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EDA Agenda 12-14-2016AGENDA REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, December 14th, 2016 — 6:00 p.m. Mississippi Room, Monticello Community Center SPECIAL MEETING 5:00 p.m. to 5:45 p.m. DISCUSSION OF SMALL AREA STUDY INTERVIEW RESULTS MEET IN THE ACADEMY ROOM AT CITY HALL Commissioners: President Bill Demeules, Vice President Bill Tapper, Treasurer Steve Johnson, Tracy Hinz, James Davidson, and Council members Tom Perrault and Lloyd Hilgart Staff. Jeff O'Neill, Angela Schumann, EDA Executive Director Jim Thares, Jacob Thunander, Wayne Oberg 1. SPECIAL MEETING - Call to Order 5:00 p.m. 2. Roll Call 3. Consideration of Small Areas Study Interview Results 4. REGULAR MEETING — Call to Order and Roll Call 6:00 p.m. 5. Approve Meeting Minutes: a. Special Meeting — November 9t', 2016 b. Regular Meeting — November 9t', 2016 c. Special Meeting — November 29th, 2016 6. Consideration of additional agenda items 7. Consideration of approving payment of bills 7a Consideration of approving payments to Kennedy and Graven 7b Consideration of approving payments to Monticello Chamber of Commerce 8. PUBLIC HEARING — Consideration of Sale of 349 West Broadway to April Studer 9. Consideration of 2017 Membership in the Wright Co. Econ. Dev. Partnership, Duane N. 10. Consideration of authorizing staff to solicit quotes for a housing market demand study 11. Consideration of appointing a prospect response team/subcommittee 12. Consideration of approving letter of support for Fallon Avenue Grant Application 13. Consideration of Director's Report 14. Closed session — Consideration of recessing to closed session to develop or consider offers or counter - offers for the purchase or sale of real or personal property pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(3). 15. Adjourn MINUTES SPECIAL MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, November 9th, 2016 — 4:30 p.m. Academy Room, Monticello Community Center Present: Bill Demeules, Bill Tapper, Steve Johnson, Tracy Hinz, James Davidson, Tom Perrault, and Lloyd Hilgart Staff- Angela Schumann, Jim Thares, Jacob Thunander 1. Call to Order Bill Demeules called the meeting to order at 4:30 p.m. 2. Roll Call 3. Consideration of Small Areas Study RFP Submittals (Review and Scoring) The EDA reviewed and ranked four RFP submittals for the downtown Small Area Study. Proposals were submitted by Cuningham Group, Economic Development Services, Inc., WSB & Associates, Inc., and Northwest Associated Consultants, Inc. The EDA selected three of the four submittals to interview, which included Cuningham Group, Economic Development Services, Inc., and Northwest Associated Consultants, Inc. The EDA then wrote down questions they would like to ask each consultant during the interviews. 4. Adiourn TOM PERRAULT MOVED TO ADJOURN THE SPECIAL MEETING AT 5:40 P.M. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED, 7 -0. Recorder: Jacob Thunander Approved: December 14th, 2016 Attest: Jim Thares, Economic Development Director MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, November 9th, 2016 — 6:00 p.m. Mississippi Room, Monticello Community Center Present: Bill Demeules, Bill Tapper, Steve Johnson, Tracy Hinz, James Davidson, Tom Perrault, and Lloyd Hilgart Staff Angela Schumann, Jim Thares, Jacob Thunander 1. Call to Order Bill Demeules called the meeting to order at 6:00 p.m. 2. Roll Call 3. Approve Meeting Minutes a. Special Meeting — October 12tt', 2016 i. Walking Tour Summary — October 12th, 2016 TRACY HINZ MOVED TO APPROVE THE OCTOBER 12TH, 2016 SPECIAL MEETING MINUTES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED, 6 -0 -1 WITH BILL TAPPER ABSTAINING DUE TO HIS ABSENCE DURING THE MEETING. b. Regular Meeting — October 12th, 2016 TOM PERRAULT MOVED TO APPROVE THE OCTOBER 12TH, 2016 REGULAR MEETING MINUTES WITH NOTED CORRECTIONS. TRACY HINZ SECONDED THE MOTION. MOTION CARRIED, 6 -0 -1 WITH BILL TAPPER ABSTAINING DUE TO HIS ABSENCE DURING THE MEETING. 4. Consideration of additional agenda items None. 5. Consideration of approving payment of bills Steve Johnson asked staff to verify the three invoices for $15.00 each from the Monticello Chamber of Commerce. Bill Tapper asked if the Dahlheimer property conveyance ($1,528), Fred's Auto property conveyance ($1,045), and the sale of 413 4t' Street West ($969) could be costs charged to the purchaser. Angela Schumann said that staff would look into the purchase agreements for each of these properties. BILL TAPPER MOVED TO APPROVE THE OCTOBER PAYMENT OF BILLS WITH THE CHANGES NOTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED, 7 -0. 6. Consideration of setting a meeting date / time for presentations of the Small Area Study Jim Thares stated during the prior special meeting, the EDA and City Staff had the opportunity to review four proposals for the Small Area Study of the downtown. Thares stated the EDA selected three of the four proposals to move forward and was asked to set up interviews with each firm to ask questions regarding their planning process. The EDA would like to conduct all three interviews on one day with November 22nd at 4:30 p.m. being their first choice and November 29th at 4:30 p.m. being their second choice. 7. Consideration of Director's Report Jim Thares provided the Director's Report and started by discussing the large international firm that is looking to locate in Minnesota. Monticello is one of thirty possible location sites. Thares said the location of the firm would be at the northwest edge of the City and they have asked for the land prices. Thares said the City should be hearing back by the end of November if they are still in the running. Thares then explained about the high tech precision machining firm interested in locating in Otter Creek Business Park. Bill Demueles asked if those lots were shovel ready. Thares stated that some of the lots in Otter Creek Business Park have dirt stored on them and the final plats are not submitted, but would be relatively low costs to have them development ready. Angela Schumann also added along with the final plats, that wetland delineation would need to be verified along the east part of Dalton Avenue. Demueles asked that further research be prepared to see what the costs would be to make these sites shovel ready. Hilgart commented that the reason the final plat hasn't been completed is to keep the park flexible and meet the future development needs. Thares moved on to discuss his continued conversations with Groebner, Inc. Thares would be putting together a package that would help offset the costs of additional building space so that the company would be completely indoors. This package would be brought to the EDA for review at a future meeting. Lloyd Hilgart asked how many people are employed at Groebner, Inc. Thares said they currently employ 25 people, but they would add 15 jobs following completion of their relocation and expansion. Bill Tapper asked how much additional costs would incur if they decided to have no outdoor storage, which would be an additional 15,000 square feet. Thares stated he would talk to Groebner to receive the cost of the additional space. He also mentioned that the second option would be to locate elsewhere in the City such as the Spike's property. Schumann reminded the EDA that an industrial land inventory was provided at a previous meeting. She said there is additional industrial land available besides Otter Creek Business Park, but other areas of the City are more expensive to develop because of infrastructure costs. The Spike property is the next closest industrial land that accommodates outdoor storage. Thares then discussed the approved Limited Site Investigation for 130 East Broadway. Five proposals were submitted to the Minnesota Department of Commerce Petrofund Administrator for review. The City will receive 90 percent reimbursement. The City chose METCO to perform the work and they would begin on December 6t', 2016. Bill Demueles recessed to the close session at 6:28 p.m 8. Closed session — Consideration of recessing to closed session to develop or consider offers or counter - offers for the purchase or sale of real or personal property pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(3). 9. Adiourn BILL TAPER MOVED TO ADJOURN THE MEETING AT 7:00 P.M. STEVE JOHNSON SECONDED THE MOTION. MOTION CARRIED, 7 -0. Recorder: Jacob Thunander Approved: December 14th, 2016 Attest: Jim Thares, Economic Development Director MINUTES SPECIAL MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Tuesday, November 29th, 2016 — 4:30 p.m. Boom Island Room, Monticello Community Center Present: Bill Demeules, Bill Tapper, Steve Johnson, Tracy Hinz, James Davidson, and Tom Perrault Absent: Lloyd Hilgart Staff Angela Schumann, Jim Thares, Jacob Thunander 1. Call to Order Bill Demeules called the special meeting to order at 4:35 P.M. 2. Roll Call 3. Interviews - Small Area Study RFP Submitters The EDA interviewed three consultants' proposals for the Small Area Study of the downtown. These consultants included Cuningham Group, Northwest Associated Consultants, Inc., Economic Development Services, Inc. /SRF. Interviews with each consultant were performed individually and were each about 50 minutes in length. Cuningham Group, represented by Andrew Dresdner and Thomas Leighton, interviewed first. They provided an overview of their proposal and answered questions posed by the EDA. Second, Northwest Associated Consultants, represented by Stephen Grittman, interviewed. Grittman explained their proposal and addressed questions from the EDA. The last interview was held with Economic Development Services, Inc. and SRF and was represented by Janna King and Joni Giese. They provided their vision of the project and responded to questions from the EDA. 4. Consideration of Selection of RFP The EDA briefly discussed their thoughts from each of the three interviews. Bill Demueles stated that the EDA would hold a special meeting prior to the regularly scheduled EDA meeting on December 14th, 2016 to decide the consulting firm to complete the study. 5. Adiourn BILL TAPPER MOVED TO ADJOURN THE SPECIAL MEETING AT 8:47 P.M. STEVE JOHNSON SECONDED THE MOTION. MOTION CARRIED, 6 -0. Recorder: Jacob Thunander Approved: December 14'', 2016 Attest: Jim Thares, Economic Development Director EDA Agenda: 12/14/16 7. Consideration of approving payment of bills (JT) A. REFERENCE AND BACKGROUND: Accounts Payable summary statements listing bills submitted during the previous month are included for review. B. ALTERNATIVE ACTIONS: 1. Motion to approve payment of bills through November 2016. 2. Motion to approve payment of bills through November 2016 with changes as directed by the EDA. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative 41. D. SUPPORTING DATA: A. Accounts Payable Summary Statements O O O O O O Q O O O O O S N C� v fa o M_ N M M N O O O O O O O M M M M O M M � � M M M L O C'l G K O O O O O O O S O O O O O S 0 0 0 M_ N M M O O O O O O O M M M M M M M M M M M M M M G N rj� a ¢ Q ¢ x x Q 7.1 O O O O O O O S O O O O O S 0 0 0 N M M O O O O O O O M M M M M M M M M M M M M M N N N N N N N M x a� m Pagc 2 Ken nedy raven, Chartered 200 South Sixth Street, Suite 479 Minneapolis, Mfg 55492 Monticello EDA September 30, 2016 MN325-00032 Sale of 413 4t St. W Through September 30, 2016 For All Legal Services As Fallows: Hours Amount 9!612016 MtVI Review We commitment for residential property; phone 070 133.00 conversation with J Theres regarding assessment agreernent. V712 016 AAM Email correspondence with EDA staff regarding D 60 t 14. D0 assessmernt agreement for residential praperty. 9f712016 MNt Phone and ern8il correspondence with J Thafes regarding 17.60 114 00 assessment issue-, email Summery t4 C Rocklltz regarding same_ 91912016 MNI Finalize and send First Amendment to PA for 413 West 0.40 7600 4th and approving resolution_ 911312016 CBR Review evrfespondence; interoffice conference 0.25 31 75 Total Services'. $ 468.75 Total Services and Disbursements; $ 468,75 Julie Cheney From: Jim Thares Sent: Tuesday, November 1, 2016 10:51 AM To: Julie Cheney Subject: RE: Kennedy & Graven Invoices (3) Hi Julie, they are all okay to pay. Please see coding below (red) From: Julie Cheney Sent: Monday, October 31, 2016 4:31 PM To: Jim Thares Subject: Kennedy & Graven Invoices (3) Jim Attached are the following invoices from Kennedy Graven: Inv# MN325-00032 $468.75 213-46301-43400 Inv# MN325-00031 $120.50 213-46301-43400 Inv# M N 190-00101 $988.00 213-46301-43400 Okay to pay? Please provide coding for each. Thanks, Jude Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Chenev@ci.monticello.mn.us APE?ci.monticel lo.mn.us moil i&110 Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. 1 Page- 1 Kennedy & Graven, Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 Monticello IrDA September 30, 2016 MN325-00031 Conveyance of Fred's Auto Property Through September 30, 2016 For All Legal Services As Follows: Hours Amount 912012016 MN1 Monticello office conference with C Rocklitx regarding 020 38.00 cancellation of PA for We Thrive f=itness. 012l/2016 Mall Review cancellation of PA. 010 19.00 912112016 CBR Draft cancellation 050 63 50 Total Services: $ 120.50 Total Services and Disbursements: $ '128.50 C�C�L�UMC�Fn U, Julie Cheney From: Jim Thares Sent: Tuesday, November 1, 2016 10:51 AM To: Julie Cheney Subject: RE: Kennedy & Graven Invoices (3) Hi Julie, they are all okay to pay. Please see coding below (red) From: Julie Cheney Sent: Monday, October 31, 2016 4:31 PM To: Jim Thares Subject: Kennedy & Graven Invoices (3) Jim Attached are the following invoices from Kennedy Graven: Inv# MN325-00032 $468.75 213-46301-43400 Inv# MN325-00031 $120.50 213-46301-43400 Inv# M N 190-00101 $988.00 213-46301-43400 Okay to pay? Please provide coding for each. Thanks, Jude Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Chenev@ci.monticello.mn.us APE?ci.monticel lo.mn.us moil i&110 Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. 1 Page: 1 Kennedy raven, Chartered 200 South Sixth Street. Suite 470 Minneapolis, MN 55402 City of Monticello September 30. 2016 MN190-00101 General EDA Matters Through September 30, 2014 For All Legal Services As Follows: Hours 91712016 MNI Pone and email correpondernca with J Thares regarding 1 30 Masters Fifth amendment and TIF mod; draft and revise same. 91812016 VINI Further ptjesticns fix -J Thanes regarding proposed 4th 0.40 amendment to Masters Fifth contract and TIF plan mod 919f2016 MNI Finalize 4th ArneodmenE to Masters Fifth o,DMract, 100 Modification No 1 to TIF plan, and approving resolutions for 9114 EDA meeting 911912016 MNI Monthly finance conference call wifli EDA staff. Northland 210 912512015 MNI Review EJ9A meeting minutes, email and phone call with J 040 Thares regarding 4th Amendment, revi5c sane and TIF plan mod for TIF 35 Total Services: Total Services and Distwrsements. Amount 247.00 78.40 190.00 399.00 78.44 988.00 Julie Cheney From: Jim Thares Sent: Tuesday, November 1, 2016 10:51 AM To: Julie Cheney Subject: RE: Kennedy & Graven Invoices (3) Hi Julie, they are all okay to pay. Please see coding below (red) From: Julie Cheney Sent: Monday, October 31, 2016 4:31 PM To: Jim Thares Subject: Kennedy & Graven Invoices (3) Jim Attached are the following invoices from Kennedy Graven: Inv# MN325-00032 $468.75 213-46301-43400 Inv# MN325-00031 $120.50 213-46301-43400 Inv# M N 190-00101 $988.00 213-46301-43400 Okay to pay? Please provide coding for each. Thanks, Jude Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Chenev@ci.monticello.mn.us APE?ci.monticel lo.mn.us moil i&110 Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. 1 CHECK REQUEST CHECK AMOUNT., 305 -CTD REQUEST DATE.- / I Check to: Harry T. Lan Ito 907 — 2nd Ave Buffalo, MN 55313 Meetine Worked; Planning Commission EDA Meeting City camacil City Council Date lD 14 I 02te LDkz f Date 1 # Date }9) . 1 etlrlci dG n.G Tiptul Due: h 50E;, 4 Vendor # TiMe P Amoun( flue W Time ; kmount Due Time R. Aniounl Due 4 LID TLrne 3.OZ5 Amount flue L, i - . - .b W&AA4tForum of 10.H51 Planning Commission: [ 0 i .410110-43 I I'l b ISD EDA 0.13.1fLP30 1-431216 JPI f 10 City Council k". LH 111), (4)*1 ZI D i I .51 ;R. Authorized by: Date 1D � I TIME SHEETS ATTACHED MONTICELLO COMMUNITY CENTER T I M F SHEET Employee Name HARRY L N'1 0 Position PUBLIC MEETING RECORDER - CONTPACT DATE TIME IN TIME OUT flours Worker! Meeting tsJ'"i � . 44 L. f 0 �` � .1 1116 Meeting Payment $60 for first 3 hours Agreement: $10 per hour for every Hour alter MELTING G RECORDER, I larry `i'. Lantto SIGNA' DATE; Quoin UA -1 1~ = 10 X Fed ioice Number Invoice Date 5-590-32875 Oct 26. 2016 Billing Address: Shiria Address; FIBERNET MONTICELLO FlBERNET MONTICELLO 505 WALNUT 5T STE 1 119 W 67H ST M0NTICELLO MN 55362-9822 M0NTICFLL0 MN 55367-8544 Invoice Summary Oct 26, 2016 FedEx Express Services Transportation Charges 49.77 Special Handling Charges 1.00 Total Charges USD $50.77 TOTAL THIS INVOICE USD $50.77 Other discounts may apple. amber fedEx Tax ID: 71-9427007 Invoice Questions? Conlarm FedEx Revenue Services Phone: (800) 622-1147 M -F 7 AMto 8 PM CST Se7AM toEPMCST Fax: 18ao)548-3020 Internet: wvvw.fedex.corn J ED f} Pane Detailed desrcripfiens at sufcharges can be located at fedex.com Ta mit MarWin lima pmhm PA� 4iif pwrtdj Z faia Invoice dumber Account 1ir1�1�81 J4R10urft Dui as�rltit:fz_ a wit r� *P� d�sygt� w Fe�Et D r7.:,,1 -X n, - --� t -' --A mjn - lfjlr r. r� SMw — —5_590-32875 4812-3934-6 us 0 s5u.7: Remitlance Advice Your payrnarit is due by No+r 10.2016 481299945590A287522❑❑❑0❑5❑7735 4 0 3 7 3 9 3 Ln ,,r a.3if, "AUTO r 10 12% 3s1G2-M?J01 r0e-P37130-1 �1'I1'III�IIII`II'I'!II"II�llllll'lll"Il11lII1�l I'll'tIl f111 I'r AL TS TICEL LO 505 S05 WALNUT 5T 5TE 7 MON TICELLUMN 55352-8022 11111111111111111111111 iu11 FedEx P-0. Box 94815 PALATINE IL 6HW4515 1299-U142D-W37 39 3.0602-068 1305 nvoice lvumper 5-59Q-32875 Invoice Rafe I Account Number FedEx Expfess Shipment Detail By Payor Type Wriginalj Ship Date' Oct 17, HW Case. ASC= NQ REFERENCE INFORMAT] ON WNT. Payor. Shlppar R61,01 • F i e Surcrwge - F2dEx fief gq*i g 41xl Su rchgr94 pl � X% to Il,is zh gmmynj t Distance Based Pneina, bane � 4812-3934-6 P.9ae Automa6ort PNET seffiks Recipllm Tracking V! 777466301493 Vickitaerhfllf M1CHELLE A -BAER 54�rulzeType Fed ExEirstOwemlght W5WalnLasraet ALL AMERICAN TIT LE CO. Package Typa FadEx Fnuelope MONTiCELLO MN 553b2 US 7402 1-0*1 Av* NF•vi50 Zane a2 9LAINEMN 55449 US Packages 1 flared Weig4l NfA 006ar" Value use 100.0D Oeliwer,-d M I0, 701r5 W.32 1'rawsporlawhn Charge 49.77 Svc Area 0 UeCrared Wag Charge Ono Sign ad by K.WEBB Fuel Surcharge 100 FeafFx Use 47 lkltlk711 _ IaIul Charge lISU — - — - — - sw 77 Shipper Su Mom I USD $50.77 Total FedEx Express USD S_77 2N-0i40uW r193- i4yja,3oLc Julie Cheney From: Jim Thares Sent: Wednesday, November 2, 2015 Z-45 PM To: Julie Cheney Subjec#: RE; Fed Ex Invoice $50.77 Hi Julie, Yes, it is okay to pay this orae_ Code it to: 213-46301-43 200, It was for the closing of the sale of 413 - 4"' Street West_ From: Julie Cheney Sent: Wednesday, November 02, 2016 2:09 PM To: Jim Thare5 Subject: F: Fed Ex Invoice $50.77 J irn Please approve and provide coding for this - Th a n ks his_ Thanks Julie From: Vicki teerhoff Sent: Tuesday, Novernher 1, 2016 11:03 AM To: Julie Cheney <Julie.Cher)eyftd.mor}ticelle.mn.us> Subject: RE: Fed Ex Invoice $50.77 Ok to pay. FDA am not sure why it says FNM on it. City of Monticello - Receptionist (763)295-2711 Visit us an facebook http'//www_ci.monticello. rn n. us Email correspondence to crud from the City of Alorlticelio government offices is subject ea the M nnesoto Government Do tor Practices Act and may be disclosed to third parties. The identities of individaols who register complaints with state agencies or political subdivisions concerning viola rions of state laws or local ordinances concerning the use of real property are classified as confidentiai data, pursuunt to section 13.02, subdivision 3. ,i,. �15x�tK3.I.� This emorl sent by Map ticello FlberNet internet, art 100 mb speed! From: Julie Cheney Sent: Tuesday, November 1, 2016 9:43 AAA To; Vicki Leer hof f <Vicki.Lee rbnff9►ci.monticel lo. mn,us> Subject: Fed Ex Invoice $5().77 Vicki Attached is an invoice from Fed Ex. Okay to pay $50.77? Do you know who this was for or should be coded to? Thanks, .curie Cheney Finance Assistant City of Monticello 763-271-3205 Tulie_�herxeyci_�orticello.mr�_u� AP ci.monticeilo. rnn_ws n""tYi'c" no Ernard correspondence to and from the City of Monticeflo government offices is subject to the Minnesota Goyernment Data Practices Act and may be disclosed to third parties. 2016 EMPLOYEE REEWBURSEMENT VOLUCHER CITY OF MOIL TI ELLO (Effeetive 1/1/16) DATE OF lQt EST -qif 20 Adder ix, Mail (if ne sar )-> ;..<67 LOCATION �A F ENES: (PleA!�,e reference TraveI and reimbursement PoIic�6.) Mileage (S.54 per win) f To (Total miles � A city V+ehide was nat avai.lable- Travel i ng cond;tfor)s warranted Persvnat vehicle use - Parking Fee Meals QTraveling dlirecs+on myrranted pErsonal vehicle ljse, F7 Other (include daied, lierraized receipts) Lodging S_ (inc ude dcted, hemi ed Motel bill) SUBTOTAL Account NumberZ t 3PL�4333100 J0, Other Account Description S TOTAL , TO PAY S t . 70 ICED 4e!�t� APPROVED TOT7r: Attach copies of documentation, including invoices. receipts, seminar certificate, etc, YOUR TRIP P T : Wright Cotinly Government Ctr '14MNN I 10.1taiI IR Trip time hared an traffic conditions as of 12:07 PM on Novornber 3, 2016, Current Traffic: Heawy 1- Start oul going southeast on 5th 5t toward Paine St/MN -25. Then 0 D7 mites 0.07 total miles r+ 2. Turn right onto Pine SUMN-25. Continue to follow MN -25 Then 9.55 mites 9.63 total miles 3. Eater next roundabout and take the 2nd exit onto Central AaefMN-25. Then 0,41 mites 10.04 total miles r+ 4- Turn right ¢rlto 2nd St NW. ffyou roach take 0 v N IN you've gone a little too far. Then 0.05 mites 10.09 total mites a, 10 2ND ST NW is on the left. It yo ti reach Ist Ave N IN you've gore a Uffle too far, Use of arrest ione *n¢ rnapy i s subject In our Terms or Use. We dant guarantee accurikcy, rOukR COrttliliOvkS Of u I *W11 ty YGw assume aFl nyk pl use LIVE LAUGH BLOOM 106 CEDAR T- MONTICELLO, MN 55362 INVOICE SOLD TO City of Monticello DELIVERY DATE; Tue, 1410412016 DELIVERED TO; Mississippi Roam MCC 6th El MONTICELLO MN 55362 P:NA ACCT. NO. COM ORDFR NO' 02480011 PAYMENT. iiou HOuSe ORDERDATE- 912EV2016 $.2 Aff CLEW Adrfjrrsisxratpr 0ROE RED Br- VickI COPY NO: 2 PRItVTen: 1012712016 t-3 PWI PRODUCT t ARC - Cin{�1'p:ec� $" oval/round. #a31 tC4it #t i.' - rnurR' 3 and 3lsts0, curly wi11❑ CARDIOCCASION OEller no ORDER MOTES CREDIT CARD INFORMATION S AMOUNT REMITTED DELIVERY DATE. Tele, 1010412016 DELIVERY TIME: After Noon ANT fry FRICEPJ 7 : DtSQQk1 -r , FXT:AC)EfJ ORDER NQ: Mississippi Room 02480011 of [ DELIVERY LONE:'' Monticello 6th St ;t M NTI ELLO, MN 55362 DELIVERY DATE: Tue, 1010412416 After Noon.by Spm COPY N:;-2 Tue, 1=412016 LIVE LAUGH BLOOM RECEIVED BY _ Crnlc-_,e:e.' LIVE LAUGH BLOOM 108 CEDAR ST MONT10ELL0, MN 55362 City of montieell NA Account # GOM Da#9 lnwosr�e # 101CW16 2480011 Description Mississippi Room MONTI ELL01MN �'.uT4rr� 253. e Appreciate Your guslness! ACCOUNT NO: COM STATEMENT DATE: Prewous 62lance Charges, debits P2ymerlits. Credil5 Finame Ci7arge5 Balance Due pi -EASE INDICATE AMC)UNT PAID: a 0_1012016 • 10!27+2016 PLEASE DETACH AND REMIT Invoices Enclased Debit Credit 253.00 Qver daj 6 ❑'fir fid dal' s Oh'cr 90 days d'•ar "2n r]a}'i �5I$ncs Due O.QO 253. Julie Cheney From: Vicki Leerhoff Sent: Tuesday, November 1, 2016 4:20 PM To: Julie Cheney Subject: RE: Live Laugh Bloom Inv# 24800 $253.00 Ok to pay. V,e i! Z,.,�,Jj City of Monticello - Receptionist (763)295-2711 Visit us on facebook http://www.ci.monticello.mn.us Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. The identities of individuals who register complaints with state agencies or political subdivisions concerning violations of state laws or local ordinances concerning the use of real property are classified as confidential data, pursuant to section 13.02, subdivision 3. This email sent by Monticello FiberNet internet, at 100 mb speed! From: Julie Cheney Sent: Tuesday, November 1, 2016 9:42 AM To: Vicki Leerhoff <Vicki.Leerhoff @ci.monticello. m n.us> Subject: Live Laugh Bloom Inv# 24800 $253.00 Attached is Live Laugh Bloom Inv# 24800 for the center pieces from the IEDC Breakfast. Okay to pay $253.00? Please provide coding. Thanks, Julie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Cheneveci.monticel lo.mn.us APGci.monticel lo.mn.us city Of Ise Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. Julie Cheney From: Vicki Leerhoff Sent: Thursday, November 3, 2016 2:12 PM To: Julie Cheney Subject: RE: Live Laugh Bloom Inv# 24800 $253.00 OK to pay V,e i! Z,.,�,Jj City of Monticello - Receptionist (763)295-2711 Visit us on facebook http://www.ci.monticello.mn.us Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. The identities of individuals who register complaints with state agencies or political subdivisions concerning violations of state laws or local ordinances concerning the use of real property are classified as confidential data, pursuant to section 13.02, subdivision 3. This email sent by Monticello FiberNet internet, at 100 mb speed! From: Julie Cheney Sent: Tuesday, November 1, 2016 9:42 AM To: Vicki Leerhoff <Vicki.Leerhoff @ci.monticello. m n.us> Subject: Live Laugh Bloom Inv# 24800 $253.00 Attached is Live Laugh Bloom Inv# 24800 for the center pieces from the IEDC Breakfast. Okay to pay $253.00? Please provide coding. Thanks, Julie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Cheneveci.monticel lo.mn.us APGci.monticel lo.mn.us city Of Ise O o O O O O N N N N N M M n � 7 7 O y a C N Q N v� N ti O � o U o C'l ' a > N N N M M n � 7 7 O y a C N E N T � o ' a > 0 0 0 � c co 0 c N a>i U) N � N Q � O O Q c Q � � - CJ � � a U N � o � � Q H � F w Minnesota Pollution Control Agency Invoice 4: 10004018518 Fiscal Seryices Invoice Date_ 10121121)16 520 Lafayette Road 194Ii� oaks; 1112b,,2n18 St. Pani. MN 55155-4194 Amount Due= $250 00 U50 Address change? Amount Paid: If yes, check here: Write new address on back.. Please remit to: Bill to, Fprrner Phillips 66 Gas Station MPGA Attn:.teff O'Neill PCS Box 64893 5o15 Walnut Street St Paul. MN 551-54-4B93 Monticello, MN 55362 - USA 81201 00001000GO18516 0 11H30a018518ZZZZZZZZZZZ 0 00Q00Z!i 0Q Minnesota Pollution Control Agency Invoice PBP Reimbursements Fees for the fallowing: 194442 Forme{ Phillips 56 Gas 5fation 104 8 r-oacm ay St E, Mon trceIlo. MN 5538.2 - Invoice Number: Invoice bate: Due Date= Amount: 10000018518 1012112015 1112012616 $250.00 aunt 1 Petroleum Brownfieids Rerrnbursement Connolly Michael R - RARRA. Imple-r- ntatio^ - 2 . ir= 525U. Total for $25D 0 The Minnesota Pollution Control Agency shall charge simple interest or late payment fees on past due debt owed to the state. Return payment with irivoire stub in envelope provided. OIC go to www. mn.uslpay-onklne to pay by e -Cheek. VISA or MasterCard. Questions about this invoice? Contact us at fee 5.pcastaie.mn.us Julie Cheney From: Jim Thares Sent: Tuesday, November 1, 2016 11:02 AM To: Julie Cheney Subject: FW: MN Pollution Control Agency Inv# 10000018518 $250.00 Attachments: MN PCA 102116 $2SO.00.pdf Okay, go ahead and pay this one. Code to 213-46301-431990 From: Angela Schumann Sent: Tuesday, November 01, 2016 8:57 AM To: Jim Thares Cc: Julie Cheney Subject: FW: MN Pollution Control Agency Inv# 10000018518 $250.00 Jim, Would you please review and code? Angela Schumann, AICP Community Development Director City of Monticello www.ci.monticello.mn.us 763-271-3224 Email correspondence to and from the City of Monticello government office is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. From: Julie Cheney Sent: Monday, October 31, 2016 4:29 PM To: Angela Schumann <Angela.Schumann@ci.monticello.mn.us> Subject: MN Pollution Control Agency Inv# 10000018518 $250.00 Angela Attached is an invoice from the MN Pollution Control Agency for PBP Reimbursements. Okay to pay $250.00? Please provide coding. If you are not the one to approve, let me know. Thanks, _Tube Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Chengyeci.monticel lo.mn.us 1 APeci.monticel lo.mn.us {'i14 asF Monticeflo Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. PI 2016 EMPLOYEE REIMBURSEMENT VOUCHED CITY OF MONTICELLO (Elfeetive 111116) NAME Ot On l�!:, C DATE Or- REQUEST 11/17/201(l Addre--s to Maid f if necessary {p q UL PURPO E/13ATE [ EXPENSES: (Please reference Travel and Reimbursement Policy) Mileage (S.54 per mile)s44- (Total miles K77 ) A city vehi de was not available_ Traveling conditions warranted pefsonaI vehide use. PaTking Fee Mas Lodging SUBTOTAL Other Dcw.ril uffll r b3 } TraveT;ng direction warranted personal vehicle use. Other $ — — (include dared. demiz d receipts) (include dared, itemized hotel bill) Account Number Z 1 ..433100 Account TOTAL TO PAY � JI -1 . — 'E> —� r I IGNED �$ ��= APPROVED 4 _ NOTE: Attach cvptcs of documentation, including invoices, receipts, seminar certificate, etc- DATE FILES WHERE TRAVELED Z7 7 4 ,tv x'7 +f h �}j KQ ' 505 Walnut St, Monticello, MN 55362-8819 to U.S. Bank Stadium Directions - MapiQuest Page l of'2 YOUR TRIP TO: =DQx�w U s 3@nk 31Wilrn 47 MIN 1 30.3 mi Q Trip — b—d—I11W11i—4hluns as of i1.47 AM- Nnw W 11. 791• tl-d— carr. L -al ri.rd—r M,whr lou lVhb N4 W!wnidWiKo. ,ma :mfomF w UFFhI --w, Fr-- haps.f/wixu,mapquest.com/directionsllistll Juslmnlmonticello155362-88191505- walnut- s... 11117/2016 1. 81*fl Gul gang aftlhmriml OM1 W91ML SVF,0 aty lilay-5e rare W 61h $l. Tl -6.08 miles 03 ICA31 MIlrs 2. Tike the 1 FI Irk colla W 616 St 1f yaW —h W Ah If y+ou tx ffone a N" f06 is, Then h47 mats 9 1 d Lalml ,ries 2. Take the 1,k Fspht unto Pie 3GMN-25 COMIhra Io- rohow PA -29 If you errs m a Sub Ef and mwn fader Sr yoave I?aw m nreFe toa far Thm 6 2A mils 4-0b F*ral milds TkT II a. wmrga -L. 1.94 E1LT5.52 E la.mre M--.pahe7Et Raul Then 29 27 nwe 2387 lwul milts R 1 }. K4" 191`110 104 1414 VIA - 7 t Mw1rJ 1-614 Than 6 82 -1- S6 49 1.1.L -I.. L. Keep h4M Id lake 194 F iA.52 U wia EX 1T 359 1a wd Mlnnampoala Then 4 0 M is 3d 66 tolmr —1a, r 7. Take IIx 4th M M eR4. EXIT 230. 14war4 MN -5$ WrM 9t N Tnsn 6 34 mils 37 114 talal mllas a. Nary. unto H 411h S1 Thaw 2 22 m064 37 26 10St1 mil*s 9 IV- r'YM .hMJ ow 4Lar4pl,IaGemw W .VyorrroaCAWattngLWAw♦$Erokw9—ah-fUi-"a 1w far. Tnea 015 "wep 34.x4 I0Ia1 -Apo 10 U 8 Baba Blmdl4+n. 900 0 Ste S1 M.nnmapmis YAH. 984 S 571H ST If yor, reach Tuh Acrd Z y,uvform 491.00 J-M"foal-. L -al ri.rd—r M,whr lou lVhb N4 W!wnidWiKo. ,ma :mfomF w UFFhI --w, Fr-- haps.f/wixu,mapquest.com/directionsllistll Juslmnlmonticello155362-88191505- walnut- s... 11117/2016 505 Walnut St, Montij"Ilo, MIN 55362-8819 to U.S. Bank Stadium Directions - MapQuest Page 2 of 2 W F.#+Y4C4` Loi • m"- N: - 606 4Vslnut SI https:llww)N.mapquesl_cnmldirectionsAistll luslmnlmonticellol55362-8819!505-walnut-s... 11117/2016 Jinn Thares From: judy johnsoiigreatermsp.org sent Friday, November 11, 2016 9=52 AMI To: Jim Thares Subject: Reminder for upcoming event: GREATER MSP 2016 Annual Meeting - Sth Anniversary GREATER MSP 2M Annual Meeting - 5th Anniversary Date: November 15, 2016 5;15 P - 8:00 Phi Add to Calendar i Website: litip:llWw _gyreatermsp.ar + Location: U.S. Bank Stadhirn 401 Chicago Avenue Minneapolis, MN 55415 Directions and Parking Information Metro Transit Information Vikirrgys Stadium Parking Information * Contact'. Judy Johnson, Director of Investor Relations, 651,287.1352 Email: iudyjahn n(iuVeatcrrnsy.orI; • DateJTime: Tuesday, November 15, 2016 5:15 to 8:40 P.m Admission: There is no fee to attend this event. Parking is on your own. Thank you to our generous Investors and partners who support the work of the Greater MSP Partnership! I We are excited to have you join us at GREATER MSP's 2016 Annual Meeting ou the 50 yard line as we celebrate our five year ariniversary inside one of the region's biggest and newest assets, U.S. Bank alad lLim. This will be a great oppoMundy to gather with over 1000 of our f i+irl's ieaciers, IMvcstors and oartners" We wiL heat about the successes in our tir�t five years as the reginr�s fvsI-ever econoinic davetopmerit. partnershp. and see the enthijsiasm visionaries foresee about the economic future of our region Enter at the Legagy Gate (West side of stadium) 5.15 P.M. - registration opens 6.00 to 7;00 p_m_ - Program on U.S. Bank Stadium Field 50 Yard iiAne Remarks by Richard Davis. Chairrum & CLD of U.S. Bancorp and Chair ofGREATER FISP Entertainment - The Purple Xperience Welcome - R -Anrd Davis, U.S. Bancorp Five Year Rellection & Look Ahead - Anoka ('cushy Commis,;loner Rhonda S ivamjah & Doug Haker: E Dab GREATER MSP Update - Michael Lang' r, GRFATFlt MS;' C E0 Visionaries Vidro Food Vi!%iprAries - .left' f Iarm cGaitxt�, GencraI M i I I s & l,atuen Pradhan. Grow North, MN W mer Visionseies - John Staudt. Pobi;r & KfTS,in I fal(icr, Urlta n Organic$ IJfe Science Visionaries -.iohn U ihe, Blue Cross Blur Shicld ot'Minnesota & Dalrr Cook, Learn to Live Future of the Region - Richard Davis. U.S. f3t#nwip Entertainment - 71ic Purple Xpeiicnce 7:00 to 8.1111 p.ni_ -Networking Reception in the End Zone Mom d'oeuvres & Bost Bar) Thank You Annual Meeting Sponsors? U,S_ Bancorp Reception Sponsor M. A. Mortenson Company Technology Sponsor Welcome to Minneapolis SPACE 21411 EXPIRES AT NOV 16 2O16 02:50AM PAID $ 2.50 C ENTRY. 11115015 at 04-50 PM 35001 TPD1 ID_ 21OA 0 z N 0 N N p Q Vrq y N O lJ 7� N Fr'w ti O t�rri i.. h-1 • Q c 0 a� 0 z N 0 N N H c 0 c 0 N N M O u N N N H c 0 c 0 a� a� C0 z 0. �i 0 T N > O = Q Q J Q N N � V tend oi" Date olf Transaction CITY OF MONTICELLO City Hall Card Transaction Please attach the 1nvoicc/re celpt and any tither avaiIable documentation to this form. To be completed by purchaser; Amount , -7 -7, Iq Circle purchaser name: Jeff O'Neill Kerry Burri A mann Vicki Leerhoff .. Tracy Wayne Oberg Sarah RakhBberger Jennifer Schreiber Jim Thare5 Special Project # or Descript Ian Circle depa rtment code'. 101-41110 City Council 101-41310 Administration 101.41410 Elections 101-41520 Finance 101-41900 Human Resources 101-41910 Planning and Zoning 101-41920 Data Proce.5sing 101-41940 citu .3.46 Eron�mic �evei�prx�en# 213-46301 HRA Circle expense code - 421990 431950 431990 4322 00 433100 443300 443700 443990 Other Vo( General Operating Supplies Newsletter Services Miscellaneous Prof Services Postage Travel/Training Expense Dues Membership & 5ubscrip Licenses and Permits Misc. Other Expense Vicki l_eerhoff Prom: Russe IIsonthelake < russellsonth Make 9)izoom_net> Sent: Wednesday. October 5, 2016 1:37 P To: Vicki Leerhoff Subject: Invoice IEDC Breakfast October 5, 2016 Russell's on the Labe Catering Event Location: Monticello Community Center Event Date: Wednesday. October 5. 2016 Final truest Count: 84 Invoice Detail: 84 Breakfast Buffet $13.0 $1092.00 en,ice )~ee 18% S 196,56 _ Sales Tax 6.875% 88.5$ Total Balance Due to Russell's Catering $1377.14 Please Flake Payments To: Russell's on the Lake PO Box 245 Big Lake, MN 55309 Any question about the billing infnri-nation above please contact Darek at 763-263- 111, Thank you Darek Vetsch Russell's on the Lake .� � � . _ ■ a - . � ƒ � _2 � ;!� ■ ■ Ab .. Vendor Date of Transaction t i CITY Of MC#NTICELLO City HalI Card Transaction Please attach the invoice/receipt and any other avajlable docu mentation to this form. To be completed by purchaser: Amount $ Circle purchaser name! Circle department code: Jeff O'Neill 101-41110 Jacob Thu nander 101-41310 Angela Schumann 101-4141U Viii Leerboff 101-41520 Tracy Ergen 101-41800 Wayne Oberg 101-41910 Sarah Rathlisberger 101-41920 Jennifer Schreiber 101.41940 Jim Thare� 213-4650 Rachel Leonard 213-46301 Emp yee Signator � Circle expense cede: 421990 431950 Super�+israr i rra � 433�9� 432200 433100 44330 i3# apd 443700 443990 Special Project Nor Mcription Other City Council Administration Elections Finance Human Resourr-es Planning and Zoning Bata Processing City Hall E��nomic D�vel�pment HRA General Operating Supplies Newsletter Services 1�+lisceilaneous Prof 5erv�ce5 Postage Travel/Training Expense Dues Mernbership & sub9crip Lici nses and Permits Misc, Other Expense 1012412016 SUB #8273395. RECEIPT #2939270 12:04 PM BILLING} ADDRESS; JEFF O'NE1LL MONTICELLO 545 WALNUT ST STE i MONTICELLO. I IN 55382 QTY- 1TEMlDESCRIPTION: SHIPPING ADDRESS: JEFF O'NEILL MONTIC =LLQ 505 WALNUT S7 STE I MONTICBLLO. MN 55362 AMT-. 1 MINNEAPOLIS BUSINESS JOURNAL - 52 ISSUES $94'00 $0.00 SALES TAX $90,44 TOTAL PAID VIA VISA ....... C480 $94,Q0 50.00 BALANCE ME wblomseth N x E -, rq N U Q p N o Q U70 C'l N x i E o 0 0 co 0 a� Q � N o O Q = � U � m J Z a U � � N _ H D F i Xcel Ener® gy RESPONAIRLE BY NATURE• YOUR MONTHLY ELECTRICITY USAGE 0 N 6 J F M A M J J A 5 0 DAILY AV w Year Temperature 64° F Electricity kWh 0.0 Electricity Cost $057 QUESTIONS ABOUT YOUR BILL? See our website xcelenergy.com Email us at: Custamerservice@xcelenergy.com Please Call: 1-B00-481-4700 Hearing Impaired: 1.800-895.4949 Fax: 1-800-311-0050 NORTHERN STATES POWER COMPANY rage 101 e SERVICE ADDRESS ACCOUNT NUMBER I MONTICELLO EDA 349 W BROADWAY ST MONTICELLO, MN 55362-9356 51.0623082.8 ;/2=812016 STATEMENT NUMBER STATEMENT DATE 518742474 10/03/20168.49 SUMMARY OF CURRENT CHARGES (detadedcharges begin onpage 2) Electricity Service 08/31/16-10/02/16 10 kWh $18.49 Current Charges $18,49 ACCOUNT BALANCE Previous Balance As of 08/31 $18.01 Payment Received Auto Pay 09/29 -$18.01 CR Balance Forward $0.00 M Current Charges $1849 0 Amount Due $18.49 2i - INFORMATION ABOUT YOUR BILL The dates of the evidentiary hearings on Xcel Energy's proposed electric rate increases have changed. The hearings will now be held on October 25 to 28, 2016 at 121 Seventh Place East, Suite 350, St. Paul. Or write us at XCEL ENERGY Different fuel sources are used to generate electricity, and they produce different air Po BOX 8 emissions, For updated environmental information for the year ended 2015, go to; EAI/ CLAIRE WI 54702-0008 www.xcelenergy.com/M NRates, then go to Additional Resources, Bill Inserts and Brochures/Inside Your Electric Bill -Environmental Disclosure & Costs. If you don't have internet access, please contact us at 1-800-895-4999 and we can provide you with this information. Thank you for your payment. RETURN BOTTOM PaRTiON WITH YOUR PAYMENT -PLEASE 00 NOT USE STAPLES,TAPE OR PAPER CUPS Xcel Energye ACCOUNT NUMBER DUE DATE F 51-0623082-8 10/28/2016 75 $18.49 Your bill is paid Uirough an automated bank payment plan. AV 01 024610 13660B 89 A"5DGT ILII1111111101111/11111/1IIIII1II1III1I110IJill III III111111111111 MONTICELLO EDA 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 Automated Bank Payment 2 3 4 5 6 7 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W 29 30 31 I II I. -III III 111.11111 -1.111 -1 -111111111.n -1I -11111.1-11111111-11I XCEL. ENERGY P.Q. BOX 9477 MPLS MN 55484-9477 31 51102816 06233828 0000000184900000001849 Xce/Energy Use sunlight to help heat your business Open window shades and curtains during the day to heat your business with sunlight At dusk, close the shades and curtains to keep in the heat SERVICE ADDRESS ACCOUNT NUMBER It MONTIC€LLO EDA 349 W BROADWAY 5T MONTIC[U-0, MN 55362-9356 51-0623082-8 STATEMENTNUMBER STATEMENTDATE518742474 ;O/f2:8/2016 10/03/2016$18.49 SERVICE ADDRESS: 34.9 W BROADWAY ST MONTiCELLO, AM 55362-9356 NEXT READ DATE: 11 x02116 ELECTRICITY SERVICE DETAILS PREMISES NUMBER: 303657358 INVOICF NUMBER: 06409912049 METER 52399965 Read Dates: 0131116 -10/02/16(32 Days) DESCRIPTION_ CURREtYT READING PREVIOUS READING USAGE_ Total Dnetgy _ f 42917 Aetual 42907 Actual - — 10 kWh ELECTRICITY CHARGES DESCRIPTION Basic Service Chg Energy Charge Surnrner Energy Charge Winter Fuel Cost Charge Affordability Chrg Resource Adjustnlent Inter irn Rate Adj Subtotal City Fees Total AME—UNITS _RA_TE: Sm Gen Svc (Metered) USRATE 9.38 kWh $0.087870 U-62 kWh $U.074320 10 kWh $0.024975 CHARGE $10.40 $0.82 $0.05 $0.25 $0.97 $0.05 $0.85 $12.99 $5.50 $18.49 INFORMATION ABOUT YOUR BILL Effective Oct. 1, 2016, the Resource Adjustment line item on your bill has increased due to a change in the Conservation Improvement Program ICIP) factor. The electric CIP portion of the Resource Adjustment is $0.002164 per kilowatt-hour (kVIJh). For an average non -demand customer, 72% of your bill refers to power plant costs, 12% to high voltage line costs, and 16% to the cost of local wires connected to your business. For an average demand -billed customer, 81% of your total bill refers to power plant costs, 12% to high voltage lines, and 7% to the cost of local wires connected to your business. Plug electronics into a power strip Plugging electronics into a power strip provides an easy and convenient way to turn iterns on and ott helping your business use energy only when you need it source: energystar.gov SERVICE ADDRESS ACCOUNT NUMBER i Xcel Energy 349 W CELLOBROADWAY EWA 51-0623082-8 10/28/2016 349 W BROADWAY 5T MONTICELLO, MN 55362-9356 STATEMENT NUMBER STATEMENT DATE � � � 518742474 10/03/2016 $18.49 Fel Don't be chilled by energy costs Cooler temperatures don't have to mean higher energy costs for your business. As temperatures continue to fall, check out the ways to keep your energy bill low. Our rebates, programs and energy -efficiency tips can help your business save energy and money this fall. Simple changes can amount to big savings, so get started today. Visit xcelenergy.com for seasonal efficiency tips and to learn more about our energy 0 efficiency programs. m N O The right mix We are always working to deliver energy that is safe, clean, reliable and affordable. It's a balancing act. Learn more in our annual Corporate Responsibility Report at xcelonargy.com/CorpotateResponsibility. ❑o Be aware of scams If someone calls threatening to turn off your power due to an unpaid balance and asks you to pay with a prepaid or reloadable card, hang up the phone immediately. You may also be approached by people claiming to be with Xcel Energy and needing to do work at your business. Ask for Xcel Energy identification, and please, check with us if you're still not sure. Call us anytime at 800,481.4700 Don't let imposters steal your money. EDA Agenda: 12/14/16 7a. Consideration of Update of Payments to Legal Counsel (JT) A. REFERENCE AND BACKGROUND: This item is for consideration of an update regarding payments to legal counsel, Kennedy and Graven, for services related to the Dahlheimer expansion parcel, the sale of a residential lot located at 413 — 4t' Street West and also the work done on a sale contract with We Thrive Fitness for 349 West Broadway. The three purchase agreements indicate that the EDA shall pay its respective attorney fees (see attached). The amount that Kennedy and Graven billed for 413 — 4t' Street West was $969.00. The amount billed to the EDA for the Dahlheimer project was $1,528.00 For the 349 West Broadway property, the amount billed to the EDA was $1,045.00. We Thrive's forfeited earnest money deposit of $1,000 was applied to the payment. Al. Staff Impact: There is a modest amount of staff time involved in researching the payments and preparing the staff report updating the EDA about these payments. A2. Budget Impact: Funds for the payments are in the 2016 legal services line item included in the EDA budget. B. ALTERNATIVE ACTIONS: 1. Motion to approve payment of services by Kennedy and Graven in the amount of $3,520.00; check number 116408. 2. Motion to deny approval of payment of services by Kennedy and Graven in the amount of $3,520. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative 91 wherein services provided by Kennedy and Graven for legal counsel involved in three real estate projects is authorized for payment in the amount of $3,520.00 in check number 116408. D. SUPPORTING DATA: A. Accounts Payable - Transaction by Account (September 7, 2016) B. Purchase Agreement pages L.� O V ►i :1 0 O O u t U +0. v c L f C L I O C 0000 0 0 0 1O 0 t 00 0 <' N MO r�V 00 00 00 0o O O O O -t 7 7 V O Ol O C vM M M M N 0 0 M M M M M M N N N N M M M M OM A N O N M CS a � Qoo � w L 01 01 ON ON 0 0 0 0 O i O U cd O V � L V] CG 0000 0 0 0 1O 0 t 00 0 <' N MO r�V 00 00 00 0o O O O O -t 7 7 V O O O O O Ol O M M M M M M M N 0 0 M M M M M M N N N N M M M M OM N M N M CS w y0 01 01 ON ON 0 0 0 0 O i O O V] CG w W W O U L' O fn O O V] O Cn cn y y o CD O O 0 O O C , > M n U U r1 's 5 wC � o o � a0i � d 0404 ou -o � d � U A qW a C7 w zzzz ° » >> Z9 ° oo�c� o N d z w Q z ztx� WW Q w x p4 �G x O O O O Ol O M M M M M M 0 0 0 0 0 0 M M M M M M m _M M M .M-M. N N N N N N N O �i a ►J 0.i M N O N n O O 3 V Q O c n^.e A,, 4-- �.y- `mil. I__�n. x— F-.__. A tl a� Je (5) The Developer having reviewed and approved (or waived objections to) soil and envirolunental conditions as set forth in Section 3.6. Conditions (1), (2), and (3) are for the benefit of both parties, and may be waived by both parties. Conditions (4) and (5) are solely for the benefit of the Developer, and may be waived by the Developer. (b) The closing on conveyance of the Development Property from the Authority to the Developer ( "Closing ") shall occur upon satisfaction of the conditions specified in this Section, but no later than June 30, 2016; provided, however, that if all of the foregoing conditions have not been satisfied or waived on or before June 20, 2016, either the Authority or Developer may thereafter terminate this Agreement by ten days written notice or may proceed to closing on a later date mutually agreeable to both parties. If the parties terminate this Agreement, thereafter neither party shall have any obligations or liability to the other hereunder. Section 3.4. Place of Document Execution Delivery and Recording. (a) Unless otherwise mutually agreed by the Authority and Developer, the execution and delivery of all deeds, documents and the payment of any purchase price shall be made at the offices of the Authority or such other location to which the parties may agree. (b) The deed shall be in recordable form and shall be promptly recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property. At closing, Developer shall pay: all recording costs, including state deed tax, in connection with the conveyance of the Development Property, title insurance commitment fees and premiums, if airy, and one -half of any closing fees charged by the Title Company. The Authority shall pay costs of recording any instruments used to clear title encumbrances and one -half of any closing fees charged by the Title Company. QEach party shall pay its respective attorneys' fees There are no special assessments outstanding or pending on the Development Property. The parties agree and understand that the Development Property is exempt from property taxes for taxes payable in 2016. Section 3.5. Title. (a) As soon as reasonably practical after the date of this Agreement, the Developer, at Developer's sole expense, shall obtain a commitment for the issuance of a policy of title insurance for the Development Property. The Developer shall have twenty (20) days from the date of its receipt of such commitment and a current survey of the Development Property to review the state of title to the Development Property and to provide the Authority with a list of written objections to such title. Upon receipt of the Developer's list of written objections, the Authority shall proceed in good faith and with all due diligence to attempt to cure the objections made by the Developer. Promptly after expiration of the Developer's 20 -day review period, or after the date that any title objections have been cured to the reasonable satisfaction of the Developer, the Authority and Developer shall proceed with the conveyance of the Development Property pursuant to Section 3.2 of this Agreement. In the event that the Authority has failed to cure objections within sixty (60) days after its receipt of the Developer's list of such objections, the Developer may (i) by the giving of written notice to the Authority terminate this Agreement, upon the receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder, except the Authority shall promptly return to the 4780870 MNl MN325 -30 any claim the Developer may have to recover from all or any of the Indemnified Parties any costs or expenses incurred by,the Developer in performing any remediation of the Development Property. Nothing in this section will be construed to limit or affect any limitations on liability of the City, Authority, or County under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.7. No Business Subsidy. The parties agree that the price paid by the Developer for the Development Property represents the fair market value of the Development Property. Accordingly, the parties agree and understand that the transaction described in this Agreement does not constitute a business subsidy within the meaning of the Business Subsidy Act. The Developer releases and waives any claim against the Authority and its governing body members, officers, agents, servants and employees thereof arising from application of the Business Subsidy Act to this Agreement, including without limitation any claim that the Authority failed to comply with the Business Subsidy Act with respect to this Agreement. Section 3.8. Payment of Administrative Costs. The parties agree that the Authority's Administrative Costs will be paid by the Authority, and that the Developer has no obligation to reimburse the Authority for such expenditures. For purposes of this section, "Administrative Costs" means out of pocket costs incurred by the Authority together with staff costs of the Authority, all attributable to or incurred in connection with the negotiation and preparation of this Agreement in connection with the development of the Development Property. 4780870 MNl MN325 -30 9 irJ/ 71ZOr(- 413 4"N 5-L w 2�t 6. Deed. Upon performance by Buyer, Seller shall deliver a quit claim deed conveying title to the Property to Buyer, in substantially the form attached as Exhibit A, subject to the conditions subsequent required by Sections 15, 16, and 17 of this Agreement (the "Deed "). 7. Real Estate Taxes and Special Assessments. A. Seller shall pay, at or before closing, all real estate taxes due and payable in 2015 and prior years. Real estate taxes due and payable in the year of closing shall be pro -rated to Seller and Buyer as of the Date of Closing. B. Seller shall pay on Date of Closing all special assessments levied against the Property as of the date of this agreement, including those certified for payment in the year of closing. Seller represents that there are no special assessments pending as of the date of this agreement. If a special assessment becomes pending after the date of this agreement and before the Date of Closing, Buyer may, as Buyer's option: 1. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the property; or 2. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or 3. Declare this agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 8. Closing Costs and Related Items. The Buyer will pay: (a) one -half the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; (c) the recording fees for this Agreement and for the Deed transferring title to Buyer. Seller will pay all other fees nonnally paid by sellers, including (a) any transfer taxes, and Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement; (b) one -half the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement;and (c) _fees and charges related to the filing of an instrument required to make title marketable. I Each party shall pay its own attorney fees 9. S. -ewer and Water. Seller warrants that city sewer is available at the Property line, and that city water is available in the right of way adjacent to the Property. Seller makes no warranty regarding the conditions of any existing water stub from the main to the Property line. Seller advises Buyer to inspect the condition of the water stub. 483000vl MN325 -32 .3 -tg _mot rba�Wc I zf,51zv I eo (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.7(a)(6), 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least IS days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100 %. Nothing in this Section shall be construed to limit the Authority's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 33(a)(3), the Redeveloper agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Redeveloper must submit to the Authority a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2017 and continuing until the later of (i) the date the goals stated Section 3.7(a)(3) are met; (ii) 30 days after expiration of the period described in Section 3.7(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.7(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide infonnation to the Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. *-'Section 3.8. Payment of Administrative Costs. The Authority acknowledges that Redeveloper has deposited with the Authority a non - refundable Earnest Money deposit of $1,000. The Authority will use such deposit to pay "Administrative Costs," which term means out of pocket costs incurred by the Authority together with staff costs of the Authority, all attributable to or incurred in connection with the negotiation and preparation of this Agreement and other documents and agreements in connection with the redevelopment of the Redevelopment Property. Administrative Costs in excess of the Earnest Money deposit shall be paid by the Authority. (The remainder of this page is intentionally left 'blank.) 48367O v2 MNI MN325 -31 EDA Agenda: 12/14/16 7b. Consideration of Update of Payments to Monticello Chamber of Commerce (JT) A. REFERENCE AND BACKGROUND: This item is for consideration of an update regarding payments to the Monticello Chamber of Commerce events during July, August and September. The amount billed to the EDA for the three separate events was $15.00 per resulting in a total bill of $45.00. Al. Staff Impact: There is a modest amount of staff time involved in researching the payments and preparing the staff report updating the EDA about these payments. A2. Budget Impact: Funds for the payments are in the 2016 marketing line item included in the EDA budget. B. ALTERNATIVE ACTIONS: 1. Motion to approve payment of event fees to the Monticello Chamber of Commerce in the amount of $45.00 2. Motion to deny approval of payment of event fees to the Monticello Chamber of Commerce in the amount of $45.00. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative 91 wherein payment for event fees to the Monticello Chamber of Commerce is authorized in the amount of $45.00. Sarah Rathlisberger, Finance Department, will also be present to update the EDA on the process and timing of payments to vendors. D. SUPPORTING DATA: A. Accounts Payable - Transaction by Account (October 13, 2016) o z a y Q I 0 0 0 0 0 z V V I L. U I _M N 0 0 0 0 0 [i N N N N 4'" O Cl w w Iz c o H G o - 3 ro o R w I U U .fl ^ rA Ln c E w w w w w a m E- O 000 O -o � c O 0 0 0 O o 0 U U U U U a d x x x CL m O zQ 'oC 0.Q1 Cq 07 c N N � N c m M A, a Q N M \D co M cu 03 C-1 CD O O rn rn rn ol ° 6i o .� m m m M C N ❑ O C O 0 0 0 U M M M M V 10 1�0 1.0 Rr CG N N N N ry Q' EDA Agenda: 12/14/16 8. Public Hearing - Consideration of adopting Resolution No. EDA- 2016 -012, a resolution approving a Purchase and Redevelopment Contract with April Studer for the acquisition and development of a commercial lot located at 349 West Broadway (JT) A. REFERENCE AND BACKGROUND: The EDA is asked to consider approving the sale of a commercial lot located at 349 West Broadway and further authorizing entering into a Purchase and Redevelopment Contract with the prospective buyer, April Studer. The EDA has owned this lot since August 2012 when it was acquired for potential long -term redevelopment purposes. It was formerly a gas station and has been cleared of tank leak contamination issues by the MPCA. Currently the parcel is zoned as CCD (Central Community District). The property is approximately 8,310 square feet in size and is situated just west of the core downtown area. The properties located across Linn Street to the west of this parcel are zoned R -2. Ms. Studer intends to utilize the property as a chiropractic office. She plans to remodel the facility to meet her needs as a chiropractic office. It is her goal to complete the $120,000 +/- remodeling project (estimate) by spring 2017. Key terms of the Purchase Agreement are: 1. Sale Price of $45,000. 2. Earnest money deposit of $1,000 3. Verification of financing to complete the purchase and also perform the remodeling project per the plans attached to the Purchase and Redevelopment Contract 4. Completion of the specified improvements per the remodel plan attached to the Purchase and Redevelopment Contract 5. Verification of removal of hazardous waste materials located at the property 6. Closing date 75 days after execution of the Purchase & Redevelopment Contract It should be noted that Ms. Studer has indicated an interest in utilizing the GMEF as a source of funding for the purchase and remodeling project along with her bank as a primary lender. A meeting will be held in the near future with her banker to discuss financing options and the best structure for this project. The EDA has a "right of reverter" to ensure that the contract terms and stipulations are fully performed. The proposed building and site improvement information is attached. The site plan will also require separate land use actions through administrative land use application and review with expectation that any request for a variance or a CUP would be reviewed by the Planning Commission and City Council Al. Staff Impact: Staff time includes reviewing the purchase and redevelopment contract, drafting the report presenting it for consideration by the EDA and follow up with the buyer. The EDA's legal counsel drafted the Purchase and Redevelopment Contract and will continue to assist and support staff in the land transaction process. No additional staff is required to complete the sale of this property. A2. Budget Impact: The costs for preparation of the purchase and development contract are assigned to the EDA and are estimated at $1,200 + / -. This amount will be covered by the EDA Legal Fees line item. The buyer and seller will share the closing costs. The sale proceeds will result in a positive one -time benefit for the 2017 EDA budget (closing to occur in February or March 2017). Closing costs estimated at $500.00 to $600.00 will be deducted from the sale proceeds. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution No. EDA- 2016 -012 approving a Purchase and Development Contract between the City of Monticello Economic Development Authority and April Studer and conveyance of the lot in connection with the Contract 2. Motion to deny the adoption of Resolution No. EDA- 2016 -012 approving a Purchase and Redevelopment Contract between the City of Monticello Economic Development Authority and April Studer and conveyance of the lot in connection with the Contract. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative 91 wherein the Purchase and Redevelopment Contract between the City of Monticello Economic Development Authority and April Studer wherein conveyance of a commercial lot located at 349 West Broadway would be approved. The proposed land sale is consistent with the goals of the EDA in which it desires to sell land it holds with the intent of encouraging redevelopment in the core downtown neighborhood. Furthermore it is consistent with the Comprehensive Plan encouraging redevelopment of the central commercial district with retail and service activities. The sale price of $45,000 constitutes a business subsidy under MN State Statutes. Since the subsidy amount is less than $50,000 (taxable market value minus the sale price [$81,500 - $45,000 = $36,500]) a public hearing is not required. The EDA attorney has reviewed the proposed subsidy for conformance to statutory requirements. D. SUPPORTING DATA: A. Resolution No. EDA- 2016 -012 B. Purchase and Redevelopment Agreement C. Resolution No. PC- 2016 -045 D. Parcel Aerial Image E. Parcel Zoning Map F. Proposed Remodeling Plans /Site Plan and Written Description of Project 2 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016 -012 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT CONTRACT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND APRIL M. STUDER, AND THE CONVEYANCE OF LAND IN CONNECTION WITH THE AGREEMENT BE IT RESOLVED by the Board of Commissioners ( "Board ") of the City of Monticello Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers Central Monticello Development Project No. 1 (the "Project "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended. 1.02. To facilitate development of certain property in the Project, the Authority proposes to enter into a Purchase and Redevelopment Contract (the "Contract ") between the Authority and April M. Studer (the "Developer "), pursuant to which among other things the Authority will convey to the Developer certain property within the Project described as follows (the "Development Property "): The South 1/2 of Lots 1, 2, and 3, in Block 50, Townsite of Monticello, according to the plat on file and of record in the office of the Register of Deeds in and for Wright County, Minnesota; Said South 1/2 of Lots 1, 2, and 3, Block 50, can also be described as follows: Beginning at the mid -point on the common line between Lots 3 and 4, in said Block; thence Southerly along said common line 82.5 feet to the Southerly line of said Block (being the Southeast corner of said Lot 3); thence Westerly along the Southerly line of Lots 3, 2 and 1 for a distance of 99 feet to the Southwest corner of Lot 1; thence Northerly along the Westerly line of Lot 1 for a distance of 82.5 feet; thence straight Easterly 99 feet to the point of beginning and there terminating. Subject to existing easements, restrictions and reservations of record, if any. 1.03. On December 6, 2016, the Planning Commission of the City reviewed the proposed conveyance and intended use of the Development Property, and has determined that such conveyance and intended use are consistent with the City's comprehensive plan. 1.04. The Authority has on this date conducted a duly noticed public hearing regarding the sale of the Development Property to Developer, at which all interested persons were given an opportunity to be heard. 1.05. The Authority finds and determines that conveyance by the Authority of the Development Property to the Developer is for a public purpose and is in the public interest 491401v1 MNI MN325 -31 because it will further the development objectives of the Project, encourage the retention of jobs, and increase the tax base. Section 2. Contract Approved, Further Proceedings. 2.01. The Board approves the Contract as presented to the Board, including the provisions for the conveyance of the Development Property therein, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Contract by those officials shall be conclusive evidence of their approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Contract as a whole, including without limitation execution of any deed or other documents necessary to convey the Development Property to Developer. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this 14th day of December, 2016. President ATTEST: Secretary 491401v1 MNI MN325 -31 2 DRAFT 12/7/16 PURCHASE AND REDEVELOPMENT CONTRACT By and Between CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY and APRIL M. STUDER Dated as of: , 2016 This document was drafted by: KENNEDY & GRAVEN, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 Telephone: 337 -9300 488843v2 CBR MN325 -31 TABLE OF CONTENTS Page PREAMBLE......................................................................................... ..............................1 ARTICLE I 11Pfn�f�nne Section1.1. Definitions ....................................................................... ............................... 2 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority ...................................... ............................... 5 Section 2.2. Representations and Warranties by the Redeveloper ......... ............................... 5 ARTICLE III Acquisition and Conveyance of Property Section 3.1. Conveyance of the Property ............................................. ............................... 7 Section 3.2. Purchase Price; Provisions for Payment ............................ ............................... 7 Section 3.3. Conditions of Conveyance ............................................... ............................... 7 Section 3.4. Place of Document Execution, Delivery and Recording, Costs ........................ 8 Section3.5. Title ................................................................................. ............................... 8 Section 3.6. Soils, Environmental Conditions, Grading ........................ ............................... 9 Section 3.7. No Business Subsidy ...................................................... ............................... 10 Section 3.8. Payment of Administrative Costs ................................... ............................... 10 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements ....................... ............................... 13 Section 4.2. Construction Plans ......................................................... ............................... 13 Section 4.3. Commencement and Completion of Construction ........... ............................... 14 Section 4.4. Certificate of Completion ............................................... ............................... 14 ARTICLE V Insurance Section5.1. Insurance ........................................................................ ............................... 16 Section5.2. Subordination ................................................................. ............................... 17 488843v2 CBR MN325 -31 ARTICLE VI Review of Taxes Section 6.1. Review of Taxes ............................................................ ............................... 18 ARTICLE VII Financing Section7.1. Financing ....................................................................... ............................... 19 Section 7.2. Authority's Option to Cure Default on Mortgage ........... ............................... 19 Section 7.3. Subordination and Modification for the Benefit of Mortgagee ....................... 19 ARTICLE VIII Prohibitions Against Assignment and Transfer, Indemnification Section 8.1. Representation as to Redevelopment .............................. ............................... 21 Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement .............................................. ............................... 21 Section 8.3. Release and Indemnification Covenants ......................... ............................... 22 ARTICLE IX Events of Default Section 9.1. Events of Default Defined .............................................. ............................... 24 Section 9.2. Remedies on Default ...................................................... ............................... 24 Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to Conveyance to Redeveloper ........................................... ............................... 24 Section 9.4. Resale of Reacquired Property; Disposition of Proceeds . ............................... 26 Section 9.5. No Remedy Exclusive .................................................... ............................... 27 Section 9.6. No Additional Waiver Implied by One Waiver ............... ............................... 27 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable ....... 28 Section 10.2. Equal Employment Opportunity ..................................... ............................... 28 Section 10.3. Restrictions on Use ........................................................ ............................... 28 Section 10.4. Provisions Not Merged With Deed ................................. ............................... 28 Section 10.5. Titles of Articles and Sections ........................................ ............................... 28 Section 10.6. Notices and Demands ..................................................... ............................... 28 Section10.7. Counterparts ................................................................... ............................... 29 Section10.8. Recording ...................................................................... ............................... 29 Section10.9 Amendment ................................................................... ............................... 29 Section 10.10 Authority Approvals ....................................................... ............................... 29 Section 10.11 Termination ................................................................... ............................... 29 Section 10.12 Choice of Law and Venue .............................................. ............................... 29 488843v2 CBR MN325 -31 TESTIMONIUM.................................................................................... ............................... S -1 SIGNATURES..................................................................................... ............................... S -1 SCHEDULE A Description of Redevelopment Property SCHEDULE B Form of Quit Claim Deed SCHEDULE C Certificate of Completion (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 PURCHASE AND REDEVELOPMENT CONTRACT THIS AGREEMENT, made as of the day of , 2016, by and between THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "Authority "), and APRIL M. STUDER, an individual (the "Redeveloper "). WITNESSETH: WHEREAS, the Authority has undertaken a program to promote economic redevelopment and job opportunities and to promote the redevelopment of land which is underutilized within the City of Monticello (the "City "), and in this connection administers a redevelopment project known as Redevelopment Project No. 1 (the "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047, as amended (the "HRA Act ") and Minnesota Statutes, Sections 469.090 to 469.108 1, as amended (the "EDA Act "); and WHEREAS, pursuant to the HRA Act, the Authority is authorized to acquire real property, or interests therein, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, the Authority has acquired certain property described in Schedule A (the "Redevelopment Property ") within the Redevelopment Project, and intends to convey that property to the Redeveloper for redevelopment of certain improvements described herein; and WHEREAS, the Authority believes that the redevelopment of the Redevelopment Property pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the City of Monticello Economic Development Authority, or any successor or assign. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Business Subsidy Act" means Minnesota Statutes, Section 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification provided to the Redeveloper, or the purchaser of any part, parcel or unit of the Redevelopment Property, pursuant to Section 4.4 of this Agreement. "City" means the City of Monticello, Minnesota. "Closing" has the meaning provided in Section 3.3(b). "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (all sides); (5) landscape plan; and (6) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Wright, Minnesota. "EDA Act" means Minnesota Statutes, Sections 469.090 to 469.108 1, as amended. "Event of Default" means an action by the Redeveloper listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. 488843v2 CBR MN325 -31 "HRA Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Minimum Improvements" means the construction on the Redevelopment Property of an approximately square -foot chiropractic medical facility in an existing commercial building, including remediation of hazardous materials and complete remodel, including without limitation roofing, HVAC, electrical, plumbing, bathroom construction, paint, flooring, signage, and parking lot improvements. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Redeveloper" means April M. Studer or her permitted successors and assigns. "Redevelopment Project" means the Authority's Redevelopment Project No. 1. "Redevelopment Property" means the real property described in Schedule A of this Agreement. "Redevelopment Plan" means the Authority's Redevelopment Plan for the Redevelopment Project, as amended. "State" means the State of Minnesota. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Termination Date" means the earlier of (a) the date five years after the Benefit Date, as described in Section 3.7(a)(6), or (b) termination of this Agreement pursuant to its terms. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Redeveloper's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such approval and construction is required under Sections 4.2 and 4.3 of this Agreement. 488843v2 CBR MN325 -31 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the EDA Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the Authority are undertaken to foster the redevelopment of certain real property which for a variety of reasons is presently underutilized, to prevent the emergence of blight, to retain and enhance tax base and employment in the City, and to stimulate further redevelopment of Monticello downtown area and the Redevelopment Project as a whole. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a single person and resident of the State and has power to enter into this Agreement. (b) If the Redeveloper acquires the Redevelopment Property in accordance with this Agreement, the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the Authority in the Redevelopment Project may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Redeveloper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Redeveloper will construct the Minimum Improvements in accordance with all local, state or federal energy - conservation laws or regulations. (e) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and 488843v2 CBR MN325 -31 conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (g) The Redeveloper is not currently in default under any business subsidy agreement with any grantor, as such terms are defined in the Business Subsidy Act. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE III Acquisition and Convevance of Property Section 3.1. Conveyance of the Property. As of the date of this Agreement, the Authority owns the Redevelopment Property as described in Schedule A. The Authority will convey title to and possession of the Redevelopment Property to the Redeveloper, subject to all the terms and conditions of this Agreement. Section 3.2. Purchase Price, Provisions for Pam. The purchase price to be paid to the Authority by the Redeveloper in exchange for the conveyance of the Redevelopment Property is $45,000. The purchase price shall be payable by the Redeveloper as follows: (i) non - refundable earnest money in the amount of $1,000.00 (the "Earnest Money "), receipt of which the Authority acknowledges upon execution in full of this Agreement; and (ii) the balance payable in cash or certified check at Closing. Section 3.3. Conditions of Convey. (a) The Authority shall convey title to and possession of the Redevelopment Property to the Redeveloper by a deed substantially in the form of the deed attached as Schedule B to this Agreement. The Authority's obligation to convey the Redevelopment Property to the Redeveloper is subject to satisfaction of the following terms and conditions: (1) The Authority having approved Construction Plans for the Minimum Improvements in accordance with Section 4.2. (2) The Authority having approved financing for construction of the Minimum Improvements in accordance with Article VII hereof, and the Redeveloper having closed on such permanent financing at or before Closing on transfer of title to the Redevelopment Property to the Redeveloper. (3) The Redeveloper having reviewed and approved (or waived objections to) title to the Redevelopment Property as set forth in Section 3.5. (4) The Redeveloper having reviewed and approved (or waived objections to) soil and environmental conditions as set forth in Section 3.6. (5) No uncured Event of Default under this Agreement. Conditions (1), (2), and (5) are solely for the benefit of the Authority, and may be waived by the Authority. Conditions (3) and (4) are solely for the benefit of the Redeveloper, and may be waived by the Redeveloper. 488843v2 CBR MN325 -31 (b) The closing on conveyance of the Redevelopment Property from the Authority to the Redeveloper shall occur upon satisfaction of the conditions specified in this Section, but no later than or at such earlier date as the parties hereto agree in writing ( "Closing "). Section 3.4. Place of Document Execution, Delivery and Recording Costs. (a) Unless otherwise mutually agreed by the Authority and the Redeveloper, the execution and delivery of all deeds, documents and the payment of any purchase price shall be made at the offices of the title company selected by Redeveloper ( "Title ") or such other location to which the parties may agree. (b) The deed shall be in recordable form and shall be promptly recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. At Closing, the Redeveloper shall pay: recording costs for the deed (excluding state deed tax) and any additional recordable documents referenced in this Agreement, if applicable; title insurance commitment fees and premiums, if any; and one -half of the closing fees charged by Title, if any. The parties agree and understand that the Redevelopment Property is exempt from property taxes for taxes payable in 2016, and is expected to be exempt from property taxes payable in 2017. (c) At Closing the Authority shall pay or cause to be paid the state deed tax, costs of recording any instruments used to clear title encumbrances, all outstanding special assessments against the Redevelopment Property, and one -half of the closing costs charged by Title, if any. Section 3.5. Title. (a) As soon as practicable after the date of this Agreement, the Redeveloper shall obtain, at Redeveloper's sole expense, a commitment for the issuance of a policy of title for the Redevelopment Property. The Redeveloper shall have ten (10) days from the date of its receipt of such commitment to review the state of title to the Redevelopment Property and to provide the Authority with a list of written objections to such title. Upon receipt of the Redeveloper's list of written objections, the Authority shall proceed in good faith and with all due diligence to attempt to cure the objections made by the Redeveloper. In the event that the Authority has failed to cure objections within sixty (60) days after its receipt of the Redeveloper's list of such objections, the Redeveloper may by the giving of written notice to the Authority (i) terminate this Agreement, upon the receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder, or (ii) waive the objections and proceed to Closing. The Authority shall have no obligation to take any action to clear defects in the title to the Redevelopment Property, other than the good faith efforts described above. (b) The parties agree and acknowledge that on December 1, 2016, the Redeveloper obtained a right of entry (the "Right of Entry ") from the City for the purpose of conducting a survey of the property at Redeveloper's sole expense. Redeveloper's Right of Entry for survey purposes is ratified and reaffirmed. (b) The Authority shall take no actions to encumber title to the Redevelopment Property between the date of this Agreement and the time the deed is delivered to the Redeveloper. The Authority expressly agrees that it will not cause or permit the attachment of any mechanics, attorneys, or other liens to the Redevelopment Property prior to Closing. Upon Closing, the Authority is obligated to pay all costs to discharge any encumbrances to the Redevelopment 488843v2 CBR MN325 -31 Property attributable to actions of the Authority, its employees, officers, agents or consultants, including without limitation any architect, contractor and or engineer. (c) The Redeveloper shall take no actions to encumber title to the Redevelopment Property between the date of this Agreement and the time the deed is delivered to the Redeveloper. The Redeveloper expressly agrees that it will not cause or permit the attachment of any mechanics, attorneys, or other liens to the Redevelopment Property prior to Closing. Notwithstanding termination of this Agreement prior to Closing, Redeveloper is obligated to pay all costs to discharge any encumbrances to the Redevelopment Property attributable to actions of Redeveloper, its employees, officers, agents or consultants, including without limitation any architect, contractor and or engineer. Section 3.6. Soils, Environmental Conditions. (a) Before closing on conveyance of the Redevelopment Property from the Authority to the Redeveloper, the Redeveloper may enter the Redevelopment Property and conduct any other environmental or soils studies deemed necessary by the Redeveloper. If, at least 10 days before Closing the Redeveloper determines that hazardous waste or other pollutants as defined under federal and state law exist on the property, or that the soils are otherwise unsuitable for construction of the Minimum Improvements, the Redeveloper may at its option terminate this Agreement by giving written notice to the Authority, upon receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder. (b) The Redeveloper acknowledges that the Authority makes no representations or warranties as to the condition of the soils or other environmental conditions on the Redevelopment Property or its fitness for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property, and further acknowledges and agrees that the building located on the Redevelopment Property shall be conveyed AS -IS, and that remediation of hazardous materials within said building is solely the responsibility of the Redeveloper. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Redevelopment Property. Section 3.7. Business Subsidy Agreement. The provisions of this Section constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The parties agree and represent to each other as follows: (1) The parties agree and understand that the assessed market value of the Redevelopment Property is $81,500. The subsidy provided to the Redeveloper consists of a write -down in the acquisition cost of the Redevelopment Property as described in Section 3.2, for a total subsidy of $36,500 (the "Subsidy "). (2) The public purposes of the Subsidy are to retain jobs in the City and the State, to promote redevelopment activities and the removal of blight, and to increase the tax base of the City and the State. 488843v2 CBR MN325 -31 (3) The goals for the Subsidy are: to secure development of the Minimum Improvements on the Redevelopment Property; to maintain such improvements as a chiropractic medical facility for the time period described in clause (6) below; and to create the jobs and wage levels in accordance with Section 3.8(b) hereof. (4) If the goals described in clause (3) are not met, the Redeveloper must make the payments to the Authority described in Section 3.8(c). (5) The Subsidy is needed to induce the Redeveloper to acquire the Redevelopment Property and construct the Minimum Improvements at this site thus preserving and enhancing job and tax base growth for the City. (6) The Redeveloper must continue operation of the Minimum Improvements as a "Qualified Facility" for at least five years after the Benefit Date (defined hereinafter), subject to the continuing obligation described in Section 10.3 of this Agreement. The term Qualified Facility means a chiropractic medical facility. The improvements will be a Qualified Facility as long as the Minimum Improvements are operated by Redeveloper or a tenant for the aforementioned qualified uses. During any period when the Minimum Improvements are vacant and not operated for the aforementioned qualified uses, the Minimum Improvements will not constitute a Qualified Facility. (7) The Redeveloper does not have a parent corporation. (8) The Redeveloper has not received, nor does it expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Redevelopment Property or the Minimum Improvements. (b) Job and Wage Goals. The "Benefit Date" of the assistance provided in this Agreement is the earlier of the date of issuance of a certificate of completion for the Minimum Improvements or the date the Minimum Improvements are occupied by the Redeveloper or a tenant. Within two years after the Benefit Date (the "Compliance Date "), the Redeveloper or a tenant shall (i) create at least full -time equivalent job(s) on the Development Property, and (ii) cause the average hourly wage of the job(s) to be at least $ per hour, exclusive of benefits. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Redeveloper's continuing obligations under Sections 3.7(a)(6) and 3.7(d). The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the Authority's legislative discretion regarding this matter. (c) Remedies. If the Redeveloper fails to meet the goals described in Section 3.7(a)(3), the Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share" of the principal amount of the Subsidy together with interest on that amount at the implicit price deflator as defined in the Business Subsidy Act, accrued from the date of substantial completion of the Minimum Improvements to the date of payment. The term "pro rata share" means percentages calculated as follows: 488843v2 CBR MN325 -31 (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.7(a)(6), 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least 15 days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100 %. Nothing in this Section shall be construed to limit the Authority's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 3.7(a)(3), the Redeveloper agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Redeveloper must submit to the Authority a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2017 and continuing until the later of (i) the date the goals stated Section 3.7(a)(3) are met; (ii) 30 days after expiration of the period described in Section 3.7(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.7(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Redeveloper regarding the required forms. If the Redeveloepr fails to timely file any report required under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. Section 3.8. Payment of Administrative Costs. The Authority acknowledges that Redeveloper has deposited with the Authority a non - refundable Earnest Money deposit of $1,000. The Authority will use such deposit to pay "Administrative Costs," which term means out of pocket costs incurred by the Authority together with staff costs of the Authority, all attributable to or incurred in connection with the negotiation and preparation of this Agreement and other documents and agreements in connection with the redevelopment of the Redevelopment Property. Administrative Costs in excess of the Earnest Money deposit shall be paid by the Authority. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. (a) Before closing on conveyance of the Redevelopment Property under Article III, the Redeveloper shall submit to the Authority completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Redevelopment Plan, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing i£ (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Tacoma West Industrial Park Declaration and the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement or of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within 30 days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Redeveloper desires to make any material change in the Construction Plans after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in 488843v2 CBR MN325 -31 any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Redeveloper must commence construction of the Minimum Improvements by no later than 30 days after Closing on conveyance of the Redevelopment Property. Subject to Unavoidable Delays, the Redeveloper must substantially complete construction of the Minimum Improvements no later than the date that is one year following Closing. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the Redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. Subsequent to conveyance of the Redevelopment Property, or any part thereof, to the Redeveloper, and until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Redeveloper with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion in substantially the form provided in Schedule C. Such certification by the Authority shall be (and it shall be so provided in the deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the deed with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) The certificate provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the 488843v2 CBR MN325 -31 Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Redeveloper has received a certificate of occupancy issued by the City for the Minimum Improvements. Section 4.5. Remediation of Hazardous Materials. Upon remediation of the hazardous materials documented in the Limited Asbestos and Regulated Materials Survey /Inspection Report dated February 12, 2016, the Redeveloper shall provide evidence reasonably satisfactory to the Authority that the necessary work has been completed, and that the remediation activities have been inspected and approved by the relevant public authority. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE V Insurance Section 5.1. Insurance. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and until the Termination Date an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so- called `Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100 %) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (iii) Workers' compensation insurance, with statutory coverage. (b) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least 30 days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary 488843v2 CBR MN325 -31 to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. (d) The Redeveloper and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE VI Delinquent Taxes and Review of Taxes Section 6.1. Review of Taxes. The Redeveloper agrees that prior to the Termination Date it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property through: (a) willful destruction of the Redevelopment Property or any part thereof, or (b) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement, except as otherwise provided in Section 5.1(e). The Redeveloper also agrees that it will not, prior to the Termination Date, apply for a deferral of property tax on the Redevelopment Property pursuant to any law, or transfer or permit transfer of the Redevelopment Property to any entity whose ownership or operation of the property would result in the Redevelopment Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City or Authority in accordance with this Agreement). (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE VII Financing Section 7.1. Financing. (a) Before conveyance of the Redevelopment Property, the Redeveloper shall submit to the Authority evidence of one or more commitments for mortgage financing which, together with committed equity for such construction, is sufficient for the construction of the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long -term take -out financing commitment, or any combination of the foregoing. Such commitment or commitments for short term or long term mortgage financing shall be subject only to such conditions as are normal and customary in the mortgage banking industry. (b) If the Authority finds that the mortgage financing is sufficiently committed and adequate in amount to provide for the construction of the Minimum Improvements, then the Authority shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within thirty (30) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within thirty (30) days after such rejection. Approval of any subordination agreement under Section 7.3 hereof will constitute approval of financing for the purposes of this Section. Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that there occurs a default under any Mortgage authorized pursuant to Article VII of this Agreement, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents. In the event there is an event of default under this Agreement, the Authority will transmit to the Holder of any Mortgage a copy of any notice of default given by the Authority pursuant to Article IX of this Agreement. Section 7.3. Subordination and Modification for the Benefit of Mortgagee. In order to facilitate the Redeveloper obtaining financing for purchase of the Redevelopment Property and for construction of the Minimum Improvements according to the Construction Plans, the Authority agrees to subordinate its rights under this Agreement, including without limitation its rights of reverter as to the Redevelopment Property under Sections 9.3 and 9.4 hereof, provided that (a) such subordination shall be subject to such reasonable terms and conditions as the Authority and Holder mutually agree in writing, and (b) the Authority's obligation to subordinate is contingent on the Authority's approval of the financing in accordance with Section 7.1 hereof. 488843v2 CBR MN325 -31 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property or portions thereof, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of Redevelopment of the Redevelopment Property and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that until the Termination Date: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority unless the Redeveloper remains liable and bound by this Redevelopment Agreement in which event the Authority's approval is not required. Any such transfer shall be subject to the provisions of this Agreement. (b) In the event the Redeveloper, upon transfer or assignment of the Redevelopment Property or any portion thereof, seeks to be released from its obligations under this Redevelopment Agreement as to the portions of the Redevelopment Property that is transferred or assigned, the Authority shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper as to the portion of the Redevelopment Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement as to the portion of the Redevelopment Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the 488843v2 CBR MN325 -31 Authority) deprive the Authority of any rights or remedies or controls with respect to the Redevelopment Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satisfied then the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred, assigned or otherwise conveyed. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Authority and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the Authority and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Redeveloper agrees to protect and defend the Authority and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements. (c) The Authority and the governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Redevelopment Property or Minimum Improvements due to any act of negligence of any person. 488843v2 CBR MN325 -31 (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides): (a) any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or under any other agreement entered into between the Redeveloper and the Authority in connection with redevelopment of the Redevelopment Property; and (b) any default by Redeveloper under a Mortgage, if any. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non - defaulting party may exercise its rights under this Section 9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non - defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Cancel and rescind or terminate the Agreement. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to Conveyance to Redeveloper. In the event that subsequent to conveyance of the Redevelopment Property to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion for the Minimum Improvements required to be constructed on the Redevelopment Property: (a) the Redeveloper, subject to Unavoidable Delays, shall fail to begin construction of the Minimum Improvements in conformity with this Agreement and such failure to begin construction is not cured within 90 days after written notice from the Authority to the Redeveloper to do so; or (b) subject to Unavoidable Delays, the Redeveloper after commencement of the construction of the Minimum Improvements, fails to carry out its obligations with respect to the 488843v2 CBR MN325 -31 construction of such improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within 90 days after written demand from the Authority to the Redeveloper to do so; or (c) the Redeveloper fails to pay real estate taxes or assessments on the parcel or any part thereof when due, or creates, suffers, assumes, or agrees to any encumbrance or lien on the parcel (except to the extent permitted by this Agreement), or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such payment, removal, or discharge, within thirty (30) days after written demand by the Authority to do so; provided, that if the Redeveloper first notifies the Authority of its intention to do so, it may in good faith contest any mechanics' or other lien filed or established and in such event the Authority shall permit such mechanics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal and during the course of such contest the Redeveloper shall keep the Authority informed respecting the status of such defense; or (d) there is, in violation of the Agreement, any transfer of the parcel or any part thereof, or any change in the ownership or distribution thereof of the Redeveloper, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, and such violation is not cured within sixty (60) days after written demand by the Authority to the Redeveloper, or if the event is by its nature incurable within 30 days, the Redeveloper does not, within such 30 -day period, provide assurances reasonably satisfactory to the Authority that the event will be cured as soon as reasonably possible; or (e) the Redeveloper fails to comply with any of its other covenants under this Agreement related to the Minimum Improvements and fails to cure any such noncompliance or breach within thirty (30) days after written demand from the Authority to the Redeveloper to do so, or if the event is by its nature incurable within 30 days, the Redeveloper does not, within such 30- day period, provide assurances reasonably satisfactory to the Authority that the event will be cured as soon as reasonably possible; or (f) the Holder of any Mortgage secured by the subject property exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity in the event of a default in any of the terms or conditions of the Mortgage, Then the Authority shall have the right to re -enter and take possession of the Redevelopment Property and to terminate (and revest in the Authority) the estate conveyed by the deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Redevelopment Property to the Redeveloper shall be made upon, and that the deed shall contain a condition subsequent to the effect that in the event of any default on the part of the Redeveloper and failure on the part of the Redeveloper to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the Authority at its option may declare a termination in favor of the Authority of the title, and of all the rights and interests in and to the Redevelopment Property conveyed to the Redeveloper, and that such title and 488843v2 CBR MN325 -31 all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the parcel, shall revert to the Authority, but only if the events stated in Section 9.4(a) -(f) have not been cured within the time periods provided above. Section 9.4. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the Authority of title to and/or possession of the Redevelopment Property or any part thereof as provided in Section 9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the Redevelopment Property or part thereof as soon and in such manner as the Authority shall find feasible and consistent with the objectives of such law and of the Redevelopment Plan and TIF Plan to a qualified and responsible party or parties (as determined by the Authority) who will assume the obligation of making or completing the Minimum Improvements or such other improvements in their stead as shall be satisfactory to the Authority in accordance with the uses specified for such parcel or part thereof in the Redevelopment Plan and TIF Plan. During any time while the Authority has title to and /or possession of a parcel obtained by reverter, the Authority will not disturb the rights of any tenants under any leases encumbering such parcel. Upon resale of the parcel, the proceeds thereof shall be applied: (a) First, to reimburse the Authority for all costs and expenses incurred by it, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the parcel (but less any income derived by the Authority from the property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the parcel or part thereof (or, in the event the parcel is exempt from taxation or assessment or such charge during the period of ownership thereof by the Authority, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Authority assessing official) as would have been payable if the parcel were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the parcel or part thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the subject improvements or any part thereof on the parcel or part thereof, and any amounts otherwise owing the Authority by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the purchase price paid by Redeveloper under Section 3.2; plus (2) the amount actually invested by it in making any of the subject improvements on the parcel or part thereof, less (2) any gains or income withdrawn or made by it from the Agreement or the parcel. Any balance remaining after such reimbursements shall be retained by the Authority as its property. Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle 488843v2 CBR MN325 -31 the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The Authority and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non - discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and such successors and assigns, shall use the Redevelopment Property and the Minimum Improvements thereon only as chiropractic medical facility. Further, until the Termination Date the Redeveloper shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper c/o April M. Studer at 113 Locust Street, P.O. Box 1588, Monticello, MN 55362; and 488843v2 CBR MN325 -31 (b) in the case of the Authority, is addressed to or delivered personally to the Authority at City of Monticello Economic Development Authority, 505 Walnut Street, Monticello, Minnesota 55362, Attn: Executive Director; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the County recorder. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. AuthoritApprovals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative. Section 10.11. Termination. This Agreement terminates on the Termination Date. Within 30 days after the Termination Date, the Authority will deliver to Redeveloper a written release in recordable form satisfactory to Redeveloper, evidencing termination of this Agreement. Section 10.12. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Section 10.13 Well Disclosure. Authority certifies that the Authority does not know of any wells on the Property. Section 10.14 Individual Sewage Treatment System Disclosure. Authority certifies that there is no individual sewage treatment system on or serving the Property. Section 10.15 Methamphetamine Disclosure. To the best of Authority's knowledge, methamphetamine production has not occurred on the Property. (The remainder of this page is intentionally left blank.) 488843v2 CBR MN325 -31 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. AUTHORITY: CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2016, by and , the President and Executive Director of the City of Monticello Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public A -1 488843v2 CBR MN325 -31 STATE OF MINNESOTA } ss. COUNTY OF WRIGHT REDEVELOPER: April M. Studer The foregoing was acknowledged before me this day of 2016, by April M. Studer, a single person. Notary Public A -2 488843v2 CBR MN325 -31 SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY The South 1/2 of Lots 1, 2, and 3, in Block 50, Townsite of Monticello, according to the plat on file and of record in the office of the Register of Deeds in and for Wright County, Minnesota; Said South' /2 of Lots 1, 2, and 3, Block 50, can also be described as follows: Beginning at the mid -point on the common line between Lots 3 and 4, in said Block; thence Southerly along said common line 82.5 feet to the Southerly line of said Block (being the Southeast corner of said Lot 3); thence Westerly along the Southerly line of Lots 3, 2 and 1 for a distance of 99 feet to the Southwest corner of Lot 1; thence Northerly along the Westerly line of Lot 1 for a distance of 82.5 feet; thence straight Easterly 99 feet to the point of beginning and there terminating. Subject to existing easements, restrictions and reservations of record, if any. A -3 488843v2 CBR MN325 -31 SCHEDULE B FORM OF QUIT CLAIM DEED THIS INDENTURE, between the City of Monticello Economic Development Authority, a public body corporate and politic (the "Grantor"), and Hallie Leffingwell dba We Thrive Fitness, a single person (the "Grantee "). WITNESSETH, that Grantor, in consideration of the sum of $45,000 and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Wright and State of Minnesota described as follows, to -wit (such tract or parcel of land is hereinafter referred to as the "Property "): The South 1/2 of Lots 1, 2, and 3, in Block 50, Townsite of Monticello, according to the plat on file and of record in the office of the Register of Deeds in and for Wright County, Minnesota; Said South 1/2 of Lots 1, 2, and 3, Block 50, can also be described as follows: Beginning at the mid -point on the common line between Lots 3 and 4, in said Block; thence Southerly along said common line 82.5 feet to the Southerly line of said Block (being the Southeast corner of said Lot 3); thence Westerly along the Southerly line of Lots 3, 2 and 1 for a distance of 99 feet to the Southwest corner of Lot 1; thence Northerly along the Westerly line of Lot 1 for a distance of 82.5 feet; thence straight Easterly 99 feet to the point of beginning and there terminating. Subject to existing easements, restrictions and reservations of record, if any. To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging. SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on the day of , 2016, identified as "Purchase and Redevelopment Contract" (hereafter referred to as the "Agreement ") and that the Grantee shall not convey this Property, or any part thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement) in conformity with the Agreement, any applicable redevelopment program and applicable provisions of the zoning ordinance of the City of Monticello, Minnesota, or for the refinancing of the same. B -1 488843v2 CBR MN325 -31 It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the Redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certifications and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the Minimum Improvements, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Wright County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. The Grantee's rights and interest in the Property are subject to the terms and conditions of Section 9.3 of the Agreement relating to the Grantor's right to re -enter and revest in Grantor title to the Property under conditions specified therein, including but not limited to termination of such right upon issuance of a Certificate of Completion as defined in the Agreement. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with all provisions of the Agreement that relate to the Property or use thereof for the periods specified in the Agreement, including without limitation the covenant set forth in Section 10.3 thereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land for the respective terms herein provided, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants provided herein, both for and in its own right, and also for the purposes of protecting the interest of B -2 488843v2 CBR NM325 -31 the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall not have any right to re -enter the Property or revest in the Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its obligations under this Section 3. SECTION 4. This Deed is also given subject to: (a) Provision of the ordinances, building and zoning laws of the City of Monticello, and state and federal laws and regulations in so far as they affect this real estate. (b) [Any other permitted encumbrances after Redeveloper's title review] Seller certifies that Seller does not know of any wells on the described real property. B -3 488843v2 CBR MN325 -31 IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Executive Director and has caused its corporate seal to be hereunto affixed this day of 12016. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF WRIGHT ) On this day of , 2016, before me, a notary public within and for Wright County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Executive Director, respectively, of the City of Monticello Economic Development Authority (the "Authority ") named in the foregoing instrument; that said instrument was signed on behalf of said Authority pursuant to a resolution of its governing body; and said and acknowledged said instrument to be the free act and deed of said Authority. Notary Public This instrument was drafted by: Kennedy & Graven, Chartered (MNI) 470 US Bank Plaza 200 South 6t' Street Minneapolis, Minnesota 55402 B -4 488843v2 CBR MN325 -31 SCHEDULE C FORM OF CERTIFICATE OF COMPLETION C -1 48884342 CBR MN325 -31 CERTIFICATE OF COMPLETION WHEREAS, the City of Monticello Economic Development Authority, a public body, corporate and politic (the "Grantor "), conveyed land in Wright County, Minnesota to Hallie Leffmgwell dba We Thrive Fitness (the "Grantee "), by a Deed recorded in the Office of the County Recorder [and in the Office of the Registrar of Titles] in and for the County of Wright and State of Minnesota, as Document Numbers and , respectively (the "Deed "), pursuant to the terms of a Purchase and Redevelopment Agreement between the Grantor and Grantee dated as of 7 2016 and recorded in the Office of the County Recorder [and in the Office of the Registrar of Titles] in and for the County of Wright and State of Minnesota, as Document Numbers and respectively (the "Agreement "); and WHEREAS, the Deed contains certain covenants and restrictions set forth in Sections 1 and 2 of said Deed; and WHEREAS, the Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed and the agreements and covenants in Article IV of the Agreement (as described in said Deed) have been performed by the Grantee therein, and the County Recorder [and the Registrar of Titles] in and for the County of Wright and State of Minnesota are hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of Section 4.3 of the Agreement and the covenants and restrictions set forth in Sections 1 and 2 of said Deed; provided that the covenants set forth in Section 10.3 of the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period stated thereon. Dated: 20 C -2 488843v2 CBR MN325 -31 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 20, by and , the President and Executive Director, respectively, of the City of Monticello Economic Development Authority, on behalf of the authority. Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza Minneapolis, MN 55402 (612) 337 -9300 C -3 488843v2 CBR MN325 -31 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2016 -045 A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE CI'T'Y OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY FOR COMMERCIAL PURPOSES IS CONSISTENT WITH THE CITY OF MONTICELLO COMPREHENSIVE PLAN WHEREAS, the City of Monticello Economic Development Authority (the "Authority ") proposes the sale and conveyance of certain parcels of real property described in Exhibit A attached hereto (the "Property") and located in the City to APRIL STUDER (the "Developer "); and WHEREAS, the Authority desires to transact the sale of the Property to the Developer pursuant to its economic development powers, in order to facilitate the promote economic redevelopment and job opportunities and to promote the redevelopment of land which is underutilized within the City; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning Commission to review the proposed acquisition or disposal of publicly -owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning Commission has reviewed the proposed conveyance of the Property, and has determined that the Property is located in an area designated for "Downtown ", which includes commercial personal services uses within the City's comprehensive plan, and is therefore consistent with such use. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, that the sale of the Property by the Authority to the Developer is consistent with the City's comprehensive municipal plan, and will promote economic redevelopment and job opportunities and to promote the redevelopment of land which is underutilized within the City. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. ADOPTED this 6th day of December 2016, by the Planning Commission of the City of Monticello, Minnesota. MONTICEL�LA PLANNING VOMMISSION 0 111 Angela Schunf arih, Cliff 'unity Development Director CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2016 -045 EXHIBIT A Description of Property The South %2 of Lots 1, 2 and 3, in Book 50, Townsite of Monticello, according to the plat on file and of record in the office of the Register of Dees in and for Wright County, Minnesota; Said South' /2 of Lots 1, 2, and 3, Block 50, can also be described as follows: Beginning at the mid -point on the common line between Lots 3 and 4, in said Block; thence Southerly along said common line 82.5 feet to the Southerly line of said Block (being Southeast corner of said Lot 3); thence Westerly along the Southerly line of Lots 3, 2 and 1 for a distance of 99 feet to the Southwest corner of Lot 1; thence Northerly along the Westerly line of lot 1 for a distance of 82.5 feet; thence straight Easterly 99 feet to the point of beginning and there terminating. (MBeacon"" Wright County, MN Overview Legend Roads — CSAHCL — CTYCL MUNICL PRIVATECL TWPCL Highways Interstate — State Hwy US Hwy City/Township Limits c t Parcels Parcel ID 155010050011 Alternate ID n/a Owner Address n/a Sec/Twp /Rng 11- 121 -025 Class 958 - MUNICIPAL PUBLIC SERVICE -OTHER Property Address 349 BROADWAY W Acreage n/a MONTICELLO District n/a Brief Tax Description Sect-11 Twp- 121 Range -025 ORIGINAL PLAT MONTICELLO Lot-001 Block- 050S1/2 OFLTS1,2 &3 (Note: Not to be used on legal documents) Date created: 8/5/2016 Developed by Schneider The Schneider Corporation y1 S c�� OD co 4V, S 0 A Sol a is 'ca ►� n, fi, a s ❑ �, .� m c 1F m' D N U � 8F d 6 0 i N_ V 7 c O co er to CL N ] W ❑ � .N 7Y !a � r � a � � N } = b C Q y W y y 'Q Z iC y Q *` ' d Q ' d R uj w -0 c ac �e oe qC QQ a us 2 N U LU m m Li J L-1 0 349 West Broadway Exterior Improvements The operation of Studer Chiropractic necessitates transformation of the exterior of the building to obtain a clean professional appearance. Exterior Building • Fill in of the existing garage door space and add 3'4" windows across both openings • Fill in old door frame areas • Install Limestone Wainscot on the lower 3.5' of the Building facing Broadway • Install NeutraI/Woodstock Brown Hardie Board Siding above 3.5" facing Broadway. • Fill in doorways facing Linn Street Paint remainder of the Building to complement in Neutral tones Roof Replacement with fascia and lighting Replacement of Damaged Glass Blocks with Preservation of Block Window • Lighted sign Broadway NW side above window /entrance door • Enclosed Garbage Area 8x5 NW of Building Parking Lot • Bituminous Overlay with pitch to existing drainage • Striped and directional traffic flow from Broadway to Linn • Free standing sign front SW corner of lot Estimated Budget for Project $120,000 (Estimated at $80 per square foot) • New Roof $20,000 (Roof Overlay $12,000) • Install Heating & Cooling System $14,000 • Asbestos Removal $2,000 • Windows, Door, Repair of Block Windows/ Glass $10,000 Exterior Surface & Sig nage $10,000 • Parking Lot Bituminous Overlay with pitch to existing street drainage • Construction of Handicap Accessible Bathroom /Plumbing needs Electrical work and Lighting • Internal Buildout/Floor Leveling/Wall Construction/Woodwork /Fixtures �_ .tea., '��r"'` -x � a $ •� i� _ [� 2 AM 6X6 r. � �,� tZX6 � • �VmrQ� t` _ ��S't • T A w YNy� _ �•Y �°�b•FC _ r �"'x� '� i.; x- ;j°i'` s de 4 �3 ., Arc .� i�F } �y� rP} F J �• f F v N i t U *" +r U C ti0 � t 'D �-°° N i EDA Agenda: 12/14/16 9. Consideration of approving 2017 Membership Dues to Wright County Economic Development Partnership (JT) A. REFERENCE AND BACKGROUND: This item is for consideration of approving the 2017 Membership Dues for Wright County Economic Development Partnership (WCEDP). The proposed 2017 annual dues are $2,445.90. This is 3.0 percent increase ( +$71.20) over the 2016 amount of $2,374.66. The EDA has been involved with the WCEDP as a member for many years. In collaborating with and supporting the WCEDP, it brings the potential to leverage additional economic development funding for projects and strengthens the local economy. In essence, collaboration on economic development efforts is a key strategy of local progress. It should also be noted that regional organizations like MNCAR can also be accessed through WCEDP membership, further leveraging the fee expenses. Al. Staff Impact: There is minimal staff time involved in preparing the staff report for consideration of the 2017 Annual WCEDP Membership Dues. A2. Budget Impact: Funds for the 2017 Membership Dues in the WCEDP amount to $2,529.90. These expenses were budgeted for in the Dues, Membership and Subscriptions line in the budget approved by the EDA and City Council. B. ALTERNATIVE ACTIONS: Motion to approve the 2017 Annual WCEDP Membership Dues in the amount of $2,445.90. 2. Motion to deny approval of the 2017 Annual WCEDP Membership Dues in the amount of $2,445.90. 3. Motion to table the approval of the 2017 Annual WCEDP Membership Dues in the amount of $2,445.90 for further research or until a later date. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative 91 wherein the 2017 Annual WCEDP Membership Dues are approved in the amount of $2,445.90. By participating in the WCEDP, the EDA benefits through networking (broker events), information sharing and collaboration on development issues and leveraging funding for development projects. A recent example of collaboration was the MNCAR Expo wherein Wright County sponsored a booth and provided information about Monticello sites and opportunities upon request. D. SUPPORTING DATA: A. WCEDP Dues Statement cedp Wright Countg Economic Development Partnership Partnering for Opportunities August 26, 2016 Dear Jeff -City of Monticello, Thank you for your continued support of the Wright County Economic Development Partnership. In order to assist you in budget planning for your community, I am sending this notice in advance for the year of 2017. This is not an invoice, but rather a thank you and a request to remember the Partnership and its efforts when navigating your budget process. Municipalities' dues are calculated based on the recent State Demographer's population estimates figures. Actual dues will be based on the most recent statistics. The ever - changing profile of Wright County and the increased demand for the Partnerships' services helped determine this policy. This year we have increased dues by 3% as our latest increase was in 2015. Member investor payment for FY 2017: $2445.90 The Partnership has worked hard to increase the visibility of Wright County and its cities for business development. We have generated and disseminated numerous businesses leads thus far, have conducted business retention and expansion visits, frequently answer business development questions generated from our website and referrals, created a new Marketing Committee dedicated to marketing our communities and county, worked to become a Small Business Development Center through SCSU, and continue to provide support to the communities and businesses whom we serve. Feel free to call to chat as many other projects are underway that will directly benefit your community. With your continued support, the Partnership will be better able to provide service in these areas and bring a solid return on your investment. If you'd like a presentation by the Partnership to your city council we'd be happy to do so. Thank you. We sincerely appreciate your commitment to supporting economic development efforts in Wright County. I look forward to working with you in 2017! Sincerely, Duane Northagen, Executive Director 763 - 477 -3086 dnorthagen @wrightpartnership.org EDA Agenda - 12/14/16 10. Consideration of authorization to solicit quotes for limited rental market demand housing study. (AS /JT) A. REFERENCE AND BACKGROUND: The EDA is asked to consider authorizing the solicitation of quotes for a Limited Market Demand Housing Study. The study would be used to assess the demand for key market segments. Two of these segments are pertinent due to demographic trends and market conditions. They include market rate rental housing needs and senior housing market requirements. There have been several recent requests for information regarding market demand for senior housing as well as the question of market viability of housing in the core downtown area. The last housing study was completed many years ago and is outdated. The other two segments are downtown housing product in a redeveloping downtown and low and moderate income housing needs. Given that downtown redevelopment is the number one priority of the EDA at the present time, it would be beneficial to understand the possibilities of incorporating housing development into future downtown redevelopment projects. The timing of the completion of a housing study would complement the findings of the Small Area Study. A market analysis would also be beneficial to understand if there is an unmet need for market rate rental housing given the imminent completion of IRET's Monticello Crossings project (202 units). Staff welcomes the EDA's feedback on the structure and content of the four point scope of work structure indicated below. Four Key Analysis Segments Market Rate Rental Housing Senior Style Housing Low and Moderate Income Housing Downtown Housing - Product Viability /Suitability Al. Staff Impact: An initial estimate of staff time involved in the process, including preparation of the scope of work, reviewing submitted proposals and presenting the results to the EDA for consideration is 15 to 20 hours. A2. Budget Impact: Funding would be used from the 2017 EDA and Planning Commission budgets. A grant would be sought from the Initiative Foundation to cover half of the expected cost of $10,000 to $12,000. B. ALTERNATIVE ACTIONS: 1. Motion to authorize solicitation of quotes for a limited housing study, subject to further refinement and comments from the EDA. 2. Motion for denial of solicitation of quotes for a limited housing study. Motion to table consideration of a limited housing study.. C. STAFF RECOMMENDATION: It is apparent that the lack of updated information regarding rental market demand and senior housing needs is clouding the understanding of the local market and delaying active pursuit of development in the community by potential investors /developers. D. SUPPORTING DATA: A. Draft Scope of Work — Limited Market Demand Housing Study CITY Monticello REQUEST FOR PROPOSALS CITY OF MONTICELLO LIMITED HOUSING STUDY REQUEST The Monticello Economic Development Authority (EDA) is requesting proposals from qualified firms to answer questions regarding demand for rental housing and senior housing in the City as well as the viability of housing in the core downtown area. SUBMISSION DEADLINE Proposals Due Date /Time Thursday January 5, 2017 4:00pm Request for proposals must be received prior to 4:00 pm (CST) on Thursday, January 5fl, 2016 Late submittals will not be considered. Twenty (20) copies of the RFP should be submitted to the address below: City of Monticello: Attn: Jim Thares 505 Walnut Street Monticello MN 55362 Contact Info: Jim.thares&ci.monticello.mn.us or 763 - 271 -3254 COMMUNITY BACKGROUND The City of Monticello is situated in a prime location on Interstate 94 between Minneapolis /St. Paul and the City of St. Cloud. Monticello has experienced tremendous growth within the last twenty years in the residential, commercial, office, and retail sectors. The City of Monticello is a rapidly growing, free- standing urban fringe city encompassing approximately 5,000 acres and a population of 14,000. Note: The Monticello EDA (which has the powers of a Housing and Redevelopment Authority) has been very aggressive in its economic development strategies as related to the downtown. The City's EDA owns and has acquired properties in the core downtown area with a goal of facilitating redevelopment in the area. SCOPE OF WORK hi conjunction with the items listed below, each RFP must address the following: a. Estimated timeline for completion of the study /analysis b. Coordination and communication with staff c. Coordination and review by boards and commissions A final scope of work will be developed in collaboration with the selected firm. RENTAL HOUSING NEEDS: Supply of multi - family, inventory analysis (age, condition, etc.) Market demand for additional high density multi - family rental units SENIOR HOUSING MARKET: Supply of senior style housing, one level townhomes and patio homes; inventory analysis, age, conditions, etc. Market demand and viability for senior style housing, one level townhomes, patio homes Market demand for viability for senior housing (continuum of care facilities /units) LOW AND MODERATE INCOME HOUSING: Supply of low and moderate income housing, inventory analysis (age, condition, etc) Market demand and viability of low and moderate income housing DOWNTOWN HOUSING PRODUCT — REDEVELOPING DOWNTOWN Market analysis of the type or product most feasible for Monticello's downtown (rental, ownership/ condo, price range, density, etc.) 1. Identify the current inventory /supply and general age and condition of the housing segments as well as the pricing components /economic factors of each market segment. Finally quantifying the unmet demand /need for each of the four housing segments 2 2. Identify any coordination that needs to occur with staff and or the EDA or other boards to conduct the study. Define the specific amount of time commitment on the part of City staff and the Boards. 1. Provide a written deliverable with clear methodology of the analytical process and tabular information that can be provided to interested housing developers as an independent handout. PROJECT COST & FEE SCHEDULE All required information pursuant to the RFP shall be prepared at the sole cost and expense of the Respondent. There shall be no claims whatsoever against the City, its staff, or its consultants for reimbursement costs or expenses incurred in the preparation of the RFP(s). The proposal shall include a total cost estimate per component and an all inclusive cost. It should also consider coordination with existing City staff or consultants. hi addition, a section should be included detailing potential additional costs including; hourly fees, extraneous expenses associated with travel, electronic and verbal communication services, production, legal, and administration, etc. The Economic Development Authority and the City Planning Commission will be the funding source for the proposed project. It should be noted the EDA will be cost - conscious throughout the selection process and scope of project. STAFF SUPPORT All proposals should include a detailed summary of required staff support to complete each component. It is expected each firm will be responsible for the collection of baseline data resources. The City has a City Administrator, Finance Director, Community Development Director, Economic Development Manager, and Building Official. 3 PROJECT TIMELINE The proposal should include an estimated time allotment per component based on a start date of February 15, 2017 and a desired completion date of June 15, 2017. DELIVERABLES The selected consulting firm will be required to provide (20) printed copies and a digital of the final approved document, along with digital versions of any drafts. Final digital plan version must be an interactive document that has the ability to link to other resources. Digital copies of any GIS layers used to create maps or data bases shall be provided. The final plan will include both text and graphical segments. If needed, the plan should capitalize by utilizing any existing databases as much as possible. FIRM CREDENTIALS Include a section detailing the firm's background and experience. List the names of all consultants assigned to the project and in what capacity. Credentials must include a summary of past projects, including location, size, scope, and nature of services. SELECTION PROCESS Proposals will be reviewed and selected by the EDA based on a ranking criteria to be determined by the EDA. Presentations /interviews are expected to occur in late January or early February 2017. The selection committee may require a formal presentation and interview. The final selection process will not be made by a Selection /Evaluation Criteria ranking alone, but will be based on a combination including, but not limited to: ranking, presentation, proposal merit and other qualifications. Once authorized to proceed, the "most qualified" firm will be expected to immediately assist in developing a final scope of services and contractual agreement. The City of Monticello reserves the right to waive any irregularity in any submittal or reject any or all proposals. SELECTION /EVALUATION CRITERIA Proposals will be reviewed on a point basis, with a maximum of 100 points to determine ranking of each proposal. 1. Demonstrated Experience — a maximum of 60 points 4 What direct experience do the consultants assigned to the project have in completing similar housing studies? What relevant past experiences and performance do the consultants assigned to the project have that will enable them to successfully carry out the study and answer the questions regarding the four housing segments for the City. 2. Cost - Efficiency — a maximum of 25 points The proposal shall include a detailed cost estimate for completing the project. Hourly costs for additional time should also be provided, along with any extraneous expenses associated with travel, communications services, legal, coordination with outside consultants, production, etc. 4. Project Timeline and Consultant Availability — a maximum of 15 points The proposal shall include an evaluation of time allotted to each component and if applicable overall completion of Guide. Describe the proposed consultant project schedule and staffing plan, including the number of on -site visits /meetings. RESOURCES The following resources are available online at the City of Monticello website, www.ci.monticello.mn.us (Click Community Development /Downtown Development) • Current Monticello Zoning Ordinance • City Code • 2008 Monticello Comprehensive Plan • 2008 Monticello Natural Resource Inventory & Assessment • 2009 Transportation Plan (See Engineering Department's Transportation Page) • 2010 Embracing Downtown Plan Additional Information City Staff will provide additional information as requested. In order to ensure all candidates receive similar information a consolidated list of questions and answers will be posted on the City's website a week prior to the submission deadline. EDA Agenda: 12/14/16 11. Consideration of Appointing a Prospect Response Team - Subcommittee (JT) A. REFERENCE AND BACKGROUND: This item is for consideration of appointing a prospect response team to expedite replies to prospects following initial meetings exploring Monticello as a potential site. Recent prospect visits and requests for follow up replies were timed such that staff believes it will be helpful to have a response team involved rather than waiting to discuss and formulate a reply during regular meeting cycles. An alternative is to have more closed meetings to formulate responses. If the EDA concurs that this is a good idea, it is suggested that the response team be comprised of staff (Community Development Director and EDA Manager) and two EDA members, i.e. EDA President and City Council representative. Al. Staff Impact: There may be a slight amount of time committed to the team if it is indeed formulated. This is part of typical business activity for staff. A2. Budget Impact: There is not expected to be an impact to the budget; normal business expenditures ALTERNATIVE ACTIONS: L If the EDA feels it is appropriate, offer a motion to appoint a prospect response team comprised of staff and two EDA members. 2. Motion to deny appointment of a prospect response team comprised of staff and two EDA members. B. STAFF RECOMMENDATION: Staff recommends approval of Alternative 91 wherein a prospect response team is appointed to assist in expediting follow up replies to prospects. It may help with quicker replies to prospects and also avoids the need for extra formal closed sessions and the administrative steps of meeting postings required under state statutes. D. SUPPORTING DATA: No Supporting Data 12. A. B. La EDA Agenda: 12/14/16 Consideration of approving a letter of support for the Fallon Avenue Overpass Federal Funding Application (JT) REFERENCE AND BACKGROUND: This item is for consideration of approving a letter of support for the Fallon Avenue Overpass federal funding application to MN -DOT. The City Council authorized submission of this application at its November 14, 2016 meeting. See the attached agenda item that provided background information for Council meeting. The estimated construction cost is $6.5 million with the application seeking funding of approximately $2.0 million. The EDA is a key stakeholder group whose mission and standing will provide support to the funding request. Al. Staff Impact: Minimal staff time; preparing the report and coordinating the inclusion of the draft letter. A2. Budget Impact: No impact to the EDA budget. If the grant is received it will be a large positive impact to the City Capital Improvement funds budget. ALTERNATIVE ACTIONS: Motion to approve a letter of support for the Fallon Avenue Overpass federal funding application to MN -DOT. 2. Motion to deny approval of a letter of support for the Fallon Avenue Overpass federal funding application. STAFF RECOMMENDATION: Staff recommends approval of Alternative 91 wherein a letter of support is approved for the Fallon Avenue Overpass federal funding application to MN -DOT. The EDA's role and mission is to support the economic development growth of the community. The Fallon Avenue Overpass and related improvements project will greatly improve access to both sides of the freeway and benefit industrial and commercial businesses in the City. It may also spur additional potential future commercial and residential development as well. It is anticipated that the City Council will approve an agreement with St. Henry's Church at the December 12, 2016 meeting for property acquisition for the project. It is then anticipated that the Council will authorize preliminary design services for the project at their January 9, 2017 meeting. As part of the preliminary design process, stakeholder and public information meetings will be held. SUPPORTING DATA: A. Draft Letter of Support B. City Council Agenda item 11/14/2016 Monticello December 8, 2016 To Whom It May Concern: PHONE: 763 -295 -2711 FAx:763- 295 -4404 505 Walnut Street I Suite 11 Monticello, MN 55362 The Economic Development Authority (EDA) of the City of Monticello, Minnesota is in support of the City's effort to secure federal funding for the Fallon Avenue Overpass Project. The EDA's role and mission is to support the economic development and growth of the community. The Fallon Avenue Overpass and related improvement project will greatly improve access to and from both sides of I -94, benefitting industrial and commercial businesses in the City. The overpass will provide an alternate freeway crossing to the already congested Trunk Highway 25 and County Road 18 crossings, thereby improving circulation and reducing delays within the City to travel to these businesses. The Fallon Avenue Overpass Project will promote the EDA's mission and efforts to create jobs and spur future commercial and residential development in the City as there are several undeveloped properties within the project area. Monticello is a growing community centrally located on the I -94 corridor between St. Cloud and the Minneapolis /St. Paul metro area. Improvements to create better traffic flow are necessary for future growth and expansion of the community. We appreciate your time and consideration. Sincerely, Bill Demeules EDA President Jim Thares City of Monticello Economic Development Manager EDA Executive Director www.ci.monticello.mn.us City Council Agenda: 11/14/16 4B. Consideration of authorizing funding application for the Federal Surface Transportation Program (STP) for the Fallon Avenue Overpass (SB) A. REFERENCE AND BACKGROUND: MnDOT Region 7W is soliciting applications for local candidate projects for the fiscal year (FY) 2021 Local Surface Transportation Program (STP) Program. Region 7W consists of Benton, Sherburne, Stearns and Wright Counties. The program is for City's and County's within region 7W seeking Federal funding for roadway and bridge projects This is the same Federal funding program awarded for the TH 25 /CSAH 75 Intersection Proj ect. It is anticipated that approximately $2.8 to $3.0 million dollars and likely more will available for eligible projects within Region 7W with funds available in 2021. The exact amount of funding availability is expected to be released in December 2016. WSB is recommending that the Council consider applying for a portion of these funds for the Fallon Avenue overpass project. Even though right of way acquisition and design work has not commenced, the concept alignment drawing and cost estimates already prepared, are sufficient for completing the funding application. MnDOT's transportation planning staff and committee reviews the applications and ranks them based on the following criteria: • Access and Mobility • System Connectivity • Multimodal • System Condition • Safety • Economic Vitality • Cost Justification • Equity Over the past few years, most STP project applications have consisted of rural County road improvement projects with very few major transportation improvement projects. The larger transportation projects tend to rank higher and receive more funding as was the case with last year's applications. The Fallon Overpass project has a viable chance of being awarded a portion of the available funding, especially if right of way acquisition is secured with St. Henry's Church. The estimated project cost including right of way acquisition, engineering, administrative and construction costs is $8.8 million. This cost estimate includes several alternative design improvements that City staff and the Council will need to vet when design work is authorized. These alternatives would not affect the funding application since the project has a significantly higher cost than the funding City Council Agenda: 11/14/16 available. The estimated construction cost is approximately $6.5 million. Of that, the City must apply for between a minimum 30% or maximum 80% of the construction cost, which would total $1.95 million at a minimum or $5.2 million at a maximum in Federal funding requested. If the minimum amount is awarded to the City, it leaves the remaining funding available (estimated at $1 million of more) for other applicants, so that the total funding is distributed to multiple projects and not awarded to one project. It has been MnDOT's past practice to award Federal funds to multiple projects. The application deadline is January 6, 2017. On February 15, 2017, the Region 7W Transportation Advisory Committee (TAC) will review the rankings and applicant presentations and make their recommendation to the Central Minnesota Area Transportation Partnership (ATP). The ATP then recommends these projects for inclusion in the State Transportation Improvement Program (STIP). Almost always, the recommendations of the TAC are approved and included in the STIP. If these funds are awarded to the City, the City would then need to pass a resolution accepting the funding, committing to the project's development and construction and commit to 20% matching funds. Federal funds as opposed to non - Federal funds require additional environmental document preparation (i.e. Project Memo) and review by State and Federal agencies. This process adds at least 6 months to a project schedule before a project can be bid. If right of way acquisition with St. Henry's Church is complete by the end of 2016 and design work can commence at that time, construction of the project could potentially commence in 2018 at the earliest if there are no significant obstacles with the project process. Al. Budget impact: The fee to complete of the Federal funding application and presentation to Region 7W TAC is estimated at $2,500 and has been included with the engineering department budget for 2016. Federal funds is only one funding source for the project. Other funds including tax abatement bonds, advancing State Aid funds and utilizing capital improvement funds are other sources for funding the entire project cost. A2. Staff Workload Impact: WSB transportation department staff will prepare the application for City staff review and input. B. ALTERNATIVE ACTIONS: 1. Motion to authorize funding application for the FY 2021 Federal Surface Transportation Program (STP) for the Fallon Avenue Overpass. 2. Motion to deny at this time. City Council Agenda: 11/14/16 C. STAFF RECOMMENDATION: Staff recommends approving Alternative 91. The Fallon Avenue Overpass has been studied, included in the City's adopted Transportation Plan and has been on the horizon for several years. The City Council approved a concept plan alignment on May 25, 2015. There are several factors why the City should consider applying for Federal funds at this time including: nearing finalization of right of way acquisition with St. Henry's Church; progression of development (Fleet Farm, etc.) with increasing traffic volumes creating the need to move forward with the improvement; may spur continued development in the area, and; need for improve operation / relief for increasing traffic on TH 25 and CSAH 18. D. SUPPORTING DATA: A. FY 2021 Local Surface Transportation Program (STP) — Application Materials B. City Council Approved Concept Layout CENTRAL MINNESOTA AREA TRANSPORTATION PARTNERSHIP LOCAL SURFACE TRANSPORTATION PROGRAM PART 1 - APPLICATION GUIDANCE 1. GENERAL This document provides guidance for cities and counties interested in applying for federal Surface Transportation Program (STP) funding through the Central Minnesota Area Transportation Partnership (ATP). The guidance consists of two parts: Part 1 — Application Guidance and Part 2 — Application Instructions. Part 1 gives an overview of the ATP's programming process, including the regional approach it employs to solicit and select local projects for federal funding. It also contains the minimum eligibility requirements that applicants must meet for their projects to be considered for funding by the ATP. For those local agencies with qualifying projects who are interested in applying for funding, Part 2 provides them with helpful instructions in completing the actual application form itself. 2. PROCESS OVERVIEW The ATP annually develops an Area Transportation Improvement Program (ATIP) covering a four -year period. The ATIP is a prioritized list of transportation projects that the ATP recommends for inclusion in the State Transportation Improvement Program (STIP). Once in the STIP, projects become eligible for federal transportation funding. The ATP uses a decentralized approach in recommending local projects for federal funding and inclusion in the ATIP. This approach enlists the help of two regional development commissions [e.g., Region 5 Development Commission (Region 5) and East Central Regional Development Commission ( ECRDC)], one metropolitan planning organization [e.g., St. Cloud Area Planning Organization (APO)], and the Region 7W Transportation Policy Board (Region 7W). The ATP values the role that the regional partners play in identifying their transportation needs and priorities. Accordingly, the regions receive a target amount of federal funding to use in setting their locally- sponsored transportation priorities. The amount each region is targeted is based on a distribution formula that takes into account system size and usage factors and federal funding availability. The regions are responsible for recommending a prioritized list of transportation projects to the ATP based on their target funding levels. While each region has flexibility in setting their investment priorities, they all follow a similar process and schedule set forth by the ATP in soliciting and selecting projects for consideration in the ATIP. Region 5 and Region 7W annually solicit projects for the fourth year of the ATIP while the ECRDC and the St. Cloud APO solicit every other year to develop a five -year program. The regions follow the below steps in developing their list of priorities to recommend to the ATP for inclusion in the ATIP: • Sending out federal application materials to all potential applicants • Receiving completed applications from jurisdictions by the solicitation deadline • Verifying all candidate projects meet the minimum federal and ATP eligibility requirements • Evaluating eligible candidate projects using region's project assessment criteria and process • Recommending a rank - ordered list of projects to the ATP for programming consideration 3. PROJECT ELIGIBILITY Federal STP funds provide a flexible source of funding that may be used by cities and counties for projects on any Federal -aid eligible highway or street. They may also be used for bridge projects on any public road. While transit capital is also eligible for STP funding, the ATP utilizes a separate process for applicants requesting funding for these types of projects. 3.1. Primary Project Types Listed below are the primary project type categories eligible to receive funding through the ATP process. Additional details regarding project eligibility for these categories can be found in Part 2 (Application Instructions), Section 4 (Project Type) of this guidance. • New alignment roadway construction • Roadway expansion defined as adding capacity by constructing a new travel lane • Roadway reconstruction Page 1 of 8 • Roadway reclamation, reconditioning, and resurfacing • Bridge replacement or rehabilitation • Safety and /or operational improvements 3.2. Eligibility Exceptions Applicants are advised some regions have taken official action to make exceptions on what types of projects may be eligible for federal funding in their region. These regions made these exceptions to emphasize and focus federal funding on those transportation needs important to their areas. The following exceptions are in effect: Eligible cities and counties in Region 7W (outside of the St. Cloud APO 20 -year planning area) may nominate projects in any of the primary project type categories listed above. However, they may only nominate Roadway Reclamation projects under the "Roadway Reclamation, Reconditioning & Resurfacing" category. The other three regions are not subject to this restriction. • Eligible cities and counties within the St. Cloud APO 20 -year planning area may apply for federal funding for Planning. Planning includes those activities occurring before the selection of a preferred alternative. Federal funds may be used for corridor studies /planning activities where specific construction projects are the intended outcome. • Eligible cities and counties within the St. Cloud APO 20 -year planning area may apply for federal funding for Right of Way (R/W) Acquisition. Funding for R/W is limited to reimbursement for the costs that were paid for the acquired property (to be based on the Fair Market Value), not the value of the property at the time for which reimbursement is requested. Applicants receiving funding for R/W must initiate construction within ten years from the date of acquisition. 3.3. Minimum Eligibility Requirements Applicants seeking STP funding must meet certain minimum federal and ATP eligibility requirements. The minimum requirements are designed to assist the applicant in determining whether their proposed project is appropriate to receive federal funding. These criteria are also used by the regional planning partners in screening and evaluating candidate projects for funding. Figure 1 identifies the seven eligibility criteria established by the ATP along with the definition of each criterion. Figure 1: ATP Local Surface Transportation Program Project Eligibility Criteria This is the average daily traffic (ADT) computed for the most recent count Existing ADT for the roadway. Twenty year ADT is used for non - existing roadways and expansion projects. This is the minimum functional classification for a roadway in order for it to Minimum Functional Classification receive federal funds This is the minimum amount of federal funds that may be requested for the project. Projects receiving federal funding require extensive amounts of documentation and investigation during project development. Projects Minimum Federal Fund Request should be of a certain magnitude to effectively optimize the use of federal funds. Otherwise, the administration and development costs may exceed the benefit of the federal funds that are being requested for the project Project must be consistent with state, regional, and local long -range Project in Existing Plan or Program plans, including plans and studies prepared by the RDC or MPO or a locally adopted capital improvement plan. Projects that cross multiple local government units must be accompanied by a letter and /or official action indicating all affected local units of Assured Coordination with All Jurisdictions government are in agreement with the concept of the proposed project. This is to make sure that projects have the support of the local units of government, which potentially have a veto power over that project. Applicant must provide assurance that they have secured the necessary local match for their project. The local match is a minimum of 20 percent Assured Local Match of the total project cost for which federal funds are being requested and any additional costs not covered by federal funds necessary to complete the project as proposed in the application. Project must demonstrate that it improves the movement of people and Movement of People and Freight freight. Regions will utilize information from Section 7 (Project Qualifications ) of the application to make this determination. Page 2 of 8 Figure 2 establishes the minimum project requirements by investment category to qualify for STP funding. Applicants must meet all of the requirements associated with investment category for which they are seeking funding prior to making application to the region. Applications that do not meet these criteria will be rejected and not considered for federal funding. Figure 2: ATP Minimum Project Eligibility Requirements by Investment Category ROADWAY BRIDGE QUALIFYING CRITERIA URBAN RURAL REPLACE NEW REHAB SAFETY EXISTING NEW ALIGN EXISTING NEW ALIGN 1 Existing ADT 2,000 3,000 200 400 25 400 R 25 200 3,000 U Maj -Col- Maj -Col -R 2 Minimum Collector Collector Major Major Public R Public Collector- Functional Functional Class Collector Collector Road Collector- Road U 3 Minimum Federal 200K 200K 200K 200K 50K 50K 50K 100K Fund Request (B /C >1) 4 Project in Existing Yes Yes Yes Yes Yes Yes Yes Yes Plan or Program Assured 5 Coordination with Yes Yes Yes Yes Yes Yes Yes Yes All Jurisdictions 6 Assured Local Yes Yes Yes Yes Yes Yes Yes Yes Match Movement of 7 People and Yes Yes Yes Yes Yes Yes Yes Yes Freight 4. APPLICATION CHECKLIST Applicants must submit the following items by the application deadline: ❑ Local Surface Transportation Program Funding Application. Ensure the completion of all sections: • Section 1 — Applicant Information • Section 2 — Project Identification • Section 3 -- Technical Information • Section 4 — Project Type • Section 5-- Short Title Description • Section 6 — Purpose and Need • Section 7 — Project Qualifications • Section 8 — Cost Summary • Section 9 — Right of Way Needs • Section 10 — Project Timeline • Section 11 — Supporting Project Details • Section 12 — Additional Project Details (Optional) ❑ Location Map. Map should clearly depict project location and should be reproducible. ❑ Letters of Support. A letter of support will not be required by the applicant at the time of application. However, support letters will be required if the proposed project impacts and requires participation by multiple jurisdictions. If the proposed project is successfully selected for federal STP funding, the applicant will be reauired to secure a resolution of support from their governing body to demonstrate its commitment to the project's development and construction and to assure the availability of the necessary local matching funds. Page 3 of 8 5. REGIONAL PLANNING CONTACTS Region 5: Counties of Cass, Crow Wing, Morrison, Todd and Wadena Staci Headley Region 5 Development Commission 200 First Street Northeast, Suite 2 Staples, MN 56479 Phone: (218) 894 -3233, Ext. 5 Fax: (218) 894 -1328 Email: sheadley(a-)regionfive.org Region 7E: Counties of Chisago, Isanti, Kanabec, Mille Lacs and Pine Bob Bollenbeck East Central Regional Development Commission 100 Park Street South Mora, MN 55051 Phone: (320) 679 -4065, Ext. 24 Fax: (320) 679 -4120 Email: robert.bollenbeck(cDecrdc.org Region 7W: Counties of Benton, Sherburne, Stearns, and Wright (excluding the St. Cloud metropolitan area) Jon Mason Senior Planner MnDOT District 3 7694 Industrial Park Road Baxter, MN 56425 Phone: (218) 828 -5780 or 1- 800 - 657 -3971, Ext. 5780 Fax: (218) 828 -5814 Email: lon.mason(a�state.mn.us St. Cloud APO: Cities of St. Augusta, St. Cloud, St. Joseph, Sartell, Sauk Rapids and Waite Park Joseph Mueller St. Cloud Area Planning Organization 1040 County Road 4 St. Cloud, MN 56304 Phone: (320) 252 -7568 Fax: (320) 252 -6557 Email: mueller(cDstcloudapo.org Other Contact Resources: Kelvin Howieson District State Aid Engineer MnDOT District 3 7694 Industrial Park Road Baxter, MN 56425 Phone: (218) 828 -5707 or 1- 800 - 657 -3971, Ext. 5707 Fax: (218) 828 -5814 Email: kelvin.howieson(aD_state.mn.us Steve Voss District Transportation Planning Director MnDOT District 3 7694 Industrial Park Road Baxter, MN 56425 Phone: (218) 828 -5779 or 1- 800 - 657 -3971, Ext. 5779 Fax: (218) 828 -5814 Email: steve.voss(cD.state.mn.us Page 4 of 8 CENTRAL MINNESOTA AREA TRANSPORTATION PARTNERSHIP LOCAL SURFACE TRANSPORTATION PROGRAM PART 2 - APPLICATION INSTRUCTIONS 1. APPLICANT INFORMATION Provide contact information as requested. • Name — Name of requesting governing body. 2. PROJECT IDENTIFICATION • RDC /MPO Region — Enter one of the following based on the county that the project is located: • Region 5 — Cass, Crow Wing, Morrison, Todd, and Wadena Counties • Region 7W — Benton, Sherburne, Stearns, and Wright Counties • Region 7E — Isanti, Kanabec, and Mille Lacs Counties. (Pine and Chisago Counties not in District 3 programming area) • St. Cloud APO — Jurisdictions within the St. Cloud metropolitan planning area • Congressional /Legislative Districts — Enter the congressional and legislative districts based on the congressional district and legislative district that the project is located. • Route # — Enter the route name and number associated with the route system (e.g., CSAH 1, CR 12, MSAS 123, etc.) • Street Name — Enter name of street if route goes by a different title. • Beginning Termini — Enter the location from where the project will start (e.g., "0.2 MILES FROM JCT CSAH 1," "AT MISSISSIPPI RIVER BRIDGE," etc.) Be sure to include entire length of project impacts. • Ending Termini — Enter the location to where the project will terminate. Ensure termini covers entire length of project impacts. See "Beginning Termini" examples. • Length — Enter the length of the project in miles to the nearest tenth. 3. TECHNICAL INFORMATION A. Functional Classification — Check the box pertaining to the federal functional classification of the route for which improvements are planned. This is the classification on file with MnDOT. Consult with your Regional Planning Contact or the District State Aid Engineer if in doubt. B. Traffic Volume — Enter current annual average daily traffic (AADT) from most recent traffic count. Enter 20 -year AADT using county multiplier. If using other forecasting methodology, please indicate method in Section 12 (Additional Project Details) of the application. C. Pavement Condition — Enter age in years from last resurfacing change to the present year. Enter pavement rating, such as the Road Quality Index (RQI) for County State Aid Highway routes or the equivalent for other roadways /streets. If other than RQI, please note method for rating your pavement condition. D. Bridge Condition — Enter the Sufficiency Rating (SR) of the bridge if your project involves bridge replacement or rehabilitation. Bridge replacement will require a SR of 50 or less to qualify. If project involves work to a historic bridge structure, please indicate so in Section 12 (Additional Project Details) of the application. 4. PROJECT TYPE • Check the box that best describes the category of work being proposed. Check more than one box if your project affects multiple categories. Applicants should refer to Part A (Application Guidance), Section 3 (Project Eligibility) of this guidance for additional clarification on project eligibility and to determine if there are any exceptions to the project types in their region. Consult with your Regional Planning Contact or the District State Aid Engineer if you still have questions regarding the eligibility of your project for federal funding. • Check "Other" box if your project involves improvements not listed in one of the previous project type categories. Then specify the type of work proposed in the space provided. Figure 3 is a sample list of eligible improvements that may qualify under this section. Other work not listed in this figure may also qualify. Consult with your Regional Planning Contact or the District State Aid Engineer before applying to determine eligibility. All proposed Page 5 of 8 work must satisfy the minimum eligibility requirements set forth in Part A (Application Guidance), Section 3.3 (Minimum Eligibility Requirements) of this guidance. Projects may be bundled to meet minimum cost requirements but must collectively demonstrate relationship to one another. Figure 3: Sample List of Eligible Improvements for "Other" Project Type • Turn Lanes 0 Warning Flashers • Traffic Si nalization 0 Roundabout Construction • Edge Treatments 0 Shoulder Widening • Rumble Strips 0 Shoulder Paving • Median Barrier • Right of Way Acquisition St. Cloud APO only) • Traffic Signal Installation Planning St. Cloud APO only) 5. SHORT TITLE DESCRIPTION Provide a brief description of location and work. The county and city name should be included before the use of CSAH, CR, or CSAS. Please limit description to 120 total characters. Roadway Example: FROM CROW WING CSAH 18 IN NISSWA TO CASS CSAH 42 IN PINE RIVER, MILL AND OVERLAY FROM 0.5 MI S OF WRIGHT CR 106 TO 500 FT S OF SCHOOL BLVD IN MONTICELLO, GRADE AND SURFACE Bridge Example: OVER RUM RIVER 0.6 MI W OF CAMBRIDGE, REPLACE BRIDGE #984 6. PURPOSE AND NEED State the Purpose and Need (P &N) for your project. The P &N statement explains why the project is being proposed and what objectives are to be met. It should be clear, concise, well- organized, and easily understood. It should identify the problem(s), not the solution(s). • Need - Identifies transportation deficiencies or problems that need to be addressed, e.g., "The bridge has structural deficiencies that need to be addressed to provide for a safe river crossing." • Purpose — Is a broad statement of the primary intended transportation result and other related objectives to be achieved by the project. It should be based on, and written after the Needs have been identified. Figure 4 provides a sample structure for writing a P &N statement as taken from the MnDOT Highway Project Development Process. Figure 4: MnDOT Sample Purpose and Need Statement Structure Background - A short discussion of the context for the project, including location, background on the existing facility and its role in the transportation system; Need - A description of the problems or unsatisfactory conditions that currently exist or are reasonably expected with the existing facility or project area. The identified Needs should be clearly defined with respect to their relative importance as project objectives (primary vs. secondary). Primary Needs The primary needs section should discuss the primary transportation problems to be solved, i.e., the problems that led to initiation of the project. Secondary Needs The discussion of secondary needs includes a description of opportunities for other transportation problems or system improvements within the project study area that may be able to be addressed, if feasible, concurrent with addressing the primary needs. The following factors may be helpful in establishing the 'Need' for a proposed action: Capacity and transportation demand Safety Legislative directive Continued on next page) Page 6 of 8 Economic development and planned growth Modal interrelationships System linkage (`connecting link') Transportation facility deficiencies (Continued from previous page) Each need should be demonstrated through specific quantitative investigation and supported by discussion of appropriate data. For example, if improving safety is identified as a need, the text should include supporting data such as the number of accidents that have occurred in the past, the relative frequency of accidents and the type /severity of accidents that have occurred. (The supporting data may be included the appendix, to minimize the length of the Needs statement text.) Examples of supporting data include: Bridge evaluation reports Pavement evaluation reports Safety analysis Forecast travel demand and roadway capacity Performance criteria (e.g., established in an Interregional Corridor plan or Highway Investment Plan), Congestion /delay data Additional Considerations — Describe other desirable project elements or effects that are not central to the purpose and need, but are nonetheless important considerations (e.g., environmental protection, scenic improvements, economic considerations, etc.). These considerations should be discussed separately from the project Needs. Purpose - A very clear, concise description of the primary goals the project is expected to attain (usually no more than one or two sentences); a "big picture" of the desired results. (e.g., the purpose is to improve safety along a highway segment that has a high crash rate). The Purpose should be based on (and, therefore, written after) the Needs have been defined. I Source: MnDOT Highway Project Development Process, http: / /www. dot .state.nm.us /planning /lipdp /. I 7. PROJECT QUALIFICATIONS Respond to the following seven qualifying factors. Please limit your response to the space provided under each factor in the application. Be as complete as possible in your response. The information you provide will be used by the region in evaluating your project. A. Access and Mobility — Explain how your project increases the accessibility and mobility options for people and freight. B. System Connectivity — Explain how your project enhances the integration and connectivity of the transportation system for people and freight. C. Multimodal — Explain how your project promotes walking, bicycling, transit, and other modes as an integral component of the transportation system D. System Condition — Explain the current system conditions and how this project will preserve or enhance the transportation infrastructure and /or operations. E. Safety — Explain how your project or elements of your project may improve safety. F. Economic Vitality — Explain how your project supports the economic development and job retention /creation goals in your community and region. G. Equity — What was the last year your jurisdiction received federal aid for a construction project. 8. COST SUMMARY Enter the estimated costs for your project that are eligible for federal participation. Generally this includes all construction - related costs, including mobilization, traffic control and contingencies. Ineligible items include associated administrative and engineering costs. Enter the amount of federal funds you are requesting and your agency's local match. Federal Highway Administration requires a non - federal match of at least 20 percent of project costs. Regions reserve the right to limit the amount of federal funds being recommended on any project. Therefore, applicants may be requested to exceed the minimum 20 percent matching requirements to maximize and leverage available funds targeted to the region. However, federal participation may not be less than 30 percent. Page 7 of 8 9. RIGHT OF WAY NEEDS Check the appropriate box if you anticipate the project will involve the acquisition of right of way, require an easement of property, or cause a relocation of buildings /displacement of residents or businesses. Applicants requiring right of way should anticipate completion of this activity in the project timeline. 10. PROJECT TIMELINE Indicate the estimated timeframe (e.g., month /year) when you anticipate completing the environmental documentation, construction plans, and right -of -way acquisition (if required). In addition, provide construction start date and anticipated duration of construction in the space provided. Applicants requiring the completion of more substantial environmental review documentation, such as an Environmental Assessment or Environmental Impact Statement, should anticipate a longer project development timeline. 11. SUPPORTING PROJECT DETAILS Reply to the four questions below relating to your project. The information you provide will enable reviewers to determine public support for your project and provide an indication of your agency's project development needs and deliverability goals. A. Consistency with State, Region, or Local Plan or Program — State, regional, and local agencies have developed numerous comprehensive plans and various transportation plans, studies, and programs. These plans provide documentation on the existing conditions and planned improvements as well as demonstrate public support. As a result, the facilities identified in these plans are likely to provide the greatest public benefits to all the residents. B. Assurance of Local Match — Applicants who are recommended for funding by their respective region will be required to provide assurance of the matching funds in writing by resolution adopted by the governing body after selection of the project by the region. C. Advance Construction — Advance Construction (AC) is a programming option to allow agencies to accelerate the construction of their project in advance of the apportionment of federal funds. An AC project is treated the same as any other federal project and must be authorized prior to advertising for letting or expending any funds on the project. Local governments selecting the AC option for their project can move ahead the project in the STIP to the year they wish to construct the project. They must agree to meet all project development requirements to meet their desired construction schedule and upfront the full cost of construction. In exchange, they will then be reimbursed the federal funds programmed for the project in the year the AC Payback is shown in the STIP. D. Environmental Document Path - Indicate the environmental document path your project will likely follow. Consult with the District State Aid Engineer if in doubt. 12. ADDITIONAL PROJECT DETAILS This section is optional unless information is required to be provided from Section 3 (Technical Information) of the application. Applicants may provide additional information about their project that is not otherwise requested in the application. To that end, applicants should only include information they feel is pertinent to the region in reviewing and ranking the project. 13. APPLICANT SIGNATURE Sign and date application to certify commitment toward your proposed project and completion of all the application requirements. Forward a copy of your completed application with other items identified in Part 1 (Application Guidance), Section 4 (Application Checklist) to your Regional Planning Contact by the application deadline. Page 8 of 8 REGION 7W PROJECT ASSESSMENT OVERALL RANKING EVALUATION WORKSHEET Agency Name: Project (Work) Type: Route No.: Wor Street Name: Beginning Ending Termini: Termini: Project Qualification Comments —A Rank - (H)igh (M)edium (L)ow Access and Mobility - Explain how the project increases the < 5,000 ADT = Low (L) accessibility and mobility options for people and freight. 5,000- 10,000 = Medium (M) • Implements access management strategies /techniques > 10,000 = High (H) • Improves level of service (LOS) by enhancing facility capacity Must demonstrate improvements. Additional • Reduces travel time bump for "Low" if improvement accommodates heavy • Eliminates /reduces freight impediments /bottlenecks truck, improves access spacing (i.e. access closures /consolidation ), etc. System Connectivity - Explain how the project enhances the Improves urban /rural collector = Low (L) integration and connectivity of the transportation system for people Improves urban /rural arterial = Medium (M) and freight. Improves urban /rural principal = High (H) • Fulfills region's functional classification goals One additional bump for "Low or Medium" if improvement • Promotes multi-jurisdictional/regional projects (based on above) that connects /involves multiple • Supports system development (e.g., 10 -ton route, etc.) jurisdictions, AND if improvement increases roadway to • Involves multiple partners 10 -ton capacity. Multimodal - Explain how the project promotes walking, bicycling, No multimodal accommodations = Low (L) transit, and other modes as an integral component of the Wide /wider shoulders = Medium (M) transportation system. Designated bike lane, sidewalk, trail or transit • Accommodates pedestrians (e.g., sidewalks) (i.e. park -n -ride or bus pull -out) = High (H) • Accommodates bicycles (e.g., bike lanes, trails) • Accommodates pedestrians, bicycles, and other modes (e.g., CS) System Condition - Explain the current system conditions and how < 10 Year Old Pavement (YOP) = Low (L) this project will preserve or enhance the transportation 10 -19 YOP = Medium (M) 20 YOP = High (H) infrastructure and /or operations. • Improves pavement condition (e.g., ride quality index (RQI) or equivalent AND /OR rating) RQI 3.1 — 5.0 = Low (L) SR >80 = Low (L) • Improves bridge condition (e.g., sufficiency rating) RQI 2.1 — 3.0 = Medium (M) SR 50 -80 = Medium (M) • Improves drainage condition RQI 0.0 — 2.0 = High (H) SR <50 = High (H) • Achieves state -aid design requirements Safety - Explain how the project or elements of the project may Little to no safety improvements = Low (L) improve safety. Few safety improvements included as part of • Implements local safety plan strategies project (i.e. striping & signing but no rumble) = Medium (M) • Preserves safety infrastructure /appurtenances (turn lanes, signals, signs, Major multiple safety improvements (i.e. PROWAG /ADA, etc.) /expanded • Addresses public right of way accessibility guidelines (PROWAG) new shoulder, and new signing, striping, & OR improving • Implements traffic calming techniques /strategies sig. projected) reduction crashes or facility y with fatal /serious crashes =High (H) Economic Vitality - Explain how the project supports the economic No direct link to improved economy (i.e. dev. & job retention /creation goals in the community & region. improvement to commercial /industrial = Low (L) Improves structural capacity or access = Medium (M) • Improves commercialfindustrial access Improvement is referenced in jurisdiction economic dev. • Promotes economic development plans and recruitment efforts plan or improves structural capacity AND access = High (H) Cost Justification – Explain why the project is a sound investment for the region. Little or no documentation /Low B/C = Low (L) Documentation supports investment = Med (M) • Considers lower cost alternatives before selecting preferred alternative Detailed cost analysis /study with innovative • Considers benefit -cost in overall evaluation of project results = High (H) Equity - What was the last year the jurisdiction received federal aid for a construction project? LOCAL SURFACE TRANSPORTATION PROGRAM FUNDING APPLICATION Central Minnesota Area Transportation Partnership FY 2021 1. APPLICANT INFORMATION Local Agency: Project Manager: Address: Title: Phone: Fax: Email: Project Contact (/f different from Proj. Mgr.): Title: Phone: Fax: Email: 2. PROJECT IDENTIFICATION RDC /MPO Region: Congressional District: Legislative District: Length: Mi. Route # &/or Street Name: Beginning Termini: Endin Termini: 3. TECHNICAL INFORMATION A. Functional Classification of Roadway /Highway � B pavement Condition (Check all that apply) Urban Rural Age of Rating: ❑ Urban Principal Arterial ❑ Rural Principal Arterial Surface: ❑ Urban Minor Arterial ❑ Rural Minor Arterial ❑ Urban Collector ❑ Rural Major Collector C. Traffic Volume D. Bridge Condition Current AADT: 20 -Year AADT: =SR 4. PROJECT TYPE (Check all that apply) ❑ New Alignment ❑ Roadway Reclamation, Reconditioning & Resurfacing ❑ Roadway Expansion ❑ Bridge ❑ Roadway Reconstruction ❑ Other: (specify) 5. SHORT TITLE STIP DESCRIPTION (Limited to 920 characters) 6. PURPOSE AND NEED (Summary) Page 1 October 2016 7. PROJECT QUALIFICATIONS A. Access and Mobility Explain how the project increases the accessibility and mobility options for people and freight. B. System Connectivity Explain how the project enhances the integration and connectivity of the transportation system for people and freight. C. Multimodal Explain how the project promotes walking, bicycling, transit, and other modes as an integral component of the transportation system. D. System Condition Explain the current system conditions and how this project will preserve or enhance the transportation infrastructure and /or operations. Page 2 October 2016 E. Safety Explain how the project or elements of the project may improve safety. F. Economic Vitality Explain how the project supports the economic development and job retention /creation goals in the community and region. G. Equity What was the last year your jurisdiction received federal aid for a construction project? & COST SUMMARY Item Amount % of Total Federal Funds Requested Maximum 80% /Minimum 30% Local Matching Funds Minimum 20% Total Eligible Costs [9, RIGHT OF WAY NEEDS (Check all that apply) Property to be purchased? ❑ Yes ❑ No Easement(s) needed? ❑ Yes ❑ No Donated property? ❑ Yes ❑ No Relocations anticipated? ❑ Yes ❑ No 10. PROJECT TIMELINE Phase Estimated Month / Year Completed Environmental Document Completed / Construction Plan Prepared / Right of Way Acquired / Construction Start / Estimated Project Duration Months Page 3 October 2016 11. SUPPORTING PROJECT DETAILS A. Is the project identified in an approved or adopted statewide, regional, or local plan? ❑ Yes ❑ No If yes, please list all relevant plans: B. Has your agency developed a financial strategy to match the federal funds and any additional funding necessary to complete your proposed project? ❑ Yes ❑ No If no, please explain: C. If successfully funded, is your agency considering accelerating the project development and construction using Advance Construction? ❑ Yes ❑ No If yes, please list planned year of construction: D. Which environmental document path will the project likely follow? (If unsure, consult with the District State Aid Engineer.) ❑ Project Memo ❑ Environmental Assessment ❑ Environmental Impact Statement 12. ADDITIONAL PROJECT DETAILS (Optional) The applicant recommends that this project be selected for federal funding and attests a commitment to the project's development, implementation, construction, maintenance, management, and financing. Signature Title Date The sponsor will also be responsible for assuring future maintenance of the completed project by resolution and any additional costs associated with the project not covered by its request. Page 4 October 2016 Ooze Prh�ea —O 94- WSB Fil.nwnw N' \OH99- 9B° \Cadll�ftFoVan Arenw - °plivn 34 (AP).tlgn . } , • d� � 't ,\ F to 41 1 s t y � 1w f 1 N _ �• _ ` Ar . " + 0 4 s • It I /ss�� t} 5p�,o 'S • i •� r! a Chelsea Road is 646 .e Ik - 4 N 100 ft 200 fr EDA Agenda: 12/14/16 13. Economic Development Report (JT) LSI —130 East Broadway The Limited Site Investigation (LSI) was performed by METCO, La Crosse, Wisconsin, on Tuesday, December 6, 2016. The field boring crew was on the site throughout the day and completed the required work. Staff will monitor the findings and pursue follow up tasks as indicated. Any further expenditures in connection with the LSI contract will be brought before the EDA for consideration as needed. Staff will also follow up on the reimbursement request (90 percent) from the Minnesota Petrofund (MN Department of Commerce). Post Office Notice — Proposed Relocation of Monticello, MN Post Office The U.S. Postal service recently held a public meeting and opened a comment period on plans to consolidate the Monticello Post Office from a building at 331 West Broadway Street into the Carrier Annex facility located at 206 East 7t' Street. The meeting took place on Wednesday, December 7, 2016 at 6:00 p.m. in the Mississippi Room of the Community Center. Written comments on the consolidation proposal will be accepted until January 6, 2017 (please see information flyer). Prospects and Industrial Sites Active prospects number four at this time. Follow up tasks include monitoring their decision processes and providing additional information as requested. To that end, if all of the prospects were to select Monticello Otter Creek Business Park as their preferred site, the EDA would have very little land left to offer any future industrial prospects. Furthermore, there is very little available industrial land remaining in the City outside of Otter Creek Business Park. That low amount of industrial land may be an obstacle to the goal of increasing the number of jobs in the City as well as the growth of the tax base. Staff is proposing to hold a workshop in January to work through gathered information regarding land availability, absorption rates /trends and opportunities for additional land availability. Please see calendar and discuss choice of dates. Wilson Development Services Staff discussed a possible new contract with Dan Wilson in the realm of similar previous acquisition and relocation support services. He provided a ball park idea of what services could be accomplished with pricing for each service item presented as a menu of services. Presentation of this to the EDA is anticipated to occur in January. EDA Agenda: 12/14/16 The EDA has previously worked with Wilson Development Services for consulting services for acquisition and relocation support services on projects including those associated with the implementation of Embracing Downtown. 413 West 4tb Street — Follow Up The sale of the residential parcel was completed in October and construction is now under way on a new single family home at the site. See slide show. Dahlheimer Beverage Expansion — Follow Up The building expansion project is proceeding nicely. The land sale occurred in August. Construction of the 98,000 square foot expansion began in early September. See slide show. 2 UNITED STATES J POSTAL SERVICE # FOR IMMEDIATE RELEASE November 23, 2016 MEDIA ADVISORY Contact: Pete Nowacki 612- 349 -4428 Peter. J. Nowacki(ousps. qov , 0)+.m IM fto Notice of Public Meeting and Comment Period Proposed Relocation of Monticello, MN, Post Office What: The U.S. Postal Service will host a public meeting to discuss relocation of the Monticello Post Office located at 331 W Broadway St, Monticello, MN. Who: USPS Real Estate Specialist Greg Shelton When: Wednesday, December 7, 2016 6 p.m. Where: Monticello Community Center South Mississippi Meeting Room 505 Walnut Street Monticello, MN 55362 Background: Postal Service plans to consolidate the Post Office located at 331 W Broadway Street to the Carrier Annex building, located 206 E 7th Street. Retail Services will continue at the current site until the Carrier Annex has been modified and terms of the current lease on Broadway have been finalized. U.S. Postal Service representatives will present the proposal for the relocation during the 6 p.m. meeting. Written comments on the proposal will be accepted until January 6, 2017 and may be submitted to: Greg Shelton, Real Estate Specialist United States Postal Service 200 E Kentucky Ave Denver, CO 80209 -9950 The Postal Service receives no tax dollars for operating expenses and relies on the sale of postage, products and services to fund its operations. Please Note: For broadcast quality video and audio, photo stills and other media resources, visit the USPS Newsroom at www.aboutusps.com /news /welcome.htm about.usps.com /news / welcome.htm For reporters interested in speaking with a regional Postal Service public relations professional, please go to about.usps.com/ news / media - contacts /usps- local- media- contacts.pdf Follow us on twitter.com/USPS and like us at facebook.com/USPS. For more information about the Postal Service, go to usos.com and usps.com/postalfacts. 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