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City Council Agenda Packet 07-12-2021AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, July 12, 2021— 6:30 p.m. Mississippi Room, Monticello Community Center CITY COUNCIL/PLANNING COMMISSION JOINT WORKSHOP Monticello Community Center 4:45 p.m. Site Tour— 7th Street and Fallon Avenue (Jameson Property) 5:45 p.m. Property Discussion (North Mississippi) Mayor: Lloyd Hilgart Council Members: Jim Davidson, Charlotte Gabler, Brian Hudgins, Sam Murdoff 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda — Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Special Meeting Minutes from June 28, 2021 • Regular Meeting Minutes from June 28, 2021 D. Citizen Comments — Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, except for referral to staff for future report. E. Public Service Announcements • State Soccer Tournament —July 16-18, 2021 • Movie in the Park—July 16, 2021 • Fire Department Open House — September 19, 2021 F. Council Liaison Updates • BCOL • Planning Commission • 1-94 Coalition G. Department Updates • Construction Update 2. Consent Agenda —All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion unless a councilmember, the city administrator, or a citizen requests the item by removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2021-46 accepting grant from CMAB of $4,000 for Walnut Street green space art installation Consideration of approving temporary waiver of outdoor noise restrictions for Nordic Brewing for outdoor concerts Consideration of adopting Resolution 2021-47 accepting donations for the Walk & Roll event G. Consideration of authorizing Request For Proposals for audit services H. Consideration of approving a Planned Unit Development adjustment at Ultra Machining Corp Planned Unit Development. Applicant: Ultra Machining Corp (UMC) Consideration of approving a request for Conditional Use Permit for a Group Residential Facility, Multi -Family in an R-3 District. Applicant: Dawn Rogosheske Consideration of appointing Teri Lehner to the Monticello Planning Commission for a term to expire on December 31, 2023 K. Consideration of approving Change Order #1 for the 2020 Stormwater Improvement Project, City Project 200002 in the amount of $29,675.30 L. Consideration of adopting Resolution 2021-48 authorizing the preparation of a Feasibility Report for the 2022 Street Improvements project and approve a contract with Hakanson Anderson to provide engineering services at a not to exceed price of $60,400 M. Consideration of authorizing the City Administrator to amend a lease agreement with Monticello School District 882 for the 2021-2022 school year to include the cost of site improvement estimated at $30,000 N. Consideration of approving Resolution 2021-49 supporting construction of the Fallon Avenue Trunk sanitary sewer line extension 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda A. Consideration of authorizing a payment of the Coalition of Utility Cities for City share of CUC membership dues in the amount of $45,961 B. Consideration of aDDrovine an amendment to communitv solar Barden subscription agreements with Novel Solar Two LLC, a Minnesota limited liability company C. Consideration of approving a purchase agreement and authorizing the City of Monticello to purchase parcel 155-230-000010 for the price of $3,264,559 5. Adjournment AGENDA SPECIAL JOINT WORKSHOP - MONTICELLO CITY COUNCIL & PLANNING COMMISSION Monday, July 12th, 2021 4:45 PM: Park Along Fallon Avenue (see attached map) 5:45 PM: Mississippi Room, Monticello Community Center Council: Mayor Lloyd Hilgart, Jim Davidson, Charlotte Gabler, Brian Hudgins, Sam Murdoff Commissioners: Paul Konsor, Andrew Tapper, Alison Zimpfer, Eric Hagen Staff: Rachel Leonard, Angela Schumann, Ron Hackenmueller, Matt Leonard 1. Call to Order 2. Roll Call 3. Site Tour and Parcel Status — 7t" Street and Fallon Avenue Area A. Introductions B. Properties and Configuration • City/Fallon Access/Fallon Approach • BNSF/City • City Park • Rand Mansion — Merrill & Mary Busch • Malone - William and Kristina Malone • Jameson — KLT Development • St. Henry's Catholic Church C. History • Rand Mansion/Carriage House • Jameson Property • Interchange Project/Territorial Road/Railroad Crossing • Fallon Avenue Project D. Topography/Site Conditions • Tree Cover • Elevation Change • Roads/Intersections E. Land Use Guidance & Development F. Site Activity - Security and Enforcement G. Property Goals (at MCC, input from Property Owners) Subject Area Aerial PARK HERE ALONG FALLON AVENUE -� ontic�ll� k July 2: 2021 Map Pa ered By DataLink wsb rOvrtkS 4 � _w Subject Area .28 AC 1.62 AC Busch Malone .51 AC City Park 1.69 AC `► .43 AC City City 1.59 AC City 1.45 AC City 7.98 AC KLT DEV 5.10 AC CSTH 1 in = 376 ft 6 r •ll }� � 1 .�� 1 2.92 AC r., Busch rOvrtkS 4 � _w Subject Area .28 AC 1.62 AC Busch Malone .51 AC City Park 1.69 AC `► .43 AC City City 1.59 AC City 1.45 AC City 7.98 AC KLT DEV 5.10 AC CSTH 1 in = 376 ft .7 I w �♦ Iiw IIw I 1♦ i w iI I I I Ir• I I♦ ♦ { �� } � I I ♦ Ali � # .� � \� _ 'fir•, f :y'ti Ic 40 • I � � III ' - T . ,� � � �' .. � ' � � � � � { M1 � }� r r � M1 � '� 10 f k ♦ \\ \. / 293. Q - \\�w \\ �+ fir' \ �♦♦♦ `. - - . . I , e � : .. y �' x/.,. � � 'L _: T- - .. `, ♦ ♦ �+ ,, � � '' �.Yy. ,l .. �. ,� '.may �♦ 225' 318' y} ':� Ty! ` A • "i L�4�lywti''--'t-�"ti•``` ttttttt!tt 'ice ♦� �`��'`•t•11 `..� ,,fir•♦♦ `-'� ��!ttt� �`-.- �'i+ ., l � 1 � � �"!�' - ",w 'v ♦t♦♦� ` ` ttt •♦♦♦♦ tttttt -��- ' - - ---I 95' ♦i� ` ttt f t41 ♦♦•♦ nntt. I s♦ s14 . i ' � til: r �� f � +trrrt t:n� ♦• `!++.,,``. L Jfi -. w aaaarryy ♦ ♦ ♦ ` �;'"$ei4 •'�a♦ ♦♦a------r�l�•ft ,`++♦♦' `�♦i ` ` + ♦ ♦ `, a Doc. No. A 1102560 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 11-13-2008 at 02:20 Check #: Fee: $ 46.00 Payment Code 04 Addl. Fee Larry A. Unger, County Recorder EASEMENT AGREEMENT THIS AGREEMENT made this 9th day of June , 2008, by MERRILL J. BUSCH and MARY D. BUSCH, husband and wife, the Grantors and the CITY OF MONTICELLO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". The parties agree as follows: 1. In exchange for good and valuable consideration, the Grantors do hereby grant unto the City and its assigns a permanent easement for public street purposes legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B." 2. The use of the easement by the City shall be limited to the construction, maintenance and public use of a gravel road surface no more than twelve (12) feet in width to serve only the currently existing adjacent property uses. The existing adjacent properties and their uses include the Jamison property, a single-family residence, and the Grantor's property, a private residence and bed and breakfast establishment. Maintenance is defined as follows: 134334 • The City shall provide snow removal operations in accordance with the City of Monticello's Snow Plowing Policy for the most recent season. The policy, in Return to: City of Monticello 505 Walnut St, Ste 1 Monticello, MN 55362 J14(o general, currently stipulates that snow removal operations shall begin when snow accumulation reaches 2 -inches and that the street will be open to traffic within 12 hours after a snow storm subsides. • The City shall grade the roadway as needed to maintain it in a drivable condition, as reasonably determined by the City, including after heavy rainfall events where erosion or washouts exist on the roadway. • The City shall trim trees that encroach within the easement where they interfere with City maintenance equipment. • The City will re -seed green areas that are disturbed by City maintenance equipment to a mowable condition. • The Grantors shall maintain the green area within the easement (i.e. mowing, watering). 3. The City will seed and/or sod disturbed areas caused by construction of the roadway. 4. The roadway design will include preservation of trees and the lilac hedge to the best extent possible. 5. The Grantors shall review and approve the construction plans for the roadway prior to the start of construction. 6. The easement cannot be utilized for the installation of public sanitary sewer, watermain or other public utilities. 7. The City will compensate the Grantor for all costs associated with obtaining the mortgage consent documents. 8. The City shall complete construction of the road surface no later than June 30, 2008. 9. The Grantors, for themselves, their heirs and assigns, do covenant with the City, 134334 2 its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises. This Agreement shall run with the land and may be recorded in the Wright County Recorder's Office. IN WITNESS WHEREOF, the parties have signed this Agreement on the date first written. CITY OF MONTICELLO By: Clint, Herbst, Mayor By: J eill, City Administrator 'll J. Busch Mary D. Wsch STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 9 th day of June , 2008, by Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public �.rll. tel, rrlJl./.1./ll./../ll.�l✓lJY./. /✓� 134334 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 5th day of June , 2008, by Merrill J. Busch and Mary D. Busch, husband and wife, Grantors. THIS INSTRUMENT DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 TMS/cjh 134334 Notary Public .%./✓./✓."�_!✓lei".-v.J"✓"./✓'..J"/'.�'✓u✓' -. -'�/* . EXHIBIT A TO EASEMENT AGREEMENT STREET EASEMENT A permanent easement for public street purposes over, under and across that part of the following described tract of land in the City of Monticello: (THE TRACT) That part of the SW 1/4 of the SW 1/4 of Section 12, Township 121, Range 25, Wright County, Minnesota, also being a part of tracts known as Lot 1 of said SW 1/4 of the SW 1/4 and Lot 9 of Auditor's Subdivision Number One according to the plats of record, described as follows: Beginning at a point on the west line of said SW 1/4 of the SW 1/4 distant 534.5 feet north of the southwest corner thereof; thence east at a right angle from the said west line a distance of 318.00 feet; thence deflect 79 degrees left bearing N 11 degrees E a distance of 285.08 feet to a point on the southerly line of the Old Territorial Road, said point being the centerline of Old Territorial Road bearing northwesterly extended southeasterly; thence northwesterly along said centerline a distance of 308.29 feet to the southerly right-of-way of the Great Northern Railway; thence northwesterly along said right-of-way a distance of 303.5 feet to the west line of said SW 1/4 of the SW 1/4; thence south along the said west line a distance of 663.50 feet to the point of beginning. Except therefrom that part described as follows: Beginning at a point on the west line of said SW 1/4 of the SW 1/4 distant 534.5 feet north of the southwest corner thereof; thence east at a right angle from the said west line a distance of 318.00 feet; thence deflect 79 degrees left bearing N 11 degrees E a distance of 155.44 feet; thence deflect 79 degrees 30 minutes left a distance of 252.20 feet; thence deflect 21 degrees 30 minutes left a distance of 113.00 feet to the west line of said SW 1/4 of the SW 1/4; thence south along the said west line a distance of 245.00 feet to the point of beginning. Which lies within the following permanent easement for street purposes: That part of (THE TRACT), which lies easterly of the easterly right-of-way line of Fallon Avenue, and also which lies northerly, easterly and northerly of the following described line: Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 12, Township 121, Range 25, Wright County, Minnesota; thence North 00 degrees 00 minutes 34 seconds East, assumed bearing along the west line of said Southwest Quarter of the Southwest Quarter, 1159.63 feet, to the point of beginning of said line to be hereinafter described; thence North 76 degrees 09 minutes 05 seconds East, 29.77 feet; thence easterly, 34.74 feet, along a tangential curve, concave to the south, having a radius of 65.00 feet, and a central angle of 30 degrees 37 minutes 36 seconds; thence South 73 degrees 13 minutes 19 seconds East, tangent to the last described curve, 162.58 feet; thence southeasterly, 40.79 feet, along a tangential curve, concave to the southwest, having a radius of 125.00 feet, and a central angle of 18 degrees 41 minutes 48 seconds; thence South 15 degrees 25 minutes 09 seconds East, 134334 5 not tangent to the last described curve, 31.48 feet; thence South 72 degrees 53 minutes 25 seconds East, 47.78 feet, to the easterly line of (THE TRACT), and said line there terminating. 134334 MAR -30-2008 16:33 WSB & ASSOCIATES Sent By: The Historic Rand House; 763 295 6037; 7635411700 P.03'03 Mar -30-08 4:18PM; Page 3/3 MORTGAGE HOLDER CONSENT TO EASEMENT Wats Far' gv Bank, National Association, which holds amortgage on all or part of the property more particularly described in the foregoing Easement A�'eement, which mortgage is dated May 20, 2004, and recorded September 15, 2004, as Docurri nt No. 927146, with the office of the County Recorder for Wright County, Minnesota, for food and valuable consideration, the:receipt and sufficiency of which is hereby acknowledged. does hereby join in, consent, and is subject to the foregoing Easement ,Agreement. STATE OF )ss. COUNTY OF The i'oregoing instruMent was ackr .2008T by of Wells Fargo :DRAFTED BY: CAMPBELL KNU*rSQN -Professional Assaciat f tart 317 Eagandale Office Center 1380 Corporation CCnter Curve .Eagan, Minnesota 55121 Telephone: 651-45-2-5000 .TMSIcjh �•Z�J' L yy . V F !34±34 Y . A Y . Wel ergo n . ationat ssociaition By. Its: 8 before the this day of the tonal Assoc ion, on its behalf: Public Lmy W ROSENBE`RG Notary i�UNC Minnesota � t:xires J&vary 31, 2010 TOTAL P.03 —SW COR OF THE SW 1/4 OF / THE SW 114 SEC 12 T 121 R 25W / WEST LINE OF THE SW 1/4 OF --� •v.�e �`� `�iA��% i� THE SW 114 SEC 12 T 121 R 25WFALLOWAVENU •'�" i,,�i 4-1 o _ 9.77 _'"' z•<•c N 76-09'05"� Cr 14M PROPOSED PERMANENT STREET j r Q' r' EASEMENT AREA = 7345 sq ft - ' 1 T o 20 so tK �• BUSCH GQ00 PROPERTY (HISTORIC t7--13-13'19- E' RAND HOUSE) V se do = 18'41'48" R - 125.00 FT —` ? L = 40.79 S 15.25'09 E 31'48 r /• x.00 o ir• �. t o N 72.53' 25( 4 /1. f'8 v !. v ` ! 7,00 ! 3 ! ! JAMESON PROPERTY Prepared by: 701 Xenia Avenue South. Suite 300 Minneapolis, MN 55416 V)Kwww.wsbeng.com 16}5111800 • Fa Jb1bIFI7fe INFRASTRUCTURE, ENGINEERING, PUWNINO CONSTRUCTIO? Territorial Road Realignment Street Improvements Parcel Sketch for the City of Monticello, Minnesota City Pmjed No. 2005-21C WSB Project No. 01627-16 Date: 3!071 Exhibit B MONWELL0 MINUTES SPECIAL MEETING MONTICELLO CITY COUNCIL Monday, July 12, 2021— 5 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Charlotte Gabler, Brian Hudgins, Sam Murdoff Absent: None Others: Rachel Leonard, Tracy Ergen 1. Call to Order Mayor Hilgart called special meeting to order at 5 p.m. 2. 5 p.m. City Administrator Six Month Review Tracy Ergen met with City Council and discussed the process of conducting the City Administrator review. Rachel Leonard, City Administrator, met with City Councilmembers and discussed her review of the last six months. Councilmember Gabler moved approval of a full step increase for Rachel Leonard. Councilmember Murdoff seconded the motion. Motion carried unanimously. 3. Adjournment By consensus, the meeting was adjourned at 6 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Council Special Meeting Minutes —June 28, 2021 City Administrator REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, June 28, 2021— 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Charlotte Gabler, Brian Hudgins, and Sam Murdoff Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. B. Approval of Agenda Councilmember Murdoff moved approval of the agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. C. Approval of Meeting Minutes • Joint Meeting Minutes from June 14, 2021 • Regular Meeting Minutes from June 14, 2021 Councilmember Gabler moved approval of both sets of minutes. Councilmember Hudgins seconded the motion. Motion carried unanimously. D. Citizen Comments Patrice Bogart addressed the City Council about having a directory located at the cemetery. She noted that there was an Eagle Scout that was interested in completing the project. Tom Pawelk will work with Ms. Bogart on the item. E. Public Service Announcements • 4t" of July Business Hours — All City locations closed except for Hi -Way Liquors • MCC Annual Block Party — Thursday, July 8, 2021 • Riverfest — Thursday, July 8 — Sunday, July 11, 2021 • Recognition of John Alstad F. Council Liaison Updates • CMRP—Angela Schumann, Community Development Director, noted that the CMRP held two meetings in June where they received a draft of the Framework 2030 Plan. CMRP has also decided to hire a project manager to assist the partnership. F. Department Update • Construction Update — Matt Leonard provided a construction update on the 1-94 Project. 2. Consent Agenda: City Council Minutes: June 28, 2021 Page 1 14 Councilmember Murdoff moved approval of the consent agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a $683,638.57. B. Consideration of approving new hires and departures for city departments. Action taken: Approved the hires for MCC and Hi -Way Liquors and terminations for MCC. C. Consideration of approving the sale/disposal of surplus city property for the Parks Department. Action taken: No report this cycle. D. Consideration of adopting Resolution 2021-40 accepting a donation of $100 from the Monticello Rotary Club for Otter Creek flowers. Action taken: Adopted the resolution accepting donation. E. Consideration of approving a temporary liquor license for the Monticello Lions for Riverfest events. Action taken: Approved the temporary liquor license. F. Consideration of approving a Special Event Permit allowing use of West Bridge Park, city streets and related assistance and approving off-site liquor license for Cornerstone Cafe for the Party in the Park event on July 7, 2021. Applicant: Monticello Chamber of Commerce. Action taken: Approved the Special Event Permit, waiver of fee and off-site liquor license for Cornerstone Cafe. Permit approval contingent on continued site coordination with Parks Superintendent and Streets Superintendent and notification of adjacent property owners by the applicant. G. Consideration of approving a Special Event Permit allowing use of Ellison Park and related assistance in conjunction with Art in the Park/Taste of Monticello on Saturday, July 10, 2021. Applicant: Monticello Chamber of Commerce. Action taken: Approved the Special Event Permit and waiver of fee. H. Consideration of renewing membership in the MN Public Broadband Alliance for 2021 at a cost of $1,500. Action taken: Membership renewal was approved. Consideration of adopting Resolution 2021-41 accepting the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. Action taken: Resolution was adopted. Consideration of adopting Resolution 2021-42 approving a Preliminary Plat and Final Plat for Deephaven 2, Development Agreement, Trail Easements, and Conditional Use Permit for cross -access with adjoining commercial property. Applicant: Deephaven Development LLC/Mark Buchholz. Action taken: Resolution approving plats and development agreement was adopted based on findings in said resolution and subject to conditions in Exhibit Z. Trail Easements were adopted. Conditional Use Permit was adopted based on findings in Resolution PC -2021-018 and subject to conditions in Exhibit Z. City Council Minutes: June 28, 2021 Page 2 1 4 K. Consideration of approving a contract with Hentges Land Corporation to replace the sanitary sewer lateral at 118 West 6t" Street in the amount of $29,800. Action taken: Contract was approved. L. Consideration of approving a lease agreement with Monticello School District 882 for the 2021-2022 school year to serve kindergarten thru fifth grade at the Bertram Chain of Lakes regional shared park maintenance shed. Action taken: Lease agreement was approved. M. Consideration of approving a mutual -aid agreement between the City of Monticello and Monticello Township for Public Works personnel and equipment. Action taken: Mutual -aid agreement was approved. N. Consideration of adopting Resolution 2021-46 in support of constructing a Water Treatment Facility. Action taken: Resolution was adopted. O. Consideration of adopting Resolution 2021-43 accepting bids and awarding contract to Automatic Systems, Inc. for the 2021 SCADA Improvements Project for the base bid and bid alternate A, City Project No 19CO03 for a total amount of $971,974. Action taken: Resolution was adopted. 3. Public Hearings: A. PUBLIC HEARING: Consideration of adopting Resolution 2021-44 approving a vacation of temporary easement as legally described as Deephaven Angela Schumann, Community Development Director, provided a brief overview. Minimal discussion occurred. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Murdoff moved to adopt Resolution 2021-44 approving the vacation. Councilmember Davidson seconded the motion. Motion carried unanimously. 4. Regular Agenda: A. Consideration of approving an addendum to the professional services contract with Arvig Enterprises, Inc. for management of FiberNet Monticello Rachel Leonard, City Administrator, provided an overview of the proposed contract. Items included: 5 -year term; Arvig responsible for operational and management decisions; City retains ownership of FiberNet Monticello; Arvig will provide monthly netting statements to City Finance Department and quarterly financial and operational reports to the City Council; compensation for management services will be based on a management fee, subscriber fee, and fixed fee; all employees are Arvig employees; City retains the right of access to all books and records for purposed of auditing the operation of the FiberNet system; and FiberNet office suite rent to remain at $500. Additionally, terms included: start revenue share at dollar one; adjust revenue split percentage to 60% City, 40% Arvig, City will not attempt to sell the system prior to year 3 of the City Council Minutes: June 28, 2021 Page 3 14 5 -year term; FiberNet staff will assume responsibility for coordinating installation of fiber extensions into new developments; and Arvig will provide information on lease agreements, connections, dark fiber, etc. Minimal discussion occurred. Councilmember Davidson moved approval of the professional services contract with Arvig Enterprises, Inc. for management of FiberNet Monticello for a new 5 -year term and adjusted contract details. Councilmember Murdoff seconded the motion. Motion carried unanimously. B. Consideration of approving Parks & Recreation Director position Rachel Leonard provided an overview of the newly proposed position. The creation is expected to enhance coordination within departments, build cooperation and streamline operations, unify our community center, arts, and recreations programs, and provide potential cooperative opportunities within the community. Minimal discussion occurred. Councilmember Hudgins moved approval of the Parks & Recreation Director position. Councilmember Gabler seconded the motion. Motion carried unanimously. S. Adjournment: By consensus, the meeting was adjourned at 7:05 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Administrator City Council Minutes: June 28, 2021 Page 4 1 4 City Council Agenda: 07/12/2021 2A. Consideration of approving payment of bills Prepared by: Meeting Date: ❑ Regular Agenda Item Finance Director 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve the bill and purchase card registers for a total amount of $8,261,577.57. REFERENCE AND BACKGROUND City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. I. Budget Impact: N/A II. Staff Workload Impact: No additional work. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of bill and purchase card registers as presented. SUPPORTING DATA • Bill registers and purchase card registers Accounts Payable Computer Check Proof List by Vendor User: Debbie.Davidson Printed: 07/01/2021 - 11:34AM Batch: 00215.06.2021 - 215.06.2021 Xcel/CPE Invoice No Description Amount Payment Date Acct Number Moiiii6effo Y Reference Vendor: 1102 CENTERPOINT ENERGY Check Sequence: 1 ACH Enabled: True 06/30/2021 8235331-9 - Prairie Center 51.30 06/30/2021 101-41941-438100 06/30/2021 5828859-8 - Storage Garage 38.22 06/30/2021 101-41940-438100 06/30/2021 5864452-7 - Library 274.41 06/30/2021 101-45501-438100 06/30/2021 5837384-6 - Publc Works 348.07 06/30/2021 101-43127-438100 06/30/2021 6401745330-5 - 349 W Broadway 53.50 06/30/2021 101-45204-438100 06/30/2021 5788570-9 - Hi Way Liquor 157.11 06/30/2021 609-49754-438100 06/30/2021 5804618-6 - Parks (Fallon) 15.00 06/30/2021 101-45201-438100 06/30/2021 8235333-5 - P.C. (U Fab) 37.37 06/30/2021 101-41941-438100 06/30/2021 5843395-4 - DMV 23.20 06/30/2021 653-41990-438100 06/30/2021 5768542-2 - MCC 3,424.24 06/30/2021 226-45126-438100 06/30/2021 5768542-2 - City Hall 148.08 06/30/2021 101-41940-438100 06/30/2021 5820786-1 - Public Works 45.57 06/30/2021 101-43127-438100 06/30/2021 5799425-3 - Public Works 243.10 06/30/2021 101-43127-438100 06/30/2021 5821009-7 - Parks 208.17 06/30/2021 101-42200-438100 06/30/2021 5768542-2 - National Guard 74.04 06/30/2021 101-42800-438100 06/30/2021 5768542-2 - Senior Center 55.53 06/30/2021 101-45175-438100 06/30/2021 8000015233-2 - WWTP 2,934.67 06/30/2021 602-49480-438100 06/30/2021 5806932-9 - Parks 25.25 06/30/2021 101-45201-438100 06/30/2021 5799427-9 - Public Works 55.30 06/30/2021 101-43127-438100 06/30/2021 6402462182-9 - Help Center 29.32 06/30/2021 653-41990-438100 06/30/2021 6402123338-8 - 112 W River St 58.50 06/30/2021 101-45201-438100 06/30/2021 6402504048-2 - 107 Broadway W 33.64 06/30/2021 213-46301-438100 06/30/2021 11077481-7 - Fire Station 464.70 06/30/2021 101-42200-438100 06/30/2021 6402504046-6 - 101 Broadway W 127.57 06/30/2021 101-45204-438100 06/30/2021 5804618-6 - Parks (Fallon) -9.01 06/30/2021 101-45201-438100 Check Total: 8,916.85 Vendor: 5646 JACK HENRY & ASSOCIATES, INC. Check Sequence: 2 ACH Enabled: True 3710197 Client Account Fee - June 2021 68.87 06/30/2021 226-45122-443980 AP -Computer Check Proof List by Vendor (07/01/2021 - 11:34 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 199.00 AP -Computer Check Proof List by Vendor (07/01/2021 - 11:34 AM) Page 2 Check Total: 68.87 Vendor: 5415 MII LIFE INSURANCE INC Check Sequence: 3 ACH Enabled: True 15737215 Participant Fee - June 2020 36.90 06/30/2021 101-41800-413500 39865901 FSA- Dependent Care 4,027.70 06/30/2021 101-00000-217200 39865901 FSA -Medical 385.97 06/30/2021 101-00000-217300 Check Total: 4,450.57 Vendor: 1593 MN DEPT OF REVENUE - ACH Check Sequence: 4 ACH Enabled: True 6/25/2021 Hi Way Liquor Sales Tax Accelerated Payment f 55,995.30 06/30/2021 609-00000-208100 May May Sales Tax - Liquor 62,216.90 06/30/2021 609-00000-208100 May May Sales Tax - Liquor 0.10 06/30/2021 609-49750-443990 May May Sales Tax - General 535.92 06/30/2021 101-00000-208100 May May Sales Tax - General 0.08 06/30/2021 101-41310-443990 May May Waste Tax - General 151.37 06/30/2021 101-00000-208120 May May Waste Tax - General 0.63 06/30/2021 101-43230-443990 May May Sales Tax - MCC 2,781.79 06/30/2021 226-00000-208100 May May Sales Tax - MCC 0.21 06/30/2021 226-45122-443990 May May Sales Tax - Water 1,073.16 06/30/2021 601-00000-208100 May May Sales Tax - Water -0.16 06/30/2021 601-00000-362900 May May Sales Tax - Cemetary 6.18 06/30/2021 215-00000-208100 May May Sales Tax - Cemetary -0.18 06/30/2021 215-00000-362900 Check Total: 122,761.30 Vendor: 4470 US BANK - BONDS Check Sequence: 5 ACH Enabled: True 1760644 GO Bonds 2016A - Interest 32,775.00 06/30/2021 320-47000-461100 1760645 GO Bonds 2014A - Interest 68,485.63 06/30/2021 318-47000-461100 1760645 GO Bonds 2014A - Interest 3,360.00 06/30/2021 703-00000-461100 1760646 GO Bonds 2015B - Interest 24,025.00 06/30/2021 319-47000-461100 1760647 GO Bonds 2017A - Interest 45,970.00 06/30/2021 321-47000-461100 1760648 GO Bonds 2020A - Interest 26,923.41 06/30/2021 324-47000-461100 1760649 GO Bonds 2018A - Interest 67,893.76 06/30/2021 322-47000-461100 1760650 GO Bonds 2019A - Interest 76,793.75 06/30/2021 323-47000-461100 Check Total: 346,226.55 Vendor: 2438 VANCO SERVICES LLC Check Sequence: 6 ACH Enabled: True 6/28/2021 Vanco Return - R Meyer - FiberNet Payment 199.00 06/30/2021 101-00000-115030 Check Total: 199.00 AP -Computer Check Proof List by Vendor (07/01/2021 - 11:34 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 2405 WELLS FARGO - Monthly Charges/Returns Check Sequence: 7 6/18/2021 NSF Fees 1.00 06/30/2021 101-00000-208110 6/18/2021 Returned Check 68.00 06/30/2021 101-42400-322110 May 21 fee MCC CC Fees - (Clover app-Fmrs Mkt) 6.16 06/30/2021 226-45127-431992 6/30/2021 Check Total: 75.16 06/30/2021 226-45126-438100 Vendor: 1565 WELLS FARGO CORP TRUST SERVICE 127.21 06/30/2021 Check Sequence: 8 6/22/2021 Additional Investment to 4M 4,000,000.00 06/30/2021 955-00000-104010 6/22/2021 Additional Investment to 4M 2,690,000.00 06/30/2021 955-00000-104010 Check Total: 6,690,000.00 Vendor: 1585 XCEL ENERGY Check Sequence: 9 6/30/2021 51-9391437-3 - Prairie Center 217.91 06/30/2021 101-41941-438100 6/30/2021 51-6505909-4 - DMV/Food Shelf 214.69 06/30/2021 653-41990-438100 6/30/2021 51-6505915-2 - Parks 556.38 06/30/2021 101-45201-438100 6/30/2021 51-6505911-8 -MCC 8,437.51 06/30/2021 226-45126-438100 6/30/2021 51-6505912-9 - Animal Shelter 127.21 06/30/2021 101-42700-438100 6/30/2021 51-4271112-2 - Library 843.66 06/30/2021 101-45501-438100 6/30/2021 51-6505907-2 - Park Lots- auto protective 70.59 06/30/2021 101-43160-438100 6/30/2021 51-6505907-2 - Parking Lots 73.68 06/30/2021 101-43160-438100 6/30/2021 51-6505905-0 - Water 8,114.83 06/30/2021 601-49440-438100 6/30/2021 51-6505915-2 - Ice Rink 33% 83.78 06/30/2021 601-49440-438100 6/30/2021 ZZZNEP-IMPLEM- 51-6505908-3 16.67 06/30/2021 101-42500-438100 6/30/2021 51-6505911-8 - City Hall 1,862.83 06/30/2021 101-41940-438100 6/30/2021 51-6505914-1 - Shop/Garage 874.71 06/30/2021 101-43127-438100 6/30/2021 51-6505913-0 - Fire Station 802.21 06/30/2021 101-42200-438100 6/30/2021 51-7780310-4 - Bldg. Inspec. G 40.01 06/30/2021 101-41940-438100 6/30/2021 51-0623082-8 - MontiArts 231.12 06/30/2021 101-45204-438100 6/30/2021 51-6505915-2 - NSP- Softball 240.70 06/30/2021 101-45203-438100 6/30/2021 51-6505910-7 - Liquor Store 1,378.91 06/30/2021 609-49754-438100 6/30/2021 51-6505906-1 - Sewer 3,790.55 06/30/2021 602-49490-438100 6/30/2021 51-0395766-0 - Ramsey Pumphouse 4,319.42 06/30/2021 601-49440-438100 6/30/2021 51-6505911-8 - Senior Center 438.31 06/30/2021 101-45175-438100 6/30/2021 51-6572904-0- WWTP 13,443.83 06/30/2021 602-49480-438100 6/30/2021 51-6505915-2 - NSP- consc/sec. 72.73 06/30/2021 101-45203-438100 6/30/2021 51-6505916-3 - Street Lights 11,991.87 06/30/2021 101-43160-438100 6/30/2021 51-0371645-4 - SwanCam 18.78 06/30/2021 101-45201-438100 6/30/2021 51-6505911-8 - National Guard 219.16 06/30/2021 101-42800-438100 6/30/2021 51-6505913-0- Parks Bldg- 6th St. 342.61 06/30/2021 101-45201-438100 6/30/2021 51-13295413-8 - 103 Pine St 44.65 06/30/2021 213-46301-438100 6/30/2021 51-13295413-8 - Parks 20.65 06/30/2021 101-45201-438100 ACH Enabled: True ACH Enabled: True ACH Enabled: True AP -Computer Check Proof List by Vendor (07/01/2021 - 11:34 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 6/30/2021 51-13295413-8 - Water 20.65 06/30/2021 601-49440-438100 6/30/2021 51-13295413-8 -Streets 20.66 06/30/2021 101-43120-438100 6/30/2021 51-0013373403-2 - MontiArts 140.97 06/30/2021 101-45204-438100 6/30/2021 booked to AR -2,960.89 06/30/2021 101-00000-115030 6/30/2021 solar rewards credit -30,805.78 06/30/2021 101-41310-362140 Check Total: 25,305.57 Total for Check Run: 7,198,003.87 Total of Number of Checks: 9 The preceding list of bills payable was reviewed and approved for payment. Date: 7/12/2021 Approved by Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (07/01/2021 - 11:34 AM) Page 4 Accounts Payable CITY' OF Computer Check Proof List by Vendor Moiiii6effo User: Julie.Cheney Printed: 07/07/2021 - 1:56PM Batch: 00202.07.2021 - 202.07.2021 AP Invoice No Description Amount Payment Date Acct Number Reference Vendor: 5750 ALICIA MAI AMUNDSON Check Sequence: 1 ACH Enabled: False 7/2/2021 Farmers Market Token Collection Log - 7/1/21 15.00 07/13/2021 226-45127-431992 Check Total: 15.00 Vendor: 3491 ARTISAN BEER COMPANY Check Sequence: 2 ACH Enabled: False 309834 resale- beer credit inv. # 3474159 -30.75 07/13/2021 609-49750-425200 3481583 resale-beer 212.25 07/13/2021 609-49750-425200 Check Total: 181.50 Vendor: 4128 BANNERS.COM Check Sequence: 3 ACH Enabled: False 80621-1752 Riverfest Banners (2) 120.69 07/13/2021 101-45201-421990 Check Total: 120.69 Vendor: 5486 HEIDI BARTHEL Check Sequence: 4 ACH Enabled: False 7/2/2021 Farmers Market Token Collection Log - 6/24/21 25.00 07/13/2021 226-45127-431992 Check Total: 25.00 Vendor: 5762 MATTHEW BARTHEL Check Sequence: 5 ACH Enabled: True 063021 computer desk reimbursement 140.00 07/13/2021 101-43120-421990 Check Total: 140.00 Vendor: 1065 BELLBOY CORPORATION Check Sequence: 6 ACH Enabled: True 103496500 resale- mix 156.25 07/13/2021 609-49750-425400 103496500 resale- condiments 39.75 07/13/2021 609-49750-425500 103496500 asst. bags 274.20 07/13/2021 609-49754-421990 103496500 asst. bags 2.16 07/13/2021 609-49750-433300 89921800 resale-liquor 12,701.29 07/13/2021 609-49750-425100 89921800 resale- wine 100.00 07/13/2021 609-49750-425300 89921800 freight 161.09 07/13/2021 609-49750-433300 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 89989500 freight 10.63 07/13/2021 609-49750-433300 89989500 resale -liquor 486.15 07/13/2021 609-49750-425100 90039000 freight 93.00 07/13/2021 609-49750-433300 90039000 resale -liquor 9,263.66 07/13/2021 609-49750-425100 90039000 resale- wine 218.00 07/13/2021 609-49750-425300 90087800 freight 43.66 07/13/2021 609-49750-433300 90087800 resale -liquor 3,566.90 07/13/2021 609-49750-425100 90126700 resale -liquor 916.85 07/13/2021 609-49750-425100 Check Total: 28,033.59 Vendor: 1067 BERNICK'S Check Sequence: 7 225390 resale - beer credit -83.82 07/13/2021 609-49750-425200 225391 resale - soda pop 122.54 07/13/2021 609-49750-425400 225392 resale - beer n/a 125.00 07/13/2021 609-49750-425400 225392 resale - beer 2,462.03 07/13/2021 609-49750-425200 225393 Resale - pop, Gatorade, 465.76 07/13/2021 226-45125-425410 226167 resale - beer n/a 125.50 07/13/2021 609-49750-425400 227795 resale - soda pop 107.76 07/13/2021 609-49750-425400 227796 resale - beer n/a 405.00 07/13/2021 609-49750-425400 227796 resale - beer 2,202.65 07/13/2021 609-49750-425200 Check Total: 5,932.42 Vendor: 1079 BOYER TRUCKS ROGERS Check Sequence: 8 03P3537 shutoff valve shaft; o ring seal 59.53 07/13/2021 101-43120-422110 Check Total: 59.53 Vendor: 4328 BREAKTHRU BEVERAGE MN WINE & SPII Check Sequence: 9 340027494 resale -liquor 2,130.37 07/13/2021 609-49750-425100 340027494 resale- wine 280.00 07/13/2021 609-49750-425300 340027494 freight 31.49 07/13/2021 609-49750-433300 340027495 resale- beer 147.30 07/13/2021 609-49750-425200 340133254 resale- liquor 6,299.27 07/13/2021 609-49750-425100 340133254 resale- wine 297.89 07/13/2021 609-49750-425300 340133254 freight 82.50 07/13/2021 609-49750-433300 340133255 resale -beer 73.65 07/13/2021 609-49750-425200 Check Total: 9,342.47 Vendor: 4929 BUREAU OF CRIMINAL APPREHENSION Check Sequence: 10 06/21/2021 Background Checks (2) 66.50 07/13/2021 653-41990-431990 ACH Enabled: False ACH Enabled: True ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 3 Check Total: 66.50 Vendor: 1086 BURNHAM COMPANIES LLC Check Sequence: 11 ACH Enabled: True 5957 (18) yds. mulch picked up 243.00 07/13/2021 101-45201-422500 5961 (100) yds. playground chips 1,775.00 07/13/2021 101-45201-422500 5964 (100) yds. playground chips 1,775.00 07/13/2021 101-45201-422500 Check Total: 3,793.00 Vendor: 4646 CAPITOL BEVERAGE SALES L.P. Check Sequence: 12 ACH Enabled: True 2564380 resale -beer 16,526.49 07/13/2021 609-49750-425200 2564380 resale -beer n/a 194.80 07/13/2021 609-49750-425400 Check Total: 16,721.29 Vendor: 1106 CENTRAL MCGOWAN INC Check Sequence: 13 ACH Enabled: True 0000128190 (2) High Pressure Acetylene Cylinders (Med & - 9.00 07/13/2021 101-43127-421990 0000129382 Monthly Tank Rental 65.00 07/13/2021 226-45124-421600 Check Total: 74.00 Vendor: 5726 CENTRAL MINNESOTA MOW & SNOW Check Sequence: 14 ACH Enabled: False 1376 Riverside Cemetery 6/2021 service 2,250.00 07/13/2021 215-49010-431050 1376 Hillside Cemetery 6/2021 service- lawn & weed 625.00 07/13/2021 101-45201-431050 Check Total: 2,875.00 Vendor: 5248 CORNERSTONE FORD & CHRYSLER Check Sequence: 15 ACH Enabled: False 15338208 #155 - lock cylinder; socket asy. 46.22 07/13/2021 101-43120-422110 15338352 #155 - socket asy. 23.56 07/13/2021 101-43120-422110 15338358 #113 - fuel filler pipe 177.33 07/13/2021 101-43120-422110 Check Total: 247.11 Vendor: 1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 16 ACH Enabled: True 1417742 resale- beer 5,034.50 07/13/2021 609-49750-425200 1417742 resale- beer n/a 44.80 07/13/2021 609-49750-425400 1418809 resale- beer 203.10 07/13/2021 609-49750-425200 1419476 resale- liquor 738.00 07/13/2021 609-49750-425100 1419477 resale- beer 45,442.95 07/13/2021 609-49750-425200 1419477 resale- beer n/a 28.90 07/13/2021 609-49750-425400 1419637 resale- beer n/a 138.00 07/13/2021 609-49750-425400 1419637 resale- beer 1,417.60 07/13/2021 609-49750-425200 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 1421571 resale- beer 6,393.75 07/13/2021 609-49750-425200 1421571 resale -beer n/a 295.00 07/13/2021 609-49750-425400 1421819 resale- beer 585.90 07/13/2021 609-49750-425200 Check Total: 60,322.50 Vendor: 4394 DAXKO, LLC Check Sequence: 17 ACH Enabled: False INVI36148 Annual Spectrum/Daxko Software Fee 10,402.95 07/13/2021 226-45122-430900 Check Total: 10,402.95 Vendor: 5201 DICK FAMILY, INC. Check Sequence: 18 ACH Enabled: True 1172777 resale -liquor 570.00 07/13/2021 609-49750-425100 1172777 resale -beer 389.50 07/13/2021 609-49750-425200 1175064 resale -beer 127.65 07/13/2021 609-49750-425200 Check Total: 1,087.15 Vendor: 5545 DRASTIC MEASURES BREWING, LLC Check Sequence: 19 ACH Enabled: True 1397 resale- beer 328.00 07/13/2021 609-49750-425200 Check Total: 328.00 Vendor: 5271 RONALD DROPIK Check Sequence: 20 ACH Enabled: False 7/2/2021 Performance @ Fanners Market 7/22/21 200.00 07/13/2021 226-45127-431990 Check Total: 200.00 Vendor: 5306 ANDREW DUSZYNSKI Check Sequence: 21 ACH Enabled: False 7/2/2021 Emcee Music on Mississippi (3), Performance Ca 1,020.00 07/13/2021 226-45127-431990 Check Total: 1,020.00 Vendor: 1153 ECM PUBLISHERS INC Check Sequence: 22 ACH Enabled: True 841530 PH Rogosheske CUP Ad# 1145583 110.76 07/13/2021 101-41910-435100 841531 202110 -PH Monticello Meadows Ad# 114558` 119.99 07/13/2021 101-41910-435100 841532 202114 - PH MEH StonyBrook Village Variance 119.99 07/13/2021 101-41910-435100 841533 202121 - PH Deephaven Vacation Ad# 1146676 186.14 07/13/2021 101-41910-435100 Check Total: 536.88 Vendor: 4191 ELK RIVER GREENHOUSE LLC Check Sequence: 23 ACH Enabled: True 7/2/2021 Farmers Market Token Collection Log - 6/24 & ' 84.00 07/13/2021 226-45127-431992 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 5 Check Total: 84.00 Vendor: 5766 MITCHEL ELSENPETER Check Sequence: 24 ACH Enabled: False 7/2/2021 Performance @ Music on Mississippi 7/21/21 2,000.00 07/13/2021 226-45127-431990 Check Total: 2,000.00 Vendor: 2561 FERGUSON WATERWORKS #2516 Check Sequence: 25 ACH Enabled: False 476566 resale- (2) meter flg. kit 161.96 07/13/2021 601-49440-422710 Check Total: 161.96 Vendor: 4051 MICHELE FORSMAN Check Sequence: 26 ACH Enabled: False 180 Reimbursement - Class Craft Supplies (6/22 & 7 34.38 07/13/2021 101-00000-220150 181 Programs/Classes - June & July (4) 300.00 07/13/2021 101-00000-220150 Check Total: 334.38 Vendor: 3762 GARRETTS DIAMOND CITY BREAD Check Sequence: 27 ACH Enabled: True 7/2/2021 Farmers Market Token Collection Log - 6/24 & ' 53.00 07/13/2021 226-45127-431992 Check Total: 53.00 Vendor: 1413 GOPHER STATE ONE CALL INC Check Sequence: 28 ACH Enabled: True 1060601 (302) tickets June 2021- 1/2 Water 203.85 07/13/2021 601-49440-432770 1060601 (302) tickets June 2021- 1/2 Sewer 203.85 07/13/2021 602-49490-432770 Check Total: 407.70 Vendor: 1205 GRAINGER INC Check Sequence: 29 ACH Enabled: False 9943050386 Pleated Air Filters (24) 116.40 07/13/2021 656-00000-202099 Check Total: 116.40 Vendor: 5053 CAROLYN GRANGER Check Sequence: 30 ACH Enabled: True 06/25/2021 Reimburse Postage Paid 14.60 07/13/2021 653-41990-432200 Check Total: 14.60 Vendor: 1223 HAWKINS INC Check Sequence: 31 ACH Enabled: True 4963840 Polymer - Aqua Hawk - WWTP 9,648.66 07/13/2021 602-49480-421990 4967861 Alumium Sulfate Liquid - WWTP 6,344.90 07/13/2021 602-49480-421990 4969687 Hydro. Acid (262) gal. 1,536.77 07/13/2021 601-49440-421600 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 6 Check Total: 17,530.33 Vendor: 1242 HOLIDAY CREDIT OFFICE Check Sequence: 32 ACH Enabled: True 06/18/21 acct. # 1400-017-223-399 fuel slips 5/19-6/18/21 462.34 07/13/2021 101-42200-421200 Check Total: 462.34 Vendor: 5662 ALLISON HUNSLEY Check Sequence: 33 ACH Enabled: False Voucher #2 payment #2- Final mural project 4,000.00 07/13/2021 101-45204-431990 Check Total: 4,000.00 Vendor: 5512 HYDROCORP HYDRO -DESIGNS, INC. Check Sequence: 34 ACH Enabled: True 0062612 -IN Cross Connection Control Program - Insp & Rpt 741.00 07/13/2021 601-49440-431990 Check Total: 741.00 Vendor: 3971 INTL UNION OF OPER ENGINEERS LOCAL Check Sequence: 35 ACH Enabled: False August 2021 Health Insurance - Union - August 2021 19,875.00 07/13/2021 101-00000-217061 Check Total: 19,875.00 Vendor: 1245 JLA INDUSTRIAL EQUIPMENT Check Sequence: 36 ACH Enabled: False 71637 sandblasting kit; nozzle fix 255.59 07/13/2021 101-43120-421990 Check Total: 255.59 Vendor: 1263 JOHNSON BROTHERS LIQUOR CO. Check Sequence: 37 ACH Enabled: False 152274 freight credit inv. # 1779299 -0.75 07/13/2021 609-49750-433300 152274 resale - wine credit inv. # 1779299 -38.01 07/13/2021 609-49750-425300 152275 resale - wine credit inv. # 1803319 -12.67 07/13/2021 609-49750-425300 152275 freight credit inv. 4 1803319 -0.25 07/13/2021 609-49750-433300 152276 resale - liquor credit -10.37 07/13/2021 609-49750-425100 152277 resale - liquor credit inv. # 1804544 -69.66 07/13/2021 609-49750-425100 152277 resale - wine credit inv. # 1804544 -21.00 07/13/2021 609-49750-425300 1822426 resale- liquor 84.84 07/13/2021 609-49750-425100 1822426 freight 1.49 07/13/2021 609-49750-433300 1826744 resale- liquor 1,049.80 07/13/2021 609-49750-425100 1826744 freight 17.88 07/13/2021 609-49750-433300 1827607 resale - liquor 2,050.50 07/13/2021 609-49750-425100 1827607 freight 37.25 07/13/2021 609-49750-433300 1828485 resale - liquor 2,722.45 07/13/2021 609-49750-425100 1828485 freight 42.46 07/13/2021 609-49750-433300 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 1828486 freight 74.50 07/13/2021 609-49750-433300 1828486 resale- wine 2,502.37 07/13/2021 609-49750-425300 1828486 resale- mix 82.98 07/13/2021 609-49750-425400 1829745 freight 44.70 07/13/2021 609-49750-433300 1829745 resale- wine 1,457.25 07/13/2021 609-49750-425300 1833387 freight 107.29 07/13/2021 609-49750-433300 1833387 resale- liquor 7,232.35 07/13/2021 609-49750-425100 1833388 resale- wine 2,883.83 07/13/2021 609-49750-425300 1833388 freight 64.07 07/13/2021 609-49750-433300 1834655 resale- liquor 5,925.36 07/13/2021 609-49750-425100 1834655 freight 70.02 07/13/2021 609-49750-433300 1834656 freight 45.94 07/13/2021 609-49750-433300 1834656 resale- wine 1,967.79 07/13/2021 609-49750-425300 1834656 resale- wine n/a 28.00 07/13/2021 609-49750-425400 1834656 resale -juice 35.20 07/13/2021 609-49750-425500 Check Total: 28,375.61 Vendor: 2641 JOHNSON MATERIALS INC Check Sequence: 38 ACH Enabled: False 8003 (88.06) Class 5 base 554.78 07/13/2021 101-43120-422400 Check Total: 554.78 Vendor: 1273 KIWI KAI IMPORTS, INC. Check Sequence: 39 ACH Enabled: False 132219 resale- wine 2,056.50 07/13/2021 609-49750-425300 132219 freight 28.75 07/13/2021 609-49750-433300 Check Total: 2,085.25 Vendor: 5765 KRAUS ANDERSON Check Sequence: 40 ACH Enabled: False 46593 Drone & Video Production Block 53 & 4th St 501.00 07/13/2021 213-46301-434990 Check Total: 501.00 Vendor: 3829 STEVE LANGANKI Check Sequence: 41 ACH Enabled: True 1391 Porta Toilet rentals - May 2021 service 1,818.75 07/13/2021 101-45201-431901 1392 Porta Toilet rentals - June 2021 service 2,075.00 07/13/2021 101-45201-431901 Check Total: 3,893.75 Vendor: 3933 CHARLES LONG Check Sequence: 42 ACH Enabled: False 7/2/2021 Farmers Market Token Collection Log - 6/24 & ' 86.00 07/13/2021 226-45127-431992 Check Total: 86.00 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 5457 LUCID BREWING, LLC Check Sequence: 43 ACH Enabled: True 11025 resale- beer 127.00 07/13/2021 609-49750-425200 Check Total: 127.00 Vendor: 4456 LUPULIN BREWING LLC Check Sequence: 44 ACH Enabled: True 37995 resale- beer 1,076.20 07/13/2021 609-49750-425200 38162 resale- beer 231.01 07/13/2021 609-49750-425200 Check Total: 1,307.21 Vendor: 1303 M AMUNDSON CIGAR & CANDY CO, LLP Check Sequence: 45 ACH Enabled: True 323433 resale- cigarettes; juice 2,787.60 07/13/2021 609-49750-425500 323433 resale- cigars; tobacco; soda pop; barware 651.48 07/13/2021 609-49750-425400 Check Total: 3,439.08 Vendor: 3745 MANSFIELD OIL COMPANY Check Sequence: 46 ACH Enabled: True 22450869 (389) gal. these 1@ $2.841 1,104.97 07/13/2021 101-43120-421200 22450870 (590) gal. unleaded @ $2.741 1,617.21 07/13/2021 101-43120-421200 Check Total: 2,722.18 Vendor: 1726 MARCO TECHNOLOGIES Check Sequence: 47 ACH Enabled: False 447029737 6/24/21 - 7/24/21 - Contract Payment 1,243.98 07/13/2021 702-00000-441500 447029737 Supply Freight Fee 35.00 07/13/2021 702-00000-441500 INV8864739 Microsoft 0365 Contract Payment Bal Due 6/16, 185.51 07/13/2021 702-00000-431990 INV8878310 Trend Micro Security Subscription Licenses (80) 2,774.40 07/13/2021 702-00000-431990 Check Total: 4,238.89 Vendor: 3833 CLAUDIA MENZEL Check Sequence: 48 ACH Enabled: False 2021 plants Adopt -a -Park- rembrs. (8) asst. plants from F. Fa 114.18 07/13/2021 101-45201-440900 Check Total: 114.18 Vendor: 1827 MIDWEST LANDSCAPES Check Sequence: 49 ACH Enabled: False 2678 (2) 2" espresso coffeetree 652.00 07/13/2021 101-43120-421990 Check Total: 652.00 Vendor: 5719 MIDWEST SOUND AND STAGE INC Check Sequence: 50 ACH Enabled: False 7/2/2021 Final Payment for 7/21/21 Music on the Mississi 250.00 07/13/2021 226-45127-431990 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 9 Check Total: 250.00 Vendor: 4216 MINNESOTA EQUIPMENT Check Sequence: 51 ACH Enabled: False P51152 gaskets; valves; o ring 23.15 07/13/2021 101-45201-422990 P51713 accelerator 82.66 07/13/2021 101-45201-422990 P51714 engine cylinder head gasket 12.06 07/13/2021 101-45201-422990 Check Total: 117.87 Vendor: 2653 MINNESOTA SECRETARY OF STATE - NOTE Check Sequence: 52 ACH Enabled: False 6/30/2021 Notary Commission Application (AE) 120.00 07/13/2021 653-41990-431990 Check Total: 120.00 Vendor: 1738 MN DEPT OF HEALTH Check Sequence: 53 ACH Enabled: False Qtr.2 2021 ccommunity Water Supply Serv. Conn.fee - Qtr. 10,957.00 07/13/2021 601-49440-443750 Check Total: 10,957.00 Vendor: 1743 CITY OF MONTICELLO Check Sequence: 54 ACH Enabled: False 10/22/2020 Bulletin Board Fabric 15.05 07/13/2021 226-45122-421990 5/21/2021 Sod Rolls (12) 60.00 07/13/2021 101-43120-422400 5/7/2021 Sod Rolls (8) 40.00 07/13/2021 101-43120-422400 Check Total: 115.05 Vendor: 1370 MONTICELLO DEPUTY REG #002 Check Sequence: 55 ACH Enabled: False 06/23/2021 Registration & Plate Fee - Blazer Facility Maint 40.00 07/13/2021 701-00000-443990 7/2/2021 Duplicate Tabs for Volks Beetle 12.50 07/13/2021 101-45201-443990 Check Total: 52.50 Vendor: 2512 MONTICELLO PLBG HTG AC LLC Check Sequence: 56 ACH Enabled: False 23062 Labor - Annual Test 2" Pressure Vacuum Breake 120.00 07/13/2021 701-00000-431990 23063 Labor - Annual Test 1.25" Pressure Vacuum Brei 100.00 07/13/2021 701-00000-431990 Check Total: 220.00 Vendor: 2042 MORRIE'S BUFFALO FORD MERCURY Check Sequence: 57 ACH Enabled: False 523298 #209 - regulator: handle- window 94.73 07/13/2021 101-45201-422990 Check Total: 94.73 Vendor: 1390 MTI DISTRIBUTING INC Check Sequence: 58 ACH Enabled: True AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference 1309696-00 (2) element filter 110.69 07/13/2021 101-45201-422990 1310399-00 (2) 640 series Roter nozzle 253.55 07/13/2021 101-45201-422990 Check Total: 364.24 Vendor: 1913 NEW FRANCE WINE Check Sequence: 59 ACH Enabled: False 175246 resale - wine 146.50 07/13/2021 609-49750-425300 Check Total: 146.50 Vendor: 4472 NOVAK FLECK INC Check Sequence: 60 ACH Enabled: False 7/6/2021 21D001 - Reduction of Security - Featherstone 5 493,541.84 07/13/2021 101-00000-220110 Check Total: 493,541.84 Vendor: 1411 OLSON & SONS ELECTRIC INC Check Sequence: 61 ACH Enabled: True 61204 Labor - School Blvd- trblst. pole light 157.50 07/13/2021 101-43160-440440 61204 parts- School Blvd- trblst. pole light 60.00 07/13/2021 101-43160-440440 61352 Labor - School Blvd- trblst. pole light- 150W LE 157.50 07/13/2021 101-43160-440440 61352 Parts - School Blvd- trblst. pole light- 150W LEI 342.35 07/13/2021 101-43160-440440 Check Total: 717.35 Vendor: 1412 OMANN BROTHERS INC Check Sequence: 62 ACH Enabled: False 15171 (2.02) LV5 2350 157.56 07/13/2021 101-43120-422400 15178 (2) LV5 2350 156.00 07/13/2021 101-43120-422400 15210 (2.01) LV5 2350 156.78 07/13/2021 101-43120-422400 15221 (74.21 ) SPWEA240B 4,305.66 07/13/2021 101-43120-422400 15225 (2 ) AC fines mix 166.00 07/13/2021 101-43120-422400 15228 (6) AC fines mix 498.00 07/13/2021 101-43120-422400 Check Total: 5,440.00 Vendor: 1417 OSC OXYGEN SERVICE COMPANY Check Sequence: 63 ACH Enabled: True 3499062 ind. large - Shop 13.20 07/13/2021 101-43127-421990 3499507 ind. large; ind. med. - Parks 39.60 07/13/2021 101-45201-421990 Check Total: 52.80 Vendor: 1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 64 ACH Enabled: False 6224957 resale- liquor 1,719.35 07/13/2021 609-49750-425100 6224957 freight 17.02 07/13/2021 609-49750-433300 6226055 freight 61.09 07/13/2021 609-49750-433300 6226055 resale - liquor 4,782.66 07/13/2021 609-49750-425100 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference 6226056 resale - wine 1,146.97 07/13/2021 609-49750-425300 6226056 resale -liquor 175.25 07/13/2021 609-49750-425100 6226056 freight 40.23 07/13/2021 609-49750-433300 6229011 freight 37.25 07/13/2021 609-49750-433300 6229011 resale- liquor 1,680.00 07/13/2021 609-49750-425100 6230076 freight 44.70 07/13/2021 609-49750-433300 6230076 resale- liquor 2,711.45 07/13/2021 609-49750-425100 6230077 resale -liquor 204.00 07/13/2021 609-49750-425100 6230077 resale- wine 732.93 07/13/2021 609-49750-425300 6230077 resale- mix 218.00 07/13/2021 609-49750-425400 6230077 freight 29.18 07/13/2021 609-49750-433300 Check Total: 13,600.08 Vendor: 5454 PROFESSIONAL CLEANING SERVICES LLC Check Sequence: 65 ACH Enabled: False 1087 Cleaning Services - June 2021 - Head End 380.00 07/13/2021 656-00000-202099 1087 Cleaning Services - June 2021 - Prairie Center 420.00 07/13/2021 101-41941-431100 1087 Cleaning Services - June 2021 - Library 1,560.00 07/13/2021 101-45501-431100 1087 Cleaning Services - June 2021 - City Hall 490.00 07/13/2021 101-41940-431100 1087 Cleaning Services - June 2021 - Parks Bldg 450.00 07/13/2021 101-45201-431100 Check Total: 3,300.00 Vendor: 5763 QUADIENT INC Check Sequence: 66 ACH Enabled: False 40172774 Brush & Sponge Kit for Postage Machine 26.00 07/13/2021 101-41310-421990 Check Total: 26.00 Vendor: 5362 QUALITY FORKLIFT SALES & SERVICE, IN Check Sequence: 67 ACH Enabled: False 159035 (2) hydr. filter; oil filter 85.45 07/13/2021 101-45201-422990 Check Total: 85.45 Vendor: 1450 RAILROAD MANAGEMENT CO III LLC Check Sequence: 68 ACH Enabled: False 441842 License Fees - Sewer Pipeline Crossing 10/21-1( 284.85 07/13/2021 602-49490-431990 441845 License Fees - 10/17/21 - 10/16/22 License #301 284.85 07/13/2021 663-49200-431990 Check Total: 569.70 Vendor: 5304 REINDERS INC. Check Sequence: 69 ACH Enabled: False 1887201 Donation Soccer Club- diaphragm valve 290.75 07/13/2021 101-45201-421990 3080806 Donation Soccer Club- 1-1/2" diaphragm valve 291.27 07/13/2021 101-45201-421990 Check Total: 582.02 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 4022 REINHART FOODSERVICE LLC Check Sequence: 70 ACH Enabled: True 653100 Food for Concession Resale 1,061.70 07/13/2021 226-45125-425410 660167 Ketchup Packets for Block Party 65.90 07/13/2021 101-45130-444210 660167 Food for Concession Resale 394.72 07/13/2021 226-45125-425410 Check Total: 1,522.32 Vendor: 5010 RUM RIVER VENTURES LLC Check Sequence: 71 ACH Enabled: False 392 Contract Inspection Services - June 2021 1,260.00 07/13/2021 101-42400-431990 Check Total: 1,260.00 Vendor: 3751 CHRISTINE SCHYMA Check Sequence: 72 ACH Enabled: False 7/2/2021 Farmers Market Token Collection Log - 6/24/21 143.00 07/13/2021 226-45127-431992 Check Total: 143.00 Vendor: 4148 SHERWIN WILLIAMS CO. #3442 Check Sequence: 73 ACH Enabled: False 9341-7 (2) gal. paint for tables 98.52 07/13/2021 101-45201-421990 Check Total: 98.52 Vendor: 4975 JOSEPH SIMON Check Sequence: 74 ACH Enabled: False 7/1/2021 Performance @ Music on Mississippi 7/14/21 500.00 07/13/2021 226-45127-431990 Check Total: 500.00 Vendor: 5748 LUCAS SJOSTROM Check Sequence: 75 ACH Enabled: False 7/2/2021 Farmers Market Token Collection Log - 6/24/21 38.00 07/13/2021 226-45127-431992 Check Total: 38.00 Vendor: 5211 RANDI ANN SMELSER Check Sequence: 76 ACH Enabled: False July 1st Semi Monthly Contract Payment 1,622.25 07/13/2021 101-42700-431200 Check Total: 1,622.25 Vendor: 3309 SOUTHERN GLAZER'S WINE AND SPIRITS. Check Sequence: 77 ACH Enabled: False 2095218 freight 0.23 07/13/2021 609-49750-433300 2095219 freight 0.23 07/13/2021 609-49750-433300 2095220 freight 11.55 07/13/2021 609-49750-433300 2095220 resale- liquor 1,044.34 07/13/2021 609-49750-425100 2095221 resale- wine 2,067.62 07/13/2021 609-49750-425300 2095221 freight 41.19 07/13/2021 609-49750-433300 2097857 freight 22.87 07/13/2021 609-49750-433300 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference 2097857 resale- liquor 2,354.63 07/13/2021 609-49750-425100 2097858 resale- wine 1,457.00 07/13/2021 609-49750-425300 2097858 freight 35.70 07/13/2021 609-49750-433300 Check Total: 7,035.36 Vendor: 4503 SPECTRUM SPORTS INT'L Check Sequence: 78 ACH Enabled: False INV -17439 Annual Rock Wall & Belay Inspection; Carabinc 523.00 07/13/2021 226-45126-440100 Check Total: 523.00 Vendor: 4513 AARON STAEHNKE Check Sequence: 79 ACH Enabled: True 7/2/2021 Farmers Market Token Collection Log - 6/24/21 60.00 07/13/2021 226-45127-431992 Check Total: 60.00 Vendor: 1507 STREICHERS INC Check Sequence: 80 ACH Enabled: False 1509546 uniform- jacket; pants; (2) shirts, shoes; etc. 610.90 07/13/2021 101-42200-421120 Check Total: 610.90 Vendor: 5749 THOUSAND HILLS CATTLE CO Check Sequence: 81 ACH Enabled: True 7/2/2021 Farmers Market Token Collection Log - 7/1/21 45.00 07/13/2021 226-45127-431992 Check Total: 45.00 Vendor: 2614 TITAN MACHINERY Check Sequence: 82 ACH Enabled: False 15705679 #117 - belt tensioner; v -belt- Tax Exempt 298.51 07/13/2021 101-43120-422100 Check Total: 298.51 Vendor: 4859 TRIO SUPPLY COMPANY Check Sequence: 83 ACH Enabled: False 690031 (2) cs. nitrile glv.; floor finish; (2) cs. disinfectan 934.70 07/13/2021 101-45201-421990 Check Total: 934.70 Vendor: 4248 ALEAH TUCKER Check Sequence: 84 ACH Enabled: False 7/2/2021 Performance @ Farmers Market 7/15/21 100.00 07/13/2021 226-45127-431990 Check Total: 100.00 Vendor: 1952 VEIT COMPANIES Check Sequence: 85 ACH Enabled: False 7/7/21 refund refund Water Use Permit - Dep $2000 - $42.95 u 2,000.00 07/13/2021 601-49440-371120 7/7/21 refund refund Water Use Permit - Dep $2000 - $42.95 u -40.00 07/13/2021 601-49440-371120 7/7/21 refund refund Water Use Permit - Dep $2000 - $42.95 u -2.95 07/13/2021 601-00000-208100 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 14 Check Total: 1,957.05 Vendor: 1550 VEOLIA WATER N AM OPERATING SERV L. Check Sequence: 86 ACH Enabled: True 90286732 Aug 2021 - WWTP Operations & Maintenance 62,559.50 07/13/2021 602-49480-430800 Check Total: 62,559.50 Vendor: 1552 VIKING COCA COLA BOTTLING CO Check Sequence: 87 ACH Enabled: True 2714724 resale - soda pop 322.60 07/13/2021 609-49750-425400 2726422 resale - soda pop 610.15 07/13/2021 609-49750-425400 Check Total: 932.75 Vendor: 1684 VINOCOPIA Check Sequence: 88 ACH Enabled: True 281705 resale- wine 728.00 07/13/2021 609-49750-425200 281705 resale- mix 120.00 07/13/2021 609-49750-425400 281705 resale -liquor 82.50 07/13/2021 609-49750-425100 281705 freight 22.50 07/13/2021 609-49750-433300 282173 resale- wine 152.00 07/13/2021 609-49750-425300 282173 resale- liquor 198.50 07/13/2021 609-49750-425100 282173 resale- mix 48.00 07/13/2021 609-49750-425400 282173 freight 12.50 07/13/2021 609-49750-433300 Check Total: 1,364.00 Vendor: 1572 THE WINE COMPANY Check Sequence: 89 ACH Enabled: True 176249 resale - liquor 578.00 07/13/2021 609-49750-425100 176249 resale - wine 332.00 07/13/2021 609-49750-425300 176249 freight 11.55 07/13/2021 609-49750-433300 Check Total: 921.55 Vendor: 5635 WK & ASSOCIATES LLC Check Sequence: 90 ACH Enabled: False July Monthly Storage Rent- July (1/3) 200.00 07/13/2021 101-45201-443990 July Monthly Storage Rent- July (1/3) 200.00 07/13/2021 101-43120-443990 July Monthly Storage Rent- July (1/3) 200.00 07/13/2021 101-43125-443990 Check Total: 600.00 Vendor: 1577 WRIGHT CO AUDITOR-TREAS - ACH Check Sequence: 91 ACH Enabled: True July July 2021 - Deputies Contract 129,301.25 07/13/2021 101-42100-430500 Check Total: 129,301.25 AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 1584 WSB & ASSOCIATES INC Check Sequence: 92 R011744-000 32 16C001 - Phase 1 BCOL Design - May 2021 1,269.00 07/13/2021 404-45202-453011 R011923-000 25 20D002 - Haven Ridge Plan Review - May 2021 206.50 07/13/2021 101-00000-220110 R016870-000 8 Risk Assessment - May 2021 717.50 07/13/2021 601-49440-431990 R016875-000 9 200005 PRELIM - Monticello WTP Feasibility: 1,477.60 07/13/2021 601-49440-430300 R016914-000 2 2021 General Engineering Services - May 2021 844.00 07/13/2021 101-43111-431990 R017007-000 8 21D002 - Weinand Edmonson Ridge PUD Prelir 17,383.25 07/13/2021 101-00000-220110 R017170-000 7 21D001 - Featherstone 5th Development Plan -1 7,501.50 07/13/2021 101-00000-220110 R017360-000 3 2021 WCA Services - May 2021 122.50 07/13/2021 101-43111-430300 R017379-000 4 2021 Maps - May 2021 1,072.00 07/13/2021 101-43111-430300 R017380-000 4 2021 GIS Support Services - May 2021 1,509.25 07/13/2021 702-00000-431990 R017641-000 5 2021 Economic Development Services - Special 850.00 07/13/2021 213-46301-431993 R017641-000 5 2021 Economic Development Services - May 20 1,292.00 07/13/2021 213-46301-431990 R017780-000 2 21C002 CONSTR - MS4 Reissuance TMDL Ase 394.00 07/13/2021 652-49880-431990 R017840-000 3 202107 - StorageLink Chelsea Rd Plan Review - 174.00 07/13/2021 101-00000-220110 R017879-000 3 202109 - Haven Ridge 2nd Final Plat Review - I 1,118.00 07/13/2021 101-00000-220110 R017991-000 3 202041 - Chelsea Commons Project - May 2021 47,671.50 07/13/2021 101-41910-431990 R018243-000 1 202119 - Deephaven 2nd Addition - May 2021 1,265.75 07/13/2021 101-00000-220110 R018305-000 1 202114 - MED StonyBrook Village PUD Plan R, 266.75 07/13/2021 101-00000-220110 Check Total: 85,135.10 Total for Check Run: 1,063,573.70 Total of Number of Checks: 92 The preceding list of bills payable was reviewed and approved for payment. Date: 7/12/21 Approved by: Mayor Lloyd Hilgart ACH Enabled: True AP -Computer Check Proof List by Vendor (07/07/2021 - 1:56 PM) Page 15 City Council Agenda: 07/12/2021 2B. Consideration of approving new hires and departures for City departments Prepared by: Meeting Date: ❑ Regular Agenda Item Human Resources Manager 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve new hires and departures for city departments. REFERENCE AND BACKGROUND The Council is asked to ratify the attached list of new hires and departures for the City. This listing includes full-time, part-time, seasonal, and temporary employees. The listing may also include status changes and promotions. Budget Impact: Positions are generally included in the budget. II. Staff Workload Impact: If new position, there may be some training involved. If terminated position, existing staff will cover hours as needed, until replacement. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of new hires and departures as identified on the attached list. SUPPORTING DATA • List of new hires and terminated employees. NEW EMPLOYEES Name Title Department Hire Date Michele Benson Clerk Liquor Store 6/21/21 Luther Gunderson Clerk Liquor Store 6/22/21 Robert Kissinger Clerk Liquor Store 6/25/21 Carson Callstrom Climbing Wall MCC 6/28/21 Addison Daluge Guest Service MCC 6/30/21 Hadley Branson Lifeguard MCC 7/1/21 Name Mai Lor Jacob Thunander TERMINATING EMPLOYEES Reason Department Last Day Voluntary DMV 6/22/21 Voluntary Community Dev. 7/20/21 New Hire and Terms City Council 2021: 7/7/2021 PT PT PT PT PT PT PT FT Class Class City Council Agenda: 07/12/2021 2C. Consideration of approving the sale or disposal of surplus City property Prepared by: Meeting Date: ❑ Regular Agenda Item N/A 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: N/A N/A There is no report this City Council Cycle. City Council Agenda: 07/12/2021 2D. Consideration of approving Resolution 2021-46 accepting grant funding of $4,000 from the Central Minnesota Arts Board Creative Surmort for Walnut Street green saace art installation Prepared by: Meeting Date: ❑ Regular Agenda Item City Clerk 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Parks Superintendent, MontiArts City Administrator Consultant ACTION REQUESTED Motion to adopt Resolution 2021-46 accepting a $4,000 grant from the Central Minnesota Arts Board for art installation in the green space along Walnut Street. REFERENCE AND BACKGROUND As required by state statute, if the City accepts a grant, the City Council needs to adopt a resolution specifying the amount of the grant and its use. MontiArts was awarded a $5,000 grant from CMAB for the installation of art in the green space along Walnut Street. They received $4,000 of the grant. The installation is being built by artist Ali Yaeger, along with local community members and artist volunteers. It is expected to be complete by mid-August and will be up through the summer of 2022. At that time, the project will be assessed and left up longer or re -installed somewhere else. There is no local match for this grant. STAFF RECOMMENDED ACTION City staff recommends approval of the resolution accepting the grant. SUPPORTING DATA A. Resolution 2021-46 B. Map showing project area CITY OF MONTICELLO WRIGHT COUNCTY, MINNESOTA RESOLUTION NO. 2021-46 RESOLUTION ACCEPTING GRANT FUNDING FROM THE CENTRAL MINNESOTA ARTS BOARD IN THE AMOUNT OF $4,000 WHEREAS, The City of Monticello applied for a grant from the Central Minnesota Arts Board for $5,000 for Walnut Street green space art installation; and WHEREAS, The City of Monticello was notified by the Central Minnesota Arts Board that the City received a grant award for Walnut Street green space art installation of $4,000; WHEREAS, the City of Monticello received 80% of the grant in the amount of $5,000 with remainder being paid on completion. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: That the City Council authorizes accepting grant funding of $5,000 from Central Minnesota Arts Board. Adopted by the Monticello City Council this 12th day of July, 2021. Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk Art Grant Map 4W 446 IZMonticello CITY OF dirP 4 01 4W Or 1in=94 ft N A July 8, 2021 Map Powered By DataLink WS%, City Council Agenda: 07/12/2021 2E. Consideration of approving temporary waiver of outdoor noise restrictions for Nordic Brewing for outdoor concerts Prepared by: Meeting Date: ❑ Regular Agenda Item City Clerk 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Community Development Director City Administrator ACTION REQUESTED Motion to approve the temporary waiver of outdoor noise restrictions for Nordic Brewing, 542 Cedar Street, for three outdoor concerts. REFERENCE AND BACKGROUND Nordic Brewing applied for a Special Event Permit for a series of four outdoor concerts. These concerts are planned for the front parking lot area on July 10, July 17, August 7, and September 11. Staff approved the permit contingent that the music expire by 9:00 p.m. in compliance with Zoning Code Chapter 25, Section 5.3 (D)(25)(ii) — No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m. Nordic Brewing has requested this time restriction be waived until 10:00 p.m. If waived, the 10:00 p.m. would apply to the last three concerts. The application and site map are attached. STAFF RECOMMENDED ACTION City staff recommends approval of the temporary waiver of outdoor noise restrictions for Nordic Brewing for three outdoor concerts. I•��I J Z�I :i � t ► [�l 7e� �e1 A. Special Event Permit Application B. Map C. Certificate of Liability I T Monticeflo CITY OF MONTICELLO City Clerk 505 Walnut Street, Suite 1 Special Event Permit Monticello, MN 55362 Application Checklist (763) 295-2711 iiifo(m',ci.nloi}ticello.mn.us Complete Application Required The review and consideration of an application submitted shall only occur if such application includes all items that are required in support of the application and is deemed complete by the City Clerk's Office. Application Submission Schedule Application, required information, and payment must be submitted no later than 30 working days prior to desired approval date. Application Information Applicants shall note that in addition to a special event permits, any liquor license or permit, sign permits and building permits for tents may also be required and are not included within the special event permit application and approval. Any requested use of City facilities, City staff resources, City equipment, and/or City property (including rights of way) and/or any requested waiver of application fee or park rental fees requires review and approval by the City Council. In addition, events which occur after 10 PM may requires review and approval by the City Council as related to noise ordinances. Please provide clear information in the application regarding these requests. 1 qy. Gom i Y �� N,� � - 4u�`�^"Si'h_- -:X .. m..,.':f"'.. _ Property Address �, C Holov+i Property Legal Description Property ID Number 15"57 6,00 t t ki 7.0t W M01,w ~ Owner Name Iz a.4itc ogre -- H oh+i c e(t o H oW t✓ �• Owner Address I k o 1 is %"%% R -d f%%'a l�'ilEl sok 3 q Owner Phone 6 5 r-'vV 01> Z 6 Owner Email �$tAU. GAS izKV% e4j4 .G0M :_ �r _ c T1, 'tK, ala z a Applicant Name Zac( Ott Ad Applicant Address Z(Z� 4- p i�G 5.53 Z Applicant Phone 763 - 656- 3370 Applicant Email qc.4 Name of Event ;ve. iG 0&4-5!c/,L, poll 'Location/Address of Event 30 Ce, icc. 5S -3t 7, Dates & Times of Event to L I -- 7wz 1 -"' Z 1 — q1t (/'Z I Complete Application Required The review and consideration of an application submitted shall only occur if such application includes all items that are required in support of the application and is deemed complete by the City Clerk's Office. Application Submission Schedule Application, required information, and payment must be submitted no later than 30 working days prior to desired approval date. Application Information Applicants shall note that in addition to a special event permits, any liquor license or permit, sign permits and building permits for tents may also be required and are not included within the special event permit application and approval. Any requested use of City facilities, City staff resources, City equipment, and/or City property (including rights of way) and/or any requested waiver of application fee or park rental fees requires review and approval by the City Council. In addition, events which occur after 10 PM may requires review and approval by the City Council as related to noise ordinances. Please provide clear information in the application regarding these requests. 1 qy. Gom Special Event Temporary Use Permit Approval Criteria Approval of a Special Event Permit shall only be granted once the City Clerk has determined the use shall: • Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; • Be compatible with the principal uses taking place on the site; • Not have substantial adverse effects or noise impacts on nearby residential neighborhoods; • Not include permanent alterations to the site; • Not maintain temporary signs associated with the use or structure after the activity ends; • Not violate the applicable conditions of approval that apply to a site or use on the site; • Not interfere with the normal operations of any permanent use located on the property; and • Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands. • Not create an unreasonable risk of significant: 1. Damage to public or private property, beyond normal wear and tear; 2. Injury to persons; 3. Public or private disturbances or nuisances; 4. Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; 5. Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and 6. Other adverse effects upon the public health, safety, or welfare. The special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event. The special event shall not conflict with another permitted special event at the same location in a manner that will negatively impact the public health, welfare, or safety. Special Event Temporary Use Permit Conditions of Approval In approving the Special Event Permit, the City Clerk's Office is authorized to impose such conditions upon the issuance of the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The Community Development Department is authorized, where appropriate, to require: 1. Provision of temporary parking facilities, including vehicular access and egress. 2. Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat. 3. Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards. 4. Provision of sanitary and medical facilities. 5. Provision of solid waste collection and disposal. 6. Provision of security and safety measures. 7. Use of an alternative location or date for the proposed special event. 8. Modification or elimination of certain proposed activities. 9. Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection. 10. Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition. 3 H„Stfietd's ManuceltoMdOL— *,„'"p r lake N E3ahe. P;zi 41 r _ IxthaStree Station ,r L i, t soh 4 sw oog ....OIN& TWFIun_1 np In- RS f%^11CMA/2cc r MDTIVU'ATG KItInnRGD• RFVI.RInN NIIMRFR- vvv �v- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 06123/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 952-469-5502 Miller Hartwig Insurance 20960 Holyoke Avenue Lakeville, MN 55044 CONTACT Richard S. McIntosh PHONE 952-469-5502 FAX 952-469-1881 AIC No, Ext): AIC, No): E-MAIL rmcintosh@millerhartwig.com INSURERS AFFORDING COVERAGE NAIC # Richard S. McIntosh INSURER A:Society Insurance Company EACH OCCURRENCE $ 1,000,000 INSURED The Nordic Brewing Co., LLC INSURER B: CLAIMS -MADE u OCCUR 530 Cedar St. INSURER C: INSURER D: Monticello, MN 55362-8403 INSURER E: MED EXP (Any oneperson) $ 5'000 INSURER F: f%^11CMA/2cc r MDTIVU'ATG KItInnRGD• RFVI.RInN NIIMRFR- vvv �v- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 $ CLAIMS -MADE u OCCUR BP20018812 06/01/2021 06/01/2022 MED EXP (Any oneperson) $ 5'000 PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- [—]LOC JECT GENERAL AGGREGATE $ 2'080'000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY (Ea ac den SINGLE LIMIT $ BODILY INJURY Perperson) $ ANY AUTO BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE PER R T E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N I A E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below A Liquor Liability LL20018813 06/01/2021 06/01/2022 10ccurence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The liquor liability insurance coverage is continuous until cancelled. Liquor liability covers the brewery, patio and parking lot. CMTIC1h ATC U ncD f`AAI(`FI I ATI[/KI ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Monticello THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 505 Walnut St Monticello, MN 55362 AUTHORIZED REPRESENTATIVE dztJ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD The Nordic Brewing has scheduled out door shows in our front parking lot on the following dates. 7/10 - 7/17 - 8/7. We also have our annual Full Tilt Boogie show on 9/11 in our rear parking lot. For our events we will be fencing off the outdoor areas with orange snow fencing. We have the room to still accommodate all of the parking for these events. For the 7/10 and 7/17 shows they will be ticketed events with wristbands. For the 8/7 show we are doing a free show for the community and paying for the band and production on our own. The Full Tilt boogie show used to be held in Minneapolis for the last 12 years or so and this will be the 3rd year of it being held at our location. This event brings a lot of new people to the area and it has run smooth every other year but I figured the city would appreciate me pulling a permit for it since it is always held outside. All of these events will be following the noise ordinances and they will be done by 10pm at the latest. We will not be setting up any tents. We usually set up our portable serving station that we use at brew fest near our front or rear patio locations. Our overall goal is to have an awesome place for the community to come and see some live music entertainment along with bringing people from out of town into Monticello. My hopes are that with throwing a couple big shows in our front lot people will see that we are here and working hard to give them a fun experience. We need all of the support we can get in our back little corner that's kind of off the beaten path. w K. 7 rn N CSt N O N O Q fC dq • O ir) W C ,n-' • • • • • ' cn Cil 0i7 j CQ x x x x C a CD 9D, m °' o v o o v CL p CD oo N N us 3 0 a .o CD m rn N Ul N O N m r 0 a 0' CD 0 City Council Agenda: 07/12/2021 2F. Consideration of adopting Resolution 2021-47 accepting donations for the 2021 Walk & Roll event Prepared by: Meeting Date: ❑ Regular Agenda Item City Clerk 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Community & Economic Development City Administrator Coordinator $150 ACTION REQUESTED Motion to adopt Resolution 2021-47 accepting donations for Walk & Roll. REFERENCE AND BACKGROUND As required by state statute, the City Council must adopt a resolution specifying the amount of the donations and their use. The City received multiple donations for the Walk & Roll bike giveway held on June 12. Donations for the Walk & Roll bikes were cash donations to purchase bikes. Below is a list of donors and the amounts they donated (a donation of $150 is considered one bike): • Dungarvin $450 • VonHanson $150 • WSB $150 • Smith, Paulson, O'Donnell, Erickson $150 • Walmart $150 • Just Drive, Inc. $150 • Healing Moments Counseling $150 • RiverWood Bank $150 • Berkshire Hathaway HomeServices $150 • Monticello Fire Department $150 • SERVPRO of Wright County $150 • Stellis Health $300 • Studer Chiropractic $150 • Cruz -Longley Team/Edina Realty $150 • Keller Williams $150 • Edina Realty $150 • State Farm Insurance $150 City Council Agenda: 07/12/2021 • Alive Lutheran Church $150 • H Brothers Painting $300 STAFF RECOMMENDED ACTION City staff recommends approval of the resolution accepting the donations. SUPPORTING DATA • Resolution 2021-47 City of Monticello RESOLUTION NO. 2021-47 RESOLUTION APPROVING CONTRIBUTIONS FOR THE WALK & ROLL FESTIVAL WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Dungarvin Cash $450 VonHanson Cash $150 WSB Cash $150 Smith, Paulson, O'Donnell, Erickson Cash $150 Walmart Cash $150 Just Drive, Inc. Cash $150 Healing Moments Counseling Cash $150 RiverWood Bank Cash $150 Berkshire Hathaway HomeServices Cash $150 Monticello Fire Department Cash $150 SERVPRO of Wright County Cash $150 Stellis Health Cash $300 Studar Chiropractic Cash $150 Cruz -Longley Team/Edina Realty Cash $150 Keller William Cash $150 Edina Realty Cash $150 State Farm Insurance Cash $150 Alive Lutheran Church Cash $150 H Brothers Painting Cash $300 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY PURPOSE/AMOUNT Dungarvin $450/Walk & Roll VonHanson $150/Walk & Roll WSB $150/Walk & Roll Smith, Paulson, O'Donnell, Erickson $150/Walk & Roll Walmart $150/Walk & Roll Just Drive, Inc. $150/Walk & Roll Healing Moments Counseling $150/Walk & Roll RiverWood Bank $150/Walk & Roll Berkshire Hathaway HomeServices $150/Walk & Roll Monticello Fire Department $150/Walk & Roll SERVPRO of Wright County $150/Walk & Roll Stellis Health $300/Walk & Roll Studer Chiropractic $150/Walk & Roll Cruz -Longley Team/Edina Realty $150/Walk & Roll Keller Williams $150/Walk & Roll Edina Realty $150/Walk & Roll State Farm Insurance $150/Walk & Roll Alive Lutheran Church $150/Walk & Roll H Brothers Painting $300/Walk & Roll Adopted by the City Council of Monticello this 12th day of July, 2021. Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk City Council Agenda: 07/12/2021 2G. Consideration of authorizing a request for proposals (RFP) to provide audit services for 2021-2025 Prepared by: Meeting Date: ❑ Regular Agenda Item Finance Director 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to authorize staff to issue a request for proposal (RFP) to provide auditing services for 2021-2025. REFERENCE AND BACKGROUND The City is required to have an audit performed annually by an independent, certified firm. The last time the City solicited RFPs for audit services was in 2007 when the current auditor, Malloy, Montague, Karnowski, & Radosevich (MMKR) was selected. The initial contract was for 3 years, and annual agreements to continue the relationship have occurred for 11 years. While the City has been satisfied with the work completed by MMKR, the City has changed significantly in 14 years, and it is best practice to periodically solicit RFPs for professional services. The audit services requested are consistent with those received in the past. RFPs will be due to the Finance Director on Friday, August 6 with interviews (if necessary) occurring the week of August 16-20. Staff expects to recommend a firm and request approval for a 5 -year contract at the regular City Council meeting on September 13, 2021. The 5 -year contract term is recommended by the Government Finance Officers Association (GFOA) to "allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain "startup" costs over several years, rather than over a single yea r." I. Budget Impact: None. Soliciting RFPs does not require the city to select a new audit firm. II. Staff Impact: Time to complete the RFP process is anticipated at 10 hours total between the City Administrator, Finance Director, and Senior Accountant to answer questions, interview firms, and prepare a Council agenda item to award a contract. III. Comprehensive Plan Impact: N/A City Council Agenda: 07/12/2021 STAFF RECOMMENDED ACTION City staff recommends authorizing a request for proposals (RFP) to provide audit services for 2021-2025. SUPPORTING DATA • Draft RFP for audit services i CITY ()'.I Monticello City Of Monticello Minnesota 505 Walnut Street Monticello, Minnesota 55362 www.ci.monticello.mn.us Request for Proposals Professional Auditing Services Fiscal years Ending 2021-2025 Sarah Rathlisberger Finance Director 763-271-3201 Sarah.rathlisberger@ci.monticello.mn.us CITY OF MONTICELLO REQUEST FOR PROPOSALS TABLE OF CONTENTS Introduction A. General Information B. Term of Engagement C. Subcontracting II. Nature of Services Required A. Scope of Work to be Performed B. Auditing Standards to be Followed C. Reports to be Issued D. Additional Nonaudit Services E. Special Considerations F. Retention of Workpapers and Access to Working Papers III. Description of the City of Monticello IV. Time Requirements A. Anticipated Proposal Calendar B. Notification C. Schedule for Audit Completion V. Assistance to be Provided to the Auditor and Report Preparation A. Finance Department Assistance B. Report Preparation VI. Proposal Requirements A. General Requirements B. Audit Proposal C. Dollar Cost Proposal VII. Evaluation Procedures A. Selection Committee B. Evaluation Criteria C. Oral Presentations D. Final Selection E. Right to Reject Proposals VII. Appendices A. Proposer Guarantees and Warranties B. Schedule of Professional Fees and Expenses 1 CITY OF MONTICELLO REQUEST FOR PROPOSALS I. INTRODUCTION A. General Information The City of Monticello (City) is requesting proposals from qualified firms of Certified Public Accountants to audit its annual financial statements for the fiscal year ending December 31, 2021, with the option, upon mutual agreement, of auditing the financial statements for each of the four subsequent fiscal years. The audit of the City is to be performed in accordance with generally accepted auditing standards. The City may require a single audit in year of the engagement. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The City of Monticello shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the proposal, attendance at the interviews, preparation of a compensation (fees) schedule or final contract negotiations. To be considered, one master hard copy of the proposal must be mailed or delivered to the contact listed below and received prior to the deadline. In addition, email an electronic version of the proposal to the contact below: City of Monticello Attn: Sarah Rathlisberger Finance Director 505 Walnut Street, Suite 1 Monticello, MN 55362 763-271-3201 (direct) sarah.rathlisberger@ci.monticello.mn.us The proposal must be received no later than 4:00 PM on August 13, 2021. The City reserves the right without prejudice to reject any or all proposals submitted. Proposals submitted will be evaluated by a three-member Selection Committee consisting of: • the City Administrator • the Finance Director • the Senior Accountant During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. Firms may be requested to make oral presentations to the Selection Committee as part of the final evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. It is anticipated the selection of a firm will be completed by September 13, 2021. Following the notification of the selected firm, it is expected a contract will be executed between both parties following the September 13, 2021 meeting of the City Council. B. Term of Engagement A five year contract is proposed, subject to an annual review by the City. It is anticipated the City's will request proposals every five years. In the event of unsatisfactory performance, or when in the best interest of the City, proposals may be solicited before the end of the five year period. C. Subcontracting No subcontracting will be allowed without the express prior written consent of the City. II. NATURE OF SERVICES REQUIRED A. Scope of Work to be Performed A copy of the City's 2020 Comprehensive Annual Financial Report and the 2020 auditor's reports are available on the City's website https://www.ci.monticello.mn.us/164/Finance. The scope of work to be performed will be consistent with the audit performed in 2020. The City desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with governmental accounting principles generally accepted in the United States of America. For the City, the auditor is required to audit the basic financial statements, combining and individual fund statements. The auditor is not required to audit the statistical section of the report. B. Auditing Standards to be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with auditing standards generally accepted in the United States of America; the standards set forth by the American Institute of Certified Public Accountants; the standards for financial audits set forth in the U.S. Government Accountability Office's (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act Amendments of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, and the minimum procedures for auditors of local governments prescribed by the Office of the State Auditor pursuant to Minn. Stat. 6.65. C. Reports to be Issued The auditor shall prepare the following reports at the completion of the audit: • Issue an opinion letter on the City's basic financial statements in conformity with accounting principles generally accepted in the United States of America. • Issue a report on the consideration of the City's internal controls over financial reporting. • Issue a report on compliance with applicable laws and regulations. • Communicate in a letter to management any reportable conditions found during the audit. • If a single audit is needed, issue an auditor's report on the internal control over compliance for major federal programs, an opinion on compliance with requirements applicable to each major federal program, and a summary of auditor's results and a schedule of findings and questioned costs, if any, required by OMB. Present opinion, procedures, and overview of the City's financial condition to the City Council. D. Additional Nonaudit Services Additional nonaudit services are not anticipated but can be performed as allowed and desired upon the mutual consent and agreement of compensation between the City and selected firm. E. Special Considerations 1. The City will not rely on the auditors for assistance in preparing the financial statements. The City will rely on the expertise of the auditor to inform the City of changes in auditing standards and regulations which may require the auditor to change the scope of work in the future. The City will send its comprehensive annual financial report to the GFOA for review in their Certificate of Achievement for Excellence in Financial Reporting program. The City has received the GFOA Certificate of Achievement for Excellence in Financial Reporting since 2009, and we intend to continue to submit future reports for the award. It is anticipated that the auditor will be required to provide assistance to the City to continue to meet the requirements of this program. F. Retention of Workpapers and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of six (6) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: City of Monticello, State Auditor's Office, U.S. General Accounting Office (GAO), Federal Cognizant Agency, and parties designated by the federal or state governments or by the City of Monticello as part of an audit quality review process. All data relating to the audit, including work papers, will be subject to the same data classifications that apply under Minn. Stat. § 6.715. The auditor conducting a City audit must provide access to such data relating to the audit and is liable for unlawful disclosure of the data as if it were a government entity under Minn. Stat.ch. 13. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE CITY OF MONTICELLO Classified a 501(a) entity under the Internal Revenue Code, the city of Monticello was organized as a municipality in 1856. Monticello is located approximately 45 miles northwest of the Minneapolis -St. Paul metropolitan area along the 1-94 corridor in Wright County. Monticello's population is estimated at 13,886 and the city encompasses an area of 8.94 square miles. The city is categorized as a 501(a) entity by IRS Code and operates under the "Optional Plan A" form of government as defined in Minnesota Statutes. Under this plan, the government of the city is directed by a city council composed of an elected mayor and four elected city council members. The city council exercises legislative authority and determines all matters of policy. The city council appoints personnel responsible for the proper administration of all affairs relating to the city. Council members serve four-year terms, with two members elected every two years. The mayor is elected for a two-year term. The mayor and members of the city council are elected at large 0 More detailed information on the government, fund structure and operations can be found in the Budget Document and in the 2020 Comprehensive Annual Financial Report which can be found on the City's website at https://www.ci.monticello.mn.us/164/Finance . The City's finance department staffing levels are adequate to provide an appropriate level of internal controls. The majority of the finance staff has over 5 years of experience with the City. The City does not maintain an internal audit function other than internal checks performed by the Finance Department. There were no audit findings in 2020. The City uses Springbrook financial software with a full range of fully integrated accounting and human resource modules. Interested proposers who wish to review prior years' audit reports and management letters should can find them on the City's website. The City of Monticello will use its best efforts to make prior audit reports and supporting working papers available to proposers to aid their response to this request for proposal. The City and proposers recognize and agree that all actions related to government data must comply with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13. IV. TIME REQUIREMENTS A. Anticipated Proposal Calendar The following is a list of key dates regarding the selection process: 1. Due date for Proposals---------------------------------------------------------------------------------Aug_._13, 2021 2. Finalist Interviews, as necessary_________________________________________________________________Aug, 23-27, 2021 3. Contract consideration by the City Council...................................................... Sept. 13, 2021 B. Notification It is anticipated that the staff recommended firm will be notified prior to September 8, 2021. C. Schedule for Audit Completion Interim Work & Audit Plan - The City has a standard set of workpapers that it prepares each year for the audit. The auditor shall provide City of Monticello an audit plan and a list of any additional schedules to be prepared by the City of Monticello prior to December 15. The schedule for interimwork will be determined upon completion of selection process. Fieldwork & Final Report Due Dates - The City of Monticello will have its accounting records ready for audit and a draft of the fund statements by the end of March. At a minimum, the auditor will be required to meet the following dates: 1. Fieldwork completion no later than April 30. 2. Draft audit reports & findings to management at least one week prior to delivery to the City Council. 3. Presentation to City Council at a regular council meeting before June 30 (drafts to be delivered on theWednesday prior to the meeting). V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department Assistance Finance Department staff and responsible management personnel will prepare the necessary workpapers and be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City as directed by the auditor. B. Report Preparation Comprehensive Annual Financial Report preparation and printing will be done by the City. VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be addressed in writing to: Sarah Rathlisberger Finance Director - City of Monticello Sarah.Rathlisberger@ci.monticello.mn.us 505 Walnut Street, Suite 1 Monticello, MN 55362 All responses, questions, and correspondence should be directed to Sarah Rathlisberger. In the interest of fairness to all respondents, do not contact other staff or elected or appointed officials. Written questions on the RFP will be accepted until Friday, August 6, 2021 at 4:00 PM to allow time for staff to respond in writing to all holders of this RFP. Written questions submitted after Friday, August 6, 2021 at 4:00 PM may go unanswered. 2. Submission of Proposals The following material is required to be received by August 13, 2021 at 4:OOPM for a proposing firm to be considered: Title Page Title page showing the request for proposals subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. ii. Table of Contents iii. Transmittal Letter A signed letter of transmittal briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be the best qualified to perform the A engagement, and a statement that the proposal is a firm and irrevocable offer for the five year period. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI.B. of this request for proposals. Executed copy of the Proposer Guarantees and Warranties (attached to this request for proposal — Appendix A) Schedule of Professional Fees and Expenses for the Audit (attached to this request for proposal —Appendix B) B. Audit Proposal 1. General Requirements The purpose of the proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to the engagement. It should also specify an audit approach that will meet the request for proposals requirement. The proposal should address all the points outlined in the request for proposal. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposal. While additional data may be presented, the following subjects, items 2 through 9, must be included. They represent the criteria upon which the proposal will be evaluated. 2. Independence The firm should provide an affirmative statement that it is independent of the City as defined by the generally accepted auditing standards. 3. License to Practice in Minnesota An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Minnesota. 4. Firm Qualifications and Experience The proposal should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of the professional staff to be employed in this engagement on a full-time basis and on a part-time basis. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending 7 against the firm during the past three (3) years with state regulatory bodies or professional organizations. S. Partner, Supervisory, and Staff Qualifications and Experience The proposal should identify the principal supervisory and management staff, including engagement partners, managers, other supervisors, and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City. Other audit personnel may be changed at the discretion of the firm provided that replacements have substantially the same or better qualifications or experience. 6. Similar Engagements with Other Government Entities Describe the firm's experience with local government audits and audits of federal programs. For the firm's office that will be assigned responsibility for the audit, list the most significant engagements performed in the last three years that are similar to the engagement described in this request for proposal and are cities awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. Specifically identify those engagements at which the managers and other supervisors who will be assigned to this engagement have worked. 7. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed. Firms should provide the following information on their audit approach: a. Proposed timing and segmentation of the engagement b. Level of staff and number of hours to be assigned to each proposed segment of the engagement c. Sample sizes and to the extent to which statistical sampling is to be used in the engagement d. Extent of use of computer software in the engagement e. Type and extent of analytical procedures to be used in the engagement f. Approach to be taken to gain and document an understanding of the City's internal control over financial reporting and internal control structure g. Approach to be taken in determining laws and regulations that will be subject to compliance test work h. Approach to be taken in drawing audit samples for purposes of tests of compliance N. 8. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems, and any special assistance that will be requested from the City. Specifically include firm's response to the pandemic and changes in data security protocols. Please address remote workforce collaboration with clients during fieldwork. 9. The proposal should include acknowledgement of the required audit schedule and a statement as to the firm's ability to meet the schedule. C. Dollar Cost Proposal (Appendix B) 1. Total All-inclusive Maximum Price The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. The dollar cost proposal should specify all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price is to include all direct and indirect costs, including all out-of-pocket expenses for each of the years ending 2021-2025. 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each The dollar cost bid should include a schedule of professional fees and expenses, presented in the format provided in the attachment (Appendix B) that supports the total all-inclusive maximum price. 3. Single Audit Since the Single Audit work is based on the requirements of individual grants which may vary, the cost of the Single Audit may be stated separately and may be based on an hourly rate and estimated minimum hours needed to complete a basic Single Audit. 4. Rates for Additional Professional Services If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between the City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. S. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost proposal. Interim billings shall cover a period of not less than one calendar month. VII. EVALUATION PROCEDURES A. Selection Committee Proposals submitted will be evaluated by a three-member Selection Committee consisting of the City Administrator, Finance Director, and Senior Accountant. B. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria that will be considered during the evaluation process: 1. Mandatory Elements a. The audit firm is independent and licensed to practice in Minnesota. b. The audit firm's professional personnel have received adequate continuing professional education within the preceding three years. c. The firm has no conflict of interest with regard to any other work performed by the firm for the City. d. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal. e. The firm submits a copy of its last external quality control review report, including any letter of comments. The firm must have a record of quality work. 2. Technical Qualifications a. Expertise and Experience i. The firm exhibits expertise based on past experience and performance on comparable government engagements. ii. The firm has demonstrated an ability to assist its governmental clients in attaining and retaining the GFOA Certificate of Achievement in Financial Reporting. iii. The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. iv. Location of the offices performing the work and availability/responsiveness of staff, as derived from the written proposal. b. Audit Approach i. Adequacy of proposed staffing plan for various segments of the engagement ii. Adequacy of analytical procedures and sampling techniques iii. Ability to meet desired timing of engagement and scheduled deadlines c. Pandemic Response i. The firm exhibits expertise based on experience and performance during pandemic. ii. Adequacy of proposed response to a pandemic -type situation plan with possibility of remoteworkforce communication and collaboration. iii. Files are transferred using a secure connection. 10 Price Consideration The cost of the audit for the years 2021-2025 should be calculated on the "Schedule of Professional Fees and Expenses" (Appendix B). Cost will not be the only factor the review committee will use to evaluate proposing firms. C. Oral Presentations During the evaluation process, the Selection Committee may, at its discretion, request any one or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Selection Committee may have on a firm's proposal. Not all firms may be asked to make such oral presentations. D. Final Selection The City intends to select a firm based upon the recommendation of the Selection Committee. It is anticipated that the Council will approve the recommended firm on September 13, 2021. E. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City reserves the right, without prejudice, to reject any or all proposals. 11 ADDFninix A PROPOSER GUARANTEES AND WARRANTIES 1. The proposer certifies it can and will provide, as a minimum, all services set forth in the proposal. 2. Proposer warrants that it does not have any conflicts of interest with the City of Monticello, its management staff, or its elected officials. 3. Proposer warrants that the firm and all assigned key professional staff are properly licensed to practice in the state of Minnesota. 4. Proposer warrants that it is willing to and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees, or agents thereof. 5. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Monticello. 6. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name (typed): Title: Firm: Date: 12 Position Partner Manager(s) Supervisor(s) Staff Other People Expenses Other Costs Subtotal — City Audit Single Audit APPENDIX B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDITS OF 2021-2025 FINANCIAL STATEMENTS CITY OF MONTICELLO Hours Standard Proposed Hourly Rates Hourly Rates Hours Average Rate Summary Schedule CAR Fiscal Year Ending Total all-inclusive December 31, maximum price 2021 $ 2021 2022 2023 2025 Tota I S 13 Single Audit Cost, if required 7 Tota I Total City Council Agenda: 07/12/2021 2H. Consideration of a request for a PUD (Planned Unit Development) Adjustment at the Ultra Machining Corp Planned Unit Development. Applicant: Ultra Machining Corp UMC. Prepared by: Meeting Date: ❑ Regular Agenda Item Community Development Director 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Project Engineer City Administrator Motion to adopt Resolution 2021-50, approving the proposed PUD Adjustment Ultra Machining accommodating changes to the design of the site landscaping and changes to the building exterior design as shown in the submitted plans, based on findings in the resolution. REFERENCE AND BACKGROUND Property: Legal Descriptions: West Parcel: Lot 1, Block 1, Monticello Commerce Center 6th Addition East Parcel: Lot 2, Block 1, Monticello Commerce Center 6th Addition PID Numbers: West Parcel: 155143001010 East Parcel: 155143001020 Planning Case Number: 2021-022 Request(s): PUD Adjustment to site revisions and building exterior revisions Deadline for Decision: October 27th, 2020 Land Use Designation: Places to Work Zoning Designation: PUD Ultra Machining Corp Overlays/Environmental Regulations Applicable: Freeway Bonus Sign Overlay District Current Site Uses: West Parcel: Industrial (Ultra Machining Corp) East Parcel: Industrial (Ultra Machining Corp) Surrounding Land Uses Project Description: Analysis: City Council Agenda: 07/12/2021 North: Undeveloped East: Industrial (Twin City Die Castings) South: Institutional (Monticello High School) West: Commercial (Mills Fleet Farm) The applicants are applying for a PUD Adjustment to the approved and previously amended PUD to revise the site and building plan. Specifically, on the site revisions they desire to change the proposed pedestrian walking paths connecting the east and west building. In conjunction with that change, the applicant is requesting to remove the proposed canopy feature that would have covered this walkway connecting the two buildings. The applicant also wishes to propose a site plan change to move the PUD - allowed flagpole to the existing center island. Planned Unit Development Adjustments are regulated by Chapter 2, Section 2.4 (0)(10)(b), as follows: (b) PUD Adjustment — an adjustment to a PUD may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. For a PUD Adjustment, the applicant shall follow the procedures and requirements of the PUD Final Stage as identified in this Chapter. A PUD Adjustment shall be memorialized with an amendment to the PUD Development Agreement, executed by the City and applicant, and recorded against the PUD property. To qualify for this review, the minor adjustment shall not: (i) Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. Comment: The proposed project does not diminish or disrupt the preservation and protection of sensitive site features. (ii) Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. City Council Agenda: 07/12/2021 Comment: The requested PUD adjustment does reflect a change in the exterior architectural interest for the proposed building with the removal of the proposed canopy feature. However, staff does not believe that the change substantively eliminates, diminishes, or compromises the site planning, design, landscaping or building materials. The significant window detail and accent wing wall on the building are effective means of added visual interest to the facade. The proposed landscaping and pathway plan for the site also continue to represent an overall enhancement to the industrial site. (iii) Alter significantly the location of buildings, parking areas or roads. Comment: The proposed site adjustments do not alter the location of the building, parking area or road. The proposed site plan changes are limited to the reconfiguration of pathways between the two buildings. These changes are appropriate to the use and design of the site. (iv) Increase or decrease the number of residential dwelling units by more than five percent. Comment: Not applicable to the project. (v) Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent (residential lots not guided for specific structure sizes are excluded from this requirement). Comment: Not applicable. (vi) Increase the number of stories of any building. Comment: Not applicable. (vii) Decrease the amount of open space or alter it in such a way as to change its original design or intended function or use. Comment: Changes to open space are not significant, and primarily impact the way visitors and employees of the site will use the property. (viii) Create non-compliance with any condition attached to the approval of the Final PUD Plan. Comment: None of the previously approved conditions are impacted by the proposed changes. While the flagpole is moving to a location more central to the full PUD, the applicant has clarified that the height remains consistent with the prior approval. City Council Agenda: 07/12/2021 The civil plans reflecting the site plan changes are currently in review by the City Engineer. As such, the PUD Adjustment is conditioned on any final comments of the City Engineer related to the site utilities, grading, drainage and stormwater management, if any. I. Budget Impact: None. The escrow submitted by the applicant covers review costs for the adjustment request. II. Staff Workload Impact: Approximately 4 hours of staff time was spent in reviewing the application and preparing the report and PUD Adjustment Agreement. III. Comprehensive Plan Impact: Monticello 2040's Vison + Plan includes a Value Statement suggesting that the City continue to support "A diversified and strong local economy competitive at regional, statewide and national levels." UMC's 50,000 square foot expansion and accompanying site plan promotes the creation of jobs and tax base consistent with this value. STAFF RECOMMENDED ACTION City staff recommends approval of the PUD Adjustment as proposed. The UMC PUD improvements continue to represent consistency with the standards expected within a PUD zoning district. SUPPORTING DATA A. Resolution 2021-50 B. Aerial Site Image C. Applicant Narrative D. Proposed Site Plan E. Previously Approved Site Plan F. Proposed Elevations G. Previously Approved Elevations H. Front Fagade Rendering, Proposed for Adjustment Z. Conditions of Approval City Council Agenda: 07/12/2021 EXHIBIT Z Conditions of Approval Ultra Machining Corp — PUD Adjustment UMC Planned Unit Development 1. Compliance with all applicable conditions of the original PUD approval, dated February 24tH 2020 and as adjusted on September 14, 2020, including those for buffer yard landscaping. 2. Future phases of expansion and any removal of the building connection within the PUD are subject to an amendment to the PUD. 3. The PUD Adjustment is conditioned on the final comments of the City Engineer related to the site utilities, grading, drainage and stormwater management. 4. The applicant shall enter into an encroachment agreement as required for the portions of sidewalk within the 6' interior lot drainage and utility easements. S. The applicant shall enter into an agreement reflecting the terms and conditions of the PUD Adjustment. 6. Comments of City Council and other City Staff. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2021-50 APPROVING AN ADJUSTMENT TO THE "UMC PUD, PLANNED UNIT DEVELOPMENT" WHEREAS, the applicant owns property along Chelsea Road in the City of Monticello, described as Lots 1&2, Block 1, Monticello Business Center 6t" Addition; and WHEREAS, the applicant had received approvals to rezone its property to PUD, retain the two separate parcels, and develop the property as a common industrial project; and WHEREAS, the site is guided for industrial uses under the label "Employment Campus" in the City's Comprehensive Plan; and WHEREAS, the proposed PUD is consistent with the long-term use and development of the property for industrial uses; and WHEREAS, the PUD is designed to accommodate the expansion of an existing industrial use that will share building and site development improvements across a common boundary; and WHEREAS, the applicant seeks to adjust site and building components on the approved site plan to ensure more efficient future expansion; and WHEREAS, previous conditions of approval have been, or are being, complied with; and WHEREAS, the City Council considered the adjustment at its regular meeting on July 12, 2021, taking into account staff analysis and other comment; and WHEREAS, the City Council has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: The PUD provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by putting the existing and proposed buildings to industrial use. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2021-50 2. The proposed improvements on the site under the approved, and revised, PUD are consistent with the needs of the PUD in this location as an industrial area. 3. The improvements will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 4.. The PUD flexibility requests for the project, including the construction of a connected building across a common property line, are consistent with the intent of the City's economic development objectives, as well as with the intent of the PUD zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the requested PUD Adjustment is hereby approved, subject to the conditions listed in Exhibit Z as follows: 1. Compliance with all applicable conditions of the original PUD approval, dated February 241h, 2020 and as adjusted on September 14, 2020, including those for buffer yard landscaping. 2. Future phases of expansion and any removal of the building connection within the PUD are subject to an amendment to the PUD. 3. The PUD Adjustment is conditioned on the final comments of the City Engineer related to the site utilities, grading, drainage and stormwater management. 4. The applicant shall enter into an encroachment agreement as required for the portions of sidewalk within the 6' interior lot drainage and utility easements. 5. The applicant shall enter into an agreement reflecting the terms and conditions of the PUD Adjustment. 6. Comments of City Council and other City Staff. ADOPTED this 12th day of July, 2021, by the City Council of the City of Monticello, Minnesota. ATTEST: MONTICELLO CITY COUNCIL M 2 Lloyd Hilgart, Mayor CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2021-50 Jennifer Schreiber, City Clerk Ultra Machining Company I Request for Development and Final Stage Planned Unit Development Legal: Lot 1&2, Block 1, Monti Commerce Center 6th Addition I PID: 155-143-001010&155-143-001020 Created by: City of Monticello POPE A R C H I T E C T S 05/27/2021 MEMORANDUM Re: UMC — New Production Facility Monticello, MN PAI Project No. 74761-19170 Subject: Revised Site Design To: Angela Schumann, City of Monticello Scott Peterson, UMC Dan Buzicky, UMC Don Tomman, UMC Mike Anderson, Larson Building Steve Northway, Construction Advocates From: Brock Martinson, Pope Architects Good afternoon Angela: As requested, please see below for the description of the proposed site plan changes to UMC's new production facility. Also attached is a copy of the revised architectural site plan reflecting the changes described below. Site Revisions: • Remove covered canopy at north side of new/existing building. • Remove portion of connecting walkway between new/existing building to preserve existing landscaping. • Remove plaza located between buildings and replace with serpentine walkway. 0 Relocate flagpole to existing island in drive aisle. Height to remain as approved in PUD. Thanks in advance for your review of the attached information and please don't hesitate to let me know if there are any additional questions or comments that I can address. Sincerely, POPE ARCHITECTS INC. t' Brock Martinson AIA, NCARB, LEED AP Project Manager/Architect (MN/CA/ID/UT) Associate G:\74761\19170\05 Approvals\01 City\PUD Amendment 210527\08.07.2020 - UMC Design Updates.dou POPE ARCHITECTS, INC. 1295 BANDANA BOULEVARD N, SUITE 200 www. p o pea rc h . co m ST. PAUL, MN 55108-2735 (651)642-9200 1 FAX (651)642-1101 NEW SIDEWALK TO CONNECT TO EXISTING SIDEWALK. CONTINUE ACROSS BOTH UMC PROPERTIES NEW SIDEWALK – EXISTING LANDSCAPE BARRIER ARCHITECTURAL SITE PLAN 1" = 50'-011 1 1 1 1 1 1 1 1 1 1 1 1 1 OWNER PROVIDED i ENTRY SIGNAGE — — fi — — - 6' PARKING SETBACK I I 1 I � 1 1 1 I 1 I I 1 I 1 1 1 1 1 in Q rhnn 1 u �'l PROPERTY LINE — - - DR� AND UTILITY ENT = �� ----------------- SITE PLAN GENERAL NOTES A) SITE INFORMATION HAS BEEN TAKEN FROM A SITE SURVEY PREPARED BY WENCK, 7500 OLSON MEMORIAL HWY, SUITE 300, GOLDEN VALLEY MN, DATED 1/2/2020. GENERAL CONTRACTOR IS TO VERIFY ALL SITE INFORMATION BEFORE STARTING CONSTRUCTION, AND NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES. B) REFER TO THE GENERAL NOTES FOR OTHER APPLICABLE INFORMATION. SITE DATA LEGAL DESCRIPTION: Sect -13 Twp -121 Range -025 MONTI COMMERCE CENTER 6TH ADDN Lot -002 Block -001 ZONING DISTRICT: IBC ZONING REQUIREMENTS REQUIRED PROVIDED BUILDING SETBACKS FRONT 50' 155'-6" REAR 40' 341' SIDE STREET 50' N/A' INTERIOR SIDE 30' 143'-5" INTERIOR SIDE 30' 0' PARKING SETBACKS FRONT 6' 7'-3" REAR 6' 43'-V SIDE 6' 2'-5" SITE AREA 321,908 S.F. 321,908 S.F. (7.39 ACRES) (7.39 ACRES) PROPOSED BUILDING AREA (RESERVED) 49,169 S.F. MAXIMUM BUILDING AREA (FLOOR AREA RATIO= %) (RESERVED) 53,511 S.F. 17% MAXIMUM BUILDING COVERAGE (_%) (RESERVED) 15.5% MAXIMUM IMPERVIOUS SURFACE (_%) (RESERVED) 152,149 S.F. 48% REQUIRED PARKING SPACES OFFICE (1 SPACES PER 300 S.F.) 16.6 WAREHOUSE/ MANUFACTURING (1 SPACES PER 1,250 S.F.) 35.3 TOTAL SPACES REQUIRED 52 SPACES PROVIDED 135 TOTAL SPACES PROVIDED 135 ACCESSIBLE PARKING SPACES STANDARD 7 7 VAN 1 1 NOTE: COVERED WALKWAY REMOVED FROM PROJECT SCOPE AND SITE PLAN POPE ARCHITECTS, INC. 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, M N 55108-2735 (651) 642-9200 1 FAX (651) 642-1101 www.popearch.com UMC NEW PRODUCTION FACILITY 500 CHELSEA ROAD MONTICELLO, MINNESOTA ARCHITECTURAL SITE issues crd RevisloF 1 CONCEPT 11-18-19 PROPOSAL 01-06-20 DEVELOPMENI Commission No: 74761-19170 Drawn h: LL Checked b : BM SHEET ■ TRUE SHEET SCALE C:\Revit Projects\74761-19170 UMC Monticello New Production Facility - O'112/2Wrk%R8r d FflMviller.rvt INSTALL NEW 160'-0" FLAGPOLE IN - THIS LOCATION. PROVIDE PRICING FOR ALTERNATE 75'-0" FLAGPOLE. STRUCTURAL SUPPORT OF FLAG POLE TO BE PROVIDED BY VENDOR ON A DESIGN/ BUILD BASIS - NEW SIDEWALK - PARKIN, NEW LANE AREA 5SPACES� 0 0 N NEW PAVING TO CONNECT TO EXISTING DRIVE I I -- NEW PAVED AREA - NEW LANDSCAPED \ - NEW LANDSCAPED AREA \ 149 SPACES TOTAL ACCESSIBLE ROUTE, PARKING, STRIPING & SIGNS PER ADA AND LOCAL AGENCY, TYP. PARTIAL ENLARGED ARCHITECTURAL SITE PLAN 1 If = 30'-011 NOTE: COVERED WALKWAY REMOVED FROM PROJECT SCOPE AND SITE PLAN OWNER PROVIDED ENTRY SIGNAGE NEW SIDEWALK POPE ARCHITECTS, INC. 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, M N 55108-2735 (651) 642-9200 1 FAX (651) 642-1101 www.popearch.com UMC NEW PRODUCTION FACILITY 500 CHELSEA ROAD MONTICELLO, MINNESOTA PARTIAL ENLARGED ARCHITECTURAL SITE PLAN ssues and Revisions' 1 CONCEPT 11-18-19 PROPOSAL 2 PUD 01-06-20 DEVELOPMENT STAGE PLAN 3 PLRMIT ISSUE 09-25-20 Commission No: 74761-19170 Drawn b�: LL Checked b BM SHEET ■ TRUE SHEET SCALE C:\Revit Projects\74761-19170 UMC Monticello New Production Facility - O'112/2Wrk%R8r69 FflMviller.rvt Q 0 N O N N co HYDRANT - 6" GATE VAI VE 8"x6" TEE 1-1 \ \ \ c°M 7 \ 2221 195865 cc ��--12' DRAINAGE AND ITY EASEMENT S �,.J TRD 12" \ 20 O \ \ \ 16 70" (D �`� 2224 S 1958.34 �/ TRD 12" 222a 960.94 TRD 25" ��j 2229 Z }960.30 (ry TRC 8" yti/ (:D2230 962.03 TRD 25" J 2233 " TRC 0 lll�� TRC 8" 2235 S • 1960.81 �/ TRD 25" �`� 2238 S 1961.30 / TRD 25" �`� 2202 ( 1962.41 J TRD 25" 2197 M S 1961.66 I ( l TRD 20" 935 IG LOT 1819 \ c \ \ C / RIM =955.61 1099 I \ \ c \ OF 2 INV=949.8 N q_ \ \ M 4 C� \� \ / INV=949.8 S ,:v<_57.72 TRC \ TRC I \ \ O \ \\\CO 19 �\ 1098 _r/�'`�,,58.62 I \ (7F \ \ �� / RIM=955.94 TRC \ \ a \ G OF -949.2 E/W G OF cc / \ cOn„ a �J 1108 Z _ '857.85 II//VV TRC \ \ �`� 1113 S ^ 1958.94 TRD R3.67' COM �F \ 3 \ / c \ / \WV 1074 1073 fj'J M 7 6. 0956.94 C14O :;T \ \ \ HY �s rnC04\ c 28 PiF \\ °M \ I 91, \'f 7.00 C \ \RIM=956.97 1 iN�( 939.9 E 12 COM\ OG �\ INV= 7W ��J 1114 I "I Z }858.79 I 20' � M G \ {ry TRC TRD G\ O / c I � 24' 33 0 9 c\ �F a OM \ 4 91 R3.67' \ -colt, OF 1070 0 \� 7 20 I � \ �`� 1138 S • 1138 8 I 9 \ �,./ TRD I � \ o 20 O 16 ��18 \ \ �°� � I R100 Il I R70.5' I \\\ 22 I I 1082 \ N� TRD 0 \ \ I � FFF yrN � � I 8 N �I 6' - I I . 4 2534 rn 4?o 96i.55 R3 4 R3- rn AS WV 1175 I 4 25.1 4 x �2: aiuv a I 57.3T FE I Q 1172 4 2.45 GM 961.95 20' I 20' FE GM �020' 1173 ® 962.19 ET �R10 a ° a 4 1 j 17 I 11 "I 'F I 14 I 114.95' I PROPOSED LINK; ROPOS D LINK LOT 1 ; LO 2 2,377 SF i 2,21 SF 1201 961.82 FE 2513 FFE: 962.0 FFE: 62.0 X 962.12 FE w v 24' 33 14 14 91 �I 9' O 1 9' pol 14691 Pike I 0 N 9 N 12 N 33 Q /Z��l d 4 d 13 13 14 zo 14 C6 247.07' PROPOSED BUILDING 45,750 SF FFE: 962.0 LOT 2 15 CD ER CE CEN TER MO N TICELLO COMM 162.1' 15 15 MATCH LINE SEE SHEET C-103 17 I 1 1 55.79' I O I �`� 1081 S 1961.83 �/ TRD � 1122 Z }TRC 1 �N TRC _ � 1123 Z }961.47 �/V TRC N 0 20 40 GRAPHIC SCALE IN FEET LEGEND PROPERTY BOUNDARY LOT LINE --------- EASEMENT LINE SETBACK LINE - - - RIGHT OF WAY LINE - - - - - - - - - EXISTING EASEMENT LINE EXISTING PROPERTY LINE CURB AND GUTTER BITUMINOUS PAVEMENT CONCRETE PAVEMENT O# PROPOSED PARKING COUNT STORMWATER LIMITS - SEE SHEET C-301 NOTES V ^Ak V WENCK 7500 OLSON MEMORIAL HWY SUITE 300 GOLDEN VALLEY, MN 55427 PHONE: 763-252-6800 FAX: 952-831-1268 WWW.WENCK.COM CLIENT: 7 1295 BANDANA BLVD N SUITE 200 ST. PAUL, MN 55108-2735 PHONE: 651-642-9200 FAX: 651-642-1101 WWW.POPEARCH.COM CERTIFICATION �O (�o 0� 0� PROJECT NO.: 005898-19-002 DWN BY: CHK'D BY: APP'D BY: JTP JRA DML ISSUE DATE: 08/24/2020 WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL ISSUE NO.: 2 COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR SHEET TITLE: THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED ENLARGED SITE PLAN NE STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. CALL BEFORE YOU DIG GOPHER STATE ONE CALL SHEET NO.: TWIN CITY AREA: 651-454-0002 C � 10 2 TOLL FREE 1-800-252-1166 1. CITY OF MONTICELLO STANDARD SPECIFICATIONS (CURRENT EDITION) SHALL GOVERN FOR THIS PROJECT. SEE SHEET C-002 FOR ADDITIONAL PROJECT NOTES. z z 2. 3. SEE SHEET C-601 FOR PAVING PLAN. DIMENSIONS TO SURMOUNTABLE CURB ARE SHOWN TO TOP BACK OF CURB. UJI 0. z # KEYNOTES 0 z 2O w 1. MATCH EXISTING 2. CONCRETE PAVEMENT (TYP.) - SEE SHEET C-601 O co O 3. 4. BITUMINOUS PAVEMENT (TYP.) -SEE SHEET C-601 CONCRETE APRON - SEE DETAIL PLATE 5008/C-801 � Z O w 5. BUILDING WING WALL WITH SIDEWALK CONNECTION - SEE ARCHITECTURAL/STRUCTURAL PLANS J z< FOR DETAIL AND PRECISE LOCATION (D w Z 6. ADA CURB RAMP - SEE SHEET C-301 FOR DETAILED GRADING 0. - 7. ADA CURB RAMP IN PUBLIC ROW - SEE DETAIL STANDARD PLAN 5-297.250/C-803 AND SHEET C-301 z L FOR DETAILED GRADING uja- X 8. 9. CURB CUT - SEE DETAIL 6/C-802 AND SHEET C-301 FOR DETAILED GRADING ADA STALL WITH SIGN ON BOLLARD SEE DETAILS 1,2,3,8/C-802 z ui 0 - z 10. VAN ADA STALL WITH SIGN ON BOLLARD - SEE DETAILS 1,2,3,8/C-802 OC14N 11. ADA AISLE SEE DETAIL 7/C-802 O O 12. PAINT STRIPE (TYP.) - SEE DETAIL 4/C-802 (� 13. BOLLARD - SEE DETAIL 1/C-802 14. DOOR LOCATIONS/STRUCTURAL STOOP/STAIRS WITH LANDING - SEE ARCHITECTURAL/STRUCTURAL PLANS FOR DETAIL AND PRECISE LOCATION J (,) Q 15. BUILDING OVERHEAD DOOR - SEE ARCHITECTURAL/STRUCTURAL PLANS FOR DETAIL AND 16. PRECISE LOCATION PROPERTY LINE CDCV U 17. 18. BUILDING SETBACK LINE PAVEMENT SETBACK LINE co 19. EXISTING DRAINAGE AND UTILITY EASEMENT LINE U. 20. STOP SIGN - SEE DETAILS 3,5/C-802 AND DETAIL PLATE 5016/C-801 21. FLAG POLE - SEE ARCHITECTURAL/STRUCTURAL PLANS FOR DETAIL AND PRECISE LOCATION 22. APPROXIMATE PROPOSED FUTURE EXPANSION LINE W 23. 20' LANDSCAPE BUFFER - SEE SHEET L-101 � 24. 25. TRANSFORMER PAD - SEE ARCHITECTURAL/STRUCTURAL FOR DETAIL AND PRECISE LOCATION INFILTRATION BASIN SEE SHEET C-303 FOR DETAILED GRADINGLu H U - 26. ADA STALL WITH SIGN - SEE DETAILS 2,3,8/C-802 p 27. VAN ADA STALL WITH SIGN - SEE DETAILS 2,3,8/C-802 of 28. REINSTALL SALVAGED"CENTER LANE ONLY" SIGN - COORDINATE WITH CITY FOR EXACT LOCATION 29. REINSTALL SALVAGED ADA/ADA VAN SIGN z 30. TAPER SIDEWALK OVER 6' LENGTH TO MATCH EXISTING WIDTH (APPROXIMATELY 5.75) W ZD U) CV 31. PROPOSED 342 SF PUBLIC ACCESS EASEMENT OVER SIDEWALK U) 32. PROPOSED 46'x 360.07' DRAINAGE AND UTILITY EASEMENT OVER STORMWATER BMP 33. LIGHTPOLE - SEE PHOTOMETRIC PLAN 34. PAINTED CROSSWALK - SEE DETAIL 4/C-802 35. WALKING PATH PAINT STRIPE, COORDINATE WITH OWNER AND ARCHITECT TO VERIFY SIZE, COLOR, AND FINAL LOCATION - SEE DETAIL 4/C-802 CERTIFICATION �O (�o 0� 0� PROJECT NO.: 005898-19-002 DWN BY: CHK'D BY: APP'D BY: JTP JRA DML ISSUE DATE: 08/24/2020 WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL ISSUE NO.: 2 COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR SHEET TITLE: THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED ENLARGED SITE PLAN NE STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. CALL BEFORE YOU DIG GOPHER STATE ONE CALL SHEET NO.: TWIN CITY AREA: 651-454-0002 C � 10 2 TOLL FREE 1-800-252-1166 z UJI z w o _o ~w a cn UQ co O uja- o OC14N W Q CDCV co co CERTIFICATION �O (�o 0� 0� PROJECT NO.: 005898-19-002 DWN BY: CHK'D BY: APP'D BY: JTP JRA DML ISSUE DATE: 08/24/2020 WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL ISSUE NO.: 2 COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR SHEET TITLE: THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED ENLARGED SITE PLAN NE STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. CALL BEFORE YOU DIG GOPHER STATE ONE CALL SHEET NO.: TWIN CITY AREA: 651-454-0002 C � 10 2 TOLL FREE 1-800-252-1166 EXTERIOR MATERIAL FINISH SCHEDULE MATERIAL ID MATERIAL MANUFACTURER FINISH COLOR LOCATION PRECAST CONCRETE PCAST - 1 FABCON PAINT SW 6254 LAZY GRAY ALL ELEVATIONS WALL PANELS PRECAST CONCRETE PCAST - 2 FABCON PAINT SW 7069 IRON ORE ALL ELEVATIONS WALL PANELS MP -1 METAL PANEL ALUCABOND KYNAR MATCH SW 6789 FIN BLUE MOSQUE FLASH - 1 CAP FLASHING FIRESTONE KYNAR MATCH SW 7069 IRON ORE WALL CAP FLASHING ALL ELEVATIONS AFS FLASH - 1 WINDOW SILL OLDCASTLE ANODIZED ALUMINUM CLEAR ALL ELEVATIONS FLASHING AFS -1 ALUMINUM WINDOW OLDCASTLE ANODIZED ALUMINUM CLEAR ALL ELEVATIONS FRAMES NOTE: THE "BASIS OF DESIGN" MATERIALS FOR THE PROJECT ARE LISTED ON THE SCHEDULE ABOVE. SEE SPECIFICATIONS FOR ADDITIONAL MATERIAL INFORMATION AND OTHER APPROVE D SUBSTITUTIONS. NOTE: COVERED WALKWAY REMOVED FROM PROJECT SCOPE AND ELEVATIONS T.O. FIN 150'-0" ROOF LEVEL 136-91 /2" COMP MEZZ 118'-9" SECOND LEVEL NORTHWEST CORNER ELEVATION A A.1 A. B. B B. C MP -1 -- FLASH -1 PCAST-2 PCAST-2 - PCAST-1 - - PCAST-1 SPANDREL SPANDREL L I OWNER PROVIDED ENTRY SIGNAGE -- 0 � FA4 a f ::::f T=f A T�f T F� �______� --------- ----_ ----- -------------- ---------------- - ---- -- - - --- --- - ------------- AFS -1 SHEEP'S TONGUE HM DOOR, PAINT TO AFS -1 OVERFLOW, TYP. -- MATCH ADJACENT PRECAST WEST BUILDING EXTERIOR ELEVATION 1 If = 20'-011 E D C 99'-0" 6" DEEP DRAINABLE GREENHECK BUILDING BEYOND LOUVER ESD -635. SEE MECH. FOR SIZE AND LOCATIONKNOCKOUT PANELS FOR SHEEP'S TONGUE FUTURE LOUVERS. SEE MECH OVERFLOW, TYP. - FOR SIZE AND LOCATION we FLASH -1 / PCAST-2 PCAST-1 SPANDREL I TB B.2 EA. 4'-1 1/2"— SHEEP'S /2"SHEEP'S TONGUE OVERFLOW, TYP. \ MP -1 -- HM DOOR, PAINT TO MATCH 20x16 OH DOOR ALUM OOR ADJACENT PRECAST AFS -1 EAST BUILDING EXTERIOR ELEVATION 1 if = 20'-011 '\,A3.1,) 1 If = 20'-011 T.O. FIN 150'-0" T.O. PRECAST OIL 140'-0" T.O. LINK PRECAST 128'-0" VlAV-0"5-0 /,--3'-101/2" o 9'-4" a, I I \ - HM DOOR, PAINT TO MATCH ADJACENT PRECAST T.O. MEZZANINE 112'-9" 100'-0" T.O. FIN 150'-0" T.O. PRECAST 140'-0" OWNER PROVIDED ENTRY SIGNAGE T.O. MEZZANINE 112'-9" RST LEVEL OL 100'-0" 2 SOUTH BUILDING EXTERIOR ELEVATION A3.1) 1 If = 20'-011 NORTH BUILDING EXTERIOR ELEVATION 1 If = 20'-0" POPE ARCHITECTS, INC. 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, M N 55108-2735 (651) 642-9200 1 FAX (651) 642-1101 www.popearch.com UMC NEW PRODUCTION FACILITY 500 CHELSEA ROAD MONTICELLO, MINNESOTA EXTERIOR ELEVATIONS, EXTERIOR MATERIAL FINISH SCHEDULE ssues and Rev'sions 1 CONCEPT 11-18-19 PROPOSAL 01-06-20 DEVELOPMENI 1 1 / i 1 1� 1• Commission No: 74761-19170 Drawn bv, LL Checked b BM SHEET ■ TRUE SHEET SCALE C:\Revit Projects\74761-19170 UMC Monticello New Production Facility - Hd'9$ 001b0kM5B(PlMtwiller.rvt EXTERIOR MATERIAL FINISH SCHEDULE MATERIAL ID MATERIAL MANUFACTURER FINISH COLOR LOCATION PRECAST CONCRETE PCAST - 1 FABCON PAINT SW 6254 LAZY GRAY ALL ELEVATIONS WALL PANELS PRECAST CONCRETE PCAST - 2 FABCON PAINT SW 7069 IRON ORE ALL ELEVATIONS WALL PANELS MP -1 METAL PANEL ALUCABOND KYNAR MATCH SW 6789 FIN BLUE MOSQUE FLASH - 1 CAP FLASHING FIRESTONE KYNAR MATCH SW 7069 IRON ORE WALL CAP FLASHING ALL ELEVATIONS AFS FLASH - 1 WINDOW SILL OLDCASTLE ANODIZED ALUMINUM CLEAR ALL ELEVATIONS FLASHING AFS -1 ALUMINUM WINDOW OLDCASTLE ANODIZED ALUMINUM CLEAR ALL ELEVATIONS FRAMES NOTE: THE "BASIS OF DESIGN" MATERIALS FOR THE PROJECT ARE LISTED ON THE SCHEDULE ABOVE. SEE SPECIFICATIONS FOR ADDITIONAL MATERIAL INFORMATION AND OTHER APPROVE D SUBSTITUTIONS. OWNER APPROVAL OF EXTERIOR DESIGN AND MATERIALS: SCHEMATIC DESIGN PHASE OWNER SIGNATURE: DATE DESIGN DEVELOPMENT PHASE: OWNER SIGNATURE: DATE: CONSTRUCTION DOCUMENT PHASE: OWNER SIGNATURE: DATE: CONSTRUCTION ADMIN. PHASE: OWNER SIGNATURE: DATE: FIN — 150'-0" ROOF LEVEL 136-91 /2" LINK ROOF BEARI 123-10" SECOND LEVEL. 112'-9" FIRST LEVEL 100'-0" a SOUTH BUILDING EXTERIOR ELEVATION 1" = 20'-011 WEST BUILDING EXTERIOR ELEVATION 111 = 20'-011 I IIVI -Ix V I\ _ ....... _. ___ - V- I I IIVI -Ix V I EAST BUILDING EXTERIOR ELEVATION 1 if = 20'-011 FIN gL- 150'-0" LEVEL OgL 3'-91/2" LEVEL. 112'-9" LEVEL OL 100'-0" 4 5 5.1 5.4 5.8 6. 6.2 7. 8. 9 10 PCAST-2 EXISTING BUILDING NEW BUILDING FLASH -1 BUILDING BEYOND – PCAST-2 – - A7 F I I I IA7 F I I I 4 A6 PCAST-1 AFS -1 ------------------------------------- — — HM DOOR PCAST-1 PCAST-2 - AFS -1 A4 I------------- Z O FI 150' 0" ROOF LEVEL 136'-9112"� LINK ROOF BEARING 123'-10" SECOND LEVEL. 112'-9" 100'-0" NORTH BUILDING EXTERIOR ELEVATION 1 If = 20'-011 11 14 Fr\\JIV 1 Vr UU ILL/11 14l7 POPE ARCHITECTS, INC. 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, M N 55108-2735 (651) 642-9200 1 FAX (651) 642-1101 www.popearch.com UMC NEW PRODUCTION FACILITY 500 CHELSEA ROAD MONTICELLO, MINNESOTA EXTERIOR ELEVATIONS, EXTERIOR MATERIAL FINISH SCHEDULE Issues and Revisions 1 CONCEPT 11-18-19 PROPOSAL 2 PUD 01-06-20 DEVELOPMENT STAGE PLAN Commission No: 74761-19170 Drawn bv: LL Checked A BM SHEET ■ TRUE SHEET SCALE C:\Revit Projects\74761-19170 UMC Monticello New Production Facility - PMOM 1Et;AWW AMviller.rvt UIVIC NEW PRODUCTION FACILITY (SHEET INDEX I 500 CHELSEA ROAD MONTICELLO. MINNESOTA 55362 �-EFERRED S U B M ITTALS 6r amERs 1 ENGlYffiRED TRUSS DIAGRAAS 2� ReALVI OF SPECRL INSPECTIONS REPORTS 3. ME SPRINKLER SYSTEw DRAWINGS PROJECT DIRECTORY OMER STRUCTURAL -TBC UK-. mm-img Company �q m— BBD Cho— R-dSa Add:� She f: mmkAkk minm� 6M QL7, S� 55362 P Wn.: 1004l +Vffff Ph— (JA'*) MAN# ARCHITECT MECHANICAL -TBO Pao A—W=C-- M _d .,-edN. S.ir 200 Shxt Ph-,.(HA)fff-FMA ELECTRICAL -TBD G—p" h- 5h—Addm, LANDSCAPE - TBID GENERAL CONTRACTOR Lean E.Jd r.9 MA., MN 7. G.= mikaAnd—n LOCATION MAP IrrFLOIA111C 5110 CHELSEA ROAD MONHCEUA RMWA- O A 55362 UMC NEW PRODUCTION FACILITY MONTICELLO, HNNESOTA TITLE SHEET City Council Agenda: 07/12/2021 21. Consideration of a Conditional Use Permit for Group Residential Facility, Multi -Family in an R-3 District, and amendment to the use table, Table 5-1 of the Zoning Ordinance. Applicant: Dawn Rogosheske Prepared by: Meeting Date: ❑ Regular Agenda Item Community Development Director/NAC 7/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Chief Building Official City Administrator Motion to approve a Conditional Use Permit for Group Residential Facility, Multi -Family for 6125 1h Street West, based on findings in Resolution PC -2021-020 and subject to conditions in Exhibit Z. REFERENCE AND BACKGROUND Property: Legal: Lengthy legal Address: 612 W 5 1 Street PID: 155-010-0090 Planning Case Number: 2020-020 Land Use Designation: Mixed Neighborhood Zoning Designation: R-3, Medium Density Residence District The purpose of the "R-3" Medium Density Residence district is to provide for medium density housing in multiple family structures ranging up to and including twelve (12) units and directly related, complementary uses. Overlays/Environmental Regulations Applicable: NA Current Site Use: Single Family Group Residential Facility (Serving 6 or fewer residents) Surrounding Land Uses: North: Railroad and street right of way East: Multi -family townhome South: Single-family residential /multi -family townhome West: Multi -family residential City Council Agenda: 07/12/2021 Project Description: On April 27th, 2020, the City Council granted a Conditional Use Permit as recommended by the Planning Commission for the proposed Group Residential Facility, Multi -Family. The Monticello Zoning Ordinance requires that the use commence within one year of approval or the CUP becomes void. As the applicant/property owner did not proceed with work as authorized under the prior CUP, the applicant is now seeking reauthorization of the CUP. ANALYSIS The applicants currently operate a group residential facility on the subject property, serving up to six residents with needed services. The residents in the existing facility are developmentally disabled adults with a variety of needs and care. The applicants have a large residential home on a 16,500 square foot parcel. The upper floor of the structure is unfinished at present. The applicants' narrative suggests that they are seeking to finish additional residence rooms to increase facility capacity by an additional 6 rooms, or up to 12 residents total. The residents share common area facilities including living space, kitchen and dining space, and other activities space. State regulations provide that such uses are to be allowed, with the potential that a city may require a Conditional Use Permit. Under the current ordinance, a Group Residential Facilities, Multi -Family use requires a CUP in the R-3 District. The applicants would develop the expanded group residential facility by finishing the existing upstairs level — currently just framed but unoccupied — to create six new bedrooms. Tenants would share the common facilities with the existing six -bedroom tenants on the finished main level. In the 2020 application, an exterior deck was the only modification to the exterior of the home. The 2021 application shows the addition of a small structure on the exterior rear garage portion of the home to accommodate accessible lift equipment for residents. As a condition of approval, the exterior of this platform lift area shall be consistent with the balance of the exterior. The applicant has also provided detailed floor plans illustrating the interior layout in conformance with zoning code requirements. These plans are consistent with the prior review and approval. R-3 Zoning District. The R-3 District allows Group Residential Facilities, Multifamily by City Council Agenda: 07/12/2021 Conditional Use Permit. The standards for such facilities are provided in Section 5.2(C)(3)(b)(i) Group Residential Facility, Multi -Family. Conditional Use Permit. Group Residential Facility, Multi -Family shall require authorization through a Conditional Use Permit following the provisions of Section 2.4(D) of this ordinance, and be subject to the following conditions: Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. Comment: The total square footage of the facility is over 6,400 square feet. The requirement for 520 square feet per resident is met. 2. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above. Comment: The facility will always include on-site staffing but no overnight accommodations for staff are required. 3. The property shall be developed to provide 2 off-street parking spaces for staff and one space per 3 residents for visitors. Comment: The existing garage shows space for 4 vehicles, sufficient for the maximum of 3 staff on-site during any shift. In addition, there appears to be space for up to 5 parked vehicles in the driveway area, meeting the resident space requirement. 4. Parking areas shall be paved with concrete or bituminous surface and shall meet all other standards of parking lot design in this ordinance, with the exception that the use shall be exempt from curb requirements. Comment: The driveway and parking areas are paved. 5. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property. Comment: The property is approximately 16,400 square feet, with open/green space covering over 6,900 square feet of the site, or approximately 42% of the site. 6. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. City Council Agenda: 07/12/2021 Comment: The applicants' building is an existing structure which is similar in character to the existing one- and two-story residences in the immediate area. The building is constructed of compliant residential building materials. A front porch and dormer windows on the front fagade add to the residential character of the property. The garage is side -loaded and is well -screened from the adjacent townhomes. The exterior building modification for the platform lift shall be compatible with the balance of the principle building and subject to the review and comment of the Building Official. 1. Budget Impact: As a reauthorization, expenses are limited to the review of plan revisions and the preparation of this report. 2. Staff Workload Impact: As a reauthorization, expenses are limited to the review of plan revisions and the preparation of this report. 3. Comprehensive Plan Impact: The Monti204O community Vision is to create a friendly and safe community which is inclusive and fosters a sense of belonging. In support of this vision, the city has adopted a strategy which includes a range of housing opportunity As an actively developing community, Monticello seeks to provide opportunities for a full range of "life cycle" housing options allowing residents of all ages and abilities to stay and growth with our community. PLANNING COMMISSION RECOMMENDED ACTION The Planning Commission reviewed this item on July 6, 2021, holding a public hearing on the request. No public was present to address the Commission on the request. The Commission indicated no concern wit the proposed reauthorization and recommended approval unanimously, subject to Conditions in Exhibit Z. STAFF RECOMMENDED ACTION Staff recommends approval of the requested Conditional Use Permit reauthorization, subject to conditions in Exhibit Z. SUPPORTING DATA A. Resolution 2021-020 B. Aerial Site Image C. Applicant Narrative D. Floor Plans E. Site Images F. Open Space Calculation G. Monticello Zoning Ordinance, Excerpt CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-020 RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A GROUP RESIDENTIAL FACILITY, MULTI -FAMILY, IN AN R-3, MEDIUM DENSITY RESIDENCE DISTRICT, ADDRESS: 612 W 5T" STREET PID: 155-010-0090 WHEREAS, the applicant has submitted a request to remodel an existing Group Residential Facility to accommodate additional adult residents; and WHEREAS, the site is zoned Medium Density Residence District (R-3) and, which allows such use by Conditional Use Permit; and WHEREAS, the proposed use and development are consistent with the Comprehensive Land Use Plan designation of "Mixed Neighborhood"; and WHEREAS, the applicants have provided materials documenting the proposed layout of the improvements to the existing building; and WHEREAS, the exterior dimensions of the proposed building will not be affected by the proposed remodeling; and WHEREAS, the additional residents will result in a total occupancy of the building that is similar to other allowed uses in the R-3 District, including Assisted Living or Medium Density Residential; and WHEREAS, the residents are under the care of staff and are not likely to significantly increase traffic in the neighborhood; and WHEREAS, the Planning Commission held a public hearing on July 6th, 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-020 1. The applicant has provided building plans that, subject to review by the City's Building Department, will demonstrate adequate compliance with various applicably Zoning Ordinance, Fire Code and Building Code requirements. 2. The applicant can provide adequate site plan documentation of compliance with the relevant aspects of the City's Zoning regulations related to Group Residential Facilities, Multi -Family. 3. The building is a large structure which will accommodate the proposed use without crowding the subject property or neighboring parcels. 4. The site appears adequate to accommodate vehicular traffic and parking, as well as open space and other requirements to accommodate the use. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approve the Conditional Use Permit for a Group Residential Facility, Multi -Family, subject to the conditions identified in Exhibit Z of the Staff report, as listed below: 1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. 2. Living accommodations for on-site resident staff may be accommodated as needed and shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above. 3. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property. 4. The exterior building addition shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. 5. Comments of the Building Official, and other staff and Planning Commission. ADOPTED this 6t" day of July, 2021 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION Z Paul Konsor, Chair 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-020 ATTEST: Angela Schumann, Community Development Director Dawn Rogosheske I Request for Conditional Use Permit Created by: City of Monticello Lengthy Legal -See City Hall I PID: 155-010-0090801 6125th Street West St. Andrews House St. Andrews house is licensed by the MN Department of Human Services that provides a supervised environment for adults that are unable to live independently due to a debilitating physical or mental condition since 2007. St. Andrews has staff on shift 24 hours a day to assist any client with their activities of daily living. Unlike larger corporations we pride ourselves with a family -type environment that keeps the clients at ease and safe. Presently living at St. Andrews is 4 clients that have their own bedroom. There is a total of 6 bedrooms on the main level. The clients share common space areas. The common areas consist of 2 living rooms, 2 kitchens, and 2 laundry rooms. Presently square footage is 3,200. St. Andrews offers to keep older adults connected to their home communities when they no longer have the independence to do it themselves. Some of the services St. Andrew provides are assisting the individual with daily personal care, aiding in daily recreational or vocational activities, providing transportation to medical appointments, shopping, and recreational activities, preparing and serving meals and dispensing medications. With the expansion there will be no change to the services being provided. The next stage for St. Andrews is to become an Assisted Living facility and stop Adult Foster Care. Home and Community Based Services Designation license (HWS) will be applied for. To accomplish this the addition that is already in existence, would need to be finished. We will be adding 6 more bed rooms and another living room for new clients which would increase the square footage by 2,900. The only exterior change would be a deck added to the upper level to the garage for a fire escape. We will also be receiving a new license for Temporary Comprehensive Home Care. This license will allow St. Andrews to provide Assisted Living. We already have a system in place with 14 employees, operation will stay the same since 2007. 3 full time employee and 11 part time employees. We presently have 2-3 staff on from Sam to 8pm. We have 1 staff on from Bpm to 6am. Service is provided 24/7. St. Andrews House 6125 th Street West Monticello, MN 55362 Property Description Sect -11 Twp -121 Range -025 ORIGINAL PLAT MONTICELLO Lot -008 Block -009 LTS 8 & TH PRT of LTP DES COM N E LY COR TH N W LY 33ft TH SW LY Property ID: 155-010-009080 St Andrews is an AFC. It is for our clients, like living in a home. One to four adults with disabilities and seniors live together in the house, each with their own bedroom. The living rooms, bathrooms, kitchens, and any other rooms are shared. A caregiver also is present in the house that is there 24/7 to provide services to the clients. We like to pride ourselves on the quality of care we provide to our clients. We take them to their doctor appointments and many community events from St. Cloud to Rogers. We like to keep older adults connected to their home communities when they no longer have the independence to do it themselves. Our overall plan is to finish the addition above the main facility and to increase capacity for a total of 10 clients. St. Andrews house already falls under Housing Support (formerly Group Residential Housing) as Adult Foster Care. Also under Housing Support is Board and Lodge, Supervised living facilities, Boarding Care Homes and Housing with Services establishments. We are unsure of what Monticello's policies are for the above services. We are in the planning stages and would like the recommendation of what would best fit in Monticello. St. Andrew's Home Dawn Rogosheske, RN Provider/Owner Cell: 612-963-5412 Alt- Wyett Rogosheske: 612-963-2355 St. Andrews Home Phone: 763-295-6001 Fax: 763-295-6001 *Please Note to Call the Group Home Before Sending Fax 612 5th Street, Monticello, MN 55362 ASSISTED LIVING 612 5th Street West, New stairway and vertical platform lift Monticello, MN 55362 pOOR/GAY� MAY ®W'Aff1 GATE/DOOR OPENING IPIr ILVJOOY aOrrrarID. vnnns�mswmc � aflwu A 1M MeanC wAwwcwni.wc�rn®. / / UPPER LANDING 33/8GATE/ d o _ •� Op aL we�� / DOOR a s a< w p 36" CLR O LOWER LANDING / z BLOCKING / MIN. BY OTHERS Q'0171 E m m PLATFORM LIFT W/ FULL ENCLOSURE Standard Features • Rated capacity: 750 lbs. • Speed: 10-20 fpm (see drive options for details) • Luting height: up to 188" • Steel construction with powder -coated finish • A.W.A.R.E. system (Active Wiring, Accessories, Relay and Electronics Diagnosis)- • Constant-prossure up/down control switch Installed on the Platform • Constant-prossure hall call control station provided at each lending Optional Features • Low profile carriage: 11/2" pit depth • 230 VAC power supply • ADA phone for both Indoor and outdoor models • Emergency platform lighting • Key switches to lock platform and lending controls • Stationary ramp • Fult-speed battery backup • Power gate/door operators • 3 -Gate system • Power ventilation system • 5 ftc LED lights with or without battery backup • Single or double slope roof SafetyFeatures Grab rail • Non-skid platform surface (Black) • Alarm and emergency stop switch • Landing interlocks keep doors closed/locked when the platform is at another landing • Upper final limit switch (optional on Hydraulic Drive) • Safety lift nut for Acme Screw Drive • Broken chain safeties for Hydraulic Drive Clear Platform Sizes (Custom sizes and designs available) • 36"W x 48"D • 36-W x 54-D • 38"W x 60"D - 42"W x 60"D Enter/Exit Configurations • Straight -Through • 90• Adjacent • Enter/Exit Same Side • 3 Openings Gets/Door Options • 42 platform gate••§ - 80" landing gets - 42 upper landing gate— • Non -Fire -rated Red Oak Boort • 11/2 hour Fire -rated steel door (B Label) VPL Enclosure Options • Metal infill enclosure wail panels for EL • Acrylic or Laminated Safety Glass Infill enclosure well panels for ELP Note The platform lift w/ full enclosure shown in this drawing and platform lift Savaria V1504 Type -1R plus enclosure shown in the following drawings, are both viable solutions for addressing the need of vertical circulation of people with disabilities, or reduced mobility, throughout the building. Contractor to identify with supplier most suitable model for requirements of customized enclosure and outdoor application. 2018 IBC, 2020 MNBC SHEETINDEX T1. Title sheet, platform lift specs S1. Existing conditions: ground floor plan, section 1 S2. Existing condition: framing plan, roof plan S3. Solution 3 (scale 1/8"=1'): ground floor, 2nd floor plan, section 2 S4. Solution 3 (scale 3/16"=1'): ground floor, 2nd floor framing plan, demolitions S5. Solution 3 (scale 1/4"=1'): ground floor (demolitions and remodel) S6. Solution 3 (scale 1/4"=1'): section 2a(existing) section 2b (remodel) S7. Solution 3: ground floor plan S8. Solution 3: 2nd floor plan, section 4 S9. Solution 3: Section 3, Elevation Northwest, Platform lift floor plan Project title ASSISTED LIVING NEW STAIRWAY AND VERTICAL PLATFORM LIFT ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmaiI.com Commission Number Data XXXXX 2D4=1 Becklin & Whitney Consulting Engineers, Inc. 139 1st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763)552-5631 Drawn ROBERTO F. CICERO (necked Will I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 41 . k1_6 ,-- William A. Becklin, P.E. DATE: 02/26/2020 LIC. NO. 18494 Sheet Name TITLE SHEET PLATFORM LIFT SPECS SCALE: AS INDICATED Sheet d o _ •� Op aL we�� 3 a s a< w p O LOWER LANDING / z B1.00KBNC N BYO HERS BLOCKING BY OTHERS 564' PINP5HED HOISK'WAY rZPLATFORM LIFT LAYOUT U 1 = 1 PLATFORM LIFT W/ FULL ENCLOSURE Standard Features • Rated capacity: 750 lbs. • Speed: 10-20 fpm (see drive options for details) • Luting height: up to 188" • Steel construction with powder -coated finish • A.W.A.R.E. system (Active Wiring, Accessories, Relay and Electronics Diagnosis)- • Constant-prossure up/down control switch Installed on the Platform • Constant-prossure hall call control station provided at each lending Optional Features • Low profile carriage: 11/2" pit depth • 230 VAC power supply • ADA phone for both Indoor and outdoor models • Emergency platform lighting • Key switches to lock platform and lending controls • Stationary ramp • Fult-speed battery backup • Power gate/door operators • 3 -Gate system • Power ventilation system • 5 ftc LED lights with or without battery backup • Single or double slope roof SafetyFeatures Grab rail • Non-skid platform surface (Black) • Alarm and emergency stop switch • Landing interlocks keep doors closed/locked when the platform is at another landing • Upper final limit switch (optional on Hydraulic Drive) • Safety lift nut for Acme Screw Drive • Broken chain safeties for Hydraulic Drive Clear Platform Sizes (Custom sizes and designs available) • 36"W x 48"D • 36-W x 54-D • 38"W x 60"D - 42"W x 60"D Enter/Exit Configurations • Straight -Through • 90• Adjacent • Enter/Exit Same Side • 3 Openings Gets/Door Options • 42 platform gate••§ - 80" landing gets - 42 upper landing gate— • Non -Fire -rated Red Oak Boort • 11/2 hour Fire -rated steel door (B Label) VPL Enclosure Options • Metal infill enclosure wail panels for EL • Acrylic or Laminated Safety Glass Infill enclosure well panels for ELP Note The platform lift w/ full enclosure shown in this drawing and platform lift Savaria V1504 Type -1R plus enclosure shown in the following drawings, are both viable solutions for addressing the need of vertical circulation of people with disabilities, or reduced mobility, throughout the building. Contractor to identify with supplier most suitable model for requirements of customized enclosure and outdoor application. 2018 IBC, 2020 MNBC SHEETINDEX T1. Title sheet, platform lift specs S1. Existing conditions: ground floor plan, section 1 S2. Existing condition: framing plan, roof plan S3. Solution 3 (scale 1/8"=1'): ground floor, 2nd floor plan, section 2 S4. Solution 3 (scale 3/16"=1'): ground floor, 2nd floor framing plan, demolitions S5. Solution 3 (scale 1/4"=1'): ground floor (demolitions and remodel) S6. Solution 3 (scale 1/4"=1'): section 2a(existing) section 2b (remodel) S7. Solution 3: ground floor plan S8. Solution 3: 2nd floor plan, section 4 S9. Solution 3: Section 3, Elevation Northwest, Platform lift floor plan Project title ASSISTED LIVING NEW STAIRWAY AND VERTICAL PLATFORM LIFT ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmaiI.com Commission Number Data XXXXX 2D4=1 Becklin & Whitney Consulting Engineers, Inc. 139 1st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763)552-5631 Drawn ROBERTO F. CICERO (necked Will I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 41 . k1_6 ,-- William A. Becklin, P.E. DATE: 02/26/2020 LIC. NO. 18494 Sheet Name TITLE SHEET PLATFORM LIFT SPECS SCALE: AS INDICATED Sheet 3 GROUND FLOOR PLAN 3/16'= 1' PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmaii.com CokmlUsbn Number Dain XXXXX Z00=1 Becklin & Whitney Consulting Engineers, Inc. 1391st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763)552-5631 Drawn ROBERTO F. CICERO Checked WB I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. '% 0 William A. Becldin, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name EXISTING CONDITIONS SECTION 1 GROUND FLOOR PLAN SCALE: AS INDICATED Sheet S1 FRAMING PLAN 4 1/8"= 1 5 ROOF PLAN 1/8"= —1-7— PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com Comm4sbn Number Date )DOM aavmsi Becklin & Whitney Consulting Engineers, Inc. 139 1st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763) 552-5631 Drown ROBERTO F. CICERO Checked WB 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE SSA nTATE OF MINNESOTA. aw�CC4 WdRam A. Beddin, P.E. DATE: MARCH 24, 2020 UC. NO. 18494 Sheet Name EXISTING CONDITIONS -FRAMING PLAN - ROOF PLAN I SCALE: AS INDICATED Sheet S2 6SECTION _ 3/16"= 1' GRO ND FLOOR PLAN 1%8 = 1 n SECOND FLOOR PLAN PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com Con.nwbn Nunmer Dere )000D( zwrlm, Becklin & Whitney Consulting Engineers, Inc. 139 1st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763) 552-5631 Drawn ROBERTO F. CICERO Chocked We I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. WiUiBm A. Backfin, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name SOLUTION 3 - GROUND FLOOR PLAN - 2ND FLOOR PLAN - SECTION 2 I SCALE: AS INDICATED Sheet S3 9 GROUND FLOOR PLAN 16 2nd FLOOR FRAMING PLAN 3 /16"= 1 3 16"= 1' ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, KITCHEN Monticello MN 55362 z o. SFDrtOM CONTACT: 9n E°. Telephone: 763-295-6001 standrewshome@gmail.com ILCommbelon Number Daw maaloon x700« zAtrm l Becklin & Whitney Consulting Engineers, Inc. 139 1st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763)552-5631 Drawn ROBERTO F. CICERO ducked WB o la .�-I" -ET I HEREBY CERTIFY THAT THIS PLAN, o�nao�w. SPECIFICATION, OR REPORT WAS PREPARED --- ----------------------------------------------------------- — ---- BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS I _a_ CoaPiooa i OF THE STATE OF MINNESOTA i I D Q %� ' i Asf AMSC W �� I I I I WWi=A.9eddin,P.E. 1 DATE: MARCH 24, 2020 UC. NO. 18494 Iz ' 5rDrtI- an on j Sheet Name 1 SOLUTION 3 I - GROUND FLOOR PLAN - 2nd FLOOR FRAMING PLAN - DEMOLITIONS I J SCALE: AS INDICATED I I I I I -- -- - - ----------------- -------------------------------------------- Sheet o E.�ITI. 1-1- --- DEMO 1ii14S DEMOLITIONS 11 3/16"= 1 E S4 PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com CommImbn Number Date )Co()()( M4=1 Becklin & Whitney Consulting Engineers, Inc. 1391st Ave. E, Suite 100 12 GROU D FLOOR PLAN (DEMOLITIONS) P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763)552-5631 Rewn ROBERTO F. CICERO Checked WB 13 R UN FLOOR PLAN (REMODEL) - 1/4"= R M1/4"= 1 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. William A. Beck in, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name SOLUTION 3: GROUND FLOOR PLAN (DEMOLITIONS) - GROUND FLOOR PIAN (PROPOSED ADDITION) SCALE: AS INDICATED Sheet S5 14 SECTION 2A EXISTING 1 4 = 1 e.. ad — 7/is' OM to .n :k d truer ./ a�eti.n Wk •lid. a Sb,_ 110 . 1 1/2' .•.w 4' O.C..n d —6. —.W. 2d SW 12 (Z) 1.7.11275 IN N. b— (I (3) .ww wq/ ; I. 7wwd•.n Nd (1) 1.7504' IN tN. w mdr We d h.0 ./ I&I ml. It O.C..• dl nenh- —W i(2) 1.75.11875 IN LN b— eokd 61.rYiq`I. •/ 15 SECTION 2B (REMODEL) —T/4- = 1 PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com Commission Number Date XXXXX N4=1 Becklin & Whitney Consulting Engineers, Inc. 139 1 st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763) 552-5631 Drawn ROBERTO F. CICERO Checked WB I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE �TA S%T�A%TEE O� F MINNNESOTA.� & William A. Becklin, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name SOLUTION 3 SECTION 2A (EXISTING CONDITION) SECTION 2B (REMODEL) SCALE: AS INDICATED I Sheet S6 ASSISTED LIVING NOTE MONTICELLO Any discrepancy be the stair total rise set on the project and the actual height dimensions from finished floors to be compensated by incresing/decreasing the level of the starting step at bottom of stairway. Code: The maximum riser height is 7 3/4" and the minimum tread depth shall be 10". Project risers=7.25"; tread = 10" GROUND FLOOR PLAN 3/16" = 1' ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com Commission Number Date XXXXX 2/04=1 Becklin & Whitney Consulting Engineers, Inc. 139 1 st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763) 552-5631 Drawn ROBERTO F. CICERO Checked WB I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OFFTTHE �STATE OF MINNESOTA. William A. Becklin, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name SOLUTION 2: GROUND FLOOR PLAN - SECTION 3 I SCALE: AS INDICATED I Sheet S7 Existing roof is framed with manufactured girder trusses in anticipation of future dormers 18 SECOND FLOOR PLAN 1/8" = 1' PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com Commission Number Date xxxxx 2V*021 Becklin & Whitney Consulting Engineers, Inc. 139 1 st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763) 552-5631 Drawn ROBERTO F. CICERO Checked WB I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. WlfiamA. Becklin, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name SOLUTION 3 SECTION 4 - 2ND FLOOR PLAN SCALE: AS INDICATED Sheet 20ELEVATION NORTHWEST x/16" = 1' SECTION 3 3/16" = 1' TOP VIEW TYPE -1P B INISHED RUNWAY LENGTH (PIT LENGTH) C (CENTER LINE) 76nn C3'] 14nn C9/16'] RUNNING RUNNING CLEARANCE CLEARANCE TOWER CENTER LINE MW li CLEAR CAD 76nn 13'3, ----------------- RUNNING CLEARANCE ANCHOR POINTS 13nn Cl/ 996.n 37"1 W 504 ;ceaearue �xe� i FINISHED RUNW Y WIDTH (PIT IDT ) 3 2' 13nn C1/2' 43 5/16' FOR 36' PLATFORM �. PLATFORM LIFT PLAN L 1 NOT TO SCALE PROJECT TITLE: ASSISTED LIVING MONTICELLO ADDRESS 612 5th Street West, Monticello MN 55362 CONTACT: Telephone: 763-295-6001 standrewshome@gmail.com Commission Number Date )OOOC( 2104/1021 Becklin & Whitney Consulting Engineers, Inc. 139 1st Ave. E, Suite 100 P.O. Box 471 Cambridge, MN 55008 Phone: (763) 689-5631 Fax: (763) 552-5631 Drawn ROBERTO F. CICERO Checked WB I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. a a William A. Becklin, P.E. DATE: MARCH 24, 2020 LIC. NO. 18494 Sheet Name SOLUTION 3: SECTION 3 ELEVATION NORTHWEST PLATFOTM LIFT FLOOR PLAN SCALE: AS INDICATED Sheet te ,04 Wre „f a r � ry • r • w • ,,� y 14 " f - �p1 •r P4N'+*:»r �t 1 �{• J a a�z I -»•--1+.•a-a-.�..•'...w.vn• �a._._.- ._ ... ^ .•'Y•ii". � .. `f .� �° ~,;,� r A. .� °I r * Mi, °a ^4%� .." 1 � � A '.i. r OAR. Ile Air fr r rt -dw Open/Green Space —' 492A 1§q. Feet et � aF e et a 5471.7 A, eet 9e --As6b_ 1 CITY OF A Monticello t'I 1 in = 47 ft N A June 28, 2021 Map Powered By Data Link wsb CHAPTER 5: USE STANDARDS Section 5.2 Use -Specific Standards Subsection (C) Regulations for Residential Uses (i) No overnight facilities are provided for the children served. Children are delivered and removed daily. (ii) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (b) Group Residential Facility, Multi -Family (i) Group Residential Facility, Multi -Family shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance, subject to the following conditions: 1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. 2. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above. 3. The property shall be developed to provide 2 off-street parking spaces for staff and one space per 3 residents for visitors. 4. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this ordinance, with the exception that the use shall be exempt from curb requirements. 5. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property. 6. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. (4) Manufactured Homes / Manufactured Home Park (a) Manufactured Homes in General All manufactured homes within the City of Monticello shall be built in conformance with the manufactured home building code and comply with all provisions of this ordinance. (b) Manufactured Home Parks Development of new manufactured home parks shall be encouraged to use the planned unit development (PUD) process to allow the City to vary or modify the strict application and requirements for manufactured home parks to more readily accommodate this type of development. However, absent development through a PUD, the following requirements shall apply: (ii) In General: 1. The minimum total manufactured home park area shall be five acres. 2. Each designated mobile home site shall not be less than 2,500 sf. Page 368 City of Monticello Zoning Ordinance City Council Agenda: 07/12/2021 2J. Consideration of appointing Teri Lehner to the Monticello Planning Commission for a term to expire on December 31, 2023 Prepared by: Meeting Date: ❑ Regular Agenda Item Community Development Director 7/12/2021 ® Consent Agenda Item Reviewed by: Approved by: City Clerk City Administrator ACTION REQUESTED Motion to approve the appointment of Teri Lehner to the Monticello Planning Commission with a term ending December 31, 2023. REFERENCE AND BACKGROUND City Council is asked to appoint a representative to fill the remainder of a term on the Monticello Planning Commission for the position that was held by John Alstad, who recently resigned. The Planning Commission recommended the appointment of Teri Lehner to fill the position, with a term to expire on December 31, 2023. The Planning Commission interviewed the candidate on July 6, 2021. The commission voted unanimously to appoint Ms. Lehner. The Planning Commissioners recognize their role as advisory for this appointment. As is practice, Council was invited to attend the interviews. Council has the authority on final appointment and City Council may wish to interview the candidates separately prior to final appointment of the position. I. Budget Impact: Commissioners are paid a stipend for meetings, which is an annual budgeted expense. II. Staff Workload Impact: Staff time is limited to the preparation for interview and the appointment report. III. Comprehensive Plan Impact: A full complement of Planning Commission members provides the city with representation on planning and zoning matters in support of the Monticello 2040 Vision + Plan. STAFF RECOMMENDED ACTION City staff recommends approval of the appointment. SUPPORTING DATA • Application OHC - P t Job Application EMPLOYMENT APPLICATION CITY O F City of Monticello 505 Walnut Street Monticello Monticello, Minnesota - 55362 ci nonticello mn ns hLe /er, T Lehner, Teri, J. MINNESOTA Planning Commission Member (Volunteer Position) PERSONAL INFORMATION POSITION TITLE: Planning Commission Member (Volunteer Position) NAME: (Last, First, Middle) Lehner, Teri, J. ADDRESS: Street City, State, Zip Code) HOME PHONE: LEGAL RIGHT TO WORK IN THE DRIVER'S LICENSE: UNITED STATES?: Yes State: MN Number: • Yes Naaaaaaaaaaa8 • No PREFERENCES ARE YOU WILLING TO RELOCATE? • Yes • No • Maybe WHAT TYPE OF JOB ARE YOU LOOKING FOR? TYPES OF WORK YOU WILL ACCEPT: Received: 6/9/212 20 PM For Official Use Only: QUAL: DNQ: Job Number: 2021-00016 PERSON ID: 45680100 • Experience • Trailing • Other: NOTIFICATION PREFERENCE: Email HIGHEST LEVEL OF EDUCATION: Bachelor's Degree haps://secure neogov.c ... 1e38b1980da90bt39412P/et94bd/360b4e5ded54d4c1/49940299269albff/4052835bc0dab9c39ac3Bcd0a5198d[6/16/202110:28:45"1 OHC - Print Job Application EDUCATION SCHOOL NAME: St. Cloud State University DID YOU GRADUATE? LOCATION:(City, , State) . Yes St. Cloud, MN . No WORK EXPERIENCE DATES: EMPLOYER: from March/2020 to Present Portico Benefit Solutions ADDRESS: (Street, City, State, Zip Code): Minneapolis, MN 55415 MAY WE CONTACT THIS EMPLOYER? • Yes • No HOURS PER WEEK: 40 DEGREE RECEIVED: Bachelor's POSITION TITLE: Customer Engagement Manager DUTIES: Responsible for effective management of the overall customer experience including content development, online and digital experience, results and engagement. Lead a team of content developers and strategists responsible for overall corporate engagement with a goal of at least 50% NPS for all segments currently exceeding that goal by 15% Development of all health care benefit and financial planning communications and content for over 22 population segments. Business lead on development of new marketing personas to better drive segmented marketing initiatives. Led the development of new reporting and dashboard system to report across the organization to measure engagement and overall success of product lines. Partner with Business Development team to drive new business growth and engagement. REASON FOR LEAVING: Currently employed DATES: EMPLOYER: from July/2017 to Present Self Employed ADDRESS: (Street, City, State, Zip Code): Monticello, MN MAY WE CONTACT THIS EMPLOYER? • Yes • No HOURS PER WEEK: 40 POSITION TITLE: Marketing Consultant Freelance https://secure neogov.corn/... le38b1980da9Obf3941217ef94be736Ob4e5ded54d4cl/49740277269albff74052835bcOdab7c39ac3ffcd0a5198d[6/16/2021 10:28:45 AM] OHC - Print Job Application DUTIES: Marketing Consultant focused on small business and new business owners Business Development and planning inclusive of researching new markets, new audiences, inventory and budget planning and overall business planning. Average ROI increase of 20% on marketing initiatives and increased sales of 15%. Emphasis on training new business owners to be effective marketers, understand ROI, product positioning, marketing mix and marketing planning. Website content, layout and development to successfully promote growth and engagement. Work in partnership with owners to develop workable social media strategies to drive new business. REASON FOR LEAVING: Self employed DATES: EMPLOYER: from June/2006 to July/2017 Thrivent Financial ADDRESS: (Street, City, State, Zip Code): Minneapolis, MN 55415 MAY WE CONTACT THIS EMPLOYER? • Yes • No HOURS PER WEEK: 40 POSITION TITLE: Marketing Manager DUTIES: Various roles with increasing responsibility and scope of work during my tenure at Thrivent. Strategic Marketing Manager Created a Relationship Marketing program with multiple touch points with the sole purpose of providing over 2 million Lutheran members with relevant content to drive customer engagement. Increased engagement by 15% and increased sales by 10% for those enrolled in the program. Managed content and content calendar for multiple publications including newsletters, magazine and direct to consumer marketing in a highly regulated financial environment. Experience in leading a team of marketing professionals including strategy and creative briefs, working with creative teams, compliance and legal as well as driving successful execution. Leader of Go to Market strategy team inclusive of multi -channel campaigns with a focus on lead generation, relationship marketing, engagement and activation campaigns including research, development, ideation, execution and analysis. Development of marketing strategy including planning and development of new contact programs for 2500 national sales representatives, brand awareness and client engagement campaigns. All with positive ROI. Key player on cross functional enterprise wide teams to drive sales strategies using workshops and events to drive new business. Developed new training materials for all marketing programs. Training of new sales reps on marketing best practices, how to leverage marketing tools and how to gain brand awareness at the local level. Manager of Marketing Operations/Field Marketing Business owner of marketing systems and software including IBM Marketing Cloud/Unica, Silverpop as well as proprietary marketing systems. Led purchase of new systems including writing business case, reporting to senior management, writing business requirements. Developed test plans and rollout plans for new marketing tools. Management of team of over 15 staff to accomplish goals on time and under budget. Member of Senior Leadership team for marketing data integration projects. Manage strategic planning for Advisor Marketing reporting and budget for over $4 million in marketing spend including management of Field Co -Op program to drive local marketing by the field. Cl Savings of over $1million in the last two years while maintaining sales growth numbers. Provide leadership for effective change management on a variety of large projects impacting 2400 deployed sales representatives. Developed and rolled out a marketing training program for 2500 deployed sales reps to drive increased local marketing activity. Increased marketing activity by 20% at the local level. Manager of Direct Marketing/Project Manager Management, training and development of direct marketing team. Overall project management and campaign management including project planning, deadline management, vendor and internal stakeholder coordination and accountability to senior leaders on tactical execution. Prospect marketing testing and rollout of new lead generation program. Prospect marketing was all new with test plan, evaluation of rollout potential and continued enhancement of ROI thru testing of new lists, new creative, new contracts with vendors and various other methods. Development of test plans, multi touch campaigns including email, direct mail, mass media. Strengths include: Campaign development, testing, evaluation of campaigns and making solid well https://secure neogov.com/...le38b1980da9Obf3941217ef94be736Ob4e5ded54d4cl/49740277269albff74052835bcOdab7c39ac3ffcd0a5198d[6/16/2021 10:28:45 AM] OHC - Print Job Application thought out recommendations to leverage learnings. Leading to increased revenue and ROI on future campaigns. REASON FOR LEAVING: Position eliminated CERTIFICATES AND LICENSES Nothing Entered For This Section SKILLS OFFICE SHILLS: Nothing Entered For This Section OTHER SHILLS: Nothing Entered For This Section LANGUAGE(S): Nothing Entered For This Section SUPPLEMENTAL INFORMATION Interests & Activities Gardening (Monticello community garden) Golf (member at Monticello country club) Mentoring REFERENCES Nothing Entered For This Section Agency - Wide Questions 1. Are you at least 16 years old? Yes 2. Are you at least 18 years old? Yes How did you hear about this position? 3' Other If you marked "Other" please specify. 4' Email sent to me Job Specific Supplemental Questions Please describe in detail why you are interested in volunteering for the City of Monticello. 1. I have lived here for almost 20 years and I have a strong passion for wanting this city to continue to grow but keep the charm of the small community. Achieving that balance is critical in my mind. Please describe your qualifications for this appointment below. 2. I have been a business owner, have led large teams at Fortune 500 companies but have also worked with start ups and small business. I believe my experience and my passion would be an asset. Please describe your prior volunteer experience (include organization names and dates of service). 3' Ad hoc volunteering so far: feed my starving children, Wright county meal delivery etc By clicking on the 'Accept & Submit' button, I hereby certify that all of the information provided by me in this https://secure neogov.corn/... le38b1980da90bf3941217ef94be736Ob4e5ded54d4cl/49740277269albff74052835bcOdab7c39ac3ffcd0a5198d[6/16/2021 10:28:45 AM] OHC - Print Job Application application (or any other accompanying or required documents) is correct, accurate and complete to the best of my knowledge. I understand that the falsification, misrepresentation or omission of any facts in said documents may be cause for denial of employment or immediate termination of employment regardless of the timing or circumstances of discovery. I understand that submission of an application does not guarantee employment. I understand that none of the documents, policies, procedures, actions, statements of the City of Monticello or its representatives used during the employment process is deemed a contract of employment, real or implied. In consideration for employment with the City of Monticello, if employed, I agree to conform to the rules, regulations, policies and procedures of the City of Monticello at all times and understand that such obedience is a condition of employment. I understand that if offered a position with the City of Monticello, I may be required to submit to a pre-employment medical examination, drug screening and background check as a condition of employment. I understand that unsatisfactory results from, refusal to cooperate with, or any attempt to affect the results of these pre-employment tests and checks will result in withdrawal of any employment offer or termination of employment if already employed. I hereby authorize all schools, former employers, references, courts and any others who have information about me to provide such information to the City of Monticello and/or its representatives, agents or vendors and I release all parties involved from any and all liability for any and all damage that may result from providing such information. This application was submitted by Lehner, Teri, J. Signature Date https://secure neogov.corn/... le38b1980da90bf3941217ef94be736Ob4e5ded54d4cl/49740277269albff74052835bcOdab7c39ac3ffcd0a5198d[6/16/2021 10:28:45 AM] City Council Agenda: 07/12/2021 2K. Consideration of approving change order #1 for 2020 Stormwater Improvements, City Proiect 200002 in the amount of 529.675.30 Prepared by: Meeting Date: ❑ Regular Agenda Item Project Engineer 7/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Public Works Director/City Engineer, City Administrator Finance Director Motion to approve change order #1 for 2020 Stormwater Improvements, City Project 200002 in the amount of $29,675.30. PREVIOUS COUNCIL ACTION November 9, 2020: City Council awarded the project to Jacon, LLC. REFERENCE AND BACKGROUND Jacon, LLC is requesting approval of Change Order No. 1 in the amount of $29,675.30 to install a permanent erosion control product called Shoreflex. The product will be installed instead of the originally proposed erosion control blankets in the stormwater channel located on the south property line for the A Glorious Church parcel. This open channel ditch is 275' between the pipe outlet and the newly expanded pond. Due to high flow rates coming out of the pipe during storm events, sediment continues to wash downstream into the pond. The installation of the permanent product will help keep the channel from washing out and reduce pond maintenance costs in the future. A summary of the original total project budget follows; however, please note, this project falls within budget years 2020 and 2021 with costs allocated in two separate years. Original Project Budget Engineering/Legal/Admin $70,000 Property Acquisition $175,000 Engineer's Construction Estimate with Contingency $526,097 Project Total $771,097 City Council Agenda: 07/12/2021 The original construction contract awarded to Jacon, LLC was $462,494.18, and the new contract including Change Order #1 is $492,169.48. Budget Impact: The 2021 budget includes $475,000 for this project, of which approximately $400,000 has been spent to date. With the change order, staff anticipates the project will exceed the 2021 budgeted amount and will require use of Stormwater fund reserves. II. Staff Workload Impact: Staff workload is not expected to change from the original project. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approving change order #1 for city project # 200003 2020 Stormwater Improvements. SUPPORTING DATA • Change Order #1 CHANGE ORDER NO.: 1 Owner: City of Monticello Owner's Project No.: Engineer: Bolton and Menk, Inc. Engineer's Project No.: W13.120865 Contractor: JACON LLC Contractor's Project No.: Project: 2020 Stormwater Improvements Contract Name: Date Issued: July 8, 2021 Effective Date of Change Order: July 13, 2021 The Contract is modified as follows upon execution of this Change Order: Description: Furnish and Install Shoreflex armoring per manufacturers recommendations in the bottom of the stormwater channel between the existing stormwater outfall and the southwest corner of the stormwater pond. Approximate dimensions of armoring are 275' x 16'. Salvage existing rip -rap rock checks in channel and load into City truck for City to haul off-site. Remove Category 1 Erosion Control blanket in this location from the contract. Attachments: Add: Shoreflex Armoring = $7/S.F. x 4,400 S.F. = $30,800 Subtract: Erosion Control Blanket Cat. 1 = $2.30/S.Y. x 489 S.Y. = $1,124.70 Total Contract Change = $30,800 - $1,124.70 = $29,675.30 Change in Contract Price Change in Contract Times [State Contract Times as either a specific date or a number of daysl Original Contract Price: Original Contract Times: Substantial Completion: July 1, 2021 $ 462,494.18 Ready for final payment: September 1, 2021 [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders No. 1 to No. Orders No.1 to No. Substantial Completion: NA $ NA Ready for final payment: NA Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: July 1, 2021 $ 462,494.18 Ready for final payment: September 1, 2021 [Increase] this Change Order: [Increase] this Change Order: Substantial Completion: 0 Days $ 29,675.30 Ready for final payment: 0 Days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: July 1, 2021 $ 492,169.48 Ready for final payment: September 1, 2021 Reco mended by Engineer (if required) By. —17(� �✓ Title: Prin Ipal Engineer Date: July 8, 2021 Authorized by Owner By: Title: Date: Accepted by Contractor Approved by Funding Agency (if applicable) This document is a MODIFIED version of EJCDC° C-941, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page 1 of 1 This document is a MODIFIED version of EJCDC® C-941, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page 2 of 1 City Council Agenda: 07/12/2021 2L. Consideration of adopting Resolution 2021-48 authorizing the preparation of a Feasibility Report for the 2022 Street Improvements project and approval of a contract with Hakanson Anderson to provide engineering services at a not to exceed price of $60,400. Prepared by: Meeting Date: ❑ Regular Agenda Item PW Director/City Engineer 07/12/2021 ❑x Consent Agenda Item Reviewed by: Approved by: Project Engineer, Finance Director, City City Administrator Clerk ACTION REQUESTED Motion adopting Resolution 2021-48 authorizing the preparation of a feasibility report and approval of a contract with Hakanson Anderson to provide engineering services for the 2022 Street Improvements project. REFERENCE AND BACKGROUND Staff identified several roadways that need improvements by utilizing the pavement management system and visual inspections. The roadways primarily located in the Eastwood Knoll, Briar Oaks, Wildwood Ridge, and Rolling Woods subdivisions were originally constructed in the late 1990s or early 2000s. These roadways have received crack -sealing, patching, and chip sealing, and the proposed 2022 project would be the first major improvement for these roadways. The improvement is anticipated to include a bituminous overlay with patching and curb and gutter replacement as needed. Also, ADA ramps that do not meet current standards on the roadways will be replaced throughout the project area. Minnesota Statutes section 429.021 and 459.14, subd. 7 allow municipalities to recover costs for maintaining and improving public improvements through assessments to benefiting properties. These projects can be either initiated by property owner petitions or by the City Council ordering the improvement. For a City Council ordered improvement, the typical process is as follows: • Preparation of a Feasibility Study is authorized to evaluate where the proposed project is necessary, cost-effective, and how the project should be assessed, including the preparation of a preliminary assessment. • City Council can either accept or reject the feasibility report. If accepted, a public hearing is ordered on the improvements. City Council Agenda: 07/12/2021 • Hearing notices are posted, and property owner notices are mailed to affected property owners. • City Council approves or rejects ordering the improvement to be constructed and posts an advertisement for bids. • City Council awards or rejects the project. If awarded, the preparation of an assessment roll and ordering a public hearing is approved. • City Council conducts assessment hearing and, if approved, certified assessments are submitted to the County Auditor. A request for proposals was posted on the City and League of MN Cities websites, and seven proposals were received. The proposals and prices received ranged between $60,400, and $149,902 which are as follows: • HR Green $149,902 • Bolton and Menk, Inc. $76,635 • WSB $111,712 • Sambatek $115,066 • SEH $105,959 • Hankanson Anderson $60,400 • Moore Engineering $112,200 After reviewing the proposals, City staff recommends the contract be awarded to Hankanson Anderson for $60,400. Staff believes their project approach and experience paired with the project cost best aligned with the city needs to complete this project. I. Budget Impact: The project is to be funded from the Capital Projects Fund. $100,000 is included in the 2021 budget. II. Staff Workload Impact: Extensive staff time will be spent reviewing the project submittals. STAFF RECOMMENDED ACTION City staff recommends approval of the contract with Hankanson Anderson. SUPPORTING DATA A. Resolution 2021-48 B. Request for Proposal C. Project Map D. Assessment Policy E. Hankanson Anderson Submittal CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2021-48 AUTHORIZING FEASIBILITY REPORT FOR 2022 STREET IMPROVEMENT PROJECT WHEREAS, it is proposed to improve street and draining improvements, including a combination of bituminous overlay with patching and replacement of curb and gutter as needed, for sections of the following roadways: • Badger Street North • Bakken Street • Fox Street • Bear Avenue • Deer Street • Troy Marquette Drive • Troy Marquette Lane • Wildwood Way • Briar Oaks Boulevard • Hawthorne Place • Endicott Trail • Briar Court • Shady Oak Circle • Eastwood Circle • Eastwood Lane NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF MONTICELLO, MINNESOTA: That the proposed improvement be referred to Hakanson Anderson for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ADOPTED BYthe Monticello City Council this 121h day of July, 2021. CITY OF MONTICELLO Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk CITY MMo�jntiicdo REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES SECTION I: GENERAL INFORMATION Contract Administration All persons or firms who download this RFP are requested to register their name and email address by sending an email to matt.leonardgci.monticello.mn.us. Any revisions or corrections to this RFP, after it has been advertised, will be communicated to those registered RFP holders. Failure to register your contact information is at your own risk. A proposal will not be considered if it fails to include all requested information as detailed in this original RFP and any subsequent modifications. Acceptance of Proposal Contents The contents of this RFP will be included as part of the contractual obligations if a contract ensues. All information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 — Minnesota Government Data Practices Act. PROJECT OVERVIEW The City of Monticello intends to retain a professional consulting firm to provide professional engineering services needed to successfully implement the design and construction of the 2022 Street Improvements. Construction is expected to begin in May of 2022. Funding for the project is expected to be from a combination of special assessments and local funds. The improvements to be undertaken with this project are shown in the attached figure. Our Capital Improvement Plan estimate for total investment of this project (design, construction, testing, etc.) is about $13M. The project is anticipated to include bituminous overlay with patching and replacement of curb and gutter in areas where needed. Stormwater management improvements for all project areas will be limited to maintenance of existing facilities. SECTION 2: OVERALL SCOPE OF SERVICES The services required of the Consultant are anticipated to be provided beginning in August 2021 and ending when the warranty inspection for the constructed improvements has been completed. The following are general work tasks and deliverables that shall be included in the Consultant's scope for both projects: Request for Proposals 2022 Street Improvements Page 2 of 6 -------------------------- 1. Feasibility Report in accordance with MN Statutes Ch. 429 2. Special assessment requirements including a. Notices for improvement hearing — City to mail b. Preparation of proposed assessment rolls c. Notices for assessment hearing — City to mail 3. Topographic survey 4. Design, including Plans and Specifications in accordance with City standards 5. Contract bidding and award 6. Construction inspection, staking and management services 7. Preparation of proposed assessment rolls 8. Notices for assessment hearing — City to mail 9. Warranty inspection Initial soil borings and materials testing during construction, will be contracted by the City of Monticello. The fees for geotechnical work shall not be included in the engineering proposal. The City will require the selected engineer consultant to schedule and direct the geotechnical consultant as needed to fully implement the project. The City will provide all available record drawings and mapping information to the selected consultant. All permit and other regulatory review fees shall be paid by the engineering consultant and will be reimbursed by the City. These costs shall not be included in the consultants not to exceed fee for the project. SECTION 3: PROPOSALS The proposal shall contain the type of information summarized below and shall be limited to 3 pages. Additional information is allowable if it is directly relevant to the proposed project. Proposal Format The submittal should follow the Table of Contents listed below: 1. General Information 2. Project Understanding 3. Project Approach 4. Proposed Project Team and Experience 5. Schedule 6. Any Additional Information as Needed 7. Total Consultant Cost 8. Insurance Certificate A brief description of each section is included below. Request for Proposals 2022 Street Improvements Page 3 of 6 -------------------------- General Information General information and a brief history of the Consultant's firm. Include similar information on key subconsultants, if any, proposed for the project. 2. Project Understanding A summary of the Consultant's understanding of the work. 3. Project Approach Provide specific approaches, methods, and assumptions that will be utilized to accomplish the development of this project, including each work phase. Include details about the Consultant's approach to coordinating a public process. 4. Proposed Project Team and Experience ■ Identify the key project team members and describe their specific roles on the project. Include key team members from sub -consultant firms if any. ■ Describe relevant experience and provide information on at least three (3) reference projects completed in the last five (5) years. Provide personal references and contact information. Include one-page resumes only for key members of the project team, including field personnel. Include specific descriptions of proposed team members' roles on reference projects. Provide a contact name and information for each of the work items. 5. Schedule A proposed schedule from project initiation to final completion of construction. The schedule should include a listing of key tasks within each phase, key milestones and approximate dates, and deliverables. 6. Additional Information Include any other information that is believed to be pertinent, but not specifically requested elsewhere in this RFP. 7. Total Consultant Cost The consultant cost should be broke out as follows: a. Proposed costs for each scope of work for the project as listed in Section 2. b. Hourly rates for all consultant employees who are expected to work on this project. These rates shall be the agreed upon costs for any additional services requested by the City, above what is detailed in the scope of this RFP. c. Reimbursable costs including detail of service or item and applicable charge per unit. d. Not to Exceed cost for the project. Proposals that do not include a `Not to Exceed' cost will be disregarded with no further consideration. It is the responsibility of the proposing firm to accurately predict the Request for Proposals 2022 Street Improvements -------------------------- Page 4 of 6 amount of time that they will need to spend on all design and construction services for the project. The City requires the consultant to have a full-time inspection onsite during all work. The City will supplement the consultant's full-time construction inspection staff with our staff, to assist in public relation concerns. The city may elect to self - perform the project inspection and this phase would be removed from the project depending on staff availability. 8. Insurance Certificate Indicate ability to provide all necessary insurance certificates. SECTION 4: CONSULTANT SELECTION Proposals will be reviewed and evaluated by a team of City staff on the basis of the following criteria: 1. Consulting firm and key project staff experience with similar projects to this. In addition to understanding technical issues and having sound technical/ engineering expertise, the Consultant must also have an awareness and understanding of the social/political issues that can surround projects of this nature, and must possess the personal and leadership skills necessary to navigate the project through the public process. 2. Proven successful construction management of projects of this nature is required. This includes the effective coordination and management of private and public utilities, contractors, adjacent property owners, and other stakeholders. 3. Proven track record in successfully completing similar projects on time and within budget. Successful experience of both the firm itself and the individual team members will be considered. 4. Proposed approach to completing the project 5. Proposed consultant cost Following review of the Proposals the City may ask Consultants to make a presentation to City representatives, staff will select a Consultant to negotiate a contract as follows: 1. If, for any reason, a firm is not able to commence the services in that firm's Proposal within 30 days of the award, the City reserves the right to contract with another qualified firm. 2. The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a contract including, but not limited to, the Proposal preparation, attendance at interviews, or final contract negotiations. 3. The Proposal must be signed in ink by an official authorized to bind the Consultant to its provisions that will be included as part of an eventual contract. The Proposal must include a statement as to the period during which the Proposal remains valid. This period must be at least 90 days from the date of the submittal. 4. The City reserves the right to reject any and all Proposals submittals or to request additional information from any or all of the proposing firms. Request for Proposals 2022 Street Improvements Page 5 of 6 -------------------------- SECTION 5: CONTRACT TERMS AND CONDITIONS Upon selection of a Consultant, an Agreement or Contract for Services, attached to this RFP, shall be entered into by the City and the Consultant. It is expected that the contract will provide for compensation for actual work completed on a not to exceed basis, and the following conditions: 1. Deletions of specific itemized work tasks will be at the discretion of the City. Payment or reimbursement shall be made based on tasks that have been satisfactorily completed. Billing that exceed the not to exceed amount will not be compensated unless a contract extension has been approved in advance by the City. 2. The City shall retain ownership of all documents, plans, maps, reports and data prepared under this proposal. In addition to being provided hard copy and digital documents throughout the project, upon completion the consultant shall supply the City with a fully scanned (Laserfiche) project file. 3. If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely and proper manner, the City shall reserve the right to terminate the contract by written notice. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory completed work tasks, as determined by the City Engineer. 4. The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. 5. The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 of the Minnesota Statutes. The Consultant shall defend, indemnify and hold harmless the City of Monticello, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under the contract, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. The Consultant contract shall be governed by the laws of the State of Minnesota. Project summaries shall be submitted with each invoice during the course of the project. Each summary shall detail the amount billed to date, work items that need to be completed, the estimated costs to complete these tasks and the projected timeline for the completion of the project. Invoices submitted to the City shall include a detailed breakdown of times, personnel, mileage, etc. chargeable for that period. SECTION 6: CONCLUSION AND SUBMITTAL Any requests for additional information that may be needed for the preparation of the proposal should be directed via email to Matt Leonard at matt.leonard(kci monticello mn us. Request for Proposals 2022 Street Improvements -------------------------- All questions must be received before 4:30 pm, June 30, 2021. No responses will be provided for questions received after that time. Please provide an electronic (pd� copy of the Proposal for the evaluation process. Proposals can be e-mailed to matt.leonardnci.monticello.mn.us or mailed to: Matt Leonard City of Monticello 505 Walnut Street Monticello MN 55362 Proposals will be accepted until 11:30 a.m. on July 7, 2021 Attachments: 2022 Pavement Project location map City of Monticello Assessment Policy Page 6 of 6 01 r1 001 01 0041 1 T I n ' rl t TY MonticeRo SPECIAL ASSESSMENT AND TRUNK AREA POLICIES AND PROCEDURES FOR PUBLIC IMPROVEMENTS AND MAINTENANCE COSTS SECTION 1. General Policy Statement. SECTION 2. Improvements and Maintenance Costs Eligible for Special Assessment. SECTION 3. Initiation of Public Improvement Projects. SECTION 4. Public Improvement Procedures. SECTION 5. Financing of Public Improvements. SECTION 6. General Assessment Policies. SECTION 7. Methods of Assessment. SECTION 8. Standards for Public Improvement Projects. SECTION 9. Policies of Reassessment. SECTION 10. Assessment Computations. SECTION 11. Deferment of Assessments SECTION 12. Apportionment of Assessments upon Land later Subdivided SECTION 1. GENERAL POLICY STATEMENT The purpose of this policy is to establish a fair and equitable manner of assessing the increase in market value (special benefit) associated with public improvements. The procedures used by the City for levying special assessments are those specified by Minnesota Statutes, Chapter 429 which provides that all or a part of the cost of improvements may be assessed against benefiting properties. Three basic criteria must be satisfied before a particular parcel can be assessed. The criteria are as follows: The land must have received special benefit from the improvement. The amount of the assessment must not exceed the special benefit. The assessment must be uniform in relation to the same class of property within the assessment area. It is important to recognize that the actual cost of extending an improvement past a particular parcel is not the controlling factor in determining the amount to be assessed. However, in most cases the method for assigning the value of the benefit received by the improvement, and therefore the amount to be assessed, shall be the cost of providing the improvement. This shall be true provided the cost does not demonstrably exceed the increase in the market value of the property being assessed. The entire project shall be considered as a whole for the purpose of calculating and computing an assessment rate. In the event city staff has doubt as to whether or not the costs of the project may exceed the special benefits to the property, the City Council may obtain such appraisals as may be necessary to support the proposed assessment. The assessment policy is intended to serve as a guide for a systematic assessment process in the City. There may be exceptions to the policy or deviations from the policy for unique circumstances or situations which may require special consideration and discretion by the City Council. SECTION 2. IMPROVEMENTS AND MAINTENANCE COSTS ELIGIBLE FOR SPECIAL ASSESSMENT Subd. 1. The following public improvements and related acquisition, construction, extension, and maintenance of such improvements., authorized by Minnesota Statutes, Sections 429.021 and 459.14, subd. 7, are eligible for special assessment within the City: 1. Streets, pavement, including streetscape improvements. 2. Pathways- defined as sidewalks and trails. 3. Parking lots. 4. Water works systems and appurtenances, within and without the corporate limits. 5. Sanitary sewer and storm sewer systems including appurtenances, within and without the corporate limits. 6. Street boulevard trees. 7. Street lights, street lighting systems and special lighting systems. 8. Steam heating mains. 9. Parks, playgrounds, and recreational facilities, including the purchase of equipment, within or without the corporate limits. 10. Abatement of nuisances; including but not limited to, draining and filling swamps, marshes, and ponds on public and private property. 11. Dikes and other flood control works. 12. Retaining walls and area walls. 13. A pedestrian skyway system upon a petition pursuant to section 429.031, subdivision 14. Underground pedestrian concourses. 15. Public malls, plazas or courtyards. 16. District heating systems. 17. Fire protection systems in existing buildings upon a petition pursuant to section 429.031, subdivision 3. 18. Highway sound barriers. 19. Gas and electric distribution facilities. 20. Traffic Signals Subd. 2. The City is also authorized by ordinance adopted pursuant to Minnesota Statutes Section 429.021 through 429.101 to recover, through special assessment, the following maintenance costs: 1. Snow, ice, or rubbish removal from sidewalks. 2 2. Weed elimination from streets or private property. 3. Removal or elimination of public health or safety hazards from private property excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26. 4. Installation or repair of sewer service lines, water service lines, street sprinkling, sweeping, or other dust treatment of streets. 5. The trimming and care of trees and the removal of unsound trees from any street. 6. The treatment and removal of insect infested or diseased trees on private property. 7. The repair of sidewalks and alleys. 8. The operation of a street lighting system. 9. The operation and maintenance of a fire protection or a pedestrian skyway system. 10. Inspections relating to a municipal housing maintenance code violation. 11. The recovery of any disbursements under section 50413.445, subdivision 4, clause (5), including disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations as described in section 50413.445, subdivision 4, clause (2). 12. The recovery of delinquent vacant building registration fees under a municipal program designed to identify and register vacant buildings. SECTION 3. INITIATION OF PUBLIC IMPROVEMENT PROJECTS Public improvement projects can be initiated in the following ways. Public improvement projects may be initiated by petition of owners of at least 35% in frontage of the property abutting the proposed improvement. Public improvements also may be initiated by the City Council when, in its judgment, such action is required. A resolution ordering any improvements initiated by the Council or by owners of less than 35% of abutting property owners requires a four-fifths majority vote of all members of the Council. A resolution ordering any improvements initiated by owners of not less than 35% of abutting property owners requires a majority vote of all members of the Council. A resolution ordering any improvements initiated by all owners of abutting property, and assessing the entire cost against their property, may be adopted without a public hearing. SECTION 4. PUBLIC IMPROVEMENT PROCEDURE The following is the general procedure followed by the City Council for all public improvement projects from initiation of such a project through certification of the assessment roll to the County Auditor. Formats for the various reports and resolutions referenced in this section are made a part of the policies and procedures of the City. 1. Staff reviews petition or Developer's request for submission to Council. 2. Council accepts or rejects petition or request. If based upon a petition, the Council adopts a resolution declaring whether the required percentage of property owners has signed. If the petition or request is accepted, Council orders preparation of feasibility report. 3. Staff prepares feasibility report. The report shall evaluate whether the proposed improvement is necessary, cost-effective, and feasible and whether it should be made as proposed or in conjunction with another project. The report shall include an estimate of the 3 cost of the improvement as proposed. A reasonable estimate of the total amount to be assessed and a preliminary assessment roll shall be included in the report or provided at the improvement hearing. If the preliminary assessment roll reflects any proposed deviation or change from the assessment policy as to how the preliminary assessments are calculated or apportioned, the report or information provided at the improvement hearing shall describe the basis for that deviation or change. The report may also propose changes to the subsequent process or timeline specified herein, including proposing the adoption of the assessment roll prior to award of contract, as allowed by law. The Council may refer the report to the Planning Commission. 4. Council accepts or rejects feasibility report. If accepted, Council orders public hearing on the improvements. 5. Staff posts and publishes hearing notice and mails notices to affected property owners as provided in Minn. Stat. § 429.031(a). 6. Council conducts public hearing. 7. Within six (6) months of the hearing date, Council adopts or rejects resolution ordering improvement to be constructed and advertisement of bids. If adopted, staff prepares final plans, advertises for and opens bids as provided in Minn. Stat. § 429.041, prepares bid tabulation, makes recommendation to City Council for award. Bonds to finance project costs may be issued at any time after the improvements are ordered. 8. Council awards contract based on the bids received. 9. Council authorizes preparation of assessment roll, reviews proposed assessment roll and orders assessment hearing. 10. Staff publishes hearing notice, mails notice of hearing date and proposed assessments to the affected property owners as provided in Minn. Stat. § 429.061. 11. Council conducts assessment hearing and adopts, revises, or rejects resolution determining the amount of the total expense the City will pay, if any, and establishing the assessment roll. If adopted, Council authorizes certification of the assessment to the County Auditor. 12. Staff certifies the assessment roll to the County Auditor. 13. Staff supervises construction and prepares payments. SECTION 5. FINANCING OF PUBLIC IMPROVEMENTS The City encourages public improvement projects as the area (s) benefiting and needing such improvements develop. Examples of this policy can be seen through the subdivision regulations, zoning ordinance, and building codes. Developers are required to provide the needed improvements and services before development occurs, thereby avoiding unexpected hardships on the property owners purchasing such property and the general public. However, it is recognized that certain areas of the City have developed without all needed public improvements (e.g. parks, water, sewer, and street improvements) and that methods must be found to provide these improvements without causing undue hardships on the general public or the individual property owner. Special assessments are generally accepted as a means by which areas can obtain improvements or services; however, the method of financing these is a critical factor to both the City and the property owner. Full project costs spread over a very short term can cause an undue hardship on the property owner and, likewise, city costs and systems costs spread over a long period of time can produce an undue hardship on the general public of the City. 2 SECTION 6. GENERAL ASSESSMENT POLICIES APPLICABLE TO ALL TYPES OF IMPROVEMENTS The cost of any improvement shall be assessed upon property by the improvements based upon benefits received. The following general principles shall be used as a basis of the City's assessment policy: 1. Project Cost. The "project cost" of an improvement includes the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing and other contingent costs, including acquisition of right-of-way and other property. The finance charges include all costs of financing the project. These costs include but are not limited to financial consultant's fees, bond rating agency fee, bond attorney's fees, and capitalized interest. The interest charged to the project shall be included as financing charges. 2. City Cost. The "city cost" of an improvement is the amount of the total improvement expense the City will pay as determined by Council resolution. Where the project cost of an improvement is not entirely attributed to the need for service to the area served by said improvement, or where unusual conditions beyond the control of the owners of the property in the area served by the improvement would result in an inequitable distribution of special assessments, based on a benefit appraisal or for any other reason determined by the City, the City, through the use of other funds, may pay such "city cost." 3. Assessable Cost. The "assessable cost" of an improvement is equal to the "project cost" minus the "city cost." 4. Interest. The City will charge interest on special assessments at a rate specified in the resolution approving the assessment roll. If bonds were sold to finance the improvement project, the interest rate shall be two percent (2%) greater than the average coupon interest rate of the bonds, rounded to the nearest tenth (0.10) of a percent (ex. average coupon rate of 3.15% = assessment rate of 5.20%). If no bonds were sold, the interest rate shall be set at: 1) the prime rate, as published in the Wall Street Journal, plus 2% for a 10 -year term or plus 1.5% for a 5 -year term; or 2) the maximum rate allowed by State law. 5. Prepayment. Property owners may pay their assessments in full interest free for a period of 30 days after the assessment hearing. After such period interest shall be computed from the date specified in the assessment resolution. The City will transmit a certified duplicate of the assessment roll with each installment, including interest, to the County Auditor, or in lieu of such certification, annually certify to the County Auditor by November 30 in each year, the total amount of installments of and interest on assessments on each parcel which are to become due in the following year. Partial payments are not allowed. After the City has made the first certification of principal and interest to the County Auditor, prepayment will be accepted only for the total amount still owing including interest and must be made prior to November 15 of any year. If a parcel has two or more separate special assessments, prepayment of the remaining principal balance may be made on one or more assessment totals. Tax-exempt parcels such as churches and school properties may make only one partial prepayment to the first certification to the County Auditor. The remaining principal after the partial prepayment will be paid in equal installments over the remaining term of the special assessments. 5 6. Extensions. Where an improvement is designed for service of an area beyond that receiving the initial benefit, the City may pay for increased project costs due to such provisions for future service extensions. The City will levy assessments to cover this cost when a new improvement is installed as an extension of the existing improvement upon identification of such additional amount in the notice of hearing for the extensions or new improvements. As an alternative, the City may assess these costs to the area of future benefit immediately 7. Project Assistance. If the City receives financial assistance from the Federal Government, the State of Minnesota, the County, or from any other source to defray a portion of the costs of a given improvement, such aid will be used first to reduce the "city cost" of the improvement. If the financial assistance received is greater than the "city cost," the remainder of the aid will be placed in the Capital Improvement Fund to be applied towards other City projects. The amount or apportionment of the assessments to be levied will be consistent regardless if the projects receive the above-mentioned financial assistance or not. 8. Assessable Property. Property owned by the City and other political subdivisions including municipal building sites, parks and playgrounds, but not including public streets, alleys, and right-of-way, shall be regarded as being assessable on the same basis as if such property was privately owned. Private right-of-way shall be assessable. 9. Individual Benefits. The City must construct improvements specifically designed for or shown to be of benefit solely to one or more properties. The costs for these improvements will be assessed directly to such properties, and not included in the assessments for the remainder of the project. An example of this would be utility service lines running from the main lines to the property. 10. Benefit Appraisals. In the event that city staff has doubt as to whether or not the proposed assessments exceed the special benefits to the property in question, the City Council may order benefit appraisals as deemed necessary to support the proposed assessments. 11. Residential property: Shall be defined as a platted, buildable, residential parcel occupied or unoccupied, in accordance with the City of Monticello zoning and subdivision ordinances. For the purposes of this policy, a residential property is defined as those that consist of three or less dwelling units per building. 12. Non-residential property: Shall be defined as a platted, buildable, non-residential parcels occupied or unoccupied, in accordance with City of Monticello zoning and subdivision ordinances. For purposes of this policy, a non-residential property includes commercially and, industrially zoned properties, apartment buildings (consisting of more than 3 dwelling units) and tax-exempt properties. SECTION 7. METHODS OF ASSESSMENT Subd. 1. General Statement. There are different methods of assessment: per lot, adjusted front foot, and area. The feasibility report will recommend one or a combination of these methods for each project, based upon which method would best reflect the benefit received for the area to be assessed. The City Council will select the preferred method of calculating the assessments at the time the project is ordered, which is typically the same date of the public hearing. Subd. 2. Policy Statement. The following methods of assessment, as described and defined below, are hereby established as methods of assessment in the City. 2 1. "Front Footage" Method of Assessment -Non-residential Properties. The front footage assessment method applies to non-residential properties and is measured at the property line. Individual parcel can differ considerably in shape and area. In these cases, the actual physical dimensions of a parcel abutting an improvement (i.e., street, sewer, water, etc.) may not be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. The following procedures will apply when calculating adjusted front footage. The selection of the appropriate procedure will be determined by the specified configuration of the parcel. All measurements will be scaled from available Wright County GIS parcel data and will be rounded down to the nearest foot dimension with any excess fraction deleted. For the purpose of determining the "assessable frontage," all properties, including governmental agencies, shall have their frontages included in such calculation. a. Rectangular Interior Lots. For rectangular interior lots, the footage equals the dimension of the side of the lots abutting the improvement. b. Cul-de-sac Lots. For cul-de-sac lots, the larger of the following shall apply: i. Footage equals the lot width at the building setback line; or, ii. Footage equals the average of the front and rear lot lines. c. Corner or Through Lot Adjustment. When improvements are made to a corner or through lot, including parcels abutting three streets, adjusted frontage will be determined by one of the following methods: i. 100% of the footage, if the side of the lot abutting the improvement is the short or front side of the lot. ii. 50% of the footage if the side of the lot abutting the improvement is the long side of the lot and where there is an access. iii. Where there is not an access, 25% of the side lineal footage. iv. If a direct access is added at a later date, the additional 25% footage will apply. v. 0% of rear yard the footage, unless there is an access from a street being improved with the project, in which case a 50% of rear yard the footage shall apply. 2. "Per Unit" Method of Assessment- Residential Properties The "per unit" method of assessment applies to residential properties and shall be based on equal assessment of all dwelling units within the benefited area that have direct access to the improvement. A single family residential home is considered 1 unit. Where one property consists of 2 or 3 dwelling units, each of those units shall be assessed individually at the assessment rate per unit. Residential corner parcels are assessed per unit for the street it fronts on and has access to and not the side street(s). Residential parcels with more than one driveway access are assessed per dwelling unit regardless of the number of driveways. Lots that can be subdivided according to the City's prevailing Zoning and Subdivision ordinances will be assessed on a unit basis. 7 For the purpose of determining the "units" or "parcels" all parcels, including governmental agencies, shall be included in such calculations. 3. "Area" Method of Assessment The "area" method of assessment shall be based on the number of square feet or acres within the boundaries of the appropriate property lines of the areas benefiting from the project. The assessment rate (i.e., cost per square foot) shall be calculated by dividing the total assessable cost by the total assessable area. On large lots, the City Engineer may determine that only a portion of the lots receives the benefit and may select a lot depth for the calculations equal to the benefit received. All properties included in the benefited area, including other governmental areas, churches, etc., shall be assessable. The following items may not be included in area calculations: public right-of-ways, and natural waterways, swamps and lakes and other wetlands designated by the Minnesota Department of Natural Resources or the City. The City Engineer will make a recommendation on the boundaries or parameters of the benefited area in the feasibility report. Examples of the area method includes area wide assessments for pathway improvements, trunk fee distribution of assessment for developments, contributing drainage area for storm sewer assessments, etc. SECTION 8. STANDARDS FOR PUBLIC IMPROVEMENT PROJECTS The following standards are hereby established by the City to provide a uniform guide for improvements within the City. A. Surface Improvements Surface improvements shall normally include all improvements visible on or above the ground within the right-of-way, and includes, but is not limited to trees, lighting, sidewalks, trails, signing; street and accessory improvements such as drainage ponds and facilities, parking lots, parks and playgrounds. Policy Statement. Prior to construction or completion of surface improvements, all utilities and utility service lines (including sanitary sewers, storm sewers, water lines,) shall be installed to all planned service locations such as residences or buildings. All installations shall also comply, to the maximum extent feasible, with nationally recognized standards such as those of the American Insurance Association. When practicable, no surface improvements to less than both sides of a full block of street shall be approved except as necessary to complete partially completed improvements initiated previously. Concrete curbing or curb and gutter shall be installed at the same time as street surfacing. B. Sub -Surface Improvements Subsurface improvements shall normally include such items as water distribution, sanitary sewer and storm sewer lines. Main lines are the publicly owned and maintained lines or facilities such as trunk lines, interceptors, mains, and laterals. Service lines are those privately owned lines or facilities extending from the main line to the property line. Policy Statement. Sub -surface improvements shall be made to serve current and projected land use. All installations shall conform to applicable standards established by local, state and/or federal agencies of competent jurisdiction. All installations shall also comply, to the maximum extent feasible, with nationally recognized standards such as those of the American Insurance Association. Service lines from the lateral or trunk to the property line of all planned service locations such as residences or buildings shall be installed in conjunction with the construction of the mains. SECTION 9. POLICIES OF REASSESSMENT The City shall design public improvements to last for a definite period. The life expectancy or service life shall be as stated in the policy statement of this section, or if different, shall be as stated in the resolution ordering improvement and preparation of plans. A. Policy Statement The following are the "life expectancies" or "service lives" of public improvements except as may be otherwise stated in the resolution ordering improvement and preparation of plans. 1. Sidewalks - 20 years. 2. Street improvements, including surfacing and curb and gutter - 20 years. 3. Ornamental street lighting - 20 years. 4. Water Mains - 20 years. 5. Sanitary Sewers - 30 years. 6. Storm Sewers - 30 years. SECTION 10. ASSESSMENT COMPUTATIONS The following is the typical city assessment for various specified improvements. A. Street and Curb and Gutter Improvements 1. New Constructions. New streets in new developments are either constructed by the developer or assessed 100% to the abutting benefited lots within the development plat. Street and curb and gutter improvements will normally be assessed by the unit assessment and/or adjusted front foot method, however other methods may be utilized if conditions warrant. Oversizing costs are determined by a method authorized by the City Council. 2. Reconstruction: Street reconstruction is defined as all necessary removals and replacements, grading, base, subsurface drainage, hard surfacing (such as bituminous or concrete), replacement of existing curb and gutter, driveways, restoration, signage, striping, and other miscellaneous work necessary to reconstruct existing deteriorated streets. 9 b. Local Roadway Reconstruction: i. Residential Assessment Rate: Based on a per dwelling unit assessment rate. New curb and gutter is 100% assessed based on an equivalent front footage to unit method. ii. Non- Residential Assessment Rate: Street reconstruction and new curb and gutter are 100% assessed based on the front footage assessment method. c. Collector Roadway Reconstruction: i. Residential Assessment Rate: Based on a per dwelling unit assessment rate. ii. Non- Residential Assessment Rate: Street reconstruction is 50% assessed and new curb and gutter is 100% assessed based on the front footage assessment method. d. Rural to Urban Conversion for Existing Local and Collector Roadways: All costs relative to converting an existing rural street section to an urban street section by filling roadside drainage ditches and adding curb and gutter and storm sewer will be 100% be assessed based on the front footage assessment method and applies to proposed development properties abutting the roadway(s). 3. Overlays and Mill and Overlay. An overlay is defined as the construction of a new layer of pavement (typically bituminous) applied over an existing deteriorated street or roadway surface. On streets with curb and gutter, edge milling is complete adjacent to the curb and gutter to maintain the current surface elevations and then a pavement overlay is placed. Isolated pavement patching and replacement of deteriorated curb and gutter may also be included with a street overlay project. A mill and overlay project includes either an edge mill or full width mill of the existing pavement layer. a. Local Roadway Mill and Overlay: i. Residential Assessment Rate: 50% assessed based on a per dwelling unit assessment rate. ii. Non- Residential Assessment Rate: 100% assessed based on the front footage assessment method. b. Collector Roadway Mill and Overlay: i. Residential Assessment Rate: Based on a per dwelling unit assessment rate. ii. Non- Residential Assessment Rate: 50% assessed based on the front footage assessment method. 4. Gravel Streets. Upgrading of existing gravel street by adding pavement, curb and gutter is considered new construction and all costs are assessed 100%. 5. Seal Coats. Sealcoats are not being assessed. B. Sidewalks and Trails 1. New Sidewalk and Roadside Trail Construction. a. Sidewalk and roadside trails will be assessed at the same rate where the roadside trail functions the same as a sidewalk. The term "pathway" includes both sidewalks and trails. 10 b. New sidewalks and roadside trails within new developments are either constructed by the developer or assessed 100% to the abutting benefited lots within the development plat. c. New sidewalk and roadside trails along existing undeveloped properties are assessed 100% for non-residential properties and assessed 25% for residential properties abutting the sidewalk and roadside trail based on the front footage method. Deferral of the assessment until development will be considered upon request. d. New sidewalks and roadside trails along an existing streets, either as a stand-alone project or as part of a street reconstruction project, shall be assessed 25%on a per unit basis for residential properties and assessed 50% on a front foot basis for non- residential commercially zoned properties and assessed 25% for non-residential industrial zoned properties that abut the sidewalk and roadside trail. e. If sidewalk or trail is constructed in a residential area where there are no sidewalk or trail facilities directly serving the area, the sidewalk and trail costs will be assessed on an area wide basis to the benefitting properties. f. The Council may elect to not levy assessments to properties where new sidewalks and trails are constructed in order fill in a gap of the overall sidewalk and trail system, where there are already sidewalk and trail facilities in proximity to the project area or where trails are to be extended along ponds, to parks or other areas where properties do not abut the sidewalk and trail. g. If the sidewalk is not constructed in conjunction with street reconstruction and as a stand-alone project, the cost of any required restoration of the street, curb and gutter, sodded areas and other restoration items will be included in the assessable cost. 2. Replacement Sidewalks. a. Replacement sidewalks is defined as the rehabilitation of an existing sidewalk which, for any reason, does not meet construction requirements outlined above and has become unsafe or a nuisance to the public as defined by local ordinance. b. Replaced sidewalks shall meet the standards determined by the City Administrator or his/her designee. c. The City will replace up to two sidewalk panels per property at the City's cost. If the City Administrator or his/her designee determines that additional panels are to be replaced, the subject property will be assessed 25% of the additional cost. C. Storm Sewer Improvements Storm sewers are assessed on a project -by -project basis. Storm sewers in new developments are considered an assessable improvement on an area basis. Oversizing costs due to larger mains and larger appurtenances are paid for by a combination of availability charges, user charges and/or trunk area assessment charges. Trunk area storm sewer charges are levied to all unplatted property at the time of platting, to re -plats that have not been charged trunk area charges when the land was originally platted, and to re -plats that have been charged trunk area charges when the land was originally platted but where the use is increasing (only the cost difference based on current and prior use is charged). The charges will be set in the annual fee schedule during the first City Council meeting in January of each year. 11 Normally, storm sewers are assessed on an area wide basis (square foot or acres), but in certain situations the per lot method or adjusted front method may be utilized at the City Council's discretion. The replacement of existing storm sewers is not assessed. D. Sanitary Sewer Assessments Assessments for sanitary sewer in residential areas are based upon the cost of construction of 8 -inch mains, which is the smallest size installed in residential areas of the City. Assessments for sanitary sewers in commercial and industrial areas are based upon a standard size of 12 -inch mains. Oversizing costs due to larger mains and larger appurtenances will be paid for by a combination of availability charges, user charges and/or trunk area assessment charges. Trunk area sanitary sewer charges shall be levied to all un -platted property at the time of platting and to re -plats that have not been charged trunk area charges when the land was originally platted. The charges will be set in the annual fee schedule during the first City Council meeting in January of each year. Services installed to individual properties are fully assessed to the benefiting property for new developments. Normally, sanitary sewers are assessed on an area wide basis (square foot or acres), but in certain situations the per lot method or adjusted front method may be utilized at the City Council's discretion. Lateral benefit from major trunk sewers or interceptors is assessed to the properties benefited by the sewer. Any oversizing cost is assessed as described above. The replacement of existing sewers is not assessed. Individual service lines installed directly to specified properties are fully assessed directly to the benefited properties. Properties that have existing sanitary services, but do not have mainline sewers adjacent, across or up to their property lines pay 50% of the assessment rate for the new mainline sanitary sewer as well as 100% of the cost associated with replacing the service lines. Any existing service lines found to be defective as part of a street reconstruction are replaced as part of the project and not assessed. In the event street replacement is necessary as a result of underground utility construction, the City may determine to assess all or a portion of the street replacement cost based on the current condition of the street and improvement needed. E. Watermain Assessments Assessments for watermains in residential areas are based upon the cost of construction of 8 -inch mains, which is the smallest size installed in residential areas of the City. Assessments for watermains in commercial and industrial areas are based upon the standard size of 12 -inch mains. 12 Oversizing costs due to larger mains and larger appurtenance are paid for by a combination of availability charges, user charges and/or trunk area assessment charges. Trunk area water charges shall be levied to all un -platted property at the time of platting and to re -plats that have not been charged trunk area charges when the land was originally platted. The charges will be set in the annual fee schedule during the first City Council meeting in January of each year. Services installed to individual properties shall be fully assessed to the benefiting property for new developments. Normally, watermains are assessed on an area wide basis, but in certain situations the area or adjusted front method may be utilized at the City Council's discretion. The replacement of existing watermains is not assessed. Lateral benefit from major trunk water mains is assessed to properties benefited by the water main. Lateral water main assessments are be based on the costs for an 8 -inch water main for residential properties and for a 12 -inch water main for commercial/industrial properties. Individual service lines installed directly to specified properties are fully assessed directly to the benefited properties. Properties that have existing water services, but do not have mainline watermains adjacent, across or up to their property lines pay 50% of the assessment rate for the new watermain as well as 100% of the cost associated with replacing the service lines. Any existing service lines found to be defective as part of the project are assessed directly to the property. In the event street replacement is necessary as a result of underground utility construction, the City may determine to assess all or a portion of the street replacement cost based on the current condition of the street and improvement needed. F. Street Boulevard Trees All street boulevard trees installed as part of new street constructions or in reconstructing existing streets shall be included as part of the overall project costs included in the assessment calculations. G. Street Lights In new developments, the City may require the developer to finance street light improvement rather than assessing the cost. K Traffic Signals Assessments to traffic signals will be based on the area method calculated by trip generation or other methods based on the City Council determination. L Public parking lots Assessments for reconstruction or other improvements to public parking lots will be based on the area method or other methods based on the City Council determination. 13 J. Other Improvements Based on the City Council determination, any other improvements may be fully assessed or assessed in part. SECTION 11. DEFERMENT OF SPECIAL ASSESSMENTS It is the policy of the City to not defer assessments for senior citizens 65 years of age or older or persons retired by virtue of a permanent and total disability. The City Council may elect to defer assessments on undeveloped land for a specified length of time or until the lands are developed. Terms and conditions of any such deferral will be established in the resolution adopting the assessments. SECTION 12. APPORTIONMENT OF ASSESSMENTS UPON LAND LATER SUBDIVIDED If a special assessment is levied against a tract of land which is later subdivided, the installments remaining unpaid can be apportioned among the various lots and parcels in the tract upon a finding that such apportionment will not materially impair collection of the balance due. This may be done upon application of the property owner or by the Council acting upon its own motion, but notice of such apportionment and of the right to appeal must be mailed to or personally served upon all owners of any part of the tract. If the action is requested by the property owner(s), all costs associated with public notice shall be paid by the property owner(s) making the request. The Council may, and if the assessment has been pledged towards payment of improvement warrants the Council must, require the owner(s) to furnish a cash surety or letter of credit toward total payment of all assessments. 14 44 Main Office: Hakanson 3601 Thurston Avenue, Anoka, MN 55303 45 Phone: 763/427-5860 Anderson www.haa-inc.com July 7, 2021 Matt Leonard City of Monticello 505 Walnut Street Monticello, MN 55362 RE: Proposal for Professional Engineering Services City of Monticello 2022 Street Improvements Project Dear Mr. Leonard: Hakanson Anderson is pleased to submit our proposal for Professional Engineering Services for the 2022 Street Improvements Project to provide consulting engineering services to the City of Monticello. We are eager to show the City of Monticello our knowledge and understanding of the importance of every detail of a project, from design to construction, to efficiently and successfully complete a project on time and on budget. GENERAL INFORMATION Hakanson Anderson is a client -centered practice that provides professional consulting services in the areas of municipal engineering, environmental engineering, water resources, land development, transportation engineering, and land surveying. We have provided these services to clients in the metropolitan area and outstate communities for over 45 years. PROJECT UNDERSTANDING This project will include the design and construction of the City of Monticello 2022 Street Improvements Project for the streets identified in the Request for Proposals. The improvements are anticipated to include bituminous overlay with patching, select replacement of curb and gutter, and maintenance of existing stormwater facilities where needed. Project funding will be from a combination of special assessments and local funds. We would be responsible for the feasibility report, all special assessment documents including notices, advertisements, and the assessment roll, topographic survey, plans and specifications, contract bidding and award, construction inspection, staking, administration services, and warranty inspection. Coordination of this project with the public will be of the utmost importance. Not only during the planning and assessment process, but also throughout the construction phase. Craig Jochum, the proposed Project Manager, has over 30 years of experience with coordinating public improvement projects with affected residents and the community. PROJECT APPROACH Please see Appendix A for our detailed Project Approach. 2022 Street Improvements City of Monticello Page 2 of 3 PROPOSED PROJECT TEAM AND EXPERIENCE The team for this project was carefully selected based on their qualifications, experience, and availability. Due to the importance we have placed in serving you, your team will include some of our key employees with a wealth of relevant experience. We have assembled a team of qualified staff to complete the work efficiently, cost effectively, and professionally. Full page resumes for key personnel are included in Appendix B. Craig Jochum, P.E., is proposed to be the Project Manager. Craig is the President of Hakanson Anderson with over 30 years of experience. He has extensive experience in managing municipal engineering projects, determining critical paths for schedules, and excels in effective communication to ensure that projects are run smoothly and that all deliverables are prepared to the highest quality. He also has considerable experience with navigating the public process and with the MN Statutes Chapter 429 assessment process for a wide variety of projects. Craig will be the day-to-day contact and will be involved in all aspects of the project. He will lead the team and track progress on a daily basis to ensure that the project remains on schedule. Craig will attend all meetings with the City, coordinate activities, closely manage all work, and ensure that all responsibilities and services of the contract and deliverables are completed on time and within budget. Shane Nelson, P.E., is proposed to be the Quality Assurance/Quality Control Reviewer. Shane is a Vice President of the firm and brings over 23 years of experience in street and utility construction to the team. Shane has designed and managed municipal engineering projects in the cities of St. Michael, Elk River, Coon Rapids, Nowthen, St. Francis, Otsego, and Credit River. Shane will peer review the feasibility report, construction plans, specifications, and assessment roll in accordance with our established Quality Manual. Shane's attention to detail will ensure a quality end product. Shane is the City Engineer in Nowthen and Credit River where he regularly manages the MN Statutes Chapter 429 assessment process. Timothy Eggerichs, P.E., is proposed to be the Lead Design Engineer. Tim is in his 23" year with Hakanson Anderson and his focus has been on development of plans and specifications for street projects and comprehensive water resource engineering. Tim has successfully designed, managed, and completed numerous municipal engineering projects for the cities of Coon Rapids, East Bethel, Anoka, St. Michael, Ramsey, Otsego, and St. Francis. Luke Buchholz, Construction Observer. We plan to provide Luke as the Construction Observer with 7 years of construction observation experience at Hakanson Anderson. As a construction observer, he is experienced in sanitary sewer and watermain construction, street construction and reconstruction, and street maintenance projects. He has obtained MnDOT certifications including Level 1 Aggregate Production, Level 1 and 2 Bituminous Street, Concrete Field, Erosion and Stormwater Management, and ADA. Brian Person, P.L.S. is proposed to be the Survey Manager. Brian has over 20 years of experience in land surveying and is a Vice President with our firm. Brian has worked on a variety of projects throughout the State of Minnesota and Wisconsin. His projects range from individual lot surveys to large complex right-of-way acquisition projects for roadway and utility construction. He will assist with the preparation of the assessment maps and will manage the topographic survey and construction staking. The team we have assembled for this project has worked on numerous projects together. Three reference projects are presented below. Hakanson Anderson was responsible for all aspects of these projects including the feasibility report, preparation of the assessment roll, improvement and assessment hearing notices and advertisements, plans and specifications, bidding and award, and construction administration, staking and inspection. The general nature of the work, the proposed team members role, and the project references for each project are summarized below: Hakanson ■■ Anderson 2022 Street Improvements City of Monticello Page 3 of 3 1. City of Anoka 2015, 2018, 2019, & 2020 Street Improvement Projects. These four projects included bituminous reclamation and reconstruction, catch basin repair, select curb removal and replacement, water valve replacement, signage, and striping. Team Member Roles: Craig Jochum — Project Manager, Shane Nelson (2019, 2020) — QA/QC, Tim Eggerichs — Lead Design Engineer, Luke Buchholz — Construction Observer (2018), Brian Person — Survey Manager. Reference: City of Anoka, Ben Nelson, (763) 576-2785, BNelson@ci.anoka.mn.us 2. City of St. Francis 2018, 2019, 2020, & 2021 Street Reconditioning Projects. These four projects included bituminous overlays and patching, catch basin repair, select curb removal and replacement, water valve replacement, signage, and striping. Team Member Roles: Craig Jochum — Project Manager, Shane Nelson — QA/QC, Tim Eggerichs — Lead Design Engineer, Luke Buchholz (2020, 2021) — Construction Observer, Brian Person — Survey Manager. Reference: City of St. Francis, Jason Windingstad, (651) 253-8067, JWindingstad@stfrancismn.org 3. City of East Bethel 2016 and 2019 Street Surface Improvement Project. These two projects included bituminous overlays and patching, catch basin repair, select curb removal and replacement, signage, and striping. Team Member Roles: Craig Jochum — Project Manager, Shane Nelson (2019) — QA/QC, Tim Eggerichs — Lead Design Engineer, Luke Buchholz — Construction Observer, Brian Person — Survey Manager. Reference: City of East Bethel, Nate Ayshford, (763) 354-8861, Nate.Ayshford@ci.east-bethel.mn.us Additional project examples and city references are available upon request. SCHEDULE Please see Appendix C for a detailed outline of our proposed Project Schedule. CONSULTANT COST Hakanson Anderson proposes to complete this project at our Standard Municipal Hourly Rates with a Not -to - Exceed Cost of $60,400. Please see Appendix D for a more detailed outline of our proposed Consultant Cost. Once again, we appreciate the opportunity to provide you with our Proposal for Engineering Services. This proposal shall remain valid for 180 days. If you have any questions, please feel free to contact me at (763) 852- 0485 (direct) or CraigJ@HAA-inc.com. Sincerely, I-Jakanson A derson Crail J. Voc4um, P.E. President Hakanson ■■ Anderson Hakanson APPENDIX A Anderson PROJECT APPROACH Project Approach The true measure of an effective approach to managing tasks is the ability to deliver the expected results on time and within budget. We at Hakanson Anderson are accountable for our work and obligations. Our project approach and work plan for this project is based on our thorough understanding of the project and is focused around providing a strong, experienced team. It is our goal to exceed the City of Monticello's expectations in all aspects of the project. Major elements required to successfully complete the project within the time frames allowed include the following: • Coordinating a Public Process Project Management Plan Development of Detailed Plans Highly Skilled and Organized Team A brief description of these major elements are as follows: COORDINATING A PUBLIC PROCESS Coordinating a public process requires excellent communication skills, a thorough understanding of the project, and a thorough understanding of the clients' goals and policies. Further, the ability to adapt and respond to situations when or if misinformation is presented is crucial. There is no single factor that is more damaging to a project than misinformation, and if it is presented, it must be dealt with immediately in a professional manner. In order to be successful and gain the trust of the project stakeholders, the facilitator must present accurate information and have the skills to communicate the benefits of the proposed improvements. Further, it is crucial that the design team listen to public comment, evaluate it for merit, and openly discuss the decision making process. Our experience has shown us that stakeholders all lend different points of view to various aspects of the project and those points of view must be considered. When project stakeholders are treated with respect, they typically return the favor. It is our company policy to create a Project Management Plan at the beginning of every project to ensure that all project goals and objectives are met. The Project Management Plan will further identify each team member's specific role in the proposed project and the deadline for each specific task so all major steps in the critical path are completed within the time frame that is necessary to deliver the project within the time that is allotted. PROJECT APPROACH Hakanson APPENDIX A Anderson PROJECT APPROACH DEVELOPMENT OF DETAILED PLANS Our 45 years of experience focusing on municipal engineering gives us the project understanding needed to prepare the detailed plans and specifications necessary for a successful project. Our proposal includes a topographic survey of the existing streets, utilities, and other features scheduled for replacement. Our detailed plans will specifically show all removals, milling, maintenance work, and any other proposed work and will eliminate any confusion by the Contractor, allowing them to submit a confident and competitive bid. HIGHLY SKILLED AND ORGANIZED TEAM The City of Monticello needs a consultant that is highly organized, has an established and streamlined Quality Program, is skilled in the area of design, and has sufficient in-house staff to complete the required work within the time frame so the goal of fully executed plans and specifications can be realized for construction in 2022. The engineers dedicated to this project have successfully completed many similar projects. Work Plan We fully understand that our required responsibilities and deliverables will be similar to those as outlined in the Request for Proposals. This Work Plan summarizes the major tasks that will be performed with each phase of the project. The major tasks are defined as those tasks that could affect the critical path of this project. The following pages summarize the anticipated tasks and deliverables for each phase. PHASE 1 - FEASIBILITY REPORT & IMPROVEMENT HEARING Task 1 - Feasibility Report We will prepare a Feasibility Report in accordance with Minnesota Statutes Chapter 429 Local Improvements and Special Assessments. The Feasibility Reportwill include a preliminary assessment roll alongwith a detailed schedule of all milestone dates for deliverables, improvement and assessment notices and hearings, and the bid opening. Task 2 - Improvement Hearing After City Council approves the Feasibilty Report, we will prepare the improvement hearing notices for each property along with the proposed assessment and the improvement hearing advertisement. We will be available to attend the Improvement Hearing to present the project and preliminary assessment and to answer questions as necessary. It is assumed the City will mail the hearing notices. Deliverables: Feasibility report, improvement hearing advertisement and notices, resolutions and agenda write-ups. PROJECT APPROACH 1 11 Hakanson APPENDIX A Anderson PROJECT APPROACH PHASE 2 - PROJECT INVESTIGATION & TOPOGRAPHIC SURVEY Task 1 - Geotechnical Investigation We anticipate that pavement cores and soil borings will be needed to obtain accurate existing pavement and base depths and to obtain an accurate R -value estimate for pavement design. The City of Monticello will initiate the soil borings under a separate contract. Hakanson Anderson will be responsible for scheduling and directing the geotechnical consultant as needed to fully implement the project. Task 2 - Gopher State One Call A Gopher State One Call will be initiated in advance of the topographic survey and we will request that all facilities are field marked. Task 3 - Topographic Survey Our proposal includes performing field surveys as necessary to ensure complete and accurate construction plans. We propose to cross section the road as necessary and survey features such as catch basins, valve boxes, and sanitary sewer manholes. We will also survey all field marked utilities and provide detailed topographic survey at all existing or proposed pedestrian curb ramps within the project area. Deliverables: Topographic survey. PHASE 3 - DESIGN, IMPROVEMENT HEARING, & BIDDING SERVICES Task 1 - Existing Utilities and Infrastructure Review We will investigate and review the existing data on the storm sewer, water, and sanitary sewer systems, and private utilities. This task also includes a comparison between the field located utilities and available mapping. We will conduct a field review to evaluate and quantify bituminous patching, curb removal, catch basin conditions, and sanitary sewer manhole ring conditions. The condition of the catch basins and sewer manhole rings will be reported to the City. This information will be used to prepare the construction plans. Task 2 - Small Utility Notification We will notify and coordinate the project improvements with the utility companies. Task 3 - Identify Easements and Right -of -Way Additional easements or right-of-way are not anticipated for this project. All work is assumed to be within existing easements and right-of-way. PROJECT APPROACH III Hakanson APPENDIX A Anderson PROJECT APPROACH Task 4 — Utility Design Meeting Coordinate a meeting with City Staff, Wright County, and the small utilities as required. We will coordinate and attend the utility design meeting. The goal is to define potential conflicts and to provide the utility companies with advance notice of the project to avoid construction delays. Task 5 — Construction Drawings Prepare detailed construction drawings for review by the City. We anticipate that a typical plan set will include: i. Title Sheet 2. Construction Notes 3. Standard Plates 4. Schedules 5. Typical Sections and Details 6. Existing Conditions 7. Removals 8. List of Estimated Quantities 9. Construction Plans io. Traffic Control Plans ii. Signage and Striping Plan (If Needed) 12. Erosion and Sediment Control Plan Task 6 — Prepare Final Documents Prepare final drawings, estimated quantities, specifications, conditions of the contract and bidding requirements. Coordinate these plans and specifications with the permitting agencies. Specifications will include the standardized EJCDC General Conditions, Special Conditions to the Contract, Technical Specifications, the Contract Agreement, and sample forms for Performance and Payment Bonds. We will also submit plans to Wright County for review and approval. Task 7 — Final Construction Cost Estimate Finalize the estimated cost of construction and value engineer as required to maintain budget. Task 8 — Quality Control Review Schedule and conduct an in-house quality control review of the final draft of the construction documents. Task 9 — Pre-bid Conference Coordinate and attend pre-bid conference if the City requests one. PROJECT APPROACH I IV Hakanson APPENDIX A Anderson PROJECT APPROACH Task io — Bidding Process Hakanson Anderson will assist the City in preparing and submitting the Advertisement for Bids as required by MN statutes. During the bidding period, we will answer Contractor questions and review and approve proposed Contractor substitutions in coordination with the City. We will also prepare and coordinate any necessary Addenda. Task ii — Bid Opening We will attend and assist the City in conducting the bid opening. After the bid opening, we will prepare a bid tabulation to verify that the bid amounts agree with the estimated quantities and unit prices. If the City prefers, we can also conduct the bid opening electronically through QuestCDN. Deliverables: Final construction drawings and specifications, and final construction cost estimate. Draft addenda if necessary. Prepare bid tabulation and award recommendation letter. Prepare resolution and agenda write-ups. PHASE 4 - CONSTRUCTION SERVICES Task 1 — Pre -Construction Conference Coordinate and attend preconstruction conference. Task 2 — Construction Administration The Project Manager will coordinate the construction process including responding to questions from the public and City Staff and interpreting the construction documents. The Project Manager will also prepare monthly pay applications for consideration by the City. Our Construction Observer will provide full-time construction observation services to ensure that all work conforms to the approved plans and specifications and City of Monticello standards. The Construction Observer will coordinate all material testing with the geotechnical subconsultant and will coordinate the construction schedule and activities with the property owners. Task 3 — Construction Staking Minimal construction staking is anticipated on this project. Construction staking is anticipated for replacement of existing or construction of new pedestrian ramps to ensure ADA requirements are met. Task 4 — As-Built/Record Drawing Receive, review, and assemble all as -built information and incorporate informatoin into the record plans. The record plans will contain as -built rim elevations, Contractor information, and will call out and features as -built. PROJECT APPROACH I V Hakanson APPENDIX A Anderson PROJECT APPROACH Deliverables: Meeting minutes, survey cut sheets, shop drawings, payment requests, construction observation reports, project closeout information, project punchlist, final acceptance letter, and electronic and hard copies of the record drawings PHASE 5 — ASSESSMENT HEARING We will prepare the assessment hearing notices for each property along with the proposed assessment hearing advertisement. We will be available to attend the Assessment Hearing to present the final assessments and answer questions as necessary. It is assumed that the City will mail the assessment notices. PROJECT APPROACH I VI Hakanson APPENDIX B - RESUMES Anderson CRAIG JOCHUM, P.E. PROJECT MANAGER EDUCATION Bachelor of Science Civil Engineering SUMMARY Mr. Jochum, P.E. is the President of the firm with over 30 years of experience in civil and municipal engineering. Craig has extensive experience in project management, detailed design and construction oversight of municipal improvement projects. Craig manages the Hakanson Anderson team with an integrated, hands-on approach to deliver quality construction documents and exceptional levels of service. EXPERIENCE Craig has extensive experience in civil and municipal engineering projects including the design and construction of municipal state aid and local streets, trunk highway service roads, parking lots, improvements necessary for railroad quiet zones, and residential and commercial site and utility design. Craig specializes in solving engineering problems and delivering real world solutions. Craig has extensive experience with navigating the public process and with the MN Statutes Chapter 429 assessment process for a wide variety of projects. He is currently the City Engineer in St. Francis and East Bethel. RESUME RECENT PROJECT EXAMPLES North Dakota State University CITY OF ST. FRANCIS - PROJECT MANAGER REGISTRATION 2o18, 2019, 2020, & 2021 Street Reconditioning Projects. These four projects State of Minnesota — included bituminous overlays and patching, catch basin repair, select curb Licensed Professional Engineer removal and replacement, water valve replacement, and signage and striping. ORGANIZATIONS CITY OF ANOKA - PROJECT MANAGER American Council of Engineering • 2011-2021 Street Reconstruction Projects. These eleven projects included Companies complete reconstruction of all curbs, streets, sewer and water mains and services, and storm sewer systems in residential neighborhoods throughout Anoka Area Chamber of Commerce the city. City Engineer Association of MN 2012, 2014, 2015, 2o18, 2019, & 2020 Street Surface Improvement Projects. These six projects included bituminous reclamation and reconstruction, catch basin repair, select curb removal and replacement, water valve replacement, and signage and striping. CITY OF COON RAPIDS - PROJECT MANAGER 2o16, 2017, & 2019 Street Improvement Projects. These three projects included bituminous reclamation and reconstruction, catch basin repair, select curb removal and replacement, watermain replacement, signage, and striping. RESUME Hakanson APPENDIX B - RESUMES Anderson SHANE NELSON, P.E. QA/QC REVIEWER EDUCATION Bachelor of Science Civil Engineering University of Minnesota REGISTRATION State of Minnesota — Licensed Professional Engineer ORGANIZATIONS American Council of Engineering Companies American Society of Civil Engineers City Engineer Association of MN SUMMARY Mr. Shane Nelson, P.E. is a Vice President of the firm. He has over 23 years of experience in municipal engineering, commercial site development, residential site development, multi -family site development, institutional development, and park development. EXPERIENCE Shane has extensive experience in street designs, grading plans, detailed drainage design, stormwater management plans, hydraulic risk studies, Storm Water Pollution Prevention Plans (SWPPPs), trail designs, sidewalk designs, ADA designs, sanitary sewer conveyance, watermain extensions, storm sewer designs and park designs. He is currently the City Engineer in Nowthen and Credit River. RECENT PROJECT EXAMPLES CITY OF ST. MICHAEL - PROJECT MANAGER 2015 & 2o18 Street Rehabilitation Projects. These two projects included bituminous patching and overlays, milling and pavement fabric, catch basin repair, select curb removal and replacement, signage, and striping. 2020 Street Reconstruction Project. This project included pavement reclamation, storm sewer and culvert replacement, signage, and striping. CITY OF CREDIT RIVER - PROJECT MANAGER 2015, 2o18, & 2021 Street Surface Improvement Projects. These three projects included bituminous patching and overlays, stormwater improvements, and signage. • Scottview Estates, Wagonwheel, Creekwood, and Nevada Improvement Projects. These projects included pavement reclamation, subgrade stabilization, and stormwater improvements. CITY OF ELK RIVER - PROJECT MANAGER 2017 & 2o18 Pavement Improvement Projects. These two projects included bituminous overlays, subgrade correction and bituminous patching, catch basin repair, and stormwater improvement. RESUME Hakanson APPENDIX B - RESUMES Anderson TIM EGGERICHS, P.E. LEAD DESIGN ENGINEER EDUCATION Bachelor of Science Civil Engineering North Dakota State University REGISTRATION State of Minnesota — Licensed Professional Engineer ORGANIZATIONS American Council of Engineering Companies SUMMARY Mr. Eggerichs, P.E., is a licensed professional engineer who has been with Hakanson Anderson for 23 years. Tim has extensive experience in the preparation of plans and specifications for a wide variety of municipal and private utility projects. He also has extensive experience in water resource engineering including hydrologic and hydraulic modeling. EXPERIENCE Tim's focus over the past 20+ years has been development of plans and specifications for a variety of projects. He has developed comprehensive water resource management plans which address water quality, flooding, and wetland concerns. He has also worked on grading and construction plans for numerous residential and commercial developments. These plans have involved the desigr of streets, sewer and water utilities and storm sewer drainage systems. Tim has also been involved in the design of locally funded municipal street projects. RECENT PROJECT EXAMPLES CITY OF ST. FRANCIS - LEAD DESIGN ENGINEER 2o18, 2019, 2020, & 2021 Street Reconditioning Projects. These four projects included bituminous overlays and patching, catch basin repair, select curb removal and replacement, water valve replacement, and signage and striping. CITY OF ANOKA - LEAD DESIGN ENGINEER 2011-2021 Street Reconstruction Projects. These eleven projects included complete reconstruction of all curbs, streets, sewer and water mains and services, and storm sewer systems in residential neighborhoods throughout the city. 2012, 2014, 2015, 2o18, 2019, & 2020 Street Surface Improvement Projects. These six projects included bituminous reclamation and reconstruction, catch basin repair, select curb removal and replacement, water valve replacement, and signage and striping. CITY OF COON RAPIDS - LEAD DESIGN ENGINEER 2o16, 2017, & 2019 Street Improvement Projects. These three projects included bituminous reclamation and reconstruction, catch basin repair, select curb removal and replacement, watermain replacement, signage, and striping. RESUME Hakanson Anderson CERTIFICATIONS SUMMARY APPENDIX B - RESUMES LUKE BUCHHOLZ CONSTRUCTION OBSERVER Mr. Buchholz is a construction observer for Hakanson Anderson. He has over 7 years of construction experience. He is responsible for administering and inspecting the construction of public works projects in the communities Hakanson Anderson serves. EXPERIENCE Luke's construction observation duties have included: street construction and reconstruction, sanitary sewer, pipe jackings and borings, liftstations, watermain, water supply, and storm sewer. He has the required MnDOT Certifications needed to perform Municipal State Aid Street inspections. Luke also has extensive experience working with residents during project construction. With his excellent communication skills, he gains the trust of residents by providing prompt resolutions to their issues and questions during construction. RESUME PROJECT EXAMPLES • Aggregate Production • Level 1 and 2 Bituminous Street CITY OF ST. FRANCIS - CONSTRUCTION OBSERVER • Level 1 and 2 Concrete Field 2020 & 2021 Street Reconditioning Projects. These two projects included bituminous overlays and patching, catch basin repair, select curb removal and • Level 1 and 2 Grading and Base replacement, water valve replacement, and signage and striping. • Construction Installer CITY OF EAST BETHEL - CONSTRUCTION OBSERVER • Construction Site Management 2o16 & 2019 Street Surface Improvement Project. These two projects included • Design of SWPPP bituminous overlays and patching, catch basin repair and replacement, signage, and striping. 2021 Trunk Highway 65 Service Road Project Phase I. This project includes the construction of a new service road with concrete curb and gutter, bituminous surfacing, sewer and water mains and services, storm sewer, signage, and striping. 189th Avenue Street Construction and Utility Extension Project. This project includes the construction of a new service road with concrete curb and gutter, bituminous surfacing, sewer and water mains and services, storm sewer, signage, and striping. RESUME Hakanson APPENDIX B - RESUMES Anderson BRIAN PERSON, P.L.S. SURVEY MANAGER EDUCATION Bachelor of Science Agricultural Engineering Technology University of Wisconsin - River Falls St. Cloud State University REGISTRATION State of Minnesota — Professional Land Surveyor (P.L.S.) ORGANIZATIONS Minnesota GIS/LIS Consortium Minnesota Society of Professional Surveyors SUMMARY Brian Person, Vice President at Hakanson Anderson, has over 20 years of experience in land surveying. As a Professional Land Surveyor, Brian has worked on a variety of projects throughout the states of Minnesota and Wisconsin. These range from individual lot surveys to large complex right-of-way acquisition projects for roadway and utility construction. EXPERIENCE Brian has experience in ALTA/NSPS surveys, construction surveying, boundary and topographic surveying, right-of-way acquisition and platting, writing and researching property descriptions, and commercial and residential building staking. RECENT PROJECT EXAMPLES CITY OF ST. FRANCIS - SURVEY MANAGER 2020 Street Reconstruction Project. Prepared assessment maps and managed the construction surveying and staking. CITY OF ANOKA - SURVEY MANAGER 2015-2021 Street Reconstruction Projects. Prepared assessment maps and managed the construction surveying and staking. CITY OF EAST BETHEL - SURVEY MANAGER Review and create various easement and right-of-way documents of multiple locations throughout the City. Property surveys, easement descriptions, and property acquisition drawings for the Trunk Highway 65 Service Road from 205th Avenue to 207th Avenue and from 207th Avenue to 209th Avenue, as well as from 215th Avenue to 221st Avenue. Wild Rice Drive property surveys, easement descriptions and property acquisition drawings, and construction staking. Jackson Street construction computations and staking. UNIVERSITY OF MINNESOTA - SURVEY MANAGER NSPS/survey of Shrines Hospital Site. Creation of property documentation and mapping for UMore Park in Rosemount. East River Road/Minneapolis Park Board property surveys, creation of easement descriptions for utility construction and construction staking. RESUME APPENDIX C 2022 Street Improvement Project Schedule Description ©ommmommmommmo®mmommm©mmm®om®mommmommm©ommmo®mmommm PHASE.,.SPECIALASSESSMENT Feasibility Report Improvement Hearing Advertisement & Meeting PHASE 2 - PROJECT INVESTIGATION & TOPOGRAPHIC SURVEY ...:...:.. rr■■�■ r ■r■ ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ GopherM■■■■■■■ m■■■ NAME ■■nm■■■■■■■■■■ PHASE 3 - DESIGN, IMPROVEMENT HEARING, & BIDDING Existing nn■■n■■■■■■n■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ NotificationSmall Utility ■■■■ MEN ■■■Utility n■■■■i■■■i■■■■■■■■■■■■■■ ■i■■■■■■■■■■■■■ Design Meeting Construction Drawings PrepareDocuments ■■■ MEN ■MEN ■■MEMO ■©■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Final Construction Cost Estimate �n■■n■■n■■n■■n■■n■■n■■nn■■■■■■■■■■■■■NONE Quality _ _ B..: .. n■m■■n■■■n■■■■■nnnnnn■■■■■■■■■■■■■NONE id O M on ■■�■■�■m■ nnn■■■■■■■■■■■■■■■■■■■ Project PHASEAward Pre -Construction Conference ■■■■■■■ MEN ■MEN ■MEN ■■■■■■■■■■■■ MEN ■MEN ■MEN ■MEN ■■■■■■ ...Inspection,: ■■■■■■■ MEN ■MEN ■MEN ■MEN ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ �: As-Built/Record.. ■■■■■■■ MEN ■MEN ■MEN ■MEN ■MEN ■MEN ■MEN ■■■■■■■■■■■■■■■■■ PHASEHEARING Assessment Hearing Advertisement n■■■■n■■n■■n■■■ MEN ■MEN nME on ■■■■■■■■■Q■■■o A. City Council approves Feasibility Report and sets Improvement Hearing on September 13, 2021. F. Bid opening on January 11, 2022. B. City Council conducts Improvement Hearing and orders Plans and Specifications on October 11, 2021. G. City Council awards project on January 24, 2022. C. Submit 60% plan set to City staff for review and comment on November 16, 2021. H. City Council adopts final assessment roll and sets Assessment Hearing on June 27, 2022. D. Submit 95% plan set to City staff for review and comment on December 2, 2021. I. City Council conducts the Assessment Hearing on July 25, 2022. E. City Council approves Plans and Specifications and orders Advertisement for Bids on December 13, 2021. Hakanson APPENDIX D Anderson CONSULTANT COST Project Costs Our services will be invoiced in accordance with our standard municipal hourly rates with a Not -to -Exceed cost of $60,400. The proposed Not -to -Exceed cost for the 2022 Street Improvements project is summarized below by the work tasks identified in Section 2 of the Request for Proposals. Task is Feasibility Report in accordance with MN Statues Chapter 429 Task 2: Special Assessment requirements including notices and advertisement for Improvement and Assessment Hearings, preparation of proposed assessment rolls, and attendance at the Improvement and Assessment Hearings Task 3: Topographic survey Task 4: Design, including Plans and Specifications in accordance with City standards Task 5: Contract bidding and award Task 6: Construction inspection, staking, and management services Task 7: Warranty inspection Standard Municipal Hourly Rates Hakanson Anderson hourly rates for this project will be as follows: Craig Jochum, Project Manager Shane Nelson, Quality Assurance/Control Reviewer Tim Eggerichs, Lead Design Engineer Brian Person, Survey Manager Luke Buchholz, Construction Observer Design Engineers Drafting Technician GIS Technician Survey Crew Chief Survey Field Technician Wetland Specialist Administrative Assistant GPS/Robotic Total Station Construction Observer Mileage $ 3,500 $ 5,500 $ 6,000 $19,500 $ 1,900 $22,500 $ 1,500 Total Not -to -Exceed Cost: $6o,400 $135.00 $125.00 $115.00 $120.00 $90.00 $75.00 - $110.00 $70.00 - $95.00 $85.00 - $105.00 $95.00 - $105.00 $70.00 - $90.00 $95.00 $65.00 $35.00 $0.56 per mile CONSULTANT COST Hakanson APPENDIX D Anderson CONSULTANT COST Reimbursable Costs Hakanson Anderson charges for robotic total stations and mileage for construction observers as shown in the schedule above. These expenses are included in our Not -to -Exceed cost. All of our other expenses are included in our hourly rates. If requested, reimbursable services, as outlined in the Request for Proposals, will be invoiced at actual cost. CONSULTANT COST 1 11 Client#: 118291 HAKAAND ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) TYPE OF INSURANCE 7/01/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephanie Schmitz CBIZ Insurance Services, Inc. PHONE 763 549-2204 FAX A/C, No, E.1): A/C, No): 222 S 9th St. STE 1000 E-MAIL sschmitz@cbiz.com Minneapolis, MN 55402 INSURER(S) AFFORDING COVERAGE NAIC# 763 549-2200 INSURER A: Cincinnati Insurance Co 10677 INSURED INSURER B: SFM Mutual Insurance Co. 11347 Hakanson Anderson Associates, Inc. Continental Casualty Company INSURER C : y P y 20443 3601 Thurston Avenue #101 $ A Anoka, MN 55303 INSURER D: ECP0510536 11/01/2020 INSURER E CM EaaccideDnt)SINGLELIMIT $1'000'000 INSURER F: BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR ECP0510536 11/01/2020 11/01/2021 EACH OCCURRENCE $1,000,000 PREMISES EaoN.U".nce $1,000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNEDX SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY ECP0510536 11/01/2020 11/01/2021 CM EaaccideDnt)SINGLELIMIT $1'000'000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ECP0510536 12/2/2020 11/01/2021 EACH OCCURRENCE s3,000,000 AGGREGATE s3,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 43702211 11/01/2020 11/01/2021 X STATUTE EORH E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 C Professional Liab AEH004312681 11/01/2020 11/01/2021 $2M each claim/$2M Agg $25,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ILO] ai's I I a LUT -111 I ani PJ A NJ aL'\C PI a A AG\ I PJ0 City of Monticello 505 Walnut Street Monticello, MN 55362 ACORD 25 (2016/03) 1 of 1 #S2813629/M2614697 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ORMK City Council Agenda: 07/12/2021 2M. Consideration of authorizing the City Administrator to amend a lease agreement with Monticello School District 882 for the 2021-2022 school year to include the cost of site improvement estimated at $30,000. Prepared by: Meeting Date: ❑ Regular Agenda Item Finance Director 07/12/2021 ® Consent Agenda Item Reviewed by: Approved by: Parks Superintendent City Administrator ACTION REQUESTED Motion to authorize the City Administrator to amend a lease agreement with Monticello School District 882 for the 2021-2022 school year to include the cost of site improvement estimated at $30,000. PRIOR COUNCIL ACTION June 28, 2021: Approved a lease agreement with Monticello School District 882 for the 2021- 2022 school year to serve kindergarten through fifth grade at the Bertram Chain of Lakes Regional Park Shared Maintenance Shed. REFERENCE AND BACKGROUND The school district is requesting a change to the lease agreement approved by City Council for the 2021-2022 school year. Under the original lease, the lessee (school) is responsible for all construction of improvements. However, the school can obtain funding from the state for the improvements if they are included in the lease payment to the city. Therefore, the proposed amendment to the lease would include wording whereby the city would pay for the cost of improvements upfront or monthly as allowed by the contractor, and the school's monthly lease payment would increase to cover the cost of the improvements. Proposed improvements include a poured concrete slab that would be property of the city. Staff is bringing this item forward for approval without finalized amendment wording so construction can proceed and be completed prior to the beginning of the school year. Budget Impact: None. The school district will reimburse the city for construction costs through monthly lease payments. However, the city will have to spend the money upfront and recover the costs over the 9 -month lease. II. Staff Impact: Minimal. Staff time will be used to update wording in the lease and to monitor the construction to ensure proper purchasing requirements are followed. City Council Agenda: 07/12/2021 III. Comprehensive Plan Impact: Partnership and collaboration with community organizations/services. STAFF RECOMMENDED ACTION City staff recommends authorizing the City Administrator to amend the lease agreement. SUPPORTING DATA • None. City staff will work with school district staff to amend the lease when final construction costs are known. City Council Agenda: 07/12/2021 2N. Consideration of approving Resolution 2021-49 supporting construction of the Fallon Avenue trunk sanitary sewer line extension Prepared by: Meeting Date: ❑ Regular Agenda Item Public Works Director/City Engineer 07/12/2021 ❑x Consent Agenda Item Reviewed by: Approved by: Finance Director/ Community City Administrator Development Director ACTION REQUESTED Motion to approve Resolution 2021-49 supporting construction of the Fallon Avenue sanitary sewer line extension. REFERENCE AND BACKGROUND In 2019 a study investigated the various alternatives for providing sanitary sewer service to the undeveloped areas east of Hwy 25 and south of 1-94 within Monticello Township. This study recommended installing a deep trunk sewer line down Fallon Avenue. The deep trunk line would provide the necessary capacity to serve the city's full anticipated growth area within the southeast portion of the Monticello Orderly Annexation Area (MOAA). The study indicated that in the interim a portion of undeveloped MOAA properties in the SE Area could be served via existing sanitary sewer lines. The study also estimated that the existing lines provide enough capacity for approximately 10 -years of growth. In 2005 a 36" sanitary sewer interceptor was installed under 1-94 extending south to Chelsea Avenue along Fallon Avenue. The Fallon Avenue Sewer Extension Project would extend this sewer main from its current location south to 85th Avenue. The cost, including roadway reconstruction and sanitary sewer extension, was estimated at $8.7 million in 2018. This price includes a full urban section with curb, gutter, and pathway from Chelsea Road to School Boulevard and a rural section south of School Boulevard maintaining a ditch section. In an effort to secure funding assistance, the city recently made requests for congressionally directed spending from Senators Smith and Klobuchar. The requested resolution formally acknowledges the City Council will allocate required matching funds for any grants or other funding assistance awarded to the city for this project. It also supports future staff efforts to compile funding applications by highlighting the Council's commitment to the project. City Council Agenda: 07/12/2021 I. Budget Impact: Depending on the funding source, a local match may be required. The Congressionally Directed Spending Request was for $6,000,000; any remaining cost would be a local match. If grant funds are awarded, spending is anticipated in 2022 and 2023, and bonds would be issued to fund the city's portion of the project costs. II. Staff Workload Impact: Staff workload will have marginal impact. III. Comprehensive Plan Impact: The Monticello 2040 Plan identifies portions of the Southeast area in both its primary and secondary growth corridors. The noted Fallon Avenue infrastructure is necessary to serve this area consistent with both the 2040 plan and the MOAA agreement. STAFF RECOMMENDED ACTION Staff recommends approving a resolution in support of constructing a trunk sanitary sewer line on Fallon Avenue. SUPPORTING DATA A. Resolution 2022-49 B. Southeast Sanitary Sewer Study, Excerpt C. Monticello 2040 Plan, Excerpt CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2021-49 RESOLUTION OF SUPPORT FOR THE CONSTRUCTION OF FALLON AVENUE TRUNK SANITARY SEWER LINE EXTENSION WHEREAS, the City has identified the southeast quadrant, south of 1-94 and east of MN TH 25, of the community as a target area for job development and tax base diversification. WHEREAS, a sanitary sewer interceptor was installed under 1-94 extending south to Chelsea Avenue along Fallon Avenue in 2005; and WHEREAS, a study was completed which showed various alternatives for providing sanitary sewer service to undeveloped areas east of Highway 25 and south of 1-94 within Monticello Township; and WHEREAS, the City has identified this sewer extension as a critical needed infrastructure improvement. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. That the City Council supports the construction of the Fallon Avenue trunk sanitary sewer line extension and will allocate required matching funds for any grants or funding assistance awarded to the City of Monticello for the project. ADOPTED BYthe City Council of Monticello, Minnesota this 12th day of July, 2021. CITY OF MONTICELLO Lloyd Hilgart, Mayor Jennifer Schreiber, City Clerk wsb Technical Memorandum To: Matt Leonard, P.E. City Engineer/Public Works Director City of Monticello From: Jon Christensen, E.I.T. Shibani Bisson, P.E. WSB Date: June 27, 2019 Re: Southeast Service Area Sewer Extension WSB Project No. 11770-00 Background The City Council authorized completion of this technical memorandum to provide information on sanitary sewer infrastructure alternatives for the Southeast Service Area. The City's 2005 Fallon Ave/1-94 interceptor project, trunk sanitary sewer fee analysis and associated capital improvement planning identified a conceptual large gravity sanitary sewer main system, extending south along Fallon Avenue from Chelsea Road. The interceptor line was installed in 2005 for the purpose of removing the reservoir lift station and eliminating the need to build a second wastewater treatment facility to serve future development in the City's southeast annexation area, located east of TH 25 and south of 1-94. This southeast service area consists of approximately 3,100 acres and potentially 6,900 acres serving the remaining township area. City staff had recently received development inquiries in the southeast area outside of the current City limits, within the annexation area. In order to respond to these development inquiries and determine an efficient and cost-effective method to serve these areas, staff recommended completing a more comprehensive evaluation of the southeast trunk sanitary sewer system plan with preparation of this technical memorandum. The scope of the technical memorandum includes: • Evaluate existing sewer capacity to serve future development in the southeast area. • Estimate future sewer flows within the annexation boundary based on City -staff -identified land use zoning and estimated growth projections. • Complete hydraulic calculations to confirm required sizing for a gravity trunk sewer extension alternative and/or a regional lift station and force main alternative for ultimate build -out flow projections. • After determining ultimate build -out sizing requirements for the sewer system, evaluate smaller capacity alternatives and compare to projected development. • Prepare a preliminary design layout(s) (GIS map figures) of the sewer improvements alternatives, flow capacity and associated development acreage for each alternative, and conceptual level construction costs for each alternative K:\011770-OOOWdmin\Docs\MEMO SE Sanitary Sewer Analysis.docx Matt Leonard June 27, 2019 Page 2 This technical memorandum is to serve as a basis for identifying the most efficient and cost- effective sewer system to serve the southeast growth area. After completion of this memorandum, a funding and financing plan can be developed by City staff in addition to projecting when these improvements would need to take place, assuming a certain growth rate, since development timelines are unknown. The area considered in this analysis includes the sanitary sewer service area south of 1-94 and primarily east of TH 25 as shown in Figure 1. Existing development in this area includes a mix of residential, commercial and industrial land uses. The proposed land use for the undeveloped agricultural land outside of the city limits within the annexation is currently planned to be residential. Within the southeast sewer service area, there are approximately 460 acres of undeveloped land within the City limits, 3,100 acres within the annexation boundary area and 6,900 acres within the township boundary. This analysis considers the staged improvements based on a City staff provided planned 10 -year growth area and for long term service to the township boundary. Extension of the sanitary sewer system will be necessary to accommodate the increase in wastewater flow from this southeast service area as development occurs. K:\011770-000\Admin\Docs\MEMO SE Sanitary Sewer Analysis.docx Matt Leonard June 19, 2019 Page 3 Existing Conditions The capacity of the existing gravity trunk sewers were was analyzed to determine the limiting capacity in each main in order to determine the remaining residual capacity for serving new development. The design capacity and residual capacity of the gravity sewer lines within the study area is shown in Figure 2. Table 1 provides a summary of these capacities along with the resulting equivalent residential units based on the residual capacity. To determine the existing capacity, the shallowest pipe slope for each pipe diameter segment was utilized based on City as -built drawings. To determine the resulting residual capacity, the existing average flow was estimated as 85% of annual water use based on city water usage data from 2017, and calculated to be 182 gallons per day (gpd) per residential unit and 400 gpd per commercial/industrial acre. These rates are consistent with Met Council guidance. Table 1 - Existing Trunk Sewer Capacity Location As -Built Diameter Slope Capacity (gpd) Existing Avg. Flow (gpd) Peak Hourly Flow Factor Existing Peak Hourly Flow (gpd) Residual Capacity (gpd) Equivalent Residential Units Farmstead Ave S206 10" 0.0013 551,000 26,026 4.0 104,104 446,896 614 Farmstead Ave S140 12" 0.0016 993,000 49,686 4.0 198,744 794,256 1,091 Pioneer Park S144 12" 0.0019 1,083,000 49,686 4.0 198,744 884,256 1,215 Farmstead Ave S141 15" 0.0009 1,351,000 99,372 4.0 397,488 953,512 1,310 Farmstead Dr S97 18" 0.0010 2,316,000 108,290 4.0 433,160 1,882,840 2,586 Monticello Crossings S383 10" 0.0012 529,000 36,764 4.0 147,056 381,944 525 Chelsea Rd W S45 10" 0.0028 808,000 48,817 4.0 195,268 612,732 842 Chelsea Rd W S45 10" 0.0048 1,058,000 62,285 4.0 249,140 808,860 1,111 Chelsea Rd W S 11 12" 0.0019 1,083,000 74,677 4.0 298,708 784,292 1,077 Dundas Rd S21 10" 0.0028 808,000 20,334 4.0 81,336 726,664 998 89th St S284 12" 0.0014 929,000 11,830 4.0 47,320 881,680 1,211 School Blvd S175 12" 0.0020 1,111,000 45,144 4.0 180,576 930,424 1,278 School Blvd S105 12" 0.0019 1,083,000 97,632 4.0 390,528 692,472 951 Farmstead Dr S98 15" 0.0015 1,744,000 131,120 3.9 511,368 1,232,632 1,737 Dundas Rd S21 15" 0.0022 2,112,000 19,364 4.0 77,456 2,034,544 2,795 TH-25 S17 10" 0.0025 764,000 9,068 4.0 36,272 727,728 1,000 Cedar St S20 10" 0.0028 808,000 4,396 4.0 17,584 790,416 1,086 Oakwood Dr E S12 10" 0.0017 630,000 22,720 4.0 90,880 539,120 741 Chelsea Rd W S12 10" 0.0011 507,000 49,416 4.0 197,664 309,336 425 Business Park S of Dundas S95 21" 0.0010 3,493,000 252,150 3.7 932,955 2,560,045 3,802 Business Park Dundas to Chelsea S20 18" 0.0015 2,836,000 291,848 3.7 1,079,838 1,756,162 2,608 Chelsea Rd W S12 18" 0.0013 2,640,000 341,264 3.6 1,228,550 1,411,450 2,154 1-94 S331 24" 0.0022 7,397,000 415,941 3.5 1,455,794 5,941,207 9,327 K:\011770-000Wdmin\Docs\MEMO SE Sanitary Sewer Analysis.docx Matt Leonard June 19, 2019 Page 4 10 -Year Growth Area Analysis In order to provide a relatively short term scenario to analyze sewer capacity and anticipated infrastructure improvements needed, a 10 -year growth area was identified by City staff as shown in Figure 3. The 10 -year growth area consists of approximately 930 residential acres (1,860 residential units), 230 commercial/industrial acres, and 5 institutional acres. The projected flows and residual capacities assuming full development in the 10 -year growth area are listed in Table 2. The flow rates assumed for new development were 182 gpd per residential unit, 600 gpd per institutional acre, and 800 gpd per commercial/industrial acre. A density of 2.5 units per acre was assumed for future single family residential areas. Based on full development of the 10 -year growth area, the limiting trunk sewer is the 15 -inch pipe in Farmstead Avenue. If the entire 10 - year growth area were developed, the capacity of this 15 -inch pipe would be exceeded by an equivalent of 67 residential units. Therefore, a majority of the 10 -year growth area can be developed and served by the capacity in the existing designated sewer system before the gravity trunk main or other regional improvements are required. Table 2 - 10 -Year Growth Area Sewer Capacity Location Diameter Capacity (gpd) 10 -Year Growth Added Avg' Flow pd 10 -Year Avg. Flow (gpd) Peak Hourly Flow Factor 10 -Year Growth Peak Hourly Flow pd Residual Capacity (gpd) Equivalent Residential Units Farmstead Ave 10" 551,000 106,188 132,214 3.9 515,635 35,365 50 Farmstead Ave 12" 993,000 210,608 260,294 3.7 963,088 29,912 44 Pioneer Park 12" 1,083,000 88,270 137,956 3.9 538,028 544,972 768 Farmstead Ave 15" 1,351,000 298,878 398,250 3.5 1,393,875 -42,875 -67 Farmstead Dr 18" 2,316,000 298,878 407,168 3.5 1,425,088 890,912 1,399 Monticello Crossings 10" 529,000 36,764 4.0 147,056 381,944 525 Chelsea Rd W 10" 808,000 40,472 89,289 4.0 357,156 450,844 619 Chelsea Rd W 10" 1,058,000 40,472 102,757 4.0 411,028 646,972 889 Chelsea Rd W 12" 1,083,000 40,472 115,149 4.0 460,596 622,404 855 Dundas Rd 10" 808,000 0 20,334 4.0 81,336 726,664 998 89th St 12" 929,000 74,208 86,038 4.0 344,152 584,848 803 School Blvd 12" 1,111,000 42,372 87,516 4.0 350,064 760,936 1,045 School Blvd 12" 1,083,000 82,754 180,386 3.9 703,505 379,495 535 Farmstead Dr 15" 1,744,000 82,754 213,874 3.8 812,721 931,279 1,347 Dundas Rd 15" 2,112,000 28,408 47,772 4.0 191,088 1,920,912 2,639 MN -25 10" 764,000 0 9,068 4.0 36,272 727,728 1,000 Cedar St 10" 808,000 0 4,396 4.0 17,584 790,416 1,086 Oakwood Dr E 10" 630,000 0 22,720 4.0 90,880 539,120 741 Chelsea Rd W 10" 507,000 13,200 62,616 4.0 250,464 256,536 352 Business Park S of Dundas 21" 3,493,000 381,632 633,782 3.4 2,154,859 1,338,141 2,162 Business Park (Dundas to Chelsea) 18" 2,836,000 410,040 701,888 3.3 2,316,230 519,770 865 Chelsea Rd W 18" 2,640,000 423,240 764,504 3.3 2,522,863 117,137 195 1-94 24" 7,397,000 463,712 879,653 3.2 2,814,890 4,582,110 7,868 K:\011770-000\Admin\Docs\MEMO SE Sanitary Sewer Analysis.docx Matt Leonard June 19, 2019 Page 5 Ultimate Flow Projections The long-term wastewater flows within the annexation and township boundary were estimated in order to evaluate long-term regional sanitary sewer service options, consisting of a gravity trunk sewer system or regional lift station system. Broad sanitary sewer districts were delineated based on regional natural/wetland boundaries and Lidar topography. Wastewater flow estimates were then divided by district in order to size district trunk sewers. These trunk sewers were extended from the existing trunk network at minimum grade, with routing guided by Lidar topography. A maximum sewer depth of forty feet (40') was applied where sewers had to cross through ridge lines. Additional lift station service areas were delineated when trunk invert elevations violated minimum cover of 7.5'. The planned land uses, sanitary sewer districts, and conceptual sewer system gravity mains and lift stations are shown in Figures 4, 5, and 6. The projected flows from each sanitary sewer district are shown in Table 3. Table 3 - Ultimate Wastewater Flow Projections Sanitary Sewer District Existing Average Flow (MGD) Additional Average Flow MGD Ultimate Average Flow (MGD) Peak Hourly Flow Factor Ultimate Peak Hourly Flow MGD SE 0 0.366 0.093 0.460 3.5 1.608 SE 1 0.000 0.057 0.057 4.0 0.230 SE 2 0.050 0.112 0.162 3.9 0.630 SE 3 0.000 0.075 0.075 4.0 0.301 SE 4 0.000 0.579 0.579 3.4 1.968 SE 5 0.000 0.740 0.740 3.3 2.441 SE 6 0.000 0.384 0.384 3.6 1.381 SE 7 0.000 0.079 0.079 4.0 0.316 SE 8 0.000 0.050 0.050 4.0 0.202 SE 9 0.000 0.454 0.454 3.5 1.590 SE 10 0.000 0.382 0.382 3.6 1.377 SE 11 0.000 0.029 0.029 4.0 0.116 SE 12 0.000 0.100 0.100 4.0 0.398 Total 0.416 3.135 3.551 2.5 8.877 KA011770-000\Admin\Docs\MEMO SE Sanitary Sewer Analysis.docx Matt Leonard June 27, 2019 Page 6 Short Term Regional Options Cardinal Hills Lift Station The Cardinal Hills development was previously served by a lift station located on the northeast corner of the intersection of Fallon Ave NE and Starling Dr which discharged wastewater through a 6 -inch DIP forcemain to the manhole located to the north within Fallon Ave. This lift station was constructed in 1991 and abandoned in the late 1990s. The top nine feet of the wet well, the valve vault, and a portion of the forcemain were removed. The remaining structures and piping were filled with sand and capped. The parcel where the lift station was located is now a private residence. Based on a maximum velocity of 8 feet per second (fps) and the 6 -inch DIP forcemain, the maximum pumping capacity of this lift station, if rehabilitated, would be 700 gpm. The projected peak hourly flow from Cardinal Hills, the Denn Property, and the 10 -year growth area to the south and east totals 673 gpm. Therefore, there is adequate capacity for these areas to be served if the Cardinal Hills lift station was reinstated. However, given that the critical lift station structures and piping have been removed and/or filling with sand and that the parcel is now occupied by a private residence where easements or property would need to be acquired, it is recommended to not consider rehabilitating the Cardinal Hills Lift Station. Interim Lift Station Options Other interim solutions were reviewed with City staff consisting of a smaller sized lift station discharging to the existing 10 -inch sewer line along Fallon Avenue, or extension of that 10 -inch sewer. However, these options were determined to not be feasible given the costs in relation to the benefits. Haven Ridge Development The Haven Ridge development is currently being proposed at the Denn property located adjacent to the intersection of Fallon Avenue and 85th Street. The existing gravity sanitary sewers adjacent to this property can serve a portion, but not all, of the development by gravity. Phase 1 and 2 located on the east side of Fallon Avenue can be served by gravity connections to the Klein Farms development. Phase 3, located on the south side of 85th Street, will require a temporary lift station that is proposed to discharge to the eight -inch (8") gravity main in Eisele Ave, in the Hunters Crossing development. Based on the proposed development, this gravity main will have a residual capacity of 290 gpm (580 residential units), so the temporary lift station pumping capacity cannot exceed 290 gpm. The temporary lift station may be oversized to serve additional area to the southeast beyond the Haven Ridge development, labeled "South of Denn" on Figure 3. The temporary lift station will need a pumping capacity of at least 200 gpm in order to serve both the proposed development within Haven Ridge and future development in the "South of Denn" area. The Haven Ridge development will not preclude the development of other undeveloped areas within the City limits. In other words, there is sufficient capacity within the existing trunk system to accommodate both the Haven Ridge development and currently undeveloped areas within the City limits (as demonstrated by the 10 -year growth area capacity analysis). KA011770-000\Admin\Docs\MEM0 SE Sanitary Sewer Analysis.docx Matt Leonard June 27, 2019 Page 7 Long Term Regional Options Three regional options were considered to serve the southeast area from the 36" interceptor connection point at Fallon Ave NE, just south of Chelsea Rd to 85th Street. The advantages, disadvantages, and estimated costs of these options are listed in Table 4 and summarized below. Option 1: Open cut installation of a 36 -inch trunk gravity main extending from the existing 36 -inch gravity main in Fallon Ave NE (shown in Figure 4). • Phasing sub -options: Phase 1: Installation of 36 -inch trunk gravity main from Chelsea Rd to Fallon Dr. Cardinal Hills (and future development to the south of Cardinal Hills that has occurred by this time) can be connected to the trunk gravity main, freeing up additional capacity in the existing trunk for approximately 690 residential units (275 acres) beyond the 10 -year growth area (subject to gravity serviceability by connection point). Phase 2: Installation of 36 -inch trunk gravity main from Fallon Dr to 85th St. May be installed as development occurs beyond the 10 -year growth area or in conjunction with future street improvements. • Interim sub -option: Installation of 36 -inch "dry" trunk gravity mains within new developments (i.e. Haven Ridge) in anticipation of eventual connection to the existing 36 - inch gravity main, but with interim service provided by a new lift station discharging to the existing gravity main Option 2: Installation of a new regional lift station in Pioneer Park with directionally drilled dual forcemains discharging to the existing 36 -inch gravity main in Fallon Ave NE (shown in Figure 5). Option 3: Installation of a new regional lift station in Hunters Crossing Park with directionally drilled dual forcemains discharging to the existing 36 -inch gravity main in Fallon Ave NE (shown in Figure 6). Additional Considerations: For Options 2 and 3, the regional lift station could be built with a dual chamber wet well in order to phase service with development. An approximate 10 -foot by 5.3 -foot chamber could serve the 10 - year growth area; an approximate 10 -foot by 16 -foot chamber could serve the SE annexation area; and the two chambers combined could serve the remaining SE township area. The lift station pumps could be sized to serve short-term development, to be replaced as development progresses. Two forcemains could be installed; it is estimated that an 8 -inch forcemain could serve short-term development, a 16 -inch forcemain could serve development within the Annexation boundary, and that together they could serve development within the Township boundary. This sizing would need to be confirmed during design based on projected flows and anticipated phasing. • If the township area is not served, only a 24 -inch gravity main is needed instead of a 36 -inch gravity main, resulting in a $200K decrease in the estimated sanitary sewer costs in Table 4. KA011770-000\Admin\Docs\MEM0 SE Sanitary Sewer Analysis.docx Matt Leonard June 19, 2019 Page 8 Table 4 —Trunk Sewer Option Comparison Note: If the township area is not served, only a 24" gravity main is needed instead of a 36" gravity main, resulting in a $200K decrease in the estimated sanitary sewer costs above. KA011770-000\Admin\Docs\MEM0 SE Sanitary Sewer Analysis.docx Trunk Sewer Option Estimated Costs (2018) Option No. (Fallon Ave between Chelsea Rd and 85 Advantages Disadvantages Sanitary Fallon Ave Street) Sewer Improvements Total Ease of maintenance Considerable construction disturbance Phase 1 Can receive flows from existing in established area, excavation will disturb existing businesses andresidents (Chelsea to $2.6M $2M $4.6M developments such as 273 units in and require replacement of Fallon Dr) 1 36" Trunk Gravity Main Cardinal Hills, reducing risk of existing watermain Phase 2 (open cut installation) septicity $2.3M $1.8M $4.1 M Diversion of Cardinal Hills flows Higher cost from surface disturbance (Fallon Dr would free up capacity in the existing Low initial flows pose risk of septicity to 85th St) trunk network Total $4.91VI $3.81VI $8.71VI Avoid surface disturbance along Repeat construction disturbance Fallon Ave NE north of Pioneer Park along Fallon Ave NE south of Pioneer Can receive flows from existing Park, Fallon Ave NE received a Pioneer Park Lift developments such as Cardinal Hills, bituminous overlay in 2015 $8.4M Station reducing risk of septicity Lift stations require additional $3.8M 2 ( dual chamber wet well, Diversion of Cardinal Hills flows monitoring, maintenance, and annual $4.6M (only 1.8M ( Y $ (with full dual 8"/16" forcemain, would free u capacity in the existing p p Y g operating costs needed with street recon to 36" gravity main from trunk network sanitary work) 85th St ) lift station to 85th St) Can be constructed on City property Lower cost from lack of surface disturbance Avoid surface disturbance along all Cannot receive flows from existing of Fallon Ave Cardinal Hills development and $7.91VI Phases I of Haven Ridge (Denn) $3.8M Hunters Crossing Park Can be constructed on City property development proposal (with full 3 Lift Station (dual chamber wet well, Lower cost from lack of surface Low initial flows pose risk of septicity $4.1 M (not needed with sanitary street dual 8"/16" forcemain) disturbance work) recon to th Lift stations require additional 85 S) monitoring, maintenance, and annual operating costs Note: If the township area is not served, only a 24" gravity main is needed instead of a 36" gravity main, resulting in a $200K decrease in the estimated sanitary sewer costs above. KA011770-000\Admin\Docs\MEM0 SE Sanitary Sewer Analysis.docx Matt Leonard June 19, 2019 Page 9 Recommendations City staff recommends Option 1, extension of a 36 -inch gravity main in lieu of construction of a regional lift station system. A gravity system is recommended in order to reduce ongoing operations and maintenance costs and also considering the relatively similar cost between the options listed in Table 4. After discussion with staff and presentation at the March 25, 2019 City Council workshop, the proposed planned sequence of improvements is described below: 1. To serve undeveloped properties within the existing City limits, connect to the existing sanitary sewer system. Development within the City -assumed 10 -year growth area will not preclude the development of undeveloped properties within the existing City limits. 2. To serve development within the City -assumed 10 -year growth area, extend sanitary sewer systems from existing developments (Cardinal Hills, Klein Farms and Featherstone) according to the conceptual alignments shown in Figure 3. In addition, temporary lift stations could be installed at locations near the future trunk gravity routing for future connection. The capacity in the existing sewer system can serve a majority of the 10 -year growth area while still providing service to undeveloped areas in the existing City limits. 3. To serve development within the annexation and township boundaries, extend a 36 -inch trunk gravity sewer south along Fallon Ave from the existing interceptor stub south of Chelsea Road. A conceptual plan for the trunk gravity system is shown in Figure 4. The trunk system extension along Fallon Avenue between Chelsea Road and 85th Street could be constructed in stages with planned street improvement projects as there is no lateral benefit to the adjacent existing developments. The remaining trunk system improvements would be development -driven and sewer alignments would be finalized depending on the proposed development plan. Proposed abutting gravity mains should connect to the proposed trunk main in order to maximize flow and minimize the risk of septicity. KA011770-000\Admin\Docs\MEM0 SE Sanitary Sewer Analysis.docx Matt Leonard June 27, 2019 Page 10 FIGURES K:\011770-000\Admin\Docs\MEMO SE Sanitary Sewer Analysis.docx __________, { __I __; i {� OAB/9Q TOA@'�94 F tiFsT . FST Qoq -� Ijr �yF� ♦�>=� �`r`r`Monticello WWTP , I SE Sanitary Sewer Analysis Area 3 � �—'—' � ® cc,9 i' �� ' -�. • /ry ® Existing Lift Station Existing Forcemain —'-1 COUINTY AU 3 LiL Existing Gravity Main s Diameter r Unknown o �, �ST,y o Wg X94 t o I I I� -8-- $„10" r" / �: �Q �` •..- .Q _ TO EB 194 - GNB ♦� 10.. i '!� 12" co ', 1 I 1 "fir. u r• J O,s � 115" v --_ 1 i i 1 ..' NF tij, 1 �' 1 '•' 16.. 18" m 1 — i 1 1 %00 %�SCH `L B♦, `/ �I �`\ —' 9�� ♦ ��.� i �__-_ i - 20" a v v I LU zi 42" _.. /�" `_—_— ,_. ILU �I z� zl , c • I '�; City Boundary ' Annexation Boundary 1 a i 1 / -------------�---------------- I I I ( - ----- _ L `�� `� _ wj — � "" � ' r Township Boundary — ---- I N � -- ' � f � J mac: � 0 National Wetland Inventory �. -777-7 o, �e r0 o _ , 1 - 4 L---------------------------•--'--------------------------------.--_------------------------------------------ e�-�- O t 1 D 0 0 0 0� MEL - CITY OF Figure 1 - Southeast Sanitary Sewer Analysis Area N 11 Mont1Cell0 Southeast Sewer Tech Memo Amoommocz= 0 2,500 WS b Feet City of Monticello, MN 1 inch = 2,500 feet oy'� �; ' { y 6 r ' e / 6 by ♦`♦� ONEISEA Row 00a_ .. 10Bu It. $ 1@2 As - NN 0.17 % t r - Roy®hq�l ' r.�, ♦\,``�� / , Max. Capacity: 630,000 gpd - 18 -inch RCP @ 0.13%(CONFIRM) �♦ ,/ •°q A, Existing Peak Hourly Flow: 91,000 gpd As -Built: S 12 24 -inch CCFRPM @ 0.22 % �`�� A, Residual Capacity: 539,000 gpd Max. Capacity: 2,640,000 gpd .y Existing Peak Hourly Flow: 1,229,000 gpd ' �� ♦ Max. Capacity: 7,397,000 gpd Monticello WWTP /�' RF�T�oo g��e�` .. ...r-..\NNSgRKr • zo zw A /j�,f+�l ,JjyV'/), - '�ResNidual Capacity: 1,411,000 gpd Existing Peak Hourly Flow: 1,456,000 gpd Residual Capacity: oo ��.` ♦`,`' oo0 � o I Q , ❑ 10 -inch DIP @ 0.11% ♦�"1'10-inch PVC @ 0.48 / �� . 10 -inch PVC @ 0.25% . . - As -Built: S 12 >�. �� ` - As -Built: S 45 �` RVIEw `•�`�� 3 As- Built: S 17 - Max. Capacity: 507,000 gpd .T „i Max. Capacity: 1,058,000 gpd Max. Capacity: 764,000 gpd Existing Peak Hourly Flow: 198,000 gpd HST _ - '+♦ Existing Peak Hourly Flow: 249,000 gpd - N .Existing Peak Hourly Flow: 36,000 gpd A Residual Capacity: 309,000 gpd _ / - - Residual Capacity: 809,000 gpd N�KENNA cT Residual Capacity: 728,000 gpd SAVANNAH AVE 'Q�Ot' / 11101 iy ;.10inchPVC @0.28% 18 -inch RCP @ 0.15% �'�,�" " ` y w As Built S 45 U 10 -inch PVC @ 0.28% As -Built: S 20 Oma` ♦�"• w Max. Capacity: 808,000 gpd As-BuiltMax.. Capacity: act 808,0 d 9P y Max. Capacity: 2,83000 d gpd 12 -inch RCP 0.19% ♦` Existing Peak Hourly Flow: 195,000 gpd ... p Y gp i y p Y' gpd ExistingPeak HourlyFlow: 1,080,000 d r ' 7 `• Residual Capacity: 613,000 gpd x m ExistingPeak HourlyFlow: 18,000 d a - o `No Residual Capacity: 790,000 gpd opt Residual Capacity: 1,756,000 gpd @ �- _ ,,♦ - aV o ; ,.•• '..• . , _ As -Built: S 11 M -z _ �♦ 15 -inch RCP @ 0.22% Max. Capacity: 1,083,000 gpd - -LL.♦�♦ y 3 :". - - • _ - -. •, - °r ,. , : Y: gpd ting Peak Hourly Flow: 299,000 gpd '� w F� �1`♦ ♦ ~ - v As -Built: S 21 � Existing Max. Capacity: 2,112,000 d ' y Residual Capacity: 784,000 gpd �Fq 10 -inch PVC @ 0.12% F Existing Peak Hourly Flow: 77,000 gpd z ,:LL.I �/ As -Built: S 383 3 Residual Capacity: 2,035,000 gpd �❑, `Y - �♦ Max. Capacity: 529,000 gpd a 12 -inch PVC @ 0.20% ❑ No, s RD ' " L _ ExistingPeak Hourly Flow: 147,000 gpd DUNDAS RD _ •" ' " Y �(( O As -Built S 175 - �- Max. Capacity: 1,111,000 gpd _ r • • • • ,� i Residual Capacity: 382,000 gpd t - 10 -inch PVC 0.28% �g-�.'`� - - - - ♦ - _ v Existing Peak Hourly Flow: 181,000 gpd.7",-yli ••'-- ��,- As -Built: S 21 @ Residual Capacity: 930,000 gpd"- @ -� c Max. Capacity: 808,000 gpd - ♦ ♦ ♦` �♦ a 21 -inch RCP 0.10% k _ �y'y�^ �♦ ♦ - ♦ a -� y+/'� Existing Peak Hourly Flow: 81,000 gpd ... - -'` HAYWARD CT 5 PARK CE 3R As -Built: S 95 . �- o ,. r x.• Residual Capacity: 727,000 d , w oFo�� r Max. Capacity: 3,493,000 gpd .. 9p , .,. �. e I/i�l �F �♦ N Existing Peak Hourly Flow: 933,000 gpd "--- ,• �♦ i . Residual Capacity: 2,560,000 gpd . ` 18 -inch RCP @'0.10% MEADO . •AIS' ` E N •,9 �♦ FARMSTEAD DR - • As -Built: S 97 N �`•�`��`'` v srLoNERiDCELN"� , Max. Capacity: 2,316,000 gpd - - - ,_�,.'• A i , Existing Peak Hourly Flow: 433,000 gpd ! ; 15 -inch RCP @ 0.15 % Residual Capacity: 1,883,000 gpd Built. S 98 'COUNTRY CIR > 15 -inch PVC @ 0.09 % ~ o° �, Max. Capacity: 1,744,000 gpd c {• Existing Peak Hourly Flow: 511,000 gpd z As -Built: S 141 Residual Capacity: 1,233,000 gpd O EgTEPD OR Max. Capacity: 1,351,000 gpd .° Hom 'y ° ® Existing Lift Station o i Existing Peak Hourly Flow: 397,000 gpd - a I .. Residual Capacity: 954,000 gpd a t� Existing Forcemain scHoo<e� 7 1z inch PVC @ 0.19% = Existing Gravity Main PEBBLEBROOK DR MA As -Built: $ 144 Diameter .z. ...-<. G. .n � Max. Capacity: 1,083,000 gpd Existing Peak Hourly Flow: 199,000 gpd t 3 ♦�♦ ?� Unknown ♦�r / T o Residual Capacity: 884,000 gpd ! i c .STAR CH �YENNE. tiw z MN ZI _8n U +' % r r 15" DIAMOND DR •z �Q-0 z(, QT R (--------------------------- - ; _-----------------�- - -- ---- ; _18" 12 -inch PVC @ 0.16%20" / � As -Built: S 140 ,.Y� _ �.•�.-._--• - w "Z. Max. Capacity: 993,000 gpd ->a Q _21" 12 -inch PVC @ 0.19% } Existing Peak Hourly Flow: 199,000 gpd ? a w As -Built S 105 1Y Residual Capacity: 794,000 gpd rz _ 24" w Max. Capacity: 1,083,000 gpd ` w `L l�•w°, >> Existing Peak Hourly Flow: 391,000 gpd w 12 -inch PVC 0.14% g0.13%. 10 -inch PVC @ 30" z Residual CapacitY 692,000 gpd As -Built S 2 8 rc As -Built: S 206 i d -36 oCapacity: 929,000 gpd �� Max. Capacity: 551,000 gpd , Existing Peak Hourly Flow: 47,000 gpd Existing Peak Hourly Flow: 104,000 gpd I 42" /` o Residual Ca acit ' 882 000 d I Residual Capacity: 447,000 gpd y p Y• gp z. I - oEE, SE ewer Study Area ,ol City Boundary Annexation Boundary Township Boundary --------- �l gal w 0 National Wetland Inventory Developable Land Commercial/Industrial ' i , • L--------- Institutional Low Density Residential Ct CITY OF Figure 2 - Existing Sanitary Sewer Capacity N ".,*AMont1Cell0 11 Southeast Sewer Tech Memo � 0 1,000 7 WS 1: City of Monticello, MN Feet 1 inch = 1,000 feet �� IIIIIIIII 18 -inch RCP @ 0.13% (CONFIRM) 70ft As -Built: S 12 Max. Capacity: 2,640,000 gpd Existing Peak Hourly Flow:1,229,000 gpd 10 -Year Peak Hourly Flow: 2,523,000 gpd 10 -Year Residual Capacity: 117,000 gpd Equivalent Residential Units: 195 units co p7HF 4 To IfU ► ice: ( F{ 12 -inch PVC @ 0.16% 50ft As-Built: S 140 Max. Capacity: 993,000 gpd Existing Peak Hourly Flow: 199,000 gpd 10 -Year Peak Hourly Flow: 963,000 gpd 10 -Year Residual Capacity: 30,000 gpd Equivalent Residential Units: 44 units . I I L----------------------------. Featherstone 209 Residential Units 60 Industrial Acres r'' p� Hunter's Crossing 166 Residential Units South of Hunter's Crossing 39 Residential Units 5 Institutional Acres Denn Property 355 Residential Units �( CITY OF Figure 3 - 10 -Year Growth Area MOnt1CeRo Southeast Sewer Tech Memo City of Monticello, MN U, C1 Monticello WWTP 10 -Year Growth Area PCyF<S<c TF 94 q 4 10 -inch PVC @ 0.27% RO As -Built: S 62 __. Diameter Max. Capacity: 794,000 gpd w e _ Existing Peak Hourly Flow: 81,000 gpd z e`! 10 -Year Peak Hourly Flow: 81,000 gpd rW a 10 -Year Residual Capacity: 713,000 gpd 12„ Equivalent Residential Units: 979 units z _ Y - Institutional u 15 -in ch PVC @ 0.09%240ft _ 18 As -Built: S 141 . 20:. Max. Capacity: 1,351,000 gpd X21" Existing Peak Hourly Flow: 397,000 gpd 24" 10 -Year Peak Hourly Flow: 1,394,000 gpd ��•� 10 -Year Residual Capacity: -43,000 gpd 36" Northwest of Kjellberg's• 1 42" 142 Residential Units ; �� IIIIIIIII 18 -inch RCP @ 0.13% (CONFIRM) 70ft As -Built: S 12 Max. Capacity: 2,640,000 gpd Existing Peak Hourly Flow:1,229,000 gpd 10 -Year Peak Hourly Flow: 2,523,000 gpd 10 -Year Residual Capacity: 117,000 gpd Equivalent Residential Units: 195 units co p7HF 4 To IfU ► ice: ( F{ 12 -inch PVC @ 0.16% 50ft As-Built: S 140 Max. Capacity: 993,000 gpd Existing Peak Hourly Flow: 199,000 gpd 10 -Year Peak Hourly Flow: 963,000 gpd 10 -Year Residual Capacity: 30,000 gpd Equivalent Residential Units: 44 units . I I L----------------------------. Featherstone 209 Residential Units 60 Industrial Acres r'' p� Hunter's Crossing 166 Residential Units South of Hunter's Crossing 39 Residential Units 5 Institutional Acres Denn Property 355 Residential Units �( CITY OF Figure 3 - 10 -Year Growth Area MOnt1CeRo Southeast Sewer Tech Memo City of Monticello, MN U, C1 Monticello WWTP Existing Lift Station 10 -Year Growth Area PCyF<S<c TF 94 q 4 10 -inch PVC @ 0.27% RO As -Built: S 62 __. Diameter Max. Capacity: 794,000 gpd w e _ Existing Peak Hourly Flow: 81,000 gpd z e`! 10 -Year Peak Hourly Flow: 81,000 gpd rW a 10 -Year Residual Capacity: 713,000 gpd 12„ Equivalent Residential Units: 979 units z _ Y - Institutional u 15 -in ch PVC @ 0.09%240ft _ 18 As -Built: S 141 . 20:. Max. Capacity: 1,351,000 gpd X21" Existing Peak Hourly Flow: 397,000 gpd 24" 10 -Year Peak Hourly Flow: 1,394,000 gpd ��•� 10 -Year Residual Capacity: -43,000 gpd 36" Eauivalent Residential Units: -67 units Existing Lift Station 10 -Year Growth Area Existing Forcemain Haven Ridge Development Existing Gravity Main Not Serviceable by Existing Gravity Network __. Diameter j—_, City Boundary Unknown E_3 Annexation Boundary 8" ED Township Boundary 10" National Wetland Inventory 12„ Use rrLand'. Commercial/Industrial 15" - Institutional 16" Q Low Density Residential _ 18 Q Low Density Residential, Meadow Oak LS . 20:. X21" 24" 30" 36" 42" Proposed Gravity Main Diameter . . 8" 10" -'(00110 -inch PVC @ 0.13%205ft E. As -Built: S 206 Max. Capacity: 551,000 gpd Existing Peak Hourly Flow: 104,000 gpd 10 -Year Peak Hourly Flow: 516,000 gpd — 10 -Year Residual Capacity: 35,000 gpd Equivalent Residential Units: 50 units E CO) 011111 / South of Cardinal Hills Southeast of Cardinal Hills 314 Residential Units 1171 Residential Units , ® 4 ! South of Denn 173 Residential Units ® Q it it ------------- \\------ 1 4. \ A `1 F N A 0 2,000 ws b, Feet 1 inch = 2,000 feet o Existing Forcemain ® Proposed Lift Station Q Proposed Sewer Districts Existing Lift Station Proposed Forcemain Haven Ridge Development Exis:ing Gravity Main Proposed Gravity Main ' City Boundarys 9r t RIr �_---�,� lame er Diameter Annexation Boundary s ®EW Unknown ■ ■ 8' Township Boundary s: D• �8" 10 National Wetland Inventory 10" Developable Land Use c r 12 Commercial/Industrial 9q p AD 12" r w li,� �S ■ ■ 15" Institutional ilk i t Z _ s ij y 15" ■ ■ Low Density Residential .4 16" A m v -18" v r $$E 1 i I SCHOOL BLVD Q ® 20" 1111111 111111127" I r----"I LL X21" ■ ■ 36, 24" 30" -- SE 11 2, z ZI SE 7 ! 42" o Lu �` I co SSE 12 SE 3 ¢1 - Z ° N ow 0 SE ° 0 Critical Path . • Lowest Local Ground Elevation 988 feet - (Ch0S3 I > 41 F n �---I ... _. � �� L 0 ° " [pYh3 21 15 ° o 1 • ILL"y oak" is 18 SE „ • SE 41F • ------------------ co R ---------------- _ I • - w� • s r 9V r mom ti q� 4 `-"`ice • • I _ F. ,.r Yr �• - r 1=11�LP� ry SE 9 r^ . ® _ SE $ - cal Ground Elevation _ owes -+- � -�;-' � `1 `' � '' • � i 911` �� 984 feetL �� -.,. �{y7_ ---------------- ,. 1 r� CITY OF 11 Figure 4 - Fallon Ave Trunk (Option 1) N �,`�► Mont1Cell0 Southeast Sewer Tech Memo 0 2,500 Feet WS 1:7 City of Monticello, MN 1 inch = 2,500 feet 0 0 n ® Existing Lift Station ® Proposed Lift Station Proposed Sewer Districts 3 r=r Existing Forcemain Proposed Forcemain City Boundary Existing Gravity Main Proposed Air/Vacuum ValveAnnexation Boundary Diameter Proposed Gravity Main NTownship Boundary s Unknown Diameter National Wetland Inventory 8„ 0 $„ Developable Land Use o s �.� TFRsSj;� y" CO f94 Tp 10..— - 10„ Commercial/Industrial I L ' SE 0 z T'qT `� �•,�, ,.Rp VN�►� Institutional w 9q , pG Ap �g 12" 12" Low Density Residential 1 N —15° 15-18" 18„ �S - .. :•r _ c :,'� �:-- I OOL BLVD u. ® 20" 21" �- 1 SCH 11111111 27�- � 2436" 30•— -- --a � �---� � 10,E ^ — ---► — - , — — X36" Q SE 11 / Z 1;l SE 7 I 42° ' I ! SSE 12i. [ _ iii zl 1 ------------ / I ---- --- --- # E7 � i � 21" • - 151 _. SE 4 SE 6 MWEM ji h. ti - a f .r - q o O� I 1 1, i,. j SE8f o JAP - r a o i► ' ,I �Nr r� CITY OF 11 Figure 5 - Pioneer Park Regional Lift Station (Option 2) N �,`�► Mont1Cell0 Southeast Sewer Tech Memo 0 2,5 Feet AWSb City of Monticello, MN 1 inch = 2,500 feet - -- o n ® Existing Lift Station ® Proposed Lift Station Proposed Sewer Districts ® Existing Forcemain Proposed Forcemain City Boundary Existing Gravity Main t9 Proposed Air/Vacuum ValveAnnexation Boundary Diameter Proposed Gravity Main NTownship Boundary s • Unknown Diameter National Wetland Inventory _ a 011 t ,,{,,. , Kp �7H.. _ iT wg g.. $„ Developable Land Use o CO f94 TO 10" 10.. Commercial/Industrial ci T'qT �•,�, ,.Rp VN�►� Institutional 1 t12 Low Density Residential N 'Y C 18 ----%�.�'-18 „ 'r, _ SCHOOL BLVD ® 20" 21 X21" 27" r � 24" 36" 130.. N Cn k' V � 36" SE 11 Z,l :SE 7.. 42"co o I- SSE 12 i SE 3 a' Lu .y! a SE 7UI I +s _- -SE 4 SE Aw� T11 F � 5, h. ti - a f 771 .r -xr �P 01. ® " 15 9 E < ,. - a lb. ® t ^2 L SE 8 :o o� ---------------. r� CITY OF 11 Figure 6 - Hunters Crossing Park Regional Lift Station (Option 3) N ".,*AMont1Cell0 Southeast Sewer Tech Memo � 0 2,500 WS WSb City of Monticello, MN 1 inch = 2,500 feet Matt Leonard June 27, 2019 Page 11 COST ESTIMATES KA011770-000\Admin\Docs\MEMO SE Sanitary Sewer Analysis.docx Schedule A - Surface Improvements - Fallon Avenue (Chelsea to Fallon Dr) Item Item Description Units Quantity Unit Price Total Price No. 1 2021.501 MOBILIZATION LUMP SUM 1 $70,361.42 $70,361.42 2 2104.501 REMOVE PIPE CULVERTS LIN FT 300 $12.00 $3,600.00 3 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 550 $4.00 $2,200.00 4 2104.509 REMOVE PIPE APRON EACH 1 $350.00 $350.00 5 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 350 $3.50 $1,225.00 6 2104.523 SALVAGE CASTING EACH 1 $100.00 $100.00 7 2105.501 COMMON EXCAVATION CU YD 7907 $15.00 $118,600.00 8 2105.523 COMMON BORROW CU YD 1925 $18.00 $34,650.00 9 2112.501 SUBGRADE PREPARATION ROAD STA 35 $100.00 $3,500.00 10 2211.501 AGGREGATE BASE CLASS 5 TON 9190 $17.00 $156,233.43 11 2215.501 FULL DEPTH RECLAMATION SQ YD 9611 $4.00 $38,444.44 12 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 3370 $1.00 $3,369.91 13 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TON 1387 $75.00 $104,041.22 14 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C) TON 3699 $65.00 $240,450.82 15 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 3.0" THICK SQ YD 3844 $23.00 $88,422.22 16 2503.511 15" RC PIPE SEWER LIN FT 1100 $40.00 $44,000.00 17 2503.511 18" RC PIPE SEWER LIN FT 860 $45.00 $38,700.00 18 2503.511 21" RC PIPE SEWER LIN FT 200 $55.00 $11,000.00 19 2503.511 27" RC PIPE SEWER LIN FT 450 $65.00 $29,250.00 20 2503.511 30" RC PIPE SEWER LIN FT 250 $75.00 $18,750.00 21 2503.511 33" RC PIPE SEWER LIN FT 650 $85.00 $55,250.00 22 2503.511 36" RC PIPE SEWER LIN FT 450 $95.00 $42,750.00 23 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $2,000.00 $2,000.00 24 2504.602 ADJUST VALVE BOX EACH 2 $500.00 $1,000.00 25 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EACH 22 $1,500.00 $33,000.00 26 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 78 $500.00 $39,000.00 27 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT 30 $600.00 $18,000.00 28 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LIN FT 32 $800.00 $25,600.00 29 2506.516 CASTING ASSEMBLY EACH 22 $550.00 $12,100.00 30 2506.602 ADJUST FRAME AND RING CASTING EACH 2 $350.00 $700.00 31 2506.602 CONNECT TO EXISTING STRUCTURE EACH 1 $1,000.00 $1,000.00 32 2521.501 6" CONCRETE WALK SQ FT 300 $12.00 $3,600.00 33 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 6920 $17.00 $117,640.00 34 2531.618 7" CONCRETE DRIVEWAY PAVEMENT SQ YD 550 $58.00 $31,900.00 35 2531.618 TRUNCATED DOMES SQ FT 48 $56.00 $2,688.00 36 2563.601 TRAFFIC CONTROL LUMP SUM 1 $8,000.00 $8,000.00 37 2575.505 SODDING TYPE LAWN SQ YD 11533 $5.50 $63,433.33 38 2582.502 4" BROKEN LINE EPDXY LIN FT 3460 $1.00 $3,460.00 39 2582.502 24" SOLID LINE EPDXY LIN FT 350 $8.00 $2,800.00 40 2582.502 4" DOUBLE SOLID LINE EPDXY (YELLOW) LIN FT 6420 $1.00 $6,420.00 CONSTRUCTION TOTAL $1,477,590.00 CONTINGENCY 10% $147,759.00 SUB-TOTAL $1,625,349.00 INDIRECT COSTS 22% $357,577.00 TOTAL - SURFACE IMPROVEMENTS $1,982,926.00 Schedule A - Surface Improvements - Fallon Avenue (Fallon Dr to 85th Avenue) Item Item Description Units Quantity Unit Price Total Price No. 1 2021.501 MOBILIZATION LUMP SUM 1 $61,529.26 $61,529.26 2 2104.501 REMOVE PIPE CULVERTS LIN FT 300 $12.00 $3,600.00 3 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 400 $4.00 $1,600.00 4 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 300 $3.50 $1,050.00 5 2104.523 SALVAGE CASTING EACH 1 $100.00 $100.00 6 2105.501 COMMON EXCAVATION CU YD 6750 $15.00 $101,250.00 7 2105.523 COMMON BORROW CU YD 1870 $18.00 $33,660.00 8 2112.501 SUBGRADE PREPARATION ROAD STA 34 $100.00 $3,400.00 9 2211.501 AGGREGATE BASE CLASS 5 TON 5800 $17.00 $98,602.76 10 2215.501 FULL DEPTH RECLAMATION SQ YD 9375 $4.00 $37,500.00 11 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 2723 $1.00 $2,722.50 12 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TON 1121 $75.00 $84,053.32 13 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C) TON 2989 $65.00 $194,256.56 14 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 3.0" THICK SQ YD 5100 $23.00 $117,300.00 15 2503.511 15" RC PIPE SEWER LIN FT 1290 $40.00 $51,600.00 16 2503.511 18" RC PIPE SEWER LIN FT 1188 $45.00 $53,460.00 17 2503.511 21" RC PIPE SEWER LIN FT 550 $55.00 $30,250.00 18 2503.511 27" RC PIPE SEWER LIN FT 450 $65.00 $29,250.00 19 2503.511 30" RC PIPE SEWER LIN FT 450 $75.00 $33,750.00 20 2504.602 ADJUST VALVE BOX EACH 1 $500.00 $500.00 21 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EACH 23 $1,500.00 $34,500.00 22 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 60 $500.00 $30,000.00 23 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT 94 $600.00 $56,400.00 24 2506.516 CASTING ASSEMBLY EACH 23 $550.00 $12,650.00 25 2506.602 ADJUST FRAME AND RING CASTING EACH 2 $350.00 $700.00 26 2521.501 6" CONCRETE WALK SQ FT 500 $9.50 $4,750.00 27 2531.501 CONCRETE CURB AND GUTTER DESIGN 8618 LIN FT 6750 $17.00 $114,750.00 28 2531.618 7" CONCRETE DRIVEWAY PAVEMENT SQ YD 400 $58.00 $23,200.00 29 2531.618 TRUNCATED DOMES SQ FT 80 $56.00 $4,480.00 30 2563.601 TRAFFIC CONTROL LUMP SUM 1 $6,000.00 $6,000.00 31 2575.505 SODDING TYPE LAWN SQ YD 11250 $5.50 $61,875.00 32 2582.502 4" DOUBLE SOLID LINE EPDXY (YELLOW) LIN FT 3375 $1.00 $3,375.00 CONSTRUCTION TOTAL $1,292,110.00 CONTINGENCY 10% $129,211.00 SUB -TOTAL $1,421,321.00 INDIRECT COSTS 22% $312,691.00 TOTAL - SURFACE IMPROVEMENTS $1,734,012.00 GRAND TOTAL FALLON AVENUE SURFACE IMPROVEMENTS $3,716,938.00 ROUNDED TOTAL $3,800,000.00 Schedule B - Sanitary Sewer Improvements - Fallon Avenue Gravity Trunk (Chelsea to 85th) Item No. Item Description UnitsQuantity Unit Price Total Price 1 2021.501 MOBILIZATION REMOVE WATERMAIN LUMP SUM 1 $173,721.25 $173,721.25 2 2104.501 LIN FT 3890 $20.00 $77,800.00 3 2104.501 REMOVE SEWER PIPE (SANITARY) LIN FT 3120 $25.00 $78,000.00 4 2104.502 REMOVE MANHOLE (SANITARY) EACH 12 $1,000.00 $12,000.00 5 2105.601 DEWATERING LUMP SUM 1 $430,000.00 $430,000.00 6 2501.511 36" CCFRPM PIPE SEWER LIN FT 6300 $330.00 $2,079,000.00 7 2503.601 SANITARY SEWER BYPASS PUMPING LUMP SUM 1 $12,000.00 $12,000.00 8 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $2,000.00 $2,000.00 9 2503.603 48" STEEL CASING PIPE (JACKED) LIN FT 280 $700.00 $196,000.00 10 2503.603 TELEVISE SANITARY SEWER LIN FT 6300 $1.50 $9,450.00 11 2504.601 TEMPORARY WATER SERVICE LUMP SUM 5 $1,000.00 $5,000.00 12 2504.602 RELOCATE HYDRANT AND VALVE EACH 6 $1,750.00 $10,500.00 13 2504.603 INSTALL WATERMAIN LIN FT 3890 $60.00 $233,400.00 14 2506.516 CASTING ASSEMBLY (SANITARY) EACH 16 $650.00 $10,400.00 15 2506.601 CONST 48" DIA SAN MH LIN FT 480 $325.00 $156,000.00 16 2506.601 CONST 60" DIA SAN MH LIN FT 160 $500.00 $80,000.00 17 2506.603 CONSTRUCT 8" OUTSIDE DROP LIN FT 75 $605.00 $45,375.00 18 2506.603 ICONSTRUCT 10" OUTSIDE DROP LIN FT 25 $1,500.00 $37,500.00 CONSTRUCTION TOTAL $3,648,150.00 CONTINGENCY 10% SUB -TOTAL $364,815.00 $4,012,965.00 INDIRECT COSTS 22% $882,852.30 TOTAL - SANITARY SEWER IMPROVEMENTS $4,895,817.30 K:\011770-000\Water - Wastewater\Costs\Cost Comparison REV SKB_BFB_061218 10/22/2019 Schedule C - Sanitary Sewer Improvements - Pioneer Park Lift Station Item No. Item Description Units Quantity Unit Price Total Price 1 2021.501 MOBILIZATION DEWATERING LUMP SUM 1 $163,302.50 $163,302.50 2 2105.601 LUMP SUM 1 $220,000.00 $220,000.00 3 2501.511 36" CCFRPM PIPE SEWER LIN FT 3100 $330.00 $1,023,000.00 4 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 2 $2,000.00 $4,000.00 5 2503.602 AIR/VACUUM VALVE MANHOLE EACH 1 $25,000.00 $25,000.00 6 2503.603 8" DR 11 HDPE FORCEMAIN (DIRECTIONALLY DRILLED) LIN FT 3200 $53.00 $169,600.00 7 2503.603 16" DR 11 HDPE FORCEMAIN (DIRECTIONALLY DRILLED) LIN FT 3200 $215.00 $688,000.00 8 2503.603 16" STEEL CASING PIPE (JACKED) LIN FT 280 $375.00 $105,000.00 9 2503.603 24" STEEL CASING PIPE (JACKED) LIN FT 280 $400.00 $112,000.00 10 2503.603 TELEVISE SANITARY SEWER LIN FT 3100 $1.50 $4,650.00 11 2506.516 CASTING ASSEMBLY (SANITARY) EACH 7 $650.00 $4,550.00 12 2506.601 SANITARY SEWER LIFT STATION* (see breakdown below) LUMP SUM 1 $807,000.00 $807,000.00 13 2506.601 CONST 48" DIA SAN MH LIN FT 210 $325.00 $68,250.00 14 2506.601 CONST 60" DIA SAN MH LIN FT 70 $500.00 $35,000.00 CONSTRUCTION TOTAL CONTINGENCY 10% SUBJOTAL777 INDIRECT COSTS 22% TOTAL - SANITARY SEWER IMPROVEMENTS $3,429,350.00 $342,935.00 $3,772,285.00 $829,902.70 $4,602,187.70 K:\011770-000\Water - Wastewater\Costs\Cost Comparison REV SKB_BFB_061218 10/22/2019 Schedule D - Sanitary Sewer Improvements - Hunters Crossing Lift Station Item No. Item Description Units Quantity Unit Price Total Price 1 2021.501 MOBILIZATION DEWATERING LUMP SUM 1 $143,970.00 $143,970.00 2 2105.601 LUMP SUM 1 $80,000.00 $80,000.00 3 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 2 $2,000.00 $4,000.00 4 2503.602 AIR/VACUUM VALVE MANHOLE EACH 2 $25,000.00 $50,000.00 4 2503.603 8" DR 11 HDPE FORCEMAIN (DIRECTIONALLY DRILLED) LIN FT 6300 $53.00 $333,900.00 5 2503.603 16" DR 11 HDPE FORCEMAIN (DIRECTIONALLY DRILLED) LIN FT 6300 $215.00 $1,354,500.00 6 2503.603 16" STEEL CASING PIPE (JACKED) LIN FT 280 $375.00 $105,000.00 7 2503.603 24" STEEL CASING PIPE (JACKED) LIN FT 280 $400.00 $112,000.00 8 2506.601 SANITARY SEWER LIFT STATION` (see breakdown below) LUMP SUM 1 $840,000.00 $840,000.00 CONSTRUCTION TOTAL CONTINGENCY 10% SUB -TOTAL INDIRECT COSTS 22% TOTAL - SANITARY SEWER IMPROVEMENTS $3,023,370.00 $302,337.00 $3,325,707.00 $731,655.54 $4,057,362.54 K:\011770-000\Water - Wastewater\Costs\Cost Comparison REV SKB_BFB_061218 10/22/2019 GROWTH STRATEGY MAP City Council Agenda: 07/12/2021 4A. Consideration of authorizing a payment to the Coalition of Utility Cities (CUC) for Monticello's share of the 2021-2022 membership dues in the amount of 545.961 Prepared by: Meeting Date: ® Regular Agenda Item Finance Director 07/12/2021 ❑ Consent Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to authorize the finance department to send payment for CUC dues. REFERENCE AND BACKGROUND The Coalition of Utility Cities (CUC) is comprised of communities that host nuclear and coal generation facilities. By combining resources, the host communities maintain a coordinated, unified voice at the State Legislature on issues of common concern. For example, the CUC lobbied for additional support for planning to prepare for the eventual decommissioning of the plants, and the 2020 Community Energy Transitions (CET) grant was created through state legislation. No utility city would have been able to bring about such a program on its own. The 2021-2022 dues amounts were discussed during the annual meeting on June 17, 2021, and the group approved an annual budget increase of $50,000. Monticello's share of the dues will increase by $13,616, which is the 2021 unbudgeted amount noted in the Budget Impact. The allocation of dues includes a base fee split evenly among the 8 participating cities with the remainder of the allocation split based on the power plant market value in each jurisdiction. While the dues increase is greater than a typical year, the CUC overspent its 2020-2021 budget by around $25,000. CUC reserve balances were used to fund the additional spending, and Flaherty & Hood graciously waived some of their fees to continue the critical work they are doing on the CUC's behalf. The pace of the Coalition's work is not anticipated to decline anytime soon, rather the group seeks to build on recent successes with additional efforts to benefit host communities. The scope of work and policy positions for the upcoming year are attached, and staff recommends approving the membership and dues renewal so Monticello can continue to contribute and benefit from this ongoing work. I. Budget Impact: $45,961 from the administration department in the General Fund. The 2021 budgeted amount was $32,345, so the additional $13,616 will come from other expenditures under budget. City Council Agenda: 07/12/2021 II. Staff Impact: Periodic, scheduled meetings occur at least three times per year, attended by the City Administrator and/or her designee. Additional meetings are scheduled as needed to update the group on legislative action or other information. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends authorizing a payment to the Coalition of Utility Cities for Monticello's share of the 2021-2022 membership dues in the amount of $45,961. SUPPORTING DATA A. Coalition of Utility Cities Invoice B. 2021-22 CUC Proposed Scope of Work C. 2021-22 CUC Policy Positions City of RE BILL TO CITY MANAGER/ADMINISTRATOR CITY OF MONTICELLO 505 WALNUT ST #1 MONTICELLO, MN 55362 C� 1 u ua 2021 ATE INVOICE NO 61412021 0066766 DESCRIPTION I QUANTITY I EFFECTIVE RATE I AMOUNT I DISCOUNT I CREDIT PREVIOUS OUTSTANDING BALANCE 2021 DUES - 2021 COALITION OF UTILITY CITIES DUES: COALITION OF UTILITY 1.00 CITIES -DUES 2021 45,961.00 45,961.00 INVOICE TOTAL: 45,961.00 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT For questions please contact us at (651) 385-3600 Customer Name: CITY MANAGER/ADMINISTRATOR CITY OF MONTICELLO Customer No: 012498 Account No: 0000999 - Coalition of Utility Cities Dues Please remit payment by the due date to: City of Red Wing 315 West 4th Street Red Wing, MN 55066 0.00 0.00 0.00 0.00 DUE DATE 7/24/2021 BALANCE 0.00 45,961.00 45;961.00 DUE DATE INVOICE NO 712412021 0066766 In�MI RIRIf�1Y��ffIMlA�II Invoice Total: 45,961.00 Discounts: 0.00 Credit Applied: 0.00 Ending Balance: 45,961,00 INVOICE BALANCE: $45,961.00 AMOUNT PAID: Becker • Cohasset • Granite Falls • Fergus Falls • Hoyt Lakes • Monticello • Oak Park Heights • Red Wing Proposed 2021-22 CUC Scope of Work Revised June 7, 2021 The following considerations will impact the scope of work and budgetary needs for the Coalition of Utility Cities during the period of July 1, 2021 – June 30, 2022. Creating and Engaging with the Energy Transition Office • Information released this week by the legislature confirms that they are poised to pass CUC's top 2021 legislative priority—the creation of a dedicated staff at DEED to assist host communities and workers, as well as the creation of a state transition plan. • The creation of the office is a huge step forward in the state's ability to support our communities, but CUC will need to be heavily engaged in the early stages of the office's creation to help shape its recommendations and ensure our communities receive the type of support they need. Legislative Advocacy and Policy Development • Property Tax Base Replacement o Developing and advocating for property tax replacement programs through transition aid, existing state aid programs, or other similar mechanisms is an issue that CUC has studied and worked on in recent years. With more plants headed for retirement, focusing on this work as a top legislative priority is a logical next step for CUC. o During the Spring of 2021, CUC already worked with the Department of Revenue and Senate non-partisan staff to develop bill language to encompass plant retirement transition aid and LGA scenarios. Additional research and legislator engagement are needed, but we are well-positioned to enter the 2022 session with bills ready to introduce that would give legislators a menu of options to support the tax base in our communities. • Local Government Aid o House and Senate Tax Chairs from both the DFL and GOP have indicated a desire to revisit the state's Local Government Aid ("LGA") formula during this interim, and potentially during the 2022 legislative session. LGA will be a key component of replacing the local property tax base for host communities with retiring plants, so CUC would benefit greatly from working to influence this discussion. • CET Grants o The Community Energy Transition Grant Program created in 2020 will remain a useful tool going forward, but CUC will need to advocate for additional funding for the program, as well as policy changes need to make the program more usable by all communities. 0 State Assessed Property Issues o The state assessed property issues that were once the primary focus of CUC's work have taken a backseat to plant retirement discussions, but there are still significant issues that CUC should engage with. o Tax court appeals by Enbridge and CenterPoint Energy have once again thrust the appeals process to front of mind for legislators. Legislation to reform this process or place the burden of paying for appeals on the State is expected to be considered during the 2022 session. o Moreover, we expect Xcel Energy to advance legislation to modify how its solar assets are taxed, resulting in potential ripple effects on the valuation of plants. CUC will need to understand and respond to these proposals at the legislature. Intezrated Resource Planniniz/PUC Enzazement Both Xcel Energy and Minnesota Power are currently engaged in Integrated Resource Planning processes before the PUC. The rest of 2021 will bring key stages of each process. For Xcel, this includes reply comment deadline, the filing of significant additional information by the company, in-person hearings and proceedings, and—potentially—the PUC's final order on the IRP. For Minnesota Power, this year will bring several comment periods and additional opportunities for input. Major decisions in each of the plans remain unresolved, including factors that will impact CUC communities, such as retirement timelines, replacement resources, and any host community support that can be authorized directly by the PUC. Non-Lezisladve Plant Transition and Community Emm-ement Work Midwestern Governor's Association o Governor Walz's focus on host communities through his Chairmanship of the Midwestern Governor's Association will continue through the remainder of 2021. CUC has played an active role in supporting this work and should continue to engage and help shape the group's recommendations through the fall of 2021. Other opportunities o In recent years, the CUC has become recognized as an authority on the subject of power plant transitions, leading to our engagement in numerous stakeholder and information sharing processes. In turn, these opportunities have both deepened and broadened CUC's relationships with numerous stakeholders, bolstering our legislative efforts. Where these opportunities arise, CUC should continue to engage in them. Communications and Member Services Throughout the year, CUC seeks to communicate key updates and provide support to member communities on our issues. These activities include, but are not limited to: Coordinating media activity related to proposals to support host communities, including, but not limited to, press releases and statements, guest columns, and meetings with media. Draft regular updates for member cities on results of monitoring and advocacy work. Visiting member cities/council update presentations. • Arrange pre -session and annual meetings. Arrange other meetings and teleconferences on as - needed basis. • Providing support to member communities with questions about legislative or administrative processes. • Providing research services to communities with questions impacting local tax base. • As needed to support CUC's priorities, coordinating with other counties, school districts, and other stakeholders regarding power plant transition issues. Becker • Cohasset • Granite Falls • Fergus Falls • Hoyt Lakes • Monticello • Oak Park Heights • Red Wing 2021-22 Policy Positions The Coalition of Utility Cities supports the development of a comprehensive package of local and state resources to support cities that host retiring or transitioning power plants. This package may include, but is not limited to, the creation of new state aid programs for host communities, the modification of existing state aid programs to reflect the unique needs of host communities, and additional economic development programs available specifically to host communities. 2. The Coalition of Utility Cities supports the creation and funding of the Energy Transition Office and Energy Transition Plan to provide coordinated, ongoing support to host communities and workers as they prepare for and weather the impacts of plant retirements. The Coalition of 464ilit. Cities s,,,.pe fes the pfepafatien of a state plan to address the Wag tefm needs of Host Utility Cities upon the elesufe of all or- part of an eleetr-ie gener-4ian faeility. As a result of the significant socio-economic impacts the retirement of electric generating plants will have on host cities, the Coalition of Utility Cities supports the Community Energy Transition Grant Program, created by the 2020 legislature. The Coalition supports substantial, ongoing funding for this program and eligibility criteria that make the program available to all host communities regardless of their location in the state or the utility owns that plant. 4. Tax cuts to utilities have gone too far in shifting the property tax burden in host communities onto homeowners and other property taxpayers. The Coalition of Utility Cities opposes any legislative attempt to give investor-owned utilities more property tax relief at the expense of host communities and supports phasing out personal and real property tax exemptions for electric generation facilities and equipment. 5. The Coalition of Utility Cities supports continuation of the personal property tax on replacement equipment at all electric generation facilities that currently pay the personal property tax or a tax system which generates equal or greater revenue for host cities. 6. Successful administrative and tax court challenges by utility companies of the valuation of state assessed property can have significant disruptive impacts on local government budgets and can result in costly obligations on the part of local governments, despite those local governments playing no part in the assessment, valuation, nor litigation of the property's value. The Coalition of Utility Cities supports procedural reforms designed to protect local governments in the event of such challenges, as well as legislation to increase the transparency of the state assessed valuation process to local governments. Moreover, The Coalition of Utility Cities supports legislation that would require the state to bear the costs of successful tax court challenges by utility companies. For consideration by the Coalition of Utility Cities membership on June 17, 2021 7. Conditional support of the "electric generation tax base" proposal, first proposed in 2015 as SF 1636 (Skoe, DFL, Clearbrook) and introduced in 2017 as HF 1985 (Davids, R, Preston), which replaces the personal property tax on electric generation equipment and its exclusions and exemptions with a valuation based on generation capacity, production rate and nuclear fuel storage. This support is conditioned on the inclusion of state transition aid for cities which lose tax base as a result of the change in the law and on the inclusion of an adjustment factor to the electric generation tax base which reflects the increased value of electric generation over time. 8. The Coalition of Utility Cities supports the inclusion of intangible costs (environmental impacts, etc) and opportunity costs (safety, economic development, etc) imposed on host cities in any analysis by the Department of Revenue and legislators in assessing appropriate property tax compensation provided by electric generation facilities. 9. Incentives for environmental improvements should not reduce the tax base of host communities. The costs of these improvements should be shared by all Minnesotans because all Minnesotans benefit from these improvements. The Coalition of Utility Cities supports narrowing or eliminating the pollution control equipment exemption and the limitation of the sliding scale exclusion for coal plants under 75 mw undergoing conversion (as passed by the 2014 Legislature) 10. In 2008, the omnibus tax bill provided host cities replacement aid to offset the significant reduction in tax revenue suffered by host cities as a result of the Department of Revenue's (MDOR) new utility valuation rules. The Coalition of Utility Cities opposes any statutory changes to the Utility Valuation Transition Aid program or any unallotment, reduction or delay in payments of this aid unless it is replaced by equal or greater revenue to host cities. If the replacement aid is reduced to balance the budget, it is the position of the Coalition that the class rate on electric generation property should be increased to offset the loss of aid. 11. The Coalition of Utility Cities supports legislation to significantly increase the audit and compliance resources of the MDOR's property tax division. 12. The Coalition of Utility Cities recognizes that the energy landscape is evolving and supports efforts to protect the tax base and local economy of communities that have historically hosted baseload power plants as our state transitions toward renewable energy sources. 13. Coal-fired generation facilities rely on timely deliveries to maintain inventory stockpiles. Host cities have additional public safety and traffic concerns with rail blockages. Accordingly, the Coalition of Utility Cities supports efforts to improve freight rail operations and capacity in Minnesota. 14. The Coalition of Utility Cities supports legislative changes to state laws regulating municipal consent on siting of alternative energy facilities within 2 miles of municipal boundaries or an otherwise designated joint planning area. For consideration by the Coalition of Utility Cities membership on June 17, 2021 City Council Agenda: 07/12/2021 4B. Consideration of approving amendment to community solar garden subscription agreements with Novel Solar Two LLC, a Minnesota limited liability company Prepared by: Meeting Date: ® Regular Agenda Item Finance Director 07/12/2021 ❑ Consent Agenda Item Reviewed by: Approved by: C/A City Administrator ACTION REQUESTED Motion to approve amendment to community solar garden subscription agreements with Novel Solar Two LLC, a Minnesota limited liability company. PRIOR COUNCIL ACTION June 10, 2019 — Consideration of approving amendment to community solar garden subscription agreements, assignment of community solar garden subscription agreements from MN Community LLC (f/k/a NRG MN Community LLC) a Delaware limited liability company ("Assignor"), to Novel Energy Solutions L.L.C., a Minnesota limited liability company ("Assignee"), and then from Novel Energy Solutions L.L.C. ("Assignor") to Novel Solar Two LLC ("Assignee"), a Minnesota limited liability company, and execution of the estoppel certificate. REFERENCE AND BACKGROUND Community solar programs allow municipal, commercial, and residential consumers to receive the benefits from solar project without installing solar panels on their own property. The power generated from a solar garden is put on the same grid of distribution lines as the power generated by other means. The City has five solar garden subscriptions with Novel Solar Two, LLC (Novel). Under the existing agreement, the City pays Novel $0.119/kilowatt-hour (kWh) produced. The City then receives a credit on its Xcel Energy bills at the effective bill credit rate, which is currently $.1277 and is adjusted annually. A solar investor is limited to 40% of any solar farm's estimated site production and can invest in any number of solar farms. However, a solar investor cannot invest in more than 120% of its usage in its overall solar investment portfolio. The original agreements allocate 3,426,084 kWh of production to Monticello over the five subscriptions, which will provide about $30,000 of return on investment in 2021. However, the City can invest in up to 5,376,647 kWh. Approving the proposed amendments, on subscriptions number 1 and 4, will increase the City's allocation to 4,212,866. City Council Agenda: 07/12/2021 This is the third revision to the contract. The first two revisions were formalities since the original agreement in 2017 was signed with NRG, but the company subsequently changed hands. The city's attorney has reviewed the amendment to the subscription agreements and found it to be acceptable. I. Budget Impact: Based on the current bill credit rate, the City's return on investment will increase $9,000 per year. However, over the remainder of the 25 -year agreement, it is projected the bill credit rate will increase, and the City would receive an additional $1.3M. Because solar farm production and bill credit rates are estimated, no return on investment is guaranteed. 2022's estimated increase in expenditures is $128,000 and increase in revenues is $137,000. Staff Impact: None. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approving amendment to community solar garden subscription agreements with Novel Solar Two LLC, a Minnesota limited liability company. SUPPORTING DATA A. Third amendment to Community Solar Garden Subscriptions Agreements land 4 B. City of Monticello-NRG Contract 1 C. City of Monticello-NRG Contract 4 THIRD AMENDMENT TO COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENTS 1 AND 4 THIS THIRD AMENDMENT TO COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENTS 1 AND 4 (this "Amendment") is entered into and effective as of , 2021 (the "Effective Date") between Novel Solar Two, LLP, with principal place of business located at 1 Landmark Square, Suite 320, Stamford CT 06901 ("Novel Two"), Novel Solar One, LLP, with a principal place of business located at 1 Landmark Square, Suite 320, Stamford CT 06901 ("Novel One"), Novel Solar Five, LLP, with principal place of business located at 1 Landmark Square, Suite 320, Stamford CT 06901 ("Novel Five") (Novel Two, Novel One, and Novel Five collectively, the "Operator"), and City of Monticello, a public corporation and political subdivision of the State of Minnesota, by and through City of Monticello, having an address at 505 Walnut Street, Monticello, MN 55362 ("Subscriber"). Each of Operator and Subscriber is sometimes referred to herein, individually as a "Party" and, collectively, as the "Parties." RECITALS WHEREAS, Novel Two and Subscriber are parties to a Community Solar Garden Agreement 1 dated as of September 28, 2017 and a Community Solar Garden Subscription Agreement 4 dated as of September 28, 2017, as each of the foregoing was amended by that certain Omnibus Amendment No. 1 to Community Solar Garden Subscription Agreements dated June 10, 2019, and that certain Omnibus Amendment No. 2 to Community Solar Garden Subscription Agreements dated September 23, 2019 (collectively the "Subscription Agreements"), pursuant to which Subscriber acquired an allocation of capacity in a community solar garden owned and operated by Novel Two and related rights to Bill Credits associated with the Delivered Energy associated with the Subscriber's Allocated Percentage; WHEREAS, Novel Two acquired its ownership interest to the Subscription Agreements as a result of that certain Assignment and Assumption of Community Solar Garden Subscription Agreement dated as of June 10, 2019 by and between MN Community, LLC (f/k/a NRG MN Community, L.L.C), a Delaware limited liability company, as assignor, and Novel Energy Solutions, LLC, a Minnesota limited liability company, as assignee and that certain Assignment and Assumption of City of Monticello Community Solar Garden Subscription Agreements dated as of June 10, 2019, by and between Novel Energy Solutions L.L.C., as assignor and Novel Two, as assignee; WHEREAS, pursuant to Section 17.2 of the Subscription Agreements, the Parties may mutually agree to amend, modify or supplement the Subscription Agreements; WHEREAS, the Subscriber wishes to restate and confirm the current capacity percentage to the original System (Novel Two) and add two additional Systems (Novel One and Novel Five) as set forth herein; and WHEREAS, the Parties desire to amend the Subscription Agreements upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT Defined Terms. Capitalized terms used but not defined in this Amendment shall have the respective meanings ascribed to them in the Subscription Agreements. 2. Amendment. Effective as of the Effective Date: (a) Exhibit C of the Subscription Agreements shall be amended and restated in their entirety to reflect the Subscriber's current Allocated Percentage and add additional Systems as set forth as attached. (b) Exhibit D of the Subscription Agreements shall be amended and restated in their entirety to reflect the Subscriber's current estimated Annual Delivered Energy and add additional Systems as reflected in Exhibit C and set forth in the attached. (c) Exhibit E of the Subscription Agreements shall be amended and restated in their entirety to reflect the Subscriber's current termination fee schedule and add additional Systems as reflected in Exhibit C and set forth in the attached. 3. Continuin Effect. ffect. This Amendment shall be deemed to form an integral part of the Subscription Agreements and construed in connection with and as part of the Subscription Agreements, and all terms, conditions, covenants and agreements set forth in the Subscription Agreements and each other instrument or agreement referred to therein, as applicable, except as explicitly set forth herein, are hereby ratified and confirmed and shall remain in full force and effect, unmodified in any way. In the event of any inconsistency or conflict between the provisions of the Subscription Agreements and this Amendment, the provisions of this Amendment will prevail and govern. All references to the "Agreement" in the Subscription Agreements shall hereinafter refer to the Subscription Agreements as amended by this Amendment. 4. Further Assurances. Subject to the terms of this Amendment, the Parties hereto shall take all reasonable and lawful action as may be necessary or appropriate to cause the intent of this Amendment to be carried out. 5. Successors and Assigns. This Amendment shall be binding upon the Parties and their respective successors and assigns. The terms and conditions of this Amendment shall survive the consummation of the transfers provided for herein. 6. Counterparts. This Amendment may be executed in one or more counterparts (including by facsimile or PDF), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 7. Governing Law. This Amendment shall be governed by, and construed in accordance with, the applicable laws of the State of Minnesota, without regard to the conflicts of law provisions thereof or of any other jurisdiction. [Signature Page Follows] 2 IN WITNESS WHEREOF, each of the Parties has caused this Amendment to be duly executed and delivered, intending to be legally bound hereby, as of the Effective Date. SUBSCRIBER: CITY OF MONTICELLO, a public corporation and political subdivision of the State of Minnesota By: Its: OPERATOR: NOVEL SOLAR TWO, LLP (Schneider) By: GSPP MN FUND I, LLC, its Sole Member By: GSPP MN CLASS B, LLC, its Managing Member By: GSPP HOLDCO, LLC, its Manager By: Name: Title: NOVEL SOLAR ONE, LLP (Held) By: GSPP MN FUND I, LLC, its Sole Member By: GSPP MN CLASS B, LLC, its Managing Member By: GSPP HOLDCO, LLC, its Manager By: Name: Title: NOVEL SOLAR FIVE, LLP (Imholte) By: GSPP MN FUND I, LLC, its Sole Member By: GSPP MN CLASS B, LLC, its Managing Member By: GSPP HOLDCO, LLC, its Manager By: Name: Title: AMENDED AND RESTATED EXHIBIT C Solar System Site Location Anticipated Commercial Operation Date Solar System Size Retail Service Address Subscribers Allocated Percentage Steams County September 1, 1,000 kw (AC) 1401 Hard Blvd, Up to 40%* 2018 (representing an Monticello, MN initial estimate, 55362 which may vary Premise depending on the #302631357 final design of Account #51 - the System) 6572904-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 43.96%) 1401 Hard Blvd, Monticello, MN 55362 Premise #303230634 Account #51- 6572904-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 56.04% Novel One (Held 211 Cedar St, Up to 10%* Project) Monticello, MN 55362 Premise #302233672 Account #51- 6505909-4 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.40% 3698 School Blvd, Monticello, MN 55362 Premise #304172598 Account #51- 9069641-8 (Es 1 imated Proportion of Subscribers Allocated Percentage Assigned to Address: 4.86%) 118 W 6th St F12, Monticello, MN 55362 Premise #302602625 Account #51- 9391437-3 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.46%) 118 W 6th St Fl I, Monticello, MN 55362 Premise #303380654 Account #51- 9391437-3 (Estimated Proportion of Subscriber Allocated Percentage Assigned to Address: 0.27%) 200 W 6th St, Monticello, MN 55362 Premise #302337545 Account #51- 4271112-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 10.39%) 312W5th St, Monticello, MN 55362 Premise #302815329 Account #51- 6505913-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 4.92%) 203 Chelsea Rd, Monticello, MN 55362 Premise #303842182 Account #51- 6505912-9 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.77%) 324 W 5th St, Monticello, MN 55362 Premise #302712204 Account #51- 7780310-4 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.18%) 113 W River St, Monticello, MN 55362 Premise #303584863 Account #51- 6505915-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.00%) 113 W River St, Monticello, MN 55362 Premise #302866204 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.90%) 835 W River St, Monticello, MN 55362 Premise #303337403 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.34%) 326 Riverview Dr, Monticello, MN 55362 Premise #303387156 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.07%) 800 Meadow Oak Dr, Monticello, MN 55362 Premise #303427445 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.37%) 110 Marvin Rd, Monticello, MN 55362 Premise #303807370 Account #51- 6505906-I (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.41%) 3176 Chelsea Rd W, Monticello, MN 55362 Premise #303986811 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.55%) 909 Golf Course Rd, Monticello, MN 55362 Premise #302172070 Account #51- 6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.59%) 909 Golf Course Rd, Monticello, MN 55362 Premise #302964449 Account #51- 6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 7.98%) 8617 Edmonson Ave NE, Monticello, MN 55362 Premise #303783042 Account #51- 6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.14%) 510 E 4th St, Monticello, MN 55362 Premise #302532489 Account #51- 6505915-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 3.30%) 405 Ramsey St, Monticello, MN 55362 Premise #302313399 Account #51- 0395766-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 16.48%) 205 Chelsea Rd, Monticello, MN 55362 Premise #302741386 Account #51- 6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 7.28%) 207 Chelsea Rd, Monticello, MN 55362 Premise #303608933 Account #51- 6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 13.73%) 8770 Jason Ave NE, Monticello, MN 55362 Premise #303651010 Account #51- 6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 6.06%) Novel Five 211 Cedar St, Up to 10%* (Imholte Project) Monticello, MN 55362 Premise #302233672 Account #51- 6505909-4 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.40%) 3698 School Blvd, Monticello, MN 55362 Premise #304172598 Account #51- 9069641-8 (Es 1 imated Proportion of Subscribers Allocated Percentage Assigned to Address: 4.86%) 118 W 6th St F12, Monticello, MN 55362 Premise #302602625 Account #51- 9391437-3 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.46%) 118 W 6th St Fl 1, Monticello, MN 55362 Premise #303380654 Account #51- 9391437-3 (Estimated Proportion of Subscriber Allocated Percentage Assigned to Address: 0.27%) 200 W 6th St, Monticello, MN 55362 Premise #302337545 Account #51- 4271112-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 10.39%) 312W5th St, Monticello, MN 55362 Premise #302815329 Account #51- 6505913-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 4.92%) 203 Chelsea Rd, Monticello, MN 55362 Premise #303842182 Account #51- 6505912-9 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.77%) 324 W 5th St, Monticello, MN 55362 Premise #302712204 Account #51- 7780310-4 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.18%) 113 W River St, Monticello, MN 55362 Premise #303584863 Account #51- 6505915-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.00%) 113 W River St, Monticello, MN 55362 Premise #302866204 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.90%) 835 W River St, Monticello, MN 55362 Premise #303337403 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.34%) 326 Riverview Dr, Monticello, MN 55362 Premise #303387156 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.07%) 800 Meadow Oak Dr, Monticello, MN 55362 Premise #303427445 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.37%) 110 Marvin Rd, Monticello, MN 55362 Premise #303807370 Account #51- 6505906-I (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.41%) 3176 Chelsea Rd W, Monticello, MN 55362 Premise #303986811 Account #51- 6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.55%) 909 Golf Course Rd, Monticello, MN 55362 Premise #302172070 Account #51- 6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.59%) 909 Golf Course Rd, Monticello, MN 55362 Premise #302964449 Account #51- 6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 7.98%) 8617 Edmonson Ave NE, Monticello, MN 55362 Premise #303783042 Account #51- 6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.14%) 510 E 4th St, Monticello, MN 55362 Premise #302532489 Account #51- 6505915-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 3.30%) 405 Ramsey St, Monticello, MN 55362 Premise #302313399 Account #51- 0395766-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 16.48%) 205 Chelsea Rd, Monticello, MN 55362 Premise #302741386 Account #51- 6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 7.28%) 207 Chelsea Rd, Monticello, MN 55362 Premise #303608933 * This allocation is intended to represent the maximum allocation allowed by this contract. Subscriber's actual allocation may vary depending on Subscriber's available capacity as well as the Community Solar Garden's available capacity. Account #51- 6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 13.73%) 8770 Jason Ave NE, Monticello, MN 55362 Premise #303651010 Account #51- 6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 6.06%) * This allocation is intended to represent the maximum allocation allowed by this contract. Subscriber's actual allocation may vary depending on Subscriber's available capacity as well as the Community Solar Garden's available capacity. AMENDED AND RESTATED EXHIBIT D The kWh Rate shall be 11.90c/kWh ("kWh Rate") with 0% escalator Estimated Annual Delivered Energy - Novel Two* Estimated Annual Delivered Energy on the Commercial Operation Date, and continuing through the Term, with respect to the Systems under the Agreement shall be as follows: Year of System Term Estimated Annual Delivered Energy Subscriber Allocated Percentage Estimated Electricity Allocated to Subscriber kWH Rate 1 2,005,500 40.0% 802,200 $0.1190 2 1,995,473 40.0% 798,189 $0.1190 3 1,985,495 40.0% 794,198 $0.1190 4 1,975,568 40.0% 790,227 $0.1190 5 1,965,690 40.0% 786,276 $0.1190 6 1,955,861 40.0% 782,345 $0.1190 7 1,946,082 40.0% 778,433 $0.1190 8 1,936,352 40.0% 774,541 $0.1190 9 1,926,670 40.0% 770,668 $0.1190 10 1,917,037 40.0% 776,815 $0.1190 it 1,907,451 40.0% 762,981 $0.1190 12 1,897,914 40.0% 759,166 $0.1190 13 1,888,425 40.0% 755,370 $0.1190 14 1,878,982 40.0% 751,593 $0.1190 15 1,869,588 40.0% 747,835 $0.1190 16 1,860,240 40.0% 744,096 $0.1190 17 1,850,938 40.0% 740,375 $0.1190 18 1,841,684 40.0% 736,673 $0.1190 19 1,832,475 40.0% 732,990 $0.1190 20 1,823,313 40.0% 729,325 $0.1190 21 1,814,196 40.0% 725,679 $0.1190 22 1,805,125 40.0% 722,050 $0.1190 23 1,796,100 40.0% 718,440 $0.1190 24 1,787,119 40.0% 714,848 $0.1190 25 1,778,184 40.0% 711,273 $0.1190 Estimated Annual Delivered Energy - Novel One* Estimated Annual Delivered Energy on the Commercial Operation Date, and continuing through the Term, with respect to the Systems under the Agreement shall be as follows: Year of System Estimated Subscriber Estimated kWH Rate Term Annual Allocated Electricity Delivered Energy Percentage Allocated to Subscriber 1 5,725,467 10% 572,547 $0.1190 2 5,696,840 10% 569,684 $0.1190 3 5,668,355 10% 566,836 $0.1190 4 5,640,014 10% 564,001 $0.1190 5 5,611,814 10% 561,181 $0.1190 6 5,583,755 10% 558,375 $0.1190 7 5,555,836 10% 555,584 $0.1190 8 5,528,057 10% 552,806 $0.1190 9 5,500,416 10% 550,042 $0.1190 10 5,472,914 10% 547,291 $0.1190 11 5,445,550 10% 544,555 $0.1190 12 5,418,322 10% 541,832 $0.1190 13 5,391,230 10% 539,123 $0.1190 14 5,364,274 10% 536,427 $0.1190 15 5,337,453 10% 533,745 $0.1190 16 5,310,766 10% 531,077 $0.1190 17 5,284,212 10% 528,421 $0.1190 18 5,257,791 10% 525,779 $0.1190 19 5,231,502 10% 523,150 $0.1190 20 5,205,344 10% 520,534 $0.1190 21 5,179,317 10% 517,932 $0.1190 22 5,153,421 10% 515,342 $0.1190 23 5,127,654 10% 512,765 $0.1190 24 5,102,015 10% 510,202 $0.1190 25 5,076,505 10% 507,651 $0.1190 Estimated Annual Delivered Ener2y - Novel Five* Estimated Annual Delivered Energy on the Commercial Operation Date, and continuing through the Term, with respect to the Systems under the Agreement shall be as follows: Year of System Term Estimated Annual Delivered Energy Subscriber Allocated Percentage Estimated Electricity Allocated to Subscriber kWH Rate 1 1,884,281 10% 188,428 $0.1190 2 1,874,860 10% 187,486 $0.1190 3 1,865,485 10% 186,549 $0.1190 4 1,856,158 10% 185,616 $0.1190 5 1,846,877 10% 184,688 $0.1190 6 1,837,643 10% 183,764 $0.1190 7 1,828,454 10% 182,845 $0.1190 8 1,819,312 10% 181,931 $0.1190 9 1,810,216 10% 181,022 $0.1190 10 1,801,165 10% 180,116 $0.1190 11 1,792,159 10% 179,216 $0.1190 12 1,783,198 10% 178,320 $0.1190 13 1,774,282 10% 177,428 $0.1190 14 1,765,411 10% 176,541 $0.1190 15 1,756,584 10% 175,658 $0.1190 16 1,747,801 10% 174,780 $0.1190 17 1,739,062 10% 173,906 $0.1190 18 1,730,366 10% 173,037 $0.1190 19 1,721,714 10% 172,171 $0.1190 20 1,713,106 10% 171,311 $0.1190 21 1,704,540 10% 170,454 $0.1190 22 1,696,018 10% 169,602 $0.1190 23 1,687,538 10% 168,754 $0.1190 24 1,679,100 10% 167,910 $0.1190 25 1,670,704 10% 167,070 $0.1190 *For the purposes of the tables, Term year 1 shall commence on the Commercial Operation Date. The values set forth in the table above are estimates of (i) the kWhs of Delivered Energy expected to be generated annually by the System and (ii) the portion of the Delivered Energy generated annually that is to be allowed to Subscriber pursuant to Subscriber's Allocated Percentage, which amount is derived by multiplying the estimated Delivered Energy by the Subscriber's Allocated Percentage in each year. The table will be updated upon final design of the System; provided, however, any such updated values shall also be estimates and in no event shall any such values (whether or not updated) be considered to be binding in any way on Operator. AMENDED AND RESTATED EXHIBIT E Termination Fee — Novel Two* Year of System Term Subscriber Allocated Percentage Termination Fee** 1 40.00% $873,535 2 40.00% $853,392 3 40.00% $832,483 4 40.00% $810,762 5 40.00% $788,185 6 40.00% $764,702 7 40.00% $740,261 8 40.00% $714,809 9 40.00% $688,287 10 40.00% $660,636 11 40.00% $631,792 12 40.00% $601,687 13 40.00% $570,251 14 40.00% $537,408 15 40.00% $503,080 16 40.00% $467,184 17 40.00% $429,630 18 40.00% $390,328 19 40.00% $349,179 20 40.00% $306,080 21 40.00% $260,921 22 40.00% $213,590 23 40.00% $163,963 24 40.00% $111,913 25 40.00% $57,306 Termination Fee — Novel One* Year of System Term Subscriber Allocated Percentage Termination Fee** 1 10% $1,136,478 2 10% $1,088,232 3 10% $1,040,227 4 10% $992,462 5 10% $944,937 6 10% $897,648 7 10% $850,597 8 10% $803,780 9 10% $757,198 10 10% $710,848 11 10% $664,731 12 10% $618,843 13 10% $573,186 14 10% $527,756 15 10% $482,554 16 10% $437,578 17 10% $392,826 18 10% $348,299 19 10% $303,994 20 10% $259,910 21 10% $216,047 22 10% $172,404 23 10% $128,978 24 10% $85,770 25 10% $42,777 Termination Fee - Novel Five* Year of System Term Subscriber Allocated Percentage Termination Fee** 1 10% $374,021 2 10% $358,143 3 10% $342,344 4 10% $326,625 5 10% $310,984 6 10% $295,421 7 10% $279,936 8 10% $264,528 9 10% $249,198 10 10% $233,944 11 10% $218,766 12 10% $203,665 13 10% $188,638 14 10% $173,687 15 10% $158,811 16 10% $144,009 17 10% $129,281 18 10% $114,627 19 10% $100,046 20 10% $85,538 21 10% $71,102 22 10% $56,739 23 10% $42,447 24 10% $28,227 25 10% $14,078 *For the purposes of the tables, Term year 1 shall commence on the Commercial Operation Date ** The Termination Fee is based on the Subscriber's Allocated Percentage at the time of termination. For the purposes of the table, the termination fee is calculated based on the maximum allocation and serves only as an example. For avoidance of doubt, the termination fee will be calculated based on the Subscriber's allocated percentage and the time of Termination. COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENT Solar Garden WHEREAS, NRG MN Community LLC ("Operator") intends to construct, install, own, operate, and maintain a solar photovoltaic System at the Premises described on Schedule 1; WHEREAS, the Parties intend that, pursuant to the Tariff and the Power Purchase Agreement ("PPA"), the System will qualify as a Community Solar Garden and will generate Bill Credits to be applied to Subscribers monthly invoices from Northern States Power for the retail electric services at the addresses listed in Exhibit C (the "Service Address"); WHEREAS, City of Monticello, a public corporation and political subdivision of the State of Minnesota, by and through City of Monticello, having an address at 505 Walnut Street, Monticello, MN 55362, ("Subscriber') is willing to purchase, or pay to be allocated, Subscriber's Allocated Percentage as described in Exhibit C of the Delivered Energy to be generated by the System commencing on the Commercial Operation Date and continuing through the Term, and Operator is willing to sell, or cause to be allocated, Subscriber's Allocated Percentage of the Delivered Energy to be generated by the System to Subscriber commencing on the Commercial Operation Date and continuing through the Tenn, as provided under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing recitals, mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowiedged, the Parties hereby agree as follows: 1. DEFINITIONS. 1.I Definitions. Capitalized terms are defined as follows: "Affiliate" means, with respect to any specified Person, any other Person directly or indirectly controlling, controlled by or under common control with such specified Person. "Aueement" means the Community Solar Garden Subscription Agreement which consists of this agreement and all exhibits. "Applicable Lary" means, with respect to any Person, any constitutional provision, law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction, registration, pennit, authorization, guideline, Goveminentai Approval, consent or requirement of any Governmental Authority having jurisdiction over such Person or its property, enforceable at law or in equity, including the interpretation and administration thereof by such Governmental Authority. "Bankruptcy Event'' means with respect to a Party, that either: (i) such Party has (A) applied for or consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or 1 liquidator of itself or of all or a substantial part of its property; (B) admitted in writing its inability, or be generally unable, to pay its debts as such debts become due; (C) made a general assignment for the benefit of its creditors; (D) commenced a voluntary case under any bankruptcy law; (E) filed a petition seeking to take advantage of any other Iaw relating to bankruptcy, insolvency, reorganization, winding up, or composition or readjustment of debts; (F) failed to controvert in a timely and appropriate manner, or acquiesced in writing to, any petition filed against such Party in an involuntary case under any bankruptcy law; or (G) taken any corporate or other action for the purpose of effecting any of the foregoing; or (ii) a proceeding or case has been commenced without the application or consent of such Party in any court of competent jurisdiction seeking (A) its liquidation, reorganization, dissolution or winding-up or the composition or readjustment of debts or, (B) the appointment of a trustee, receiver, custodian, liquidator or the like of such Party under any bankruptcy law, and such proceeding or case has continued undefended, or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continue unstayed and in effect for a period of 60 days. `'Bill Credit" means the monetary value of the electricity generated by the Solar System commensurate with Subscriber's Allocated Percentage, as calculated pursuant to the PPA and the Tariff, and credited to Subscriber by Northern States Power Company ("NSI'") on its monthly invoice for electric service at the Service Address in accordance with the PFA. The Bill Credit Rate to be used by NSP is the Enhanced Bill Credit as provided in the PPA as the Operator must transfer the Solar Renewable Energy Credits ("RECs") to NSP under the PPA unless directed otherwise by Subscriber. "Billing Cycle' means the monthly billing cycle established by NSP. "Business Day" means any day other than Saturday, Sunday, or a legal holiday. "Creditworthy" means a general obligation bond rating of (a) Baa3 or higher by Moody's, (b) BBB- or higher by Fitch IBCA, or (c) BBB- or higher by Standard and Poor's; or. for non-governmental entities not rated by Moody's. Fitch IBCA, or Standard and Poor's, an equivalent credit rating; as determined by Operator through review of such entity's (.r•) most recent three (3) years of audited financial statements with notes, or, if such audited financial statements are not available, (y) most recent three (3) years of unaudited financials (prepared by an external accountant, if available) including income and cash flow statements, a balance sheet, and accompanying notes, if any, for each. "Dale of Commercial Operation" means the first day of the first full calendar month upon which commercial operation is achieved following completion of all Interconnection Agreement requirements and processes, as defined by the PPA executed by tite Operator and NSP. "Delivered Energa' means the amount of alternating current (AC) energy generated by the System as inverted to AC and delivered to NSP at the Production Meter (as defined in the PPA). "Early Termination Date' means any date the Agreement terminates other than for expiration of the Term. "Effective Date" means the date on which the Agreement is signed by authorized representatives of both Parties in accordance with Section ?.l. "Environmental Attributes" means, without limitation, carbon trading credits, Renewable Energy Credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green -e® products. "Estimated Remaining Payments" means as of any date, the estimated remaining Payments to be made through the end of the Term, as reasonably determined and supported by Operator. "Expiration Dale" means the date the Agreement terminates by reason of expiration of the Term. "Financing Party" means, as applicable (i) any Person (or its agent) from whom Operator (or an Affiliate of Operator) leases the System, or (ii) any Person (or its agent) who has made or will make a loan to or otherwise provide financing to Operator (or an Affiliate of Operator) with respect to the System. "Governmental Approval" means any approval, consent, franchise, permit, certificate, resolution, concession, license, or authorization issued by or on behalf of any applicable Governmental Authority. "Governmental Authority" means any federal, state, regional, county, town, city, watershed district, park authority, or municipal government, whether domestic or foreign, or any department, agency, bureau, or other administrative, regulatory or judicial body of any such government. "Guaranteed Output" has the meaning set forth in Section 7.3(b) "Installation Work" means the construction and installation of the System and the start-up, testing and acceptance (but not the operation and maintenance) thereof, all performed by or for Operator at the Premises. "Interconnection Agreement" means the Interconnection Agreement entered into or to be entered into between Operator and NSA as required by the PPA. `NSP" means Northern States Power Company, a Minnesota Corporation and any successor thereto and Xcel Energy Inc., to the extent it has control over NSP's business. "Person" means an individual, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, Finn, or other entity, or a Governmental Authority. "PPA" means the standard Power Purchase Agreement for Solar*Rewards Community to be entered into by and between Operator and NSP whereby NSP agrees to purchase all of the energy produced by the photovoltaic Solar System and to pay for such energy by providing Bill Credits to Subscriber (and other Subscribers). A copy of the PPA will be attached to this Agreement as Exhibit A. "Premises" means the premises described in Exhibit C. "Shortfall Amount" has the meaning set forth in Section 7.4. "Solar Incentives" means any accelerated depreciation, installation or production -based incentives, investment tax credits and subsidies and all other solar or renewable energy subsidies and incentives. "Subscribers Allocated Percentage" means Subscriber's allocated portion, stated as a percentage, of the Delivered Energy in a given month, as described in Exhibit C. "Stated Rate" means a rate per annum of 1.5°10. "System' or "Solar System'' means the integrated assembly of photovoltaic panels, mounting assemblies, inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects, combiners, switches, wiring devices and wiring, more specifically described in Exhibit C. "System Operations" means Operator"s operation, maintenance and repair of the System performed in accordance with the requirements of this Agreement. "Tariff"means the Solar*Rewards Community Program tariff in NSP's rate book. "Termination Fee" means a fee payable by Subscriber equal to (x) the net present value of the Subscriber's remaining payments to Operator under the Agreement (based on the Estimated Annual Delivered Energy) minus (y) the net present value of remaining payments to Operator for Subscriber's Allocated Percentage of Estimated Annual Delivered Energy at the Unsubscribed Energy Rate using a discount rate of five and one half percent (5.5%); provided that such Termination Fee shall not be less than zero. The Termination Fee for each year of the Term based on Subscriber's Allocated Percentage as of the Effective Date is listed in Exhibit E. "Unsubscribed Energy Rate" means $0.034 per kWh, which is the blended rate NSP pays for unsubscribed Delivered Energy under rate code A51 in NSP's rate book in effect on the Effective Date. 2. TERM AND TERMINATION. 2.1 Effective Date. This Agreement is effective upon signature by authorized representatives of both Parties to the Agreement. 2.2 Tenn. The term of the Agreement begins on the Effective Date and continues for 25 years from the Commercial Operation Date (or such other time period as specified in writing by the Parties), unless terminated earlier under the provisions of this Agreement. Without limiting either Partys termination rights elsewhere in this Agreement, this Agreement will terminate if (i) Subscriber has moved out of or relocated from the county in which the Solar System is located or a contiguous county or relocated from the NSP service territory, and has not, within 90 days after such move or relocation, assigned this Agreement in accordance with the provisions of Section 12.3, or (ii) the PPA is otherwise terminated. 2.3 Termination Before Commercial Operation. If any of the following events or circumstances occurs before the Commercial Operation Date, either Party may terminate the Agreement immediately upon written notice, in which case neither Party will have any liability to the other except for any liabilities that accrued before termination. (a) After timely application to NSP and best efforts to secure interconnection services, Operator has not received evidence that interconnection services will be available for the energy generated by the Solar System. (b) If NSP or another party with the authority to do so, disqualifies the Operator or the facility from participating in the Community Solar Garden Program. (c) Before the PPA is signed, if the legislature, PUC, NSP, or any other entity reduces the 4 credit base rate, or basis of escalation of that rate from that anticipated at the time of acceptance of the proposal by the Subscriber. (d) If the State legislature dissolves the Subscriber; provided that Subscriber's obligations under this Agreement are reassigned. 2.4 Termination for UnnecessaEy Delay in Achieving Commercial Operation. Operator agrees to achieve commercial operation within a commercially reasonable timeframe. If Operator does not achieve Commercial Operation within 2 years of the Effective Date, at Subscriber's sole discretion, Subscriber may tenninate this Agreement with 60 days' written notice. If Subscriber terminates the Agreement under this provision, Subscriber will have no liability to the Operator except for any liabilities that accrued before the termination. 2.5 [Reserved.] 2.6 Termination U on Mutual Aareement. This Agreement may be terminated at any time, for any reason, by mutual agreement of the Parties in writing. 2.7 Operator Conditions of the Agreement Prior to, Installation. In the event that any of the following events or circumstances occur prior to the Commercial Operation Date, Operator may (in its sole discretion) terminate this Agreement, in which case neither Party shall have any liability to the other except for any such liabilities that may have accrued prior to such termination. (a) There has been a material adverse change, not reasonably knowable by the Operator prior to execution of the Agreement, in the (i) rights of Operator to construct the System on the Premises, or (ii) financial prospects or viability of the Solar System, whether due to market conditions, cost of equipment or any other reason. (b) After timely application to NSP and best efforts to secure interconnection services, Operator has not received evidence reasonably satisfactory to it that interconnection services will be available with respect to energy generated by the System. {c) Operator has detennined that Subscriber is not Creditworthy. (d) Operator is unable to obtain financing for the System on terms and conditions reasonably satisfactory to Operator. (e) Subscriber's representation and warranty contained in Section 8.2(d) is no longer true and correct. CONSTRUCTION. INSTALLATION AND TESTING OF SYSTEM. 3.1 System Acceptance Testing. (a) Operator must test the System in accordance with such methods, acts, guidelines, 5 standards and criteria reasonably accepted or followed by photovoltaic solar system integrators in the United States and as otherwise required by the PPA and the NSP Tariff. (b) Commercial Operation occurs when the "Date of Commercial Operation" occurs under the PPA. At least a week before the Date of Commercial Operation, Operator will send a written notice to Subscriber providing the Date of Commercial Operation Commercial Operation Date for the purposes of this Agreement. notify NSP of this date and gel any necessary approvals from NSP. 4, SYSTEM OPERATIONS. and the provided date will be the Operator has the sole responsibility to 4.1 Operator as Owner and Operator. The System will be owned by Operator, Operator's designee or Operator's Financing Party and will be operated and maintained in accordance with the PPA and the NSP Tariff and, as necessary, maintained and repaired by Operator at its sole cost and expense. Installation of the System, upgrades and repairs will be under the direct supervision of an NA$CEP- certified solar professional. Maintenance will be performed according to industry standards, including the recommendations of the manufacturers of solar panels and other operational components. 4.2 Meterine. There will be two meters installed and maintained by NSP, which will measure the amount of electrical energy flowing to and from the Premises as further described in the PPA. The Production Meter (as defined in the PPA) will record the amount of Delivered Energy. Operator will make the raw meter data available to Subscriber upon Subscriber's request. 5. DELIVERY OF ENERGY. 5.1 Purchase Requirement. Subscriber agrees to make payments calculated as Subscriber's Allocated Percentage multiplied by (x) Delivered Energy generated by the System beginning on the Commercial Operation Date and continuing for each applicable month of the Term and (y) the kWh Rate. If there is a difference between the metered energy credited by NSP to the Subscriber on the subscribed account's bills and the Delivered Energy, the Subscriber's payments %vill be based on energy credited. 5.2 Estimated Annual Delivered Enercr+. The total annual estimate of Delivered Energy for any given year is the `Estimated Annual Delivered Energy." The Estimated Annual Delivered Energy and the estimated amount of electricity to be allocated to Subscriber for each year of the Tenn starting on the Commercial Operation Date are identified in Exhibit D. The estimated amount of electricity allocated to Subscriber is Subscriber's Allocated Percentage of the Estimated Annual Delivered Energy. 5.3 Environmental Attributes and Solar Incentives. (a) Subscriber's purchase does not include Emrironmental Attributes or Solar Incentives; (b) Subscriber disclaims any right to Solar Incentives or Environmental Attributes based upon the installation of the System, and to avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use and to help ensure that Environmental Attributes will be certified by Green-& or a similar organization Subscriber will, at the request of Operator, execute documents or agreements reasonably necessary to fulfill the intent of this Section; and (c) Without limiting the foregoing, Subscriber agrees that NSP will acquire from Operator under the PPA all energy generated by the Solar System and may, as provided for in the PPA, acquire all Renewable Energy Credits (as defined in the PPA) associated with the Solar System. If the Renewable Energy Credits (as defined in the PPA) associated with the Solar System are acquired by NSP, Operator will notify the Subscriber of the acquisition. Operator and Subscriber agree not to make any statement contrary to NSP's ownership. 5.4 Title to System. Throughout the Term, Operator. Operator's designee or Operator's Financing Party is the legal and beneficial owner of the System at all times, and the System will remain the personal property of Operator. Operator's designee or Operator's Financing Party. 5.5 ObIiaations of Parties. The Parties will work cooperatively and in good faith to meet all Community Solar Garden program requirements under Applicable Law, the PPA and the Tariff, including applicable interconnection and metering requirements. The Parties agree that beginning on the Commercial Operation Date (a) Operator will transmit all of the Delivered Energy into the NSP system for the benefit of Subscriber, and (b) Subscriber shall be entitled to all Bill Credits issued by NSP resulting from such transmission and corresponding with Subscriber's Allocated Percentage. 6. PRICE AND PAYMENT. 6.1 Consideration. Subscriber shall pay to Operator a monthly payment ("Payment") for Subscriber's Allocated Percentage of Delivered Energy beginni2g on the Commercial Operation Date and continuing through the Tenn. Subscriber will pay a price of $0.1190 per Kilowatt Hour ("kWh Rate"), with a 0% annual escalation for the tern of this Agreement. 6.2 Invoices. Operator shall invoice Subscriber within 30 days of the last Business Day of each calendar month (each such date on which an invoice is issued by Operator to Subscriber, an "Invoice Date') for (lie Payment in respect of Subscriber's Allocated Percentage of Delivered Energy during the immediately preceding calendar month. Subscriber's first invoice under this Agreement shall be for the first full calendar month after the Commercial Operation Date. Subscriber shall (i) neither receive nor be entitled to any Bill Credits associated with Delivered Energy prior to the Commercial Operation Date, and (ii) have no obligation to make or any liability for Payments for Delivered Energy prior to the Commercial Operation Date. If the first month of commercial operation is less than a full calendar month, the Operator %till bill Subscriber for any Delivered Energy on the invoice for the first full calendar month of operation. 6.3 Time of Payment. Subscriber %vill pay all undisputed amounts due hereunder within 35 days of the Invoice Date. 6.4 Method of Payment. Subscriber will make all payments under the Agreement by electronic funds transfer in immediately available funds to the account designated by Operator from 7 time to time. If Subscriber does not have electronic funds transfer capability, or does not desire to use electronic funds transfer, the Parties shall agree to an alternative method of payment. All payments that are not paid when due shall bear interest accruing from the date becoming past due until paid in full at a rate equal to the Stated Rate. Except for billing errors or as provided in Section 6.5 below, all payments made hereunder shall be non-refundable, be made free and clear of any tax, levy, assessment, duties or other charges and not subject to reduction, withholding, set-off, or adjustment of any kind. 6.5 Disputed Pavments. If a bona fide dispute arises with respect to any invoice, Subscriber shall not be deemed in default under the Agreement and the Parties shall not suspend the performance of their respective obligations hereunder, including payment of undisputed amounts owed hereunder. If an amount disputed by Subscriber is subsequently deemed to have been due pursuant to the applicable invoice, interest shall accrue at the Stated Rate on such amount from the date becoming past due under such invoice until the date paid. 6.6 Billing Adjustments Following NSP Billing Adjustments. If, as a result of an NSP billing adjustment, the quantity of Delivered Energy is decreased (the "EIectricity Deficiency Quantity") and NSP reduces the amount of Bill Credits allocated to Subscriber for such period, Operator will reimburse Subscriber for the amount paid by Subscriber in consideration for the Electricity Deficiency Quantity. If as a result of such adjustment the quantity of Delivered Energy allocated to Subscriber is increased (the "Electricity Surplus Quantity') and NSP increases the amount of Bill Credits allocated to Subscriber for such period, Subscriber will pay for the Electricity Surplus Quantity at the kWh Rate applicable during such period. 7. GENERAL COVENANTS. 7.1 Operator's Covenants. Operator covenants and agrees to the following: (a) Notice of Damate or Emergency. Operator will within 3 business days notify Subscriber if it becomes aware of any significant damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System. (b) System Condition. Operator shall make commercially reasonable efforts to ensure that the System is capable of operating at a commercially reasonable continuous rate. (c) Governmental Approvals. While providing the Installation Work and System Operations, Operator shall obtain and maintain and secure all Governmental Approvals required to be obtained and maintained and secured by Operator and to enable Operator to perform such obligations. (d) Interconnection Fees. Operator is responsible for all costs, fees, charges and obligations required to connect the System to the NSP distribution system, including fees associated with system upgrades, production, and operation and maintenance carrying charges, as provided in the Interconnection Agreement ("Interconnection Obligations"). In no event shall Subscriber be responsible for any Interconnection Obligations. (e) Compliance with PPA, Tariff and Interconnection Agreement. Operator shall cause the System to be designed, installed and operated in compliance with the PPA, the Tariff and the Interconnection Agreement. (f) The PPA requires that Operator (as opposed to NSP) is responsible for answering all questions from Subscriber regarding its participation in the Solar System. Operator is solely responsible for resolving disputes with NSP or Subscriber regarding the accuracy of Subscriber's Allocated Percentage and the Delivered Energy allocated to Subscriber in connection therewith. Notwithstanding the foregoing, Subscriber acknowledges that NSP is responsible for resolving disputes with Subscriber regarding the applicable rate used to determine the Bill Credit. (g) The Operator is duly organized and validly existing and in good standing in the jurisdiction of its organization, and authorized to do business in the State of Minnesota. 7.2 Subscriber's Covenants. Subscriber covenants and agrees as follows: (a) Consents and Approvals. Subscriber will ensure that any authorizations required of Subscriber under this Agreement are provided in a timely manner. To the extent that only Subscriber is authorized to request, obtain or issue any necessary approvals, rebates or other financial incentives, Subscriber will cooperate with Operator to obtain such approvals, rebates or other financial incentives. (b) Subscriber Agency and Consent Form. On or about the Effective Date, Subscriber will execute and deliver to Operator a Subscriber Agency Agreement and Consent Form in the form attached hereto as Exhibit A. Subscriber acknowledges that such agreement is required of Subscriber pursuant to the PPA. 7.3 Minimum Production: Lost Production Payments. (a) Estimated Annual Delivered Energy is calculated by multiplying estimated output from the System (using PVSYST software) by the availability factor estimated by Operator while allowing for a 0.7% annual degradation of the System. The Subscriber's Estimated Annual Delivered Energy is the Subscriber's Allocated Percentage multiplied by the Estimated Annual Delivered Energy delivered by the System. (b) Operator hereby guarantees that the Subscriber's Allocated Percentage of Delivered Energ) will be at least eighty five percent (85%) of the Subscriber's Estimated Annual Delivered Energy (the "Guaranteed Output"):provided that the Estimated Annual Delivered Energy shall be adjusted for (i) Force Majeure Events, (ii) weather and (iii) decreases in Delivered Energy resulting from an emergency situation that threatens injury to persons or property that was not a result of the acts or omissions of Operator. 7.4 Delivery Shortfalls. If. at the end of a Contract Year, the Subscriber's Allocated 9 Percentage of Delivered Energy for such Contract Year is less than the Guaranteed Output (the "Shortfall Amount''). then Operator shall pay Subscriber an amount equal to the excess, if any, of (1) the difference between the Bill Credits that Subscriber would have received and the Payments that would have been due had the Shortfall Amount been delivered over (2) the difference between the Bill Credits that Subscriber actually received and the Payments that were actually received, in each case with respect to such Contract Year. Operator shall snake such payment within forty five (45) days of the end of each Contract Year. 8. REPRESENTATIONS & WARRANTIES. 8.1 Representations and Warranties Relating to Agreement Validity. In addition to any other representations and warranties contained in the Agreement, each Party represents and warrants to the other as of the date of this Agreement and on the Effective Date that: (a) it is duly organized, validly existing and in good standing in the jurisdiction of its organization and it has the full right and authority to enter into, execute, deliver, and perform its obligations under the Agreement; (b) it has taken aII requisite corporate or other action to approve the execution, delivery, and performance of the Agreement; (c) the Agreement constitutes its legal, valid and binding obligation enforceable against such Party in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other similar laws now or hereafter in effect relating to creditors' rights generally; (d) there is no litigation, action, proceeding or investigation pending or, to the best of its knowledge, threatened before any court or other Govemmental Authority by, against, affecting or involving any of its business or assets that could reasonably be expected to adversely affect its ability to carry out the transactions contemplated herein; and (e) its execution and performance of the Agreement and the transactions contemplated hereby do not constitute a breach of any term or provision of, or a default under, (i) any contract or agreement to which it or any of its Affiliates is a party or by which it or any of its Affiliates or its or their property is bound, (ii) its organizational documents, or (iii) any Applicable Laws. 8.2 Specific Representations and Warranties of Subscriber. Subscriber represents and warrants to Operator as of the date of this Agreement and on the Effective Date that: (a) Subscriber is the sole party in interest agreeing to purchase Subscriber's Allocated Percentage and is acquiring Subscriber's Allocated Percentage for its own account, and not with a view to the resale or other distribution thereof, in whole or in part, and agrees that it will not transfer, sell or otherwise dispose of Subscriber's Allocated Percentage in any manner that will violate applicable securities law; (b) Subscriber is not relying on (i) Operator, or (ii) other subscribers, or any of the 10 employees, members of boards of directors (or equivalent body) or officers, of those parties, or this Agreement with respect to tax and other economic considerations involved in the Agreement (c) Subscriber's Allocated Percentage, combined with any other distributed resources serving the Service Address, represents no more than 120 percent of Subscriber's average annual consumption at the Service Address over the last twenty-four (24) months; and (d) Subscriber is a retail electric service customer of NSP and the Service Address is within the same county or contiguous county as the Solar System. (e) Subscriber is not exempt from the Solar Energy Standard under Minnesota Statutes Section 216B.1691, subd. 2f(d). 8.3 Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 3.1, 4.1, 7.1, THIS SECTION S, THE INSTALLATION WORK, SYSTEM OPERATIONS AND PERFORMANCE PROVIDED BY OPERATOR TO SUBSCRIBER UNDER THIS AGREEMENT SHALL BE "AS -IS WHERE -IS." NO OTHER WARRANTY TO SUBSCRIBER OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SYSTEM OR ANY OTHER SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY OPERATOR. 9, TAXES AND GOVERNMENTAL FEES. Operator is responsible for all income, gross receipts, ad valorem, personal property or real property or other similar taxes and any and all franchise fees or similar fees assessed against it due to its ownership of the System. Operator is not obligated for any taxes payable by or assessed against Subscriber based on or related to Subscriber's overall income or revenues. 10. FORCE MAJEURE. 10.1 Definition. "Force Maieure Event'' means any act or event that prevents the affected Party from performing its obligations in accordance with the Ag►recinent, if such act or event is beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and such Party had been unable to overcome such act or event with the exercise of due diligence (including the expenditure of reasonable sums). Subject to the foregoing conditions, "Force Majeure Even(" shall include the following acts or events: (i) natural phenomena, such as storms, hurricanes, floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (iv) strikes or labor disputes (except strikes or labor disputes caused solely by employees of Operator as a result of such Party's failure to comply with a collective bargaining agreement); (v) action or inaction by a Governmental Authority (unless Subscriber is a Governmental Authority and Subscriber is the Party whose performance is affected by such action nor inaction); and (vi) any event of force majeure under the PPA. A Force Majeure Event shall not be based on the economic hardship 11 of either Party. 10.2 Excused Performance. Except as otherwise specifically provided in the Agreement, neither Party shall be considered in breach of the Agreement or liable for any delay or failure to comply with the Agreement (other than the failure to pay amounts due hereunder), if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; PLOvided that the Party claiming relief under this Article 10 shall immediately (i) notify the other Party in writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (iii) notify the other Party in writing of the cessation or termination of said Force Majeure Event and (iv) resume performance of its obligations hereunder as soon as practicable thereafter; provided, however, that Subscriber shall not be excused from making any payments and paying any unpaid amounts due in respect of Subscriber's Allocated Percentage of Delivered Energy prior to any performance interruption due to a Force Majeure Event. 10.3 Termination for Force Maieure. Either Party may terminate this Agreement upon 15 days written notice to the other Party if any Force Majeure Event affecting such other Party has been in existence for a period of 180 consecutive days or longer, unless such Force Majeure Event expired before the end of the 15 day notice period. 110011CIVILUMN 11.1 Operator Defaults and Subscriber Remedies. (a) OOveralor Defaults. The following events are defaults with respect to Operator (each, an "Operator Default"): (i) A Bankruptcy Event occurs with respect to Operator; (ii) Operator fails to pay Subscriber any undisputed amount owed under the Agreement within 30 days from receipt of notice from Subscriber of such past due amount; (iii) Operator breaches any material term of the Agreement and (A) such breach can be cured within 30 days after Subscriber's written notice of such breach and Operator fails to so cure, or (B) Operator fails to commence and pursue a cure within such 30 day period if a longer cure period is needed; and (iv) The PPA is terminated for any reason. (b) Subscriber's Remedies. If an Operator Default described in Section 1 I.I(a) has occurred and results in the failure or inability of the Solar System to produce Delivered Energy over a period of 180 consecutive days, in addition to other remedies expressly provided herein, and subject to Article 15, Subscriber may terminate the Agreement and exercise any other retnedy it may have at law or equity or under the Agreement. In the event of such tennination, Subscriber shall use reasonable efforts to mitigate its damages. 11.2 Subscriber Defaults and Operator's Remedies. 12 (a) Subscriber Default. The following events shall be defaults with respect to Subscriber (each, a "Subscriber Default'): {i) A Bankruptcy Event occurs with respect to Subscriber; (ii) Subscriber fails to pay Operator any undisputed amount due Operator under the Agreement within 30 days from receipt of notice from Operator of such past due amount; and (iii) Subscriber breaches any material term of the Agreement and (A) if such breach can be cured within 30 days after Operator's notice of such breach and Subscriber fails to so cure, or (B) Subscriber fails to commence and pursue said cure within such 30 day period if a Ionger cure period is needed. (iv) This Agreement is terminated pursuant to Section 2.2(i). (b) Operator's Remedies. If a Subscriber Default described in Section 11.2(x) has occurred and is continuing, in addition to other remedies expressly provided herein, Operator may (i) terminate this Agreement and collect the Termination Fee; provided that if within three years after collecting the Termination Fee, Operator sells all of Subscriber's Allocated Percentage (after making commercially reasonable efforts to do so and after filling any pre-existing unsubscribed portion of the Delivered Energy), then Subscriber will be entitled to recover from Operator an amount equal to the net present value, using a discount rate of 5.5%, ascribed by Operator to such new subscriber's subscription minus the costs Operator incurred to sell Subscriber's Allocated Percentage (including marketing costs associated with finding a new subscriber), (ii) sell Subscriber's Allocated Percentage to one or more persons other than Subscriber, and (iii) exercise any other remedy it may have at law or equity or under the Agreement. In the event of any such termination, Operator shall use reasonable efforts to mitigate its damages. 12. ASSIGNMENT. 12.1 Assignment by Operator. Operator slialI not sell, transfer or assign (collectively, an "Assignment") the Agreement or any interest therein, without the prior written consent of Subscriber, which shall not be unreasonably withheld. Operator shall provide Subscriber with such information concerning the proposed transferee (including any person or entity liable for the performance of the terns and conditions of this Agreement) as may be reasonably requested by Subscriber. Operator's request for Subscriber's consent to any assignment must be in writing and provided to Subscriber at least 10 business days before the proposed effective date of the assignment. Operator shall include with such request contact information for the assignee. Notwithstanding the forgoing„ Operator may, without the consent of Subscriber, (1) transfer, pledge or assign all or substantially all of its rights and obligations hereunder to a Financing Party as security for any financing and/or sale-leaseback transaction or to an affiliated special purpose entity created for the financing or tax credit purposes related to System, (2) after the Commercial 13 Operation Date, transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Operator, (3) assign this Agreement to one or more affiliates, provided that prior to the assignment Operator provides a copy of the fully executed interconnection agreement between Xcel and the affiliate; or (4) assign its rights under this Agreement to a successor entity in a merger or acquisition transaction; provided, however, that any assignee under clauses (2)-(4) shall agree to be bound by the terms and conditions hereof. Subscriber agrees to provide acknowledgments, consents or certifications reasonably requested by any Financing Party in conjunction with any financing of the System. In the event that Operator identifies such secured Financing Party, then Subscriber shall comply with the provisions set forth in Exhibit B to this Agreement. Any Financing Party shall be an intended third -party beneficiary of this Section 12.1. Operator agrees to provide notice of any assignment permitted by this section and documentation, as applicable, to the Subscriber as soon as reasonably practicable, and in no event before Operator requests payment or has other claims or requests of Subscriber pursuant to this Section 12.1. 12.2. AcknowledL*ment of Collateral Assi nom. If Operator identifies a secured Financing Party and Subscriber consents to the collateral assignment under Section 12.1, then Subscriber acknowledges and agrees: (a) to the collateral assigmtment by Operator to the Financing Party, of Operator's right, title and interest in, to and under the Agreement, as consented to under Section 12.1 of the Agreement. (b) that the Financing Party as such collateral assignee is entitled to exercise any and all rights of lenders generally with respect to Operator's interests in this Agreement. Any Financing Party is an intended third -party beneficiary of this Section 12.3. 12.3 Assignment by Subscriber. (a) Subscriber will not assign this Agreement or any interest herein, without the prior written consent of Operator; provided however that Operator shall not unreasonably withhold condition or delay its consent for Subscriber to change the Service Address for which the Bill Credits will apply to another Service Address. (c) Subscriber's request for Operator's consent to any proposed change or assignment as contemplated in Section 12.3(x) must be in writing and provided to Operator at least 30 days before the proposed effective date of such change or assignment, which request must include: (i) Subscriber's name and mailing address; (ii) the current Service Address; (iii) the new Service Address (if applicable); (iv) the name of the individual or entity to whom Subscriber is requesting to assign this Agreement (if applicable) and the consideration (if any) proposed to be provided to Subscriber for such assignment; and (v) the proposed effective date of such proposed change or assignment. In the case of any assignment of this Agreement in whole or in part to another individual or entity, (i) such assignee's Service Address shall be located within NSP's service territory and within the same county as the Solar System or a contiguous county, (ii) such assignee shall be Creditworthy and shall execute a new Minnesota Community Solar Program Subscription Agreement substantially in the same form as this Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value 14 of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the aggregate amount of Bill Credits that have accrued to Subscriber, but have not yet been applied to Subscriber's monthly invoice(s) from NSP. (c) Upon any assignment of this Agreement pursuant to this Section 12.3, Subscriber will surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention of this Section I2.3 shall be of no force and effect and null and void ab initis. No assignment will extend the Tenn of this Agreement. If Subscriber terminates its retail electric service with NSP or moves outside of NSA territory without first transferring Subscriber's Allocated Percentage to an eligible transferee, Subscriber will forfeit its right to receive Bill Credits, but will continue to be responsible for the Payments under this Agreement until Subscriber's Allocated Percentage is transferred or this Agreement terminates pursuant to its terms. 13. NOTICES. 13.1 Notice Addresses. Unless otherwise provided in the Agreement, all notices and communications concerning the Agreement shall be in writing and addressed to the other Party (or Financing Party, as the case may be) at the addresses below, or at such other address as may be designated in writing to the other Party from time to lime. City of Monticello 505 Walnut St Monticello, MN 55362 [To be provided by Operator when known] NRG MN Community LLC clo NRG Renew LLC 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 Attention: General Counsel 13.2 Notice. Unless otherwise provided herein, any notice provided for in the Agreement shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, or transmitted by email and shall be deemed delivered to the addressee or its office when received at the address for notice specified above when hand delivered, upon confinnation of sending when sent by email (if sent during normal business hours or the next Business Day if sent at any other tithe), on the Business Day after being sent when sent by overnight delivery service, or 5 Business Days after deposit in the mail when sent by U.S. mail. 13.3 Address for Invoices. All invoices under the Agreement shall be sent to the address provided by Subscriber. Invoices shall be sent by regular first class mail postage prepaid. 14. DATA PRACTICES. 14.1 Data Practices. (a) Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on individuals is made available to the Operator by the Subscriber under this Agreement, the Operator will administer and maintain any such data in accordance with Minnesota Statutes, Chapter 13 (the 15 "Minnesota Government Data Practices Act'), and any other statutory provisions applicable to the data. If and to the extent that Minnesota Statutes, section 13.05, subdivision 11, is applicable to this Contract, then: i) all of the data created, collected, received, stored, used, maintained, or disseminated by the Operator in performing this Agreement are subject to the requirements of the Minnesota Government Data Practices Act; ii) the Operator must comply with those requirements as if it were a government entity; and iii) the remedies in Minnesota Statutes, section 13.08 apply to the Operator. (b) Consistent with Minnesota Statutes, section 13.055, if "private data on individuals," "confidential data on individuals" or other "not public data" are provided to or made accessible to the Operator by the Subscriber, the Operator must: i) have safeguards to ensure private or confidential data on individuals or other not public data are only accessible or viewable by Operator employees and agents whose work assignments in connection with the performance of this Agreement reasonably require them to have access to the data; ii) immediately notify the Subscriber of any unauthorized access by Operator employees and agents, and unauthorized access by third parties; iii) fully cooperate with Subscriber investigations into any breach in the security of private or confidential data on individuals or other not public data that may have occurred in connection with the Operator's access to or use of the data; and iv) fully cooperate with the Subscriber in fulfilling the notice and reporting requirements of Minnesota Statutes, section 13.055. The penalties in Minnesota Statutes, section 13.09 governing unauthorized acquisition of not public data apply to the Operator and Operator employees and agents. If the Operator is pennitted to use a subcontractor to perform Operators work under this Agreement, the Operator shall incorporate these data practices provisions into the subcontract. If the Operator receives a request to release data referred to in this section, the Operator must immediately notify the Subscriber. The Subscriber will give the Operator instructions concerning the release of the data to the requesting party before the data is released. 14.2 Data Sharing. Operator may share data with NSP in accordance with the terms set forth in the attached Subscriber Agency Agreement and Consent Form. 15. INSURANCE 15.1 Insurance. With respect to the services provided pursuant to this Agreement, Operator shall at all times during the tern of this Agreement and beyond such tenn when so required have and keep in force the following insurance coverages: Limits I. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: 16 Workers' Compensation Statutory If Operator is based outside the state of Minnesota, coverage must comply with Minnesota law. Employer's Liability. Bodily injury by; Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Operator to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, Operator shall promptly submit copies of insurance policies to Subscriber. Operator shall not commence work until it has obtained required insurance and filed with Subscriber a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Subscriber as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under the Agreement. Operator shall furnish to Subscriber updated certificates during the term of this Agreement as insurance policies expire. 15.2 Limitation of Liability. The Parties will not be liable to the other Party for general, special, punitive, exemplary, indirect, incidental or consequential damages arising from or out of this Agreement. The total liability of Operator to Subscriber under this Agreement will in no event exceed the aggregate of all payments made by Subscriber under this Agreement during the preceding twelve (12) months. Prior to the first anniversary of the Commercial Operation Date, the total liability of Operator to Subscriber under this Agreement will not exceed the estimated amount of payments for the first calendar year. That amount will be Subscriber's sole and exclusive remedy and all other remedies or damages at la%%. or equity are waived. 16. COMPLIANCE I6.1 The Operator must comply with all applicable federal, state, and local laws, rules, and regulations, including any ruling of the Minnesota Public Utilities Commission (PUC). 16.2 Under the PUC Order in Docket Number E002rM-13-867, dated, file Operator will, at the request of Subscriber, provide documentation of continuing viability of the System, including but not limited to providing proof of sufficient financing; possession of required permits; eertification of compliance with Federal Energy Regulatory Commission Forth 556; or proof that the Operator has sufficient insurance to cover the ongoing installation, operation, or maintenance of the System. 17. MISCELLANEOUS 17.1 Integration: Exhibits. This Agreement, together with the Exhibits attached hereto, 17 constitute the entire agreement and understanding between Operator and Subscriber with respect to the subject matter thereof and supersedes all prior agreements relating to the subject matter hereof. The Exhibits attached hereto are integral parts of the Agreement and are made a part of the Agreement by reference. 17.2 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Operator and Subscriber. To the extent any amendment changes Subscribers Allocated Percentage, such amendment shall include the representation by Subscriber set forth in Section 8.2(c). If in Operator's judgment any provision of this Agreement is reasonably expected to result in Operators non-compliance with any provision in the PPA or the Tariff (as may be amended or revised from), the Parties will exercise commercially reasonable efforts to negotiate an amendment to this Agreement to conform to the applicable provisions in the PPA or Tariff. 17.3 Cumulative Remedies. Except as set forth to the contrary herein, any right or remedy of Operator or Subscriber shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not. 17.4 Limited Effect of Waiver. The failure of Operator or Subscriber to enforce any of the provisions of the Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provision, in any other instance or of any other provision in any instance. 17.5 Survival. The obligations under Section 8.3 (Exclusion of Warranties), Section 9 (Taxes and Governmental Fees), Section 13 (Notices), Section 14 (Data Practices), Section 15 (Indemnification and Insurance), Section 17 (Miscellaneous), or pursuant to other provisions of this Agreement that, by their sense and context, are intended to survive tennination of this Agreement, shall survive the expiration or termination of this Agreement for the period of the applicable statute of limitation. 17.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to any choice of law principles. The Parties agree that die courts of Minnesota and the federal Courts sitting therein shall have jurisdiction over any action or proceeding arising under the Agreement to the fullest extent permitted by Applicable Law. 17.7 Severability. If any tenn. covenant or condition in the Agreement shall, to any extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the Agreement shall not be affected thereby, and each tern, covenant or condition of the Agreement shall be valid and enforceable to the fullest extent pennitted by Applicable Law and, if appropriate, such invalid or unenforceable provision shall be modified or replaced to give effect to the underlying intent of the Parties and to the intended economic benefits of the Parties. 17.8 Relation of the Parties. The relationship between Operator and Subscriber shall not be that of partners, agents, or joint ventures for one another, and nothing contained in the Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, 18 including federal income tax purposes. Operator and Subscriber, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. 17.9 Successors and AssiLms. This Agreement and the rights and obligations under the Agreement are binding upon and shall inure to the benefit of Operator and Subscriber and their respective successors and pennitted assigns. 17.10 Countemarts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument 17.11 No Reliance. Subscriber is not relying on any representation, warranty or promise with respect to the Solar*Rewards Community Solar Program or the Solar System made by or on behalf of NSA or Operator, except to the extent specifically stated in this Agreement. 17.12 Records-Keepine. Operator will maintain books, records, documents and other evidence directly pertinent to performance of the work under this Agreement in accordance with generally accepted accounting and utility metering principles and practices, including all meter production records and adjustments thereto. Operator will also maintain the financial information and data used in preparation or support of the cost submission for any negotiated Agreement amendment and provide electronic, printed or copied documentation to the Subscriber as requested. These books, records, documents, and data must be retained for at least 6 years after the term of the Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case the Operator agrees to maintain them until the Subscriber and any of its duly authorized representatives have disposed of the litigation or claims. 17.13 Audit. As required by Minnesota Statutes, section 160.05, subdivision 5, the records, books, documents, and accounting procedures and practices of the Operator and of any subcontractor relating to work performed pursuant to this Agreement shall be subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor. The Operator and any subcontractor shall permit the Subscriber or its designee to inspect, copy, and audit its accounts, records, and business documents at any time during regular business hours, as they may relate to the performance under this Agreement. Audits conducted by the Subscriber under this provision shall be in accordance with generally accepted auditing standards. Financial adjustments resulting from any audit by the Subscriber shall be paid in full within thirty (30) days of the Operator's receipt of audit. 17.144 Dispute Resolution. Claims by the Operator disputing the meaning and intent of this Agreement or arising from performance of this Agreement must be referred in writing to the General Manager of Environmental Services of Subscriber for a written decision within 60 days after the dispute arises. The General Manager of Environmental Services or his/her designee must respond to the Operator in writing with a decision within 60 calendar days following receipt of the Operator's claim. Submission of a dispute or claim to Dispute Resolution is a condition precedent to the Operator initialing any litigation relating to this Agreement. Pending final decision of a dispute, the Parties will proceed diligently with the performance of the Agreement. Failure by the Operator comply precisely with the time deadlines 19 under this paragraph as to any claim shall operate as a release of that claim and a presumption of prejudice to the Subscriber. 17.15 Goodwill and Publicity. Operator shall have the right to use graphical representations or photography of the System in marketing and promotional materials. Subscriber agrees to the use by Operator of Subscribers name as a subscriber, if applicable, in Operator's marketing materials in connection with the System and any future Community Solar Garden program or similar projects undertaken by Operator. Operator agrees not to disclose any other Subscriber information in connection with Operator's marketing and promotional materials. Subscriber agrees not to use Operator's name, logo. trademark, trade name. service mark. or other Operator intellectual property in any marketing or promotional materials without the prior written consent of Operator. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use and to help ensure that Environmental Attributes will be certified by Green- e® or a similar organization, Subscriber and Operator will consult with each other about press releases or public communications to help ensure that the Operator's rights to claim Environmental Attributes are not compromised while allowing both Parties to claim publicity. This section will not be construed to require Subscriber to obtain consent for any postings or publications required by law or undertaken by Subscriber in its capacity as a government entity. 17.16 Trade Secret Data Provided to Govemtnental Entities. Operator may provide data that it designates as trade secret to Subscriber. Under Minnesota Statutes section 13.37, subdivision 1(b), Subscriber is responsible for detennining whether data marked as trade secret by Operator qualities as trade secret under the law. For Operator data that Subscriber determines is trade secret, Subscriber will not share the data with any other Person or entity except as required by law. If Subscriber receives a request under the Minnesota Government Data Practices Act for access to data that Operator designated as trade secret but subscriber has determined is not trade secret, then Subscriber will use its best efforts to give the Operator ten (10) days' notice before releasing the data in order to permit the Operator to exercise whatever legal remedies are available to the Operator to prevent such disclosure. 20 IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their duly authorized officers on the dates set forth below. OPERATOR ~ r, By: Name: Craia Cornelius Title: President SUBSCRIBER By: Printed Name: d4�,,, Tide: 21 Exhibit A N,-.rthom Stales Powor Company a Minnosota aorp"ton M -neapota Mrtnesola 55401 MINNESOTA ELECTRIC RATE BOOK • MPUC NO.2 STANDARD CONTRACT FOR Section No 9 SOLAR'REWARDS COMi MUNiTY (Continued) Origins' Sneet No 1:9 Attaclrnerd W Solar'Rewsrds Community Subscriber Agency Agroemoni and Consort Form Tho rnders4ried ('Subscribor) ha: a StbscrVian to tro fcdbWng Community Solm Garden Community Solar Garden Name: Community Solar Garden Address: Community Solar Garden Operator. Community Solar Garden contact Information for Subscriber questions and Subscribers Account Number with Complaints. Northern Slate% Power Company: Address (If different from abovel; Tolophone number. Email address; Web Stte URL; Subscribe►Narne: Subscriber Service Address where receiving electrical servlet from Northern States Power Company: Subscribers Account Number with Northern Slate% Power Company: (Continued on Smoot leo fa-Wl pain rad 09.33.13 liy Diwf k1. Sparer CitcCipu Darr 09.17.14 Presaoni and CEO ol14D teem States Poop' Comite ey o Idrnnes�ta corpn-mon Ijrukr;fla 1`007 IA 13-W D:dur D:i;r D9-17.14 t, rte.-. 0-- E, of r-srart:+.�r.;..,.-ra:...1x•._t,m: e 22 Northern Sues Power Company a Minnesota corporaton Manoapohs Wrinoscro Z401 MINNESOTA ELECTRIC RATE BOON • MPUC NO.2 STANDARD CONTRACT FOR Section No P SOLAR'REWARDS COMMUNfTY (Continued) Onanal Street No ea By sgnilg thus Sotar'Rewards CommurrSy Sutnnriief Agency Apretimonl and Consent roan the Subscriber partes N to at of the tollowng I 1. Assranmem o' RenewpWe Enerai Credits CRECs'1. Eneroy aryl CapaCrty 10 KM!p States Power Cemnanv a hUnnrsota cemersclian Tho Suhsaibor aarccs thsil trrt: Community Gahm Garden OpefMor has Autrority to esslgn all eneTy proCuoed and capacity essoaaled with the pnotwWae energy system at tie Community Solar Garden to Northam S:stes Powor Compa iy and thr Subs:.rioer agrees not a' energy prodowd, and capacity assooated rnth tie Subsenoers share of the photovoltaic energy system a: Cie Ctmtmunny Solar Garden shall betong to Northam States Pourer Company The Subsoibor also agrees that the Community Soler Ga don Operator has authority to assign all RCCs associated w4h the pho!av-,&Ac energy syM" at Vie Comr wrhty Solar Garden to Northern States Paver Company, and that M the Communrly Sola• Garden or a person or errity on its bohaY has assigned VN: RECs to N"*tn States Power C rnpcny ttren an RECs assoaAled with the Subserber's share of the tnotovohsic energy systom at lite Community Solar Garden shat beton; t7 Northern States Power Company 2- Tex Irripftcabons- Tyre Cemmuny Soar Garoen Operator has pmvded tae Subscooet with a statement that Northtrn Stales Pcnw Company makes no ropmsentabons eonsc&ning the Unable c onsegcienees to the Subscriber wh resaea to Its Bin Cre1:s to the Stoscroer or otter tax Issues rete np to participation n the Community Solar GaVen fContm1mi as."whit Na 9.1;' I We I i td O t-: i 13 iiy IJatd It. Spa or F tle.l.f Ua1c Ua 17.1. Pxa;Iant 417d CCO c' Ncrthr'n Stats:. Pvrwr C";Inny, n 1.1: mrrnl:. urs paratlxl oorhet NC. EO02:lt :3-K7 Orde' Date 0-17.14 ;Cw-w. tl'.n G:•1�:1 :�t7lA,k.•r,�4Vi+-�'1�• tv. t!- 9 (r 23 Northern States homw Company a Knnemts oorporat-Y, Minneapolis Mnnosota 654;1 MINNESOTA ELECTRIC RATE BOOK • MPUC NO- 2 STANDARD CONTRACT FOR Smbon No 9 SOLAR -REWARDS COMMUNITY (Continued) OrV nal Shhtt No 91 3 Northern States PaAw Ccmpa•%y hereUy dasdows to the SUb6Wt*r that k resrogsfres that not at) produmtian nsk foam such as grit li1ure ovonts a+ atypical y ckw2f woaltxrr• arc within the Co•mnuny SoW Garden Operatar's control 4 Infprma'ron S.harlm PaMctpatrig in the Sole"Rewards Corrrmnitf Piogrom veal require sharing Subscriber's Aceourq Intormallon (name. amount nimber. se%. im address, telephone number email ady'ess weir site URL. inlomation on Subscribet parlripa!ron in other dratrewted gcnembon serving the =remiscs or the SuasubDr. Su76:rxer speerfu: tail Credn(s)) and Subscriber's Energy Use Data (the paq present and t,rtwe eleOlcity usage altrkwtaLle to the Subsa "t for the service address and acmwe nwnbtx denti'red for pathppa i In the Cerrmuw.y Solo, Garden) The fotaow+ng outlines the type of information that vii be shared, and hon, that inlorrnWam Will be tmod, a 4 ,tr`r}Zjkr's Accauz! Wornnt:on and SLA*Zn.9er Fnarev Usax DMn The Sut>xaibot crit [lora: t3 Northern States Power Company to provide rie Conrnututy Solar Garden Operator (and to Com nuivy Sols, Gnden Operator's designated subcen moors and ogerds) with the Subsciber's Acowni Information any SubscnDers Energy Usage Data as described In Section 4 above. Tnis intormaW n needed tD allow, the Comrrrudgy Solar Ga den Operator determine me extent to which the Subscribe= is enVW to potbopoto irl the Cornrnunty Solar Garden and to vatdate the a•no,nt of me EWI Credrts to be provided by Northern States Pover Caxnpanyto the Subsanbor The airman, data privacy polioes of Northern States Povor Company applcPW So its Sotar'Rewards Community Program provided to the SubscnW by the Community Solar Garden Operatne pursuant Scc!aon 3 albovc a•r. eadwd as Exhlw, 1 a! this Sarar'Ravtards Community Subscrlbor Agency Agrvomont and Consent Form, Ttlese privacy po4aes inrJude dehnlaons of'Subseritler s A=m nl Intornlabon' and'Subsonbefs Cnorgy Usaago Data • N {Colt many nt} ;twirl f;3 P7) Date t i'ed 119 319 15 By D9vd Fr. Slro7by EH-CIPA. Unto D9 i7.14 P.u5dcnl a -r -I CFF of tJnrthr•n S;nt= Po.w- Ctrr.pany n E.linrw xr corl+a itan Docket Nn E DDb•ld 13 867 Otdet Dau. D'y 17.14 Ltwr.tic.el:✓t`r/,.r�,;,,4.:.ii.c.�'X r.r}.. Nttl o�. 24 Nortnam States Power Company a IAnnesoca corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK • MPUC NO.2 STANDARD CONTRACT FOR Soctrun Na 9 SOILAWREWARDS COMMUNITY (Contintwdf Origrvl Sheet No 92 4 Irlfarmetron Sharirn (Ccntcrsuad) b Subumber's Sub4trrotra1 Inlormaton The Substmber out-tonres the Commurgy Solar Go -der. Dperator to providC inf=121, n to Northern States Power Company I3entdyin2 the Subscriber (wo:h the Subsalbela name sennoe adamss, and a=unt number) aid detailing the StAscridar's proportional ►ham In kilowvitts o' M Ca -nuwy Solar Garden and to prDvtda addrromf updates of this intormatiort to Northam States Power Company as c:ircurnstances Mango This information is noodod to alo a flortnom States Poser Company to prcPedy appy B,1 Credits for the photorvlllalc energy generated by die Community Solar Garden Also the InlDmtaSDn Is needed t,, allow Northern States Power Co'npahy to send to rw Subscribe+ nacos or other mailings porta ning to that• irmlvemonl in tee Solar Rewards Community Program. The Comminity Solar Garden Operator shay' not disclose Subs=ribi-: intormaton in annual roporss or other Public docurnonts absent expldl. Irdomted consent from the Sutra:riber The Community Solar Gardm Operator w4! not release any Subscriber data to third parties wcept t_ fulfA the regulated pwpows of tw SobarRowards Community Program, to comply tsitn a legal or regulatory requirement or upon septal iniamed consem from the Subscriber c- ADOMO@ted InkMabon Aggregated Wormation conourning produrtsmn at the Cornmutiy Solar Gardor, may ba pubbcly disclosed to support regulatory ow ilght of the Sola'Re'wards Cornmun-y Proplam This Includes arcual reports available to the public WAte:d to apedfa Community Solar Gardens, induding big not fiirnhod to produ=n frorn the Communrty Solar Gardens sine, location and the tyre of Community Salm Garden Subscriber groups, reporting on known complaints and ire resolution a'these: amrnpla-its less cns losrriad and arty Wlr'rha' chaigos to too Sola*Retards Commu" Program reDD ng on Bit Credits earned and paid and repmrtng an tee applicobon prooess Agg a gated iota metion will no Ida d fy Indiwdud Strbs ors or provide 5tibarriDor-5ped!r: Account I t!wrnaaon, Subscribe-Spa:Ific Energy Usa,Te Dale or Subscriber-spedfc BIG Cred.ts unless a 5u0=rrber provides explicit Infomed consent Dependirg on the nature: of the aggregated information, howrDvor. it may 40 bC possVe to Infer too amourr. of produ=n aCr =Pd to IndrAdual Suave ibem to tie Cbrnmurry Solar Garden The Subsvilaer agrees to iia induskon of rs produran knforrnntim in fhe ceatiort of tiro aggrogYCd iniorma iai The Corr. nu.". Sola- Garsen Operator oil rW. use aggregated information for purpose: unrefuted to the SDIaOReora'd: Community Program wuhout first pmvdstg notice and otrain&tg further co'rsont unless the aggrngated rr!ormatvn is at4orwisa ova#.ablo as publr: nlarmaton The policies of Northam States power Company rewo to sharing aggrepated Inlo(rnntion are pan o' the dam pWn y policies eonliirreed in the atta-hod E)Nblf t of Mr, Solpir'Rewards Community Subscriber Agency Agreement and Consent Form and shmuld be prov,yel L- the Suhscnw by the Comm:inlly Sobr Garden Operator pursuant Section 3 shove d Inlo—aticin Requests ham IN, M"1 117, aThr urrnaft'nrn', or Corm erre The Sutn.ribe• a,Tees the: the Community 5orar Garden Operator and rlortnern States Power Company errr authDn:ed tin Prov,de any in'}rnahon tnny passes retalud In til• S;ih%cnbrr of Ihr: S-A2=rhm's partiripatiDn in the Cornmin;ty Solar Garden to tie 1.iinnesV,t PuDht Ututies Carnmtsston (t CPUC ) the N.rtnes-Otn Department of Co mrneroe o' the flnnt-mvUj Ohba a' Atherley General, Ttti> i•r'orr:alran i; nrcdrd t;, itlow pro Cr rogua;a-y oversignf of ND^,hem States Poole• GD'ma^.y SW o' tw Solar'Rrwa'as C"rnU6.y lImprarn. (Canthi .nl on Sherr.' Na Ft.P3 Owl Ffod (*�P-:"i Hr. Devi: 1.1 SPO'hy IL Date t)_ 1714 Preslaent a}id C170 ul Uni-0nen, 1 iGrr. Pawrr Corm, . my, r. co =.-.lion Ooc-x! 14n C007R.1.13d1G7 Dolph Date 0.17-14 r .. . urs r. G! S rJC �h`a.M.fi.rvt.'r1 �.e.r.t% 4 • UC u_a 25 Norviem States Power Company a Minnesota corporation IUinnospotrs MinnosoSa 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO.2 STANDARD CONTRACT FOR Section No B SOLAWREWAROS COMMUNITY (Contlnuad) Onpina' Sheet W 97 4 Informat4n Sharma (Continued) N a D''o itv Rein, Northern States Pawn- Company shrill not be responsible for manitanng or ta4tn2 airy steps to ensure that the Community Solar Gander Operator maintains the contaentralAy of the Subscroar's Account Inlotmobon the Subscrtbar s Energy Usapu or the Br Credits raaoitind pertaining 1: t4a Subscriber s pallopatron m the Community Solar Garden However. Nxv*rn States Power Company snail remain Ita91e Or "am inappropriate rolease of Subucrbor's Account Informabon and Subsenbors Errepy Use Wta f Duston of Consent The Subscribe's mruarh b this Wo rnrwboh sh HrV shat be ongoing for too Term of the Cant -act between the Community Solar Garde- Operator and Norttem States Powert Company, or unit the Subscriber no longer has a Subscription to the Communry Sola Gurdon and the Community Soler Gs•den Operator nobf,es Northem States Payer [ornpany of this !s= through cite CSG Apph:M.oa System Provitdnd howcvr Vic Subscribets consent shal a)so apply Ihorealter to A such Informabon of the Sub6criber pertaining to that pegod of tore dunrtp which the Subscriber hag a SubserpWn to the Cornrnunlly Sofsr Garden p Mo0otitryl The above provisions aWressktp data privaci and ki Exhibit I shall toms., in pace untr and urrass oftr ropriromonts a'a adopted by the IIPUC ir) its gertenc privacy pmoeedirg Docket N..- E.G9D9'CI- 12-1344 or other UPUC Orde Northern States Pone- Company shalt fie neceuay revisions to its tariffs and contraM in thirty Iia) days of strh Otter Subscriaers Name Subscriaer s Stpna'um Date iCoatrrutd err Slrtcl No S-94) UMe FIID W-3 43 by David PIS Sparb} Lflert ee Dale 0 t t -t4 bra:winrt' nix! CFCT t;! I�ortru:;;r Sta!tr; Pu�v,c- Cn•ntr;rai a 6t •tnesnt,7 t:5•pntatn^ Uar*c*, c L0.31-13-807 Ordo, Uate 0a 17-14 E rh+»M hr's rte ti:�L':!'S' hlW rr. brr'lf �L.rr-7Vr n Mer 26 N:)niwrn States Paver Company t+ Minnesota oorporabon lRsmneapobs, Minnesota %4D1 MINNESOTA ELECTRIC NATE BOOT( • MPUC NO, 2 STANDARD CONTRACT FOR Sacton No 9 SOLAR'REWARDS COMMUNITY (Continued) Onginaf St*m PID 94 Eahlbit 7 to Attachment "A' to Solar'Rowards Community Subscriber Agency Agreement and Consent Form Data Privacy Policies of Northam States Power Company Pertaining to the Sotar'Rewards Communmty, Program The dots pilvoy Nine& o! NoMmm S'sdes Poor Compan} prta.ning in the Solar'itewaf0% Cornm,mlty Program art as follows anj may be omanged from tree to tmma as filed h the Cornaanys tend or ab otnermse may be autj%-sized by the Minnesota Publi: Uritdies Carwressfon (MPUC') Definittont Unk:as ind ca`od o'herW$e, Lye same definition amd meaning o! terms in this docurnenl ate the sane ab corr.Armed in the Standard Corraact fa! Solarkewards Ccmmmualry. For eabe of reference. here ore same of time spedf. definitions 'Company, means Not mem States Porter Company, a Minnesota coWta:rrm and Its el}dates and agents 'Subscrloed Energy menu eiadndty gefterated by the PV System attributable to the Srrbaamaers' Subsampbons and delivered to tot Cornpmny at the Pradwlixm Metor on or after I* Date of Cunmardo' Opembon 'SLbaaibee moans a ricta,9 customer of the Company who owns one or more Subsrrp!*= of a eommmundy sotir garden intartonneaed vvM the Carnwy. 'SLwalaers Acceumt Intommaian' consists of the Subamtws nam. aCoount rr. niber, se vmoe address, telephone nu+nba, nmai w5dross, xob s�r: URL intormalmn on Subscribe partatation in other dmitrbAod gone-:mtan srrm:mg tuna promises o'toe Subscriber, an7 Subs:ribea spec le 810 CreQA(b) 'Subscrr.7ers Enefgg, Usapc Data' imctudes the past. p-emnl and firre electwAy usage e!:ribrr-Bble is the Subs; r3cr to- tho service addrr4s and nocoLnt nwnbc:r idnm'iW for participatior. In Ph, Community Sax Garden. (Cant-axti m Shm! flo fm -St° Dal+- Fied 06 3D 1.3 By David M Spaiby Lfter—,ive Date 0? 17-:4 t'rr: idrv: nn; C170 of t4w,hr-n State_ Perctt Company it h innc-o:i•. cofp:cnliam DLe,ke.' NO I-X21M 13 -be, 0102r Date Cn 17 14 :.S+r-�-5'c�[i.:K mY_•4�L'/1Y[i':.JY•f.J" NC1.•� G MO 27 Northam States Power Compaq, a tAinnosota corporp5on Minneapolis, MinnaWa 55407 MINNE50TA ELECTRIC RATE BOOK - MPUC NO.2 STANDARD CONTRACT FOR Soctxm No D SOLAWREWARDS COMMUNITY (Continued) Orig-nal Shoat No 85 This ao=n addresses how Subscriber's Account Informaton end Smnscnoer's Er gy Usage Data will be col4x:tod used I and sha'ed as pan of partidpation in the Solar'RL- ards Communilr Program _$kw-Winscriber's At c4Unt lnlprmalion and Eneray Usage Data Mnll 8e Eseharrtscd a Subscriber Spodfar In formation Once a Subsenoef has executed a Subsonber Agency Agreement and Consent Fong, en ongoag da s exchange ya_ O=T botwaan the Company and to ComrnunN}' Saar Garden Oporvor (and thoir desi,Tnatod suboontraclors and agents) (I) The Company v-0 d:sclw& the faliowing Subacraer-specific infomlabon to the Carr-nw*y Solar Garde -n Oparwo- • Subscsibt:-'s Account knfb'mbon ers • SubscribEnergy Usage Data Bill credits The Corrvn rrity Solar Garden Operator will disclose to the Company the tello dryd Subscrber-swific Information. + Subsvibtes Account Inhxrnabxm Community Solar Ga den Atiocrion for ea:h SUb*=ees Subscription states jr. kl '�' • Production data metaled to the PV System • Monthly Subscription Intonnat;on b Ag;regatod Subscriber Intarmabon Ap9mpa7od Sibscnoor information will be reported as Pan of Pefmit.W Publi: Reporting oullined In St'cbon 2(b) balo.% To be Domsitereo'a,Tgrngatad' the reporttd informatmarr must include information altributn* 10 all SUbstsibl4s ph li=spalang in is specific 5olar'Rewards Communky Program e4e Which based on pWrahm reaUtemenis w1i contain a minimum of five Srbscibars Dopendirg oh the nalure of the o;gregatad information hormver. Itorn the information Worto or in comb nation with ober publicly avalable lnformalior. II map edit be possiWc to Inter the amount of prodittn" alutbulP" to individua SUbscroers to the Community Solar Garden_ f, (Contrnjed Cn Shoe: No (l -i -a) mrii rrrd DF•30-73 fly Davkif.t Spa -by Flluct01-Date 4317-t4 PrOWE'nt an] CLD of tta'thcrn States !'over Company a tlrnnesota r-DWin,ion rr.+_ir•t tit' F'Wrl.13 I3r37 Ordw Va to 4n IT 14 :%:- 9-t"'.3 G4 Northern Steles Power Company, a Idrnnesots mrpora'.ien Minneapolis, IArrcteaola 564Ot MINNESOTA ELECTRIC RATE BOOK • IIPUC NO.2 STANDARD CONTRACT FOR Sarson No 9 SOLAR'REWARDS COMMUNITY (Conlinuadl Original Shea' No 94 New Subscribries Information AViII By Used The lollumn g &Amus how the Subscrber's Amount Intomhabon and Subscriber Fnergy Usage Data will be used as part of the Solar'Rmmrds Gommv*y Program PrDg-am Manapemere As pat of adminiiiWing Caro Sotar'Rtwa ds Community program the Sola- Garden Operator and thr Company may provide intomtalmn related to the Subscrilw andror the CanvnaVu Solar Garden to • the MPUC • the Minnesota Department o! Commerce • the MmrK sots Of%ca of Attorney General • Othe, Wrernmentat or pnvate arftes as required W lea or ro7:dakm AdditxvWly, as part of ai nuristemg the Saiar'Rewards Crrnmurey program the Company may share Subscriber's Acoaunl Information and Subseibor'c Erwgy Usage Dalm to sorvico proa*m agents or contracted ageres who support the program on ifs behalf The Company prohbits these wnnoe providers from using or dmCknrip the Subsrsibees informallon except as necessary to perforin ereao iipadfc strviocs Or O ccm* wish legal ragrcnmords Ukro informabon about the Company's general privacy lomcbms is exp&alned in Its Pnvay Policy available on Permihw Pubbc Reportng The Sulsscr bees Energy Usage Da:a or each parudpa'ang Sub%o iboi to it Community Sd it Garden will be c mbrnld and reported In the aggregate q the Communiry Solar Ga -den Operator in es annual upon on the SotarRewaras Comm-inity program The Ideregy of specdc Subsrsibem the "clic Subscriber s Aeaount Information, SubscdWs Energy Usagc Data end Subs Baer-spe r t: B.' Creel : will not be listed In the public annus report unless the Subsvleer has provided Cie Conuntly Solar Gardaa Operator will% prior wrinen consent Par the teq.rin Tbmh- of thr hIPUC, the Company will provroe to the MPUC annus! rf, ortf. which will Indio% nformaWn or data requested by the MPUC or Minnesota Department o' Commerce IFrJw ng tie falloWng: • Repanrng on Solar•Rewards Cornnwnlly program costs Lndsdrrra wi analysts of the depos!, eppi la!, :n partidpa:rr, and me:eving fees and futher justification tar these fees going forward; • RoporWkr on the Sotar'Rewards Community G.irdc•nS. indlydinfl bVt = Ami:rd to site locabor and the h'pe o' SolaORewnnfs Corrrnun s subscriber groups. • Repomag On%na'Atr CMIislnts and the tesotuborr or ttrese complalntn, • Acopy c'. each contras: sVnoy with a Community Solar Ga -don Operator, i1 not previyrs>i Med • Lessors leaned and airy pe0enrlio' drmrget, tz� the piog-arr • Repo-. on pit cro3 s oam[d aid paid enf the • 1kjA.=I.0n pnozxmu lCont-huW on Sticat Na P p7l [late 00.3J-13 8y Uavd l: Spnrti Lht:t tv Uate Oc 17-14 P:eaztent V-0 Cf ;1 C' Nerltir 1n Sta:r - PDe4V Car :rr} : Id nhn:-n1, WT Orr• -:r CIO:$v NZ). E0'T2T71.•:3-8G; r.4.•w•WCf'nr G:+L!'!'LfVL':Ratl'!3J•nl.'A a. -d, hirci„ 29 OWU ODIC W 17 lop. Nwtnem States Pother Company, a Minnesota corporation Minneapolis, Minnesota -16401 NUNNESOTA ELECTRIC BATE BOOK • MPUC N0.2 STANDARD CONTRACT FOR Stiction No 9 SOLAR'REWARDS COMMUNITY (Continued) 1st Revised 5neet No 1+. 2 How Subscribers IntprMstipin WI11 Ba Used IConl;nued C Prohoited Reporting or Shang ExcW. as aJre.-wise provodod in th:3 doeumortt. the Company %i not desdoac the Subsmoe�s A=uni Information Subscribers Energy Usage Data or Subsodber.specifir iia, Credits to a tivd party aithotq first atrtariing the SAP%ccitxr's wri'ten consent Any requests by the Community Soler Ga -den Operator to tna Company far hlorrrw.cn about a SabscnDw that is nx Subscribes Account tntormalion or Subso*er's Energy Usage Data wilt repuire esacrtion a' a separate written consrM by the Su`arriber. Notwithstanding the prcwious Va:emenl, the Company wit not provide the Cammumty Solar Garden Ope.ator with the Suh! cro b re Sabal Security Number nrrlrs7 drected 1- do to by the MPUC at Atrnnesot:. Deportmtint of Ccimmeroe or compaifed by law or regulators 3. ,Subacrlber Dots Access and Cormctlon Tne follovving outlines what info -matron is evallahle to the Subsrrite- from the Company and the Communty Sola' Garnett Operator, and methods at conect.-ng any tnaacuaaes a Information Avallublo tram the Company Srsbscs2x rs can contact the Carnpany s call center to obtan Warmabon portairw g to choir "Czft_ Hill Credit attribulabb 10 their parb.imtion in 5dar'Rewards Conrnunity Program The cmrrecoo n of any allocation of prevtously-applied Hip Credits wrt:rV Subscriber& or poyments to the Community Solar Ga -don O,anralat for Unstb*Vilaad Energy peruming to a partaiar macho we to any inaccuracy reftected in such 10lon7sy SubazinV1131 IrttormaLors Min regard to a SL*sCriber's Subsaipbon in the PV System and thr. bene:fiaal share of photovdtac anergy produtod by tlw PV System. of the shah o' UnbuDsWbad Energy, that be the Lull responslb]MV of the Community Saar Garden Opera:D, unless such 1na:crrade5 tin casrsed by ow Company . Subscribers may also obtain tmm the Co•npany the f00aw1rt0 inlotTrI0011 ra':+tad 10 tIC Solar'Rowards Corrrnun'ty Program without obwWr g whiten consent from the Community Solar Gs -den Operator t Community Sdar Gargan MJ -ass • Operator name * Nnmap'.ate capaaly Producs,on data related to the PV system • RP Cmd,1 Rate and total.. u- nount of 1301 Crofts app?-od to the PV Syslom • Any Whet Informatior pertoWnl to the Subaefsbees Subscription Otnor information uV. nrdina lhr. Camm;may So nr Garcon Operata s.narrn to the CoTipany will not tx, citulosod un'-aas too Sul,scribe• obtaris prof e-Rtte'! friformed fnnsemil Irom Liu C:omnrxnity 5atat Gorden Ope•a:a, a, urs'est chased to d0 to try Ow MPUC a• Minw.sc.a Dopa-t•ttm, at CnWnmoree ar nomlfelnrd by lair nr Wgdatari {Contrite.- on. 5rwitt Ni) 9.951 Datc fiird 07•; t•:0 By Christaphr•r 13 0w34 Fftecuvr, fui, 0A 1 t,fC President Northern States Pumw Company, in fAirriesota curpusatiui. W'cktfio. E401rf.115.I1E,7 Odorpatt 30 Northern States Powe Company, a Menesota caporalrrl PAinneapot,s. Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO.2 STANDARD CONTRACT FOR Section No 9 SOLAR'REWARDS COMMUNITY jCon9nued) OngTnal Sheet No 98 1 ' ' - ! ' 'alt' 7 'al • !1 ! '1' Inlomeathvn Available from the Carcnunity Salm Garden Oporato• tubscinbers and pmspectrre suoscrioe a can contact the Community Solar Ganten Operator to dxa n the folio% -ng information' • ruturr oos's aro benefts of the Subscnphcn, Indudeig I All howetutnng (a e, one trne) czurrpcs, li All rewmnp charges, lir Terms and conditions of serlace, Iv IShetheT any charges may increase during the course o1 senxe. end i1 so 117x, much aavanx notice it pavded to the Sutxiexr:her, v Wthethw the Subscriber may be reguirec to sign a term conte. of Terns and coridibons for emly termination; vii Any perrathes that the Commursrty Sola, Garden may charge to the Subscnoer, viii The proxss for unsub=iVng and any associated costs It. Ae eizptanahon of the Subscrioer data the Commurey Sola- Garden Operator will share witn Northorn States Power Company and tha! Northern States Power Company Wo shwm wkh the Commun:y Sotar Ganien Operator. x. The data privacy policies of Northam States Paver Company and at the Community Solar Garden Operator A The mothod or provid rip nar:x to Subscribers wfhen M Conn»unity S7hr Garden is out d service, ndudlrrj notice of estimated len;rh and tans a' productom xii Assxrance that PJ instaIxtiorn, upgrades and repairs w31 be undo• d•ect supervision of a NABCEP-certified solar professional and that maintenance v& be performed acoo in; to industry standards, Including the recd nmendabom a' the manuhCarcrs of solar parents arid other operational enrnlaanerrIs xiii Wlacation of uns.rbsahbed production; and xi,,. A sta•enient mat the Community Solar Ga -den Operator is solely responsrda for reWeN any d=jWt; with tlorthem States Power Company or the Subseribor abme. the a=racy of the Community Solar Garden production and that Nxthem States Parer Company rs sorely r*W*rtsibte for tusolvinp any (Ihspnrrs with the Srbsznbcr Ptime the apph--nble rale used to deternnlrw the amount o! t're Bill Croda. • Copy of the roti aG wim Northem States Power Company for the Sola^Itema ds Community Program • Copy a' the solar past warranty • DescnpWn of me comprnsalian to be pmi! for any unde'pudormanoL • 11tow of hyjmnx • pica' of a Ixhp-term mairrfenrinm ll)Utl • Current produce prt ecthans ons G description of the me%odoloay Usti_ to develop prodaGion "eZons • Community Solar Gar un O, orutor c xh:ad intarmalion for girosbons a -id corn. -gaits • Demonttrnt Un t. the Sulescrke:r by llie Ccaanunily S::x Ghnien O;,--atrn Put It has a:dhderil funds to eperntL and nra ..an V* Sotar'Ite+eord_ Gommanity Program N ICea• n:le7 nn Sinop No. I p4 Date f'itpd W-210.15 By Davrl f,' Spamy rHr="ev riatc OD•17-lt prL-minrht and CUO u! Nort rens Stales iowe' Company n lhnnesoLl co'Porat,on DockvlNo E002a3•13-867 Ot1r.'Dritc Gfr•17•14 l:7rr+•n Qrx-.I ;:f:rhrAA.1-.b,rwr.Ja•_.ry:,.9t.,lnr 31 Northern States Poems Company. a IArnnesata corporal.,,, Minnoapolis Minnesota !,5401 MJNNESOTA ELECTRIC RATE BOOK - MPUC NO, 2 STANDARD CONTRACT FDR Serdixr Nv G SOLAR'REWARDS COMMUNITY (Continued) ta• Revised Shell 11:, 9B 21MI• i ]Tfa1377!I3%x-TT—n T7TI •.,� ��?� Informebon Available from the Community Soar Garden Oporatw (Continued) The Community Saar Garden Operator Is sorely responslble tow the a=ura=y o'Vie S,rt»oU*rs vote at the Community Solar Garden prof.,dion information forwarded to the Cornpany. Ind should resolve filth tno Subs_rlber any d-spute rapard:np the axurscy of such Intomratlon. Subscribers can sutrnn onrnments to Cie Company on Cie aoouiaq and =nptelennss of is anmol report by corftctrng SRCIM Keeteneravcrrn A. Data Retontlon The Company wit wain tlw Subscnbors Aamrrl Io!nn, tam, Subs_nt>et's Energy Usage Ga18 end Information on Bil Credits for as Itzrg as rearired under applicable taw. Ifplr F,cs 07.21•ty by Chr,Staphe b Gla4.. Ple-li„c, Vali: 03 1I -IG Pl9.M3dVnl NOIIIIW;: 5=11. PITWW 17.07114111f wt MiFIX:6at0 Corpa-atbn Do:J,c, tk- 0= 4-1-3-1107 Order Date t)J-: 1.1E 32 I . Financin , Party Conditions. In order to finance the development and operation of the System, Operator may borrow money from a Financing Party (as defined in the Agreement). Subscriber acknowledges that Operator may finance the acquisition, development, installation, operation and maintenance of the System with financing or other accommodations from one or more financial institutions and that Operator's obligations to the Financing Party may be secured by, among other collateral, a pledge or collateral assignment of the Agreement and a first priority security interest in the System (collectively, the "Security Interest"). In order to facilitate the necessary financing, Subscriber consents to Operator's granting to the Financing Party the Security Interest. Subscriber acknowledges and agrees that: (i) Subscriber and all of Subscriber's rights under the Agreement are and will be subject and subordinate to the Security Interest (and as later modified by any and all renewals, modifications, supplement, amendments, consolidations, replacements, substitutions, additions, and extensions); and (ii) no amendment or modifications of the Agreement is permitted without the Financing Party's written consent. 3. Financing Party's Default Rights. If Operator defaults under the financing documents with the Financing Party, the following provisions apply: A. The Financing Party, through its Security Interest, will be entitled to exercise any of Operator's rights and remedies under the Agreement. The Financing Party will also be entitled to exercise all rights and remedies of secured parties generally with respect to the Agreement and the System. B. The Financing Party will have the right, but not the obligations, to pay all sums due from Operator under the Agreement and to perform any other act, duty, or obligation required of Operator, and to cure any default by Operator in the time and manner provided by the ienns of the Agreement. Nothing requires the Financing Party to cure any default by Operator (an "Operator Default") under the Agreement, to perform any act, duty or obligation of Operator under the Agreement, unless the Financing Party has succeeded to Operator's rights under the Agreement, but Subscriber hereby gives Financing Party the option to do so. C. If the Financing Party exercises its remedies under the Security Interest in the System, including any sale by the Financing Party, whether by judicial proceeding or under any power of sale, or any conveyance from Operator to Financing Party (or its assignee) in lieu of sale, the Financing Party will give Subscriber notice of the transfer or assignment of the Agreement. If Financing 33 Parry exercises these remedies, it will not constitute a default under the Agreement, and will not require Subscriber consent. D. Upon any rejection or other termination of the Agreement under any process undertaken with respect to Operator under the United States Bankruptcy Code, Subscriber agrees to enter into a new agreement with Financing Party or its assignee under substantially the same terms as the Agreement if Financing Party so requests within ninety (90) days of the termination or rejection of the Agreement. E. At Operator's request, Subscriber agrees to execute and deliver to Financing Party and Operator such acknowledgment consent as may be required by Financing Party and in which Subscriber acknowledges and confirms that the legal and beneficial owtwrship of the System remains in Operator, or its affiliate, and that the System is the property of Operator, or its affiliate. 3. Financing Party's Right to Cure. Regardless of any contrary terms in the Agreement: A. Subscriber will not terminate or suspend the Agreement unless Subscriber has given the Financing Party prior written notice of Subscriber's intent to tenninate or suspend the Agreement describing the event giving rise to the alleged Operator Default, and provide the Financing Party with the opportunity to cure the Operator Default within sixty (60) days after such notice or any longer period provided for in the Agreement. If the Operator Default reasonably cannot be cured by the Financing Party within the period established under the Agreement, and the Financing Party commences and continuously pursues the cure of such Operator Default within that period, the period for cure will be extended for a reasonable period of time under the circumstances, but not to exceed an additional thirty (30) days. Operator's and Subscriber's respective obligations will otherwise remain in effect during the cure period. B. if the Financing Party or its lawful assignee (including any buyer or transferee) acquires title to or control of Operator's assets and within the applicable time period cures all defaults under the Agreement existing as of the date of such change in control in the manner required by the Agreement and which are capable of cure by a third party, then the Financing Parry or such third party buyer or transferee will no longer be in default under the Agreement, and the Agreement will continue in full force and effect. C. At the request of Financing Party and. --'or its assignee, Subscriber agrees to execute and deliver any document, instrument, or statement (but not including any payment) required by law or otherwise as reasonably requested by Financing Party or its assignee in order to create, perfect, continue, or tenninate the security interest in favor of Financing Party in all assets of Operator, and to secure the obligations evidences by the Security Interest. 34 Solar System Site Location Anticipated Commercial Operation Date: Solar System Size: Exhibit C Deserintion of System Stearns County September 1, 2018 1,000 kw (AC) (representing an initial estimate, which may vary depending on the final design of the System) Retail Service Address: 1401 Hart Blvd, Monticello, MN 55363 Premise #302631357 Account #51-6572904-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 43.96%) Subscribers Allocated Percentage: 1401 Hart Blvd, Monticello, MN 55362 Premise #303230634 Account #51-6572904-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 56.04',N)) Allocated Percentage: 40% 35 Exhibit D The kWh Rate shall be 11.90¢IkWli ("k%Vh Rate") with 0% annual escalator Estimated Annual Delivered Ener y Estimated Annual Delivered Energy commencing on the Commercial Operation Date, and continuing through the Term, with respect to the System under the Agreement shall be as foiloi%s: _F .er _ b ! Estimated Annual Subscrfb�4 Allocatjdj mated Electricity I Allocated t. Al 1 2,005,500 40.0% 802,200 $0.1190 2 1,995,473 40.0% 798,189 $0.1190 3 1,985,495 40.0% 794,198 $0.1190 4 1,975,568 40.0% 790,227 $0.1190 5 1,965,690 40.0% 786,276 $0.1190 6 1,955,861 40.0% 782,345 $0.1190 7 1,946,082 40.0% 778,433 $0.1190 8 1,936,352 40.0% 774,541 $0.1190 9 1,926,670 40.0% 770,668 $0.1190 10 1,917,037 40.0% 766,815 $0.1190 11 1,907,451 40.0% 762,981 $0.1190 12 1,897,914 40.0% 759,166 $0.1190 13 1,888,425 40.0% 755,370 $0.1190 14 1,878,982 40.0% 751,593 $0.1190 15 1,869,588 40.0% 747,835 $0.1190 16 1,860,240 40.0% 744,096 $0.1190 17 1,850,938 40.0% 740,375 $0.1190 18 1,841,684 40.0% 736,673 $0.1190 19 1,832,475 40.0% 732,990 $0.1190 20 1,823,313 40.0% 729,325 $0.1190 21 1,814,196 40.0% 725,679 $0.1190 22 1,805,125 40.0% 722,050 $0.1190 23 1,796,100 40.0% 718,440 $0.1190 24 1,787,119 40.0% 1 714,848 $0.1190 25 1,778,184 1 40.0% 1 711,273 $0.1190 * For the purposes of the table Tenn year I shall commence on the Commercial Operation Date The values set forth in the table abo%e are estimates of (i) the kWhs of Delivered Energy expected to be generated annually by the System and (ii) the portion of the Delivered Energy generated annually that is to be allocated to Subscriber pursuant to Subscriber's Allocated Percentage, which amount is derived by multiplying the estimated Delivered Energy by the Subscriber's Allocated Percentage in each year. The table will be updated upon final design of the System. provided, hox%ever, any such updated values shall also be estimates and in no event shall any such values (whether or not updated) be considered to be binding in any „ay on Operator. 36 Exhibit E Termination Fee 1 40.00% $873,535 2 40.00% $853,392 3 40.00% $832,483 4 40.00% $810,762 5 40.00% $788,185 6 40.00% $764,702 7 40.00% $740,261 8 40.00% $714,809 9 40.00% $688,287 10 40.00% $660,636 11 40.00% $631,792 12 40.00% $601,687 13 40.00% $570,251 14 40.00% $537,408 15 40.00% $503,080 16 40.00% $467,184 17 40.00% $429,630 18 40.00% $390,328 19 40.00% $349,179 20 40.00% $306,080 21 40.00% $260,921 22 40.00% $213,590 23 40.00% $163,963 24 40.00% $111,913 25 40.00% $57,306 * For the purposes of the table Term year 1 shall commence on the Commercial Operation Dale ** The Termination Fee is based on the Subscriber's Allocated Percentage at the time of termination. The Termination Fee listed on the Effective Date is based on Subscriber's Allocated Percentage on the Effective Date. 37 Exhibit F Legal Description [To be attached within 120 days of execution of the PPA) 38 COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENT Solar Garden WHEREAS, NRG MN Community LLC ("Operator") intends to construct, install, own, operate, and maintain a solar photovoltaic System at the Premises described on Schedule l; WHEREAS, the Parties intend that, pursuant to the Tariff' and the Power Purchase Agreement ("PPA"), the System will qualify as a Community Solar Garden and will generate Bill Credits to be applied to Subscriber's monthly invoices from Northern States Power for the retail electric services at the addresses listed in Exhibit C (the "Service Address"); WHEREAS, City of Monticello, a public corporation and political subdivision of the State of Minnesota, by and through City of Monticello, having an address at 505 Walnut Street, Monticello, MN 55362, ("Subscriber') is willing to purchase, or pay to be allocated, Subscriber's Allocated Percentage as described in Exhibit C of the Delivered Energy to be generated by the System commencing on the Commercial Operation Date and continuing through the Term, and Operator is willing to sell, or cause to be allocated, Subscriber's Allocated Percentage of the Delivered Energy to be generated by the System to Subscriber commencing on the Commercial Operation Date and continuing through the Tenn, as provided under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing recitals, mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. DEFINITIONS. 1.1 Definitions. Capitalized terns are defined as follows: "Affiliate" means, with respect to any specified Person, any other Person directly or indirectly controlling, controlled by or under common control with such specified Person. "Agreement ' means the Community Solar Garden Subscription Agreement which consists of this agreement and all exhibits. "Applicable Law" means, with respect to any Person, any constitutional provision, law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction, registration, permit, authorization, guideline, Governmental Approval, consent or requirement of any Governmental Authority having jurisdiction over such Person or its property, enforceable at law or in equity, including the interpretation and administration thereof by such Governmental Authority. "Bankruptcy Event" means with respect to a Party, that either: (i) such Party has (A) applied for or consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or 1 liquidator of itself or of all or a substantial part of its property; (B) admitted in writing its inability, or be generally unable, to pay its debts as such debts become due; (C) made a general assignment for the benefit of its creditors; (D) commenced a voluntary case under any bankruptcy law; (E) filed a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or composition or readjustment of debts; (F) failed to controvert in a timely and appropriate manner, or acquiesced in writing to, any petition filed against such Party in an involuntary case under any bankruptcy law; or (G) taken any corporate or other action for the purpose of effecting any of the foregoing; or (ii) a proceeding or case has been commenced without the application or consent of such Party in any court of competent jurisdiction seeking (A) its liquidation, reorganization, dissolution or winding -up or the composition or readjustment of debts or, (B) the appointment of a trustee, receiver, custodian, liquidator or the like of such Party under any bankruptcy law, and such proceeding or case has continued undefended, or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continue unstayed and in effect for a period of 60 days. "Bill Credit' means the monetary value of the electricity generated by the Solar System commensurate with Subscriber's Allocated Percentage, as calculated pursuant to the PPA and the Tariff, and credited to Subscriber by Northern States Power Company ("NSP") on its monthly invoice for electric service at the Service Address in accordance with the PPA. The Bill Credit Rate to be used by NSP is the Enhanced Bill Credit as provided in the PPA as the Operator must transfer the Solar Renewable Energy Credits ("RECs") to NSP under the PPA unless directed otherwise by Subscriber. "Billing Cvcle' means the monthly billing cycle established by NSP. "Business Day" means any day other than Saturday, Sunday, or a legal holiday. "Creditworthy" means a general obligation bond rating of (a) Baa3 or higher by Moody's, (b) BBB- or higher by Fitch IBCA, or (c) BBB- or higher by Standard and Poor's; or, for non-governmental entities not rated by Moody's. Fitch IBCA. or Standard and Poor's, an equivalent credit rating as determined by Operator through review of such entity's (x) most recent three (3) years of audited financial statements with notes, or, if such audited financial statements are not available, (y) most recent three (3) years of unaudited financials (prepared by an external accountant, if available) including income and cash flow statements, a balance sheet, and accompanying notes, if any, for each. "Date of Commercial Operation" means the first day of the first full calendar month upon which commercial operation is achieved following completion of all Interconnection Agreement requirements and processes, as defined by the PPA executed by the Operator and NSP. "Delivered Enerav" means the amount of alternating current (AC) energy generated by the System as inverted to AC and delivered to NSP at the Production Meter (as defined in the APA). "Early Termination Date" means any date the Agreement terminates other than for expiration of the Tenn. "Effective Date" means the date on which the Agreement is signed by authorized representatives of both Parties in accordance with Section 2.1. "Environmental Attributes" means, without limitation, carbon trading credits, Renewable Energy Credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, N or Green -e® products. "Estimated Remaining Payments'"means as of any date, the estimated remaining Payments to be made through the end of the Term, as reasonably determined and supported by Operator. "Expiration Date' means the date the Agreement terminates by reason of expiration of the Term. "Financing Party" means, as applicable (i) any Person (or its agent) from whom Operator (or an Affiliate of Operator) leases the System, or (ii) any Person (or its agent) who has made or will make a loan to or otherwise provide financing to Operator (or an Affiliate of Operator) with respect to the System. "Governmental. Approval" means any approval, consent, franchise, permit, certificate, resolution, concession, license, or authorization issued by or on behalf of any applicable Governmental Authority. "Governmental Authority" means any federal, state, regional, county, town, city, watershed district, park authority, or municipal government, whether domestic or foreign, or any department, agency, bureau, or other administrative, regulatory or judicial body of any such government. "Guaranteed Output" has the meaning set forth in Section 7.3(b) "Installation Work" means the construction and installation of the System and the start-up, testing and acceptance (but not the operation and maintenance) thereof, all performed by or for Operator at the Premises. "Interconnection Agreement" means the Interconnection Agreement entered into or to be entered into between Operator and NSP as required by the PPA. "NS" means Northern States Power Company, a Minnesota Corporation and any successor thereto and Xcel Energy Inc., to the extent it has control over NSP's business. "Person" means an individual, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, firm, or other entity, or a Governmental Authority. `'PPA" means the standard Power Purchase Agreement for Solar*Rewards Community to be entered into by and between Operator and NSP whereby NSP agrees to purchase all of the energy produced by the photovoltaic Solar System and to pay for such energy by providing Bill Credits to Subscriber (and other Subscribers). A copy of the PPA will be attached to this Agreement as Exhibit A. "Premises" means the premises described in Exhibit C. "Shortfall Amount" has the meaning set forth in Section 7.4. "Solar Incentives" means any accelerated depreciation, installation or production -based incentives, investment tax credits and subsidies and all other solar or renewable energy subsidies and incentives. "Subscriber's Allocated Percentaue" means Subscriber's allocated portion, stated as a percentage, of the Delivered Energy in a given month, as described in Exhibit C. "Stated Rate' means a rate per annum of 1.5°Fi). `System" or "Solar System" means the integrated assembly of photovoltaic panels, mounting assemblies, inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects, combiners, switches, wiring devices and wiring, more specifically described in Exhibit C. "System Operations" means Operator's operation, maintenance and repair of the System performed in accordance with the requirements of this Agreement. "Tariff' means the Solar*Rewards Community Program tariff in NSP's rate book. "Termination Fee" means a fee payable by Subscriber equal to (x) the net present value of the Subscriber's remaining payments to Operator under the Agreement (based on the Estimated Annual Delivered Energy) minus (y) the net present value of remaining payments to Operator for Subscriber's Allocated Percentage of Estimated Annual Delivered Energy at the Unsubscribed Energy Rate using a discount rate of five and one half percent (5.5%); provided that such Termination Fee shall not be less than zero. The Termination Fee for each year of the Term based on Subscriber's Allocated Percentage as of the Effective Date is listed in Exhibit E. "Unsubscribed Energy Rate" means $0.034 per kWh. which is the blended rate NSP pays for unsubscribed Delivered Energy under rate code A51 in NSP's rate book in effect on the Effective Date. 2. TERM AND TERMINATION. 2.1 Effective Date. This Agreement is effective upon signature by authorized representatives of both Parties to the Agreement. 2.2 Tenn. The term of the Agreement begins on the Effective Date and continues for 25 years from the Commercial Operation Date (or such other time period as specified in writing by the Parties), unless terminated earlier under the provisions of this Agreement. Without limiting either Party's termination rights elsewhere in this Agreement, this Agreement will tenninate if (i) Subscriber has moved out of or relocated from the county in which the Solar System is located or a contiguous county or relocated from the NSP service territory, and has not, within 90 days after such move or relocation, assigned this Agreement in accordance with the provisions of Section 12.3, or (ii) the PPA is otherwise terminated. 2.3 Termination Before Commercial Operation. If any of the following events or circumstances occurs before the Commercial Operation Date, either Party may terminate the Agreement immediately upon written notice, in which case neither Party will have any liability to the other except for any liabilities that accrued before termination. (a) After timely application to NSP and best efforts to secure interconnection services, Operator has not received evidence that interconnection services will be available for the energy generated by the Solar System. (b) If NSP or another party with the authority to do so, disqualifies the Operator or the facility from participating in the Community Solar Garden Program. c) Before the PPA is signed, if the legislature, PUC, NSP, or any other entity reduces the 4 credit base rate, or basis of escalation of that rate from that anticipated at (lie time of acceptance of the proposal by the Subscriber. (d) If the State legislature dissolves the Subscriber; provided that Subscriber's obligations under this Agreement are reassigned. 2.4 Termination .for Unnecessary Delay in Achieving Commercial Operation. Operator agrees to achieve commercial operation within a cotnmercially reasonable timeframe. if Operator does not achieve Commercial Operation within 2 years of the Effective Date, at Subscriber's sole discretion, Subscriber may terminate this Agreement with 60 days' written notice. if Subscriber terminates the Agreement under this provision, Subscriber will have no liability to the Operator except for any liabilities that accrued before the termination. 2.5 [Reserved.l 2.6 Termination Upon Mutual Aereement. This Agreement may be terminated at any time, for any reason, by mutual agreement of the Parties in writing. 2.7 Operator Conditions of the Agreement„ Prior to Installation. In the event that any of the following events or circumstances occur prior to the Commercial Operation Date, Operator may (in its sole discretion) terminale this Agreement, in which case neither Party shall have any liability to the other except for any such liabilities that may have accrued prior to such termination. (a) There has been a material adverse change, not reasonably knowable by the Operator prior to execution of the Agreement, in the (i) rights of Operator to construct the System on the Premises, or (ii) financial prospects or viability of the Solar System, whether due to market conditions, cost of equipment or any other reason. (b) After timely application to NSP and best efforts to secure interconnection services, Operator has not received evidence reasonably satisfactory to it that interconnection services will be available with respect to energy generated by the System. (c) Operator has determined that Subscriber is not Creditworthy. (d) Operator is unable to obtain financing for the System on terms and conditions reasonably satisfactory to Operator. (e) Subscriber's representation and warranty contained in Section 8.2(d) is no longer true and correct. 3. CONSTRUCTION, INSTALLATION AND TESTING OF SYSTEM. 3.1 System Acceptance Testing. (a) Operator must test the System in accordance with such methods, acts, guidelines, 5 standards and criteria reasonably accepted or followed by photovoltaic solar system integrators in the United States and as otherwise required by the PPA and the NSP Tariff. (b) Commercial Operation occurs when the "Date of Commercial Operation" occurs under the PPA. At least a week before the Date of Commercial Operation, Operator will send a written notice to Subscriber providing the Date of Commercial Operation and the provided date will be the Commercial Operation Date for the purposes of this Agreement. Operator has the sole responsibility to notify NSP of this date and get any necessary approvals from NSP. 4, SYSTEM OPERATIONS. 4.1 Operator as Owner and Operator. The System will be owned by Operator. Operator's designee or Operator's Financing Party and will be operated and maintained in accordance with the PPA and the NSP Tariff and, as necessary, maintained and repaired by Operator at its sole cost and expense. Installation of the System, upgrades and repairs will be under the direct supervision of an NABCEP- certified solar professional. Maintenance will be performed according to industry standards, including the recommendations of the manufacturers of solar panels and other operational components. 4.2 Metering. There will be two meters installed and maintained by NSP, which will measure the amount of electrical energy flowing to and from the Premises as further described in the PPA. The Production Meter (as defined in the PPA) will record the amount of Delivered Energy. Operator will make the raw meter data available to Subscriber upon Subscriber's request. 5. DELIVERY OF ENERGY. 5.1 Purchase Requirement. Subscriber agrees to make payments calculated as Subscriber's Allocated Percentage multiplied by (x) Delivered Energy generated by the System beginning on the Commercial Operation Date and continuing for each applicable month of the Tenn and (y) the kWh Rate. If there is a difference between the metered energy credited by NSP to the Subscriber an the subscribed account's bills and the Delivered Energy, the Subscriber's payments will be based on energy credited. 5.2 Estimated Annual Delivered Energy. The total annual estimate of Delivered Energy for any given year is the "Estimated Annual Delivered Energy." The Estimated Annual Delivered Energy and the estimated amount of electricity to be allocated to Subscriber for each year of the Tenn starting on the Commercial Operation Date are identified in Exhibit D. The estimated amount of electricity allocated to Subscriber is Subscriber's Allocated Percentage of the Estimated Annual Delivered Energy. 5.3 Environmental Attributes and Solar Incentives. (a) Subscriber's purchase does not include Environmental Attributes or Solar Incentives; (b) Subscriber disclaims any right to Solar Incentives or Environmental Attributes based upon the installation of the System, and to avoid any conflicts with fair trade rules regarding claims of solar or 6 renewable energy use and to help ensure that Environmental Attributes will be certified by Green -e® or a similar organization Subscriber will, at the request of Operator, execute documents or agreements reasonably necessary to fulfill the intent of this Section; and (c) Without limiting the foregoing, Subscriber agrees that NSP will acquire from Operator under the PPA all energy generated by the Solar System and may, as provided for in the PPA, acquire all Renewable Energy Credits (as defined in the PPA) associated with the Solar System. if the Renewable Energy Credits (as defined in the PPA) associated with the Solar System are acquired by NSP, Operator will notify the Subscriber of the acquisition. Operator and Subscriber agree not to make any statement contrary to NSP's ownership. 5.4 Title to System. Throughout the Term, Operator, Operator's designee or Operator's Financing Party is the legal and beneficial owner of the System at all times, and the System will remain the personal property of Operator, Operator's designee or Operator's Financing Party. 5.5 Obligations of Parties. The Parties will work cooperatively and in good faith to meet all Community Solar Garden program requirements under Applicable Law, the PPA and the Tariff, including applicable interconnection and metering requirements. The Parties agree that beginning on the Commercial Operation Date (a) Operator will transmit all of the Delivered Energy into the NSP system for the benefit of Subscriber, and (b) Subscriber shall be entitled to all Bill Credits issued by NSP resulting from such transmission and corresponding with Subscriber's Allocated Percentage. 6. PRICE AND PAYMENT. 6.1 Consideration. Subscriber shall pay to Operator a monthly payment ("Payment") for Subscriber's Allocated Percentage of Delivered Energy beginning on the Commercial Operation Date and continuing through the Tenn. Subscriber will pay a price of $0.1190 per Kilowatt Hour ("kWh Rate'), with a 0% annual escalation for the tern of this Agreement. 6.2 Invoices. Operator shall invoice Subscriber within 30 days of the last Business Day of each calendar month (each such date on which an invoice is issued by Operator to Subscriber, an "Invoice Date") for the Payment in respect of Subscriber's Allocated Percentage of Delivered Energy during the immediately preceding calendar month. Subscriber's first invoice under this Agreement shall be for the first full calendar month after the Commercial Operation Date. Subscriber shall (i) neither receive nor be entitled to any Bill Credits associated with Delivered Energy prior to the Commercial Operation Date, and (ii) have no obligation to make or any liability for Payments for Delivered Energy prior to the Commercial Operation Date. If the first month of commercial operation is less than a full calendar month, the Operator will bill Subscriber for any Delivered Energy on the invoice for the first full calendar month of operation. 6.3 Time of Payment. Subscriber will pay ail undisputed amounts due hereunder within 35 days of the Invoice Date. 6.4 Method of Payment. Subscriber will make all payments under the Ag7eement by electronic funds transfer in immediately available funds to the account designated by Operator from 7 time to time. If Subscriber does not have electronic funds transfer capability, or does not desire to use electronic funds transfer, the Parties shall agree to an alternative method of payment. All payments that are not paid when due shall bear interest accruing from the date becoming past due until paid in full at a rate equal to the Stated Rate. Except for billing errors or as provided in Section 6.5 below, all payments made hereunder shall be non-refundable, be made free and clear of any tax, levy, assessment, duties or other charges and not subject to reduction, withholding, set-off, or adjustment of any kind. 6.5 Disputed Payments. If a bona fide dispute arises with respect to any invoice, Subscriber shall not be deemed in default under the Agreement and the Parties shall not suspend the performance of their respective obligations hereunder, including payment of undisputed amounts owed hereunder. If an amount disputed by Subscriber is subsequently deemed to have been due pursuant to the applicable invoice, interest shall accrue at the Stated Rate on such amount from the date becoming past due under such invoice until the date paid. 6.6 Billing _Adiustments Following NSP Billing Adiustments. If, as a result of an NSP billing adjustment, the quantity of Delivered Energy is decreased (the "Electricity Deficiency Quantity") and NSP reduces the amount of Bill Credits allocated to Subscriber for such period, Operator will reimburse Subscriber for the amount paid by Subscriber in consideration for the Electricity Deficiency Quantity. If as a result of such adjustment the quantity of Delivered Energy allocated to Subscriber is increased (the "Electricity Surplus Quantity') and NSP increases the amount of Bill Credits allocated to Subscriber for such period, Subscriber will pay for the Electricity Surplus Quantity at the kWh Rate applicable during such period. 7. GENERAL COVENANTS. 7.1 Operators Covenants. Operator covenants and agrees to the following: (a) Notice of Damatre or Emergency. Operator will within 3 business days notify Subscriber if it becomes aware of any significant damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System. (b) System Condition. Operator shall make commercially reasonable efforts to ensure that the System is capable of operating at a commercially reasonable continuous rate. (c) Governmental Approvals. While providing the Installation Work and System Operations, Operator shall obtain and maintain and secure all Governmental Approvals required to be obtained and maintained and secured by Operator and to enable Operator to perform such obligations. (d) Interconnection Fees. Operator is responsible for all costs, fees, charges and obligations required to connect the System to the NSP distribution system, including fees associated with system upgrades, production, and operation and maintenance carrying charges, as provided in the Interconnection Agreement ("Interconnection Obligations"). In no event shall Subscriber be responsible for any Interconnection Obligations. (e) Compliance with PPA, Tariff, and Interconnection Agreement. Operator shall cause the System to be designed, installed and operated in compliance with the PPA, the Tariff and the Interconnection Agreement. (f) The PPA requires that Operator (as opposed to NSP) is responsible for answering all questions from Subscriber regarding its participation in the Solar System. Operator is solely responsible for resolving disputes with NSP or Subscriber regarding the accuracy of Subscriber's Allocated Percentage and the Delivered Energy allocated to Subscriber in connection therewith. Notwithstanding the foregoing, Subscriber acknowledges that NSP is responsible for resolving disputes with Subscriber regarding the applicable rate used to determine the Bill Credit. (g) The Operator is duly organized and validly existing and in good standing in the jurisdiction of its organization, and authorized to do business in the State of Minnesota. 7.2 Subscriber's Covenants. Subscriber covenants and agrees as follows: (a) Consents and Approvals. Subscriber will ensure that any authorizations required of Subscriber under this Agreement are provided in a timely manner. To the extent that only Subscriber is authorized to request, obtain or issue any necessary approvals, rebates or other financial incentives, Subscriber will cooperate with Operator to obtain such approvals, rebates or other financial incentives. (b) Subscriber Agency and Consent Form. On or about the Effective Date, Subscriber will execute and deliver to Operator a Subscriber Agency Agreement and Consent Form in the form attached hereto as Exhibit A. Subscriber acknowledges that such agreement is required of Subscriber pursuant to the PPA. 7.3 Minimum Production; Lost Production Payments, (a) Estimated Annual Delivered Energy is calculated by multiplying estimated output from the System (using PVSYST software) by the availability factor estimated by Operator while allowing for a 0.7% annual degradation of the System. The Subscriber's Estimated Annual Delivered Energy is the Subscriber's Allocated Percentage multiplied by the Estimated Annual Delivered Energy delivered by the System. (b) Operator hereby guarantees that the Subscriber's Allocated Percentage of Delivered Energy will be at least eighty five percent (85%) of the Subscriber's Estimated Annual Delivered Energy (the "Guaranteed Output"); provided that the Estimated Annual Delivered Energy shall be adjusted for (i) Force Majeure Events, (ii) weather and (iii) decreases in Delivered Ellergy resulting from an emergency situation that threatens injury to persons or property that was not a result of the acts or omissions of Operator. 7.4 Delivery Shortfalls. If, at the end of a Contract Year, the Subscriber's Allocated 7.1 Percentage of Delivered Energy for such Contract Year is less than the Guaranteed Output ((he "Shortfall Amount"), then Operator shall pay Subscriber an amount equal to the excess, if any, of (1) the difference between the Bill Credits that Subscriber would have received and the Payments that would have been due had the Shortfall Amount been delivered over (2) the difference between the Bill Credits that Subscriber actually received and the Payments that were actually received, in each case with respect to such Contract Year. Operator shall make such payment within forty five (45) days of the end of each Contract Year. 8. REPRESENTATIONS & WARRANTIES. 8.1 Representations and Warranties Relating to Agreement Validity. In addition to any other representations and warranties contained in the Agreement, each Party represents and warrants to the other as of the date of this Agreement and on the Effective Date that: (a) it is duly organized, validly existing and in good standing in the jurisdiction of its organization and it has the full right and authority to enter into, execute, deliver, and perform its obligations under the Agreement; (b) it has taken all requisite corporate or other action to approve the execution, delivery, and performance of the Agreement; (c) the Agreement constitutes its legal, valid and binding obligation enforceable against such Party in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other similar laws now or hereafter in effect relating to creditors' rights generally; (d) there is no litigation, action, proceeding or investigation pending or, to the best of its knowledge, threatened before any court or other Governmental Authority by, against, affecting or involving any of its business or assets that could reasonably be expected to adversely affect its ability to carry out the transactions contemplated herein; and (e) its execution and performance of the Agreement and the transactions contemplated hereby do not constitute a breach of any tern or provision of, or a default under, (i) any contract or agreement to which it or any of its Affiliates is a party or by which it or any of its Affiliates or its or their property is bound, (ii) its organizational documents, or (iii) any Applicable Laws. 8.2 Specific Representations and Warranties of Subscriber. Subscriber represents and warrants to Operator as of the date of this Agreement and on the Effective Date that: (a) Subscriber is the sole party in interest agreeing to purchase Subscriber's Allocated Percentage and is acquiring Subscriber's Allocated Percentage for its own account, and not with a view to the resale or other distribution thereof, in whole or in part, and agrees that it will not transfer, sell or otherwise dispose of Subscriber's Allocated Percentage in any manner that will violate applicable securities law; (b) Subscriber is not relying on (i) Operator, or (ii) other subscribers, or any of the 10 employees, members of boards of directors (or equivalent body) or officers, of those parties, or this Agreement with respect to tax and other economic considerations involved in the Agreement (c) Subscriber's Allocated Percentage, combined with any other distributed resources serving the Service Address, represents no more than 120 percent of Subscriber's average annual consumption at the Service Address over the last twenty-four (24) months; and (d) Subscriber is a retail electric service customer of NSP and the Service Address is within the same county or contiguous county as the Solar System. (e) Subscriber is not exempt from the Solar Energy Standard under Minnesota Statutes Section 21613.1691, subd. 2f(d). 8.3 Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 3.1, 4.1, 7.1, THIS SECTION 8, THE INSTALLATION WORK, SYSTEM OPERATIONS AND PERFORMANCE PROVIDED BY OPERATOR TO SUBSCRIBER UNDER THIS AGREEMENT SHALL BE "AS -IS WHERE -IS." NO OTHER WARRANTY TO SUBSCRIBER OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SYSTEM OR ANY OTHER SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY OPERATOR. 9. TAXES AND GOVERNMENTAL FEES. Operator is responsible for all income, gross receipts, ad valorem, personal property or real property or other similar taxes and any and all franchise fees or similar fees assessed against it due to its ownership of the System. Operator is not obligated for any taxes payable by or assessed against Subscriber based on or related to Subscriber's overall income or revenues. f iIM ITi] M41 :111 i•"7 AIR114 10.1 Definition. "Force Majeure Event" means any act or event that prevents the affected Party from performing its obligations in accordance with the Agreement, if such act or event is beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and such Party had been unable to overcome such act or event with the exercise of due diligence (including the expenditure of reasonable sums). Subject to the foregoing conditions, "Force Majeure Event" shall include the following acts or events: (i) natural phenomena, such as stonns, hurricanes, floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (iv) strikes or labor disputes (except strikes or labor disputes caused solely by employees of Operator as a result of such Party's failure to comply with a collective bargaining agreement); (v) action or inaction by a Governmental Authority (unless Subscriber is a Governmental Authority and Subscriber is the Party whose performance is affected by such action nor inaction); and (vi) any event of force majeure under the PPA. A Force Majeure Event shall not be based on the economic hardship 11 of either Party. 10.2 Excused Performance. Except as otherwise specifically provided in the Agreement, neither Party shall be considered in breach of the Agreement or liable for any delay or failure to comply with the Agreement (other than the failure to pay amounts due hereunder), if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided that the Party claiming relief under this Article 10 shall immediately (i) notify the other Party in writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (iii) notify the other Party in writing of the cessation or termination of said Force Majeure Event and (iv) resume performance of its obligations hereunder as soon as practicable thereafter; provided, however, that Subscriber shall not be excused from snaking any payments and paying any unpaid amounts due in respect of Subscriber's Allocated Percentage of Delivered Energy prior to any performance interruption due to a Force Majeure Event. 10.3 Termination for Force Maieure. Either Party may terminate this Agreement upon 15 days written notice to the other Party if any Force Majeure Event affecting such other Party has been in existence for a period of 180 consecutive days or longer, unless such Force Majeure Event expired before the end of the 15 day notice period. fR111;Y111INN 11.1 Operator Defaults and Subscriber Remedies. (a) Operator Defaults. The following events are defaults with respect to Operator (each, an "Operator Default"): (i) A Bankruptcy Event occurs with respect to Operator; (ii) Operator fails to pay Subscriber any undisputed amount owed under the Agreement within 30 days from receipt of notice from Subscriber of such past due amount; (iii) Operator breaches any material tern of the Agreement and (A) such breach can be cured within 30 days after Subscriber's written notice of such breach and Operator fails to so cure, or (B) Operator fails to commence and pursue a cure within such 30 day period if a longer cure period is needed; and (iv) The PPA is terminated for any reason. (b) Subscriber's Remedies. If an Operator Default described in Section 1 LI (a) has occurred and results in the failure or inability of the Solar System to produce Delivered Energy over a period of 180 consecutive days, in addition to other remedies expressly provided herein, and subject to Article 15, Subscriber may terminate the Agreement and exercise any other remedy it may have at law or equity or under the Agreement. In the event of such termination, Subscriber shall use reasonable efforts to mitigate its damages. 11.2 Subscriber Defaults and Operators Remedies. 12 (a) Subscriber Default. The following events shall be defaults with respect to Subscriber (each, a "Subscriber Default'): (i) A Bankruptcy Event occurs with respect to Subscriber; (ii) Subscriber fails to pay Operator any undisputed amount due Operator under the Agreement within 30 days from receipt of notice from Operator of such past due amount; and (iii) Subscriber breaches any material term of the Agreement and (A) if such breach can be cured within 30 days after Operator's notice of such breach and Subscriber fails to so cure, or (B) Subscriber fails to commence and pursue said cure within such 30 day period if a longer cure period is needed. (iv) This Agreement is terminated pursuant to Section 2.2(i). (b) Operator's Remedies. If a Subscriber Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, Operator may (i) terminate this Agreement and collect the Termination Fee; provided that if within three years after collecting the Termination Fee, Operator sells all of Subscriber's Allocated Percentage (after making commercially reasonable efforts to do so and after filling any pre-existing unsubscribed portion of the Delivered Energy), then Subscriber will be entitled to recover from Operator an amount equal to the net present value, using a discount rate of 5.5%, ascribed by Operator to such new subscriber's subscription minus the costs Operator incurred to sell Subscriber's Allocated Percentage (including marketing costs associated with finding a new subscriber), (ii) sell Subscriber's Allocated Percentage to one or more persons other than Subscriber, and (iii) exercise any other remedy it may have at law or equity or under the Agreement. In the event of any such termination, Operator shall use reasonable efforts to mitigate its damages. 12. ASSIGNMENT. 12.1 Assignment by Operator. Operator shall not sell, transfer or assign (collectively, an "Assignment") the Agreement or any interest therein, without the prior written consent of Subscriber, which shall not be unreasonably withheld. Operator shall provide Subscriber with such information concerning the proposed transferee (including any person or entity liable for the performance of the terns and conditions of this Agreement) as may be reasonably requested by Subscriber. Operator's request for Subscriber's consent to any assignment must be in writing and provided to Subscriber at least 10 business days before the proposed effective date of the assignment. Operator shall include with such request contact information for the assignee. Notwithstanding the forgoing, Operator may, without the consent of Subscriber, (1) transfer, pledge or assign all or substantially all of its rights and obligations hereunder to a Financing Party as security for any financing and/or sale-leaseback transaction or to an affiliated special purpose entity created for the financing or tax credit purposes related to System, (2) after the Commercial 13 Operation Date, transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Operator, (3) assign this Agreement to one or more affiliates, provided that prior to the assignment Operator provides a copy of the fully executed interconnection agreement between Xcel and the affiliate; or (4) assign its rights under this Agreement to a successor entity in a merger or acquisition transaction; provided, however, that any assignee under clauses (2)-(4) shall agree to be bound by the terms and conditions hereof. Subscriber agrees to provide acknowledgments, consents or certifications reasonably requested by any Financing Party in conjunction with any financing of the System. In the event that Operator identifies such secured Financing Party, then Subscriber shall comply with the provisions set forth in Exhibit B to this Agreement. Any Financing Party shall be an intended third -party beneficiary of this Section 12.1. Operator agrees to provide notice of any assignment permitted by this section and documentation, as applicable, to the Subscriber as soon as reasonably practicable, and in no event before Operator requests payment or has other claims or requests of Subscriber pursuant to this Section 12.1. 12.2. Acknowledwrtent of Collateral Assignment. If Operator identifies a secured Financing Party and Subscriber consents to the collateral assignment under Section 12.1, [lien Subscriber acknowledges and agrees: (a) to the collateral assignment by Operator to the Financing Party, of Operator's right, title and interest in, to and under the Agreement, as consented to under Section 12.1 of the Agreement. (b) that the Financing Party as such collateral assignee is entitled to exercise any and all rights of lenders generally with respect to Operator's interests in this Agreement. Any Financing Party is an intended third -party beneficiary of this Section 12.2. 12.3 Assignment by Subscriber. (a) Subscriber will not assign this Agreement or any interest herein, without the prior written consent of Operator; provided however that Operator shall not unreasonably withhold condition or delay its consent for Subscriber to change the Service Address for which the Bill Credits will apply to another Service Address. (c) Subscriber's request for Operator's consent to any proposed change or assignment as contemplated in Section 12.3(x) must be in writing and provided to Operator at least 30 days before the proposed effective date of such change or assignment, which request must include: (i) Subscriber's name and mailing address; (ii) the current Service Address; (iii) the new Service Address (if applicable); (iv) the name of the individual or entity to whom Subscriber is requesting to assign this Agreement (if applicable) and the consideration (if any) proposed to be provided to Subscriber for such assignment; and (v) the proposed effective date of such proposed change or assignment. In the case of any assignment of this Agreement in whole or in part to another individual or entity, (i) such assignee's Service Address shall be located within NSP's service territory and within the same county as the Solar System or a contiguous county, (ii) such assignee shall be Creditworthy and shall execute a new Minnesota Community Solar Program Subscription Agreement substantially in the same form as this Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value 14 of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the aggregate amount of Bill Credits that have accrued to Subscriber, but have not yet been applied to Subscriber's monthly invoice(s) from NSP. (c) Upon any assignment of this Agreement pursuant to this Section 12.3, Subscriber will surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention of this Section 12.3 shall be of no force and effect and null and void ab initio. No assignment will extend the Tenn of this Agreement. If Subscriber terminates its retail electric service with NSP or moves outside of NSP territory without first transferring Subscriber's Allocated Percentage to an eligible transferee, Subscriber will forfeit its right to receive Bill Credits, but will continue to be responsible for the Payments under this Agreement until Subscriber's Allocated Percentage is transferred or this Agreement terminates pursuant to its terms. 13. NOTICES. 13.1 Notice Addresses. Unless otherwise provided in the Agreement, all notices and communications concerning the Agreement shall be in writing and addressed to the other Party (or Financing Party, as the case may be) at the addresses below, or at such other address as may be designated in writing to the other Party from time to time. City of Monticello 505 Walnut St Monticello, MN 55362 Financing [To be provided by Operator when known] NRG MN Community LLC c/o NRG Renew LLC 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 Attention: General Counsel 13.2 Notice. Unless otherwise provided herein, any notice provided for in the Agreement shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, or transmitted by email and shall be deemed delivered to the addressee or its office when received at the address for notice specified above when hand delivered, upon confirmation of sending when sent by email (if sent during non -nal business hours or the next Business Day if sent at any other time), on the Business Day after being sent when sent by overnight delivery service, or 5 Business Days after deposit in the mail when sent by U.S. mail. 13.3 Address for Invoices. All invoices under the Agreement shall be sent to the address provided by Subscriber. Invoices shall be sent by regular first class snail postage prepaid. 14. DATA PRACTICES. 14.1 Data Practices. (a) Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on individuals is made available to the Operator by the Subscriber under this Agreement, the Operator will administer and maintain any such data in accordance with Minnesota Statutes, Chapter 13 (the 15 "Minnesota Government Data Practices Act"), and any other statutory provisions applicable to the data. If and to the extent that Minnesota Statutes, section 13.05, subdivision 11, is applicable to this Contract, then: i) all of the data created, collected, received, stored, used, maintained, or disseminated by the Operator in performing this Agreement are subject to the requirements of the Minnesota Government Data Practices Act; ii) the Operator must comply with those requirements as if it were a government entity; and iii) the remedies in Minnesota Statutes, section 13.08 apply to the Operator. (b) Consistent with Minnesota Statutes, section 13.055, if "private data on individuals," "confidential data on individuals" or other "not public data" are provided to or made accessible to the Operator by the Subscriber, the Operator must: i) have safeguards to ensure private or confidential data on individuals or other not public data are only accessible or viewable by Operator employees and agents whose work assignments in connection with the performance of this Agreement reasonably require them to have access to the data; ii) immediately notify the Subscriber of any unauthorized access by Operator employees and agents, and unauthorized access by third parties; iii) fully cooperate with Subscriber investigations into any breach in the security of private or confidential data on individuals or other not public data that may have occurred in connection with the Operator's access to or use of the data; and iv) fully cooperate with the Subscriber in fulfilling the notice and reporting requirements of Minnesota Statutes, section 13.055. The penalties in Minnesota Statutes, section 13.09 governing unauthorized acquisition of not public data apply to the Operator and Operator employees and agents. If the Operator is permitted to use a subcontractor to perform Operator's work under this Agreement, the Operator shall incorporate these data practices provisions into the subcontract. If the Operator receives a request to release data referred to in this section, the Operator must immediately notify the Subscriber. The Subscriber will give the Operator instructions concerning the release of the data to the requesting party before the data is released. 14.2 Data Sharing. Operator may share data with NSP in accordance with the terms set forth in the attached Subscriber Agency Agreement and Consent Form. 15. INSURANCE 15.1 Insurance. With respect to the services provided pursuant to this Agreement, Operator shall at all times during the tern of this Agreement and beyond such teen when so required have and keep in force the following insurance coverages: Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers Compensation and Employer's Liability: 16 Workers' Compensation Statutory If Operator is based outside the state of Minnesota, coverage must comply with Minnesota law. Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Operator to detennine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, Operator shall promptly submit copies of insurance policies to Subscriber. Operator shall not commence work until it has obtained required insurance and filed with Subscriber a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Subscriber as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under the Agreement. Operator shall furnish to Subscriber updated certificates during the term of this Agreement as insurance policies expire. 15.2 Limitation of Liabilitv. The Parties will not be liable to the other Party for general, special, punitive, exemplary, indirect, incidental or consequential damages arising from or out of this Agreement. The total liability of Operator to Subscriber under this Agreement will in no event exceed the aggregate of all payments made by Subscriber under this Agreement during the preceding twelve (12) months. Prior to the first anniversary of the Commercial Operation Date, the total liability of Operator to Subscriber under this Agreement will not exceed the estimated amount of payments for the first calendar year. That amount will be Subscriber's sole and exclusive remedy and all other remedies or damages at law or equity are waived. 16. COMPLIANCE 16.1 The Operator must comply with all applicable federal, state, and local laws, rules, and regulations, including, any ruling of the Minnesota Public Utilities Commission (PUC). 16.2 Under the PUC Order in Docket Number E002/M-13-867, dated, the Operator will, at the request of Subscriber, provide documentation of continuing viability of the System, including but not limited to providing proof of sufficient financing; possession of required permits; certification of compliance with Federal Energy Regulatory Commission Form 556; or proof that the Operator has sufficient insurance to cover the ongoing installation, operation, or maintenance of the System. 17. MISCELLANEOUS 17.1 Integration: Exhibits, This Agreement, together with the Exhibits attached hereto, 17 constitute the entire agreement and understanding between Operator and Subscriber with respect to the subject matter thereof and supersedes all prior agreements relating to the subject matter hereof. The Exhibits attached hereto are integral parts of the Agreement and are made a part of the Agreement by reference. 17.2 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Operator and Subscriber. To the extent any amendment changes Subscriber's Allocated Percentage, such amendment shall include the representation by Subscriber set forth in Section 8.2(c). If in Operator's judgment any provision of this Agreement is reasonably expected to result in Operator's non-compliance with any provision in the PPA or the Tariff (as may be amended or revised from), the Parties will exercise commercially reasonable efforts to negotiate an amendment to this Agreement to conform to the applicable provisions in the PPA or Tariff, 17.3 Cumulative Remedies. Except as set forth to the contrary herein, any right or remedy of Operator or Subscriber shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not. 17.4 Limited Effect of Waiver. The failure of Operator or Subscriber to enforce any of the provisions of the Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provision, in any other instance or of any other provision in any instance. 17.5 Survival. The obligations under Section 8.3 (Exclusion of Warranties), Section 9 (Taxes and Governmental Fees), Section 13 (Notices), Section 14 (Data Practices), Section 15 (Indemnification and Insurance), Section 17 (Miscellaneous), or pursuant to other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement, shall survive the expiration or termination of this Agreement for the period of the applicable statute of limitation. 17.6 Governinu Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to any choice of law principles. The Parties agree that the courts of Minnesota and the federal Courts sitting therein shall have jurisdiction over any action or proceeding arising under (lie Agreement to the fullest extent permitted by Applicable Law. 17.7 Severability. If any term, covenant or condition in the Agreement shall, to any extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the Agreement shall not be affected thereby, and each tern, covenant or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law and, if appropriate, such invalid or unenforceable provision shall be modified or replaced to give effect to the underlying intent of the Parties and to the intended economic benefits of the Parties. 17.8 Relation of the Parties. The relationship between Operator and Subscriber shall not be that of partners, agents, or joint ventures for one another, and nothing contained in the Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, 18 including federal income tax purposes. Operator and Subscriber, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. 17.9 Successors and Assigns. This Agreement and the rights and obligations under the Agreement are binding upon and shall inure to the benefit of Operator and Subscriber and their respective successors and permitted assigns. 17.10 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument 17.11 No Reliance. Subscriber is not relying on any representation, warranty or promise with respect to the Solar*Rewards Community Solar Program or the Solar System made by or on behalf of NSP or Operator, except to the extent specifically stated in this Agreement. 17.12 Records -Keening. Operator will maintain books, records, documents and other evidence directly pertinent to performance of the work under this Agreement in accordance with generally accepted accounting and utility metering principles and practices, including all meter production records and adjustments thereto. Operator will also maintain the financial information and data used in preparation or support of the cost submission for any negotiated Agreement amendment and provide electronic, printed or copied documentation to the Subscriber as requested. These books, records, documents, and data must be retained for at least 6 years after the term of the Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case the Operator agrees to maintain them until the Subscriber and any of its duty authorized representatives have disposed of the litigation or claims. 17.13 Audit. As required by Minnesota Statutes, section 16C.05, subdivision 5, the records, books, documents, and accounting procedures and practices of the Operator and of any subcontractor relating to work performed pursuant to this Agreement shall be subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor. The Operator and any subcontractor shall permit the Subscriber or its designee to inspect, copy, and audit its accounts, records, and business documents at any time during regular business hours, as they may relate to the performance under this Agreement. Audits conducted by the Subscriber under this provision shall be in accordance with generally accepted auditing standards. Financial adjustments resulting from any audit by the Subscriber shall be paid in full within thirty (30) days of the Operator's receipt of audit. 17.14 Dispute Resolution. Claims by the Operator disputing the meaning and intent of this Agreement or arising from performance of this Agreeement must be referred in writing to the General Manager of Environmental Services of Subscriber for a written decision within 60 days after the dispute arises. The General Manager of Environmental Services or his/her designee must respond to the Operator in writing with a decision within 60 calendar days following receipt of the Operator's claim. Submission of a dispute or claim to Dispute Resolution is a condition precedent to the Operator initialing any litigation relating to this Agreement. Pending final decision of a dispute, the Parties will proceed diligently with the performance of the AgReement. Failure by the Operator comply precisely with the time deadlines 19 under this paragraph as to any claim shall operate as a release of that claim and a presumption of prejudice to the Subscriber. 17.15 Goodwill and Publicity. Operator shall have the right to use graphical representations or photography of the System in marketing and promotional materials. Subscriber agrees to the use by Operator of Subscriber's name as a subscriber, if applicable, in Operator's marketing materials in connection with the System and any future Community Solar Garden program or similar projects undertaken by Operator. Operator agrees not to disclose any other Subscriber information in connection with Operator's marketing and promotional materials. Subscriber agrees not to use Operator's name, logo, trademark, trade name, service mark, or other Operator intellectual property in any marketing or promotional materials without the prior written consent of Operator. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use and to help ensure that Environmental Attributes will be certified by Green- e® or a similar organization, Subscriber and Operator will consult with each other about press releases or public communications to help ensure that the Operator's rights to claim Environmental Attributes are not compromised while allowing both Parties to claim publicity. This section will not be construed to require Subscriber to obtain consent for any postings or publications required by law or undertaken by Subscriber in its capacity as a government entity. 17.16 Trade Secret Data Provided to Governmental Entities. Operator may provide data that it designates as trade secret to Subscriber. Under Minnesota Statutes section 13.37, subdivision 1(b), Subscriber is responsible for determining whether data marked as trade secret by Operator qualifies as trade secret under the law. For Operator data that Subscriber detennines is trade secret, Subscriber will not share the data with any other Person or entity except as required by law. If Subscriber receives a request under the Minnesota Government Data Practices Act for access to data that Operator designated as trade secret but subscriber has determined is not trade secret, then Subscriber will use its best efforts to give the Operator ten (10) days' notice before releasing the data in order to permit the Operator to exercise whatever legal remedies are available to the Operator to prevent such disclosure. 20 IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their duly authorized officers on the dates set forth below. OPERATOR By: �— Name: Craig Cornelius Title: President SUBSCRIB By: Printed Name: rr,arr _ Title: 21 .Exhibit A Narthom States Power Company, a Minnesota oxpmatan hl.nneepofa Mm*sola 654D1 MINNESOTA ELECTRIC RATE BOOK - MPUC NO, Z STANDARD CONTRACT FOR Sec tm No 9 SOLAR -REWARDS COUMUNITY lConllnuedj Oripina Shoot No 09 r.T,7_ .1 SolorRewsrds Community Subscriber Agency Agro meni and Consent Form The tstdorsl2nod t'Slbsc ber j funs a Stbsaiati;n to tno lolboAnq Community SoW Garden Community Solar Garden Name: Community 54blar Gordan Address: Community Solar Garden operator. 1 Community Solar Garden contact SUbscribees Account Number with Northern States Power Company: Intormabon for Subscriber questions and complaints: Address (if different from abevel; Telaphone number. Emall oddross: Web Site URL: Subscriber Namo: Subscriber Service Address where tecelving electrical service from Northern States Power Company; SUbscribees Account Number with Northern States Power Company: fCen6timd on Sheet No E 901 Dnlu Fk.d (K=-33.13 Rf David V. Spast)t EffeCrvt+ Date 11P 17-14 I'reslyem and CEO 0 Nn trMm State] f'oMe Compaq a lAnnesaa cnrpxawn nada:'tic CD72l1A 13.657 0-0vt Dil.v D9.17-14 22 fin -them Sates power Company, a fArw*uta cuporation Minneapolis. Minnesota 65401 MINNESOTA ELECTRIC RATE BOOK • MPUC ND. 2 STANDARD CONTRACT FOR Section Na 0 SOLAR -REWARDS CO MUNMY (Continued) Onanal Sheet No BD By signing this Solar'Rewards Community Subsviben Agency Agreement and Canm nl Form the Substribor agrees tb a' of the tollo"V. I Assnxnmern o' Nenr�arrle_Crrer�; Cte4its CAEGs'1. Enemi and Capacity to Northern States Powe' Comr%any. it 64rnwaao cortiornt on Thr. Subscriber agrees that the Community Stylar GarOert Operotor hat autwnty to assign at efWgy produoea aha cepanty eesooaad wiri the photoyoesc anergy ayslam at he Cammunlly Solar Garden to Northam Stow Power Company ane the Subsmioer agrees teat ar energy produced and c"Oty associa!ed with tae Subsuitafa !hare of the photovoltaic energy system at Nie Community Sola, Garden shat belong to Northern Stoics Pow Company The Subscriber elco agrees that the Community Solar Gerson Operator has aulhorily In assgn all RECt. asso=!ed wth Vre phxpvoftse energy syvwn at the Comrnunity Solar Garden to Northam States Power Company, aid that if the Commungy, So a• Garden or a person of efft of Its boha! has assigned the RECs to Northern States Payee• Company P&I a' RECa assmated Mith the Su9aatbers atisre at the p`wtovem c energy system at the Comminity Solar Garden she' belong to Northam States Power Company 2 'law Imolicaeorss. Trio Conrnuwy Solar Garden Operator two provided the Sub6cnberwm a statement that Nxlhem Stats Pmvte Company make? no representations cpnoenr4n^y the taxable conWuenoe3 to tie Sutisc rber w Ji respeta to its BI' Crod :s to tie SLbsuroer or other tar roues retatdng to paMdpa'Jo+f in the Community Solar Garden ICcntsuett or. ; rnu: No g Brl Uatc 1-4.2 tY.4,33 13 Ey Uay.� It Sporty, Lfte.t.% Dow Ug 17.14 Prr:ndrni wo CFO Ofhrthrai ;tn•rr. Penne- Coma+ny n t l rinn„ot. cam oca'rb l Docket Na LUZU 3-857 Oroc• Unto U�-t7-14 Wil.—.(n.SC.Jr:l.'Vt<-.M{.l—A, wi!.4h.— a3 Northam Stela$ Power Company a 101•nne60ts corporation Minneapoks Minnesota SM31 MINNESOTA ELECTRIC RATE BOOK • MPUC NO. 2 STANDARD CONTRACT FOR Section No. b SOLAWREWARDS COMMUNITY (Continued) Ovine, Sheet No. 91 3 Northern State Poorer Company hereby discloses to Me Subscriber that k rem;;6tes Mat nae all produaio . risk faaom such as gris.fa.ury events o' atyprcolly ei«tdy weattw are witnin trio Com'nuw.y Stria- Garden Operato's control. 4 jauri - Participating In the Sole'Rewards Commcrilty, Program Mn tecluire atianiV Subscriber's Account Information (name accounl rvumber senxe address telephone nimibe' email add'exs web site URL, intDnnMiDn on Subscriber parSbipa:lxe sin other disubuted generation serving the premises of the Subscriber, Srbsuiber aperi5c Bill Credn(s)) and Subscriber's Energy Use Data (the past. pteserN and fati►e eitctricky usage attributable to tem Suhsaiber for the service address arO acmirtt number identified for parbops,ipr! in Cie Commurry Sols, Garden) The foLowtn; outlines tree type of information that V& be shared and tiow that information wif be used a. Srtancrib ees Account Wormabon nn] Subscrtaer,Fnrmy�lsnx�•ntn The Subscribe- au'horvcs Northern Stales Power Company to provide Cie Community Solar Garden Operator (and bre Com-nursy Sola• Girder, Operalar's designated subcontractors and Pgor!'s) ,40 the Subseriber s Amount Information and Slbscnber's Energy Usage Data as desaioed h Session 4 sbov a This inlormavon is needed b elbN the Comrnun�-y Sloe Owdon Operator determine the extant to %hicb the Subscriber is cnVJcd to pnrliapato in the Commurity Solar Garden, and to vakdete the "oast of the Bit Credits to be provided by Northam States Porter Company to the Subscriber• The ninon, data privacy polims of Noti om States Power Company applicable to its Sotar'Rewards Community Program provided to the Subscrttier by the Community Solar Garden Operator primunnt Sesson 3testas am attached as EshbP 1 of this Solar'Rawards Community Subscriber Agency Agreement and Consent Form. These privacy potties Include definitions af'Subsatbere Amount Inbarmabon' and 'Subscriber'& Energy Usage Data ' (Contnurrf nr Sheml 14H b -tilt date l l'ed tip -3? 13 By Uavj it. Stro�br Lttv beer Da,L� QN 17.14 PtrsSdont r• id CCC) Df Ido the ri f'a'r ;. Peer CDT; in y. n IA-nne•:+7+P mrl}b'. t an 11=1,011lo. LX2111 13-897 Order Datc D_ 17.14 !. l'�rt. U.cn a�rrU"..'IV�tN !nfWtnfl all COI [• ZA Nortnom States Power Company, a 1hriviesota oorporabon Minneapolis, Minrtasota 55401 MINNMIA ELECTRIC RATE 8001( - MPUC NO, 2 STANDARD CONTRACT FOR Soctron Nz D SDLAR'REWARDS CDMMUNITY )Continued) Orignal Sha*! No 91 a In!onnation Sho6. (Cortrrrraed) b. Subsoibarn Subscri tion Information The Scirs:riber autnorires OR Commurj�y Solar Garden Operator to provide information to NDnhem States Power Company kfenttying the Subscriber (With the Sulotion it M rhe. cervix address, and atxount numbcc) and detailing the Subsaiher's proportional share in kilowatts ow the Com gu=y Solar Gordon and to provide additional updates of [his information to Nortnem States Paver Company m arcumstancas drange This intonation Is noodod to allow Northam States Parer Cor pany to property appy Bill Credits forth* photovoltaic energy generated by the Community Solar Garden. Also, Itis Inlormation is needed to allow Northern States Power Company to sons to the Subsaibor noricas or other mailings portainng to heir involvement In the Solar*Rewards Comrnunfty, Pragrern. The Comenun ly Solar Gordon Operator shin not disclose Subscribe: information in ann:sal reports or gang pciblic documenin absent explrclt, infomsed consent from the Subscriber Tim Community Scar Garden OperatorvAl! not release any SubsViber data to Vrird parties except W Ufd the regulated purposes of filo SolarRowerds Community Program, to compfy vdtn a legal or regulatory requirement. a upon expttbt, informed consent from the Subscriber. c Aggregated Intym mon Aggregated information ranxming prodrrtion at the Conmunily Solar Gordon may be publicly disclsed to sumorl regulatory oversight of the SoteRewvaMs Cottinuni y Program Thts includes annual reports available to the public related to specific Community Solar Gardens, indudmg but not irnllod to production from the Community Solar Gardens, cze• location and the type of Community Solar Garden subscriber groups; reporong on known wmptobn% and the resoiution of Mese sanpls:-its, lassoes leemod and any pgw"l changes to tho Sotar*Rawards Commu* Program, reporting on Bill Credrts earned and paid end repotng on Um application process. Aggrepled inform ficin will non Oenfify Individua: S sl=ribom or provide Subecrxxar-Specift Account WaTnat ora, SubsaiberSpodfic Energy Usage Date or Sutncdbe--a, odt4 Big Cream unless a Subsuber prones explicit Informed consent Dopendirsg on the rmbee of the aggregated infonnabon, h mmior, it may sot: be possbo to inlor tiro ornour of production ettritsred to lMrvidual Stbscrioers to the CcrnmurvN Solar Ga -den The Subscribor agrees to the inclusion of its production informa5ah In the creation of tum aggregated inforrrWicn The Community Sole- Garden Opr ator vAu not use aggregated Informaton tar purposes unrelated to the Sole. -Ren vard% Community Program %twut first provwdnp notice and obtai dng fa her co, hsanl. unkss the aggregated i -r orrnahah k otnorwiso ava atria as pubttc informaWn The Nicios of Northam States Power Company refatea to shanng aggregated Information we part of the data privacy policies eontalnod ir, the iMar_had EiMbtl 1 of this Sotat•Rewards Community Subscriber Agency Agreement and Consent Form and should be provided to the Subschoer by the Comm.mlty Solar Garden Operator pursuant Section 3 above d In1DImstior Reouesls from the MPIJC ry thar Dourtmnm or �gmmorco. Tho Subscribe- agves that the Community Solar Garden Operator end Norviem States flower Company are ouprxtced to prevode any Wymaton trey posies: fetaled to thre S:rbscWar or tea Subscribiors participation in the Community Solar Gorden to the Minnes,DU Putkc Wities Conrnission (P.IPUC) the Minesota Department of Commerce, of the Mrinesaw Of!tce Y Attorney Genrml Tim lnt'.minborl is neorind to a'tow proper rt guratory overslgh; of No ,here States PDwe- Company and a tie Solar'Rerva ds Commuri:y Program, (Centanxtt on Shell Piz 0.93) Date filed Df -30.13 Uj Uevu] fol Spay Lftea vu Date p2 17-14 Pit,Mdml and Cr.O of Uallwrn Staler. Patin Cornpnny, r• Minnnwa corporntirin t>r_knl Nr E002M.13•bG7 Oder date 0117-14 e'Y nova[rr[nCr:tCt��rf{+w�r.�;»!�L•_N.�W�1_Vr:4 25 Nortnern States Power Company. a M.nrresata corporobon Minhoapolrs, Minnesota 55401 MINNESOTA ELECTRIC RATE 6001( - MPUC NO.2 STANDARD CONTRACT FOR Soctwn 140 0 SOLARW WARDS COMMUNITY tCentlnusd) ftinab Sheet No 93 4 Inlymaton Sharma (Canlinued) e Ilr4wily Rf.{easr NortlKm Slates Powet Company shall not be rospomlble for mmitonrg or talking a -V steps to ensure that the Community Solar Gamlen Operator maintains the conlAen alrry of the S:lbsarbers Account Inlormabon the Subscriber's Energy Usage or the BIL Credos rooei%od pertairing to Lro Subscriber s partrppaban in the Community Solar Gordon. Norsver, No•them States Power Company whati remain hove for ns cNn insppropriate release of Sabscriber's tu=knt Infamrabon and Subscriber's Erwgy Use Data Dura on at Censnnl The Subscribees consent to this information sharing shall be crVoinp for the Term of the CanCaet between the Cprnmrsnity Solar Garden Operates and Norcrern States Poser Carnpany, a urei the Subscriber no longer has a Subscription to the Cur- unity Solar Garden and the Community War Garden Operator nold,es Northern States Power Company of this to-;! trough the CSG Applr„at ar System ProvkiW hewn r Lm Subscribers content shat ala apply thareaRer to of such infarmabon of the Subscrber pertaining to that pried or tree dump whld1 the Suhscnber W. a Subsa to the Community SoLer Garden. 9 UpIiLlficatcrl The above previsions addrenhi; data privacy and in Exhibit S shall remain In place until and cudess other cog iramonts aro adrn, ted by the MPUC in its 9enoric privacy proceeding tDod:at No E GQW CI - 12 -1344, or other MPUC Ohir Northern States Powbf Comp" shall he nr tessa-y tevisions to Its tariff- and contracts %thin thirty {30) dayE of such Order Subsrrtnrs Name Subscdmr's Signature Delo ICDntnufd an Sher! No 9941 [late Vikv N1.31.) t3 Uy Uav,1 PA Lpnrvy Lltea-* Uatt, 09 17-114 Preaiie n: and GCC o' fiarUn ^. r SLs;e; Pnbm Ce•npaIr r. Al nnrsola tzxlrora!ra Docl,,et tin E0321.t-1_+-857 Orde, Uotc 09 17.14 ni"lr.•wtX•,H GPn•/•yr'rClWMM GJ�: N•�K'.V. � r��o. 26 71 la Northern States Paccar Company a Min'atrna aorporabOn i,tumeapofis Minnesota 554D1 MINNESOTA ELECTRIC RATE BOOK - MPUC NO, 2 STANDARD CONTRACT FOR Socbon tie 9 SOLAWREWARDS COMMUNITY (Contlnued) Original Stwet ND D4 Exhtblt 1 to Attachment "A" to Solar'Rowards Community Subscriber Agency Agneemont and Consent Form Data Privacy Policies of Northern States Power Company Pertaining to the Solar'Rewards Community Program The daft Privacy p(Arcies a! Northern S-mles Power Company pertaining to lire Solan-t'tewarm Commun ry Program are at lotion's and may be arranged from titre to Ir m as filed in the Comrpany's tariff or as otnermse may be arrJx&ed by the Minnesota Public U iidw-s Canmssion ('MpUC') Dermttforrs Unless indcred altrivAse the same don tion and meaning at tarm% an Itms document are the tarok as CW.0, ykd in the Standwd Corurad to, Sdar'Rowarm Community For ease of refereme here are some of Ina sfoeoy.� definitions 'Company' means Norrrem Stales Pacer Company. a IAnnesota corporatwn and its affOates and agents 'Subscribed Energy' means electrrrlg generated by trre PV System atrrnutable to the Sul scroars' Subserpbons and dolivumd to Cro Company at the Producin n Meier or, or after the Date of Cornmorcia' Opon. Wn 'Subsa'ibce moons a rota' customer of the Company „fio owns one or more SvbszrW4K na at a arnmunrty solar garden inte-ranneaed wilt the Company 'Subsrrtbers Account tnformatan consists of the Subscribers name amount number, semce adlress. lelephDrne numbo nma addmss vmb Mr URL information on Subscriber partu4wton in other dls!rbulad germr.aton serv:rg tyre premises of toe Subscriber, end Subs:nuer specific bel Crft"fi) 'Subsenoers 1_nergy Usage Data' eicludes the past, paesenl and hru'e electn:tty usage eHritneahle to the Sublivibcr to, Silo sarvioa addrmsi and amount number idontilmd lot participation in I'm Community So?& Garden (Gant=turd rrr Shea' Fb P-95) nate Voed 06130 13 by David 1.1 S,,mrby Llfeawe Datc O? 1 i '4 Ptr„idc7' nnJ CEO of Nnr;hr•n SWc— Pars., rcrnpnny a I.;in+t s:> r carps rTbor. Ilucie.,No 1-X:?It 13 V,7 LF.det03't pg I. lot .'r—X-,'— t- 27 Northem States Pnwor Company. A Mirnosota conparnon L nnespolls, Mlnnesots 55401 MINNESOTA ELECTRIC RATE BOOK • MPUC NO.2 STANDARD CONTRACT FOR Sod= ND a SDLAR'REWARDS COMMUWTY (Contlnuodj Origehal Sheet No 95 Overview N This saroon addresses flow Subseroers Accounr Infornhabon and Subscribm's Energy Usage Data will be nal ectad, used and ",ad as pwt of parboMlim in Rm Soli' Rewards Communlly Proprom 1. How.Subscrfber's Account Information and Enemy Usage Pato WinkEsehanacE Subserhor Spery!x:In!orms-on Once a Subwaber has execuoad a Subscriber Agency Agreement end Consent Form• an ongoing data exchange wB cover betw'oen the Company and a Corn icy Suar Gartlan Oporwer (and their dosignated subcontractors and a;cnM) (i) The Campany v4 &sclaw We tatowtng SubsCnberapeCifiC nformabon M the Comenrehity Solar Garden Oporalo- • Subscibvr % Accorsnt In!*!,, I= • Subsaiber•s Energy Usage Daae • Bill credits (i,) The Commu'hlty Solar Garden Operas will dadoae to the Campany the fofIaMng Sbsaber-spLcdhc Informabon • Subw lbe s Aouhml Informatxn • Community Solar Ga -den AIWca'ran for each SWscnaer's Subsctptm stated in MY • Productim data related to the PV System • Monihly Subscription Information b Agxogaloa Subscriber Information Ay)rogatad Sub=oor Information wilt bu rcwrtod as part of Pormirro Public Repmrting oullinod in Soctron 2(bi below To bu oonsderod'aggreopted' too reponod irdormPim must indudo information atuibuta`.de to oil Sutncrib" pa-zipatrrsg In a "ciftr: Solar'Rewards Community program i!se, which based on progrxn reDueen"ts will contain e minmLrn of five Sabrcnbors Dopending on ftrn nalure of the aggregated infarmabon howovor• fron the Information o ono o! In mmbinagon with other p blidy eveMbte inlormw1an 11 may slip be possibk ID Inter the smwnt of prod,rCror. stlsibuted In Ind vidua' Subscnbers 1- tic Community Sotar Gordon. f, fConbnued on Sheet Na U -i J) Datrihrd an -30.1: Ily David Sr=try Ffuct.•i Date C-9 117-1.4 President any 0110 of ffaamm Stats_ Panni Corn, any F hllmesoa eo•poravon nmkrt NO FD32IN 1.157 Ori1L' R:rtG 09 t. 14 �c.•..•.r�.,r•^olv:swan..rur.-ru- ».�v. s m• u 28 Nortnem Stain Power Company. a fAmnesota corpora ion I-florsaapalis. IAinnabeta 554=1 MINNESOTA ELECTRIC RATE BOOK -MPUC NO. 2 STANDARD CONTRACT FOR Sbcian No 6 SOLAWREWARDS COMMUNITY (Continued) Original Sheet. No 06 How Subscriber's Intormatton WJI! Be Used The fatlovnrg ou0rw5 crow the St-acrher's Amount Inlarmalion and Subscribor Energy Usage Dats will be usbd a: pan of the Stitar'Ro ards Ccrnmu uty Program Prugwn Meriagemem At part of atirmnislering tht Solar•Rtvrards Cornmimity program, the Sola- Garden Operator and the Comparejr may provide information related to the Subscriber andror the Conrnuruty Solar Garden to • SheMPUC • the Minnesota Department o: Commerce • the M+nnos= OIFcc of Attorney General • Ot.he• governmenta' or private enlibes as required by Ww or re7ilabon Additionally, as pert bf o*nnistersng the SolarRewards Commurey program Lie Company may share SutrscxrbeYs Acmunl Information and Subscriber s Energy Usap Dain to sarvico providers agonts of contrticted agorrs who support the program on as behalf TTe C=pany wotibts trlese servroe providers from using or disdosing ttre Subscribets information except as necessary to perform those spocif c services or to comply with legal requirements Ham informabon obw the Company's general privacy practices rs explained In its Privacy Policy ava_able on cowry xCeeneer.com. Permitted Public ReDon.V The Subscribeft inergy Usage Data at each partidparrg Subscriber to a Communly Solar Garden will be combined and reported in tree aggregate by vie Commurilly Solar Gw den Operator in to annual report on the So'ar'Rewarcis Community, prognrn The identily of smci' c Sutmaibem, the specific Subsaiber s Account Information, SubrenWs Energy Usage Data and Subs %Der-apecif= Bit Creds: wall not be listed In the public annus repon unless the Subscriber has provided Cie Cormmun+ly Solar Garde-, Oporolor wY.h Wmr written consent per the rbgwro:ne-its of the M PUC, the Ctmlurny will providr to the MPUC annus' ropcirts vrhictt will induos ntormatoi or aata requested by the IAPUG a IAinnesom Department o' Commerce InVu1ng ria 103,A'ng, = Repon,rsg on Waif'Rewards Cammuntly prog•arn costs L'saidio; ah anaiysn of the deposit. applralann participation and mewing lees and curbs justf rat.on tar these fees going forward; • Roporimj en the SaarRm-ords Carnmuri4 Gordon*. indudmg but W,, limixd to size, location end lht 4-,* o! Sola -Rewards Communiy sutisvftr groups. + Fieparbng on kt"An mmoelnts and the resalubon of these complaints A copy c: each contract signol vnth a Community Solar Go -don Ope-ator, it rw- prev os!j Mao • Lessons learned ons nip• po:ordsa' draVt?.% to tiro prop -nm • Repo on ti. csed:a earned and pail end the Appl,crtm, pra�ry� IContnut!d an S'reel No 4 D71 Date Vilea CCI -Kw, n Er David 1; Spertri £fIc-mot Dale D? 17 1, PlV'-Kh!11111111 CED 011:11 NI^n Sate✓ Parr. r Cirigm, y 1, Id rsmrsnL•i mT�aratixs Dod'e",Na_ EUJ2,W 13 -FSG", r. e..+.Wiz-:,..rarrrsruxw,arr�n�e•u ��rav,an..n.. 29 Orde• Dole D. 17-14 Nortnem States Power Carfpany. a M nnesola oorpora!ron Mmnnaspo'n, Minnesota 5$401 MINNESOTA ELECTRIC BATE BOOK - MPUC NO, 2 STANDARD CONTRACT FOR Section No B SOLAWREWARDS COMMUNITY (Cantinuedj lst Revised Sheet No i Now Subserlbaes IntormaWri Will Be Uaed fCoRglnuedl ProhCited Reporting or Shanrrg Fxcn, t ns VAamse provdod in thi docurnote the Company will not drsGose the Subs:nbe�s A=unt nformebon. Subsaibe•s Enrgy Usage Data or Subsaihtr-speWic Bill Credits to a turd party voiMoul fust obarilrig the SrtrecrCtrt wrr,len oonsent Any requests by the Cornmunny Solar Garden Operator to t -M Company tar rff x. bon about a Ssbscnoer that is not Subscribes Account Inlormatior. or Subscribers Energy Usage Data will require au cubon of a separate written consent by the Srbli Tiber Nxmlhatandir0 the previous 511116 clan• the Companywlli not provide ins C.amnuroty Solar Garden Opa•ator with Cha Suhus tier's Socat Secuxy thirstier unless drected to do so by the MPUC at Minnesota Department of Commeme v compelled by Jew or regutaton The fopowtng outlines what infbvr atnn is available to the Subscr<bsr from the Company and the Community Solar Garden Operator, add methods of mrractap any irr om"6as Information Available ham the Company S3ismtmars Can mnlaet tit Cprnpany's cab eontmr to atrtan irft labii porlairrng to thoif specitc Bill Credit vitnhutsblo to mei• pa-t6Dation in SolarRewards COmmimty urogram The corre=in of any elloWjon of previously-apptred Biu Credits a -non Subscribers or payments to the Community Solar Gordon Operator kw Unsm ed Energy. pertanir, to a pamaMr mmtn clue to any inaroiracy reheclled In aura lAonvly Subvrt[ Dm Infonnabon+mtn regard to a SzscAws S.rtnai ton In the PV System and the bermhoal sham of pintavol%= energy prodv=d by the PV System or tic sham o' Unsubscribed Energy, shal be the full responslaty of the Community Solar Garden Operate•, unless suds ina=urades a -n caused by tic Company Subscribers may also obtain ham ft Company bio fa2owing information WAted to tic SolarRtrwards Commutity Propram WOW obtalnim written consent from the Community Solar Garden Operator • Community Soca+ Garden Add -ass • Operator name • Nameprato Capaaty • ProduiZon data related to the PV system • BIT Credit Rate and form amount of Bill Credits applied to lhr PV System • Any other inlormabon p"ininp to the Subscribers Eubsaiphon Otnnr Information ingardug the Commun!tl• Seat Garden Oprda;a-►;nonr to fhr Company win i not be drsdosod unless t•, aubsc lber obtauis p%)r enpSC. informed mnsont front the Comrnrnlly Solar Gorde-i Opvtoto o, unless directed to d; sa t.y Ihr MPUC o- lAin exo!a Depat-nrnt nI C"rnnrm vi rxunprtitd try law at rr3daLai (CmGrnmt� o: Sheet fin 9P^_' Date riled D7 :1-1G By Ghns'-pho B Ciark FNecum Datr US-l1.1C Nesrient. Northern Slates Poafr Gorriyomry, a IAmrriosota eorparobun 1`00 flit 13.1.61 Order pair 1Kr71-16 30 Northam Stales Power Company. a Minnesota corporation Mimeapobs. Minnesota 5:401 MINNESOTA ELECTRIC RATE BOOK • MPUC NO, g STANDARD CONTRACT FOR Section No 0 SOLAR+REWARDS CDUMUNITY (Continued) Original Sheet No 96 3. SubacdtmrVala Access and Correction Xavillnuml h. IntorrWom Availabta hem the Ctrimtx4e Sofa Gordan Operator Suhsc hloa and prospectne suoscrlbm can COntaCl the CDmmunny Satan Garden Operator to obtain the follow -rig hfwmabon: • Future rests and beneUs al the Subscription, Indudrrg I All norreeurhng (et., one -tone) charges, Ii- All recurring charges; Iii. Terms and Conditons of meykoe. iv. Mother any charges may euvease during the coarse of armee, and It so, how mu: h advance notice is provided to the Subscrbar; v. Me7ex the Subscriber may be required to sign a term contract; vi Torms and conditions for aarly larm)rwion; vii. Any penaliiees that the Community Solat Garden may cl urge to the Subscriber, Ali The prooess for unsubsaiberg and Arty associated costs, ii An ezdenation of the Subscriber data the Curnmurey Sola- Garden Operator will share with Northern States Poww Company and tial Northom Strifes Power Company vf3 shme wkh the Community Sotat Garden Operator, x. The data privacy policies of Northam Slates Power Company and of the Community Solar Garden Operator, x). The method of providing, notim to Subscibers wfien Cte Corrvnunity Sotar Garden is out W. service, intdrdirg notice of estimated length and loss of production; x)i Assuraxe tM: all insatations, upgrades and repolrs w:l be unci- dract supervision We NABCEP-centhed solar professional and tae: maintenance wit be performed ermdma to Industry standards, hdudirg the rtxamma+Wation: o! kre manufaGunars of solar panels and otter operational components, xib. Allocation of urmubscrribod production: and xiv. A statement that the Community Solar Gorden Operator is solely respo%late for reserving any dsputos vft Norfhem States Power Company ar the Subscriber ebur. the accuracy of the Cenrnusity Soar Garden proda_florr and that Nortnem States Pacer Company is safely responsibla lot resoling any dispwes wet: thr Subscriber abort the appfiaabie rate uso.1 to determine the amourn o: t're bill Credo • Copy a the contract with Northern States Poker Company for the Solsr'Rekards Cb nmunny Progtam • Copy C! the soar panel warranty • t10s Vuon of the compensation to 6e paid Ion Any und&-perlarmarrce • Prool of hsuranne + Proe alin W94onrl maimlohanca pt+n + Current product -on pro;ec9vm ecru s dw criplion of the methodology used to develop pro3.,Ci3i project ons + Communily Solar Garden Operator contact information rat quostons a -id complaints + Delnohsbal,on t71* Sabsv@x:r by the Community Sofa, Gorden Ohemlor chs: it has suhmiem funds to operale prld maeata!n tf.e: WarlRowards Community Program ICorrrnue4 en Sheet No. P-99) Data Flied Waz3 -t5 By. Drier 1.1 Spamy noctev nate 00-17.14 Presderd end CEO o! NDIViom State!, Pwwr Company, o IACmeS0LLI CSfpbra:fan Dont" No EOJ211-1•13-857 Ordr• Dnlo 09.17-14 G �l1•'..d a: x+a GU CiF2a RUka:arAn�rY�_�..ca7r_r_bar tar 31 NoMem Slats Parr- Company, a PAInnesata co7m abon Minna ohs, Minnasdta 6WI MINNESOTA ELECTRIC RATE BOOK • MPUC NO.2 STANDARD CONTRACT FOR Sed*n No D SOLAWREWARDS COMMUNITY (Continued) 1st Revised Sheet No tag - 0-MMIFIT. Intormabon Available ham the Community Sotar Garden Oporator (Conned) ThE Comm mity Sotar Garden Operator Is solely responsible For the a=ura --y a Me S,rbsOibeYs 00re smile Comh,;rnlh Solar Gordon prCdactipn irdorma;ioi torwa dod to the Company, and should msavp v&h trip Subscriber any Osp,rtr repardnp the axuraey a! such intormeakrr. Subscribers can submit comments to Vie C.ampnny an ire accuracy and com0eleness of I- annual reporl by mrAoary) SRC IAN!b1xtetenemv -tarn 4. Data Retention Tyro Company will rotain the Subsrsibofs A= m In'amnabon Subscribes Energy Usage Data and Information on 6h Credas for ae fang as reG:dwd under appbeWe taw Dnlr I r'ad [!?-21-1U By Chnslophe L Curl, Lrle_Lve Uelr. W 11.16 Prestilerll Norlhern Stntus Powe, Corrpnny, n Mmnt:.;.,n Wti-xaton Do:ko' No ED:2$1,-13-861 Uro r Des Pi.21-16 32 I . Financing PaM Conditions. In order to finance the development and operation of the System, Operator may borrow money from a Financing Party (as defined in the Agreement). Subscriber acknowledges that Operator may finance the acquisition, development, installation, operation and maintenance of the System with financing or other accommodations from one or more financial institutions and that Operator's obligations to the Financing Party may be secured by, among other collateral, a pledge or collateral assignment of the Agreement and a first priority security interest in The System (collectively, the "Security Interest"). In order to facilitate the necessary financing, Subscriber consents to Operator's granting to the Financing Party the Security Interest. Subscriber acknowledges and agrees that: (i) Subscriber and all of Subscriber's rights under the Agreement are and will be subject and subordinate to the Security Interest (and as later modified by any and all renewals, modifications, supplement, amendments, consolidations, replacements, substitutions, additions, and extensions); and (ii) no amendment or modifications of the Agreement is permitted without the Financing Party's written consent. 2. Financing Party's Default Rights. If Operator defaults under the financing documents with the Financing Party, the following provisions apply: A. The Financing Party, through its Security Interest, will be entitled to exercise any of Operator's rights and remedies under the Agreement. The Financing Party will also be entitled to exercise all rights and remedies of secured parties generally with respect to the Agreement and the System. B. The Financing Party will have the right, but not the obligations, to pay all sums due from Operator under the A�, eement and to perform any other act, duty, or obligation required of Operator, and to cure any default by Operator in the time and manner provided by the terns of the Agreement. Nothing requires the Financing Party to cure any default by Operator (an "Operator Default") under the Agreement, to perform any act, duty or obligation of Operator under (lie Agreement, unless the Financing Party has succeeded to Operator's rights under the Agreement, but Subscriber hereby gives Financing Party the option to do so. C. If the Financing Party exercises its remedies under the Security Interest in the System, including any sale by the Financing Party, whether by judicial proceeding or under any power of sale, or any conveyance from Operator to Financing Parry (or its assignee) in lieu of sale, the Financing Party will give Subscriber notice of the transfer or assignment of the Agreement. If Financing 33 Party exercises these remedies, it will not constitute a default under the Agreement, and will not require Subscriber consent. D. Upon any rejection or other termination of the Agreement under any process undertaken with respect to Operator under the United States Bankruptcy Code, Subscriber agrees to enter into a new agreement with Financing Party or its assignee under substantially the same terns as the Agreement if Financing Party so requests within ninety (90) days of the termination or rejection of the Agreement. E. At Operator's request, Subscriber agrees to execute and deliver to Financing Parry and Operator such acknowledgment consent as may be required by Financing Parry and in which Subscriber acknowledges and confirms that the legal and beneficial ownership of the System remains in Operator, or its affiliate, and that the System is the property of Operator, or its affiliate. 3. Financing Party's Right to Cure. Regardless of any contrary tenns in the Agreement: A. Subscriber will not terminate or suspend the Agreement unless Subscriber has given the Financing Party prior written notice of Subscriber's intent to terminate or suspend the Agreement describing the event giving rise to the alleged Operator Default, and provide the Financing Party with the opportunity to cure the Operator Default within sixty (50) days after such notice or any longer period provided for in the Agreement. If the Operator Default reasonably cannot be cured by the Financing Party within the period established under the Agreement, and the Financing. Party commences and continuously pursues the cure of such Operator Default within that period, the period for cure will be extended for a reasonable period of time under the circumstances, but not to exceed an additional thirty (30) days. Operator's and Subscriber's respective obligations will otherwise remain in effect during the cure period. B. If file Financing Party or its lawful assignee (including any buyer or transferee) acquires title to or control of Operator's assets and within the applicable time period cures all defaults under the Agreement existing as of the date of such change in control in the manner required by the Agreement and which are capable of cure by a third party, then the Financing Party or such third party buyer or transferee will no longer be in default under the Agreement, and the Agreement will continue in full force and effect. C. At the request of Financing Party andlor its assignee, Subscriber agrees to execute and deliver any document, instrument, or statement (but not including any payment) required by law or otherwise as reasonably requested by Financing Party or its assignee in order to create, perfect, continue, or terminate the security interest in favor of Financing Party in all assets of Operator, and to secure the obligations evidences by the Security Interest. 34 Exhibit C Description of Svstem Solar System Site Location: Stearns County Anticipated Commercial Operation Date: September 1, 2018 Solar System Size: 1,000 kw (AC) (representing an initial estimate, which may vary depending on the final design of the System) Retail Service Address: 211 Cedar St, Monticello, MN 55362 Premise #302233672 Account #51-6505909-4 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.40%) 3698 School Blvd, Monticello, MN 55362 Premise 4304172598 Account #51-9069641-8 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 4.86%) 118 W 6th St FI2, Monticello, MN 55362 Premise #302602625 Account #51-9391437-3 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.46%) 118 W 6th St F11, Monticello, MN 55362 Premise #303380654 Account 051-9391437-3 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.279rb) 200 W 6th St, Monticello, MN 55362 Premise #302337545 Account #51-4271112-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 10.39'%) 312 W 5th St, Monticello, MN 55362 Premise #302815329 Account #51-6505913-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 4.92`J,) 35 203 Chelsea Rd, Monticello, MN 55362 Premise #303842182 Account #51-6505912-9 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.77%) 324 W 5th St, Monticello, MN 55362 Premise #302712204 Account #51-7780310-4 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.18%n) 113 W River St, Monticello, MN 55362 Premise #303584863 Account #51-6505915-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.00%) 1 13 W River St, Monticello, MN 55362 Premise 4302866204 Account #51-6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.90%) 835 W River St, Monticello, MN 55362 Premise #303337403 Account #51-6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.34%) 326 Riverview Dr, Monticello, MN 55362 Premise #303387156 Account #51-6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.07%) 800 Meadow Oak Dr, Monticello, MN 55362 Premise #303427445 Account #51-6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.37%) 110 Marvin Rd, Monticello, MN 55362 Premise #303807370 Account #51-6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.41` ) 3176 Chelsea Rd W, Monticello, MN 55362 Premise 4303986811 36 Account #51-6505906-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 1.55%) 909 Golf Course Rd, Monticello, MN 55362 Premise #302172070 Account #51-6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 2.59%) 909 Golf Course Rd, Monticello, MN 55362 Premise #302964449 Account #51-6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 7.98146) 8617 Edmonson Ave NE, Monticello, MN 55362 Premise #303783042 Account 451-6505914-1 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 0.14"%) 510 E 4th St, Monticello, MN 55362 Premise #302532489 Account #51-6505915-2 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 3.30%) 405 Ramsey St, Monticello, MN 55362 Premise #302313399 Account 451-0395766-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 16.48`'U) 205 Chelsea Rd, Monticello, MN 55362 Premise #302741386 Account #51-6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 7.28°!) 207 Chealsea Rd, Monticello, MN 55362 Premise #303608933 Account #51-6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 13.73! U) 8770 Jason Ave NE, Monticello, MN 55362 Premise #303651010 Account #51-6505905-0 (Estimated Proportion of Subscribers Allocated Percentage Assigned to Address: 6.06%) 37 Exhibit D The M11h Rate shall be 1I.90¢1k%%']t (%Wh Rate") with 0% annual escalator Estimated Annual Delivered Energy Estimated Annual Delivered Energy commencing on the Commercial Operation Date, and continuing through the Term, with respect to the System under the Agreement shall be as follows: 1 2,005,500 40.0% 802,200 $0.1190 2 1,995,473 40.0% 798,189 $0.1190 3 1,985,495 40.0% 794,198 $0.1190 4 1,975,568 40.0% 790,227 $0.1190 5 1,965,690 40.0% 786,276 $0.1190 6 1,955,861 40.0% 782,345 $0.1190 7 1,946,082 40.0% 778,433 $0.1190 8 1,936,352 40.0% 774,541 $0.1190 9 1,926,670 40.0% 770,668 $0.1190 10 1,917,037 40.0% 766,815 $0.1190 11 1,907,451 40.0% 762,981 $0.1190 12 1,897,914 40.0% 759,166 $0.1190 13 1,888,425 40.0% 755,370 $0.1190 14 1,878,982 40.0% 751,593 $0.1190 15 1,869,588 40.0% 747,835 $0.1190 16 1,860,240 40.0% 744,096 $0.1190 17 1,850,938 40.0% 740,375 $0.1190 18 1,841,684 40.0% 736,673 $0.1190 19 1,832,475 40.0% 732,990 $0.1190 20 1,823,313 40.0% 729,325 $0.1190 21 1,814,196 40.0% 725,679 $0.1190 22 1,805,125 40.0% 722,050 $0.1190 23 1,796,100 40.0% 718,440 $0.1190 24 1,787,119 40.0% 714,848 $0.1190 25 1,778,184 40.0% 711,273 $0.1190 * For the purposes of the table Term year 1 shall commence on the Commercial Operation Date The values set forth in the table above are estimates of (i) the kWhs of Delivered Energy expected to be generated annually by the System and (ii) the portion of the Delivered Energy generated annually that is to be allocated to Subscriber pursuant to Subscriber's Allocated Percentage, which amount is derived by multiplying the estimated Delivered Energy by the Subscriber's Allocated Percentage in each year. The table will be updated upon final design of the System; provided, however, any such updated values shall also be estimates and in no event shall any such values (whether or not updated) be considered to be binding in any way on Operator. 39 Exhibit E Termination Fee X PA -MIM 40.00% $873,535 2 40.00% $853,392 3 40.00% $832,483 4 40.00% $810,762 5 40.00% $788,185 6 40.00% $764,702 7 40.00% $740,261 8 40.00% $714,809 9 40.00% $688,287 10 40.00% $660,636 11 40.00% $631,792 12 40.00% $601,687 13 40.00% $570,251 14 40.00% $537,408 15 40.00% $503,080 16 40.00% $467,184 17 40.00% $429,630 18 40.00% $390,328 19 40.00% $349,179 20 40.00% $306,080 21 40.00% $260,921 22 40.00% $213,590 23 40.00% $163,963 24 40.00% $111,913 25 40.00% $57,306 * For the purposes of the table Term year 1 shall commence on the Commercial Operation Date ** The Termination Fee is based on the Subscriber's Allocated Percentage at the time of termination. The Termination Fee listed on the Effective Date is based on Subscriber's Allocated Percentage on the Effective Date. 40 Exhibit F Lesal Description (To be attached within 120 days of execution of the PPA] 41 City Council Agenda: 07/12/2021 4C. Consideration of approving a purchase agreement and authorizing the City of Monticello to purchase parcel 155-230-000010 for the price of $3,264,559. Prepared by: Meeting Date: ® Regular Agenda Item City Administrator 07/12/2021 ❑ Consent Agenda Item Reviewed by: Approved by: Finance Director City Clerk/City Administrator ACTION REQUESTED Motion to approve a purchase agreement and authorize the City of Monticello to purchase parcel 155-230-000010 for the price of $3,264,559 contingent on Planning Commission finding the purchase consistent with the Comprehensive Plan. REFERENCE AND BACKGROUND The City is developing a Small Area Plan for approximately 100 acres of land in the core of Monticello. Currently known by the interim name Chelsea Commons, the project reimagines potential development in the area to better reflect changing market forces and community needs. It shifts the focus from primarily commercial development toward a varied mix of commercial services, residential living opportunities, and public open space amenities. The draft Small Area Plan features a significant recreational water feature surrounded by a series of interconnected public spaces. It is designed to inspire exceptional private development that values and builds on these distinctive public areas. To bring a vision of this magnitude to life, both public and private entities need to be engaged and willing to participate. Throughout the progression from idea to draft concept, the City of Monticello has emphasized communication with private property owners within the project area to solicit their feedback and ideas. As the Chelsea Commons project gained momentum this spring, a private property owner contacted the City of Monticello and asked the City to consider purchasing their property given its location within the project area. The property is slightly over 35 acres, is centrally located in the envisioned project area, includes land on both sides of Dundas Road, and is contiguous with two parcels already owned by the City of Monticello. Known as Outlot A, Cedar Street Addition, it is Property Identification Number (PID) 155-230-000010 and is currently owned by John and Mary Ellen Lundsten. The City Council considered the potential purchase at a closed meeting on May 24, 2021 and provided consensus for staff on terms for a proposed purchase agreement. As outlined in the purchase agreement attached as supporting data, the proposed terms include a purchase price City Council Agenda: 07/12/2021 of $91,476 per acre/2.10 per square foot. This results in a total purchase price of $3,264,559. The City would agree to pay 1% earnest money up front and the remainder at closing; the closing date is noted as occurring prior to September 1, 2021. The agreement also notes the Buyer (City) agrees to pay closing costs except the Seller's legal fees. The potential purchase would be a significant investment by the City in terms of price but also in successfully assembling the necessary components to create a valuable and unique community amenity. If approved, the purchase consolidates an extensive part of the project area, including areas required for public investment. In addition, once the public amenities have been completed, the City would have the ability to facilitate private development in the remaining parts of the parcel and ensure such development is aligned with the overall goals and vision of the area. Notably, the Small Area Plan has not been formally adopted yet, as staff and City consultants continue to plan, analyze, and adapt the Chelsea Commons concept. However, the City is already experiencing private development interest within the Chelsea Commons project area, staff recommends approving the purchase of the property so the City can make the necessary public improvements as well. City Council is expected to consider adoption of the plan late this summer with phasing options that can be triggered by development within the project area. Budget Impact: The proposed purchase price is $3,264,559. The current balance of almost $1.6 million in the closed bond fund will be used first, which will close out this fund going forward, and the remainder will come from the capital projects fund. $32,645.59 of earnest money is required up front. The remainder will be paid upon closing on the property. While this expenditure is unbudgeted in 2021, cash reserves are available for the purchase. II. Staff Impact: Minimal. Staff time will be used to process payment for the purchase. III. Comprehensive Plan Impact: The Chelsea Commons Small Area Plan is consistent with the Monticello 2040 Vision + Plan; the project area was identified as a Commercial/Residential Flex District to encourage a mix of uses as reflected in the vision for the project. Chelsea Commons is also specifically identified as a future community park in the Parks chapter of the Plan. Finally, the City Council identified the Chelsea Commons Small Area Plan as a strategic priority. STAFF RECOMMENDED ACTION City staff recommends approving the purchase of parcel 155-230-000010 at a price of $3,264,559. SUPPORTING DATA A. Purchase Agreement City Council Agenda: 07/12/2021 B. Draft Chelsea Commons Small Area Plan Concept C. Map of the parcel proposed for purchase VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this "Agreement") is made on the day of , 2021, by and between the City of Monticello, a Minnesota municipal corporation ("Buyer"), and John M. Lundsten and Mary E. Lundsten, husband and wife ("Sellers"). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Sellers agree to sell real property located in the City of Monticello, County of Wright, State of Minnesota (parcel identification number: 155- 230-000010), legally described as Outlot A, Cedar Street Addition, Wright County, Minnesota, according to the recorded plat thereof together with, if any, all right, title, and interest in and to any roads, rights of access, or alleys adjoining or servicing such land, rights-of-way, or easements appurtenant thereto ("Property"). 3. PRICE AND TERMS. The price for the Property included under this Agreement is $3,264,559 which Buyer shall pay as follows: A. Earnest money of $ $32,645.59 ("Earnest Money") shall be deposited into escrow with Land Title ("Title Company") upon execution by Buyer and Sellers of this Agreement, to be applied to the Purchase Price at closing; B. The remainder of the Purchase Price in cash on the Closing Date as hereinafter defined. 4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Sellers shall execute and deliver a Warranty Deed, conveying good and marketable title of record, subject to only to the following exceptions (collectively, "Permitted Exceptions"): A. Building and zoning laws, ordinances, state and federal regulations; B. Easements imposed by the plat of Cedar Street Addition; C. Exceptions to title which constitute encumbrances, restrictions, or easements of record; and D. the Permitted Exceptions determined pursuant to Section 5 below. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Sellers shall pay all general real estate taxes and installments of special assessments due and payable in the year prior to the Date of Closing and in years prior thereto. Real estate taxes due and payable in and for the year of closing shall be prorated between Sellers and Buyer on a calendar year basis to the actual Date of Closing; B. Sellers shall pay on or before the Date of Closing all levied and pending special assessments; C. Sellers shall pay on date of closing any deferred real estate taxes (including "Green Acres" taxes under MINN. STAT. §273.111) or special assessments payment of which is required as a result of the closing of this Agreement; Error! Unknown document property name. 1 D. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter. 6. SELLERS' BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. INTENTIONALLY DELETED. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Sellers, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Property in order to make, at Buyer's expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary in its sole discretion. Buyer agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Sellers from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Buyer shall not perform any invasive testing of the Property without Sellers' prior written consent. Sellers' consent may be conditioned upon any restrictions that Sellers deem necessary. 8. POSSESSION. Sellers shall deliver possession of the Property not later than the actual date of closing. 9. TITLE INSURANCE BY SELLERS. Sellers shall provide Buyer with a current title insurance commitment, ALTA Form B (the "Title Commitment"), issued by the Title Company within twenty (20) days after the date of this Agreement. The Title Commitment shall include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments. Sellers shall pay all costs associated with the issuance of the Title Commitment, not to exceed $1,000. Buyer shall pay the premium for the owner's policy of title insurance and all endorsements. The Title Commitment shall be issued in the full amount of the Purchase Price by which said company commits to issue its policy of title insurance that insures that at Closing Buyer shall have marketable and insurable title of record to the Property, except for Permitted Exceptions and such matters as are approved by Buyer in writing. The title examination period shall commence upon Buyer's receipt of the Title Commitment. Buyer shall be allowed ten (10) days after the receipt of the Title Commitment, for examination of title matters and making any objections thereto. Those objections, if any, shall be made in writing or deemed waived, and all matters set forth in the Title Commitment not timely objected to shall be deemed included in the "Permitted Exceptions". If any objection(s) are made, Seller shall have the right, but not the obligation to cure such objections. Seller shall have fifteen (15) days from receipt of Buyer's written title objections ("Election Period") to notify Buyer whether Seller elects to cure such objections, and if Seller notifies Buyer of Seller's election to cure ("Cure Notice"), then Seller shall have sixty (60) days from Seller's receipt of Buyer's written objection ("Cure Period") to cure such objections. If Seller's Cure Notice is given, payments required hereunder shall be postponed pending correction of title, but upon correction of title and after written notice to Buyer, the parties shall perform this Agreement according to its terms. If no Cure Notice is given or if Cure Notice is given but title is not corrected within the Cure Period, this Agreement may be terminated at the option of Buyer, by written notice to Seller not later than (i) five (5) business days after the expiration of the Election Period if Seller does not issue the Cure Notice, or (ii) five (5) business Error! Unknown document property name. 2 days after expiration of the Cure Period, as applicable. In the event that Buyer cancels this Agreement because of uncorrected title matters, all Earnest Money shall be refunded to Buyer, and Buyer and Sellers agree to sign a Cancellation of Purchase Agreement. If Seller delivers a Cure Notice, then Sellers agree to use all commercially reasonable efforts to cure the applicable title objections notified by Buyer. 10. WELL DISCLOSURE. [Check one of the following: J XX Sellers certifies that Sellers do not know of any wells on the property. Wells on the property are disclosed by Sellers on the attached Well Disclosure form. 11. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check one of the following: ] XX Sellers certify that Sellers do not know of any individual on-site sewage treatment systems on the property. Individual on-site sewage treatment systems on the property are disclosed by Sellers on the attached Disclosure form. 12. SELLERS' COVENANTS, REPRESENTATIONS AND WARRANTIES. Sellers do hereby covenant, warrant and represent to the Buyer as follows: A. Sellers have marketable and insurable title to the Property of record, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of- way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. B. To Sellers' actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Sellers with respect to the Property prior to the date hereof. D. Except as provided herein, Sellers shall indemnify and defend Buyer and otherwise hold Buyer harmless of, from and against any broker who may be entitled to any commission or finder's fee in connection with the transaction contemplated herein to the extent arising from Sellers' actions. E. To Sellers' actual knowledge, there are no underground storage tanks or wells on the Property, it being understood that the foregoing representation shall be recited in the deed to be delivered by the Sellers at Closing. F. Sellers are not foreign persons as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. Error! Unknown document property name. 3 G. To Sellers' actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Sellers with respect to the Property. H. To Sellers' actual knowledge, Sellers' have not: i) "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Property; or ii) taken any action in "response" to a "release" in connection with the Property; or iii) otherwise engaged in any activity or failed to take any action which could subject Sellers or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et seq., as amended ("CERCLA") and any state environmental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances", "toxic substances", "hazardous waste", "pollutant", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. I There has been no labor or material furnished to the Property for Sellers for which payment has not been made. K. To Seller's actual knowledge, there are no present violations of any restrictions relating to the use or improvement of the property. L. To Seller's actual knowledge, methamphetamine production has not occurred on the Property. Sellers shall indemnify and hold Buyer harmless from any and all claims, causes of action, damages, losses, or costs (including reasonable lawyer's fees) relating to breach of the foregoing representations and warranties by Sellers. These warranties and indemnifications shall survive the delivery of the Warranty Deed for a period of twelve (12) months after the Date of Closing. Notwithstanding anything contained in this Agreement to the contrary, all of the representations, warranties and certifications (collectively, the "Representations") which are made by Seller and set forth in this Agreement or in any of the documents or instruments required to be delivered by Seller under this Agreement, including, without limitation, any documents to be delivered at Closing, shall be subject to the following conditions and limitations: (i) each of the Representations shall survive Closing for a period of twelve (12) months after the Closing Date, and any claim arising out of or Error! Unknown document property name. 4 related to the Representations that is not asserted in an action filed and served on or before the date that is twelve (12) months after the Closing Date shall be barred (Purchaser hereby waives any and all claims arising out of or relating to the Representations that are not timely asserted as provided above); (ii) in the event that prior to the time of Closing, during the course of Buyer's inspections, studies, tests and investigations or through other sources, Buyer gains current actual knowledge of a fact or circumstance, which, by its nature, indicates that a Representation was or has become materially untrue or inaccurate, Buyer shall not have the right to bring any lawsuit or other legal action against Seller, nor pursue any other remedies against Seller, as a result of the breach of the Representation caused thereby, but Buyer's sole right shall be to terminate this Agreement and receive a refund of the Earnest Money; and (iii) there shall be no liability on the part of Seller for breaches of Representations of which Buyer had current actual knowledge at Closing. 13. AS -IS. Buyer acknowledges and agrees that, except for the covenants, representations and warranties of Seller expressly contained in this Agreement, the Property shall be sold and conveyed (and accepted by Buyer at Closing) AS IS, WHERE IS, WITH ALL DEFECTS AND WITHOUT ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW. Except as expressly otherwise provided in this Agreement, Seller makes no representation, warranty or covenant, express, implied or statutory, of any kind whatsoever with respect to the Property, including, without limitation, representation, warranty or covenant as to title, survey conditions, use of the Property for Buyer's intended use, the condition of the Property, past or present use, development, investment potential, tax ramifications or consequences, compliance with law, present or future zoning, the presence or absence of hazardous substances, the availability of utilities, access to public road, habitability, merchantability, fitness or suitability for any purpose, or any other matter with respect to the Property (collectively, the "Condition of the Property"), all of which are, except as otherwise expressly provided in this Agreement, hereby expressly disclaimed by Seller. Except as otherwise expressly provided in this Agreement, Buyer acknowledges that Seller has made no representation, warranty or covenant as to the Condition of the Property or compliance of the Property with any federal, state, municipal or local statutes, laws, rules, regulations or ordinances, including, without limitation, those pertaining to construction, building and health codes, land use, zoning, hazardous substances or toxic wastes or substances, pollutants, contaminants, or other environmental matters. The provisions of this Section shall survive the Closing or the termination of this Agreement indefinitely. 14. SELLERS' AFFIDAVIT. At closing, Sellers shall supplement the warranties and representations in this Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116-M, 117-M, or 118-M] Affidavit of Sellers (the "Seller Affidavit"). 15. CLOSING. The closing (the "Closing") shall be at a location designated by Buyer, and shall occur on or before September 1, 2021 ("Closing Date"). At closing, Sellers and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 16. CLOSING DOCUMENTS. A. At the Closing, Sellers shall execute and/or deliver to Buyer the following (collectively the "Closing Documents"): Error! Unknown document property name. 5 (1) Warranty Deed. A Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: "Sellers certify that the Sellers do not know of any wells on the described Property." (2) Sellers' Affidavit. The Seller Affidavit. (3) Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Sellers, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Sellers is not a "foreign person" as defined in § 1445(f)(3) of such Code and such regulations. (4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. (5) Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance true to form for recording. (6) Certification. A certification that the representations and/or warranties made by Sellers are materially the same as were in existence on the date of this Agreement or noting any changes thereto; and (7) Other Documents. All other documents reasonably determined by either party or the Title Company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Buyer shall execute and deliver to Sellers the following: (1) All documents reasonably determined by either party or the Title Company to be necessary to provide title insurance for the Property; (2) Payment of the Purchase Price less the Earnest Money. 17. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: (1) Recording fee for the Warranty Deed; (2) Title Company closing costs; (3) Costs of the Title Commitment in excess of $1,000 (4) The premium for owner's title insurance; (5) State deed tax; and (6) Conservation fee attributable to said deed. B. Sellers shall pay all (1) Costs of the Title Commitment up to $1,000. (2) Sellers' legal fees. 18. ADDITIONAL TERMS. A. Buyer's Contingencies: The following contingencies must be complete or waived (or deemed waived) before the refundable Earnest Money becomes non-refundable and Buyer becomes bound to close this transaction. Buyer shall have until the Closing Date to complete the following Error! Unknown document property name. contingencies. Buyer shall have the right to unilaterally waive any contingency by written notice to Sellers. The contingencies are as follows: (i) Buyer may perform, at its sole cost and expense, examinations and inspections relative to the economic and physical feasibility of the Property as Buyer determines in its sole and absolute discretion, including, without limitation, engineering studies, wetland delineation, market analysis, financial feasibility analysis including the availability of financing, and environmental assessments of the Property ("Tests"); provided, however, the tests shall not include and Buyer shall not be permitted to perform any destructive or invasive testing, soil borings, test borings, excavations, Phase II environmental assessments, or installing or testing any wells or groundwater on, under or about the Property without Sellers' prior written consent, not unreasonably withheld. Buyer shall promptly commence and diligently proceed with its Tests. Buyer and its duly authorized agents will, pursuant to Section 7, have the right during the period from the Effective Date until the Closing, to enter in and upon the Property to complete its due diligence, including without limitations, completing the Tests. If such Tests reveal any condition or circumstances which Buyer finds objectionable for any reason, in Buyer's sole and absolute discretion, Buyer shall have the right and option to terminate this Agreement by written notice delivered to Sellers on or before the Closing Date, at which time all Earnest Money shall be released to Buyer. Buyer shall have the right to terminate this Agreement by written notice to Sellers not later than the Closing Date if any of the forgoing contingencies have not been satisfied, in Buyer's sole and absolute discretion, or waived by Buyer, by written notice from Buyer to Sellers at any time prior to the Closing Date. Upon such termination, the Earnest Money shall be immediately returned to Buyer and upon such return neither party will have any further rights or obligations regarding this Agreement or the Property. If no notice is delivered by Buyer to Sellers prior to the Closing Date, then all contingencies shall be deemed waived. The contingencies set forth in this Section 17 are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive such contingencies by written notice to Sellers. 19. DEFAULT. If either party defaults in any of its respective obligations under this Agreement, the other party, by notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall not be less than 30 days after the giving of such notice), may terminate this Agreement. For avoidance of doubt, notice to terminate by Sellers given in accordance with Minnesota Statutes Section 559.21 shall be deemed to satisfy the 30 -day notice requirement set forth above. Upon such termination date, unless the default so specified has been cured, this Agreement shall terminate. In the case of any default by Buyer, Sellers may terminate this Agreement as provided above and upon such termination all Earnest Money shall be disbursed to Sellers. Sellers shall not be entitled to bring an action for damages; provided, however, Sellers retain the right to pursue damages for breach of Buyer's indemnification obligations set forth in this Agreement. If Sellers shall fail to consummate this Agreement for any reason except Buyer's default or the termination of this Agreement pursuant to a right to terminate given herein, Buyer may terminate this Agreement and have all of the Earnest Money refunded to Buyer as Buyer's sole remedies. Error! Unknown document property name. 7 Notwithstanding the forgoing and except as otherwise provided in Section 12, in the event of the discovery of a Sellers breach of a representation or warranty after Closing, Buyer shall have all rights and remedies available at law or in equity, provided, that Buyer commences action for such breach within twelve (12) months after the Date of Closing. 20. ADDENDA. Attached are no addenda which are made a part of this Agreement. 21. TIME IS OF THE ESSENCE; CALCULATION OF TIME PERIODS. Time is of the essence for all provisions of this Agreement. Unless otherwise specifically provided herein, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday under the laws of the State of Minnesota, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. The final day of such period shall be deemed to end at 5:00 p.m., Central Standard Time. 22. SURVIVAL. Except for the provisions of Section 13 which survive indefinitely, all of the terms of this Agreement will survive and be enforceable after the Closing for twelve (12) months, except those expressly waived by Buyer. 23. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 24. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 25. BINDING EFFECT; NO WAIVERS. This Agreement binds and benefits the parties and their heirs, representatives, successors and assigns. The waiver by either party hereto of any condition or the breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. Buyer, in its sole discretion may waive any right conferred upon Buyer by this Agreement; provided that such waiver shall only be made by Buyer giving Sellers written notice specifically describing the right waived. 26. GOVERNING LAW. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. 27. RELATIONSHIP BETWEEN SELLERS AND BUYER. Nothing in this Agreement shall be construed as creating a joint venture between the Sellers and Buyer or any relationship other than that of seller and buyer. Error! Unknown document property name. 8 28. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): TO SELLERS: John M. Lundsten and Mary Ellen Lundsten 1804 Hillside Lane Buffalo, MN 55313 with copy to: Larkin Hoffman Daly & Lindgren Ltd. 8300 Norman Center Drive, Suite 1000 Minneapolis, MN 55437 Attn: Ryan N. Boe E-mail: rboe(cr�,larkinhoffman.com TO BUYER: Monticello City Hall 505 Walnut Street Monticello, MN 55362 Attn: City Administrator With a copy to: Campbell Knutson, P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Attn: Joel Jamnik, City Attorney 29. ASSIGNMENT. Seller may assign all or any of its rights under this Agreement without Buyer's consent to Lundsten Farms Partnership or any other entity which is owned by either of Sellers. Buyer may not assign all or any of its rights under this Agreement without the prior written consent of the Seller. No assignment by Buyer shall release or relieve Buyer from any obligations or liabilities under this Agreement. Any attempted assignment by Buyer in violation of this Section 29 shall be void, at Seller's option. 30. COUNTERPARTS. This Agreement may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument. This Agreement may be executed with signatures transmitted by email or other electronic means and shall constitute a binding agreement with such signatures. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Error! Unknown document property name. 9 I agree to buy the property for the price and terms and conditions set forth above. Dated: .2021 CITY OF MONTICELLO M. Mayor Lloyd Hilgart Attest: Jennifer Schreiber, City Clerk I agree to sell the property for the price and terms and conditions set forth above. Dated: , 2021 SELLERS: 4828-6782-0015, v. 3 Error! Unknown document property name. 10 CHELSEA COMMONS 4� nofteecceea, negocoaret Gateway Plaza( Major Gatewa #'2 \If - Gateways/Focus Areas Vignette Drawings A P eRelsea 5101) F.L C High Parking p I I M ai zi, r Gat - scar . L Co qna ry i�fe—w a 16L Po Major. % Gateway ;"=300' AN 6 North k16 Depth ML DOC k- Q L Ac wal' oddle Porgy i ?. I S. ' D I k%pl I - i K ml "Cra. m_ ";mI m W C u rren t Tow n ho u Se PFOP05al estr . N cress D 0 -Secondary ay -- --Se-condary Gateway arkway Major r , t' effj y,4p j Secondary (—, A t P I Al A 4FF