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City Council Agenda Packet 03-27-2000 . AGENDA REG ULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 27, 2000 - 7 p.m. Mayor: Roger Belsaas Council Members: Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen I. Call to order. 2. Approve minutes of regular council meeting of March 13, 2000. 3. Consideration of adding items to the agenda. A. B. C. 4. Citizens comments/petitions, requests, and complaints. 5. Consent agenda. . A. Consideration of approving joint resolution supporting annexation of Klein Farms 6th Addition. B. Agreement with City of Otsego regarding accepting domestic sewage on a temporary basis until new sewer plant is operational. C. Consideration of a one year contract extension with Superior Services for garbage service. D. Consideration of approving Change Orders NO.3 & 4 for CSAH 75 Project No. 98-17C. E. Consideration of approving a temporary on~sale liquor license for Ducks Unlimited Banquet and Riverfest. Applicant: Monticello Lions Club. ~I 6. . 7. 8. F. Consideration 0 f accepting petition and authorizing preparation of plans and specifications for construction of road/drive aisle improvements and storm sewer serving the Methodist Church site. &- (JTP-""'"' 1:l' 10 fV!DuR J fO h.W') Consideration of items removed hom the consent agenda for discussion. Public Hearing - Consideration to adopt City of Monticello Revolving Loan Fund Policy for the Community Development Block Grant. Consideration to approve the Grant Agreement #CDAP-99-0 122-1-I-FYOO between the State of Minnesota and the City of Monticello. . . . Agenda Monticello City Council March 27, 2000 Page Two 9. Public Hearing - Consideration to approve the Agreement for Loan of Small Cities Development Program Funds between the City of Monticello and Twin City Die Castings Company. 10. Review of bids for ballfield lighting and consideration of award of contract - Project #2000~0 1 C 11. Consideration of payment of bills for March 12. Adjourn {YIfJ ~H RU,!,A p"..f fob ~",v" r A.r(twd0#CC e i/a~1 ;v\TCr ~ V"", (iA e.{.'f "^ Ttr ) -=::;; ~ . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 13, 2000 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. 2. Approve minutes of February 28. 2000 regular council meetiOl:~. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 28, 2000 REGULAR COUNCIL MEETING AS PRESENTED. CLINT HERBST SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the aeenda. Mayor Belsaas noted that there was a request by the Monticello Lions Club to consider the renewals for their charitable gambling license at River City Lanes and Hawks Sports Bar and Grill with their license request for charitable gambling at the Monticello Country Club. BRIAN STUMPF MOVED TO INCLUDE 'I'HE CHARIT ABl,E GAMBLING LICENSE RENEW ALS FOR THE MONTICELLO IJONS CLUB AT lIA WKS SPORTS BAR AND GRILL AND RIVER CITY LANES WITH AGENDA ITEM SF COVERING THE CHARITABLE GAMBLING LICENSE FOR THE MONTICELLO LIONS CLUB AT THE MONTICELLO COUNTRY CLUB. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bruce Thielen asked that discussion on forming a community center committee be added to the agenda. Clint Herbst indicated he also had a question on the community center operations and requested that item #5G be removed from the consent agenda for discussion. 4. Citizen comments/petitions. requests and comolaints. None 5. Consent aeenda A. Consideration of resolution authorizing the issuance of a charitable gambling license for Ducks Unlimited Banquet. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a gambling license to Ducks Unlimited. Res. 2000-14. 2 Council Minutes - 3/13/00 . B. Consideration of resolution authorizing issuance of a charitable gambling license for Monticello Youth Hockey. Recommendation: Adopt a resolution authorizing the State Gam bling Control Board to issue a pull tab license to Monticello Youth Hockey. Res. 2000-16. C. Item removed from agenda. D. Consideration to approve the subordination agreement associated with thc contract for private development between Twin City Die Castings, the HRA and the City of Monticello. Recommendation: Approve a motion approving the Subordination Agreement with the contract for private development between Twin City Die Castings, the \-IRA and the City of Monticello. E. Consideration to approve a estoppel certificate associated with the contract for private development between Twin City Die Castings, the HRA and the City of Monticello. Recommendation: Approve a motion approving the estoppel certificate acknowledging the change in the construction commencement date from December 1, 1999 to January 1, 2000 and approving and acknowledging the change of the construction completion date for Phase I from June 1,2000 to September 1,2000 within the contract for private development between Twin City Die Castings, the BRA and the City of Monticello. . F. Consideration of issuing a gambling license to Monticello Lions Club to conduct gambling at Monticello Country Club. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a pull tab license to the Monticello Lions Club for the Monticello Country Club. Res. #2000-15. G. Consideration of adoption of amendments to City/National Guard agreement governing development and operation of the Monticello Community Center. Reco~mendation: Approve the amended agreement contingent on resolution of shelving design issues to the satisfaction of the City and National Guard, payment to the City for change orders made to Guard offices as requested by the National Guard, Guard agreement to pay City for legal fees associated with this amendment. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA WITI-I ITEM 5G REMOVED FOR DISCUSSION AND ITEM SF AMENDED TO INCLUDE ALL THE CHARITABLE GAMBLING SITES OF THE MONTICELLO LIONS CLUB. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al:enda for discussion. . Clint Herbst asked for some further clarification on this item before it was acted upon. Jeff O'Neill reviewed the shelving issue and its resolution. He also noted that there was approximately $4000-$5000 in change orders for the National Guard area which had yet to be billed to the Guard. In addition the cost of legal fees for preparation of this agreement would be paid by the National Guard. 2 l. . . . Council Minutes - 3/13/00 CLINT HERBST MOVED 'fa APPROVE THE AMENDED AGREEMENT CONTINGENT ON THE RESOLUTION OF SHELVING DESIGN ISSUES TO THE SATISFACTION OF THE CITY AND NATIONAL GUARD, PAYMENT TO THE CITY FOR CHANGE ORDERS MADE TO THE GUARD OFFICE AS REQUESTED BY THE NATIONAL GUARD AND NATIONAL GUARD AGREEMENT TO PAY THE CITY FOR LEGAL FEES ASSOCIATED WITH THIS AMENDMENT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of authorization to orepare plans and specifications for the oedestrian overpass and oathway proiect (Project 98-02C) .lefT O'Neill explained that in order for the City to keep the time line for funding on this project, the City would need to move forward with the preparation of the plans and specifications. The concern of the City staff is that since the inception of the project, the estimated project costs had increased. The staff wanted input from the Council on the financing of the City's portion of the project. Originally the construction cost was estimated at $486,000 but have now increased to $620,000 which does not include engineering cost and easement acquisition. The City has received approval of ISTEA grants in the amount of $389,000 and there is a possibility that the grant may be increased to cover 80% of new estimated construction costs but it is not guaranteed that will be the case. The City needs to determine how it would fund an estimated cost of $264,000 and possibly an additional $107,000 if there is no increase in federal grant monies. Initially the City had considered including this in a bond sale but found out that this could not be done unless 20% of the project cost was assessed. $45,000 had previously been budgeted toward this project and there are funds in the City's reserve if the Council decides to reallocate reserves for this project. Jeff O'Neill emphasized the importance of this project to public safety and to the City's overall pathway plan. It is a major link between CSAI-I 75 and School Boulevard. Even though the project costs have increased, he felt it was doubtful that the City would have another opportunity like this. Bret Weiss, City Engineer, reviewed the easements needed for the project. He indicated that Resurrection Lutheran Church is supportive of the project and would provide the easement at no additional cost. The school district also indicated their willingness to supply necessary easements over their property. Bret Weiss has had contact with the other property owners that would have to provide easements. One property owner is trying to determine how the loop ranlp as well as this proposed project would impact his parcel and how the remaining land area could be developed. Bret Weiss suggested that there should be discussion with MnDOT regarding this item. It is estimated that .6 acres ofland would be need for casements. Ifthis could not be obtained without cost to the City, the engineer estimated based on land values of $35,000/acre that the City could be looking at casement costs of about $30,000. The Council also discussed the engineering fee structure for the project. Bret Weiss indicated that this project would require full time inspection for the bridge work which is more than what would normally be required in a project. In addition federal projects generally involve more paper work than typical engineering projects. Clint Herbst asked if the engineering percentage would be the 12% design and 10% inspection as indicated by staff. Brett Weiss replied that he would have to calculate the percentage. ~ -, l Council Minutes ~ 3/13/00 . There was some discussion on fees based on the complexity of the project and it was felt there needed to be some clarification on the engineering fees and how they were determined. Bruce Thielen noted that the grant application process is very competitive and it would be unlikely, if the City would drop out that they would be funded again at some future date. The consensus of the Council was that the project was important. However, they were looking to see if the City funded the City's share of the project from reserves what impact it would have. Bruce 'rhielen also suggested that the Mayor and/or Councilmcmbers go to the school district and discuss funding participation by the di strict. Clint Herbst questioned whether it was feasible to have a second engineering firm look at this project. John Simola, Public Works Director, responded that the time frame on this project being limited would not work well for involving a second engineering firm. Clint Herbst asked what the estimated engineering costs would be for the plans and specifications. Bret Weiss replied the cost would be approximately $62,000. BRUCE THIELEN MOVED TO AUHIORIZE 'rHEENGINEER TO PREPARE PLANS AND SPI.';;CIfICATIONS FOR THE BRIDGE AND PATIIWA Y PROJECT AS OUTLINED IN THEIR SCOPE OF SERVICES UNDER 'rIlE FEE ARRANGEMENT AS REQUESTED CONTINGENT UPON Tl-IE STAFF DETERMINING OPTIONS FOR FINANCING OF THE CITY'S SHARE OF THE PROJECT COSTS AND BRINGING THESE fINANCING OPTIONS BACK TO THE COUNCIL FOR DISCUSSION AT A FUTURE MEE"rING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. . 8. Consideration of a request for a conditional use permit to allow open sales as an accessory use in the B-4, Regional Business District. Applicant: Skipper Pools and Spas. Jeff O'Neill summarized the Planning Commission's consideration of this item and rcviewed the conditions proposed as part of the conditional use pcrmit. 'rhe Planning Commission also addrcssed the complaints about the property owner's storage of materials outside. It was noted that the site is not ideal for its current use so it is extremely difficult to arrive at a permanent solution on the issue of outsidc display ffild storage. There was discussion on whether it was bettcr to allow thc display and storage on the site or on the property owncd by the HRA and leased to the tenant. BRUCE TllIELEN MOVED TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING OUTDOOR DISPLA Y AND SALES FOR SKIPPER POOLS AND SPAS LOCATED AT 101 WEST BROADWAY (Lots 9 & ] n, Block 52, Original Plat) SUBJECT TO THE FOLLOWING CONDITIONS: I. 2. 3. . 4. 5 6. Entering into a satisfactory lease arrangement with the liRA that includes a hold harmless and indemnification clause protecting the City againsllawsuits associated with display of pools filled with water. All lighting must be directed away from the public right-of-way. Parking stalls Illust be dearly striped and marked. No permanent or temporary signs shall be erel:leu on the outdoor display. Any swimming pool or spa displayed outdoors must he provided with a continuous surrounding harrier to prevent entry. Outdoor swimming pool or spa displays may contain water for structural reasons. but must be securely covered during night time or non~business hours. 4 L . . Council Minutes - 3/13/00 7. S. ^II items shall he removed by August 31,2000. No outside storage is allowed under this permit. 'fhe conditional use permit shall be seasonal from April through ^ugust 31, 2000. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of an amendment to the zoning map to rezone a parcel from I-lA. Li~ht Industrial to R-3. Multiple Familv Residential. Applicant: Josevh & Mamie LaFromboise. The Planning Commission in their consideration of the rezoning request recommended denial of the rezoning from I-IA to R-3 based on the finding that the City's Comprehensive Plan calls for preservation of industrial land. They also felt that while freeway exposure was an enhancement for industrial use it would have a negative impact on multiple family. BRUCE 'flllELEN MOVED TO APPROVE THE DENIAL OF THE REZONING REQUEST OF GUS LAFROMBOISE TO REZONE OUTLOT A, CONSTRUCTION 5 ADDITION FROM I-IA TO R-3 BASED ON A FINDING THAT THE COMPREHENSIVE PLAN CALLS FOR PRESERV A TION OF INDUSTRIAL LAND AND THE FREEWAY EXPOSURE WOULD NEGATIVELY IMPACT A MUL TIPL,E FAMILY PROJECT. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 10. Consideration of payment of bills for March. 2000. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR MARCH. BRUCE TIHELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bruce Thielen stated that during the construction process for the community center there was a small group that met periodically to work out construction issues. I Ie suggested that there be a permanent mechanism established for the operation of the community center similar to the Park Commission. It was felt that if the small group is going to continue to function for awhile yet, they could set in motion the formalizing of a commission for the community center. Clint Herbst questioned the appropriateness of community center contacting the school regarding supervision of students who were at the community center on a day when school was closed. The Council briet1y commented on a proposal for the use of the former senior citizen building. The consensus of the Council was that they did not teel the proposed use would fit the area. CLINT HERBST MOVED TO ADJOURN AT 8 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. . Recording Secretary 5 L . . . Sa. City Council Agenda - 03/27/00 Consideration of approving ioint resolution suoportine: annexation of Klein Farms 6th Addition. (.10) REFERENCE AND BACKGROUND City Council is asked to consider adopting a resolution supporting annexation of the Klein Farms 6th subdivision. This subdivision has received approval for annexation by the MOAA and preliminary plat approval has been granted by the City Council. The Township will have this item on its next agenda. According to the City/Township annexation process, the annexation should take place prior to final plat approval. Upon adoption ofthis resolution and upon approval by Monticello Township, City staff will submit the annexation request to the State Planning Agency for formal annexation. Once this occurs, the final plat and development agreement will be adopted at a subsequent meeting. At this point in time, it is expected that the development agreement and final plat will be considered by Council at the first meeting in April. ALTERNAI'IVE ACTION 1. Motion to adopt joint resolution supporting annexation ofthe Klein Farms 6th subdi vision. 2. Motion to deny approval of the annexation. RECOMMENDATION City staff recommends alternative 1. SUPPORTING DATA Copy of joint resolution. RESOLUTION NO. 2000-19 . IN THE MATTER OF THE AMENDMENT TO THE JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF MONTICELLO AND THE CITY OF MONTICELLO, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414.0325, SURD. 1 TO: Minnesota State Planning Agency Municipal Boundary Adjustments 300 Centennial Building 685 Cedar Street St. Paul, MN 55155 The Town of Monticello and the City of Monticello hereby jointly agree that the joint resolution between the Town of Monticello and the City of Monticello designating an area for orderly annexation dated March 6, 1998, be amended to include the following: . Both the Town and the City agree that no alteration of the stated boundaries of this agreement is appropriate. Furthermore, both parties agree that no consideration by the Board is necessary. Upon receipt of this resolution, the Municipal Board may review and comment but shall, within 30 days, order the annexation of the following described property in accordance with the terms ofthe joint resolution: Property known as: Klein Farms VI Addition (39.85 Acres) The Northeast Quarter of the Northeast Quarter, Section 23, Township 121 North, Range 25 West, Wright County, Minnesota. Approved by the City of Monticello this 27th day of March, 2000. City Administrator Mayor day of ,2000. Approved by the Town of Monticello this ~~ l' own Chair Town Clerk . SH . . . SB. Council Agenda - 3/27/2000 Consideration of aereement with the citv of Otseeo for the acceptance of domestic wastewater at the Citv of Monticello's Wastewater Treatment Plant. (J.S.) A. REFERENCE AND BACKGROUND: The city ofOtsego is building a wastewater treatment plant near the Crow River near the city of Dayton. The treatment plant is expected to be completed this summer. There will not. however, be enough flow immediately to operate their facility. They have, therefore, requested that the city of Monticello accept their wastewater until they have sufficient flow to operate their plant, which is expected to be late summer or early fall. City staff has drafted an agreement similar to the two agreements used in the past to accept wastewater from developers in the city of St. Michael. The agreement allows up to 8,500 gallons per day to be transported to our wastewater treatment plant, and provides safeguards for the city. As always, in accordance with our policy, the charge would be three times the normal rate as the wastewater is coming from outside the community boundaries. The wastewater is not to be associated with septage which has a high concentration of solids and is generally very odorous. This wastewater is principally water, is low in solids and has not and should not present any odor problems at the wastewater treatment plant. A copy of the proposed agreement is enclosed for your review. The city of Otsego will also have this agreement on their council agenda Monday evening. B. AL TERNATIVE ACTIONS: 1. -fhe first alternative is to approve the agreement as drafted with the city of Otsego allowing up to 8,500 gallons of wastewater per day to be treated at our wastewater treatment plant. The agreement terminates on December 31,2000. The cost is three times our normal rate. 2. The second alternative would be not to approve the agreement. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that the City Council approve the agreement as proposed in alternative #1. D. SUPPORTING DATA: Copy of proposed agreement with the city of Otsego. . CITY OF MONTICELLO AGREEMENT FOR THE ACCEPTANCE OF DOMESTIC WASTEWATER FROM THE CITY OF OTSEGO s This Agreement, made and entered into this day of ' 2000, by and between the City of Monticello, a municipal corporation and the City of Otsego, a municipal corporation. WHEREAS, the City of Otsego has requested that the City of Monticello accept raw domestic wastewater up to an amount of8,500 gallons a day from the City ofOtsego until December 31,2000, when it is expected that the City of Otsego will have capacity at their own wastewater treatment facility to handle the wastewater. WHEREAS, the City of Monticello has adequate capacity at this time and in the immediate, foreseeable future to handle the domestic raw wastewater from the City ofOtsego in the amount of up to 8,500 gallons a day; NOW, THEREFORE, The City of Otsego and the City of Monticello do hereby enter into an agreement to receive and treat the domestic raw wastewater under the following conditions: 1. The City of Monticello agrees to accept said raw domestic wastewater and provide a reliable point of disposal so long as the waste remains domestic, is non-toxic, and does not, in the sole discretion of the wastewater treatment plant chief operator, hamper or impede service or operations to city residents. . 2. The amount of raw domestic wastewater that the City of Monticello shall accept from the City of Otsego shall not exceed 8,500 gallons per day. The rate of discharge shall not exceed one hundred fifty (150) gallons per minute. 3. The City of Otsego and/or their authorized agent shall be required to take a one (1) quart representative sample from each load transported to the wastewater treatment plant. The samples shall be marked with the date, time, and load and placed in the refrigerator at the plant for analysis. The City ofOtsego and/or their authorized agent shall maintain a log of wastewater transport and disposal at the City of Monticello's Wastewater Treatment Plant. Samples will be tested if, in the sole discretion of the wastewater treatment plant chief operator, a problem with the operation of the plant and/or a danger to public health and safety are discovered which could be related to the raw domestic wastewater from the City ofOtsego. Any testing required to determine to toxicity or strength of the samples shall be paid by the City of Otsego within thirty (30) days of receipt of invoice. 4. The raw domestic wastewater shall be delivered to the City of Monticello' s Wastewater Treatment plant between the hours of7 a.m. through 3:30 p.m., Monday through Friday. Trucks hauling raw domestic wastewater shall not exceed nine (9) tons per axle upon Hart Boulevard or the entry point to the wastewater treatment plant during spring road restrictions. . 5. The City ofOtsego agrees to pay the City of Monticello an agreed minimum rate of$30.00 for the C:"'Ol<NSlWOROPRCIC'OTSEGOVIoW.AGR: 3/1!\12000 . PAGE 1 . 58 . first 3,740 gallons per month; then $6.94 for each additional 1,000 gallons per month or portion thereof(rate subject to increase). The City of Monticello shall invoice the City ofOtsego monthly. All invoices shall be paid within thirty (30) days of receipt. The City ofOtsego shall be responsible for any additional costs incurred by the City of Monticello attributable to the City ofOtsego's raw domestic wastewater including, but not limited to, special treatment or disposal outside of normal working hours. Upon execution of this Agreement, the City ofOtsego agrees to pay the City of Monticello a deposit of Five Hundred Dollars ($500.00), which shall be applied to the last month's billing. 6. So long as this Agreement is in effect, the City ofOtsego shall provide the City of Monticello with evidence of insurance in an amount not less than $1,000,000, naming the City of Monticello as an additional insured, against loss or damage to the City of Monticello's Wastewater Treatment Plant arising out of the activities ofthe City ofOtsego hereunder. All agents, employees, or representatives of the City of Otsego involved in the vehicular transfer of the raw domestic wastewater shall maintain automobile insurance against property damage or personal injury in an amount not less than $1,000,000. 7. The City of Monticello reserves the right to terminate this Agreement upon ten (10) days written notice upon the occurrence of any of the following events: a. The City of Otsego fails to pay any amounts due under the terms of this Agreement within thirty (30) days of receipt. . b. The City of Otsego fails to comply with the terms and conditions of this Agreement in any material respect. C. If the City of Monticello determines, in its sole discretion, that the City's Wastewater Treatment Plant lacks capacity to accept raw domestic wastewater from any source outside of the city. D. Notwithstanding the provisions of this paragraph, the City of Monticello reserves the right to terminate this Agreement upon 24 hours oral or written notice if, in the opinion of the chief operator, the raw domestic wastewater from the City of Otsego presents an imminent threat to the operation of the plant or the health and/or safety of the citizens of the city. 8. Unless earlier terminated as provided above, this Agreement shall terminate on December 31, 2000. The Agreement can be extended in six (6) month increments by mutual agreement between the parties in writing at least thirty (30) days prior to the date of termination. IN WITNESS WHEREOF the parties have set their hands the day and year first above written. CITY OF MONTICELLO CITY OF OTSEGO . By: By: Its: Its: - PAGE 2 - C:\J()tflSIWORDPROCIOTSEGOWI'I,AGR: 3115l2(lO(l S8 Council Agenda - 3/2712000 . sc. Consideration of one year extension to garbaee contract with Suoerior Services. (J.S.) A. REFERENCE AND BACKGROUND: The city of Monticello's current garbage contract with Superior Services for pick up and hauling of our garbage expires the 31 st of this month. We have been reluctant to negotiate a new contract with Superior or look at other alternatives due to the current court case pending with Kjellberg's, Inc. The outcome of that court case could have an impact on the structure of our garbage contract. We have, therefore, requested that Superior Services consider a one year extension to our existing contract at the current rates, with the condition that we be able to renegotiate the contract any time within that one year period should the city need to change the structure of the contract due to the outcome of the Kjellberg's court case. H- I. . 2. C. ALTERNATIVE ACTIONS: The first alternative is to authorize a one-year contract extension with Superior Services for pick up and hauling of garbage in the city of Monticello. The second alternative would be not to approve a one year extension. ST AFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that the City Council authorize a one year extension with Superior Services as outlined in alternative #1. D. SUPPORTING I>A T A: Copy of letter from Superior Services agreeing to the contract extension. . . March 17,2000 Superior Services ~ Central Minnesota 2355 12th Street S.E. St. Cloud, MN 56304-9791 320-251-8919 Fax 320-251-7113 VIA FACSIMILE AND U.S. MAIL Mr. John E. Simola Public Works Director City of .\'!vlJ.'ticdlo 250 E. Broadway, P.O. Box 1147 Monticello, MN 55362-9245 Dear Mr. Simola: . I am writing in response to your letter dated March 6, 2000, wherein you requested that the Refuse Removal Contract between the City of Monticello and Superior Services be extended for a period of one year. Superior Services would be in agreement with a one- year extension. I would further propose that this extension would be at the rates set forth in our current agreement. If you have any questions or comments concerning this matter, please feel free to contact me at your convenience. Sincerely, ~~ Charles J. Robb IV General Manager . PROVIDING "SUPERIOR" WASTE SERVICES 5C . . . 5D. Council Agenda - 3/27/2000 Consideration ofChan2e Orders No.3 and No.4 for Citv Project #98-17C CSAH 75 Reconstruction. (1.S.) A. REFERENCE AND BACKGROUND: Before you this evening is a request from the City Engineer to approve two change orders for the CR 75 improvement project. Change Order No.3 involves additional earth work for the removal and replacement of unsuitable materials under the roadway. The cost of this change order is $61,994.68, and is to be paid for by the county. Change Order No.4 involves three misccllaneous itcms on thc project; one a culvert underneath the bike path near Bondhus, another some earth work for a pathway to the SBR' s, and third the removal of a fence in front of the wastewater treatment plant for grading purposes. The total cost of this change order is $ 1,765.17, of which $129.66 will be paid by state aid for storm sewer, and $ I ,635.51 is city cost. The value of both change orders is $63,759.85, and if approved would bring the total contract price with all approved change orders to $1,95 1,486.32. B. AL TERNA TIVE ACTIONS: 1. The first alternative is to approve Change Orders No.3 and No.4 in the amount of $63,759.85. 2. The second alternative is not approve Change Orders No.3 and No.4. C. STAFF RECOMMENDATION: It is the recommendation ofthe Public Works Director, City Engineer and the Wright County Highway Engineer that the City Council approve Change Orders No.3 and No.4 as outlined in alternative # 1. D. SUPPORTING DATA: Copy of Change Orders No.3 and No.4. ~ ~ . ... '" " . .. ....... CHANGEORDERNO.3 CSAH 75, S.A.P. 86-675-12 Monticello, Minnesota City Project No. 98-17C WSB Project No. 1109.10 . Owner: City of Monticello Date of Issuance: 12/22/99 Contractor: RL Larson Excavating, Inc. Engineer: WSB & Associates, Inc. You are directed to make the following changes in the Contract Documents description: Excavate unsuitable soils as common excavation and place granular borrow. See attached schedule of changes for quantities and costs Attachments: SEE ATTACHED o i inal Contract Price: $1,856,518.88 Original Contract Time: 11/15/1999 & 6/1/2000 Previous Change Orders No. .---!-to No. -1- $31,207.59 Net Change from Previous Change Orders: None Contract Price Prior to This Change Order: $1,887,726.47 Contract Time Prior to This Change Order: None Net Increase of This Change Order: $61,994.68 Net Increase of Change Order: None Contract Price With All Approved Change Orders: $1,949,721.15 Contract Time With Approved Change NIA Orders: Reco~ ~ Mich J. Nielson, P.E. APproved~...:~ ___ /. WSB & Associates, Inc. Engineer RL Larson Excavating, Inc. Contractor Approved By: Approved By: Date of City Council Action: Approved By: District Sate Aid Engineer IIWSlJSC-OOJIPRO.ll-:CTSl//09./ JlI'AY ES77MATESICHANGE URDUI NO, J.DOC so . Change Order No.3 City of Monticello CSAH 75 SAP. 86-675.12 City Project No. 98-17C Pepared by: MJN Date: 11/15/1999 Additional quantities for common excavation due to unexpected soil conditions Additional work done under Force Account .~....-----'~ $28.31 " $45.86 $389.83 $28.61 \ $46.35 $92.70 $28.31\ $45.86 $252.24 ___ $27.05\ ..~ $43.82 _~ ~82~3 _~~ $38.07 _ _ $76.~ $11.50', $18.63 $204.93 $1,497.87 23-Sep-99 Caterpillar 631 Scraper Caterpillar Model 12 Motor Grade Caterpillar Model 966 Loader ~aterpillar ~235_~ckho~__ Dynamic Model CA 25 Compacta Tandem Axle Dump Truck 8.5 2 5.5 11 -,.----------'"~. 2 11 $145.91 $38.33 $48.86 $102.00 -~ $27.06 ~-- $26.50 Sub-Total = $1,240.24 $76.66 $268.73 ~.OO $54.12 $291.50 $3,053.25 256 212 241 203 291 307 . Caterpillar L3 50 Backhoe 6.5 $129.23 $840.00 203 $27.05T $43.82 $284.84 Caterpillar~~~~.~~_- 6.5 $145.91 $948.42 256 -$28.31\ $45.86 $298.10 f--------- $28.311 -- Caterpillar 631 Scraper 6.5 $145.91 $948.42 256 $45.86 $298.10 f----. . -- I------- .- (--- $25.39f $41.13 Laborer 6.5 $0.00 101 $267.36 ----------.- J.----.- -- -- ----..---.:~ Flag Person 6.5 $0.00 104 $21.44 \ $34.73 $225.76 9-0ct-99 Sub-Total = $2.736.83 Total Cost = $5,790.07 $1.374.17 $2.872.03 Total Cost =[ $8,662.1~ . Pg_ 1 of 2 SD . Extra Cut of Subgrade Westbound Lanes In front of Car Lot 200 22 1.4 228 979+00.980+15 120 15 2 133 970+62-974+00 338 25 2 626 960+50-969+00 850 46 2 2896 956+00-960+50 450 55 1 917 952+50-956+00 350 40 0.5 259 Hart 702+00-703+50 20 150 2 222 Additional Common Excavation 0:: 5282 Extra Cut of Subgrade Eastbound Lanes 959+00 50 22.5 -0.16 959+50 50 22 2.98 58.1 960+00 50 22 3.5 132.0 960+50 50 20.5 4.49 157.2 961+00 50 19.25 10.1 268.5 961+50 50 18.25 10.16 351.7 962+00 50 23.5 1.74 230.0 962+50 50 24 1.57 72.8 963+00 50 22.5 1.2 59.6 . 962+00 967+50 550 28 3 1711.1 Additional Common Excavation '" 3041.1 Total Additional Excavation '" 8,322.9 Force Account "" Common Excavation "" Granular Borrow"" Total Cost Change Order No.3 = Cost ....... Summary $8,662.10 $35,788.58 $17.544.00 $61,994.68 . Pg.2of2 SC) . CHANGEORDERNO. 4 CSAH 75, S.A.P. 86-675-12 Monticello, Minnesota City Project No. 98~17C WSB Project No. 1109.10 Owner: City of Monticello Date of Issuance: 12/27/99 Contractor: RL Larson Excavating, Inc. Engineer: WSB & Associates, Inc. You are directed to make the following changes in the Contract Documents description: Excavate unsuitable soils as common excavation and place granular borrow. See attached schedule of changes for quantities and costs Attachments: SEE ATTACHED i inal Contract Price: $1,856,518.88 Original Contract Time: 11/15/1999 & 6/1/2000 Previous Change Orders No. ----L to No. ~ $93,202.27 Net Change from Previous Change Orders: None Contract Price Prior to This Change Order: $1,949,721.15 Contract Time Prior to This Change Order: None Net Increase of This Change Order: $1,765.17 Net Increase of Change Order: None Contract Price With All Approved Change Orders: $1,951,486.32 Contract Time With Approved Change NIA Orders: Recommende~ By: ~ ~Nielson. PE. APprove~..Y: /1'z..- /' WSB & Associates, Inc. Engineer RL Larson Excavating, Inc. Contractor Approved By: Approved By: Date of City Council Action: Approved By: District Sate Aid Engineer l\wsnSC-IJIJJ\/'1I0.l1ii7S1J /W//IPAY /.;Sl1MA7KI.\CHANW; OIlDFJI. NO_ U)()C so Change Order No.4 City of Monticello CSAH 75 SAP. 86-675-12 City Project No. 98-17C Pepared by: MJN Date: 12/13/1999 Description Culvert Installation under bike path near Bondhus 1 I Total Cost = Description Driveway for the Treatment Plant 627 Scraper D9 Dozer Model 12 Grader CA 25 Compactor $ 120.92 $ $ 101.66 $ $ 38.80 $ $ 27.06 $ 28.3 1 $ 26.50 $ 28.61 $ 23.50 $ 45.86 42.93 46.35 38.07 2 1 0.5 0.5 Total Cost = $333.56 $144.59 $42.57 $32.57 $553.29 . Description Remove fence in front of Treatment Plant . Pg. 1 of 2 so . Total Cost = Total Amount of Change Order No.4 = . . Pg, 2 of 2 $1,765.17 County State Aid City Cost Storm Cost $129.66 $553.29 $1,082.21 $0.00 $129.66 $1,635.51 SD .' . . Council Agenda - 3/27/00 5E. Consideration of approving a tcmporarv on-sale liquor license for Ducks Unlimited Banquet and Riverfcst. Applicant: Monticello Lions Club. (RW) A. REFERENCE AND BACKGROUND: The Monticello Lions Club will be providing the concession services for the Ducks Unlimited Banquet scheduled for May 8, 2000 at the Monticello Roller Rink and will also be serving concessions for the Riverfest Celebration scheduled for July 8th and 9\\ 2000. The permit would also be used for the Riverfest dance to be held at the fire hall Saturday night, July 8\h. In previous years, the Council has issued a one-day temporary on-sale liquor license for both events that allowed the Lions Club to sell strong beer and wine coolers at these events and also approved a set-up license for the Ducks Unlimited Banquet. Prior to 1996, the Lions Club had only been issued a non-intoxicating beer license, but State statutes now allow cities to issue temporary one-day liquor licenses. The fees for the licenses are the same as last year. B. ALTERNATIVE ACTIONS: 1. Council could approve the issuance of a temporary on-sale liquor license to the Monticello Lions Club for the Ducks Unlimited Banquet scheduled for May 8th and for the Riverfest Celebration scheduled for July 8th and 9th. In addition, the approval will allow a set-up license for the Ducks Unlimited Banquet. 2. Deny the license request. C. STAFF RECOMMENDATION: The City Administrator recommends approval of the license as outlined. D. SUPPORTING DATA: Copy of application Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite 100L St. Paul, MN 55101.2156 (612)296-6439 TDD (612)282-6555 (I APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER }/to NT I t...t L L eLl 0,\/5 C L VB 0 c., , I 97 S" STREET ADDRESS C TY STATE "P..O. BO.x <013 ~tV1'ICe..l..t...f:) f'IIINJ{ N~ OF PERSON MAKING APPLICATION BUSINESS eflONE 11. 7\"e>G.c'R. !:.LSAAS '~"2-~S -3ttG."'T DATES ~~UOR WILL BE ~O~D (1 to 4 da~s~+I , TYPE OF ORGANIZATION aT- ~o juL S"T 00 J-Ul. q 00 CLUB 0 CHARITABLE 0 RELIGIOUS o OTHER NONPROFIT ORGANlZA TION OFFICER'S NAME ADDRE~ .TO"'IV EAR~C>N 115'2-9GA!I)tf;R.q.fAV )lJoN17c..~J,..l..O MAl, 5"5'3"~ ORGANIZATION OFFICER'S NAME ADDRESS 14 ~ K. 'A n..N e. LL 8(,05 -AIJ..TDJJ;Ii V tV W jJlJ~ .fAL.O /'fiN 5':;3/3 ORGANIZATION OFFICER'S NAME ADDRESS ~6E'R ELSAAS 130x 107/0 MCfV7/C€u..o JVW. ~S3" "t..-- Location were icense wi! e used. If an out oor area, descri e I. MoN rIce Lto 1?o1.1;,.€/{1?/Nl<-'jA.;C I<S UN/..IAI)rr~1)13Ari((l/G"- y 8-00 Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service. NO yes $SO/oc!>D/$I(/"t7/~ Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage:' ' (NOTE: Insurance is not mandatory) CoR'Po'RArE. A- /AJJ()Q...AII/C€: APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITfING TO LIQUOR CONTROL CITY/COUNTy----4 DNllG6 LLO DATE APPROVED CITY FEE AMOUNT ~ ~ 0 ~ LICENSE DATES DATE FEE PAID 3/ ;;;;Jd..-/ 00 , # SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR OTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City or County at least 30 days before the event. PS-09079(8/95) 5~ .<-S~~~"" fl':...~' ." ~('Itl;t:..!'~i..\.(i,.'~..~\ (':~., ..."t'...~ "'~. ~,.- '''::'_ ~ . ~J ~~C · "'~~:;_~~ \ ~ ';:~.,- ....,C}~>;.i $ijol.......-.,. ~~~~'..r..[~J~! \\,..-'.'-' Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite 100L St. Paul, MN 55101-2156 (612)296-6439 TDD (612)282-6555 ~ ~- APPLICATION AND PERMIT FOR A 1 DAY TEMPORARY CONSUMPTION & DISPLAY PERMIT (City or county may not issue more than 10 permits in anyone year) TYPE OR PRINT INFORMATION NAME OF ORGANIZATION M6^,-TIC.~LL6 LION~ C'-U STREET ADDRESS "P.. 0 " "B 0>' <.. ( "3 NAME OF PERSON MAKING APPLICATION ,9?o (; 6.1< ~ C L .5 A oS DATE SET UPS WilL BE SOLD M.t:l 8 TH "2..000 0 ORGANIZATION OFFICER'S NAME JoHN ~EA'RSON ORGANIZATION OFFICER'S NAME MA'R~ <pARNELL ORGANIZATION OFFICER'S NAME 7<"0 Go e: 'R. ~cl.sAA5 Location where permit w' be used. If an ou DATE ORGANIZED Oc..T'\ ..,t:; CITY MeN'-' c..E: L L (;) BUSINESS PHONE t~ '2.. C) 5"- 3 9~ TYPE OF ORGANIZA nON CLUB 0 CHARITABLE 0 RELIGIOUS 0 OTHER NONPROFIT ADDRESS 115"1 q CAt'1E:.'R ON AlJb /VJ()/'fT(CfELLO ,A~N.5~3.L,: ADDRESS J JW 8'05~A~f/N Av IV 13l1F~ALP MAl 5'5'3/3 ADDRESS 130)( /0-," M~"'7/c..c.u..O It'/N' 5:5'31..."1....-- oor area, describe T AX EXEMPT NUMBER ZIP CODE APPROVAL APPliCATION MUST BE APPROVED BY CITY OR coUNTY BEFORE SUBMITTING TO liQUOR CONTROL CITY/COUNTY Moru1"'1 e-EL-I..-Q $ 1 C 00 CITY FEE AMOUNT 01. .:> (Not to exceed $25) DATE APPROVED PERMIT DATE DATE FEE PAID ?>-( J- d--/O 0 IGNA TURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR . ~. NOTE: Do not separate these two parts. send both parts to the address above and the original signed by this division will be returned as the permit. Submit to the City or County at least 30 days before the event. PS-09098(8/95) 5E . . . Council Agenda - 3/27/00 5F. Consideration of accelltin2 petition and authorizin2 preparation of plans and specification for construction of road/drive aisle improvements and storm sewer serving the Methodist Church site. (10) A. REFERENCE AND BACKGROUND: The Methodist Church request that the road/drive aisle improvements and the storm sewer serving the site be constructed as a public improvement project with the costs assessed against the property. The drive aisle and associated storm sewer is actually located on city road easement. The drive aisle/road serving the site leads to the water tank at the top of the hill. Originally it was thought that the Methodist Church would make the road and storm improvements as part of their project, however as the project proceeded it became evident that the best method for constructing and financing this portion of the project would be via a city project. It is expected that the cost of these improvements will be less than $25,000 which means that quotes alone may be sufficient and a formal bidding process may not required. The actual petition is not available at this time. The petition to be submitted at the council meeting will include the estimated assessment for the proposed improvements. Under the plan for financing the improvements, the Church will be paying the full cost of the roadway and the full cost of the storm sewer for a system of sufficient size to serve the Church site. The City will be paying the costs associated with oversizing the system to serve the larger hill area. The cost of the oversizing is estimated at $7,500. As additional information, as you recall, the city has already authorized construction of the water main serving the site as a city project. The water main project is separate from the road and storm sewer project. B. ALTERNATIVE ACTION: 1. Motion to accept petition and authorize preparation of plans and specifications for construction of road/drive aisle improvement and storm sewer serving the Methodist Church site. 2. Motion to deny acceptance of petition and authorize preparation of plans and specifications for construction of road/drive aisle improvement and storm sewer serving the Methodist Church site. C. STAFF RECOMMENDATION: Staff recommends alternative 1. D. SUPPORTING DATA: Petition to be provided immediately prior to consent agenda approval. ... . EXHIBIT H PETITION FOR PUBLIC IMPROVEMENTS Petition made this 27m day of March, 2000, by community United Methodist Church ("Petitioner"), owner of the property described in Exhibit A attached hereto ("the Property"), to the City Council of the City of Monticello ("the City"). WHEREAS, Petitioner wishes to have certain public improvements ("the Improvements"), made to serve the Property; and WHEREAS, Petitioner acknowledges that the Improvements will benefit the Property in at least the amount of the assessment contemplated by this Petition; NOW, THEREFORE, in consideration of the mntual promises hereafter contained, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: I. Petitioner does hereby petition the City to install the following Improvements to serve the Property, to-wit: a. Storm Sewer b. Roadway and Curb/Gutter 2. Petitioner hereby waives its right to notice and pnblic hearing to be held on the Improvements pursnant to Minn. Stat. 9429.031 and 9429.061, and consent to the constrnction of the Improvements and assessment of the costs of the public improvements against the Property in accordance with City special assessment policies as currently in effect. 3. Petitioner acknowledges that its share of the total estimated cost of the public improvements, which the City shall assess against the Property is $17,200 for roadway and curb/ gutter, and $20,500 for storm sewer for a total estimated cost of $37,700. Petitioner nnderstands that this is an estimate only as determined by the City's engineer and the actual figure may be higher or lower, depending on varions factors. Upon completion of construction, the City's engineer shall determine the Petitioner's share of the Improvements attributable to the Property. Petitioner agrees that the City may assess such amount against that Property as provided herein, and further agree that the amount of the assessments under this agreement is equal to or less than the benefit to the Property. petitioner acknowledges that the total amount of the costs of the Pnblic Improvement, which are the responsibility of the Petitioner as provided in this agreement, shall be levied as a special assessment against the Property. . . . . 4. Petitioner hereby waives all rights of appeal that it has by virtue of Minn. Stat. 9429.081, or otherwise, to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessment, the benefit to the Property or lack thereof by virtue of the Improvements, or any other defense available to Petitioner, either at law or equity, to the assessment of the Property as contemplated. 5. Nothing contained herein shall prevent the City from assessing the Property for public improvements other than those specifically described within this Petition, all as provided by law. 6. If Petitioner is other than a natural person, it shall provide the City with a certified copy of a resolution adopted by its board of directors or governing body authorizing the Petitioner to enter into this Agreement. IN WITNESS WHEREOF, the Petitioner has hereunto set their hands the day and year first above written. And By: Its: . . . City Council Agenda - March 27, 2000 7. Public Hearin _ Consideration to ado t Cit of Monticello Revolvin Loan Fund Policy for the Community Development Block Grant. (O.K.) A. Reference and Backi!round: The City Council is asked to hold a public hearing relative to the adoption of criteria for a revolving loan fund. These policies are established specifically for the Community Development Block Grant (CDBG) awarded to the City of Monticello. These policies are independent from the Business Subsidy Criteria adopted by the City in September 13, 1999. An independent account will be established by the City for the CDBG dollars and the principal and interest loan repayments will also be accounted for in an independent account. This is an independent account from the revolving loan account of the EDA. Accountability of these funds by the City is forever and future revolving loan fund recipients are subject to the Federal criteria or regulations which are stricter than State regulations. The good side is the City of Monticello retains the full $500,000 principal and interest of the loan repayments. Previously, Carol Pressley-Olson, Department of Trade and Economic Development (DTED), met with Rick Wolfsteller, Cathy Shuman, and Koropchak relative to the accountability requirements by the City. The public hearing notice appeared in the Monticello Times on March 16 and 23, 2000, per the requirements. The attached policies which follow standard policy criteria were prepared by Dan Greensweig, Kennedy & Graven. A copy of the prepared policies were submitted to the DTED for review. The City's revolving loan fund policies for this CDBG are associated with the proposed machinery and equipment loan to the Twin City Die Castings Company. Please open and close the public hearing prior to consideration to adopt the policies. B. Alternative Action: 1. A motion to adopt City of Monticello Revolving Loan Fund Policy for the Community Development Block Grant. 2. A motion to deny City of Monticello Revolving Loan Fund Policy for the Community Development Block Grant. 3. A motion to table any action. 1 . City Council Agenda - March 27, 2000 c. Recommendation: The City Administrator and Economic Development Director recommend Alternative No. I, subject to none material changes. The "subject to" allows for minor changes by DTED and allows for the scheduled closing of the Industrial Revenue Bonds on March 30,2000, to proceed. D. Supportim! 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City of Monticello Community Development Block. Grant Economic Development Set Aside Program Revolving Loan Fund Policy (This Policy does not create or grant any rights in the Fund or any part thereof) The criteria set forth in this Policy are intended to provide guidelines for the City to evaluate applications for loans of funds from its Community Development Block Grant Economic Development Set Aside Program Revolving Loan Fund (Fund). The City recognizes that every project is unique and that there will be projectS that satisfy the criteria in this Policy but will not receive a loan from the Fund. At the same time, there may be projects that do not meet all of these criteria, but that may still receive a loan, to the extent permitted by state and federal guidelines. Thus, each application will be evaluated on its own merits. In all cases, however, applicants should consult all other City policies applicable to their projects, including but not limited to the City's tax increment policy, its business subsidy policy, and other similar policies, none of which are waived . or amended by this Policy. I. purpose The purpose of the Fund is to facilitate job creation and retention through business start-ups, expansions, and retentions. This will be accomplished by using the Fund to: A. create or retain permanent private sector jobs in order to create above average economic growth; B. stimulate or leverage private investment to ensure economic renewal and com petiti veness; C. increase the City's tax base; . DJG-1775<)8v2 MN 190-84 l . D. improve employment and economic opportunities and create a reasonable standard of living in the City; and E_ stimulate the growth of productivity through improved manufacturing or new technologies- n. EIi!!ible Expenditures The Fund will be used to provide assistance for infrastructure, loans, loan guarantees, interest buy- downs, and other forms of participation with private financing. The Fund will not be the source of more than one-half of the cost of any project. III. Eli!!ible Proiects The following criteria will be used to determine whether to make a loan from the Fund: A. whether the project will create or retain jobs; . B. whether the project will increase the tax base; C. whether the loan will induce the investment of private funds; D. whether the project can demonstrate excessive public infrastructure or improvement costs that are otherwise beyond the means of the City and the applicant; E. whether the project provides higher wage levels or adds value to existing workforce skills; F. whether the assistance is necessary to retain existing business or attract business from outside of Minnesota, provided that this criteria is not by itself sufficient to justify use of the Fund. IV. Eli!!ible Activities The Fund will be used only to make loans for: . A. acquisition of land; DJG-I77598v2 MN190-S4 2 \ . B. constrUction, reconstruction, and rehabilitation of commercial or industrial buildings; C. site improvements; D. utilities or infrastructure; E. machinery and equipment; F. workforce development including job training and placement; G. housing development tied to business needs; and H. microenterprises V. Inelicible Activities The Fund will not be used to provide loans for: A. operation or expansion of a casino; . B. for a project related to a building that has a professional sportS team as a principal tenant; C. general promotion of the community; D. professional sportS teamS; E. privately owned recreational facilities that serve a predominantly higher-income clientele; where the benefit to users clearly outweighs the benefit of jobs created or retained; F. acquisition of land for which a specific use has not been identified; G. assistance to a for-prallt business that is, or its owner is, the subject of unresolved findings of; or noncompliance related to prevlOuS Community Development Block Grant H. . assistance. -, 3 DJG.177598v2 MN190-84 . VI. Project Costs and Financial Reauirements The following underwriting criteria along with any other information deemed relevant by the City, will be used to determine whether to make a loan from the Fund: A. Breakdown of project costs will be analyzed, including all activities involved in the project; B. Letters of commitment from all funding sources; C To the extent practicable, federal funds will not be used to substantially reduce the amount of non-Federal financial support for the project. The applicant must review the sales, expenses, debt service and returns on equity investments of the project. The extent of this review will be appropriate for the size and complexity of the project and should use industry standards for similar projects, taking into account . factors such as risk and location. The review will also include whether or not the amount of equity participation is reasonable given general industry standards for rates of return on equity for similar projects with similar risks and given the financial capacity of the applicant to make additional financial investments. D. An evaluation of the project's market share, sales level, growth potential, projections of revenue, project expenses and debt service to determine if they are realistic and will meet the project's break-even point. E. An evaluation will also be made of the experience and capacity of the business owners to mange the business to achieve the projections. The applicant must identify those clements, if any, that pose the greatest risks contributing to the project's lack of financial fea..<;ibility. . "l DJG-I77598v2 MN 190-84 4 . . . F. An evaluation of the owner's return on investment, to ensure that the owner is receiving neither too large nor too small return on the applicant's investment. The amount, type and terms of the assistance from the Fund may be adjusted to allow the owner a reasonable return on hislher investment given industry rates of return for that investment, local conditions, and the risk of the project. G. Fund proceeds will be disbursed on a pro rata basis with other funding sources. These proceeds must not be placed at greater risk than non-federal funds. VII. Public Benefit The Fund will only be used if the project can demonstrate that at least one full-time equivalent, permanent job will be created for each $50,000 loanee to the project. VIII. National Obiective The project must meet at least one of two national objectives. These objectives are: benefit to low and moderate income oersons (LMO or prevention or elimination of slums or blight. Low and Moderate Income Job CreationlRetention The business to be assisted must commit to the creation and or retention of jobs, with 51 % of the jobS to be made available to or held by LMI persons. When jobs will be retained, the business must document that the jobS would be lost without assistance from the Fund and that one or both of the following apply to at least 51 % of the jobs: A. The job is held by a LMI person; or B. The job can reasonably be expected to turn over within the following 2 years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. 1 DJG.t77598v2 MN190-84 5 . A position is available to LMI persons if the following criteria applies to the position: A. The job does not require special skills that can only be acquired with substantial training, work experience or education beyond high school. B. The business agrees to hire unqualified persons and provide training; and C. The City and the assisted business take actions to ensure that LMI persons receive first consideration for filling such jobs. A job that is taken by an LMI person if hislher household income is within federal Section 8 income guidelines. SlumslBli1!ht An economic development project, such as commercial rehab, which aids in the prevention or elimination of slums or blight in a designated area may qualify under the Slum/Blight National . Objective. To qualify, the economic development activity must take place in an area that: 1) Has been designated by the City as meeting the definition of a slum, blighted, deteriorated or deteriorating area under state or local law; and 2) Has a substantial number of deteriorated or deteriorating buildings, or the public improvements are in a general state of deterioration. The assisted activity must address the conditions which contributed to the deterioration of the delineated area. The City will maintain documentation on the boundaries of the area and the condition which qualified the area when it was designated under state or local law. IX. Other Federal Reauirements The Fund will be managed in compliance with the following: . 1. FAIR HOUSING AND EQUAL ACCESS J DJG-I77598v2 MNI90-84 6 . . . a) Title VI of the Civil Ri hts Act of 1964 as Amended 42 U.S.C. 2000d et sea.) (24 CPR Part n b) The Fair Housin Act 42 U .S.C. 3601-3620 24 CFR Part 1Q(} 115 c) Executive Order 11063 as amended b Executive Order 12259) (24 CPR Part 107} d) A e Discrimination Act of 1975 As Amended 42 U.S.c. 6101 24 CFR Eart 146.1 e) Section 109 of Title I of the Housin 197A f) Americans with Disabilities Act 201,218 and 2251 g) Section 504 of the Rehabilitation Act of 1973 h) Architectural Barriers Act of 1968 942 U.S.c. 4151-4157 2. ~OUAL OPPORTUNITY a) CFR Dart 6Ql b) Section 3 of the Housing and Urban Development Act of 1968 c) Minorit /Women's Business Executive Orders 11625 12432 12138 24 CFR 85.36 (cl 3. LABOR REQUIREMENTS a) Davis Bacon and Related Act..'> 40 USC 278 A-7 b) Contract Work Hours and Safet Standards Act. as amended 40 USC 327- 133.1 I 7 DJG-1775'J8v2 MNI'J0-84 . . . "" c) Cooeland (Anti-Kickback) Act (40 USC 276c) d) Fair Housing Standards Act of 1938, As Amended (29 USC 201, et. seo.) 4. The procurement standards of 24 CFR 85.36 apply. 5. CONFLICT OF INTEREST For the procurement of property and services, the conflict of interest provisions at 24 CFR 85.36 and 24 CFR 84.42 apply. Pursuant to these provisions: A. No employee, officer, agent of the City or its subrecipient shall participate in the selection, award or administration of a contract supported by the Fund if a conflict of interest, either real or apparent, would be involved; B. No Fund that grantee or sub recipient employees, officers or agents may accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements; and c. Appropriate provisions for penalties, sanctions or other disciplinary actions for violations of standards will be as set forth in Minnesota and federal law and as incorporated into any agreement for the loan of Fund proceeds. 6. ENVIRONMENTAL REVIEW The city will undertake environmental review in accordance with the Environmental Manual before funds are committed. 7. FLOOD INSURANCE Section 202 of the Flood Disa<;ter Protection Act of 1973 (42 USC 4106) Fund proceeds will not be provided to an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special nood hazards unless: 1 DJG.177598v2 MNI'JQ.84 8 . . .. a) the City is participating in the National Aood Insurance Program, or it has been less than a year since the City was designated as having special flood hazards; and b) flood insurance is obtained. 8. DISPLACEMENT, RELOCATION, ACOUISmON AND REPLACEMENT OF HOUSING Projects involving acquisition, rehabilitation or demolition may be subject to the provisions of the Unifonn Relocation Act. X, STATE REQUIREMENTS 1. MINNESOTA INVESTMENT FUND a) Businesses receiving assistance from the Fund must pay each employee total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110% of the federal poverty level for a family of four, which as of July 1, 1999 was $8.83 per hour. The federal poverty level changes annually. b) Retail businesses will be eligible for assistance, only to the extent pennitted bylaw. 2. MUNICIPAL RIGHTS, POWERS, DUTIES (MS 471.87-471.88) An officer of the city may not have a personal financial interest or personally benefit financially from the business to be assisted. I D1G-177598v2 MN19Q.-84 9 . . . .--.... 3. FIRST SOURCE AGREEMENT (MS268.66) A business that receives grants or loans from the Fund in an amount greater than $200,000 must agree to list any vacant or new positions with the job services of the Department of Economic Security. 4. SURETY DEPOSITS REQUIRED FOR CONSTRUCTION CONTRACTS (MS 290.9705) When a contract exceeds $100,000 and a non-Minnesota construction contractor has been hired to perform the work, the grantee must do one of the following: a) deposit with the Department of Revenue, 8% of every payment made to the contractor; or b) have in its possession a Waiver of Withholding from the Department of Revenue. 5. GOVERNMENT DATA PRACTICES (MS 13) Information contained in the application for assistance from the Fund will become a matter of public record with the exception of those items protected under the Minnesota Government Data Practices Act. XI. Application Procedures Any person desiring to apply for a loan from the Fund should contact . After ensuring that all necessary information has been received and, if appropriate meeting with the applicant to discuss the project, the will forward the application materials to the City Council for its consideration and decision. DJG-I775<)8v2 MNI'JO-84 10 l . City Council Agenda - March 27, 2000 8. Consideration to approve Grant A!!reement #CDAP-99-0122-H-FYOO between the State of Minnesota and the City of Monticello. (O.K.) A. Reference and back!!round: Grant Agreement #CDAP-99-0122-H-FYOO between the State of Minnesota (the "grantor") and the City of Monticello (the "grantee") was prepared by the State of Minnesota and submitted to Attorney Dan Greensweig and the Twin City Die Castings Company. The agreement defines the mutual promises for the $500,000 Community Development Block Grant awarded to the City of Monticello. It further defines the proposed terms and conditions of the Twin City Die Castings Company project as per the grantee's application. The terms and condition of the Agreement are spelled out clearly in the attached agreement. Again, Wolfsteller, Shuman, and Koropchak met with the DTED representative for a review the City's obligations. B. l. . 2. 3. C. . Alternative Action: A motion to approve Grant Agreement #CDAP-99-0122-H-FYOO between the State of Minnesota and the City of Monticello. A motion to deny approval of Grant Agreement #CDAP-99-0122-H-FYOO. A motion to table any action. Recommendation: The City Administrator and Economic Development Director recommend Alternative No. 1. Although the State has the right to cancel the Grant at any time, staff foresees the Twin City Die Castings Company as a stable, long-term established company and the project to be an asset to the City of Monticello. D. Supportin~ Data: Grant Agreement for approval and copy of information sheet. 1 .-. . . STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Grant Agreement #CDAP-99-0122-H-FYOO AGENCY VENDOR NUMBER OBJECT CODE TOTAL AMOUNT B221 00 019891000-00 $500,000 ACCOUNT DISTRIBUTION BFY FUND ORG APPR REPT AMT 96 300 1410 CE6 $50,528.69 BFY FUND ORG APPR REPT AMT 97 300 1410 CE7 $449,471.31 BFY FUND ORG APPR REPT AMT $ This Agreement is made on January 5, 2000, between the State of Minnesota, acting through the Department of Trade and Economic Development (hereinafter the Grantor), and the City of Monticello (hereinafter the Grantee}City Hall, 505 Walnut Street, Monticello, MN 55362. e RECITALS The Grantor has been allocated funds by the United States Department of Housing and Urban Development under the Community Development Block Grant Program. The Grantor has been authorized by the Minnesota Legislature to administer funds pursuant to Minnesota Statute 116JA01(2). The Grantee has made application to the Grantor for a portion of the allocation for the purpose of conducting the project entitled "Twin City Die Castings Company" in the manner described in Grantee's Application, #CDAP-99-0122-H-FYOO (herein the Application) which is incorporated into this agreement by reference. "' The recitals are an integral part of this Grant Agreement. In consideration of mutual promises set forth below, the parties agree as follows: . The Grantor shall grant to the Grantee the total sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) which shall be federal funds appropriated to the State of Minnesota under the Community Development Block Grant Program. The Grantee shall perform the activities that are proposed in the Application and are further specified under Special Conditions during the period from January 5, 2000 through June 30, 2002 in accordance with all applicable provisions of Title 1 of the Housing Community Development Act of 1974, as amended, its implementing regulations particularly Federal statutes identified in Title 24 of the Code of Federal Regulations, Part 570, "Implementation Manual" provided by Grantor and all other applicable State and Federal laws. ~ . Notice for Contract and Subcontract. Grantee shall include in any contract or subcontract, in addition to the provisions to define a sound and complete agreement, such provisions as to assure contractor or subcontractor compliance with applicable state and federal laws. Antitrust. The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. Termination and Cancellation Clause. This Grant may be canceled by the Grantor at any time, upon thirty (30) days written notice to the Grantee. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. If the Grantor finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled, the Grantor may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Amendments. Any amendment to this Agreement shall be in writing, and shall be executed by either the same persons who executed the original agreement, their successor in office, or by those persons authorized by the Grantee through a formal resolution of its governing body. . Government Data Practices. The Grantee shall comply with the Minnesota Government Data Practices Act, Chapter 13 and the Conflict of Interest provisions of Minnesota Statutes, Sections 471.87-471.88. Successors and Assianees. This Agreement shall be binding upon any successors or assignees of the parties. Authorized Aaent. The State's authorized agent and contact person responsible for administration of this Agreement is Carol Pressley-Olson (or successor) of the Department of Trade and Economic Development. Excessive Force. The Grantee must adopt and enforce a policy to prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-viol,ent civil rights demonstrations (P.L. 101-144). Lobbvina Conaress. The Grantee must not use federal funds to pay any person for influencing or attempting to influence an officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or any employee of a member of Congress in connection with the awarding of any federal contract, the making of a federal grant, the making of a federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If the Grantee uses non-federal funds to conduct any of the aforementioned activities, the Grantee must complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying." Further the Grantee must include the language of this provision in all contracts and subcontracts and all contractors and subcontractors must comply accordingly. . ~ 'l . . ~ ... Druo Free Worko/ace. The Grantee must provide a drug-free workplace by notifying employees that unlawful manufacture, distribution, dispensation, POssession or use of a controlled substance is prohibited in the Grantee's workplace and specifying actions that will be taken against employees for violation of such Prohibition. The Grantee must also establish a drug-free workplace awareness program to Inform employees about the dangers of drug abuse, the availabilijy of drug Counseling and penalties for violations of the drug-free Workplace pOlicy. liabil~ Grantee agrees to indemnify and save and hold Grantor, its agents and employees harmless from any and all claims or causes of action arising from the performance of the Grant by Grantee or Grantee's agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for the Grantor's failure to fulfill its obligations pursuant to this Agreement. ~ ~ . . . FOR: Grant Number: #CDAP-99-0122-H-FYOO Project Title: Twin City Die Castings Company SPECIAL CONDITIONS 1. All recipients of funds must report progress and expenditures under standard activity categories, using the appropriate activity number. The applicable activity categories and their numbers are: 14. Economic Development Assistance to For-Profit Entities 2. Funds will not be released until the following is submitted to the Grantor and approved: a) Community Fair Housing/Equal Opportunity Profile must be completed. b) Grantee's Revolving Loan Fund (RLF) policies and procedures must be completed. c) Closing documents on the Small Business Development loan. d) Closing documents on the Greater Monticello Enterprise loan. 3. The Grantee may not request funds from the Grantor for disbursement to Twin City Die Castings Company until the Grantee has received invoices for machinery and equipment costs. The Grantee must request funds from the Grantor based on a cost-sharing ratio of 9 percent grant funds to 91 percent other funds. 4. Grantee must secure from Twin City Die Castings Company the necessary documentation that all project funds have been used for the items and purposes stated in the Grant Application, prior to requesting grant closeout from the Grantor. 5. The leveraged funds described in the approved Application must be used for the same purposes and under the same terms, rates, and conditions, as specified in the approved application, unless prior written concurrence is received from the Grantor. 6. The Grantee shall enter into a Loan Agreement with Twin City Die Castings Company (hereafter "Borrower") for Five hundred thousand dollars ($500,000), to be used for the purposes, conditions and terms as stated in the approved Application, and may not be modified without prior written approval from the Grantor. The term of the loan will have a 10 year amo.rtization with a 7 year balloon payment and the interest rate will be 4% for the term of the loan. Collateral shall be in the form of a second lien position on machinery and equipment. A personal guarantee of the owners is required.. 7. Grantee's attorney must review Loan Agreements, promissory notes, security agreements, mortgages, guarantees or other documents, if any, considered necessary by the Grantee to secure the loan to ensure that they are valid, binding and enforceable. Special conditions 3, 4, 5, 10, 11, 12, 13, 14 and 15 included in this Agreement must be incorporated into the Loan Agreement. A copy of the Loan Agreement, promissory note, amortization schedule and evidence of security filings must be submitted to the Grantor for review prior to requesting funds. 8. Principal and interest payments from the loan to Twin City Die Castings Company must be used to establish and maintain a revolving loan fund. The Grantee must retain financial control and decision making authority regarding the use of the repayments from 2 D . . . the loan. The revolving loan fund pOlicies and procedures must be consistent with the Community Development Block Grant Program rules and regulations to further economic development in the community thereby creating or retaining permanent positions. Fifty- one percent of the positions created or retained must be held by or made available to low to moderate income persons as defined by the Section 8 Income Guidelines. 9. Grantee may retain payment of principal of $500,000 and all interest. The status of payments relative to the $500,000 loan should be reported on the progress reports. 10. The following statutory provisions apply if any of the equipment items financed in whole or in part with federal funds have installation costs which exceed $2,000: Davis-Bacon Act, . Contract Work Hours and Safety Standards Acts, Copeland Act (anti-kickback act), and Fair Labor Standards Act. The Grantee must request a wage decision from the Grantor prior to the purchase of equipment funded in whole or in part with CDBG funds. 11. The Grantee must provide evidence that at a minimum, 51 % of the permanent jobs created are filled by and/or made available to low and moderate-income persons. To meet this requirement, the Grantee must comply with the following: a) Once the jobs are filled, the Grantee must verify that the persons hired are of low and moderate-income households, as per Section 8 income guidelines; or b) The Grantee must verify that the jobs have been made available to persons of low and moderate-income by documenting that: - the skill level of the jobs available meets that of the general LMI population, - the education and exoerience required meets that of the LMI population (Le. the position requires no more than a high school degree), - that trainina orovided by the employer, if training is needed, will make the jobs available to the LMI population; - that advertisina. recruitment. and other outreach efforts are made to contact and involve the LMI population. If these four points are met and documented, it will be assumed by the Grantor that the jobs are available to the LMI population. 12. The Grantee must include job creation information in each progress report. This information must include: - permanent jobs created - job title per job -hourly wage -hourly value of benefits - date employee (s) hired - benefits 13. The Grantee must report on permanent job creation at the Monticello faCility until the 85 FTE jobs, 71 of which will pay a minimum wage of $8.50 hourly and 14 will pay a minimum of $12.00 per hour, exclusive of benefits, are created. If these jobs are not created by the Grantee's target date of June 30,2002, the Grantee will be required to return to the Grantor all or a proportional share of the grant funds provided for job creation. ~ D . . . .....' 14. Twin City Die Castings Company must list any vacant or new positions with the Commissioner of Economic Security or a local service unit operated by a county or counties operating under a joint powers agreement, one or more cities of the first class operating under a joint powers agreement, or a city of the first class. Twin City Die Castings Company must sign a First Source Employment Referral Agreement with the Department of Economic Security, Minnesota Statute 268.66 requires that a business receiving in excess of $200,000 from the State enter into a First Source Agreement. 15. Grantee must document that items purchased with grant funds are of reasonable cost, in accordance with the Common Rule "Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (24 CFR Part 85) and OMS Circular A-8?, Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally Recognized Indian Tribal Governments. z D . . . Grant Number: CDAP-99-0122-H-FYOO Project Title: Twin City Die Castings Company Notice to Grantee You are required by Minnesota Statutes, Section 270.66, to provide your Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in the payment of state obligations. Minnesota Tax 10: 7006839 Federal Employer 10: 41-6005385 The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. GRANTEE: I have read and I agree to all of the above provisions of this agreement. By Title Date By Title Date mon012600con. STATE OF MINNESOTA by and through the Department of Trade and Economic Development By Title Commissioner Date ENCUMBERED: Department of Trade and Economic Development By Date Encumbered [Individual signing certifies that funds have been encumbered as required by Minnesota Statute 16A.J fJ ~ J I :. I ~ OCT 29 '99 10: 19RM CITY OF MONTICELL01 P.2/2 lUtrarion 2 Grantee S ary Information Sheet Small CIties Developmeat Program Slate or Minnesota ....\~llt..o~ -.-~.. ~ o~ ---.~ 0.-11>,.._ :; Grantee: Granr Number, A1I'nIIlrees tI1ll$( eomplcrut'.ctions 1-6. GnntEe$,., Ok PlOjCC13 \l/iIl be adminiSb:rtd ill whole or in pall b)' ocher eratirie:s ltlllSt complerc section 7. 0 V l y"" ~.u- 1. P1COJECr D.lREcrOlt ~ AUlBOlUZED OnJCIAlJENV.JRONMENTAL Q.Jl1lFl'INC omCXR OLLIE KOROPCHAK ROGER BELSAAS "'- ECONOMIC DEVELOPMENT DIRECTOR CITY OF MONTICELLO Ac...., 250 EAST BROADWAY. "- MONTICELLO f1 ( 61)2 271-3208 o BOX 1147 55362 lIIe 295-4404 MAYOR Dk CITY OF MONTICELLO u ~ 250 EAST BROADWAY, POBOX 11~ !lIRa MCIUI MONTICELLO, MN 55362 S/,ale (612 295-4404 Pu: . Enter the name :urd address of Prnjccl D~t.". Jl Pmjea is not 11I1 employee af rho ghnll:c. but is an employee of a ilnplementin8 88mcy. pJe.aac c:orupJel& XCrJOD 1. . {: , ,.:L.:--' 3. FINANCIAL OFFICER RICK WOLFS TELLER &_1 Enrer !be 1JlIme and addmss of Ihe mdividl.lal d&!i~ u Il.uhorizcd official on the SraaIee'J Rc501utiot.l OrSpoASOBhlp.1his indi~doal will Ilso C%lfify comp~ ~rh c:nviromnet\ral14ws:wl ~guWions. 4. JlIIJ?;O OmCER , .- OLLIE lCOROPCHAK ECONOMIC DEVELOPMENT DIRECTOR CITY OF MONTICELLO ~ 250 EAST BROADWAY. POBOX ~" MONTICELLO ~ CITY ADMINISTRATOR CITY OF MONTICELLO ApIQ" 250 EAST BROADWAY, POBOX 1147 IlmlA40hll MONTICELLO MN 5536 ClQ' SlIIc Qlf CGIl< ( ""'-: Fo, okoro ch@uslink.net"-/ "'lId Enra the IWac lIl1d Idchss or the peI30n dc:.si.8aQlr;d II fHEO'CEO Oflicw. ...-,. Eater du:! name IDd addr!Js aftt)e FinlJ1CiaJ Officer. $. LARO. STANDARDS OmCER '>- 6. ENVIRONMENTAL COORDlNATOJt BRE'I' A. WEISS VICE PRESIDENT OLLIE KOROPCHAK ..... ECONOMIC DEVELOPMENT DIRECTOR 'J\de ~ POBOX 1147 MN 55362 271-3208 61~ 295-4404 ~ ch@uslink.net ....oq " 350 WESTWOOD LAKE OFFICE 8441 WAYZATA VD. MINNEAPOLIS MN 554~6 0512) 277-5790 612 541-1700 bweiss@wsben .com 1"'-- EQIft Dame and addltss of iDdiVldual d~nau:cllO toordinr.a.~ the En~Dmcn~ Iltvinr. EDler llle nWI! and addrc.s&. of the penon de.siln&tcd as Lab r StlDdltlh Officer. ~1Ia"'$1dc ~~/~~.~ bq)~T~C~T~ ..,..., ~NHH l~NOrlHN ~d 2M ....-.~Qn'*_~Do..-.- 9r:S1 6661-SG-1JO 0- . . . City Council Agenda - March 27, 2000 9. Public Hearine: - Consideration to approve the A2reement for Loan of Small Cities Development Proe:ram Funds between the City of Monticello and Twin City Die Castine:s Company. (O.K.) A. Reference and Backe:round: The City Council is asked to hold a public hearing relative the proposed business subsidy to be granted by the City to Twin City Die Castings Company (TCDC) through the assistance ofa low interest loan. Since the business subsidy exceeds $100,000, the City is required under Minnesota Statutes, Sections 1161. 993 to 1161. 994, to hold a public hearing. The public hearing notice appeared in the Monticello Times on March 16 and 23, 2000. Secondly, the Council is asked to consider approval of the terms and conditions of the low interest loan as defined in the Agreement for Loan of Small Cities Development Program Funds between the City and TCDC. The Agreement was prepared by Dan Greensweig, Kennedy & Graven, and submitted to the DTED and TCDC for review. Within the Agreement, the City will loan $500,000 to TCDC at a fixed interest rate of 4% for seven years commencing as ofthe initial disbursement date. Loan dollars will be disbursed to TCDC after the City has received invoices for equipment purchased by TCDC and the City has submitted a request for dollars to the State in an amount equal to 9% of the invoice(s). The total investment of machinery and equipment by TCDC is $8.4 million for Phase I and II through June 30, 2002. The loan repayment schedule shall be amortized over 10 years with the entire remaining unpaid balance of principal and interest due and payable in the 84th month. The monthly principal and interest payments are due the first day of the first month immediately following the initial disbursement date. The loan is for machinery and equipment and will share a second position with the $100,000 GMEF and behind the Industrial Revenue Bond. Please note ARTICLE 7 as it relates to the Business Subsidy Agreement and the obligations and reporting associated with the creation of the 85 new permanent jobs. Please open and close the public hearing prior to consideration to approve the Loan Agreement between the City and TCDC. 1 . City Council Agenda ~ March 27, 2000 B. Alternative Action: 1. A motion to approve the Agreement for Loan of Small Cities Development Program Funds between the City of Monticello and Twin City Die Castings Company. 2. A motion to deny approval of the Agreement for Loan of Small Cities Development Program Funds between the City of Monticello and Twin City Die Castings Company. 3. A motion to table any action. c. Recommendation: The City Administrator and Economic Development Director recommend Alternative No. 1, subject to none material changes to the Agreement. The "subject to" allows for minor changes by the DTED or TCDC and allows for the scheduled closing of the Industrial Revenue Bonds on March 30, 2000, to proceed. D. Supportin2 Data: . Copy ofthe Loan Agreement, public hearing notice, and list of equipment for funding. . 2 PUBLIC NOTICE ,,!OTICE IS HEREBY GIVEN that the Silver Creek Township Supervisor will be holding a 2000 reorganimtion meeting, March 21 2000 6:45 p m at the Silver Creek Town Hall. ' , . . -Laura Hayes, Town Clerk (March 16, 2000) aft Courser Radial LT Road Hazard Warranty ~ign lWL 11 er pin Balance - -. -... ree Computer spin balance Freel 'ith the purchase of four tires '.' . es. Most cars and light !.lcks. Reg. price $32. Offer ,od with coupon only. .' . I ~r~ ~WQ.. _ _ _ _ _ _ - - - - - .". -- Ire-;;lIne 1280 Cedar Street ~y. 25 South · Monticello _ ~63-295-3020 www.royaltire.com \i ~ . NOTICE OF PUBLIC HEARING CITY OF MONTICELLO, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Monticello, Minnesota, will hold a public hearing on Monday, March 27, 2000, at 7 p.m. in the Council Chambers, 505 Walnut Street, Monticello, Minnesota, regarding a proposed business subsidy to be granted by the City of Monticello to Twin City Die Castings Company (the "Recipient") under Minnesota Statutes, Sections 116J.993 to 116J.994. The proposed subsidy involves a low interest loan assistance to finance machinery and equipment as part of the development of a manufacturing facility by the Recipient In the City. Information about the proposed business subsidy and a copy of the draft business subsidy agreement are available for inspection at City Hall during regular business hours. _ All interested persons may appear and be ~eard orally and in writing. -Rick Wolfsteller, City Administrator (March 16, 23, 2000) TRY THE . 2X2 DISPLAY AD NETWORK! 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Cong Jessica Stanir Perkins The Stud sponsored by tI Partnership to pr achievements b' Employers nomin punctuality, a posii work habits whih eligible for this aw The Sci community organ business commu prepare students , If you WOl student worker, C: t C\ OCT.-26'99(TUEl14:16 ~ .~ " . . TWIN CITY DIE CASTINGS TEL:651 644 5280 PHASE 1 MAGNESIUM DIE CASTING FACILITY Land Building Architect Phase 1 $210,000 $1,427,600 $40,000 Total $1,677,600 Office Furniture and Computer Equipm~nt Lunch and Break Area (4) Die cast Machines Phase 1 (4) Trim Press Phase 1 (4) Melt and Hold Furnaces Phase 1 (4) Spray Units Phase 1 (4) Hot Oi 1 Units Phase 1 D.H. Crane Metal Chipper (1) Air Compressor Water Coaling System Evaporator System Tool Room, Die Supplies, & Tool Crib Maintenance Quality Control General Maintenance $40,000 $20,000 $1,596,320 $140,000 $526,000 $110,000 $36,000 $32,000 $47,000 $39,300 $20,000 $48,695 $221,000 $112,000 $390,000 $48,000 5% Contingency $ 169,815 $3,586,110 $5,263,710 Total Phase 1 Project Total Cost Phase 1 Building 35,690 sq. feet 2 cast machines and support equipment in place by June 2000 2 cast machines and support equipment in place March 2001 This is for a Cast & Trim only Facility p, 008 q OCT.-26'99(TUEl14:16 . . . TWIN CITY DIE CASTINGS TEL:651 644 5280 PHASE 11 MAGNESIUM DIE CASTING FACILITY Building Builder Architect 10% Contingency $700,000 $70,000 $14,000 $78,400 Total $862,400 (4) Die Cast Machines Phase 11 (4) Trim Presses Phase 11 (4) Melt and Hold Furnaces Phase 11 (4) Spray Units Phase 11 (4) Hot Oil Unlts Phase 11 o .I-I. Crane (12) CNC Machining Centers Phase 1] 10% Contingency $1,596,300 $176,000 $526,000 $110,000 $30,000 $75,000 $1,880,000 $439,300 Total $4,832,620 Phase 11 Total Cost $5,698,000 Phase 11 Building Addition of 17,500 sq. ft. Complete October 2001 2 cast machines and support equipment in place October 2001 2 cast machines and support equipment in place January 2002 Add CNC Machining October 2001 P. 009 q . AGREEMENT FOR LOAN OF SMALL CITIES DEVELOPMENT PROGRAM FUNDS THIS AGREEMENT is made and entered into as the _ day of ,2000 by and between the City of Monticello, a statutory city under the laws of Minnesota (the "City") and Twin City Die Castings Company, a Minnesota corporation (the "Developer"); WITNESSETH: WHEREAS, the City has applied to the Minnesota Department of Trade and Economic Development for a Small Cities Development Program Grant (the "SCDP Grant") and received preliminary approval for said grant; and WHEREAS, Grant Agreement Number CDAP-99-0122-H-FYOO (the "Grant Agreement") between the Minnesota Department of Trade and Economic Development and the City has been executed and requires that the Developer provide sufficient funds to complete financing and agree to loan terms with the City regarding the SCDP Grant; and WHEREAS, the parties hereto agree to incorporate into this Agreement by reference said Grant Application and Grant Agreement as if fully set forth herein word for word; NOW THEREFORE, it is agreed by and between the parties hereto as follows: . . DJG-177418v2 MN190-84 q . ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "City" means the City of Monticello, Minnesota. "Developer" means Twin City Die Castings Company, a Minnesota corporation. "Development Property" means the real property described at Exhibit D hereto. "Equipment" means the machinery and equipment purchased by the Developer with the Loan and described at Exhibit A hereto. "Grant Agreement" means Minnesota Department of Trade and Economic Development Grant Agreement #CDAP-99-0122-H-FYOO. "Grantor Agency" means the Minnesota Department of Trade and Economic Development. "Guaranty" means the personal guaranty in the form set forth at Exhibit F hereto. . "Initial Disbursement Date" means the date of the first disbursement of any Loan Proceeds by the City to the Developer. "Leveraged Funds" means the funds described in Section 2.2. of this Agreement. "Loan" means the funds loaned by the City to the Developer pursuant to this Agreement. "Loan Proceeds" means the proceeds of the Loan. "Project" means the Developer's purchase of the Equipment with the assistance of the Loan. "SCDP" means the Minnesota Small Cities Development Program. "SCDP Grant" means the grant of funds by the Grantor Agency to the City pursuant to the Grant Agreement. "State" means the State of Minnesota. "Termination Date" means the date the Developer has repaid the Loan in full. . DJG-I77418v2 MN190-84 2 q . . . ARTICLE 2 Financin2 for Proiect Section 2.1. Proiect Financin2. The Developer has secured a commitment for the financing necessary to complete the Project, in a form and under conditions satisfactory to the Developer. Section 2.2. Develooer's Equity and Other Financing. The Developer shall commit not less than $ of equity and $ of other financing (exclusive of the Loan) to be used for the completion of the Project. Section 2.3. SCDP Grant. The SCDP Grant will be used by the City to make a loan to the Developer of up to five-hundred thousand and no/lOOths dollars ($500,000) for the Equipment. Section 2.3. SCDP Grant. The SCDP Grant will be used by the City to make a loan to the Developer of up to five-hundred thousand and nolI OOths dollars ($500,000) for the Equipment. The City's obligations under this Agreement are expressly contingent on the City's receipt of funds from the Grantor Agency in an amount adequate to make the Loan. ARTICLE 3 SCDP Loan Terms and Conditions Section 3.1. Basic Loan Terms. The principal amount of the Loan shall not exceed five-hundred thousand and no/lOOths dollars ($500,000). The Loan shall bear interest at a rate of four percent (4.00%) per annum. The Loan terms may not be modified without prior written approval from the Grantor Agency. The Loan shall be used exclusively for the purchase of the Equipment. The term of the Loan shall be as set forth in Section 5.4 of this Agreement. Section 3.2. Preoavment. Prepayment of the Loan may occur at any time during the Loan without penalty. Section 3.3. Assignment. If, prior to the Termination Date the Developer sells, conveys, transfers, further mortgages or encumbers, or disposes of the Development Property, or any part thereof or interest therein, or enters into an agreement to do any of the foregoing, the Developer shall immediately repay all amounts then outstanding on the Loan. This shall be in addition to any other remedies at law or equity available to the City. Section 3.4. Termination. This Agreement shall automatically terminate without any notice to Developer: (1) if the Loan proceeds have not been disbursed to the Developer prior to , 20 ; or (2) if: (a) the Developer has not received any disbursement of Loan proceeds from the City; and (b) the Developer fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes "insolvent" as that term is DJG-177418v2 MN190+84 3 q . generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or is the subject of an order for relief in such bankruptcy case, or is adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty (60) days of the appointment. Section 3.5. Promissory Note: Guaranty. The Developer shall, prior to or upon the Initial Disbursement Date, execute a promissory note in substantially the form set forth at Exhibit C. The Developer shall, prior to or upon the Initial Disbursement Date, deliver the Guaranty in substantially the form set forth at Exhibit F. Section 3.6. Davis-Bacon. The Developer warrants and agrees that the Loan will be used only for purchase of the Equipment. The Developer further warrants and agrees that that: (i) neither the Loan, nor any part thereof, will be used to pay for any construction or rehabilitation of real property or any structure thereon; and (ii) that the Loan will not be used to pay for more than an incidental amount of installation costs related to the Equipment as determined by the following factors: . (a) the cost of the Equipment in comparison to the cost of its installation; (b) the absolute cost of installation of the Equipment; (c) the necessity for structural modification of any real property to house the Equipment or widening the entrances of any structure to accommodate installation of the Equipment; and (d) the necessity for upgrading electrical wiring and making similar improvements to any structure to accommodate installation and use of the Equipment. (THIS NEEDS CONFIRl\1A TION - SEE SPECIAL CONDITION 10) Section 3.6. Non-Minnesota Construction Contracts. The Developer warrants and agrees that neither the Loan, nor any part thereof, will be used to pay the costs of construction and that the Developer will in all ways comply with the terms of Minnesota Statute, Section 290.9705. Section 3.7. LobbyinlZ. The Developer warrants and agrees that neither the Loan, nor any part thereof, will be used to pay any person for intluencing or attempting to influence an officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or any employee of a member of Congress in connection with the awarding of any federal contract, the . making of a Federal grant, the entering into of any cooperative agreement, or the extension, DIG-I77418v2 MN190-84 4 q . continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ARTICLE 4 Default and Collateral Section 4.1. Default. The Developer shall be in default under this Agreement upon the happening of anyone or more of the following events: (a) the Developer fails to pay when due any amount payable on the Loan and such nonpayment is not remedied within ten (10) business days after written notice thereof to the Developer by the City; (b) the Developer is in breach of any material respect of any obligation or agreement under this Agreement (other than nonpayment of any amount payable on the Loan) and remains in breach in any material respect for thirty (30) business days after written notice thereof to the Developer by the City; provided, however, that if such breach shall reasonably be incapable of being cured within such thirty (30) business days after notice, and if the Developer commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as the Developer is proceeding to cure such breach; . (c) if any material covenant, warranty, or representation of the Developer shall prove to be untrue in any material respect, provided such covenant, warranty or representation of the Developer remains untrue in any material respect for thirty (30) business days after written notice thereof to the Developer by the City; provided, however, that if such untruth shall reasonably be incapable of being corrected within such thirty (30) business days after notice, and if the Developer commences and diligently prosecutes the appropriate steps to correct such untruth, no default shall exist so long as the Developer is so proceeding to correct such untruth; . (d) the Developer, on or after the Initial Disbursement Date, fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or be adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty (60) days of the appointment; DJG-177418v2 MN190-84 5 q . . . (e) a final judgment is entered against the Developer that the City reasonably deems will have a material, adverse impact on the Developer's ability to comply with the Developer's obligations under this Agreement; (f) the Developer sells, conveys, transfers, encumbers, or otherwise disposes of all or any part of the Equipment without the prior written approval of the City; (g) the Developer merges or consolidates with any other entity without the prior written approval of the City; or (h) there is a loss, theft, substantial damage, or destruction of all or any part of the Equipment that is not remedied to the City's satisfaction within sixty (60) business days after written notice thereof by the City to the Developer. Section 4.2. Remedies Uoon Default. (a) In the event of a default, the City shall have the right as its option and without demand or notice, to declare all or any part of the Loan immediately due and payable, and in addition to the rights and remedies granted hereby, the City shall have all of the rights and remedies under the Uniform Commercial Code and any other applicable law. (b) The Developer agrees in the event of a default to make the Equipment available to the City. The Developer agrees to pay the costs and expenses incurred by the City in enforcing its rights under this Agreement, including but not limited to the City's attorneys fees. If any notice of sale, disposition or other intended action by the City is required by law to be given to the Developer, such notice shall be deemed reasonably and properly given if mailed to the Developer at the Development Property or at such other address of the Developer as may be shown herein, at least fifteen (15) days before such sale, disposition or other intended action. Section 4.3. Collateral. The Developer shall grant to the City a first security interest in the Equipment in an amount of equal to the amount of the Loan disbursed hereunder pursuant to a security agreement in substantially the form set forth at Exhibit B to this Agreement. CONFIRlVI AG BOARD REQUIREMENTS Section 4.4. Default on Business Subsidv Act Requirements. (a) In the event of an Event of Default arising from a breach by the Developer of any provision of Section 7.1 of this Agreement, if the implicit price deflator as defined in Minnesota Schedules, Section 275.50, Subdivision 2 exceeds four percent (4.00%) on the date of the earliest such Event of Default, the Developer shall, in addition to any other payment required hereunder, pay to the City the difference between the present value of the interest actually paid and accrued on the Loan as of the date of the payment required by this Section 4.4 and the amount of interest that would have been paid and accrued on the Loan if the interest rate on the Loan at all times had been equal to the implicit price deflator on the date of the earliest Event of Default. DJG-177418v2 MN190-84 6 q . . . '-. (b) Nothing in this Section 4.4 shall be construed to limit the City's rights or remedies under any other provision of this Agreement and the provisions of Section 4.4(a) are in addition to any other such right or remedy the City may have available. DJG.177418v2 MN190-84 7 q . ARTICLE 5 . . Loan Disbursement Provisions Section 5.1. Payment Requisition Documentation and Format. Loan disbursements shall be for purchase of the Equipment and shall not exceed five-hundred thousand and noll OOths dollars ($500,000). The Loan shall be disbursed to the Developer only after the City has received from the Developer an invoice or invoices for Equipment purchase costs. Upon receipt of such invoice or invoices, the City will disburse an amount equal to nine percent (9.00%) of amount of the invoice or invoices, up to a total disbursement amount of five-hundred thousand and noll OOths dollars ($500,000). Section 5.2. Provision for Evidentiary Materials. No disbursements of Loan funds shall be made until all evidentiary materials required by the Grantor Agency have been submitted and approved by the Grantor Agency. These evidentiary materials shall include, but not necessarily be limited to the materials described in Article 6 of this Agreement and the invoices described in Section 5.1. Section 5.3. Proiect Time Frame. The time frame outlined in the Grant Application pertaining to the Project shall be met by the Developer. Section 5.4. Loan Terms. The term of the Loan shall be seven (7) years, commencing as of the Initial Disbursement Date. The Loan shall bear interest at a rate of four percent (4.00%) per annum and interest shall commence to accrue as of the Initial Disbursement Date. Section 5.5. Loan Repavments Schedule. Payments of principal and interest shall commence on the first day of the first month immediately following the Initial Disbursement Date, and continue on the first day of each and every month thereafter until paid in full. Such payments shall fully amortize the Loan over ten (10) years; provided, however, the entire remaining unpaid balance of principal and interest shall be due and payable in full on the first day of the eighty- fourth (84th) month following the Initial Disbursement Date. Section 5.6. Leveraged Funds. The Leveraged Funds described in the Grant Application must be used for the same purposes and under the same terms, rates, and conditions as specified therein unless prior written consent is received from the Grantor Agency. ARTICLE 6 Provision of Evidentiarv Material Requirement Section 6.1. Provision of Evidentiary Materials. In addition to those materials described in Section 5.2 of this Agreement, the Developer shall provide the City with all evidentiary materials according to the format and timetable cited in the Grant Agreement. The City will forward these materials to the Grantor Agency and assist in expediting reviews leading to a release of the Loan. DJG-177418v2 MN190-84 8 q . . . Section 6.2. Documentation of Use of Funds. The Developer must provide the City with necessary documentation that the Loan and the Leveraged Funds have been used for the items and purposes stated in the Grant Application prior to submitting the final progress report and requesting grant closeout from the Grantor Agency. Section 6.3. Equioment Cost. The Developer must document that the Equipment is of reasonable cost. ARTICLE 7 Provision of New Permanent .Tobs Section 7.1. Business Subsidy Agreement. The provisions of this Section constitute the "business subsidy agreement" for the purposes of the Minnesota Business Subsidy Act. (a) The parties agree and represent to each other as follows: (I) The subsidy provided to the Developer includes the Loan. (2) The public purposes and goals of the subsidy are to increase net jobs in the City and maintain the Development Property as a machining and die casting facility, including office space related to and necessary for such manufacturing uses, for at least five years following the Initial Disbursement Date. (3) If the goals described in clause (2) are not met, the Developer must make the payments to the City described in Section 4.4. (5) The subsidy is needed because acqulSltlOn and interest costs for the Equipment make the Project economically infeasible without the Loan. (6) The Developer must continue operation of the Development Property as a machining and die casting facility, including office space related to and necessary for such manufacturing uses, for at least t1ve years after the Initial Disbursement Date. (7) The Developer does not have a parent corporation. (8) The Developer has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act in connection with the Development Property or the Project. (b) By no later than June 30, 2002 (the "Compliance Date") and continuing through at least the Compliance Date, the Developer shall create at least eighty-five (85) new full-time equivalent jobs (the "New Jobs") on the Development Property (excluding the (_) jobs previously existing on the Development Property as of _, 20 _ which must also be maintained from the date of this Agreement through at least the Compliance Date). Seventy-one DJG-17741Sv2 MN190.S4 q 9 . (71) of the New Jobs must pay a wage of at least $8.50 per hour, exclusive of benefits. The remaining fourteen (14) of the New Jobs must pay a wage of at least $12.00 per hour, exclusive of benefits. (c) Notwithstanding anything to the contrary herein, either (1) at least forty-three (43) of the New Jobs must be filled by people who, at the time of hiring, reside in households of "low to moderate income" as defined by federal Section 8 guidelines (hereinafter "Low to Moderate Income Persons"); or (2) the Developer must provide documentation within thirty (30) days of the date that all eighty-five (85) new jobs have been filled that: (A) the skill level of the New Jobs does not exceed that of an average Low to Moderate Income Person; (B) the education and experience required of the New Jobs does not exceed that of an average Low to Moderate Income Person; (C) training provided by the Developer for the New Jobs, if training is required, will make the New Jobs available to Low to Moderate Income Persons; and . (D) advertisement, recruiunent, and other outreach efforts have been made to contact and hire Low to Moderate Income Persons to fill the New Jobs. Section 7.2. Employment Documentation. The Developer shall annually complete and provide to the City notification of employment of hiring each new employee. This notification requirement shall terminate on the Compliance Date if the Developer is not then in breach of Section 7.1 of this Agreement. Section 7.3. Job Creation Documentation. Until the Compliance Date, the Developer shall submit to the City a written report by January 1 and July 1 of each year in sufficient detail to enable the City to determine compliance with this Article 7. This information shall be provided by the Developer and must include at a minimum: (a) the number of New Jobs created and the dates on which each were created and filled; and (b) the job title, wages, and benefits and hourly value of such benefits for each New Job. . Section 7.4. First Source Employment Referral Al!reement. The Developer shall list any vacant or new positions with the jobs services of the Commissioner of Job Services or a local service unit operated by a county or counties operating under a joint powers agreement, one or more cities of the first class operating under a joint powers agreement, or a city of the first class. DJG-177418v2 MN 190.84 10 q -. - ARTICLE 8 Provision of Monitorinl!: Infonnation Related To Proiect PrOl!:ress Section 8.1. Provision of Pro!2:ress Infonnation. The Developer shall provide to the City infonnation for incorporation into progress reports, as required by the Grantor Agency and as needed by the City, to monitor project implementation for compliance with Grantor and local guidelines. ARTICLE 9 Nondiscrimination Section 9.1. Nondiscrimination. The provisions of Minnesota Statutes, Section 181.59, which relate to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein and the Developer shall comply with each such provision throughout the tenn of this Agreement. ARTICLE 10 ..... ..... Developer's Acknowledl!:ments Representation. and Warrants Section 10.1. Acknowledgments. (a) The Developer acknowledges that the City, in order to obtain funds for part of the City's activities in connection with the Project, has applied for the SCDP Grant to the Grantor Agency under the Small Cities Development Program, Business and Community Development Division, and that the City has entered into the Grant Agreement with the Grantor Agency setting forth the terms, conditions, and requirements of the Grant. The Developer further acknowledges that the Developer has made certain representations and statements as to those activities of the Project to be carried out and completed by the Developer which were contained in and made part of the Grant Application and that the Developer is designated and identified under the Grant Agreement. (b) A copy of the Grant Agreement shall be on file in the offices of the City. In the event any provision of this Agreement relating to the Developer's obligations hereunder shall be inconsistent with the provisions of the Grant Agreement relating to the Developer's activities thereunder, the provisions of the Grant Agreement shall prevail. (c) The Developer acknowledges that nothing contained in the Grant Agreement or this Agreement, nor any act of the Grantor Agency or the City shall be deemed or construed to create between the Grantor Agency and the Developer (or, except as borrower and lender between the City and the Developer) any relationship, including but not limited to that of third-party beneficiary, principal and agent, limited or general partnership, or joint venture. ~ DJG-177418v2 MN190-84 11 q . Section 10.2. ReDresentations and Warranties. The Developer warrants and represents, in connection with the SCDP Grant and for the benefit of the Grantor Agency and the City, that: (a) Representations, statements, and other matters provided by the Developer relating to those activities of the Project to be completed by the Developer, which were contained in the Grant Application, were true and complete in all material respects as of the date of submission to the City and that such representations, statements, and other matters are true as of the date of this Agreement and that there are no adverse material changes in the financial condition of the Developer's business. (b) To the best of the Developer's knowledge, no member, officer, of employee of the City, or its officers, employees, designees, or agents, no consultant, member of the governing body of the City, and no other public official of the City, who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit therefrom, which is part of the Project. (c) The Developer acknowledges that the Grantor Agency, in selecting the City as recipient of the Grant, relied in material part upon the assured completion of the Project to be carried out by the Developer, and the Developer warrants that said Project will be carried out by the Developer. . (d) The Developer warrants that to the best of its knowledge, it has obtained all federal, state, and local governmental approvals, reviews, and permits required by law to be obtained in connection with the Project and has undertaken and completed all actions necessary for it to lawfully execute this Agreement as binding upon it. (e) The Developer warrants that it shall keep and maintain books, records, and other documents relating directly to the leveraged funds and that any duly authorized representative of the Grantor Agency shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the Developer until the completion of all closeout procedures respecting the SCDP Grant and the final settlement and conclusion of all issues arising out of the SCDP Grant. (f) The Developer warrants that no transfer of Loan proceeds by the City to the Developer shall be or be deemed an assignment of the Loan proceeds and the Developer shall neither succeed to any rights, benetits, or advantages of the City under the Grant Agreement, nor attain any right, privileges, authorities, or interest in or under the Grant Agreement. . (g) The Developer warrants that it has fully complied with all applicable local, state, and federal laws pertaining to its business and will continue such compliance throughout the terms of this Agreement. If at any time notice of noncompliance is received by the Developer, the Developer agrees to take any necessary action to comply with the local, state, or federal law in question. DJG.I774ISv2 MN190.S4 12 q . . . ARTICLE 11 Other Svecial Conditions Section 11.1. Antitrust. The Developer hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. Section 11.2. Workers Comoensation Insurance. The Developer has obtained workers compensation insurance as required by Minnesota Statutes, Section 176.181, subd. 2. The Developer's workers compensation insurance information is as follows: (a) Company Name: (b) Policy Number: (c) Local Agent: Section 11.3. Business with the State of Minnesota/State Tax Laws. The Developer is required by Minnesota Law to provide its Minnesota tax identification number if it does business with the State of Minnesota. This information may be used in the enforcement of Federal and State tax laws. Supplying these numbers could result in an action to require the Developer to file State tax returns and pay delinquent State tax liabilities. This Agreement will not be approved unless these numbers are provided. These numbers will be available to Federal and State tax authorities and State personnel involved in the payment of State obligations. Minnesota Tax ill: 7006839 Federal Employer ill: 41-6005385 Section 11.4. Grant Closeout. The Developer shall, prior to grant closeout from the Grantor Agency, provide the City with all documentation necessary to demonstrate that the Loan has been used for the items and purposes set forth in the Grant Application, such documentation to be in substantially the form set forth at Exhibit D to this Agreement, subject to modification by the Grantor Agency in its sole discretion. Section 11.5. Review of Documents. The Developer shall not be entitled to any disbursement of Loan Proceeds until the City's legal counsel and the Grantor Agency have reviewed and approved this Agreement and the exhibits attached hereto. Section 11.6. Effect on Other Agreements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which the City and the Developer are parties. DJG-I77418v2 MN 190-84 13 q . . . Section 11.7. Release and Indemnification Covenants. Except for any breach of the representations and warranties of the City or the negligence or other wrongful act or omission of the following named parties, the Developer agrees to protect and defend the City and the governing body members, officers, agents, servants and employees thereof, now and 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 the acquisition, construction, installation, ownership, maintenance, and operation of the Equipment and the Developer's activities on the Development Property. Section 11.8. Moditications. This Agreement may be moditied solely through written amendments hereto executed by the Developer and the City and approved by the Grantor Agency. Section 11.9. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the City: City of City of Monticello City Hall 505 Walnut Street Suite 1 Monticello, MN 55362 ATTN: (b) as to the Developer: Twin City Die Castings Company ATTN: or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 11.9. Section 11.10. Conflict of Interests: Representatives Not Individually Liable. No officer or employee of the City may acquire any financial interest, direct or indirect, in this Agreement, the Equipment or in any contract related to the Equipment. No officer, agent, or employee of the City shall be personally liable to the Developer or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Developer or on any obligation or term of this Agreement. Section 11.11. Binding Effect. The covenants and agreements in this Agreement shall bind and be to the benefit of the heirs, executors, administrators, successors, and assigns of the parties to this Agreement. DJG-177418v2 MN190-84 14 q . . . Section 11.12. Provisions Not Mer!!ed 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 Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 11.13. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 11.14. Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 11.15. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its contlict of laws provisions. 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 11.16. Waiver. The failure or delay of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. Section 11.17. Headings. The headings used in this Agreement are solely for convenience of reference, are no part of this Agreement, and are not to be considered in construing or interpreting this Agreement. Section 11.18. Entire A!!reement. This Agreement, with the exhibits hereto, constitutes the entire agreement between the parties pertaining to its subject matter and it supercedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. Section 11.19. Separabilitv. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent invalid under applicable law, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or such related document. Section 11.20. Immunity. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. [Remainder of page intentionally blank] DJG-177418v2 MN190-84 15 q . . . IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF MONTICELLO By Its By Its TWIN CITY DIE CASTINGS COMPANY By Its By Its DJG-I77418v2 MN 190-84 16 q . . . EXHIBIT A NEED DESCRIPTION OF EQUIPMENT HERE DJG-I77418v2 MN190-84 A-I g . . . EXHffiIT B SECURITY AGREEMENT This security agreement (the "Security Agreement") is made and given as of this _day of , 2000, by Twin City Die Castings Company, a Minnesota corporation with its principal place of business at (the "Borrower") in favor of THE CITY OF MONTICELLO a statutory city under the laws of Minnesota, with its offices at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362, and its endorsees, successors and assigns (the "Lender"). RECITALS A. Lender and Borrower have entered into a certain Loan Agreement, dated as of the date hereof (the "Loan Agreement"), pursuant to which Lender will loan to Borrower up to five- hundred thousand and nollOOths dollars ($500,000) (the "Loan") to finance the acquisition of the equipment (the "Equipment") described on the Exhibit B attached hereto, such Equipment to be located at the property described on the Exhibit A attached hereto (the "Property"). Borrower's payment obligations under the Loan Agreement will be evidenced by a promissory note (the "Note") dated as of the date hereof. B. As security for the repayment of the Loan, Lender has required that Borrower execute and deliver to Lender this Security Agreement granting a security interest to Lender in the Equipment. C. The Note, this Security Agreement, and any other instruments or documents given as security for the Loan are herein referred to as the "Loan Documents". NOW, lBEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Borrower, it is agreed as follows: 1. Grant of Securitv Interest. As security for the payment and performance of the Note and all other liabilities, obligations and indebtedness of Borrower to Lender due or to become due, direct or indirect, absolute or contingent, jOint or several, howsoever created, arising or evidenced, now or hereafter at any time created, arising or evidenced under or pursuant to the Note or this Agreement or any other document or instrument evidencing or securing the Note, Borrower does hereby transfer, assign and grant to Lender a security interest in all of Borrower's right, title, and interest in and to the following (hereinafter collectively referred to as the "Collateral It), whether now owned or hereafter acquired or arising: (a) the Equipment; and (b) any and all proceeds of the foregoing. DJG-177418v2 MN190-84 B-1 ~ ". ---" -- --" --...,-". . . . (f) Insurance. Borrower agrees it will keep the Equipment insured at all times against loss by fire and other hazards concerning which, in the judgment of Lender, insurance protection is reasonably necessary and in amounts sufficient to protect against loss or damage of the Equipment. Such policy or policies will contain a loss payable clause in favor of Lender or its successors or assigns, in fonn satisfactory to Lender, provided, however, that Borrower may, at its reasonable discretion, self-insure the Equipment. (g) No Fixture. If any of the Collateral is or becomes a fixture, Borrower agrees to furnish Lender, at Lender's request, with a statement or statements signed by all persons who have or claim an interest in the real estate concerned, which statements shall provide that the signer consents to the security interest created hereby and disclaims any interest in the Collateral as fixtures. (h) Understandings Regarding Collateral. Borrower acknowledges that the Collateral is of the design, capacity, and manufacture specified for and by Borrower, and that Borrower is satisfied that the same is suitable for its intended purposes. Borrower further acknowledges and agrees that Lender has not made, and does not make, any representation, warranty, or covenant with respect to merchantability, fitness for any purpose, durability, patent, copyright or trademark infringement, suitability, or capability of any item of Collateral in any respect or in connection with any other purpose or use of Borrower, or any other representation, warranty, or covenant of any kind or character expressed or implied with respect thereto. Borrower accordingly agrees not to assert any claim whatsoever against Lender based thereon. Borrower further agrees, regardless of cause, not to assert any claim whatsoever against Lender for loss of anticipatory profits or consequential damages. (i) Use of Collateral. The Collateral will be used for its intended business purpose and will at all times be located at the Property. (j) Condition of Collateral. Borrower will keep the Collateral in good condition and repair, reasonable wear and tear excepted, and will permit Lender to enter upon the Property at reasonable times for the purpose of examining the Collateral. (k) Costs of Collection. In the event of any action or proceeding to collect or realize upon the Collateral or to enforce any of Lender's rights hereunder, Borrower shall pay: (i) all of Lender's attorneys fees and other legal expenses, with interest thereon, incurred by Lender; (ii) all taxes, levies, insurance expenses, and costs of repairs to, or maintenance of, the Collateral; and (iii) all costs of Lender incurred in taking possession of, disposing of or preserving the Collateral after any Event of Default (defined below). DJG-17741Sv2 MN19Q.-S4 B-3 q . 3. Event of Default. Upon the event of a default under the Loan Agreement, Lender may exercise any remedy available to it under the terms of the Loan Agreement. 4. Further Assurances. Borrower shall execute and deliver to Lender, promptly and at Borrower's expense, Unifonn Commercial Code ("Code") fmancing statements and evidence of tax filings and payments, including without limitation a UCC-I Financiug Statement in substantially the funn set forth at Exhibit C. Borrower agrees that Lender is authorized, at its option, to me a carbon, photographic, or other reproduction of this Agreement as a fmancing statement and that such shall be sufficient as a financing statement under the Code, and to file fmancing statements or amendments thereto without the signature of Borrower and, if a signature is required by law, then Borrower appoints Lender as Borrower's attorney-in-fact to eXecute any such financing statements. 5. Cumulative Remedies. All of Lender's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Code, and may be exercised concurrently or separately. Borrower shall pay all costs, expenses, losses, damages and legal costs (including attorneys fees) incurred by Lender as a result of enforcing any terms or conditions of this Agreement. . 6. No Liabilitv Imoosed on Lender. Lender shall not be obligated to perfonn or discharge, nor does it hereby undertake to perfonn or discharge any obligation, duty, Or liability, nor shall this Agreement operdte to place responsihility for the control, care, or management of the Equipment upon Lender. 7. Indemnification. Borrower shall and does hereby agree to indemnify against and to hold Lender hannless of and from any and all liability, loss, or damage which it mayor might incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perfonn or discharge any of the tenns, covenants or agreements contained herein. Should Lender incur any such liability or be required to defend against any such claims or demands, or should a judgment be entered against Lender, the amount thereof, including costs, expenses, and reasonable attorneys fees, shall bear interest thereon at the rate then in effect on the Note, shall be secured hereby, shall be added to the Loan, and Borrower shall reimburse Lender for the same immediately upon demand, and upon the failure of Borrower so to do, Lender may declare the Loan immediately due and payable. Nothing in this Agreement shall be construed as a waiver by Lender of any immunities, defenses, or other limitations on liability to which Lender is entitled by law, including but not limiled to the maximum mouetary limits on liability established by Minnesota Statutes, Chapter 466. ~ 8. Expenses of Lender. All expenses in protecting, storing, warehousing, insuring, handling and shipping of the Collateral, all costs of keeping the Collateral free of liens, encumbrances and security interests (other than the security inlerest created by this Agreement) and the removing of the same and all excise, property, sales and use taxes imposed by state, federal, or local authority on any of the Collateral or with respect to the sale thereof, shall be borne and paid for by Borrower and if Borrower fails to promptly pay any amounts thereof when - DJG-177418v2 MN190-84 B-4 q . due, Lender may, at its option, but shall not be required to, pay the same, and upon such payment the same shall constitute obligations and shall bear interest at the rate specified in the Note and shall be secured by the security interests granted hereunder. 9. Continuinll Rillhts. The rights and powers of Lender hereunder shall continue and remain in full force effect until the Loan is paid in full. 10. Books and Records. Borrower will permit Lender and its representatives to examine Borrower's books and records (including data processing records and systems) with respect to the Collateral and make copies thereof at any time and from time to time, and Borrower will furnish such information reports to Lender and its representatives regarding the Collateral as Lender and its representatives may from time to time request. Lender shall have the authority, at any time, to require Borrower to place upon Borrower's books and records relating to the Collateral and other rights to payment covered by the security interest created in this Agreement a notation stating that any such Collateral and other rights of payment are subject to a security interest in favor of Lender. 11. Effect on Other A2Teements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which Lender and Borrower are parties. . 12. Release and Indemnification Covenants. Except for any breach of the representations and warranties of Lender or the negligence or other wrongful act or omission of the following named parties, Borrower agrees to protect and defend Lender and the governing body members, officers, agents, servants and employees thereof, now and 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 the acquisition, construction, installation, ownership, maintenance, and operation of the Equipment. 13. Modifications. This Agreement may be modified solely through written amendments hereto executed by Lender and Borrower and approved by The Minnesota Department of Trade and Economic Development.. 14. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the City: City of Monticello 505 Walnut Street Suite 1 Monticello, Minnesota 55362 ATTN: . DJG-I77418v2 MN19Q.84 B-5 q . . . (b) as to the Developer: Twin City Die Castings Company AITN: or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 14. 15. Conflict of Interests: Representatives Not Individuallv Liable. No officer or employee of Lender may acquire any financial interest, direct or indirect, in this Agreement, the Equipment or in any contract related to the Equipment. No officer, agent, or employee of Lender shall be personally liable to Borrower, or any successor in interest, in the event of any default or breach by Lender or for any amount which may become due to Borrower or on any obligation or term of this Agreement. 16. Binding Effect. The covenants and agreements in this Agreement shall bind and be to the benefit of the heirs, executors, administrators, successors, and assigns of the parties to this Agreement. 17. Mer!!er. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 18. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 19. Countemarts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 20. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. 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. 21. Waiver. The failure of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. DJG-177418v2 MN190-84 B.6 q . . . 22. Headinl2's. The headings used in this Agreement are solely for convenience of reference, are no part of this Agreement, and are not to be considered in construing or interpreting this Agreement. 23. Entire Al2'reement. This Agreement, with the other Loan Documents constitutes the entire agreement between the parties pertaining to its subject matter and it supercedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. 24. Separability. Wherever possible, each provlslOn of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent invalid under applicable law, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or such related document. 25. Other Matters. All representations and warranties contained in this Agreement or in any other agreement between Borrower and Lender shall survive the execution, delivery and performance of this Agreement and the creation and payment of any indebtedness to Lender. Borrower waives notice of the acceptance of this Agreement by Lender. [Rest of page intentionally left blank] DJG-177418v2 MN190-84 B-7 9 . IN WITNESS WHEREOF, Lender has caused this Agreement to be dnly execnted in its name and behalf and Borrower has caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF MONTICELLO, MINNESOTA By Its By Its TWIN CITY DIE CASTINGS COMPANY By . Its By Its . DJG-177418v2 MN190-84 B-3 Cf . . . EXHIBIT A TO SECURITY AGREEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION HERE DJG-177418v2 MN190-84 PROPERTY B-A.} EQUIPMENT . . DIG-177418v2 MN190-84 EXHIBIT B TO SECURITY AGREEMENT DESCRIPTION OF EQUIPMENT B-B-l q EXHIBIT C TO SECURITY AGREEMENT STATE OF MINNESOTA UCC.} FINANCING STATEMENT This statement is presented for filing pursuant to l\ilinnesota Statutes 336.9.402 FOR USE BY FILING OFFICER ONLY DEBTOR TWIN CITY DIE CASTINGS COMPANY TIN: 41-6005385 . SECURED PARTY City of Monticello, Minnesota 505 Walnut Street, Suite 1 Monticello, MN 55362 COLLATERAL See attached Exhibit A. RETURN ACKNOWLEDGMENT COpy TO: TWIN CITY DIE CASTINGS COMPANY By Its By Its By Its . DJG-177418v2 MN190-84 B-C-l . . . EXHffiIT A to DCC-l Financing Statement naming Twin City Die Castings, as Debtor and City of Monticello, lVIinnesota, as Secured Party Pursuant to the provisions of the Security Agreement dated as of , 2000 (the "Agreement") between the Debtor and Secured Party, the Debtor does hereby assign to and grant to the Secured Party all of its right, title and interest in and to: NEED EQUIPMENT DESCRIPTION (the "Equipment"), contract rights (including contract rights pertaining to performance bonds, fidelity bonds, or insurance contracts) now or hereafter belonging or in any way pertaining to the Equipment, and all proceeds and products of the foregoing. DJG.177418v2 MN190-84 Cf B-C-A-l . . . EXHIBIT C PROMISSORY NOTE $500,000 ,2000 Twin City Die Castings Company, a Minnesota corporation (the "Maker"), for value received, hereby promises to pay to the City of Monticello (the "City") or its assigns (the City and any assigns are hereinafter referred to as the "Holder"), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of five-hundred thousand and Noll 00 Dollars ($500,000) or so much thereof as may be advanced under this Note, with interest as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of this Note is payable in installments due as follows: L The Loan shall bear interest at a rate of four percent (4.00%) per annum and interest shall commence to accrue as of the Initial Disbursement Date as defined in the Loan Agreement, as hereinafter defined. 2. Payments of principal and interest shall commence on the first day of the first month immediately following the Initial Disbursement Date, and continue on the first day of each and every month thereafter until paid in full. Such payments shall fully amortize the Loan over ten (10) years; provided, however, the entire remaining unpaid balance of principal and interest shall be due and payable in full on the 11rst day of the eighty-fourth (84th) month following the Initial Disbursement Date. 3. The Maker shall have the right to prepay the principal of this Note, in whole or in part, without prepayment penalty. 4. This Note is given pursuant to the Loan Agreement and is secured by a security agreement of even date herewith (the "Security Agreement") covering certain property located in Wright County, Minnesota. In the event any such security is found to be invalid for whatever reason, such invalidity shall constitute an event of default hereunder. All of the agreements, conditions, covenants, provisions, and stipulations contained in the Loan Agreement, or any instrument securing this Note are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If a default occurs under the Loan Agreement, or any instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note, together with any costs of collection including attorney fees incurred by the Holder of this Note in collecting or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder, or under any instrument securing this Note. The Maker agrees that the Holder of this Note may, without notice to the Maker of this Note and without affecting the liability of the Maker of this DJG-177418v2 MN190.84 C-l 9 . Note, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 5. The remedies of the Holder of this Note as provided herein, and in the Loan Agreement, or any other instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder of this Note and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 6. Choice of Law and Venue. This Note shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. . 7. Waiver. The failure of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. 8. Headin2s. The headings used in this Note are solely for convenience of reference, are no part of this Note, and are not to be considered in construing or interpreting this Note. 9. Entire Note. This Note, with the other Loan Documents constitutes the entire Note between the parties pertaining to its subject matter and it supercedes all prior contemporaneous Notes, representations, and understandings of the parties pertaining to the subject matter of this Note. 10. Set;>arability. Wherever possible, each provision of this Note and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Note or any related document is to any extent invalid under applicable law, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or such related document. . 11. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. DJG-177418v2 MN190-84 C-2 q . . . IN WITNESS WHEREOF. the Maker has caused this Note to be duly executed as of the _day of . 2000. By Its By Its DJG-177418v2 MN190-84 C-3 q . . . EXHIBIT D PROPERTY LEGAL DESCRIPTION LEGAL DESCRIPTION HERE DJG-177418v2 MN190-84 D-I 9 . EXHmIT E GRANT CLOSEOUT DOCUMENTATION HERE . , DJG.177418v2 MN190-84 E-1 <1 . EXHffiIT F GUARANTY AGREEMENT This Guaranty Agreement is made and entered into this _ day of , 2000, by (individually a "Guarantor" and collectively the "Guarantors") for the benefit of the City of Monticello, Minnesota ("City"), a statutory city under the laws of Minnesota. WITNESSETH: WHEREAS, Twin City Die Castings Company ("Borrower") proposes to borrow the sum of five-hundred thousand and nail OOths dollars ($500,000) from the City in order to assist in the purchase of machinery and equipment to be used for the conduct of Borrower's business; and WHEREAS, pursuant to the loan agreement of even date herewith between Borrow and the City (the "Loan Agreement"), Borrower has agreed to repay to the City five-hundred thousand and nollOOths dollars ($500,000), together with interest thereon at the rate and within the time stated in the Borrower's promissory note of even date herewith ("Note"); and . WHEREAS, to secure payment of the Note, the City has required, and the Guarantors have agreed to provide, a guaranty of the indebtedness above described between Borrower and the City; WHEREAS, the Borrower has entered into a Security Agreement of even date herewith as security for the Note (the "Security Agreement"); and WHEREAS, the Guarantors will receive a direct financial benefit from the loan to Borrower by the City pursuant to the Note. NOW, THEREFORE, to induce the City to make the loan to Borrower, the Guarantors hereby covenant and agree with the City, for the benefit of all who at any time become holders of the Note, as follows: Section 1.1. Each Guarantor hereby unconditionally guarantees to the City for the benefit of the Holder from time to time of the Note (a) the full and prompt payment of the principal of the Note when and as the same shall become due, whether at the stated maturity thereof, by acceleration or otherwise, (b) the full and prompt payment of any interest on the Note when and as the same shall become due, and (c) any other amounts due the Lender under the Loan Agreement, the Note, or the Security Agreement. All payments shall be paid in lawful money of the United States of America. Each and every default in payment of the principal of or interest on the Note shall give rise to a separate cause of action hereunder, and separate suits may be brought hereunder as each cause of action arises. . Section 1.2. The obligations of the Guarantors under this Guaranty shall be absolute and unconditional and shall remain in full force and effect until the entire principal of and interest on the DJG-177418v2 MN190-84 F-l q . Note shall have been paid, and such obligations shall not be affected, modified or impaired upon the happening from time to time of any event, including, without limitation, any of the following: a. The compromise, settlement, or release of less than all of the obligations, covenants or agreements of Borrower under the Note; b. The failure to give notice to any person of the occurrence of an event of default under the terms and provisions of this Guaranty or the Note executed by Borrower: c. The extension of the time for payment of principal of or interest on the Note or under this Guaranty; d. Any failure, omission, delay, or lack on the part of the City to enforce, assert or exercise any right, power, or remedy conferred on the City in this Guaranty or other instruments executed and delivered in connection with the loan contemplated thereby, or any other act or acts on the part of the City or any of the holders from time to time of the Note; e. The default or failure of the Guarantors to perform any of the obligations set forth in this Guaranty. . Section 1.3. No set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature that Borrower has or may have the City shall be available hereunder to the Guarantors against the City. Section 1.4. In the event of a default in the payment of principal of the Note when and as the same shall become due, whether at the stated maturity thereof, by acceleration or otherwise, or in the event of a default in the payment of any interest on the Note when and as the same shall become due, or upon the occurrence and continuance of any Event of Default under the Agreement, the City may proceed hereunder; and the City, in its sole discretion, shall have the right to proceed first and directly against either or all Guarantors for the full amount due without proceeding against or exhausting any other remedies it may have as to Borrower. Section 1.5. The Guarantors hereby expressly waive notice from the City or the holders from time to time of the Note of acceptance of or any reliance upon this Guaranty. The Guarantors agree to pay all the costs, expenses, and fees, including attorneys' fees, which may be incurred by the City in enforcing or attempting to enforce this Guaranty whether the same shall be enforced by suit or otherwise. Section 1.6. This Guaranty is entered into by the Guarantors with the City for the benefit of the City and the holders from time to time of the Note, all of whom shall be entitled to enforce performance and observance of this Guaranty. Section 1.7. The Guarantors are each duly authorized and empowered to execute, deliver, and perform this Agreement and to borrow money from Lender. . Section 1.8. The performance or observance of any promise or condition set forth in this Guaranty may be waived, amended, or modified only by a writing signed by the Guarantors and the DJG-177418v2 MN190-84 F-2 9 . . . City. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. [REMAINDER OF PAGE INTENTIONALLY BLANK] DJG-177418v2 MN190-84 F-3 ~ . . IN wITNESS WHEREOF, the Guarantors have caused this Guaranty to be executed as of the date fIrst above written. GUARANTOR {NAME} By: Printed Name: GUARANTOR {NAME} By: Printed Name: GUARANTOR {NAME} By: Printed Name: [SIGNATURE PAGE FOR GUARANTY AGREEMENT - TWIN CITY DIE CASTINGS COMPANY] . F-4 q DJG-177418v2 MN190-84 ...... - . . Council Meeting - 3/27/2000 10. Review of bids for ballfield li~hting and consideration of award of contract. (J.S,) A. REFERENCE AND BACKGROUND: In 1992, due to the growing use of the four-field NSP baseball and softball complex, the city I ighted the baseball field and one of the three softball fields at a cost of $88,512. Agreements were made with the Monticello Softball Association and the Monticello Youth Baseball Association to cover the cost of electricity and to make minor payments toward recovering some of the cost of the lighting system. With the continued growing of the community, there again is more pressure for more facilities for softball and youth baseball and the town baseball team, the Polecats. The youth baseball also will use the softball fields. It is my understanding that the pledge from the softball association in 1992 was $5,000 over the next ten years; and the Monticello Youth Baseball Association pledged $10,000 over a period of ten years toward lighting the two fields. We havc again asked these two original groups and the town baseball team, the Polecats, to assist with some funding for the lights. Enclosed is a memo from Gregg Engle, Monticello Park Superintendent, to update you on that process. The city has budgeted over the past several years a total 01'$95,000 towards lighting the two additional softball fields. The majority of thc lighting in this area has to be of thc cut off type lighting to limit any glare to drivers on 1-94. We estimated the project to come in between $88,000-$90,000. The following is a tabulation of the bids received on 'f'hursday, March 23,2000 at 2 p.m.: BIDDER NAME TOTAL LUMP SUM BID 1. Electric Systems of Anoka, Inc. $84,888,00 2. Wright Electric Inc. of Plymouth $88,578.00 3. Phasor Electric Co. of Plymouth $119,288.00 4. Olson & Sons Electric Inc. of Monticello $125,400,00 As prescnted above, the low bidder is Electric Systems of Anoka, Inc. from Ramsey, Minnesota in the amount of$84,888.00. The completion ofthe project is scheduled for sixty (60) days aftcr award of contract and notice to proceed. This should be some time in early June. Council Meeting - 3/27/2000 . B. ALTERNATIVE ACTIONS: 1. The first alternative is to award the new lighting project to Electric Systems of Anoka, Inc. in the amount of $84,888.00. 2. The second alternative would be not to award the lighting project. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Public Works Director, Park Superintendent and the Parks Commission that the City Council award a contract to Electric Systems of Anoka, Inc. in the amount of $84,888.00 for lighting two ball fields as outlined in alternative #1. It is also recommended that the city set some minimum contributions they expect from the participants in the use ofthose lighted fields so that further negotiations can take place with a goal in mind between the Park Superintendent, Parks Commission and those using the facility. D. SUPPORTING nATA: . Copy of map ofthe fields designating the two fields to be lighted Copy of memo from Gregg Engle, Monticello Park Superintendent regarding additional funding from users and meeting agenda for March 30th. . @ .; ~ I ~._""._._. ->"<.- ..- \ly ~.' . MEMORANDUM MONTICELLO TO: City Council Members and The Honorable Mayor FROM: Gregg Engle, Park Superintendent DATE: March 24,2000 RE: Softball Field Lighting City Project #2000-01 C Future Financial Commitments from Participating Associations _ _ In regards to the above referenced project, the participating associations have made verbal financial . commitments as follows: MBA: $500/year for the next five years (for a total of$2,500) Renegotiate the concession stand agreement All pending on the outcome of the meeting of March 30, 2000 J\.1MSA: Extend existing contract for another ten years (for a total of$10,000) Polecats: $l,OOO/year for the next five years (for a total of$5,000) Supply labor and materials to upgrade existing baseball field Pending on the meeting of March 30,2000 All participating groups agree that the addition oflights to complete the ballfield complex is needed to meet the future needs of all organizations and that an extensive management of the complex is needed. The Parks Commission and myself feel that the community, the park system and the city itself can benefit economically and recreationally from these additions. We also feel a need for restructuring and extensive planning to be done for the future. . GFlbcA<e cc: Project File Monticello City Hall, 505 Walnut Street, Suite 1. Monticello, MN 55362-8831 · (763) 295-2711 . Fax: (763) 295-4404 Office of Puhlic Works. 909 Golf Course Rd.. Monticello, MN 55362 . (763) 295-3170. Fax: (763) 271-3272 f60-:\ ~ CITY OF MONTICELLO MEETING AGENDA CITY BALLFIELDS COMPLEX 3 P.M. - MARCH 30, 2000 CITY HALL CONFERENCE ROOM . I .....---"""'""-_.~~~'-~'- '~-----"--1 ....----..-----.....--------~-~ PURPOSE To negotiate new agreements and understandings of the management nfthe Monticello City Ballfield, I REPRESENTATIVES =__----1 City of Monticello: Rick Wolfsteller, City Administrator John Simola, P.W. Director Gregg Engle, Park Superintendent Wanda Kraemer, Administrative Assistant Monticello Polecats: Dale Harris Mike Jacobson Parks Commission: Earl Smith Larry Nolan Monticello Baseball Association: Paul Klinewachner Roger Pribyl . Monticello Mens Softball Association: Mark Banyai --~ , ---l .....---------_.-.....---------...............~ BACKGROUND INFORMATION The 1992 agreements between the city of Monticello, MBA, and MMSA will be expiring soon (see attached) due to the following changes: A. Installation of lights on the two softball fields will have a major impact on usage and utilization of all ballfields in the complex. B. With creation of new Parks Department a better understanding of maintenance and utilization of complex and communication is needed. C. The participation of a third association (Monticello Polecats) has an impact on field scheduling. D. The participation demand in this community for a standard size baseball field is needed with a grass infield. A better communication has to occur between all associations and the city for the good of all participants and the complex itself. . E. Due to these issues, the Parks Commission, Park Superintendent and the Public Works Director feel a new agreement of commitment and a new vision of management should be implemented _ PAGE 1 - C:\OFFICElPARKSlAGeHDAS\8lF0330AGD: 3/2<I/2QOO -I -~ MEETING AGENDA 1. Introduction of all present 2. Overview offield usage and utilization (present and future) 3. Agreement of defraying cost of new installed lights on the two softball fields Current Verbal Commitment: MBA: $500 for the next five years and renegotiate concession stand usage MMSA: Extend present agreement another ten years Polecats: Labor and materials for upgrading existing baseball field and renegotiate concession stand usage 4. Concession stand usage . A. B. C. Impact of renegotiating usage by all associations Cooler/storage issue Management of concession stand 5. Electric Costs 6. Maintenance roles 7. Future contributions from each associations 8. Expectations of all associations A. Tournaments B. City policies and ordinances C. Economic impact and utilizations D. Concessions 9. 10. , 11. 12. Expectations of communications between city and all associations Signage/advertising Added items Adjournment C:\OffICElPARKSlAGI:NOAsIBLf0330.AGO: 3/2ol/200O - PAGE 2 - . . 0'" .o" "'.0: "'''' u'" HOl E-<> Zo Ou ::E 0 '-0 0 '" 0><0 t;~ UU)", ""0 00 "'.... "1" U 0"1 ..l.o !1) "'" OJ'" "'''' -M 0 .o H "'''' .o !1) OJ .-< " .-< U) "'01 -M ~ C. '" U U) ..... '" '" 0 '"' .... '" OZ OJ 0 0: .... " H '" OJ Il> '-'''' J:: "'''' " !< -M 01 H Ol '" ::E E-< 15 Z E '" H U :c: U) 0 :i: ~ '" 0 U U !1) '" Il> ::E", '" ~ .... -M .... . "'" .... '- 0.0 E-< '" '" 0 U)'" 0 Q 0 .. U 0><0 '" Q !1) U) .. 0 '" '" '" -M '" 0 ..l.... '-' '" -M H .0: " '-' Il> H Il> '" Q 0 u '" Uo .-< D H 0 " '" ~g Il> 0 ~ 0 H '" U) '" N '-'Ol Z", '" 0-, '" "' H'- U ~ .... 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CITY COUNCIL UPDATE March 27, 2000 by Ollie Koropchak, Director of Economic Development Twin City Die Castings Company - The steel and tip-up panels are expected to arrive March 24 or 27. Profile Powder Coating, Inc. - Although at the time of this writing I've not received a commitment to a Monticello site location, I anticipate the City of Monticello is number 1. On Tuesday, the representatives from the State and the Central Minnesota Initiative Fund, Lenny Kirscht, and myself toured Profile's plant in Rogers. The State and CMIF appear interested in participating with the funding of the $2 million project and 30 new full-time jobs at wages between $12 to greater than $16 excluding benefits. They are looking at a 3 . IS-acre site on the comer of Fallon Avenue and Chelsea Road. They have selected a lender and contracted a builder. They propose a 30,000 sq ft block building with 6 docks. The process at the new location would be a wood finishing process unlike the process of metal finishing in Rogers. No financial statements have been requested until after location commitment. The State informed the company, they are eligible for $450,000. I'm assuming unless the financial analysis indicates otherwise, the City Council is O.K. with proceeding with a grant application to the State. If not, please let me know. Each City can be granted up to $500,000 per calendar year by the State (July 2000 to July 200I)~ however, we would have the ability to request the Commissioners of Wright County to be an applicant for funds on behalf of a Monticello project if so needed. One thing about this proposed project, because the process is untapped in this area comes both an opportunity and the time for acceptance of a new process. The closest facility is located in Michigan. The proposed Monticello facility will be constructed with the capability to convert to a metal finishing process if so determined in the future.