth of 30 feet. We understand that the City of Monticello will complete groundwater readings. • Remove the piezometer in June of 2020. 550 Cleveland Avenue North �St. Paul, MN 55114 hone 651-659-9001IToll Free 800-972�364IFax 651-659-1379Iwww.amengtest.comlAA/EEO �� This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. City of Monticello AET Proposal No 01-20463 May 2, 2019 Page 2 of 5 The piezometer may not be necessary to understand groundwater trends at this project site based on the proximity of the river and generally sandy soils in the area. We have provided fees associated with the piezometer as a separate line item. We will drill the borings using hollow stem augers or by rotary mud drilling, and sampling by the split-barrel method (ASTM D1586). Our crew will keep field logs noting the methods of drilling and sampling, the Standard Penetration Values (N-values, "blows per foot"), preliminary soil classification, and observed groundwater levels. After augering through surface materials and recording the thickness of observed surface materials, we will collect samples at 2'/z-foot intervals to 15 feet, then at 5-foot intervals to the planned boring termination depths. Representative portions of recovered samples will be sealed in jars to prevent moisture loss and submitted to our laboratory for review, testing and final classification. We will bacl�ill the boreholes to comply with State requirements. Borings drilled in paved areas will be patched with cold-mix asphalt. Even after backfilling, some sloughing of the backfill may occur, resulting in a potential tripping hazard to pedestrians. We assume you will bacl�ill and repair any boreholes that may slough after our exploration is complete. AET cannot accept any liability associated with pedestrian injury. We assume that the site is readily accessible for our truck drilling rig. Accessing the boring locations may leave ruts in the ground. We assume The City of Monticello or the owner will perform any site restoration work. We have not included a fee for site restoration in our cost estimate. tlnderground tltilities Before we drill, we will contact Gopher State One Call to locate public underground utilities. Gopher State One Call does not currently charge for this service, but they will not locate private underground utilities or structures. Examples of private utilities include, but are not limited to, propane lines, sewer laterals, sprinkler systems, site lighting, and electric and data lines between buildings. Gopher State One Call indicates that the property owner is responsible for locating all private underground utilities and structures. We request that you please coordinate this activity with the owner and AET prior to AET beginning any subsurface exploration. Also, please provide us with any maps, plans and records showing the location of all private utilities and structures. We can provide you with names and contact information for private utility locators. These companies usually charge a fee for their services. Also, please note that private locators cannot guarantee that all private utilities will be located. For the private locator to be accurate and effective, the property owner must provide maps, plans and records showing the location of all private utilities and structures. The property owner must also provide a knowledgeable site representative to meet with the private locator and AET personnel. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. We will not be responsible for any damages to underground utilities or structures not located or incorrectly identified by the property owner, any maps, plans or records, or public or private utility City of Monticello AET Proposal No 01-20463 May 2, 2019 Page 3 of 5 locator providers. Laboratory Testing We will initiate routine laboratory testing by reviewing each recovered soil sample to assess the major and minor soil components, while also noting the color, degree of saturation, and lenses or seams in the samples. On completion of testing, we will visually/manually classify each sample on the basis of texture and plasticity in accordance with the Unified Soil Classification System and prepare the boring logs. Report Upon completion of the drilling and laboratory testing, we will prepare a preliminary geotechnical report describing the soil and groundwater conditions encountered, potential for reuse of on-site soils, construction considerations based on observed conditions, and possible foundation types as well as allowable bearing pressures. FEES Our fees for the scope of services described above will be charged on a lump sum basis. Drilling 4 SPT borings, laboratory testing, and preliminary report preparation $5,300 Piezometer Installation and Removal $2,400 Total $7,700 In the event the scope of our services needs to be revised (for example, additional or deeper borings, or additional field or laboratory testing), we will review such scope adjustments and the associated fees with you, and receive your approval before proceeding. SCHEDULE At the time of proposing, we would be able to drill within about three weeks. We will provide a drilling placeholder upon project authorization. A report can be issued within one week of completion of laboratory testing, or within about 2 weeks of drilling completion. MINNESOTA DEPARTMENT OF HEALTH FEES Effective July 1, 2017, the Minnesota Department of Health (MDH) has changed the borehole sealing and notification requirements. For sites where borings are drilled to a depth of 15 feet or deeper, all licensed drilling companies are required by law to submit written notification to the MDH prior to drilling along with a fee of $75. If one or more of the boring depths vary by 25 feet, or more, the MDH requires an additional written notification and fee of $75 per boring. Projects that span multiple properties will require multiple notifications. The MDH also requires that these borings be grouted and that a Sealing Record be submitted to the 1VIDH, with a copy to you, after the borings are completed. The above fee estimate for our geotechnical services includes the MDH fee for the proposed scope of drilling; however, because final boring depths can change, for example, due to possible unanticipated poor soil conditions, the final MDH fee (including an City of Monticello AET Proposal No 01-20463 May 2, 2019 Page 4 of 5 administrative charge of $65 per notification) will be added, if necessary, to our final invoice to you. The MDH Sealing Record requires the Property Owner name and mailing address (the Property Owner will also receive a copy of the Sealing Record). Please provide this information below. This information is required before we drill. Property Owner's name/company name: Property Owner's mailing address: ENVIRONMENTAL CONCERNS This proposal is presented for engineering services to evaluate the structural properties of the soil at the specified site. This proposal does not cover an environmental assessment of the site or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed "Environmental/Geotechnical Service Agreement—Terms and Conditions," which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. AET appreciates the opportunity to provide this service for you and looks forward to working with you on this proj ect. If you have questions or need additional information, please contact us. City of Monticello AET Proposal No O 1-20463 May 2, 2019 Page 5 of 5 Sincerely, American Engineering Testing, Inc. � �a Kat erine E. Zadro y, P Geotechnical Engineer 651-789-4674 lczadrozny@amengtest. com Attaclunents: Service Agreement (4 pgs.) Signattue: � Jay P. Breldce, PE Senior Engineer AET PROPOSAL No.: 01-20463 ACCEPTANCE AND AUTHORIZATION Typed/Printed Naine: Title: Company: Date: ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 SECTION 1- RESPONSIBILITIES 1_1 - This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the ,4sreement, but the followins actions shall also constitute Client's acceptance of the Asreement: 1) issuins an authorizins purchase order, task order or service order for anv of the Services. 2) authorizins AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1_2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project-related questions by AET. 1_3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1_4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1_5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7 — Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of ClienYs alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1_8 - The AET proposal accompanying these terms and conditions is valid for ninety (90) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary. SECTION 2- SITE ACCESS AND RESTORATION 2_1- Client will furnish AET safe and legal site access. 2_2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3- UNDERGROUND UTILITIES AND STRUCTURES (FACILITIES) 3_1 - AET's sole responsibility under this section will be to contact the state "call before you dig" notification center (e.g. Gopher State One Call in Minnesota), if such an entity exists, for location information of public utilities only. AET shall have no obligation to proceed with the work until Client has fully complied with all the requirements of this Section 3. 3.2 - Client will mark or cause to be marked the location of all other Facilities that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3_3 - Client acknowledges that location data may be incorrect or that some Facilities may not be capable of location and Client fully accepts this risk and waives any claims against AET for incorrect locations or Facilities incapable of location._ 3_4 - Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilitiesthat are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. SECTION 4 - CONTAMINATION 4_1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4_2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5_1- Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 5_2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. ACS417EG (01/19) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 SECTION 6—SAMPLES 6_1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 6_2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8- STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. ��X��[�7►E'�1►F�11:7�1►[�lq AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 9_1— AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional/Pollution Liability Insurance Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,000 per claim $1,000,000 aggregate 9_2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET's services, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9_3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 9_4 - Professional Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after completion of AET's services. Renewal policies during this period shall maintain the same retroactive date. 9_5 - To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 9_6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 9_7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11- PAYMENT. INTEREST. AND BREACH 11.1- Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2— Invoices remaining unpaid for sixty (60) days shall constitute a material breach ofthis Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. ACS417EG (01/19) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 11.3 — AET reserves the right to secure any unpaid invoice utilizing available remedies at law. AET explicitly reserves its' Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 12 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client if AET's fees are approaching the proposal amount and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for services ordered under this agreement. Approval of a change order may be in writing or by electronic communication. SECTION 13 - MEDIATION 13.1 - Except for enforcement of AET's rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of inechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14- LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 11 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 15 - MUTUAL INDEMNIFICATION 15.1- Subject to the limitations contained in Sections 13 and 14, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 15.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 15.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed, the Client shall include AET as a beneficiary. 15.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 16 - NON-SOLICITATION Each party to this Agreement (a "Party") agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been term inated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees ofthe other Partywho contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 17 - MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specificallysetforth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other's officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the services provided by AET under this Service Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Service Agreement in accordance with the provisions of the Service Agreement and related Documents and shall survive any such termination. SECTION 18 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET's officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or ClienYs employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney's fees and costs) arising out of, resulting from or in any way related to services provided byAET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty and shall not exceed the total compensation in excess of costs received by AET for services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. ACS417EG (01/19) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 SECTION 19—UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint-venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION 20 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, AppendixA to Subpart A. The regulation also has a"flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. ��X��[�7►i��:7��i11►/��[�7► After 7 days' written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the file. SECTION 22 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 23 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 24- ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of inethod of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS417EG (01/19) AMERICAN ENGINEERING TESTING, INC. B RA�11�1 I�J�ERTE� The Science You Build On. May 2, 2019 Mr. Jim Thares City of Monticello 505 Walnut Street, Suite 1 Monticello, MN Braun Intertec Corporation Phone: 320.253.9940 3900 Roosevelt Road, Suite 113 Fax: 320.253.3054 Saint Cloud, MN 56301 Web: braunintertec.com Re: Proposal for a Preliminary Geotechnical Evaluation Proposed Block 52 Redevelopment Monticello, Minnesota Dear Mr. Thares: ProposalQTB099163 Braun Intertec Corporation respectfully submits this proposal to complete a preliminary geotechnical evaluation for the proposed Block 52 Redevelopment project. Our Understanding of Project Per the Request of Proposal provided by the City of Monticello and previous discussion with you regarding project, we understand the City of Monticello Economic Development Authority (EDA) is proposing to redevelop Block 52 located in the northwest corner of the intersection of West Broadway Street and State Highway 25. Preliminary considerations for the redevelopment of the site include residential and/or mixed use buildings with a maximum height of five stories, underground parking structures, and paved parking lots. Purpose The purpose of our preliminary geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations and evaluate their potential impact on the design and construction for the proposed development. We will also install one piezometer for the City of Monticello to monitor groundwater levels at the selected site location. Scope of Services The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen conditions are encountered at any point during the completion of the tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming work. Environmental Well Notification This proposal contains provisions for characterizing subsurface conditions to depths of 15 feet or deeper. Auger borings advanced to such depths, whether instrumented for monitoring or not, are considered environmental wells by the Minnesota Department of Health (MDH), and need to be made known as such to the MDH before they are completed. This requires that applicable MDH notification forms be signed by the well owner, or representative/agent, and returned to us. Braun /ntertec cannot mobilize equipment and City of Monticello ProposalQTB099163 May 2, 2019 Page 2 crews until an MDH notification form has been signed and submitted. An MDH notification form is attached for this purpose. Site Access, Staking and Utility Clearance Drilling services will be performed by Braun Intertec Drilling, LLC, a subsidiary of Braun Intertec Corporation. Based on the aerial photograph provided in the Request for Proposal, it appears that the site is accessible to a truck-mounted drill rig. We will stake prospective subsurface exploration locations and obtain surface elevations at those locations using GPS (Global Positioning System) technology. For purposes of linking the GPS data to an appropriate reference, we request that you provide CAD files indicating location/elevation references appropriate for this project, or give us contact information for the consultant that might have such information. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification to the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You, or your authorized representative, are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. We've included a cost for a private locating company to assist in physically marking these facilities. Penetration Test Borings As requested, we will drill four standard penetration test borings, extending them each to a depth of 30 feet. Standard penetration tests will be performed at 2 1/2-foot vertical intervals to a depth of about 15 feet, and at 5-foot intervals at greater depths. If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the boring logs. If existing fill, organic materials or other structurally unfavorable soils are not penetrated above the intended boring termination depths, we will extend the borings to obtain at least 5 feet of penetration into more competent materials at greater depths. The additional information will help evaluate such issues as excavation depth, consolidation settlement, and foundation alternatives, among others. If deeper borings (or additional borings) are needed, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Piezometer Installation As requested, we will install a piezometer within the boring at location PB-2. The piezometer will be installed with a bottom depth of 30 feet. The screen length will be 10 feet, and the well casing diameter will be 2 inches. The casing and screen will be schedule 40, installed with a sand pack and bentonite seal. A protective casing will be installed over the piezometer with a locking cap. B�auN INTERTEC City of Monticello ProposalQTB099163 May 2, 2019 Page 3 Borehole Abandonment Minnesota Well Code requires that environmental wells that are 15 feet deep or deeper be sealed. Based on the requested subsurface characterization depths, we will seal 120 linear feet of borehole with grout and prepare associated sealing records which must also be submitted to the MDH. Fees associated with the sealing are included in our lump sum cost. Upon sealing boreholes, we will fill holes in pavements with a temporary patch. Sealing with grout as directed by the MDH will prevent us from disposing of auger boring cuttings in the completed boreholes. Unless otherwise directed, we intend to thin-spread the cuttings around the boreholes. If cuttings cannot be thin-spread, they will be containerized and left on site. Off-site disposal of the cuttings can be performed for an additional fee. Over time, subsidence of borehole backfill may occur, requiring surface grades to be re-leveled or bituminous or concrete patches to be replaced. Braun Intertec is not assuming responsibility for re- leveling or re-patching subsequent to initial backfilling and patching long term. Piezometer Removal We understand piezometer removal will be required in June of 2020. As such, our costs include an additional mobilization by our truck-mounted drill rig to remove and seal the piezometer. Borehole abandonment and sealing of this location will follow the requirement stated above. Sample Review and Laboratory Testing Recovered samples will be returned to our laboratory, where they will be visually classified and logged by a geotechnical engineer. To help classifythe materials encountered and estimate their engineering properties necessary to our analyses, we have budgeted to perform the following laboratory tests: ■ (4) Moisture content tests (ASTM D2216) — intended to aid in classification, evaluation of moisture condition, and estimation of engineering parameters. ■ (4) Percent passing the #200 sieve tests — intended to aid in classification and to determine the percentage of silt/clay-sized (fines) particles. Reporting Data obtained from the borings and laboratory tests will be used to evaluate the subsurface profile and groundwater conditions, perform engineering analyses related to structure design and performance and prepare a report, including: ■ A CAD sketch showing project components, limits, and exploration locations. ■ Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. ■ A summary of the subsurface profile and groundwater conditions. B�auN INTERTEC City of Monticello ProposalQTB099163 May 2, 2019 Page 4 ■ Discussion identifying the site conditions that will impact structure design and performance, qualifying the nature of their impact, and outlining alternatives for mitigating their impact. Discussion regarding the reuse of on-site materials during construction and the impact of groundwater on construction. Discussion regarding the suitability of the site for spread footing design, below grade spaces and surface parking. Only an electronic copy of our preliminary report will be submitted to you unless you request otherwise. At your request, the report can also be sent to additional project team members. COSt We will furnish the services described in this proposal for a lump sum fee of $7,210. A summary of our costs is provided in the table below: Service Cost GPS Staking and Utility Clearance $890 Drilling Services 3,075 Laboratory Testing 360 Engineering and Report 1,680 Piezometer Removal 1,205 Total $7,210 Schedule We anticipate the field exploration can begin within approximately two weeks of written authorization; the field exploration will take one day to complete. Sample classification, laboratory testing, engineering analyses and report preparation will likely take an additional two weeks. We will pass along results, however, as they are obtained and reviewed. If our proposed scope of services cannot be completed according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. B�auN INTERTEC City of Monticello ProposalQTB099163 May 2, 2019 Page 5 We appreciate the opportunity to present this proposal to you. Plepse sign pnd return p copy to us in its entirety. The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please call Brett at 320.428.8578 (bgruber@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION > -� �� .. _ .— � � .,�'�� - � /',� `� _ Brett P. Gruber Associate Principal / Project Man�ger f�- ,�� . �� . � __ _ � ,�� _�}`' � . �: _ Steven A. Thayer, PE Associate Principal / Senior Engineer Attachments: MDH Notification Form General Conditions (1/1/18) c: Mr. Matt Leonard, PE, City Engineer, City of Monticello Mr. Jacob Thunander, Community and Economic Development Coordinator, City of Monticello The proposal is accepted, and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date B�auN INTERTEC s Rau � I�J�ERTE� The Science You Build On. May 2, 2019 Mr. Jim Thares City of Monticello 505 Walnut Street, Suite 1 Monticello, MN Braun Intertec Corporation Phone: 320.253.9940 3900 Roosevelt Road, Suite 113 Fax: 320.253.3054 Saint Cloud, MN 56301 Web: braunintertec.com Re: Minnesota Department of Health Well Sealing Notification Form Proposed Block 52 Redevelopment Monticello, Minnesota Dear Mr. Thares: ProposalQTB099163 Please have the property owner, representative or agent complete the "Well Owner" section only of the Minnesota Department of Health (MDH) Well Sealing Notification form below and return it to Braun Intertec along with the signed proposal. We will complete the remainder of the form and submit it to the MDH. NOTE: This form must be completed and returned to Braun /ntertec prior to us scheduling the mobilization of our equipment and crews to the projectsite. WE�.0 SEALING NOTIFICATION-W�LL SEALING NOTIFICATION IS VALID FOR 18 MONTMS Send noti#ication form and payment (check, money order, or credit card information) to: Minnesota Qeparlmeni ot Health, Well Manaqement Seclion, P.O. 6ox fi4502, St. Paul, Minnesota 551fi4-95D2. ATTN: CASHIER Well Management 5ection Fax Number: {651 j 201-4599. I. . Well Secal4ng N9tification (269M C#ieck Box If�. [ � Well is Multiple Cased Card Number Check Well Typo, E] Lar�er than 6-inch Inside Diameter — � I Wa�erSupply W�;II � � Monitorir�g Well � � Other_ _ Authorized Sic�naWre, �Caunty �Towr�ship Name Townshfp No. WELL LOCATION Well Location Address Well Owner Name (Pri WELL 4Vell Owner St�eet Adc OW N ER City Minnesota UniquQ Well Na. or W-senes No- �leave hlank if nol known) Minnesoka Well and Boring Sealing No. H Card Type: �! Visa r 1 Mas�ercard � � Discover Exp. Da6e Print Cardholde� Name Range No. Section N Sta�e Zip I�ayEi I City 3-Digil Securily Code (printed on baCk 5.ide al cartl.) _ o. Frac�'von (sm. � Ig.) Y. ! `I� Code EsL 6epih Casing Diameter me Telepl�one Number ) State Z�R Code Daie WELL W�II Contractor Company Name (Print} Certified Rep. Signature Data Company L€cense Nc CONTRkCTpR grC�i.In IC-IL�rL�C COrporal,lOC-) ��L� Failure to provide proper identification and tee prior to the beginninc� of well sealing is a vialation ot Minnesota Statutes, Chap9er 1031, and may resulk in the assessment of �n administra�ive penalty. Noti�ir,ation is not required tc� sea4 a borinq. General Conditions Section 1: Agreement 1.1 Our agreement with you consists ofthese General Conditions and the accompanying written proposal or authorization ("AgreemenY'). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "ou�" include officers, employees, and subcontractors. 13 In the event you use a purchase order or other documentation to authorize our scope of work ("Services"), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate usforfees earned and expenses incurred uptothe time oftermination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, ourfindings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In perForming our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perForm, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the perFormance or quality of Services. 23 We will reference ourfield observations and sampling to available reference points, but we will not survey, set, or checkthe accuracy ofthose points unless we accept that duty in writing. Locations of field observations or sampling described in our report orshown on oursketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative ofthings not sampled orseen and furtherthat site conditions may vary over distance or change overtime. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible forthe failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you orto others 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the perFormance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 33 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liabilityto you orto others, and you will compensate us forfees earned and expenses incurred up to the time of termination. sRauN INTERTEC 3.5 Neitherthis Agreement northe providing of Services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning ofthe Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsiblefortheir permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only forthe related project and forthe purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 43 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Samples and field data remaining aftertests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days ofthe report date you give us written direction to store or transferthe materials at your expense. 4.5 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store ortransfer the materials at your expense. GC Page 1 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our perFormance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 53 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless thethird party is creditworthy (in oursole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, yoursuccessful completion ofany project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with ourSchedule of Charges ifwe are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions orthe scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may considerthe default a total breach of this Agreement and, at our option, terminate our duties without liability to you orto others, and you will compensate us forfees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement neither party hereto shall be responsible or held liable to the other for punitive, indirect incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output or business interruption. 63 You and we agree that any action in relation to an alleged breach of our standard of care orthis Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one yeartime period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunityto investigateandto recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days priorto the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liabilityforsuch allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that within 10 days of the date of this Agreement you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract tort statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state orfederal courts for that state. Each of us waives trial byjury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists underanyworkercompensation law. 73 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 83 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claimsto anythird person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate usforfees earned for perFormance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on perFormance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. GC Revised 1/1/2018 Page 2 of 2 Request for Proposal (RFP) Block 52 Soil Borings Block 52, Monticello, Minnesota April 17, 2019 This Request for Proposal (RFP) is for soil borings, groundwater depths, and preliminary site recommendations for portions of Block 52 (see attached map). The site is being considered for redevelopment to potentially include a maximum 5-story residential / mixed use building(s), underground parking, and parking lots. The City of Monticello Economic Development Authority (EDA) would like to request four (4) standard penetration soil borings to depths of 30 feet each as noted on the attached site map. At Boring PB-2, a piezometer shall be installed for monitoring of groundwater depth up until the time of construction. The City of Monticello staff will complete groundwater monitoring readings. The proposal shall include a cost to visit the site in June of 2020 to remove and seal the piezometer. The drilling company will be responsible for calling the Gopher State One Call and for private locates on the proposed sites. The drilling company shall follow all Minnesota Department of Health regulations for drilling and sealing the borings. The City will secure access to the sites from the property owners. Proposals should include the proposed cost and schedule for the geotechnical investigation and preliminary geotechnical report. The preliminary geotechnical report shall include the borings logs, a discussion on subsurface soil and groundwater conditions and how they may affect construction of foundations, subsurface walls, slabs and pavements. The report should also provide an estimated range of allowable bearing pressure for footing design, discussion of shallow and/or deep foundations, and a discussion of soils for use as structural/site fill. A PDF of the preliminary report shall be emailed to the City. Boring elevations shall be located and elevated via surveying Global Positioning System (GPS). The RFP does not include a request for environmental drilling, however; if odors or environmental contamination are encountered during the drilling process this information should be noted on the boring logs and within the preliminary geotechnical report. The deadline for submittal of Block 52 Soil Boring RFPs is Thursday, May 2, 2019 at 4:00 p.m. Questions about the RFP or the general boring site can be directed to: Matt Leonard, City Engineer, phone 763-271-3271; email matt.leonard(a�ci.monticello.mn.us and/or Jim Thares, Economic Development Manager, phone 763-271-3254; email jim.thares@ci.monticello.mn.us. ��f�I�c�C�+� � ��i 1��1`f�i � � Own�ng Gha!l�enges. INinning Trust. PROPOSAL FOR PROFESSIONAL SERVICES Block 52 Soil Borings Block 52 Monticello, Minnesota Prepared For: Mr. Matt Leonard City Engineer City of Monticello Monticello, MN Mr. Jim Thares Economic Development Manager City of Monticello EDA Monticello, MN Pinnacle Proposal Number: EM20191368 Date: May 2, 2019 11541 95t" Avenue North Minneapolis, MN 55369 Phone: 763-315-4501 • 800-366-3406 Offices in Minneapolis, MN • Rochester, MN Omaha, NE • Wilton, ND P%n�a �c�e� �i��r�t�e��tc� Qwnrng Challenges. Wrnning Trust May 2, 2019 Mr. Jim Thares Economic Development Manager City of Monticello EDA Monticello, MN MI�J�JEAP�LIS, MN ��.�is.��ai „��, ��t� �� . Minnea�pali�, MN 5�3�9 RE: Proposal of Professional Services — Block 52 Soil Borings Block 52, Monticello, Minnesota Pinnacle Project No.: EM20191368 Dear Mr. Thares: Pinnacle Engineering, Inc. (Pinnacle) is pleased to present the Monticello Economic Developmant Authority (EDA) this proposal for professional services to complete the Block 52 Soil Borings in Monticello, Minnesota (Site). The work will be completed in accordance with the Request For Proposal (RFP) dated April 17, 2019. Site Description Based on Item 8-Exhibit B of the RFP (Proposed Soil Boring Locations) the Site currently consists of paved parking lots and two commercial structures on approximately eight separate parcels. We understand that the Site may be redeveloped, and questions about the water table have been raised in early discussions with developers who are looking at potential redevelopment in Block 52, (specifically as it relates to the potential for an underground parking structure). Scope of Proposed Services — Geotechnical Exploration & Enqineer's Report Pinnacle, partnering with Haugo GeoTechnical Services, will perform the following scope of work, per the RFP dated April 17, 2019: • Clear public utilities with Minnesota One Call service to locate public utilities. A private utility locator will also be retained to locate private utility lines on the interior of the block. 11541 95t'' Avenue North, Minneapolis, MN 55369 • www.pinenq.com Phone: 800-366-3406 • 763-315-4501 • 24 Hour Emergency Response: 866-658-8883 Offices in Minneapolis, MN • Rochester, MN • Omaha, NE • Wilton, ND Mr. Jim Thares Monticello EDA — Block 52 Pinnacle Project No. EM20191368 May 2, 2019 • Advance four hollow stem auger (HSA) soil borings (PB-1 through PB-4) to nominal depths of 30 feet below the ground surface (BGS). The soil boring locations will be in the approximate locations shown on Item 8, Exhibit B (attached). Final boring locations may be modified based on accessability and the presence of buried/overaged utilities. • Install a piezometer at one of the soil boring locations (PB-2) and seal it in June 2020. The piezometer will be constructed in accordance with Minnesota Department of Health (MDH) requirements. We understand that the City of Monticello staff will complete groundwater monitoring readings. • Seal the soil borings in accordance with Minnesota Department of Health (MDH) requirements. • Install bollards at piezometer location. • GPS the soil boring locations and elevations. • Visually classify samples recovered from the soil borings. • Perform up to (4) moisture content tests and up to (4) P-200 tests on selected samples. • Prepare soil boring logs describing the soil types/classifications and results of water level measurements. • If applicable, the boring logs will include notations where odors or evidence of environmental contamination are encountered during the drilling process. • Prepare a preliminary geotechnical engineering report summarizing the current soil condition and recommendations for site development. Timeline for Proposed Services The proposed geotechnical exploration field work would take approximately one to two days to complete. The Engineer's report is anticipated to take approximately two weeks to complete following the drilling. Cost of Proposed Services Pinnacle will complete the scope of work in the RFP, as described above, for an estimated total cost of $10,700. The Monticello EDA will not be billed for an amount exceeding the total cost set forth in this proposal without EDA's prior approval. In addition, EDA will not be billed for time and materials not used in completing the scope of work described above. Mr. Jim Thares Monticello EDA — Block 52 Pinnacle Project No. EM20191368 May 2, 2019 Closina To accept this Proposal, please provide written notice to proceed. If the Proposal does not address all of EDA's needs, please contact us to discuss areas of concern and permit us to provide an updated Proposal to address those. PINNACLE ENGINEERING, INC. By� :��L��- ��.�.� Lyndsey Howard Director - Environmental Services Attachments: Proposed Soil Boring Locations � _ .� .�.,�� Yl ;'�..�,..{ � � ..�`, �`�� s 4. � •k � ��jr�iI� Jt�� .� \ �f �-.�' i � f ��,'A ��` f � � � ' � � � � �_� a� f ; ' r �1 ` .� ��` I �' r � "yJ �� -�` . ,k� '� �j, % �. �#, , R ?�: .�� - ' 'i' =` • ��-�, � � � � / r: �i� i .:,�'''� , March 22, 2oig �, � i �e' Jjs r"' yr � �,,�'; v.•. • � � � R. 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' ► City Boundary �� aTv oF ��` Monticello Bryan Pittman i inch = 94 feet Map Powered by DataLink from WSB &Associates EDA: OS/08/19 6. Consideration of Authorizin� Ne�otiations for Lease of EDA Owned Propertv (JT) A. REFERENCE AND BACKGROUND: Staff is asking the EDA to consider authorizing negotiations for the lease of EDA owned property located along 7th Street West. The upcoming I-94 improvement proj ect is generating interest in sites related to temporary construction staging activities by various contractors and possibly even MN-DOT. Several properties located in or near the City of Monticello have been identified as being potential sites construction related activities. The EDA site is 16.71 acres. While the majority of the site is vacant, a portion of it is currently being used by the City Public Works Department for storing black dirt and sand. It is believed that Public Works would be able to continue its current usage with- out interference from the potential contractor use proposal. City staff plan to reach out to the contractor(s) to get answers about key questions related to intended use, length of project-need for site, hours of operation, traffic impacts, noise and dust emissions, lighting plans, site safety and security, etc. The EDA is being asked to allow staff to pursue discussion-negotiation of a potential lease for the property with the contractor(s) while a parallel research and dialogue track occurs regarding the specific usage plans. The site is zoned R-3, Medium Density Residence District. The Zoning Ordinance does not currently allow temporary construction uses in the R-3 District. An ordinance amendment to expand such uses to the R-3 as an IUP (Interim Use Permit) would be required. An IUP would also require a public hearing before the Planning Commission and would place conditions as warranted on the end user regarding level of traffic, hours of operation, etc. The IUP would expire as a valid use permit at a stated date. The Planning Commission and City Council would consider a request for an IUP at the appropriate time if the contractor(s) pursue the EDA property. The IUP could also become part of a lease agreement by reference as well. If the contractor(s) choose to utilize other alternative sites for the desired uses, that would bring the discussions-negotiations to a quick end. At this early stage, the goal is to further explore the lease ideas and bring more information back to the EDA for additional consideration. Since this is a lease negotiation request, not a sale or purchase, the item must be considered in an open meeting. Al. STAFF IMPACT: There is a very minimal staff impact in authorizing the discussions-negotiations with contractors or NIN-DOT regarding the potential temporary use of the EDA-owned property along 7th Street West. The size of the EDA parcel is 16.71 acres and it is likely that only a small portion of it would be used as a staging site. A2. BUDGET IMPACT: At this point there is no extraordinary cost to the EDA to approach a discussion and land-lease negotiation with one or more contractors involved in the I-94 upgrade project. If the discussions-negotiations prove to be mutually satisfying and beneficial, a lease proposal may eventually be presented to the EDA for consideration. The estimates of the potential revenue from a temporary lease are 1 EDA: OS/08/19 estimated to be $15,000 to $30,000 per year. The I-94 project is expected to last for two full construction seasons; 2020 and 2021, so any lease would likely be for 24 to 30 months. B. ALTERNATIVE ACTIONS: Motion to authorize negotiations for lease of EDA owned property along 7th Street West (PID # 155033900010) with interested contractors and/or MN-DOT as temporary construction related activity or staging site during the I-94 improvement proj ect. 2. Motion to deny authorization of negotiations for lease of EDA owned property along 7tn Street West (PID # 155033900010) with interested contractors and/or MN-DOT as a temporary construction related activity or staging site during the I-94 improvement proj ect. 3. Motion to table authorization of negotiations for lease of EDA owned property along 7tn Street West (PID # 155033900010) with interested contractors and/or MN-DOT as a temporary construction related activity or staging site during the I-94 improvement project for further research and/or discussion. C. STAFF RECOMMENDATION: Staff will support the EDA in its recommendation. If negotiations are authorized and staff is able to reach an understanding with the contractor(s) regarding a lease for the 24 to 30- month timeframe, it will be presented to the EDA for approval in the form of a lease agreement at a future meeting. If the EDA does not authorize lease negotiations, there will be no need to do further research of the projected uses and impacts of the proposed construction related activities nor discuss a possible lease with the contractor(s). It should be noted that City Planning staff does have initial concerns regarding the use of the site for this purpose given its proximity to residential uses. The information requested from the contractor will allow staff to evaluate the proposed use impacts. D. SUPPORTING DATA: A. Aerial of EDA owned Site along 7th Street West B. Property Information — Beacon C. 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'i �_ 872 ft � e� .. ` l gCS� f._ I _ ParcellD 155033900010 AlternatelD n/a OwnerAddress CITYOFMONTICELLOEDA Sec/Twp/Rng 10-121-025 Class 958- MUNICIPAL PUB-OTHER % ACCOUNTS PAYABLE PropertyAddress Acreage n/a 505WALNUTSTSTEI MONTICELLO, MN 55362 District 1101 CITY OF MONTICELLO 882 H BriefTaxDescription Sect-10Twp-121Range-025COUNTRYCLUBMANOROUTLOTA (Note: Not to be used on legal documents) Date created: 5/1/2019 Last Data Uploaded: 5/1/2019 3:32:33 AM Developed by�� Schneider G£OSVATIAL 5/1 /2019 Beacon - Wright County, MN Trv, ,�„ Beacon Wright County, MN Summary ParcellD 155033900010 Property Address SeclTwp/Rng 10-121-025 BriefTaxDescription Sect-10Twp-121Range-025COUNTRYCLUBMANOROUTLOTA ;Note Not to be usec on Icg�l documcntsl Deeded Acres 0.00 Ciass 958-(NON-HSTD)MUNICIPALPUB-OTHER District (1101) 1101 CITY OF MONTICELLO 882 H School District 0882 Creation Date 01/01/0001 Owner Primary Taxpayer City Of Monticello Eda % Accounts Payable 505 Walnut St Ste 1 Monticella, MN 55362 GIS Acreage Parce1:155033900010 Acres: 16.71 Acres USAB: 16.71 Acres WATE: 0.00 Acres ROW: 0.00 Sq Ft: 728,012.57 Land Unit Eff Seq Description Dim 1 Dim 2 Dim 3 Units UT Price Adj 1 Adj 2 Adj 3 Adj 4 Rate Div % Value 1 RES B 0 0 0 14.710 AC 35,000.000 1.00 1.00 1.00 0.50 17,500.000 1.000 257,425 Total 14J10 257,425 Transfer History Grantor Grantee CITY OF MONTICELLO HRA CITY OF MONTICELLO EDA Valuation (Working 2020 Assessment) + Land Value + BuildingValue + Extra Features Value = Total Value % Change Taxation Total Estimated Market Value - Exduded Value - Homestead Exclusion = Taxable Market Value Net Taxes Payable + Special Assessments = TotalTaxes Payable Doc Date Transfer Date Doc Type Doc No Sale Price 1/2/2008 2/21/2008 QCLDEED 1080161 $0 2019 Payable $220,700 $o $0 $0 $0.00 $0.00 $0.00 2018 Payable $198,600 So $0 $0 $0.00 $0.00 $0.00 2020 $257,425 $a $0 $257,425 0.00 % 2017 Payable $183,900 SO $0 $0 $0.00 $0.00 $0.00 2019 $257,425 $0 $0 $257,425 16.67 % 2016 Payable $147,100 $0 $0 $0 $0.00 $0.00 $0.00 https:!/beacon.schneidercorp.com/Application.aspx?AppID=187&LayerID=2505&PageTypelD=4&PageiD=13108�KeyValue=155033900010 1 /2 b'iilf�.I�Si%] Map � ... ` `� � —�� + T � — -. . �! � � � �' K# 15taiP{:r1C4`f2G92- �.'r�? 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I ` �.i': �; ' '�.'.'., , '�.: � I ! �=.�'�, C ,. .. . . .. . . ., .. . .. . . .. , i-'f '.JL� � . -L�'�� ` l. ��(i'i�t ,.. ?II �' I !."I�'. � � ' f i � - � . � ., � i , r � „}, :. ,- �,l_?��; r ,� 4;u�-p � �: V�Irii �I C �,u!it�a ..,,�.� ,�:,.i �.ntee il�r .ctu� � r�; i he . `o� ��>ri� � . �.:�i�� .� I - �e'rr� �� SC�'lll@IC�@f GfOSPATIAL Last Data Upload: 5/1/2019, 2:32:33 AM Version 2.2.16 https:l/beacon.schneidercorp.comlApplication.aspx?AppID=187&LayerID=2505&PageTypelD=4&PageID=1310&KeyValue=155033900010 2/2 I-94 West Corridor Coalition News We experienced major success over the past years with the opening of additional lanes between Highway 101 in Rogers and Highway 241 in St. Michael, which included a 55% reduction in total travel time and the completion of nearly 3 million square feet of industrial development in the region. We hope to continue making lane capacity expansion improvements onto St. Cloud and complete the Fish Lake and 610 Interchange with your help and the help of our supporters. The Coalition had an exciting 2018. In May of 2018, MnDOT announced that the I-94 lane capacity expansion project form St. Michael to Albertville would be included in the Corridors of Commerce project and received $56 million toward completion of the highway capacity expansion. During the last hour of the 2018 Legislative Session, Governor Dayton signed a$825 million public works construction bonding bill that included $13.5 million for the Brockton Interchange updates. At the Coalition's groundbreaking ceremony in October 12, 2018, MnDOT Commissioner Zelle announced that the third lane of I-94 between Monticello and Clearwater would be made a permanent lane when resurfacing of the highway occurs in 2020. See More Information below in MN-DOT Internet Link http://www.dot.state.m n. us/i94-m�-clearwater/ 5/3/2019 Skip to Content S 1 1 Travel Info • General Contacts • MnDOT A to Z • Search I-94 Maple Grove to Clearwater - MnDOT I-94 Maple Grove to Clearwater Maple Grove, Dayton, St. Michael, Albertville, Monticello, Hasty, Clearwater • Project Home • Meetings • Documents • Noise Walls • Accessibility • Contacts Join us! Please join us at an upcoming open house on Thu, May 9 at the Sundance Golf Banquet Bowl. Traffic impacts p 1-94: Maple Grove to Clearwater � Clearwacer i4�'ks� h � Nsily 9� % 25 ,: i MonHcello ' .:::,.94.,... Albertvil SL I-94 Maple G��ove to Cleaf-water p�oject location map. Click map for Zarger PDF veYsion. Current All traffic impacts are tentative and weather dependent. www.dot.state.mn.usli94-mg-clearwater/ 1 /4 5/3/2019 Shoulder closures Apri18 through Fri, May 3; 7 a.m. to 3 p.m. daily I-94 Maple Grove to Clearwater - MnDOT • Shoulder of WB I-94 is closed between Fish Lake Rd. in Maple Grove and Hwy 101 in Rogers Apri18 through Fri, May 3; 9 a.m. to 5 p.m. daily • Shoulder of EB I-94 is closed between Hwy 101 in Rogers and Fish Lake Rd. in Maple Grove Upcoming Details about upcoming traffic impacts will be provided as they become available. Motorists can expect narrow, temporary lanes, reduced speeds, non-rush hour lane closures, occasional ramp closures and delays. About this project Four work areas in a 39-mile stretch of I-94 between Maple Grove and Clearwater to reduce congestion, improve safety, improve freight traffic, enhance economic vitality and provide a smoother ride. Summary of work • Freeway reconstruction • Add lanes • Construct Dayton Parkway interchange • Rebuild bridges • Add concrete barrier More about work done in each area Maple Grove to Rogers (2020-2021) • Widen freeway shoulders to build temporary lanes in 2019 • 9 tniles of concrete resurfacing between I-494 interchange and Hwy 101 • Add lane in each direction between Hwy 610 and Hwy 101 • Build four noise walls in Maple Grove Dayton Parkway interchange (2020-2021) • Build interchange • Build trail and sidewalks St. Michael to Albertville (2019-2021) • Reconstruct 6 miles of freeway between Hwy 241 and Wright Co. Rd. 19 • Reconstruct I-94 bridges over Wright Co. Rd. 19 • Add new ramp from Co. Rd. 19 to EB I-94 • Reconstruct Hwy 241 bridge over I-94, add new loop ramp from WB I-94 to SB Hwy 241 • Add lane on EB I-94 between Wright Co. Rd. 19 and Hwy 241, and on WB I-94 between Hwy 241 and Wright Co. Rd. 37 • Add raised concrete median barrier www.dot.state.mn.usli94-mg-clearwater/ 2�4 5/3/2019 I-94 Maple Grove to Clearwater - MnDOT • Build stoniiwater basins to improve drainage Monticello to Clearwater (2019-2021) • Reconstruct 14 miles of freeway between Hwy 25 and Hwy 24 • Add lane in both directions • Add raised concrete median barrier between Hwy 25 and Wright Co. Rd. 8 • Add cable median barrier between Hasty and Clearwater • Build noisewall along north side of WB I-94, west of Hwy 25 • Add commercial vehicle weigh-in motion sensors into the new pavement • Improve drainage, including new water retention ponds Schedule • Maple Grove to Rogers: July 2019 to 2021 (temporary lanes built in summer 2019) • Dayton Parkway interchange: 2020 to 2021 • St. Michael to Albertville: 2019 to 2021 • Monticello to Clearwater: 2019 to 2021 Location • I-494 Maple Grove to Hwy 101 Rogers • Dayton Pkwy. interchange, south of Srockton Lane near Dayton • Wright Co. Rd. 19 Albertville to Hwy 241 St. Michael • Hwy 25 Monticello to Hwy 24 Clearwater Benefits • Reduce congestion • Improve safety • Provide a smoother ride • Extend life of highway • Improve freight access • Economic development • Address planned growth • Provide good distribution to other arterial routes COst • $350 million Additional resources • Fac�t sheet (PDF) • Frequently asked questions (PDF) • Environmental Assessment: I-94 Maple Grove to Rogers • Environmental Assessinent: I-94 St. Michael to Albertville • Enviromnental Assessment: I-94 Monticello to Clearwater www.dot.state.mn.us/i94-mg-clearwater/ 3/4 EDA Agenda: OS/08/19 7. Economic Development Report (JT) A. WSB Economic Development Assistance Update — Apri12019 — Please see Exhibit A. B. Rivertown Residential Suites Development Update (Briggs 47-unit Apt.) — Please see attached photos (Exhibit B) of work in progress. Updated elevation renderings will be provided at the meeting. C. Downtown Round Meeting (4-18-2019) Update — A group of 16 people met at Elevated Wellness 113 West Broadway from 7:30 a.m. until 9:00 a.m. on April 18, 2019 for the 2"a quarter 2019 Downtown Round Meeting. Attendees were provided summaries of the conceptual Block 52 development ideas posed by the Developers that the EDA has met with. Meeting attendees were willing to share perspectives and offer ideas improving the development concepts. The summarized feedback will be reviewed in depth with the EDA with the goal of offering suggestions to the developer(s) for consideration in the Block 52 redevelopment efforts. D. Workforce Development Update: A verbal update will be provided at the meeting. E. Prospects — See attached A spread sheet with the concept stage and active search prospects is attached as Exhibit C. ws b Memorandum To: Monticello Economic Development Authority Jim Thares, Economic Development Manager From: Jim Gromberg, Economic Development Coordinator Date: May 2, 2019 Re: Bi-Monthly Report WSB Project No. 013322-00 Thank you for the opportunity to continue to assist the City of Monticello in their continued efforts to provide economic vitality for the community and the residents. Below are updates on the � projects that are currently being completed for the city with regards to the economic development o efforts. Some of the highlights were: U C� W Project Shepard: Assisted Jim on the development of the proposal for a project that will include � the construction of a 70,000 square foot light manufacturing facility. This project will also include � the ability to expand the facility in the future. The project will also provide a yet to be determined 0 number of new employment opportunities in Monticello. 0 � Minnesota Marketing Partnership Meeting and Fam Tour: Attended the quarterly Minnesota � Marketing Partnership meeting to discuss the future plans for the marketing of the state and the M planning of the Chicago and Dallas Fam tours to promote Minnesota to site selectors and meet � with companies that have operations in Minnesota and how the state can better serve those facilities. One of the meetings was with the Site Selection Group that is currently up dating their � data base on available properties in communities and the type of industries that the community is � looking to attract. This information will allow them to better direct companies as they determine the best location for future projects. z � Industrial Park Study: The industrial park study is moving forward as we continue to research � the current market conditions and the projected changes in the marketplace. We will be meeting ° with local commercial real estate professionals during the month of May to gain their insights on W the future of the industrial property markets. As part of the marketing partnership we are also z talking with the national real estate professionals to understand what is happening on a more � macro level in the economy. o Site Selector Guild: Attended the Site Selector Guild annual conference to meet with site W selectors. The conference included a private lunch with 12 site selectors to promote the state of ~ Minnesota as a site for future projects. 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